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FILED
DALLAS COUNTY
12/20/2018 9:07 AM
FELICIA PITRE
DISTRICT CLERK
Daniel Macias
CAUSE NO. DC-1 7-1 0592
MARTY MURPHY } IN THE DISTRICT COURT OF
Plaintiff and Counterclaim- }
Defendant, }
Vs.
)
PAVECON HOLDING CO., INC., PAVECON LTD. CO.)
PAVECON PUBLIC WORKS LP, PAVECON PUBLIC )
WORKS GP LLC, LABCON, INC., DAVID WALKER } DALLAS COUNTY, TEXAS
Defendants and Counterclaim-
Plaintiffs,
Vs. v-u-v-y-v
STEPHANIE THOMPSON
Counterclaim-Defendant 192“]UDICIAL DISTRICT
AF VIT E E
On this day personally appeared Michael E. Wigginton who, being by me duly sworn, deposed and said:
"The following came to hand on December 6, 2018. 10:30 am,
DEPOSITION SUBPOENA DUCES TECUM. ATTACHED NOTICE AND EXHIBIT A WITH ATTACHED
$11.00 WITNESS
FEE,
and was executed at 204-1 Redbud Blvd., McKinney, Texas 75069 within the
county of Collin at 05:37 PM on
December 12, 2018, by delivering a true copy to the within named
Frederick W. Wolfes
in person, having first endorsed the date of delivery on same.
lam a person over eighteen (1 8) years of age and I am competent to make this affidavit. I am a resident of the
State of Texas. l am familiar with the Texas Rules of Procedure as they apply to service of Process. am not
Civil
I
a party to this suit nor related or affiliated with any herein and have no interest in the outcome of the suit. l
have never been convicted ofa felony or of a misdemeanor involving moral turpitude.
| have personal
knowledge of the facts stated herein and they are true and correct."
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Michael
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BEFORE ME, a Notary Public, on this day personally appeared Michael E. Wigginton, known to
me to be the person
whose name is subscribed to the foregoing document and, being
by me first duly sworn, declared that the statements
W
therein contained are within his or her personal knowledge and are
true and correct.
SUBSCRIBED AND
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CAUSE NO. DC-17-10592
MARTY MURPHY, p IN THE DISTRICT COURT
Plaintiff and Counterclaim-
Defendant, y
V.
PAVECON HOLDING CO., INC.,
PAVECON LTD. CO., p
PAVECON PUBLIC WORKS LP, 1
192nd JUDICIAL DISTRICT
PAVECON PUBLIC WORKS GP LLC, 1p
LABCON, INC., DAVID WALKER, I
l
Defendants and Counterclaim- p
Plaintiffs, 4
V. I
STEPHANIE THOMPSON,
Counterclaim-Defendant. DALLAS COUNTY, TEXAS
DEFENDANTS’ DEPOSITION SUBPOENA
DUCES TECUM TO FREDERICK W. WOLFES
THIS SUBPOENA IS ISSUED IN THE NAME OF THE STATE OF TEXAS
TO ANY SHERIFF OR ANY CONSTABLE OF THE STATE OF TEXAS, OR
ANY OTHER PERSON AUTHORIZED TO SERVE AND EXECUTE
SUBPOENAS AS PROVIDED BY RULE 176, TEXAS RULES OF CIVIL
PROCEDURE, GREETINGS:
THE STATE OF TEXAS TO:
Frederick W. Wolfes
306 W. White St.
Anna, Texas 75409
GREETINGS:
On behalf of the above Defendants and Counterclaim-Plaintiffs, in the above
referenced action pending in the District Court 0f Dallas
County, Texas, 192nd
Judicial District, You are commanded to produce
and permit inspection and
copying of the documents described in the attached Exhibit
A, at 10:00 a.m. on
Thursday December 20, 2018, at Canty Hanger LLP, 1999 Bryan
Street, Suite
3300, Dallas, Texas 75201. You are further commanded to
appear and testify at a
deposition to be taken beginning at 10:00 a.m. on Thursdav
December 20, 2018.
DEPOSITION SUBPOENA DUCES TECUM To FREDERICK W. WOLFES
PAGE 1
at the offices of Canty Hanger LLP, 1999 Bryan Street, Suite 3300, Dallas, Texas
75201.
RULE 176.8(a) OF THE TEXAS RULES OF CIVIL PROCEDURE:
(a) Contempt. Failure by any person without adequate excuse to
obey a
subpoena served upon that person may be deemed a contempt
of the
court from which the subpoena is issued or a district
court in the county
in which the subpoena is served, and
may be punished by fine or
confinement, or both.
The name, address, and telephone number of counsel of record for
Plaintiff
is The names, addresses, and telephone numbers of counsel of
set forth below.
record for Plaintiff are:
Charles H. Smith (chsmith@canteyhanger.com)
David Denny (ddenny@canteyhanger.com)
Stephanie L. Millett (smillett@canteyhanger.com)
Cantey Hanger LLP
1999 Bryan Street, Suite 3300
Dallas, Texas 75201
Date: December6 2018 Respectfully submitted,
/s/J. Robert Arnett II
J.Robert Arnett II
Texas Bar No. 01332900
barnett@carterarnett.com
Stacey Cho Hernandez
Texas Bar No. 24063953
shernandez@carterarnett.com
CARTER ARNETT PLLC
8150 N. Central Expressway
Suite 500
Dallas, Texas 75206
Telephone: (214) 550-8188
Facsimile: (214) 550-8185
ATTORNEYS FOR DEFENDANTS
AND COUNTERCLAIM—
PLAINTIFFS PAVECON
HOLDING CO., INC., PAVECON
LTD. CO., PAVECON PUBLIC
WORKS LP, PAVECON PUBLIC
WORKS GP LLC, LABCON, INC.,
AND DAVID WALKER
DEPOSITION SUBPOENA DUCEs TECUM To FREDERICK W. WOLFEs
PAGE 2
CERTIFICATE OF SERVICE
I hereby certify that, on December 6, 2018, I caused a true and correct copy of
the foregoing to be served as follows:
VIA COURT-APPROVED ELECTRONIC SERVICE
Charles H. Smith (chsmith@canteyhanger.com)
David Denny (ddenny@canteyhanger.com)
Stephanie L. Millett (smillett@canteyhanger.com)
Cantey Hanger LLP
1999 Bryan Street, Suite 3300
Dallas, Texas 75201
/s /J. Robert Arnett II
J. Robert Arnett II
DEPOSITION SUBPOENA DUCES TECUM T0 FREDERICK W. WOLFES
PAGE 3
EXHIBIT A
DEFINITIONS
1. The terms “you” and “your” means Frederick W. Wolfes.
2. The term “Murphy Property” means the parcel of real property that
is adjacent to Your Property, located at 9302 County Road 2426,
Terrell, Texas 75160,
and owned by Marty Murphy and Cheryl Murphy.
3. The term “documents” includes, without limitation, any written,
recorded, graphic or printed matter, in whatever form,
whether printed and/or
produced by hand or any other process and specifically includes
(1) all originals,
copies or drafts, and (2) originals, copies or drafts on which appear any marks,
notations, notes or writings placed thereon after the document was first created,
printed, typed or recorded, however produced or reproduced. The term “documents”
also specifically includes electronically stored information, including writings,
drawings, graphs, charts, photographs, sound recordings, images and
other data or
data compilations stored in any medium from which information can be obtained
after May 9, 2017.
4. The terms “communication” or “communicate” includes any
transfer or exchange between two or more persons of any information, whether by
written, electronic, computer or oral means, including, but not limited to, personal
conversations, meetings, telephone calls, text messages,
correspondence, e-mails,
Internet communications, instant messaging, social media
messages/posts/chats, blog
DOCUMENTS To BE PRODUCED
PAGE 1
posts telegrams, telexes, cables, memoranda, and any other understandings between
two or more people.
5. The terms “and” and “or” shall be construed either disjunctively or
conjunctively as necessary to bring within the scope of the
discovery request all
responses that might otherwise be construed t0 be outside its scope.
6. The singular includes the plural and vice versa. The past tense includes
the present tense where the clear meaning is not distorted by a change of tense.
DOCUMENTS TO BE PRODUCED
1. A11 communications including emails and text messages between you and
Marty Murphy relating to the Murphy Property.
2. A11 documents regarding the Murphy Property.
3. All communications including emails and text messages between you and
Marty Murphy relating to Pavecon.
4. All communications including emails and text messages between you and
Marty Murphy relating to this lawsuit.
DOCUMENTS To BE PRODUCED
PAGE 2
OFFICER’S RETURN
Came to hand
.
th1s L
56’
day of lzéccm b UL, 2018, and executed thls the
.
1L1!day of
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MNBUL , 2018, in the following manner: By delivering to the witness via hand
delivery a true copy hereof.
Returned this I_¢J‘day of Mahdi] ,2018.
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DOCUMENTS TO BE PRODUCED
PAGE 3
Preview
FILED DALLAS COUNTY 12/20/2018 9:07 AM FELICIA PITRE DISTRICT CLERK Daniel Macias CAUSE NO. DC-1 7-1 0592 MARTY MURPHY } IN THE DISTRICT COURT OF Plaintiff and Counterclaim- } Defendant, } Vs. ) PAVECON HOLDING CO., INC., PAVECON LTD. CO.) PAVECON PUBLIC WORKS LP, PAVECON PUBLIC ) WORKS GP LLC, LABCON, INC., DAVID WALKER } DALLAS COUNTY, TEXAS Defendants and Counterclaim- Plaintiffs, Vs. v-u-v-y-v STEPHANIE THOMPSON Counterclaim-Defendant 192“]UDICIAL DISTRICT AF VIT E E On this day personally appeared Michael E. Wigginton who, being by me duly sworn, deposed and said: "The following came to hand on December 6, 2018. 10:30 am, DEPOSITION SUBPOENA DUCES TECUM. ATTACHED NOTICE AND EXHIBIT A WITH ATTACHED $11.00 WITNESS FEE, and was executed at 204-1 Redbud Blvd., McKinney, Texas 75069 within the county of Collin at 05:37 PM on December 12, 2018, by delivering a true copy to the within named Frederick W. Wolfes in person, having first endorsed the date of delivery on same. lam a person over eighteen (1 8) years of age and I am competent to make this affidavit. I am a resident of the State of Texas. l am familiar with the Texas Rules of Procedure as they apply to service of Process. am not Civil I a party to this suit nor related or affiliated with any herein and have no interest in the outcome of the suit. l have never been convicted ofa felony or of a misdemeanor involving moral turpitude. | have personal knowledge of the facts stated herein and they are true and correct." /%/ / I Michael PSC-3613 '9 .Wigginlon 'I - Expires 6/30/2020 BEFORE ME, a Notary Public, on this day personally appeared Michael E. Wigginton, known to me to be the person whose name is subscribed to the foregoing document and, being by me first duly sworn, declared that the statements W therein contained are within his or her personal knowledge and are true and correct. SUBSCRIBED AND un ml “293’. No" 3335‘ 3' \uIIm/ fi 5%,,”’ ‘~-..-'+¢ SWORN T0 ME 0N 12/14/2018 MELAN|E A LOCKET Notary Pub‘iC. S‘a‘e 35’s Comm. Expires 0f Texas 06-30-2022 M\ 09W , K Notary Public. Sbte of Texas k ~ »"“ ’ ‘\ Notary lD 2432629 57:52:33 .1. n CAUSE NO. DC-17-10592 MARTY MURPHY, p IN THE DISTRICT COURT Plaintiff and Counterclaim- Defendant, y V. PAVECON HOLDING CO., INC., PAVECON LTD. CO., p PAVECON PUBLIC WORKS LP, 1 192nd JUDICIAL DISTRICT PAVECON PUBLIC WORKS GP LLC, 1p LABCON, INC., DAVID WALKER, I l Defendants and Counterclaim- p Plaintiffs, 4 V. I STEPHANIE THOMPSON, Counterclaim-Defendant. DALLAS COUNTY, TEXAS DEFENDANTS’ DEPOSITION SUBPOENA DUCES TECUM TO FREDERICK W. WOLFES THIS SUBPOENA IS ISSUED IN THE NAME OF THE STATE OF TEXAS TO ANY SHERIFF OR ANY CONSTABLE OF THE STATE OF TEXAS, OR ANY OTHER PERSON AUTHORIZED TO SERVE AND EXECUTE SUBPOENAS AS PROVIDED BY RULE 176, TEXAS RULES OF CIVIL PROCEDURE, GREETINGS: THE STATE OF TEXAS TO: Frederick W. Wolfes 306 W. White St. Anna, Texas 75409 GREETINGS: On behalf of the above Defendants and Counterclaim-Plaintiffs, in the above referenced action pending in the District Court 0f Dallas County, Texas, 192nd Judicial District, You are commanded to produce and permit inspection and copying of the documents described in the attached Exhibit A, at 10:00 a.m. on Thursday December 20, 2018, at Canty Hanger LLP, 1999 Bryan Street, Suite 3300, Dallas, Texas 75201. You are further commanded to appear and testify at a deposition to be taken beginning at 10:00 a.m. on Thursdav December 20, 2018. DEPOSITION SUBPOENA DUCES TECUM To FREDERICK W. WOLFES PAGE 1 at the offices of Canty Hanger LLP, 1999 Bryan Street, Suite 3300, Dallas, Texas 75201. RULE 176.8(a) OF THE TEXAS RULES OF CIVIL PROCEDURE: (a) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena is issued or a district court in the county in which the subpoena is served, and may be punished by fine or confinement, or both. The name, address, and telephone number of counsel of record for Plaintiff is The names, addresses, and telephone numbers of counsel of set forth below. record for Plaintiff are: Charles H. Smith (chsmith@canteyhanger.com) David Denny (ddenny@canteyhanger.com) Stephanie L. Millett (smillett@canteyhanger.com) Cantey Hanger LLP 1999 Bryan Street, Suite 3300 Dallas, Texas 75201 Date: December6 2018 Respectfully submitted, /s/J. Robert Arnett II J.Robert Arnett II Texas Bar No. 01332900 barnett@carterarnett.com Stacey Cho Hernandez Texas Bar No. 24063953 shernandez@carterarnett.com CARTER ARNETT PLLC 8150 N. Central Expressway Suite 500 Dallas, Texas 75206 Telephone: (214) 550-8188 Facsimile: (214) 550-8185 ATTORNEYS FOR DEFENDANTS AND COUNTERCLAIM— PLAINTIFFS PAVECON HOLDING CO., INC., PAVECON LTD. CO., PAVECON PUBLIC WORKS LP, PAVECON PUBLIC WORKS GP LLC, LABCON, INC., AND DAVID WALKER DEPOSITION SUBPOENA DUCEs TECUM To FREDERICK W. WOLFEs PAGE 2 CERTIFICATE OF SERVICE I hereby certify that, on December 6, 2018, I caused a true and correct copy of the foregoing to be served as follows: VIA COURT-APPROVED ELECTRONIC SERVICE Charles H. Smith (chsmith@canteyhanger.com) David Denny (ddenny@canteyhanger.com) Stephanie L. Millett (smillett@canteyhanger.com) Cantey Hanger LLP 1999 Bryan Street, Suite 3300 Dallas, Texas 75201 /s /J. Robert Arnett II J. Robert Arnett II DEPOSITION SUBPOENA DUCES TECUM T0 FREDERICK W. WOLFES PAGE 3 EXHIBIT A DEFINITIONS 1. The terms “you” and “your” means Frederick W. Wolfes. 2. The term “Murphy Property” means the parcel of real property that is adjacent to Your Property, located at 9302 County Road 2426, Terrell, Texas 75160, and owned by Marty Murphy and Cheryl Murphy. 3. The term “documents” includes, without limitation, any written, recorded, graphic or printed matter, in whatever form, whether printed and/or produced by hand or any other process and specifically includes (1) all originals, copies or drafts, and (2) originals, copies or drafts on which appear any marks, notations, notes or writings placed thereon after the document was first created, printed, typed or recorded, however produced or reproduced. The term “documents” also specifically includes electronically stored information, including writings, drawings, graphs, charts, photographs, sound recordings, images and other data or data compilations stored in any medium from which information can be obtained after May 9, 2017. 4. The terms “communication” or “communicate” includes any transfer or exchange between two or more persons of any information, whether by written, electronic, computer or oral means, including, but not limited to, personal conversations, meetings, telephone calls, text messages, correspondence, e-mails, Internet communications, instant messaging, social media messages/posts/chats, blog DOCUMENTS To BE PRODUCED PAGE 1 posts telegrams, telexes, cables, memoranda, and any other understandings between two or more people. 5. The terms “and” and “or” shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the discovery request all responses that might otherwise be construed t0 be outside its scope. 6. The singular includes the plural and vice versa. The past tense includes the present tense where the clear meaning is not distorted by a change of tense. DOCUMENTS TO BE PRODUCED 1. A11 communications including emails and text messages between you and Marty Murphy relating to the Murphy Property. 2. A11 documents regarding the Murphy Property. 3. All communications including emails and text messages between you and Marty Murphy relating to Pavecon. 4. All communications including emails and text messages between you and Marty Murphy relating to this lawsuit. DOCUMENTS To BE PRODUCED PAGE 2 OFFICER’S RETURN Came to hand . th1s L 56’ day of lzéccm b UL, 2018, and executed thls the . 1L1!day of I MNBUL , 2018, in the following manner: By delivering to the witness via hand delivery a true copy hereof. Returned this I_¢J‘day of Mahdi] ,2018. %// //' Process Sereer L MM Printed E Name ?SC 35.5 wtmlm“ E14? MQOIZOZD DOCUMENTS TO BE PRODUCED PAGE 3