Preview
Filed: 10/6/2021 3:04 PM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 57942229
By: Lisa Kelly
10/6/2021 3:21 PM
CAUSE NO. 20-CV-1975
BLAKE TARTT, III § IN THE DISTRICT COURT OF
§
VS. § GALVESTON COUNTY, TEXAS
§
JOHN DOE AND §
JANE DOE § 56TH JUDICIAL DISTRICT
PLAINTIFF’S NOTICE OF INTENT TO TAKE THE DEPOSITION BY WRITTEN
QUESTIONS OF THE CUSTODIAN OF RECORDS OF THE OFFICE OF HUMAN
RESOURCES OF MISSISSIPPI STATE UNIVERSITY
To: John and Jane Doe, wherever they may be found, through Texas e-file service.
The Custodian of Records of the Office of Human Resources of Mississippi
State University, 1111 Jackson Avenue, Oxford, Lafayette County, Mississippi
38655
1. Please take notice that, under Texas Rule of Civil Procedure 200.1,
Plaintiff Blake Tart III, will take the deposition on written questions of the Custodian
of Records of the Office of Human Resources of Mississippi State University. on
November 5, 2021 at 10:00 a.m., at 1111 Jackson Avenue, Oxford, Mississippi 38655.
2. The deposition will continue from day to day until completed.
3. A Notary Public for the State in which the custodian of records completes
the deposition will take the deposition.
4. Under Rules 176.2(b) and 200.1(b), the Custodian of Records of Office
of Human Resources of Mississippi State University has been subpoenaed to produce
the following documents at the deposition:
a. University of Mississippi issued phones used by Martray
Thompson Murphy to copy stored data that mention "Tartt" or
"Blake Tartt" or "Blake Tartt III"
b. Complete, unredacted employment file of Martray Thompson
Murphy, Martray K. Thompson Murphy, Martray K. Murphy, or
Martray K. Thompson-Murphy SSN XXX-XX-1322.
c. All emails sent to or received by Martray Thompson Murphy,
Martray K. Thompson Murphy, Martray K. Murphy, or Martray
K. Thompson-Murphy.
d. All emails sent to or received by martraythompson38@gmail.com.
e. Office and cell Phone logs for Martray Thompson Murphy
f. All correspondence to or from phone number 662-371-5937.
g. All documents, emails or other correspondence that mention
phone number 662-371-5937.
5. The DEPOSITION ON WRITTEN QUESTIONS is attached as
Exhibit A.
Respectfully Submitted,
Johnston & McLean, PLLC
7950 Legacy Drive, Suite 330
Plano, Texas 75024
(972) 436-1661
(972) 436-1615 – Facsimile
William W. Digitally signed by William
W. Johnston
Johnston Date: 2021.10.06 14:50:56
By____________________________
-05'00'
William W. Johnston
State Bar No. 10846700
billjohnstonlawoffice@gmail.com
Motion for Issuance of Letters Rogatory
Re The Custodian of Records of the Office of
H uman Resources of Mississippi State University 20-CV-1975 – Page 2
Attorney for Plaintiff
Calvin G. Digitally signed by Calvin G.
McLean
McLean Date: 2021.10.06 14:51:20
By____________________________
-05'00'
Calvin G. McLean
State Bar No. 24091885
goc.garfieldlaw@gmail.com
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I hereby certify that the foregoing
PLAINTIFF’S NOTICE OF INTENT TO TAKE THE DEPOSITION BY WRITTEN
QUESTIONS OF THE CUSTODIAN OF RECORDS OF THE OFFICE OF HUMAN
RESOURCES OF MISSISSIPPI STATE UNIVERSITY
was served on Defendants via electronic filing service on this 7th day of October 2021.
Calvin G. Digitally signed by Calvin G.
McLean
McLean Date: 2021.10.06 14:51:41 -05'00'
________________________________
Calvin G. McLean
Notice of Intent to Depose The Custodian of Records of the Office of
H uman Resources of Mississippi State University by Written Questions 20-CV-1975 – Page 3
EXHIBIT A
CAUSE NO. 20-CV-1975
BLAKE TARTT, III § IN THE DISTRICT COURT OF
§
VS. § GALVESTON COUNTY, TEXAS
§
JOHN DOE AND §
JANE DOE § 56TH JUDICIAL DISTRICT
DEPOSITION ON WRITTEN QUESTIONS
THE CUSTODIAN OF RECORDS OF THE OFFICE OF
HUMAN RESOURCES OF MISSISSIPPI STATE UNIVERSITY
A. INSTRUCTION
Records may be provided as electronic media containing records in PDF,
JPEG, or TIF format or “hard” copies. Video records may be provided in MP3 or
MP4.
B. DEFINITION
Requested Records shall mean the items listed in section C of this document.
C. RECORDS REQUESTED
a. University of Mississippi issued phones used by Martray Thompson Murphy to
copy stored data that mention "Tartt" or "Blake Tartt" or "Blake Tartt III"
b. Complete, unredacted employment file of Martray Thompson Murphy, Martray
K. Thompson Murphy, Martray K. Murphy, or Martray K. Thompson-Murphy
SSN XXX-XX-1322.
c. All emails sent to or received by Martray Thompson Murphy, Martray K.
Thompson Murphy, Martray K. Murphy, or Martray K. Thompson-Murphy.
d. All emails sent to or received by martraythompson38@gmail.com.
e. Office and cell Phone logs for Martray Thompson Murphy
f. All correspondence to or from phone number 662-371-5937.
g. All documents, emails or other correspondence that mention phone number
662-371-5937.
DEPOSITION ON WRITTEN QUESTIONS
THE CUSTODIAN OF RECORDS OF THE OFFICE OF
HUMAN RESOURCES OF MISSISSIPPI STATE UNIVERSITY
1. Please state your full name, occupation, official title, and business address.
Answer:
2. Are you the custodian of records for the Office of the Human Resources of
Mississippi State University (hereinafter “MSU”)?
Answer:
3. In your capacity as custodian of records for MSU, are you familiar
with whether MSU maintains records of their business activities?
Answer:
4. Are the records of MSU kept under your care, supervision, custody,
or control?
Answer:
Deposition on Written Questions - The Custodian of Records of the Office of
H uman Resources of Mississippi State University by Written Questions 20-CV-1975 – Page 2
5. Was it in the regular course of business activity of MSU for
employees with personal knowledge of the transactions identified in the records
to make such records or to transmit such information to be included in the
records?
Answer:
6. Were the REQUESTED RECORDS made at or near the time of the
transactions identified in the records or within a reasonable time thereafter?
Answer:
7. Were the REQUESTED RECORDS made and kept in the regular course
of daily business activities by MSU?
Answer:
8. Were the REQUESTED RECORDS transmitted to your files, and did you
maintain the records as part of your official duties as the custodian of records for
MSU?
Answer:
9. Please hand the originals or exact duplicates of the REQUESTED
RECORDS to the notary public taking your deposition for photocopying and
attachment to this deposition. Have you now given all of the REQUESTED RECORDS
to the notary public taking your deposition? If not, identify for the notary public
the records and documents you did not produce and explain why you did not
produce them.
Deposition on Written Questions - The Custodian of Records of the Office of
H uman Resources of Mississippi State University by Written Questions 20-CV-1975 – Page 3
Answer:
10. In the event you are unable to find any of the records requested in
the subpoena you received, how long does MSU maintain its files, and does MSU
ever destroy its files?
Answer:
11. Are you aware of any other companies or persons that may have
possession of records pertaining to the subject matter of this lawsuit? If so, please
state the name and address of such entity or person, if known.
Answer:
12. Have you been requested or directed by any person to withhold or
protect, for any reason, the records identified in Plaintiff’s subpoena? Has any
person suggested that you should withhold or protect the records identified in
Plaintiff’s subpoena? If so, please state the name and address of the person who
conveyed this information to you and when such event occurred.
Answer:
13. Do you know or have reason to believe that the records identified in
Plaintiff’s subpoena have in any manner been edited, purged, culled, or otherwise
altered? If so, please identify the records and explain why and how they were altered
or removed.
Answer:
Deposition on Written Questions - The Custodian of Records of the Office of
H uman Resources of Mississippi State University by Written Questions 20-CV-1975 – Page 4
14. If any document responsive to Plaintiff’s subpoena was, but is no
longer in your possession, custody, or control, or no longer exists, state whether (1)
it is missing or lost, (2) it was destroyed, (3) it was transferred to others, or (4) it
was otherwise disposed of, and explain the circumstances surrounding its
disposition, including the date of such disposition.
Answer:
CUSTODIAN OF RECORDS FOR
OFFICE OF HUMAN RESOURCES OF
MISSISSIPPI STATE UNIVERSITY
Deposition on Written Questions - The Custodian of Records of the Office of
H uman Resources of Mississippi State University by Written Questions 20-CV-1975 – Page 5
VERIFICATION
STATE OF MISSISSIPPI §
§
COUNTY OF LAFAYETTE §
BEFORE ME, the undersigned notary public, on this day personally appeared
, the Custodian of Records of the Office of
Human Resources of Mississippi State University whose identity is known to me. After
I administered an oath, the custodian testified to the foregoing answers. I hereby certify
that these answers were sworn to and subscribed before me by
on the day of ________________ 2021.
Notary Public, State of Mississippi
County of Lafayette
My commission expires:
Deposition on Written Questions - The Custodian of Records of the Office of
H uman Resources of Mississippi State University by Written Questions 20-CV-1975 – Page 6
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Envelope ID: 57942229
Status as of 10/6/2021 3:21 PM CST
Associated Case Party: Blake Tartt
Name BarNumber Email TimestampSubmitted Status
William Wilson Johnston 10846700 billjohnstonlawoffice@gmail.com 10/6/2021 3:04:19 PM SENT
Calvin McLean 24091885 GoC.GarfieldLaw@gmail.com 10/6/2021 3:04:19 PM SENT
Preview
Filed: 10/6/2021 3:04 PM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 57942229 By: Lisa Kelly 10/6/2021 3:21 PM CAUSE NO. 20-CV-1975 BLAKE TARTT, III § IN THE DISTRICT COURT OF § VS. § GALVESTON COUNTY, TEXAS § JOHN DOE AND § JANE DOE § 56TH JUDICIAL DISTRICT PLAINTIFF’S NOTICE OF INTENT TO TAKE THE DEPOSITION BY WRITTEN QUESTIONS OF THE CUSTODIAN OF RECORDS OF THE OFFICE OF HUMAN RESOURCES OF MISSISSIPPI STATE UNIVERSITY To: John and Jane Doe, wherever they may be found, through Texas e-file service. The Custodian of Records of the Office of Human Resources of Mississippi State University, 1111 Jackson Avenue, Oxford, Lafayette County, Mississippi 38655 1. Please take notice that, under Texas Rule of Civil Procedure 200.1, Plaintiff Blake Tart III, will take the deposition on written questions of the Custodian of Records of the Office of Human Resources of Mississippi State University. on November 5, 2021 at 10:00 a.m., at 1111 Jackson Avenue, Oxford, Mississippi 38655. 2. The deposition will continue from day to day until completed. 3. A Notary Public for the State in which the custodian of records completes the deposition will take the deposition. 4. Under Rules 176.2(b) and 200.1(b), the Custodian of Records of Office of Human Resources of Mississippi State University has been subpoenaed to produce the following documents at the deposition: a. University of Mississippi issued phones used by Martray Thompson Murphy to copy stored data that mention "Tartt" or "Blake Tartt" or "Blake Tartt III" b. Complete, unredacted employment file of Martray Thompson Murphy, Martray K. Thompson Murphy, Martray K. Murphy, or Martray K. Thompson-Murphy SSN XXX-XX-1322. c. All emails sent to or received by Martray Thompson Murphy, Martray K. Thompson Murphy, Martray K. Murphy, or Martray K. Thompson-Murphy. d. All emails sent to or received by martraythompson38@gmail.com. e. Office and cell Phone logs for Martray Thompson Murphy f. All correspondence to or from phone number 662-371-5937. g. All documents, emails or other correspondence that mention phone number 662-371-5937. 5. The DEPOSITION ON WRITTEN QUESTIONS is attached as Exhibit A. Respectfully Submitted, Johnston & McLean, PLLC 7950 Legacy Drive, Suite 330 Plano, Texas 75024 (972) 436-1661 (972) 436-1615 – Facsimile William W. Digitally signed by William W. Johnston Johnston Date: 2021.10.06 14:50:56 By____________________________ -05'00' William W. Johnston State Bar No. 10846700 billjohnstonlawoffice@gmail.com Motion for Issuance of Letters Rogatory Re The Custodian of Records of the Office of H uman Resources of Mississippi State University 20-CV-1975 – Page 2 Attorney for Plaintiff Calvin G. Digitally signed by Calvin G. McLean McLean Date: 2021.10.06 14:51:20 By____________________________ -05'00' Calvin G. McLean State Bar No. 24091885 goc.garfieldlaw@gmail.com Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that the foregoing PLAINTIFF’S NOTICE OF INTENT TO TAKE THE DEPOSITION BY WRITTEN QUESTIONS OF THE CUSTODIAN OF RECORDS OF THE OFFICE OF HUMAN RESOURCES OF MISSISSIPPI STATE UNIVERSITY was served on Defendants via electronic filing service on this 7th day of October 2021. Calvin G. Digitally signed by Calvin G. McLean McLean Date: 2021.10.06 14:51:41 -05'00' ________________________________ Calvin G. McLean Notice of Intent to Depose The Custodian of Records of the Office of H uman Resources of Mississippi State University by Written Questions 20-CV-1975 – Page 3 EXHIBIT A CAUSE NO. 20-CV-1975 BLAKE TARTT, III § IN THE DISTRICT COURT OF § VS. § GALVESTON COUNTY, TEXAS § JOHN DOE AND § JANE DOE § 56TH JUDICIAL DISTRICT DEPOSITION ON WRITTEN QUESTIONS THE CUSTODIAN OF RECORDS OF THE OFFICE OF HUMAN RESOURCES OF MISSISSIPPI STATE UNIVERSITY A. INSTRUCTION Records may be provided as electronic media containing records in PDF, JPEG, or TIF format or “hard” copies. Video records may be provided in MP3 or MP4. B. DEFINITION Requested Records shall mean the items listed in section C of this document. C. RECORDS REQUESTED a. University of Mississippi issued phones used by Martray Thompson Murphy to copy stored data that mention "Tartt" or "Blake Tartt" or "Blake Tartt III" b. Complete, unredacted employment file of Martray Thompson Murphy, Martray K. Thompson Murphy, Martray K. Murphy, or Martray K. Thompson-Murphy SSN XXX-XX-1322. c. All emails sent to or received by Martray Thompson Murphy, Martray K. Thompson Murphy, Martray K. Murphy, or Martray K. Thompson-Murphy. d. All emails sent to or received by martraythompson38@gmail.com. e. Office and cell Phone logs for Martray Thompson Murphy f. All correspondence to or from phone number 662-371-5937. g. All documents, emails or other correspondence that mention phone number 662-371-5937. DEPOSITION ON WRITTEN QUESTIONS THE CUSTODIAN OF RECORDS OF THE OFFICE OF HUMAN RESOURCES OF MISSISSIPPI STATE UNIVERSITY 1. Please state your full name, occupation, official title, and business address. Answer: 2. Are you the custodian of records for the Office of the Human Resources of Mississippi State University (hereinafter “MSU”)? Answer: 3. In your capacity as custodian of records for MSU, are you familiar with whether MSU maintains records of their business activities? Answer: 4. Are the records of MSU kept under your care, supervision, custody, or control? Answer: Deposition on Written Questions - The Custodian of Records of the Office of H uman Resources of Mississippi State University by Written Questions 20-CV-1975 – Page 2 5. Was it in the regular course of business activity of MSU for employees with personal knowledge of the transactions identified in the records to make such records or to transmit such information to be included in the records? Answer: 6. Were the REQUESTED RECORDS made at or near the time of the transactions identified in the records or within a reasonable time thereafter? Answer: 7. Were the REQUESTED RECORDS made and kept in the regular course of daily business activities by MSU? Answer: 8. Were the REQUESTED RECORDS transmitted to your files, and did you maintain the records as part of your official duties as the custodian of records for MSU? Answer: 9. Please hand the originals or exact duplicates of the REQUESTED RECORDS to the notary public taking your deposition for photocopying and attachment to this deposition. Have you now given all of the REQUESTED RECORDS to the notary public taking your deposition? If not, identify for the notary public the records and documents you did not produce and explain why you did not produce them. Deposition on Written Questions - The Custodian of Records of the Office of H uman Resources of Mississippi State University by Written Questions 20-CV-1975 – Page 3 Answer: 10. In the event you are unable to find any of the records requested in the subpoena you received, how long does MSU maintain its files, and does MSU ever destroy its files? Answer: 11. Are you aware of any other companies or persons that may have possession of records pertaining to the subject matter of this lawsuit? If so, please state the name and address of such entity or person, if known. Answer: 12. Have you been requested or directed by any person to withhold or protect, for any reason, the records identified in Plaintiff’s subpoena? Has any person suggested that you should withhold or protect the records identified in Plaintiff’s subpoena? If so, please state the name and address of the person who conveyed this information to you and when such event occurred. Answer: 13. Do you know or have reason to believe that the records identified in Plaintiff’s subpoena have in any manner been edited, purged, culled, or otherwise altered? If so, please identify the records and explain why and how they were altered or removed. Answer: Deposition on Written Questions - The Custodian of Records of the Office of H uman Resources of Mississippi State University by Written Questions 20-CV-1975 – Page 4 14. If any document responsive to Plaintiff’s subpoena was, but is no longer in your possession, custody, or control, or no longer exists, state whether (1) it is missing or lost, (2) it was destroyed, (3) it was transferred to others, or (4) it was otherwise disposed of, and explain the circumstances surrounding its disposition, including the date of such disposition. Answer: CUSTODIAN OF RECORDS FOR OFFICE OF HUMAN RESOURCES OF MISSISSIPPI STATE UNIVERSITY Deposition on Written Questions - The Custodian of Records of the Office of H uman Resources of Mississippi State University by Written Questions 20-CV-1975 – Page 5 VERIFICATION STATE OF MISSISSIPPI § § COUNTY OF LAFAYETTE § BEFORE ME, the undersigned notary public, on this day personally appeared , the Custodian of Records of the Office of Human Resources of Mississippi State University whose identity is known to me. After I administered an oath, the custodian testified to the foregoing answers. I hereby certify that these answers were sworn to and subscribed before me by on the day of ________________ 2021. Notary Public, State of Mississippi County of Lafayette My commission expires: Deposition on Written Questions - The Custodian of Records of the Office of H uman Resources of Mississippi State University by Written Questions 20-CV-1975 – Page 6 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Envelope ID: 57942229 Status as of 10/6/2021 3:21 PM CST Associated Case Party: Blake Tartt Name BarNumber Email TimestampSubmitted Status William Wilson Johnston 10846700 billjohnstonlawoffice@gmail.com 10/6/2021 3:04:19 PM SENT Calvin McLean 24091885 GoC.GarfieldLaw@gmail.com 10/6/2021 3:04:19 PM SENT