Preview
FILED
DALLAS COUNTY
10/31/2019 5:02 PM
FELICIA PITRE
DISTRICT CLERK
Treva Parker—Ayodele
CAUSE NO. DC18-14520
SHAWN MITCHELL, § IN THE
Plaintiff, §
§ 298TH DISTRICT COURT
V. §
§ DALLAS COUNTY, TEXAS
DA GREEDY ONE ENT, LLC dba §
GREEDY’S SPORTS GRILL §
and JEFFREY COTTON §
Defendants. §
MOTION TO QUASH SECOND NOTICE OF DEPOSITION
COMES NOW Defendant GREEDY’S SPORTS GRILL filing this Motion t0 Quash
Second Notice 0f Deposition of Corporate Representative of Greedy’s Sports Grill and would
respectfully show the Court as follows:
1. Attached is a copy 0f the Notice ofDeposition subject 0f this motion.
2. The deposition was scheduled t0 be taken 0n Friday November 8, 2019 at 1 :00pm.
3. This deposition is scheduled Without agreement as t0 date, and contrary t0 the plans
as agreed by the parties, which is unreasonable. See, Hycarbex, Inc. v. Anglo-Suisse, Inc., 927
S .W.2d 103, 111 (TeX. App.—H0ust0n [14th Dist] 1996, n0 writ). The parties had discussed doing
both depositions in one day. Plaintiff’s counsel has insisted that his deposition of Defendant g0
first. Yet, this deposition sets Defendant’s deposition at 1:00 in the afternoon. Two depositions on
the same day would be impossible if the first starts at 1:00pm.
4. OBJECTION — The deposition seeks documents. Such request is governed by Rules
193 and 196. Thus, the applicable time t0 respond and produce documents is 30 days. See, TRCP
199.2 Which govern rules for Noticing Depositions. Defendant hereby reserves the right t0 object
t0 the specific requests for documents Within the time frame permitted under TRCP 193 and 196.
5. OBJECTION — The deposition is cumulative, as Plaintiff has already taken the
deposition 0f a corporate representative 0n the same issues as requested. Defendant Will not answer
PAGE 1
to any issues already deposed upon, but Will rather rely 0n the answers already provided, unless
new information has been obtained on such issues.
Argument and Authorities
This motion is timely filed as it is filed prior to the deposition and within five days of
receipt 0f the notice. By the filing of this motion, the deposition is stayed until a hearing 0n the
motion. The burden to get a ruling on the Motion to Quash is on the party issuing the notice and
shall be evidentiary, requiring proof substantiating the need for the evidence sought and the
urgency of the expedited setting. See, United States v. Nixon, 418 U.S. 683 (I974).
WHEREFORE PREMISES CONSIDERED, this Court should quash the Deposition
Notice, or in the alternative, should issue a protective order preventing the introduction of
deposition statements.
Respectfully submitted,
/s/ David A. Small
LAW OFFICE OF DAVID A. SMALL
Texas State Bar Number 00784987
501 Elm Street, Suite 385
Dallas, Texas 75202
PHONE (214) 965-9400
FACSIMILE (214) 752-7798
EMAIL: DSMALL9400@EARTHLINK.NET
ATTORNEY FOR DEFENDANTS
JEFFREY COTTON AND GREEDYS SPORTS GRILL
CERTIFICATE OF SERVICE
David A. Small 0n this 3lst day 0f OCTOBER 2019 do hereby certify that a true and
I,
correct copy of this document will be served on counsel for Petitioner Via facsimile, electronic
transmission, or otherwise pursuant to TRCP 21(a).
CLAY LEWIS JENKINS
STEPHEN L. DANIEL
5 16 West Main Waxahachie, Texas 75 165
Street
Fax: 972-938-7676
Email: Stephen@clayienkins.com
/s/ David A. Small
PAGE 2
CERTIFICATE OF CONFERENCE
I, David A. Small do hereby certify that 0n this 3lst day 0f October 2019, I have called
Attorney Stephen Daniels to discuss the content 0f this Motion. I was placed 0n hold. Atty
Daniels was unavailable, so n0 agreement was reached.
/s/ David A. Small
PAGE 3
EXHIBIT A
CAUSE NO. DC-l8—14520
SHAWN MITCHELL, § IN THE DISTRICT COURT OF
§
Plaintiff, §
§
VS. § DALLAS COUNTY, TEXAS
§
DA GREEDY ONE ENT, LLC D/B/A §
GREEDY’S SPORTS GRILL and §
JEFFREY COTTON §
§
Defendant. §
298TH JUDICIAL DISTRICT
PLAINTIFF’S SECOND NOTICE OF INTENTION TO TAKE ORAL AND/OR
VIDEOTAPED DEPOSITION OF THE CORPORATE REPRESENTATIVE OF
DEFENDANT DA GREEDY ONE ENT, LLC D/B/A GREEDY’S SPORTS GRILL
TO: Defendant, DA GREEDY ONE ENT, LLC D/B/A GREEDY’S SPORTS GRILL, by and
through its attorneys of record, namely: David Small, 501 Elm Street, Suite 385, Dallas,
Texas 75202.
L
WITNESS DATE TIME AND LOCATION
Please take notice that Plaintiff intends to take the deposition of the Corporate
Representative 0f DA GREEDY ONE ENT, LLC D/B/A GREEDY’S SPORTS GRILL pursuant t0
the Texas Rules of Civil Procedure at the Law Office of David A. Small, 501 Elm Street, Suite 385,
Dallas, Texas 75202, on Friday, November 8, 2019, at 1:00 pm. and continuing until the
deposition has been completed.
E
COURT REPORTER
The deposition will be stenographically recorded by a court reporter affiliated with,
recommended by and/or associated with Kim Carroll.
SECOND NOTICE OF INTENTION TO TAIm ORAL AND/OR VIDEOTAPED DEPOSITION 0F THE
PLAINTIFF’S
CORPORATE REPRESENTATIVE 0F DEFENDANT GREEDY’S
Page 1
E
NON-STENORGRAPHIC RECORDING
Pursuant to the Tex. R. CiV. P., I am hereby giving notice that the aforementioned deposition
may further be taken by non—stenographic means, to-Wit: Videotape recording. The on'ginal of the
Videotapes Will remain in the above operator's possession, subject t0 the inspection of any parties, at
the above address upon reasonable notice. In the event that any party wishes a copy 0f the
Videotape(s), please make your arrangements With the Videographer for copying at the Defendants”
expense.
IV.
DESIGNATION OF CORPORATE REPRESENTATIVE
Plaintiff intends t0 take the oral deposition of Defendant DA GREEDY ONE ENT, LLC
D/B/A GREEDY’S SPORTS GRILL pursuant to Tex. R. CiV. P. 199.2(b)(1), through one or more
corporate representatives testifying 0n behalf 0f the Witness on the following subj ects:
(1) The relationship between Greedy’s Sports Grill and its agents, representatives, employees,
contractors and any other individuals or entities regarding operation and management of the
Greedy’s Sports Grill restaurant Where this incident occurred;
(2) The policies and procedures 0f Greedy’s Sports Grill regarding the supervision and training
0f its employees. contractors and/or representatives;
(3) Videotapes, photographs, digital files, and/or other media Which contain any Visual
depiction 0f this incident and/or the parking lot at issue;
(4) The policies and procedures of Greedy’s Sports Grill (if any) regarding the making 0f audio
and/or Video recordings;
(5) The names, addresses, and telephone numbers 0f all individuals Who worked for Greedy’s
Sports Grill in any capacity on September 25, 2016;
SECOND NOTICE OF INTENTION TO TAKE ORAL AND/OR VIDEOTAPED DEPOSITION OF THE
PLAINTIFF’S
CORPORATE REPRESENTATIVE OF DEFENDANT GREEDY’S
Page 2
(6) The names, addresses, and telephone numbers of all individuals and entities (other than
Greedy’s Sports Grill) whom the deponent believes would be at least partially liable and/or at fault
for the alleged injuries and damages at issue;
(7) The alcoholic beverages provided and/or sold by Greedy’s Sports Grill 0n September 25,
2016 t0 any persons involved in this incident;
(8) The identity 0f the beverage sold, the time the beverage was served, the quantity of the
beverage and the dollar amount 0f the purchases;
(9) Any training course, including any course approved by the Texas Alcoholic Beverage
Commission, for any individuals who served alcohol 0n behalf of Greedy’s Sports Grill prior t0 this
incident;
(10) Any drink specials Which were in effect on the day made the basis 0f this incident, including
any formal or informal solicitation or advertisement t0 purchase alcoholic beverages;
(1 1) Any investigation of the incident made the basis 0f this suit;
(12) Any discussions involving employees of Greedy’s Sports Grill which concerned this
incident on September 25, 2016;
(13) The identity of all witnesses t0 the purchase and/or consumption of alcohol at Greedy’s
Sports Grill on September 25, 2016 by anyone involved in this incident;
(14) In the last 5 years, any and all complaints, comments, accidents, incidents at Greedy’s
Sports Grill. This includes the following:
A. The date of any such complaints, comments, accidents, incidents 0r reports;
B. The identity 0f the person(s) involved;
C. A detailed description of the complaint, comments, accident, incident or report;
D. If a claim or lawsuit resulted, identify the attorneys involved, and the court in Which any
if any,
lawsuit was filed With the case number and/or civil action number and style of the case; and
E. Identify all documents pertaining t0 each complaint, comment, accident, incident or report.
(15) The contention of Greedy’s Sports Grill that some other person 0r legal entity is, in whole or
in part, liable t0 the Plaintiff for his damages in this matter, and the basis of said liability;
SECOND NOTICE OF INTENTION TO TAKE ORAL AND/OR VIDEOTAPED DEPOSITION OF THE
PLAINTIFF’S
CORPORATE REPRESENTATIVE OF DEFENDANT GREEDY’S
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(16) A11 procedures and/or actions of any nature, formal or informal, including observation or
questioning 0f Plaintiff 0r others, taken by Greedy’s Sports Grill 0r anyone acting 0n its behalf;
(17) With regard to any security, surveillance, 0r recording measures at Greedy’s Sports Grill 0r
the Greedy’s Sports Grill parking lot:
A. Any security personnel, such as guards or workers, Which are utilized at Greedy’s Sports Grill or
the Greedy’s Sports Grill parking lot, in general and 0n the night in question.
B. Any surveillance 0r recording equipment, such as surveillance cameras (including the number 0f
surveillance cameras on the Greedy’s Sports Grill premises), Which are utilized at Greedy’s Sports
Grill 0r the Greedy’s Sports Grill parking lot, in general and 0n the night in question.
C. The identification 0f each surveillance camera and the area that is Within the Viewing area of said
camera.
D. Any persons or entities hired to perform any form of security, monitoring, surveillance, 0r
recording 0f any kind.
(18) For the period of time from January 1, 2012 forward, the name(s), present address(es), and
job classification and duties of each person employed by 0r 0n behalf 0f Greedy’s Sports Grill who
had the responsibility for being in charge 0f the safety program and/or program t0 ensure
compliance With TABC regulations relating to the sale and/or service of alcohol;
(19) The 0f any and all persons, firms, 0r entities with an ownership interest in the
identity
premises (including the land and building on Which Greedy’s Sports Grill was located) as of the
date in question;
(20) A11 persons employed (not just working) on the date of this incident, and their dates of
employment and position;
(21) A11 persons working 0n September 25, 2016, and their dates of employment and their
position at Greedy’s Sports Grill;
(22) Any individuals who had taken a training class or program approved by the Texas
Alcoholic Beverage Commission regarding the serving 0f alcoholic beverages on or before
September 25, 2016, When that class was last taken, and who required said person t0 take the class;
(23) any and all persons Who were present at Greedy’s Sports Grill at any time from
Identify
12:00 p.m. 0n September 25, 2016 until the Closing 0f Greedy’s Sports Grill. [This includes all
customers, spectators, agents, servants and/or employees of Greedy’s Sports Grill, contract
employees, dancers, and any other person present during the time period referenced];
SECOND NOTICE OF INTENTION TO TAKE ORAL AND/OR VIDEOTAPED DEPOSITION OF THE
PLAINTIFF’S
CORPORATE REPRESENTATIVE OF DEFENDANT GREEDY’S
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(24) Any adverse action, including but not limited to firing or repn'manding, of any employee of
Greedy’s Sports Grill, any independent contractor working at Greedy’s Sports Grill, 0r any agent of
Greedy’s Sports Grill as a result 0f this incident;
(25) Any matter relating t0 the incident in question; and
(26) Any claim and/or defense asserted or can be asserted by Defendant in this matter;
E
DUCES TECUM
At the time 0f the deposition, the witness is commanded to bring and produce the documents
and things listed in Exhibit “A”, attached hereto, as incorporated herewith as if fully set forth in
length.
Respectfully submitted,
JENKINS & JENKINS, P.C.
$2.5m
CLAY LEWIS JENKINS
SBN: 10617450
STEPHEN L. DANIEL
SBN: 24036436
516 West Main Street
Waxahachie, TX. 75165
Ph: 972-938-1234
Fax: 972-938-7676
Email: stephen@clayienkins.com
ATTORNEYS FOR PLAINTIFF
SECOND NOTICE OF INTENTION TO TAIQ ORAL AND/OR VIDEOTAPED DEPOSITION OF THE
PLAINTIFF’S
CORPORATE REPRESENTATIVE 0F DEFENDANT GREEDY’S
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing document has been
forwarded to the attorneys of record for all parties in compliance With Rule 21a, Tex.R.CiV.P. on
this the 3 lst day of October, 20 1 9.
S5519
CLAY LEWIS JENKINS
STEPHEN L. DANIEL
SECOND NOTICE OF INTENTION TO TAKE ORAL AND/OR VIDEOTAPED DEPOSITION OF THE
PLAINTIFF’S
CORPORATE REPRESENTATIVE OF DEFENDANT GREEDY’S
Page 6
EXHIBIT “A” — DUCES TECUM
(1) Any documents related t0 any ownership interest in the premises (including the land and
building 0n Which Greedy’s Sports Grill was located) as of the date in question;
(2) Any deeds, leases, management agreements, operation agreements 0r contracts in effect
at the time 0f this incident concerning the Greedy’s Sports Grill in question;
(3) Documents reflecting persons employed by Greedy’s Sports Grill on September 25,
2016;
(4) A11 payroll records reflecting the time period on September 25, 2016 for each person
employed by Greedy’s Sports Grill;
(5) The employment files for all persons employed by Greedy’s Sports Grill 0n September
25, 2016 (this request does not seek privileged information);
(6) A certificate of completion of a training class or program approved by the Texas
Alcoholic Beverage Commission regarding the serving 0f alcoholic beverages for each person
employed by Greedy’s Sports Grill 0n September 25, 2016;
(7) Any documents reflecting Greedy’s Sports Grill’ requirements for employees t0 attend
any training programs approved by the Texas Alcoholic Beverage Commission regarding the
sale and service of alcoholic beverages;
(8) Any receipts, logs, 0r other documents that reflect any purchase made by anyone
involved in this incident 0n September 25, 2016;
(9) Any document any of the policies at Greedy’s Sports Grill related t0
that reflects
alcoholic beverage serving limits or regulation of alcohol consumption by individuals on its
premises (this request includes consumption 0f alcoholic beverages for customers, patrons,
employees, independent contractors and any other person 0n the premises);
(10) With regard to security, surveillance, or recording measures at Greedy’s Sports Grill or
the Greedy’s Sports Grill parking lot:
A. Produce any documents reflecting any security personnel, such as guards 0r bouncers, Which
are utilized at Greedy’s Sports Grill or the Greedy’s Sports Grill parking lot, in general and on
the night in question;
B. Produce any documents reflecting any surveillance 0r recording equipment, such as
surveillance cameras, Which are utilized at Greedy’s Sports Grill or the Greedy’s Sports Grill
parking lot, in general and on the night in question;
SECOND NOTICE OF INTENTION TO TAKE ORAL AND/OR VIDEOTAPED DEPOSITION OF THE
PLAINTIFF’S
CORPORATE REPRESENTATIVE OF DEFENDANT GREEDY’S
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C. Produce any contract 0r documents reflecting any persons or entites hired to perform any form
0f security, monitoring, surveillance, 01" recording 0f any kind;
D. If any surveillance camera(s) 0r its equipment was not functioning from the time frame 0f
12:00 p.m through closing 0n September 25, 2016, identify said camera, describe the area it
Views, produce any documents that reflect such camera(s) or equipment was not working and
any documents that indicate any type 0r repair 0r replacement 0f any said surveillance camera 0r
equipment.
(1 1) Documents relating t0 any policies related t0 Visibly-intoxicated patrons Who are
attempting t0 exit the premises 0f Greedy’s Sports Grill and/or its parking lot;
(12) Any documents related t0 prior or subsequent incidents resulting in personal injuries or
damage t0 property due t0 the acts 0f an impaired, inebriated 0r intoxicated patrons 0r employees
0f Greedy’s Sports Grill. This Will include any incident or accident reports, photographs,
Witness statements, claim documents, Texas Alcoholic Beverage Commissions documents or
litigation documents relating to such incident(s);
(13) Any documents in which Greedy’s Sports Grill have alleged that there was fault or blame
0n the part 0f any person 0r entity other than Greedy’s Sports Grill in this aincident. (This
request excludes documents that Greedy’s Sports Grill made for the attorney for Greedy’s Sports
Grill or is otherwise protected by any attorney-client privilege);
(14) A11 photographs, Videotapes, movies, images, or electronic media containing any
photographic, Video or other pictorial or graphic documents relating to:
A. the inside 0f Greedy’s Sports Grill from the time period 0f 12:00 p.m. 0n September 25,
2016 through closing;
B. Plaintiff, at any time from the time period 0f 12:00 p.m. on September 25, 2016 through
closing;
C. Anyone involved in the incident made the basis of this suit at any time; and
D. The entry and exit of anyone involved in this incident at Greedy’s Sports Grill.
(15) A11 applications, records, documents, or other information provided t0 or from Greedy’s
Sports Grill With respect t0 the decision 0f Greedy’s Sports Grill to permit any employee to sell
and/or serve alcoholic beverages at Greedy’s Sports Grill;
(16) Any and all documents filed with and/ or produced to state, federal, 0r regulatory
authorities concerning the incident made the basis of this suit;
SECOND NOTICE OF INTENTION TO TAKE ORAL AND/OR VIDEOTAPED DEPOSITION OF THE
PLAINTIFF’S
CORPORATE REPRESENTATIVE OF DEFENDANT GREEDY’S
Page 8
(17) Any and all documents pertaining t0 the individuals involved in this incident at the
Greedy’s Sports Grill 0n the day in question;
(1 8) Any and all documents filed with and/or produced to state, federal, 0r regulatory
authorities concerning other incidents similar t0 the incident made the basis 0f this suit Within the
past ten (10) years;
(19) A11 documents 0r tangible things utilized by Greedy’s Sports Grill in any training
programs before the incident made the basis 0f this suit (including but not limited to all safety
manuals provided t0 people working for Greedy’s Sports Grill) conducted by Greedy’s Sports
Grill, or anyone else, to educate the people working for Greedy’s Sports Grill regarding the safe
sale of alcoholic beverages;
(20) Reports, citations, 0r other documents issued by any governmental entity against any
person working for Greedy’s Sports Grill between January 1, 2011 through the present for
Violations of any federal or state law and/or any other rule or regulation related t0 regarding the
sale of alcoholic beverages;
(21) A11 documents which reflect any and all sales 0f alcoholic beverages by Greedy’s Sports
Grill made 0n September 25, 2016;
(22) A11 documents reflecting any occasion Where a person working for Greedy’s Sports Grill
was noted, counseled or reprimanded for selling alcohol to an intoxicated person during the years
of201 1-2016;
(23) The Greedy’s Sports Grill “employee handbook” that was in effect 0n September 25,
2016;
(24) Any policies and procedures manual that was in effect 0n September 25, 2016;
(25) A11 disciplinary records, reprimands, “write-ups” or other documents criticizing any
person working for Greedy’s Sports Grill, for Violating any portions of the Texas Alcoholic
Beverage Code for the years 201 1-2016;
(26) A11 documents Which reflect Greedy’s Sports Grill’ “policies and procedures” for
monitoring people working for Greedy’s Sports Grill t0 ensure compliance with the Texas
Alcoholic Beverage Code;
(27) A11 memos, letters, 01‘ any other written documents given t0 people working for Greedy’s
Sports Grill during the past three (3) years, regarding the sale of alcoholic beverages to an
intoxicated person;
SECOND NOTICE OF INTENTION TO TAKE ORAL AND/OR VIDEOTAPED DEPOSITION OF THE
PLAINTIFF’S
CORPORATE REPRESENTATIVE OF DEFENDANT GREEDY’S
Page 9
(28) Any and documents reflecting a refusal to sell alcoholic beverages to obviously
all
intoxicated persons between the years of 2011-2016 by persons working for Greedy’s Sports
Grill on September 25, 2016;
(29) Any and all documents in Greedy’s Sports Grill’ possession, custody 0r control
evidencing Greedy’s Sports Grill’ disapproval of any employees’ actions stemming from the
events of this incident;
(30) Any and all documents in the possession, custody, 0r control 0f Greedy’s Sports Grill
evidencing a change in any Policy 0r Procedure regarding the safe sale of alcoholic beverages for
the past five years;
(3 1) Any and documents in the possession, custody, or control of Greedy’s Sports Grill that
all
list and/or reflect in any way the recipes and/or amount of alcohol, and each type 0f alcohol used
in the respective drinks that were served on September 25, 2016;
(32) Any and all “bartender manuals,” “alcoholic beverage guide books,” and/or “alcoholic
beverage recipe books” used by people working for Greedy’s Sports Grill on September 25,
2016;
(33) Any and documents, charts, posters, diagrams, manuals and/or models used t0 educate
all
people working for Greedy’s Sports Grill regarding the amount of alcohol used in each type of
alcoholic drink prior to September 25, 2016;
(34) Any and Texas Alcoholic Beverage Commission (TABC) certificates of completion
all
regarding any Texas Alcoholic Beverage Commission alcohol seller training programs
concerning all employees of Greedy’s Sports Grill that were employed by Greedy’s Sports Grill
0n September 25, 2016 and any manager(s) that had any supervisory responsibility 0r authority
over any employee; and
(35) Any and all documents which evidence the managerial hierarchy and/or managerial and
supervisory chain 0f command for Greedy’s Sports Grill on September 25, 2016.
(3 6) Any documents pertaining to the incident in question.
Counsel for Defendant has identified the designated corporate representative(s) as the
individual(s) who will testify 0n behalf of Defendant on each 0f the listed topics, as to matters
that are known or reasonably available to the organization, pursuant t0 Rule 199.2(b)(1), TeX. R.
CiV. P.
SECOND NOTICE OF INTENTION TO TAKE ORAL AND/OR VIDEOTAPED DEPOSITION OF THE
PLAINTIFF’S
CORPORATE REPRESENTATIVE OF DEFENDANT GREEDY’S
Page 10
Preview
FILED DALLAS COUNTY 10/31/2019 5:02 PM FELICIA PITRE DISTRICT CLERK Treva Parker—Ayodele CAUSE NO. DC18-14520 SHAWN MITCHELL, § IN THE Plaintiff, § § 298TH DISTRICT COURT V. § § DALLAS COUNTY, TEXAS DA GREEDY ONE ENT, LLC dba § GREEDY’S SPORTS GRILL § and JEFFREY COTTON § Defendants. § MOTION TO QUASH SECOND NOTICE OF DEPOSITION COMES NOW Defendant GREEDY’S SPORTS GRILL filing this Motion t0 Quash Second Notice 0f Deposition of Corporate Representative of Greedy’s Sports Grill and would respectfully show the Court as follows: 1. Attached is a copy 0f the Notice ofDeposition subject 0f this motion. 2. The deposition was scheduled t0 be taken 0n Friday November 8, 2019 at 1 :00pm. 3. This deposition is scheduled Without agreement as t0 date, and contrary t0 the plans as agreed by the parties, which is unreasonable. See, Hycarbex, Inc. v. Anglo-Suisse, Inc., 927 S .W.2d 103, 111 (TeX. App.—H0ust0n [14th Dist] 1996, n0 writ). The parties had discussed doing both depositions in one day. Plaintiff’s counsel has insisted that his deposition of Defendant g0 first. Yet, this deposition sets Defendant’s deposition at 1:00 in the afternoon. Two depositions on the same day would be impossible if the first starts at 1:00pm. 4. OBJECTION — The deposition seeks documents. Such request is governed by Rules 193 and 196. Thus, the applicable time t0 respond and produce documents is 30 days. See, TRCP 199.2 Which govern rules for Noticing Depositions. Defendant hereby reserves the right t0 object t0 the specific requests for documents Within the time frame permitted under TRCP 193 and 196. 5. OBJECTION — The deposition is cumulative, as Plaintiff has already taken the deposition 0f a corporate representative 0n the same issues as requested. Defendant Will not answer PAGE 1 to any issues already deposed upon, but Will rather rely 0n the answers already provided, unless new information has been obtained on such issues. Argument and Authorities This motion is timely filed as it is filed prior to the deposition and within five days of receipt 0f the notice. By the filing of this motion, the deposition is stayed until a hearing 0n the motion. The burden to get a ruling on the Motion to Quash is on the party issuing the notice and shall be evidentiary, requiring proof substantiating the need for the evidence sought and the urgency of the expedited setting. See, United States v. Nixon, 418 U.S. 683 (I974). WHEREFORE PREMISES CONSIDERED, this Court should quash the Deposition Notice, or in the alternative, should issue a protective order preventing the introduction of deposition statements. Respectfully submitted, /s/ David A. Small LAW OFFICE OF DAVID A. SMALL Texas State Bar Number 00784987 501 Elm Street, Suite 385 Dallas, Texas 75202 PHONE (214) 965-9400 FACSIMILE (214) 752-7798 EMAIL: DSMALL9400@EARTHLINK.NET ATTORNEY FOR DEFENDANTS JEFFREY COTTON AND GREEDYS SPORTS GRILL CERTIFICATE OF SERVICE David A. Small 0n this 3lst day 0f OCTOBER 2019 do hereby certify that a true and I, correct copy of this document will be served on counsel for Petitioner Via facsimile, electronic transmission, or otherwise pursuant to TRCP 21(a). CLAY LEWIS JENKINS STEPHEN L. DANIEL 5 16 West Main Waxahachie, Texas 75 165 Street Fax: 972-938-7676 Email: Stephen@clayienkins.com /s/ David A. Small PAGE 2 CERTIFICATE OF CONFERENCE I, David A. Small do hereby certify that 0n this 3lst day 0f October 2019, I have called Attorney Stephen Daniels to discuss the content 0f this Motion. I was placed 0n hold. Atty Daniels was unavailable, so n0 agreement was reached. /s/ David A. Small PAGE 3 EXHIBIT A CAUSE NO. DC-l8—14520 SHAWN MITCHELL, § IN THE DISTRICT COURT OF § Plaintiff, § § VS. § DALLAS COUNTY, TEXAS § DA GREEDY ONE ENT, LLC D/B/A § GREEDY’S SPORTS GRILL and § JEFFREY COTTON § § Defendant. § 298TH JUDICIAL DISTRICT PLAINTIFF’S SECOND NOTICE OF INTENTION TO TAKE ORAL AND/OR VIDEOTAPED DEPOSITION OF THE CORPORATE REPRESENTATIVE OF DEFENDANT DA GREEDY ONE ENT, LLC D/B/A GREEDY’S SPORTS GRILL TO: Defendant, DA GREEDY ONE ENT, LLC D/B/A GREEDY’S SPORTS GRILL, by and through its attorneys of record, namely: David Small, 501 Elm Street, Suite 385, Dallas, Texas 75202. L WITNESS DATE TIME AND LOCATION Please take notice that Plaintiff intends to take the deposition of the Corporate Representative 0f DA GREEDY ONE ENT, LLC D/B/A GREEDY’S SPORTS GRILL pursuant t0 the Texas Rules of Civil Procedure at the Law Office of David A. Small, 501 Elm Street, Suite 385, Dallas, Texas 75202, on Friday, November 8, 2019, at 1:00 pm. and continuing until the deposition has been completed. E COURT REPORTER The deposition will be stenographically recorded by a court reporter affiliated with, recommended by and/or associated with Kim Carroll. SECOND NOTICE OF INTENTION TO TAIm ORAL AND/OR VIDEOTAPED DEPOSITION 0F THE PLAINTIFF’S CORPORATE REPRESENTATIVE 0F DEFENDANT GREEDY’S Page 1 E NON-STENORGRAPHIC RECORDING Pursuant to the Tex. R. CiV. P., I am hereby giving notice that the aforementioned deposition may further be taken by non—stenographic means, to-Wit: Videotape recording. The on'ginal of the Videotapes Will remain in the above operator's possession, subject t0 the inspection of any parties, at the above address upon reasonable notice. In the event that any party wishes a copy 0f the Videotape(s), please make your arrangements With the Videographer for copying at the Defendants” expense. IV. DESIGNATION OF CORPORATE REPRESENTATIVE Plaintiff intends t0 take the oral deposition of Defendant DA GREEDY ONE ENT, LLC D/B/A GREEDY’S SPORTS GRILL pursuant to Tex. R. CiV. P. 199.2(b)(1), through one or more corporate representatives testifying 0n behalf 0f the Witness on the following subj ects: (1) The relationship between Greedy’s Sports Grill and its agents, representatives, employees, contractors and any other individuals or entities regarding operation and management of the Greedy’s Sports Grill restaurant Where this incident occurred; (2) The policies and procedures 0f Greedy’s Sports Grill regarding the supervision and training 0f its employees. contractors and/or representatives; (3) Videotapes, photographs, digital files, and/or other media Which contain any Visual depiction 0f this incident and/or the parking lot at issue; (4) The policies and procedures of Greedy’s Sports Grill (if any) regarding the making 0f audio and/or Video recordings; (5) The names, addresses, and telephone numbers 0f all individuals Who worked for Greedy’s Sports Grill in any capacity on September 25, 2016; SECOND NOTICE OF INTENTION TO TAKE ORAL AND/OR VIDEOTAPED DEPOSITION OF THE PLAINTIFF’S CORPORATE REPRESENTATIVE OF DEFENDANT GREEDY’S Page 2 (6) The names, addresses, and telephone numbers of all individuals and entities (other than Greedy’s Sports Grill) whom the deponent believes would be at least partially liable and/or at fault for the alleged injuries and damages at issue; (7) The alcoholic beverages provided and/or sold by Greedy’s Sports Grill 0n September 25, 2016 t0 any persons involved in this incident; (8) The identity 0f the beverage sold, the time the beverage was served, the quantity of the beverage and the dollar amount 0f the purchases; (9) Any training course, including any course approved by the Texas Alcoholic Beverage Commission, for any individuals who served alcohol 0n behalf of Greedy’s Sports Grill prior t0 this incident; (10) Any drink specials Which were in effect on the day made the basis 0f this incident, including any formal or informal solicitation or advertisement t0 purchase alcoholic beverages; (1 1) Any investigation of the incident made the basis 0f this suit; (12) Any discussions involving employees of Greedy’s Sports Grill which concerned this incident on September 25, 2016; (13) The identity of all witnesses t0 the purchase and/or consumption of alcohol at Greedy’s Sports Grill on September 25, 2016 by anyone involved in this incident; (14) In the last 5 years, any and all complaints, comments, accidents, incidents at Greedy’s Sports Grill. This includes the following: A. The date of any such complaints, comments, accidents, incidents 0r reports; B. The identity 0f the person(s) involved; C. A detailed description of the complaint, comments, accident, incident or report; D. If a claim or lawsuit resulted, identify the attorneys involved, and the court in Which any if any, lawsuit was filed With the case number and/or civil action number and style of the case; and E. Identify all documents pertaining t0 each complaint, comment, accident, incident or report. (15) The contention of Greedy’s Sports Grill that some other person 0r legal entity is, in whole or in part, liable t0 the Plaintiff for his damages in this matter, and the basis of said liability; SECOND NOTICE OF INTENTION TO TAKE ORAL AND/OR VIDEOTAPED DEPOSITION OF THE PLAINTIFF’S CORPORATE REPRESENTATIVE OF DEFENDANT GREEDY’S Page 3 (16) A11 procedures and/or actions of any nature, formal or informal, including observation or questioning 0f Plaintiff 0r others, taken by Greedy’s Sports Grill 0r anyone acting 0n its behalf; (17) With regard to any security, surveillance, 0r recording measures at Greedy’s Sports Grill 0r the Greedy’s Sports Grill parking lot: A. Any security personnel, such as guards or workers, Which are utilized at Greedy’s Sports Grill or the Greedy’s Sports Grill parking lot, in general and 0n the night in question. B. Any surveillance 0r recording equipment, such as surveillance cameras (including the number 0f surveillance cameras on the Greedy’s Sports Grill premises), Which are utilized at Greedy’s Sports Grill 0r the Greedy’s Sports Grill parking lot, in general and 0n the night in question. C. The identification 0f each surveillance camera and the area that is Within the Viewing area of said camera. D. Any persons or entities hired to perform any form of security, monitoring, surveillance, 0r recording 0f any kind. (18) For the period of time from January 1, 2012 forward, the name(s), present address(es), and job classification and duties of each person employed by 0r 0n behalf 0f Greedy’s Sports Grill who had the responsibility for being in charge 0f the safety program and/or program t0 ensure compliance With TABC regulations relating to the sale and/or service of alcohol; (19) The 0f any and all persons, firms, 0r entities with an ownership interest in the identity premises (including the land and building on Which Greedy’s Sports Grill was located) as of the date in question; (20) A11 persons employed (not just working) on the date of this incident, and their dates of employment and position; (21) A11 persons working 0n September 25, 2016, and their dates of employment and their position at Greedy’s Sports Grill; (22) Any individuals who had taken a training class or program approved by the Texas Alcoholic Beverage Commission regarding the serving 0f alcoholic beverages on or before September 25, 2016, When that class was last taken, and who required said person t0 take the class; (23) any and all persons Who were present at Greedy’s Sports Grill at any time from Identify 12:00 p.m. 0n September 25, 2016 until the Closing 0f Greedy’s Sports Grill. [This includes all customers, spectators, agents, servants and/or employees of Greedy’s Sports Grill, contract employees, dancers, and any other person present during the time period referenced]; SECOND NOTICE OF INTENTION TO TAKE ORAL AND/OR VIDEOTAPED DEPOSITION OF THE PLAINTIFF’S CORPORATE REPRESENTATIVE OF DEFENDANT GREEDY’S Page 4 (24) Any adverse action, including but not limited to firing or repn'manding, of any employee of Greedy’s Sports Grill, any independent contractor working at Greedy’s Sports Grill, 0r any agent of Greedy’s Sports Grill as a result 0f this incident; (25) Any matter relating t0 the incident in question; and (26) Any claim and/or defense asserted or can be asserted by Defendant in this matter; E DUCES TECUM At the time 0f the deposition, the witness is commanded to bring and produce the documents and things listed in Exhibit “A”, attached hereto, as incorporated herewith as if fully set forth in length. Respectfully submitted, JENKINS & JENKINS, P.C. $2.5m CLAY LEWIS JENKINS SBN: 10617450 STEPHEN L. DANIEL SBN: 24036436 516 West Main Street Waxahachie, TX. 75165 Ph: 972-938-1234 Fax: 972-938-7676 Email: stephen@clayienkins.com ATTORNEYS FOR PLAINTIFF SECOND NOTICE OF INTENTION TO TAIQ ORAL AND/OR VIDEOTAPED DEPOSITION OF THE PLAINTIFF’S CORPORATE REPRESENTATIVE 0F DEFENDANT GREEDY’S Page 5 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing document has been forwarded to the attorneys of record for all parties in compliance With Rule 21a, Tex.R.CiV.P. on this the 3 lst day of October, 20 1 9. S5519 CLAY LEWIS JENKINS STEPHEN L. DANIEL SECOND NOTICE OF INTENTION TO TAKE ORAL AND/OR VIDEOTAPED DEPOSITION OF THE PLAINTIFF’S CORPORATE REPRESENTATIVE OF DEFENDANT GREEDY’S Page 6 EXHIBIT “A” — DUCES TECUM (1) Any documents related t0 any ownership interest in the premises (including the land and building 0n Which Greedy’s Sports Grill was located) as of the date in question; (2) Any deeds, leases, management agreements, operation agreements 0r contracts in effect at the time 0f this incident concerning the Greedy’s Sports Grill in question; (3) Documents reflecting persons employed by Greedy’s Sports Grill on September 25, 2016; (4) A11 payroll records reflecting the time period on September 25, 2016 for each person employed by Greedy’s Sports Grill; (5) The employment files for all persons employed by Greedy’s Sports Grill 0n September 25, 2016 (this request does not seek privileged information); (6) A certificate of completion of a training class or program approved by the Texas Alcoholic Beverage Commission regarding the serving 0f alcoholic beverages for each person employed by Greedy’s Sports Grill 0n September 25, 2016; (7) Any documents reflecting Greedy’s Sports Grill’ requirements for employees t0 attend any training programs approved by the Texas Alcoholic Beverage Commission regarding the sale and service of alcoholic beverages; (8) Any receipts, logs, 0r other documents that reflect any purchase made by anyone involved in this incident 0n September 25, 2016; (9) Any document any of the policies at Greedy’s Sports Grill related t0 that reflects alcoholic beverage serving limits or regulation of alcohol consumption by individuals on its premises (this request includes consumption 0f alcoholic beverages for customers, patrons, employees, independent contractors and any other person 0n the premises); (10) With regard to security, surveillance, or recording measures at Greedy’s Sports Grill or the Greedy’s Sports Grill parking lot: A. Produce any documents reflecting any security personnel, such as guards 0r bouncers, Which are utilized at Greedy’s Sports Grill or the Greedy’s Sports Grill parking lot, in general and on the night in question; B. Produce any documents reflecting any surveillance 0r recording equipment, such as surveillance cameras, Which are utilized at Greedy’s Sports Grill or the Greedy’s Sports Grill parking lot, in general and on the night in question; SECOND NOTICE OF INTENTION TO TAKE ORAL AND/OR VIDEOTAPED DEPOSITION OF THE PLAINTIFF’S CORPORATE REPRESENTATIVE OF DEFENDANT GREEDY’S Page 7 C. Produce any contract 0r documents reflecting any persons or entites hired to perform any form 0f security, monitoring, surveillance, 01" recording 0f any kind; D. If any surveillance camera(s) 0r its equipment was not functioning from the time frame 0f 12:00 p.m through closing 0n September 25, 2016, identify said camera, describe the area it Views, produce any documents that reflect such camera(s) or equipment was not working and any documents that indicate any type 0r repair 0r replacement 0f any said surveillance camera 0r equipment. (1 1) Documents relating t0 any policies related t0 Visibly-intoxicated patrons Who are attempting t0 exit the premises 0f Greedy’s Sports Grill and/or its parking lot; (12) Any documents related t0 prior or subsequent incidents resulting in personal injuries or damage t0 property due t0 the acts 0f an impaired, inebriated 0r intoxicated patrons 0r employees 0f Greedy’s Sports Grill. This Will include any incident or accident reports, photographs, Witness statements, claim documents, Texas Alcoholic Beverage Commissions documents or litigation documents relating to such incident(s); (13) Any documents in which Greedy’s Sports Grill have alleged that there was fault or blame 0n the part 0f any person 0r entity other than Greedy’s Sports Grill in this aincident. (This request excludes documents that Greedy’s Sports Grill made for the attorney for Greedy’s Sports Grill or is otherwise protected by any attorney-client privilege); (14) A11 photographs, Videotapes, movies, images, or electronic media containing any photographic, Video or other pictorial or graphic documents relating to: A. the inside 0f Greedy’s Sports Grill from the time period 0f 12:00 p.m. 0n September 25, 2016 through closing; B. Plaintiff, at any time from the time period 0f 12:00 p.m. on September 25, 2016 through closing; C. Anyone involved in the incident made the basis of this suit at any time; and D. The entry and exit of anyone involved in this incident at Greedy’s Sports Grill. (15) A11 applications, records, documents, or other information provided t0 or from Greedy’s Sports Grill With respect t0 the decision 0f Greedy’s Sports Grill to permit any employee to sell and/or serve alcoholic beverages at Greedy’s Sports Grill; (16) Any and all documents filed with and/ or produced to state, federal, 0r regulatory authorities concerning the incident made the basis of this suit; SECOND NOTICE OF INTENTION TO TAKE ORAL AND/OR VIDEOTAPED DEPOSITION OF THE PLAINTIFF’S CORPORATE REPRESENTATIVE OF DEFENDANT GREEDY’S Page 8 (17) Any and all documents pertaining t0 the individuals involved in this incident at the Greedy’s Sports Grill 0n the day in question; (1 8) Any and all documents filed with and/or produced to state, federal, 0r regulatory authorities concerning other incidents similar t0 the incident made the basis 0f this suit Within the past ten (10) years; (19) A11 documents 0r tangible things utilized by Greedy’s Sports Grill in any training programs before the incident made the basis 0f this suit (including but not limited to all safety manuals provided t0 people working for Greedy’s Sports Grill) conducted by Greedy’s Sports Grill, or anyone else, to educate the people working for Greedy’s Sports Grill regarding the safe sale of alcoholic beverages; (20) Reports, citations, 0r other documents issued by any governmental entity against any person working for Greedy’s Sports Grill between January 1, 2011 through the present for Violations of any federal or state law and/or any other rule or regulation related t0 regarding the sale of alcoholic beverages; (21) A11 documents which reflect any and all sales 0f alcoholic beverages by Greedy’s Sports Grill made 0n September 25, 2016; (22) A11 documents reflecting any occasion Where a person working for Greedy’s Sports Grill was noted, counseled or reprimanded for selling alcohol to an intoxicated person during the years of201 1-2016; (23) The Greedy’s Sports Grill “employee handbook” that was in effect 0n September 25, 2016; (24) Any policies and procedures manual that was in effect 0n September 25, 2016; (25) A11 disciplinary records, reprimands, “write-ups” or other documents criticizing any person working for Greedy’s Sports Grill, for Violating any portions of the Texas Alcoholic Beverage Code for the years 201 1-2016; (26) A11 documents Which reflect Greedy’s Sports Grill’ “policies and procedures” for monitoring people working for Greedy’s Sports Grill t0 ensure compliance with the Texas Alcoholic Beverage Code; (27) A11 memos, letters, 01‘ any other written documents given t0 people working for Greedy’s Sports Grill during the past three (3) years, regarding the sale of alcoholic beverages to an intoxicated person; SECOND NOTICE OF INTENTION TO TAKE ORAL AND/OR VIDEOTAPED DEPOSITION OF THE PLAINTIFF’S CORPORATE REPRESENTATIVE OF DEFENDANT GREEDY’S Page 9 (28) Any and documents reflecting a refusal to sell alcoholic beverages to obviously all intoxicated persons between the years of 2011-2016 by persons working for Greedy’s Sports Grill on September 25, 2016; (29) Any and all documents in Greedy’s Sports Grill’ possession, custody 0r control evidencing Greedy’s Sports Grill’ disapproval of any employees’ actions stemming from the events of this incident; (30) Any and all documents in the possession, custody, 0r control 0f Greedy’s Sports Grill evidencing a change in any Policy 0r Procedure regarding the safe sale of alcoholic beverages for the past five years; (3 1) Any and documents in the possession, custody, or control of Greedy’s Sports Grill that all list and/or reflect in any way the recipes and/or amount of alcohol, and each type 0f alcohol used in the respective drinks that were served on September 25, 2016; (32) Any and all “bartender manuals,” “alcoholic beverage guide books,” and/or “alcoholic beverage recipe books” used by people working for Greedy’s Sports Grill on September 25, 2016; (33) Any and documents, charts, posters, diagrams, manuals and/or models used t0 educate all people working for Greedy’s Sports Grill regarding the amount of alcohol used in each type of alcoholic drink prior to September 25, 2016; (34) Any and Texas Alcoholic Beverage Commission (TABC) certificates of completion all regarding any Texas Alcoholic Beverage Commission alcohol seller training programs concerning all employees of Greedy’s Sports Grill that were employed by Greedy’s Sports Grill 0n September 25, 2016 and any manager(s) that had any supervisory responsibility 0r authority over any employee; and (35) Any and all documents which evidence the managerial hierarchy and/or managerial and supervisory chain 0f command for Greedy’s Sports Grill on September 25, 2016. (3 6) Any documents pertaining to the incident in question. Counsel for Defendant has identified the designated corporate representative(s) as the individual(s) who will testify 0n behalf of Defendant on each 0f the listed topics, as to matters that are known or reasonably available to the organization, pursuant t0 Rule 199.2(b)(1), TeX. R. CiV. P. SECOND NOTICE OF INTENTION TO TAKE ORAL AND/OR VIDEOTAPED DEPOSITION OF THE PLAINTIFF’S CORPORATE REPRESENTATIVE OF DEFENDANT GREEDY’S Page 10