Preview
FILED
12/28/2020 6:32 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
John P White DEPUTY
CAUSE NO. DC-20-01687
ALEJANDRO MORENO, IN THE DISTRICT COURT
Individually and 0n behalf of the Estate
of JOSE EFREN MORENO, MAURA
MEDINA DIAZ, MARIA PATRICIA
MORENO MEDINA, JOSE FERMIN
MORENO and FRANCISCO MORENO
Plaintif
VS. 95th JUDICIAL DISTRICT
COCA-COLA SOUTHWEST
BEVERAGES, LLC; TEXAS-COLA
LEASING COMPANY, LP LLLP;
And MICHAEL SCOTT BYRUM,
Defendants. DALLAS COUNTY, TEXAS
PLAINTIFFS’ MOTION TO COMPEL DEFENDANT COCA-COLA
SOUTHWEST BEVERAGES, LLC’S RESPONSES TO
PLAINTIFFS’ SECOND REQUESTS FOR PRODUCTION
AND TO STRIKE OBJECTIONS
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW Plaintiffs, ALEJANDRO MORENO, Individually and on Behalf of the
Estate of JOSE EFREN MORENO, MAURA MEDINA DIAZ, MARIA PATRICIA MORENO
MEDINA, JOSE FERMIN MORENO and FRANCISCO MORENO, and makes and les this
Motion to Compel Defendant Coca-Cola Beverages, LLC’s Responses to Plaintiffs’ Second
Requests for Production and to Strike Objections. In support thereof, Plaintiffs would show the
Court the following:
I.
BACKGROUND
1. Plaintiff, Mr. Moreno was burned and paralyzed and suffered for many months
before he died after a speeding, distracted, and horrendously under-trained Coca-Cola driver rear-
’
Plaintijfs Motion to Compel Defendant Coca-Cola Southwest Beverages, LLC ’s Responses to Plaintiffs ’ Second 1
Requestfor Production and Strike Objections
ended his vehicle. It has been at issue in this case whether Coca-Cola has a qualied full—time
eet safety person or not. The attached discovery pertains to the existence and qualications of
any alleged safety person(s) for Coca-Cola (See Exhibit A). Defendant’s objections to discovery
are inappropriate and appear to conceal basic discoverable evidence. Plaintiffs therefore le this
Motion to Compel Defendant Coca-Cola Southwest Beverages, LLC’s Responses to Plaintiffs’
Second Request for Production and Strike Objections, so that reliable discovery answers may be
provided from Defendant in order to prepare for trial.
II.
ARGUMENT & AUTHORITIES
3. The purpose of discovery is to seek the truth, so disputes may be decided by what
facts are revealed, not by what facts are concealed. Axelson, Inc. v. McIlhany, 798 S.W.2d 550,
555 (Tex. 1990). Discovery may be obtained about any matter relevant to the subject matter of
the case. Tex. R. Civ. P. 192.3(a). Information is discoverable as long as it appears “reasonably
calculated to lead to the discovery of admissible evidence.” Id. The party opposing discovery
bears the burden of proving its objections.
4. Plaintiffs’ discovery requests are within the scope of discovery permitted by
Texas Rule of Civil Procedure 192.3. Plaintiffs therefore seek an order compelling complete
responses and removing any remaining objections to these requests.
5. Plaintiffs request that Defendant be compelled to remove their obj ections and/or
assertion of privilege and answer more fully their responses to:
a. Defendant Coca-Cola Southwest Beverages, LLC’s responses to Second
Requests for Production Numbers: 58-62 (See Exhibit A).
6. Additionally, Plaintiffs seek the removal of the blanket objection preceding all
responses to the Second Requests for Production (Exhibit A). Responses that are “obscured by
’
Plaintiffs Motion to Compel Defendant Coca-Cola Southwest Beverages, LLC ’s Responses to Plaintiffs ’ Second 2
Requestfor Production and Strike Objections
numerous unfounded objections” are waived unless good cause is shown. TRCP 193.2(e).
Defendant’s preliminary blanket objection purports to limit the scope of discovery by (a) citing
to language in the Rules which pertains to the form of documents to be produced (as they are
“kept in the ordinary course of business”), and (b) limits any search in “its records” to where
they are “most apt to be found.”
7. The parties have not reached an agreement as to what documents or information
were prepared in the ordinary course of business versus those prepared in anticipation of
litigation.
8. Furthermore, limiting the search to a portion Coke’s internal business records is an
improper limitation. The Texas Rules of Civil Procedure state, “A person is required to produce
a document or tangible thing that is within the person’s possession, custody, or control.” TRCP
192.3(b). Modern trucking companies utilize third party companies to provide software and to
communicate, manage employees, and conduct company business, including storage of data,
such as communications, documents, geolocation information, driver monitoring video, driver
and eet safety performance, etc.
9. Blanket objections are generally disfavored. Coke’s preliminary objection may
conceal the failure to disclose discoverable information. Therefore, it should also be stricken,
so that Plaintiffs may have clear and complete responses to these discovery requests.
III.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that, upon hearing
hereof, Defendant, Coca—Cola Southwest Beverages, LLC, be ordered to completely and fully
respond to Plaintiffs’ Second Requests for Production as listed above, within ve (5) days, and
for such and further relief that may be awarded at law or in equity.
’ ’
Plaintiffs Motion to Compel Defendant Coca-Cola Southwest Beverages, LLC ’s Responses to Plaintzfs Second 3
Requestfor Production and Strike Objections
Respectfully submitted,
HILLIARD MARTINEZ GONZALES LLP
By: /s/ Bradford P. Klager
Robert C. Hilliard
State Bar No. 09677700
Email: bobh@hmglawrm.com
John B. Martinez
State Bar No. 240 1 02 1 2
Email: john@hmglawrm.com
Rudy Gonzales, Jr.
State Bar No. 0812 1 700
Email: rudyg@hmglawrm.com
Catherine T. Hilliard
State Bar No. 2401 3642
Email: catherine@hmglawrm.com
Bradford P. Klager
State Bar No. 240 1 2969
Email: brad@hmglawrm.com
719 S. Shoreline Boulevard
Corpus Christi, Texas 78401
Telephone No.: 361.882.1612
Facsimile No.: 361 882.30 1 5
hmgservice@hmglawrm.com
*serVice by e-mail to this address only
ATTORNEYS FOR PLAINTIFFS
’ ’
Plaintts Motion to Compel Defendant Coca-Cola Southwest Beverages, LLC ’s Responses to Plainttfs Second 4
Requestfor Production and Strike Objections
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing instrument was
forwarded to the following counsel of record on this 28th day of December 2020.
Via ECF:
David H. Estes
Amanda A. Saputo
Guy W. Swartz
HARTLINE BARGER, LLP
8750 North Central Expressway, Suite 1600
Dallas, Texas 75231
Attorneysfor Defendant Coca-Cola Southwest Beverages, LLC and
Texas-Cola Leasing Company, LP LLLP
Via ECF:
Frank G. Cawley
P. Marcus White
Thomas S. Howery
WHITEHURST & CAWLEY, L.L.P.
16300 Addison Road, Suite 100
Addison, Texas 75001
Attorneyfor Defendant Michael Scott Byrum
/s/ Bradford P. Klager
Bradford P. Klager
’ ’
Plainas Motion to Compel Defendant Coca-Cola Southwest Beverages, LLC ’s Responses to Plaintzf Second 5
Requestfor Production and Strike Objections
CAUSE NO. DC-20-01687
ALEJANDRO MORENO, IN THE DISTRICT COURT
Individually and 0n behalf of the Estate
of JOSE EFREN MORENO, MAURA
MEDINA DIAZ, MARIA PATRICIA
MORENO MEDINA, JOSE FERMIN
MORENO and FRANCISCO MORENO
Plaintis,
VS. 95TH JUDICIAL DISTRICT
COCA-COLA SOUTHWEST
BEVERAGES, LLC,
TEXAS-COLA LEASING
COMPANY LP, LLLP; and
MICHAEL SCOTT BYRUM
Defendants. DALLAS COUNTY, TEXAS
DEFENDANT COCA-COLA SOUTHWEST BEVERAGES, LLC’S OBJECTIONS AND
RESPONSES TO PLAINTIFFS’ SECOND REQUESTS FOR PRODUCTION
To: Plaintiff Alejandro Moreno, Individually and on behalf of the Estate of Jose Efren
Moreno, Maura Medina Diaz, Maria Patricia Moreno Medina, Jose Fermin Moreno, and
Francisco Moreno, by and through their attorneys of record, Robert C. Hilliard, John B.
Martinez, Rudy Gonzales, Jr., Catherine T. Hilliard, Bradford P. Klager, Jessica J.
Pritchett, John C. Duff, Hilliard Martinez Gonzales LLP, 719 S. Shoreline Boulevard,
Corpus Christi, Texas 78401.
Defendant Coca-Cola Southwest Beverages LLC (“CCSWB”) serves its Objections and
Responses to Plaintiff‘s Second Requests for Production pursuant to Rule 196 of the Texas Rules
of Civil Procedure.
EXHIBIT A
DEFENDANT COCA-COLA SOUTHWEST BEVERAGES LLC’S OBJECTIONS
AND RESPONSES TO PLAINTIFF’S SECOND REQUESTS FOR PRODUCTION PAGE 1
Respectfully submitted,
/s/David H. Estes
DAVID H. ESTES
State Bar No. 24012599
AMANDA A. SAPUTO
State Bar No. 24100984
GUY W. SWARTZ
State Bar No. 24083928
HARTLINE BARGER LLP
8750 North Central Expressway, Suite 1600
Dallas, Texas 75231
(214) 369-2100
(2 14) 369-21 18 (fax)
destes@hartlinebarger.com
asaputo@hartlinebarger.corn
gswartzézlhartlinebargercom
ATTORNEYS FOR DEFENDANTS COCA-
COLA SOUTHWEST BEVERAGES LLC AND
TEXAS-COLA LEASING COMPANY, LP
LLLP
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document has been
forwarded to all known counsel of record in accordance with the Texas Rules of Civil Procedure
on this 3 l“ day of July, 2020.
/s/David H. Estes
DAVID H. ESTES
DEFENDANT COCA-COLA SOUTHWEST BEVERAGES LLC’S OBJECTIONS
AND RESPONSES TO PLAINTIFF’S SECOND REQUESTS FOR PRODUCTION PAGE 2
PRELINIINARY OBJECTIONS
A. Scope of Responses
In responding to Plaintiff‘s Requests, CCSWB has conducted, is conducting or will
conduct a reasonably diligent search of those sections of its records, kept in the ordinary course
of business, where materials responsive to these Requests are most apt to be found. To the
extent Plaintiff‘s Requests ask CCSWB to take any action other than this, CCSWB objects
because the Requests are overly broad and unduly burdensome.
DEFENDANT COCA-COLA SOUTHWEST BEVERAGES LLC’S OBJECTIONS
AND RESPONSES TO PLAINTIFF’S SECOND REQUESTS FOR PRODUCTION PAGE 3
CCSWB’S OBJECTIONS AND RESPONSES TO PLAINTIFFS’ SECOND REQUESTS
FOR PRODUCTION
REQUEST FOR PRODUCTION NO. 58: If you
objected or failed to unequivocally admit
any of the preceding Requests for Admission, then please produce the employment le of the
person, whose existence or employment was the reason for your failure to so admit.
RESPONSE: CCSWB objects t0 this request because it is harassing, overbroad, unduly
burdensome, vague and ambiguous, and seeks materials that are neither relevant nor
reasonably calculated to lead to the discovery of admissible evidence.
REQUEST FOR PRODUCTION NO. 59: If you objected or failed to unequivocally admit
any of the preceding Requests for Admission, then please produce the employment le of each
safety and and/or person Whose primary responsibility was safety, employed at the defendant
driver’s place of business and/or who ad supervisory powers over him (from whatever location
he was employed).
RESPONSE: CCSWB objects to this request because it is harassing, overbroad, unduly
burdensome, vague and ambiguous, and to the extent it seeks materials that are neither
relevant nor reasonably calculated to lead to the discovery of admissible evidence.
REQUEST FOR PRODUCTION NO. 60: Produce all internal emails, texts, memos, and
other communications pertaining to the decision by you or your predecessor not to have a “safety
man” or similar position wherein an employee’s primary responsibility is to ensure the safety of
operations at your facilities or over your drivers.
RESPONSE: CCSWB objects to this request because it is harassing, overbroad, unduly
burdensome, vague, argumentative, and to the extent it seeks materials that are neither
relevant nor reasonably calculated to lead to the discovery of admissible evidence.
Subject to the foregoing objections, CCSWB has made no such decision and therefore,
there are no documents responsive to this request in its possession, custody, or control.
REQUEST FOR PRODUCTION NO. 61: Produce all internal emails, texts, memos, and
other communications pertaining to the decision by you or your predecessor to eliminate the
position of “safety man” or similar position wherein an employee’s primary responsibility is to
ensure the safety of operations at your facilities or over your drivers.
RESPONSE: CCSWB objects to this request because it is overbroad, unduly burdensome,
vague, argumentative, and to the extent it seeks materials that are neither relevant nor
reasonably calculated to lead to the discovery of admissible evidence.
Subject to the foregoing objections, CCSWB has made no such decision and therefore,
there are no documents responsive to this request in its possession, custody, or control.
REQUEST FOR PRODUCTION NO. 62: Produce all internal emails, texts, memos, and
DEFENDANT COCA-COLA SOUTHWEST BEVERAGES LLC’S OBJECTIONS
AND RESPONSES TO PLAINTIFF’S SECOND REQUESTS FOR PRODUCTION PAGE 4
other communications pertaining to any discussions or considerations by you or your predecessor
of whether this defendant should have a “safety man” or similar position wherein an employee’s
primary responsibility is to ensure the safety of operations at your facilities or over its drivers.
RESPONSE: CCSWB objects to this request because it is overbroad, unduly burdensome,
vague, and to the extent it seeks materials that are neither relevant nor reasonably
calculated to lead to the discovery of admissible evidence.
Subject to the foregoing objections, CCSWB has had a safety team and safety personnel
since it began its operations. CCSWB never considered operating Without a safety team or
safety personnel and therefore, there are no documents responsive to this request, as
worded, in its possession, custody, or control.
DEFENDANT COCA-COLA SOUTHWEST BEVERAGES LLC’S OBJECTIONS
AND RESPONSES TO PLAINTIFF’S SECOND REQUESTS FOR PRODUCTION PAGE 5
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.
Jennifer White on behalf of David Estes
Bar No. 24012599
jwhite@hartlinebarger.com
Envelope ID: 45019987
Status as of 07/31/2020 17:52:15 PM -05:00
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Debra Bell dbell@krcl.com 7/31/2020 5:51 :22 PM NOT SENT
Frank GCawley fcawley@whitehurstlaw.com 7/31/2020 5:51 :22 PM NOT SENT
Laura Garcia |garcia@krcl.com 7/31/2020 5:51 :22 PM NOT SENT
Kathleen Corcoran kcorcoran@whitehurstlaw.com 7/31/2020 5:51 :22 PM NOT SENT
Rosalinda Pleitez rpleitez@whitehurstlaw.com 7/31/2020 5:51 :22 PM NOT SENT
Kristi Mayne kmayne@whitehurstlaw.com 7/31/2020 5:51 :22 PM NOT SENT
Searcy Houston shouston@krcl.com 7/31/2020 5:51 :22 PM NOT SENT
David K.Ellender dellender@krcl.com 7/31/2020 5:51 :22 PM NOT SENT
Chris C.Pappas cpappas@krcl.com 7/31/2020 5:51 :22 PM NOT SENT
Robert Hilliard bobh@hmglawfirm.com 7/31/2020 5:51 :22 PM NOT SENT
John B.Martinez john@hmglawfirm.com 7/31/2020 5:51 :22 PM NOT SENT
Rudy Gonzalez, Jr. rudyg@hmglawfirm.com 7/31/2020 5:51 :22 PM NOT SENT
Catherine T.Hilliard catherine@hmglawfirm.com 7/31/2020 5:51 :22 PM NOT SENT
Bradford P.Klager brad@hmglawfirm.com 7/31/2020 5:51 :22 PM NOT SENT
Jessica J.Pritchett jpritchett@hmglawfirm.com 7/31/2020 5:51 :22 PM NOT SENT
John C.Duff jduff@hmglawfirm.com 7/31/2020 5:51 :22 PM NOT SENT
HMG Service HMGService@hmglawfirm.com 7/31/2020 5:51 :22 PM NOT SENT
Associated Case Party: COCA-COLA SOUTHWEST BEVERAGES LLC
Name
Amanda Saputo
Guy W.Swartz
Roxann Encizo
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.
Jennifer White on behalf of David Estes
Bar No. 24012599
jwhite@hartlinebarger.com
Envelope ID: 45019987
Status as of 07/31/2020 17:52:15 PM -05:00
Associated Case Party: COCA-COLA SOUTHWEST BEVERAGES LLC
David H.Estes destes@hartlinebarger.com 7/31/2020 5:51 :22 PM NOT SENT
Taylor Accountius taccountius@hartlinebarger.com 7/31/2020 5:51 :22 PM NOT SENT
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.
Laura Garcia on behalf of Bradford Klager
Bar No. 24012969
lgarcia@hmglawfirm.com
Envelope ID: 49294083
Status as of 12/31/2020 8:06 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Debra Bell dbell@krcl.com 12/30/2020 8:34:45 AM SENT
Frank GCawley fcawley@whitehurstlaw.com 12/30/2020 8:34:45 AM SENT
Amy DunnTaylor ataylor@krcl.com 12/30/2020 8:34:45 AM SENT
Kathleen Corcoran kcorcoran@whitehurstlaw.com 12/30/2020 8:34:45 AM SENT
Rosalinda Pleitez rpleitez@whitehurstlaw.com 12/30/2020 8:34:45 AM SENT
Laura Garcia lgarcia@krcl.com 12/30/2020 8:34:45 AM SENT
Chris C.Pappas cpappas@krcl.com 12/30/2020 8:34:45 AM SENT
Christina Richison crichison@krcl.com 12/30/2020 8:34:45 AM SENT
Kristi Mayne kmayne@whitehurstlaw.com 12/30/2020 8:34:45 AM SENT
Robert Hilliard bobh@hmglawfirm.com 12/30/2020 8:34:45 AM SENT
John B.Martinez john@hmglawfirm.com 12/30/2020 8:34:45 AM SENT
Rudy Gonzalez, Jr. rudyg@hmglawfirm.com 12/30/2020 8:34:45 AM SENT
Catherine T.Hilliard catherine@hmglawfirm.com 12/30/2020 8:34:45 AM SENT
Bradford P.Klager brad@hmglawfirm.com 12/30/2020 8:34:45 AM SENT
Jessica J.Pritchett jpritchett@hmglawfirm.com 12/30/2020 8:34:45 AM SENT
John C.Duff jduff@hmglawfirm.com 12/30/2020 8:34:45 AM SENT
HMG Service HMGService@hmglawfirm.com 12/30/2020 8:34:45 AM SENT
Associated Case Party: COCA-COLA SOUTHWEST BEVERAGES LLC
Name
David H.Estes
Guy W.Swartz
Roxann Encizo
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.
Laura Garcia on behalf of Bradford Klager
Bar No. 24012969
lgarcia@hmglawfirm.com
Envelope ID: 49294083
Status as of 12/31/2020 8:06 AM CST
Associated Case Party: COCA-COLA SOUTHWEST BEVERAGES LLC
Amanda Saputo asaputo@hartlinebarger.com 12/30/2020 8:34:45 AM SENT
Taylor Accountius taccountius@hartlinebarger.com 12/30/2020 8:34:45 AM SENT
Preview
FILED 12/28/2020 6:32 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS John P White DEPUTY CAUSE NO. DC-20-01687 ALEJANDRO MORENO, IN THE DISTRICT COURT Individually and 0n behalf of the Estate of JOSE EFREN MORENO, MAURA MEDINA DIAZ, MARIA PATRICIA MORENO MEDINA, JOSE FERMIN MORENO and FRANCISCO MORENO Plaintif VS. 95th JUDICIAL DISTRICT COCA-COLA SOUTHWEST BEVERAGES, LLC; TEXAS-COLA LEASING COMPANY, LP LLLP; And MICHAEL SCOTT BYRUM, Defendants. DALLAS COUNTY, TEXAS PLAINTIFFS’ MOTION TO COMPEL DEFENDANT COCA-COLA SOUTHWEST BEVERAGES, LLC’S RESPONSES TO PLAINTIFFS’ SECOND REQUESTS FOR PRODUCTION AND TO STRIKE OBJECTIONS TO THE HONORABLE JUDGE OF SAID COURT: COME NOW Plaintiffs, ALEJANDRO MORENO, Individually and on Behalf of the Estate of JOSE EFREN MORENO, MAURA MEDINA DIAZ, MARIA PATRICIA MORENO MEDINA, JOSE FERMIN MORENO and FRANCISCO MORENO, and makes and les this Motion to Compel Defendant Coca-Cola Beverages, LLC’s Responses to Plaintiffs’ Second Requests for Production and to Strike Objections. In support thereof, Plaintiffs would show the Court the following: I. BACKGROUND 1. Plaintiff, Mr. Moreno was burned and paralyzed and suffered for many months before he died after a speeding, distracted, and horrendously under-trained Coca-Cola driver rear- ’ Plaintijfs Motion to Compel Defendant Coca-Cola Southwest Beverages, LLC ’s Responses to Plaintiffs ’ Second 1 Requestfor Production and Strike Objections ended his vehicle. It has been at issue in this case whether Coca-Cola has a qualied full—time eet safety person or not. The attached discovery pertains to the existence and qualications of any alleged safety person(s) for Coca-Cola (See Exhibit A). Defendant’s objections to discovery are inappropriate and appear to conceal basic discoverable evidence. Plaintiffs therefore le this Motion to Compel Defendant Coca-Cola Southwest Beverages, LLC’s Responses to Plaintiffs’ Second Request for Production and Strike Objections, so that reliable discovery answers may be provided from Defendant in order to prepare for trial. II. ARGUMENT & AUTHORITIES 3. The purpose of discovery is to seek the truth, so disputes may be decided by what facts are revealed, not by what facts are concealed. Axelson, Inc. v. McIlhany, 798 S.W.2d 550, 555 (Tex. 1990). Discovery may be obtained about any matter relevant to the subject matter of the case. Tex. R. Civ. P. 192.3(a). Information is discoverable as long as it appears “reasonably calculated to lead to the discovery of admissible evidence.” Id. The party opposing discovery bears the burden of proving its objections. 4. Plaintiffs’ discovery requests are within the scope of discovery permitted by Texas Rule of Civil Procedure 192.3. Plaintiffs therefore seek an order compelling complete responses and removing any remaining objections to these requests. 5. Plaintiffs request that Defendant be compelled to remove their obj ections and/or assertion of privilege and answer more fully their responses to: a. Defendant Coca-Cola Southwest Beverages, LLC’s responses to Second Requests for Production Numbers: 58-62 (See Exhibit A). 6. Additionally, Plaintiffs seek the removal of the blanket objection preceding all responses to the Second Requests for Production (Exhibit A). Responses that are “obscured by ’ Plaintiffs Motion to Compel Defendant Coca-Cola Southwest Beverages, LLC ’s Responses to Plaintiffs ’ Second 2 Requestfor Production and Strike Objections numerous unfounded objections” are waived unless good cause is shown. TRCP 193.2(e). Defendant’s preliminary blanket objection purports to limit the scope of discovery by (a) citing to language in the Rules which pertains to the form of documents to be produced (as they are “kept in the ordinary course of business”), and (b) limits any search in “its records” to where they are “most apt to be found.” 7. The parties have not reached an agreement as to what documents or information were prepared in the ordinary course of business versus those prepared in anticipation of litigation. 8. Furthermore, limiting the search to a portion Coke’s internal business records is an improper limitation. The Texas Rules of Civil Procedure state, “A person is required to produce a document or tangible thing that is within the person’s possession, custody, or control.” TRCP 192.3(b). Modern trucking companies utilize third party companies to provide software and to communicate, manage employees, and conduct company business, including storage of data, such as communications, documents, geolocation information, driver monitoring video, driver and eet safety performance, etc. 9. Blanket objections are generally disfavored. Coke’s preliminary objection may conceal the failure to disclose discoverable information. Therefore, it should also be stricken, so that Plaintiffs may have clear and complete responses to these discovery requests. III. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that, upon hearing hereof, Defendant, Coca—Cola Southwest Beverages, LLC, be ordered to completely and fully respond to Plaintiffs’ Second Requests for Production as listed above, within ve (5) days, and for such and further relief that may be awarded at law or in equity. ’ ’ Plaintiffs Motion to Compel Defendant Coca-Cola Southwest Beverages, LLC ’s Responses to Plaintzfs Second 3 Requestfor Production and Strike Objections Respectfully submitted, HILLIARD MARTINEZ GONZALES LLP By: /s/ Bradford P. Klager Robert C. Hilliard State Bar No. 09677700 Email: bobh@hmglawrm.com John B. Martinez State Bar No. 240 1 02 1 2 Email: john@hmglawrm.com Rudy Gonzales, Jr. State Bar No. 0812 1 700 Email: rudyg@hmglawrm.com Catherine T. Hilliard State Bar No. 2401 3642 Email: catherine@hmglawrm.com Bradford P. Klager State Bar No. 240 1 2969 Email: brad@hmglawrm.com 719 S. Shoreline Boulevard Corpus Christi, Texas 78401 Telephone No.: 361.882.1612 Facsimile No.: 361 882.30 1 5 hmgservice@hmglawrm.com *serVice by e-mail to this address only ATTORNEYS FOR PLAINTIFFS ’ ’ Plaintts Motion to Compel Defendant Coca-Cola Southwest Beverages, LLC ’s Responses to Plainttfs Second 4 Requestfor Production and Strike Objections CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing instrument was forwarded to the following counsel of record on this 28th day of December 2020. Via ECF: David H. Estes Amanda A. Saputo Guy W. Swartz HARTLINE BARGER, LLP 8750 North Central Expressway, Suite 1600 Dallas, Texas 75231 Attorneysfor Defendant Coca-Cola Southwest Beverages, LLC and Texas-Cola Leasing Company, LP LLLP Via ECF: Frank G. Cawley P. Marcus White Thomas S. Howery WHITEHURST & CAWLEY, L.L.P. 16300 Addison Road, Suite 100 Addison, Texas 75001 Attorneyfor Defendant Michael Scott Byrum /s/ Bradford P. Klager Bradford P. Klager ’ ’ Plainas Motion to Compel Defendant Coca-Cola Southwest Beverages, LLC ’s Responses to Plaintzf Second 5 Requestfor Production and Strike Objections CAUSE NO. DC-20-01687 ALEJANDRO MORENO, IN THE DISTRICT COURT Individually and 0n behalf of the Estate of JOSE EFREN MORENO, MAURA MEDINA DIAZ, MARIA PATRICIA MORENO MEDINA, JOSE FERMIN MORENO and FRANCISCO MORENO Plaintis, VS. 95TH JUDICIAL DISTRICT COCA-COLA SOUTHWEST BEVERAGES, LLC, TEXAS-COLA LEASING COMPANY LP, LLLP; and MICHAEL SCOTT BYRUM Defendants. DALLAS COUNTY, TEXAS DEFENDANT COCA-COLA SOUTHWEST BEVERAGES, LLC’S OBJECTIONS AND RESPONSES TO PLAINTIFFS’ SECOND REQUESTS FOR PRODUCTION To: Plaintiff Alejandro Moreno, Individually and on behalf of the Estate of Jose Efren Moreno, Maura Medina Diaz, Maria Patricia Moreno Medina, Jose Fermin Moreno, and Francisco Moreno, by and through their attorneys of record, Robert C. Hilliard, John B. Martinez, Rudy Gonzales, Jr., Catherine T. Hilliard, Bradford P. Klager, Jessica J. Pritchett, John C. Duff, Hilliard Martinez Gonzales LLP, 719 S. Shoreline Boulevard, Corpus Christi, Texas 78401. Defendant Coca-Cola Southwest Beverages LLC (“CCSWB”) serves its Objections and Responses to Plaintiff‘s Second Requests for Production pursuant to Rule 196 of the Texas Rules of Civil Procedure. EXHIBIT A DEFENDANT COCA-COLA SOUTHWEST BEVERAGES LLC’S OBJECTIONS AND RESPONSES TO PLAINTIFF’S SECOND REQUESTS FOR PRODUCTION PAGE 1 Respectfully submitted, /s/David H. Estes DAVID H. ESTES State Bar No. 24012599 AMANDA A. SAPUTO State Bar No. 24100984 GUY W. SWARTZ State Bar No. 24083928 HARTLINE BARGER LLP 8750 North Central Expressway, Suite 1600 Dallas, Texas 75231 (214) 369-2100 (2 14) 369-21 18 (fax) destes@hartlinebarger.com asaputo@hartlinebarger.corn gswartzézlhartlinebargercom ATTORNEYS FOR DEFENDANTS COCA- COLA SOUTHWEST BEVERAGES LLC AND TEXAS-COLA LEASING COMPANY, LP LLLP CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document has been forwarded to all known counsel of record in accordance with the Texas Rules of Civil Procedure on this 3 l“ day of July, 2020. /s/David H. Estes DAVID H. ESTES DEFENDANT COCA-COLA SOUTHWEST BEVERAGES LLC’S OBJECTIONS AND RESPONSES TO PLAINTIFF’S SECOND REQUESTS FOR PRODUCTION PAGE 2 PRELINIINARY OBJECTIONS A. Scope of Responses In responding to Plaintiff‘s Requests, CCSWB has conducted, is conducting or will conduct a reasonably diligent search of those sections of its records, kept in the ordinary course of business, where materials responsive to these Requests are most apt to be found. To the extent Plaintiff‘s Requests ask CCSWB to take any action other than this, CCSWB objects because the Requests are overly broad and unduly burdensome. DEFENDANT COCA-COLA SOUTHWEST BEVERAGES LLC’S OBJECTIONS AND RESPONSES TO PLAINTIFF’S SECOND REQUESTS FOR PRODUCTION PAGE 3 CCSWB’S OBJECTIONS AND RESPONSES TO PLAINTIFFS’ SECOND REQUESTS FOR PRODUCTION REQUEST FOR PRODUCTION NO. 58: If you objected or failed to unequivocally admit any of the preceding Requests for Admission, then please produce the employment le of the person, whose existence or employment was the reason for your failure to so admit. RESPONSE: CCSWB objects t0 this request because it is harassing, overbroad, unduly burdensome, vague and ambiguous, and seeks materials that are neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. REQUEST FOR PRODUCTION NO. 59: If you objected or failed to unequivocally admit any of the preceding Requests for Admission, then please produce the employment le of each safety and and/or person Whose primary responsibility was safety, employed at the defendant driver’s place of business and/or who ad supervisory powers over him (from whatever location he was employed). RESPONSE: CCSWB objects to this request because it is harassing, overbroad, unduly burdensome, vague and ambiguous, and to the extent it seeks materials that are neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. REQUEST FOR PRODUCTION NO. 60: Produce all internal emails, texts, memos, and other communications pertaining to the decision by you or your predecessor not to have a “safety man” or similar position wherein an employee’s primary responsibility is to ensure the safety of operations at your facilities or over your drivers. RESPONSE: CCSWB objects to this request because it is harassing, overbroad, unduly burdensome, vague, argumentative, and to the extent it seeks materials that are neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Subject to the foregoing objections, CCSWB has made no such decision and therefore, there are no documents responsive to this request in its possession, custody, or control. REQUEST FOR PRODUCTION NO. 61: Produce all internal emails, texts, memos, and other communications pertaining to the decision by you or your predecessor to eliminate the position of “safety man” or similar position wherein an employee’s primary responsibility is to ensure the safety of operations at your facilities or over your drivers. RESPONSE: CCSWB objects to this request because it is overbroad, unduly burdensome, vague, argumentative, and to the extent it seeks materials that are neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Subject to the foregoing objections, CCSWB has made no such decision and therefore, there are no documents responsive to this request in its possession, custody, or control. REQUEST FOR PRODUCTION NO. 62: Produce all internal emails, texts, memos, and DEFENDANT COCA-COLA SOUTHWEST BEVERAGES LLC’S OBJECTIONS AND RESPONSES TO PLAINTIFF’S SECOND REQUESTS FOR PRODUCTION PAGE 4 other communications pertaining to any discussions or considerations by you or your predecessor of whether this defendant should have a “safety man” or similar position wherein an employee’s primary responsibility is to ensure the safety of operations at your facilities or over its drivers. RESPONSE: CCSWB objects to this request because it is overbroad, unduly burdensome, vague, and to the extent it seeks materials that are neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Subject to the foregoing objections, CCSWB has had a safety team and safety personnel since it began its operations. CCSWB never considered operating Without a safety team or safety personnel and therefore, there are no documents responsive to this request, as worded, in its possession, custody, or control. DEFENDANT COCA-COLA SOUTHWEST BEVERAGES LLC’S OBJECTIONS AND RESPONSES TO PLAINTIFF’S SECOND REQUESTS FOR PRODUCTION PAGE 5 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. Jennifer White on behalf of David Estes Bar No. 24012599 jwhite@hartlinebarger.com Envelope ID: 45019987 Status as of 07/31/2020 17:52:15 PM -05:00 Case Contacts Name BarNumber Email TimestampSubmitted Status Debra Bell dbell@krcl.com 7/31/2020 5:51 :22 PM NOT SENT Frank GCawley fcawley@whitehurstlaw.com 7/31/2020 5:51 :22 PM NOT SENT Laura Garcia |garcia@krcl.com 7/31/2020 5:51 :22 PM NOT SENT Kathleen Corcoran kcorcoran@whitehurstlaw.com 7/31/2020 5:51 :22 PM NOT SENT Rosalinda Pleitez rpleitez@whitehurstlaw.com 7/31/2020 5:51 :22 PM NOT SENT Kristi Mayne kmayne@whitehurstlaw.com 7/31/2020 5:51 :22 PM NOT SENT Searcy Houston shouston@krcl.com 7/31/2020 5:51 :22 PM NOT SENT David K.Ellender dellender@krcl.com 7/31/2020 5:51 :22 PM NOT SENT Chris C.Pappas cpappas@krcl.com 7/31/2020 5:51 :22 PM NOT SENT Robert Hilliard bobh@hmglawfirm.com 7/31/2020 5:51 :22 PM NOT SENT John B.Martinez john@hmglawfirm.com 7/31/2020 5:51 :22 PM NOT SENT Rudy Gonzalez, Jr. rudyg@hmglawfirm.com 7/31/2020 5:51 :22 PM NOT SENT Catherine T.Hilliard catherine@hmglawfirm.com 7/31/2020 5:51 :22 PM NOT SENT Bradford P.Klager brad@hmglawfirm.com 7/31/2020 5:51 :22 PM NOT SENT Jessica J.Pritchett jpritchett@hmglawfirm.com 7/31/2020 5:51 :22 PM NOT SENT John C.Duff jduff@hmglawfirm.com 7/31/2020 5:51 :22 PM NOT SENT HMG Service HMGService@hmglawfirm.com 7/31/2020 5:51 :22 PM NOT SENT Associated Case Party: COCA-COLA SOUTHWEST BEVERAGES LLC Name Amanda Saputo Guy W.Swartz Roxann Encizo 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. Jennifer White on behalf of David Estes Bar No. 24012599 jwhite@hartlinebarger.com Envelope ID: 45019987 Status as of 07/31/2020 17:52:15 PM -05:00 Associated Case Party: COCA-COLA SOUTHWEST BEVERAGES LLC David H.Estes destes@hartlinebarger.com 7/31/2020 5:51 :22 PM NOT SENT Taylor Accountius taccountius@hartlinebarger.com 7/31/2020 5:51 :22 PM NOT SENT 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. Laura Garcia on behalf of Bradford Klager Bar No. 24012969 lgarcia@hmglawfirm.com Envelope ID: 49294083 Status as of 12/31/2020 8:06 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Debra Bell dbell@krcl.com 12/30/2020 8:34:45 AM SENT Frank GCawley fcawley@whitehurstlaw.com 12/30/2020 8:34:45 AM SENT Amy DunnTaylor ataylor@krcl.com 12/30/2020 8:34:45 AM SENT Kathleen Corcoran kcorcoran@whitehurstlaw.com 12/30/2020 8:34:45 AM SENT Rosalinda Pleitez rpleitez@whitehurstlaw.com 12/30/2020 8:34:45 AM SENT Laura Garcia lgarcia@krcl.com 12/30/2020 8:34:45 AM SENT Chris C.Pappas cpappas@krcl.com 12/30/2020 8:34:45 AM SENT Christina Richison crichison@krcl.com 12/30/2020 8:34:45 AM SENT Kristi Mayne kmayne@whitehurstlaw.com 12/30/2020 8:34:45 AM SENT Robert Hilliard bobh@hmglawfirm.com 12/30/2020 8:34:45 AM SENT John B.Martinez john@hmglawfirm.com 12/30/2020 8:34:45 AM SENT Rudy Gonzalez, Jr. rudyg@hmglawfirm.com 12/30/2020 8:34:45 AM SENT Catherine T.Hilliard catherine@hmglawfirm.com 12/30/2020 8:34:45 AM SENT Bradford P.Klager brad@hmglawfirm.com 12/30/2020 8:34:45 AM SENT Jessica J.Pritchett jpritchett@hmglawfirm.com 12/30/2020 8:34:45 AM SENT John C.Duff jduff@hmglawfirm.com 12/30/2020 8:34:45 AM SENT HMG Service HMGService@hmglawfirm.com 12/30/2020 8:34:45 AM SENT Associated Case Party: COCA-COLA SOUTHWEST BEVERAGES LLC Name David H.Estes Guy W.Swartz Roxann Encizo 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. Laura Garcia on behalf of Bradford Klager Bar No. 24012969 lgarcia@hmglawfirm.com Envelope ID: 49294083 Status as of 12/31/2020 8:06 AM CST Associated Case Party: COCA-COLA SOUTHWEST BEVERAGES LLC Amanda Saputo asaputo@hartlinebarger.com 12/30/2020 8:34:45 AM SENT Taylor Accountius taccountius@hartlinebarger.com 12/30/2020 8:34:45 AM SENT