Preview
Filed: 12/29/2021 6:55 PM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 60384327
By: Shailja Dixit
12/30/2021 8:16 AM
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
MOTION FOR ISSUANCE OF LETTERS ROGATORY
FOR THE UNIVERSITY OF MISSISSIPPI
REGARDING MARTRAY THOMPSON MURPHY
TO THE HONORABLE COURT:
Plaintiff Blake Tartt, III requests the issuance of letters rogatory and a subpoena
duces tecum, directed to The University of Mississippi (“Ole Miss”), in The Circuit Court
of Mississippi, County of Lafayette, requesting the production of certain business
records, and in support of this motion shows:
1. This is an action for defamation.
2. If there are costs associated with the production of the requested
information, Plaintiff will pay the cost of production prior to delivery by Ole Miss.
3. The witness is a resident of the State of Mississippi and is a custodian of
the records of Ole Miss. There may be more than one witness serving as a custodian
of records, depending on the characterization of the records. Telephone(s) and/or
email addresses assigned to Ole Miss personnel are alleged to have been used to
disseminate false information regarding Plaintiff, to Plaintiff's detriment.
4. Plaintiff has good cause to believe that the witnesses have knowledge of
and are competent to testify on these matters:
5. Requested documents that relate, refer or pertain to Martray Thompson-
Murphy, to be produced:
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.
A deposition by written questions is attached for use by the Witness.
6. WHEREFORE, Plaintiff Blake Tart, III requests that the Court order the
Clerk of the Court to issue The Custodian of Records of Ole Miss a letter rogatory.
Motion for Issuance of Letters Rogatory
The University of Mississippi
Re Martray Thompson Murphy 20-CV-1975 – Page 2
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: 2021.12.29
By______________________________
18:44:14 -06'00'
William W. Johnston
State Bar No. 10846700
billjohnstonlawoffice@gmail.com
Attorney for Plaintiff
Calvin G. Digitally signed by
Calvin G. McLean
McLean Date: 2021.12.29
By_______________________________
18:44:40 -06'00'
Calvin G. McLean
State Bar No. 24091885
goc.garfieldlaw@gmail.com
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I hereby certify that the foregoing
MOTION FOR ISSUANCE OF LETTERS ROGATORY
FOR THE UNIVERSITY OF MISSISSIPPI
REGARDING MARTRAY THOMPSON MURPHY
was served on Defendants via electronic filing service on this 29th day of December
2021.
Calvin G. McLean Digitally signed by Calvin G. McLean
Date: 2021.12.29 18:45:02 -06'00'
_________________________________
Calvin G. McLean
Motion for Issuance of Letters Rogatory
The University of Mississippi
Re Martray Thompson Murphy 20-CV-1975 – Page 3
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 UNIVERSITY OF MISSISSIPPI
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
Documents that relate, refer or pertain to Martray Thompson Murphy (referred
to in the Deposition by Written Questions as the REQUESTED RECORDS):
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 University of Mississippi
Re Martray Thompson Murphy 20-CV-1975 – Page 2
DEPOSITION ON WRITTEN QUESTIONS
THE UNIVERSITY OF MISSISSIPPI
REGARDING MARTRAY THOMPSON MURPHY
1. Please state your full name, occupation, official title, and business address.
ANSWER:
__________________________________________________________________
2. Are you the custodian of records for The University of Mississippi
(hereinafter "Ole Miss") who has been designated to appear for this deposition and
produce documents responsive to a subpoena regarding same?
ANSWER:
__________________________________________________________________
3. In your capacity as custodian of records for Ole Miss, are you familiar with
whether Ole Miss maintains records of their business activities?
ANSWER:
__________________________________________________________________
4. Are the records of Ole Miss kept under your care, supervision, custody,
or control?
ANSWER:
__________________________________________________________________
5. Are any of the REQUESTED RECORDS not under your care,
supervision, custody, or control? If so, please identify those REQUESTED
RECORDS by the letter designation of the request.
Deposition on Written Questions
The University of Mississippi
Re Martray Thompson Murphy 20-CV-1975 – Page 3
ANSWER:
__________________________________________________________________
6. Was it in the regular course of business activity of Ole Miss 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:
__________________________________________________________________
7. Were the REQUESTED RECORDS made at or near the time of the
transactions identified in the records or within a reasonable time thereafter?
ANSWER:
__________________________________________________________________
8. Were the REQUESTED RECORDS made and kept in the regular course
of daily business activities by Ole Miss?
ANSWER:
__________________________________________________________________
9. 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
Ole Miss?
ANSWER:
__________________________________________________________________
10. Please hand the originals or exact duplicates of the REQUESTED
RECORDS to the notary public taking your deposition for photocopying and
Deposition on Written Questions
The University of Mississippi
Re Martray Thompson Murphy 20-CV-1975 – Page 4
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.
ANSWER:
__________________________________________________________________
11. In the event you are unable to find any of the records requested in the
subpoena you received, how long does Ole Miss maintain its files, and does Ole Miss
ever destroy its files?
ANSWER:
__________________________________________________________________
12. 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:
__________________________________________________________________
13. 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:
__________________________________________________________________
Deposition on Written Questions
The University of Mississippi
Re Martray Thompson Murphy 20-CV-1975 – Page 5
14. 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:
__________________________________________________________________
15. 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:
__________________________________________________________________
16. 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
UNIVERSITY OF MISSISSIPPI
Deposition on Written Questions
The University of Mississippi
Re Martray Thompson Murphy 20-CV-1975 – Page 6
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 University of Mississippi 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 ________________ 2022.
Notary Public, State of Mississippi
County of Lafayette
My commission expires:
Deposition on Written Questions
The University of Mississippi
Re Martray Thompson Murphy 20-CV-1975 – Page 7
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: 60384327
Status as of 12/30/2021 8:16 AM CST
Associated Case Party: Blake Tartt
Name BarNumber Email TimestampSubmitted Status
William Wilson Johnston 10846700 billjohnstonlawoffice@gmail.com 12/29/2021 6:55:25 PM SENT
Calvin McLean 24091885 GoC.GarfieldLaw@gmail.com 12/29/2021 6:55:25 PM SENT
Preview
Filed: 12/29/2021 6:55 PM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 60384327 By: Shailja Dixit 12/30/2021 8:16 AM 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 MOTION FOR ISSUANCE OF LETTERS ROGATORY FOR THE UNIVERSITY OF MISSISSIPPI REGARDING MARTRAY THOMPSON MURPHY TO THE HONORABLE COURT: Plaintiff Blake Tartt, III requests the issuance of letters rogatory and a subpoena duces tecum, directed to The University of Mississippi (“Ole Miss”), in The Circuit Court of Mississippi, County of Lafayette, requesting the production of certain business records, and in support of this motion shows: 1. This is an action for defamation. 2. If there are costs associated with the production of the requested information, Plaintiff will pay the cost of production prior to delivery by Ole Miss. 3. The witness is a resident of the State of Mississippi and is a custodian of the records of Ole Miss. There may be more than one witness serving as a custodian of records, depending on the characterization of the records. Telephone(s) and/or email addresses assigned to Ole Miss personnel are alleged to have been used to disseminate false information regarding Plaintiff, to Plaintiff's detriment. 4. Plaintiff has good cause to believe that the witnesses have knowledge of and are competent to testify on these matters: 5. Requested documents that relate, refer or pertain to Martray Thompson- Murphy, to be produced: 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. A deposition by written questions is attached for use by the Witness. 6. WHEREFORE, Plaintiff Blake Tart, III requests that the Court order the Clerk of the Court to issue The Custodian of Records of Ole Miss a letter rogatory. Motion for Issuance of Letters Rogatory The University of Mississippi Re Martray Thompson Murphy 20-CV-1975 – Page 2 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: 2021.12.29 By______________________________ 18:44:14 -06'00' William W. Johnston State Bar No. 10846700 billjohnstonlawoffice@gmail.com Attorney for Plaintiff Calvin G. Digitally signed by Calvin G. McLean McLean Date: 2021.12.29 By_______________________________ 18:44:40 -06'00' Calvin G. McLean State Bar No. 24091885 goc.garfieldlaw@gmail.com Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that the foregoing MOTION FOR ISSUANCE OF LETTERS ROGATORY FOR THE UNIVERSITY OF MISSISSIPPI REGARDING MARTRAY THOMPSON MURPHY was served on Defendants via electronic filing service on this 29th day of December 2021. Calvin G. McLean Digitally signed by Calvin G. McLean Date: 2021.12.29 18:45:02 -06'00' _________________________________ Calvin G. McLean Motion for Issuance of Letters Rogatory The University of Mississippi Re Martray Thompson Murphy 20-CV-1975 – Page 3 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 UNIVERSITY OF MISSISSIPPI 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 Documents that relate, refer or pertain to Martray Thompson Murphy (referred to in the Deposition by Written Questions as the REQUESTED RECORDS): 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 University of Mississippi Re Martray Thompson Murphy 20-CV-1975 – Page 2 DEPOSITION ON WRITTEN QUESTIONS THE UNIVERSITY OF MISSISSIPPI REGARDING MARTRAY THOMPSON MURPHY 1. Please state your full name, occupation, official title, and business address. ANSWER: __________________________________________________________________ 2. Are you the custodian of records for The University of Mississippi (hereinafter "Ole Miss") who has been designated to appear for this deposition and produce documents responsive to a subpoena regarding same? ANSWER: __________________________________________________________________ 3. In your capacity as custodian of records for Ole Miss, are you familiar with whether Ole Miss maintains records of their business activities? ANSWER: __________________________________________________________________ 4. Are the records of Ole Miss kept under your care, supervision, custody, or control? ANSWER: __________________________________________________________________ 5. Are any of the REQUESTED RECORDS not under your care, supervision, custody, or control? If so, please identify those REQUESTED RECORDS by the letter designation of the request. Deposition on Written Questions The University of Mississippi Re Martray Thompson Murphy 20-CV-1975 – Page 3 ANSWER: __________________________________________________________________ 6. Was it in the regular course of business activity of Ole Miss 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: __________________________________________________________________ 7. Were the REQUESTED RECORDS made at or near the time of the transactions identified in the records or within a reasonable time thereafter? ANSWER: __________________________________________________________________ 8. Were the REQUESTED RECORDS made and kept in the regular course of daily business activities by Ole Miss? ANSWER: __________________________________________________________________ 9. 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 Ole Miss? ANSWER: __________________________________________________________________ 10. Please hand the originals or exact duplicates of the REQUESTED RECORDS to the notary public taking your deposition for photocopying and Deposition on Written Questions The University of Mississippi Re Martray Thompson Murphy 20-CV-1975 – Page 4 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. ANSWER: __________________________________________________________________ 11. In the event you are unable to find any of the records requested in the subpoena you received, how long does Ole Miss maintain its files, and does Ole Miss ever destroy its files? ANSWER: __________________________________________________________________ 12. 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: __________________________________________________________________ 13. 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: __________________________________________________________________ Deposition on Written Questions The University of Mississippi Re Martray Thompson Murphy 20-CV-1975 – Page 5 14. 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: __________________________________________________________________ 15. 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: __________________________________________________________________ 16. 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 UNIVERSITY OF MISSISSIPPI Deposition on Written Questions The University of Mississippi Re Martray Thompson Murphy 20-CV-1975 – Page 6 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 University of Mississippi 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 ________________ 2022. Notary Public, State of Mississippi County of Lafayette My commission expires: Deposition on Written Questions The University of Mississippi Re Martray Thompson Murphy 20-CV-1975 – Page 7 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: 60384327 Status as of 12/30/2021 8:16 AM CST Associated Case Party: Blake Tartt Name BarNumber Email TimestampSubmitted Status William Wilson Johnston 10846700 billjohnstonlawoffice@gmail.com 12/29/2021 6:55:25 PM SENT Calvin McLean 24091885 GoC.GarfieldLaw@gmail.com 12/29/2021 6:55:25 PM SENT