Preview
FILED
8/3/2021 6:58 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Miranda Lynch DEPUTY
CAUSE NO. DC-20-01687
ALEJANDRO MORENO, IN THE DISTRICT COURT
§§§§§§§§§§§§§§§§§
Individually and on behalf of the Estate
of JOSE EFREN MORENO, MAURA
MEDINA DIAZ, MARIA PATRICIA
MORENO MEDINA, JOSE FERMIN
MORENO and FRANCISCO MORENO,
Plaintififs,
VS. 95th JUDICIAL DISTRICT
COCA-COLA SOUTHWEST
BEVERAGES, LLC, and MICHAEL
SCOTT BYRUM,
Defendants. DALLAS COUNTY, TEXAS
PLAINTIFFS’ NOTICE OF INTENTION TO TAKE THE ORAL AND VIDEO
DEPOSITION OF RODNEY SOWARDS WITH SUBPOENA DUCES TECUM
TO: Defendant, Coca-Cola Southwest Beverages, LLC, by and through its attorney of record,
David H. Estes, HARTLINE BARGER, LLP, 8750 North Central Expressway, Suite 1600,
Dallas, Texas 75231.
Defendant, Michael Scott Byrum, by and through his attorney of record Frank G. Cawley,
P. Marcus White, Thomas S. Howery, WHITEHURST & CAWLEY, L.L.P., 16300 Addison
Road, Suite100, Addison, Texas 75001.
PLEASE TAKE NOTICE that pursuant to Rule 199 of the Texas Rules of Civil Procedure,
Plaintiffs intend to take the oral/Video deposition of RODNEY SOWARDS in the above-referenced
matter, on Tuesday, August 17, 2021 at 9:00 a.m. Plaintiffs will take the deposition of Rodney
Sowards by remote audio-Video conference.
Please Take Further Notice that:
l. The deposition will be conducted remotely, using audio-Visual conference
technology;
’
Plaintiflfs Notice ofIntent to Take the Oral/ Video Deposition of Rodney Sowards Page 1 of 6
and Subpoena Duces Tecum
2. The court reporter will report the deposition from a location separate from the
witness;
3. Counsel for the parties and their clients will be participating from various, separate
locations;
4. The court reporter will administer the oath to the witness remotely;
5. The witness will be required to provide government-issued identification satisfactory
to the court reporter, and this identification must be legible on camera;
6. Each participating attorney may be Visible to all other participants, and their
statements will be audible to all participants;
7. All exhibits will be provided simultaneously and electronically to the witness and all
participants;
8. The court reporter will record the testimony;
9. The deposition may be recorded electronically; and
10. Counsel for all parties will be required to stipulate on the record:
a. Their consent to this manner of deposition; and
b. Their waiver of any objection to this manner of deposition, including any
objection to the admissibility at trial of this testimony based on this manner
of deposition.
Please take further notice that in connection with the taking of this deposition, attached as
Exhibit “A” is a subpoena duces tecum. Pursuant to Tex. R. Civ. P. 199.2(b)(5), the witness is
hereby requested to provide to the undersigned, physically or electronically, no later than Friday,
August 13, 2021 by 5:00 p.m. (CST) the materials set forth on the attached identified in Exhibit
“A.”
Said deposition to be conducted by Infinity Reporting Group, LLC, 11200 Richmond
Avenue, Suite 410, Houston, Texas 77082, Phone: (832) 930-4484. You are hereby notified that
Plaintiffs may use this deposition at trial for any purpose, including direct testimony as permitted by
’
Plaintiflfs Notice ofIntent to Take the Oral/ Video Deposition of Rodney Sowards Page 2 of 6
and Subpoena Duces Tecum
the Texas Rules of Civil Procedure or the Texas Rules of Evidence.
Respectfully submitted,
HILLIARD MARTINEZ GONZALES LLP
By: /s/ Alexander Hilliard
Robert C. Hilliard
State Bar No. 09677700
bobh@hmglawfirm.com
John B. Martinez
State Bar No. 24010212
john@hmglawfirm.com
Rudy Gonzales, Jr.
State Bar No. 08121700
rudyg@hmglawfirm.com
Catherine T. Hilliard
State Bar No. 24013642
catherine@hmglawfirm.com
Marion M. Reilly
State Bar No. 24079195
marion@hmglawfirm.com
Bradford P. Klager
State Bar No. 24012969
brad@hmglawfirrn.com
Alexander Hilliard
State Bar No. 24099145
alex@hmglawfirm.com
Ana Zabalgoitia
State Bar No. 24093915
ana@hmglawfirm.com
*HMGService@hmglawfirmxom
*Email for service of pleadings
719 S. Shoreline Boulevard
Corpus Christi, Texas 78401
Telephone No.: 361.882.1612
Facsimile No.: 361.882.3015
-And-
’
Plaintiflfs Notice ofIntent to Take the Oral/ Video Deposition of Rodney Sowards Page 3 of 6
and Subpoena Duces Tecum
BEN CRUMP LAW, PLLC
Benjamin L. Crump
State Bar No. 72583
Ben@bencrump.com
122 S. Calhoun Street
Tallahassee, FL 32301
Telephone No.2 (850) 224-2020
Facsimile No.: (850) 224-2021
Service E-Mail: Court@bencrump.com
ATTORNEYS FOR PLAINTIFFS
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument has been forwarded
to all counsel of record, in accordance with the Texas Rules of CiVil Procedure, on this the 3rd day of
August, 2021.
’
Plaintiflfs Notice ofIntent to Take the Oral/ Video Deposition of Rodney Sowards Page 4 of 6
and Subpoena Duces Tecum
EXHIBIT “A”
SUBPOENA DUCES TECUM
1. Your current curriculum vitae.
2. A list of all cases in which you have provided testimony at trial or by deposition in the past
five (10) years, including the case name, court in which it was pending, date of testimony,
the names of the attorneys involved, and whether such case involved a rear-end collision,
speeding by a commercial driver, or distracted driving by a commercial driver.
3. A complete copy of your file in this matter.
4. All written reports generated by you in connection with this matter, including any draft
reports.
3. All time records of tasks performed by you or anyone with or acting on your behalf in
connection with the present suit, showing, to the extent possible: (a) the person whose time is
recorded; (b) the amount of time recorded; and (c) the tasks or action performed during such
time period.
4. All written communications, records, and/or notes regarding any communications between
you and any one or more of the following: (a) Defendants; (b) other experts of Defendants;
(c) anyone associated with the attorneys of Defendants; and (d) any expert concerning any
aspect of the matters involved in the present action.
5. All statements or invoices prepared by you or on your behalf covering any of your services
in connection with the present action.
6. All documents that you reviewed and relied on in reaching your opinions and conclusions.
7. All documents prepared by you at the request of on behalf of Defendants, or their attorneys,
in connections with the present action.
8. All notes and highlighted documents generated by you, or provided to you, in connection
with this matter.
9. All documents prepared by a consulting expert, including employees used as consulting
experts, whose mental impressions, opinions, or work product that you reviewed and relied
on in reaching your opinions and conclusions.
10. All documents, including, but not limited to, reports prepared or provided by counsel for
Plaintiffs, that you reviewed in connection with the present action.
1 1. All documents that contain, discuss refer, or relate to the agreement between (a) Defendants
’
Plaintiflfs Notice ofIntent to Take the Oral/ Video Deposition of Rodney Sowards Page 5 of 6
and Subpoena Duces Tecum
and their counsel; and (b) you with respect to your employment in this case and the financial
consideration you have or will receive for such employment.
12. All books, literature, publications, standards, treatises and/or studies that you reviewed or
that you relied upon, referred to, or form the basis of your analysis, calculations, and
conclusions in this matter.
13. All publications authored by you.
14. All exhibits, PowerPoints, slides, diagrams, drawings, charts, excerpts of testimony or other
documents, or graphics generated by you in connection with this matter.
15. All emails and other communications between you or your staff and counsel for
Defendant(s).
’
Plaintiflfs Notice ofIntent to Take the Oral/ Video Deposition of Rodney Sowards Page 6 of 6
and Subpoena Duces Tecum
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.
Annabel Garza on behalf of Alex Hilliard
Bar No. 24099145
agarza@hmglawfirm.com
Envelope ID: 55976455
Status as of 8/4/2021 11:54 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Debra Bell dbell@krcl.com 8/3/2021 6:58:11 PM SENT
Frank GCawley fcawley@whitehurstlaw.com 8/3/2021 6:58:11 PM SENT
Tyler D.Henke| tylerhenkel@warejackson.com 8/3/2021 6:58:11 PM SENT
Don Jackson donjackson@warejackson.com 8/3/2021 6:58:11 PM SENT
Kristi Mayne kmayne@whitehurstlaw.com 8/3/2021 6:58:11 PM SENT
Kathleen Corcoran kcorcoran@whitehurstlaw.com 8/3/2021 6:58:11 PM SENT
Rosalinda Pleitez rpleitez@whitehurstlaw.com 8/3/2021 6:58:11 PM SENT
Laura Garcia lgarcia@krcl.com 8/3/2021 6:58:11 PM SENT
Debbie Perry dperry@yettercoleman.com 8/3/2021 6:58:11 PM SENT
Robert Hilliard bobh@hmglawfirm.com 8/3/2021 6:58:11 PM SENT
John B.Martinez john@hmglawfirm.com 8/3/2021 6:58:11 PM SENT
Chris C.Pappas cpappas@krcl.com 8/3/2021 6:58:11 PM SENT
Rudy Gonzalez, Jr. rudyg@hmglawfirm.com 8/3/2021 6:58:11 PM SENT
Catherine T.Hilliard catherine@hmglawfirm.com 8/3/2021 6:58:11 PM SENT
Bradford P.Klager brad@hmglawfirm.com 8/3/2021 6:58:11 PM SENT
Jessica J.Pritchett jpritchett@hmglawfirm.com 8/3/2021 6:58:11 PM SENT
John C.Duff jduff@hmglawfirm.com 8/3/2021 6:58:11 PM SENT
HMG Service HMGService@hmgla\A/firm.com 8/3/2021 6:58:11 PM SENT
Ben Crump court@bencrump.com 8/3/2021 6:58:11 PM SENT
Reagan W.Simpson rsimpson@yettercoleman.com 8/3/2021 6:58:11 PM SENT
Dennis Barrow dennisbarrow@warejackson.com 8/3/2021 6:58:11 PM SENT
Courtney Burton cburton@krcl.com 8/3/2021 6:58:11 PM SENT
Kiara Gradney kiaragradney@warejackson.com 8/3/2021 6:58:11 PM SENT
Associated Case Party: COCA-COLA SOUTHWEST BEVERAGES LLC
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.
Annabel Garza on behalf of Alex Hilliard
Bar No. 24099145
agarza@hmglawfirm.com
Envelope ID: 55976455
Status as of 8/4/2021 11:54 AM CST
Associated Case Party: COCA-COLA SOUTHWEST BEVERAGES LLC
Name BarNumber Email TimestampSubmitted Status
David H.Estes destes@hartlinebarger.com 8/3/2021 6:58:11 PM SENT
Guy W.Swartz GSwartz@hartlinebarger.com 8/3/2021 6:58:11 PM SENT
Roxann Encizo rencizo@hartlinebarger.com 8/3/2021 6:58:11 PM SENT
Amanda Saputo asaputo@hartlinebarger.com 8/3/2021 6:58:11 PM SENT
Taylor Accountius taccou ntius@hartlinebarger.com 8/3/2021 6:58:11 PM SENT
Preview
FILED 8/3/2021 6:58 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Miranda Lynch DEPUTY CAUSE NO. DC-20-01687 ALEJANDRO MORENO, IN THE DISTRICT COURT §§§§§§§§§§§§§§§§§ Individually and on behalf of the Estate of JOSE EFREN MORENO, MAURA MEDINA DIAZ, MARIA PATRICIA MORENO MEDINA, JOSE FERMIN MORENO and FRANCISCO MORENO, Plaintififs, VS. 95th JUDICIAL DISTRICT COCA-COLA SOUTHWEST BEVERAGES, LLC, and MICHAEL SCOTT BYRUM, Defendants. DALLAS COUNTY, TEXAS PLAINTIFFS’ NOTICE OF INTENTION TO TAKE THE ORAL AND VIDEO DEPOSITION OF RODNEY SOWARDS WITH SUBPOENA DUCES TECUM TO: Defendant, Coca-Cola Southwest Beverages, LLC, by and through its attorney of record, David H. Estes, HARTLINE BARGER, LLP, 8750 North Central Expressway, Suite 1600, Dallas, Texas 75231. Defendant, Michael Scott Byrum, by and through his attorney of record Frank G. Cawley, P. Marcus White, Thomas S. Howery, WHITEHURST & CAWLEY, L.L.P., 16300 Addison Road, Suite100, Addison, Texas 75001. PLEASE TAKE NOTICE that pursuant to Rule 199 of the Texas Rules of Civil Procedure, Plaintiffs intend to take the oral/Video deposition of RODNEY SOWARDS in the above-referenced matter, on Tuesday, August 17, 2021 at 9:00 a.m. Plaintiffs will take the deposition of Rodney Sowards by remote audio-Video conference. Please Take Further Notice that: l. The deposition will be conducted remotely, using audio-Visual conference technology; ’ Plaintiflfs Notice ofIntent to Take the Oral/ Video Deposition of Rodney Sowards Page 1 of 6 and Subpoena Duces Tecum 2. The court reporter will report the deposition from a location separate from the witness; 3. Counsel for the parties and their clients will be participating from various, separate locations; 4. The court reporter will administer the oath to the witness remotely; 5. The witness will be required to provide government-issued identification satisfactory to the court reporter, and this identification must be legible on camera; 6. Each participating attorney may be Visible to all other participants, and their statements will be audible to all participants; 7. All exhibits will be provided simultaneously and electronically to the witness and all participants; 8. The court reporter will record the testimony; 9. The deposition may be recorded electronically; and 10. Counsel for all parties will be required to stipulate on the record: a. Their consent to this manner of deposition; and b. Their waiver of any objection to this manner of deposition, including any objection to the admissibility at trial of this testimony based on this manner of deposition. Please take further notice that in connection with the taking of this deposition, attached as Exhibit “A” is a subpoena duces tecum. Pursuant to Tex. R. Civ. P. 199.2(b)(5), the witness is hereby requested to provide to the undersigned, physically or electronically, no later than Friday, August 13, 2021 by 5:00 p.m. (CST) the materials set forth on the attached identified in Exhibit “A.” Said deposition to be conducted by Infinity Reporting Group, LLC, 11200 Richmond Avenue, Suite 410, Houston, Texas 77082, Phone: (832) 930-4484. You are hereby notified that Plaintiffs may use this deposition at trial for any purpose, including direct testimony as permitted by ’ Plaintiflfs Notice ofIntent to Take the Oral/ Video Deposition of Rodney Sowards Page 2 of 6 and Subpoena Duces Tecum the Texas Rules of Civil Procedure or the Texas Rules of Evidence. Respectfully submitted, HILLIARD MARTINEZ GONZALES LLP By: /s/ Alexander Hilliard Robert C. Hilliard State Bar No. 09677700 bobh@hmglawfirm.com John B. Martinez State Bar No. 24010212 john@hmglawfirm.com Rudy Gonzales, Jr. State Bar No. 08121700 rudyg@hmglawfirm.com Catherine T. Hilliard State Bar No. 24013642 catherine@hmglawfirm.com Marion M. Reilly State Bar No. 24079195 marion@hmglawfirm.com Bradford P. Klager State Bar No. 24012969 brad@hmglawfirrn.com Alexander Hilliard State Bar No. 24099145 alex@hmglawfirm.com Ana Zabalgoitia State Bar No. 24093915 ana@hmglawfirm.com *HMGService@hmglawfirmxom *Email for service of pleadings 719 S. Shoreline Boulevard Corpus Christi, Texas 78401 Telephone No.: 361.882.1612 Facsimile No.: 361.882.3015 -And- ’ Plaintiflfs Notice ofIntent to Take the Oral/ Video Deposition of Rodney Sowards Page 3 of 6 and Subpoena Duces Tecum BEN CRUMP LAW, PLLC Benjamin L. Crump State Bar No. 72583 Ben@bencrump.com 122 S. Calhoun Street Tallahassee, FL 32301 Telephone No.2 (850) 224-2020 Facsimile No.: (850) 224-2021 Service E-Mail: Court@bencrump.com ATTORNEYS FOR PLAINTIFFS CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to all counsel of record, in accordance with the Texas Rules of CiVil Procedure, on this the 3rd day of August, 2021. ’ Plaintiflfs Notice ofIntent to Take the Oral/ Video Deposition of Rodney Sowards Page 4 of 6 and Subpoena Duces Tecum EXHIBIT “A” SUBPOENA DUCES TECUM 1. Your current curriculum vitae. 2. A list of all cases in which you have provided testimony at trial or by deposition in the past five (10) years, including the case name, court in which it was pending, date of testimony, the names of the attorneys involved, and whether such case involved a rear-end collision, speeding by a commercial driver, or distracted driving by a commercial driver. 3. A complete copy of your file in this matter. 4. All written reports generated by you in connection with this matter, including any draft reports. 3. All time records of tasks performed by you or anyone with or acting on your behalf in connection with the present suit, showing, to the extent possible: (a) the person whose time is recorded; (b) the amount of time recorded; and (c) the tasks or action performed during such time period. 4. All written communications, records, and/or notes regarding any communications between you and any one or more of the following: (a) Defendants; (b) other experts of Defendants; (c) anyone associated with the attorneys of Defendants; and (d) any expert concerning any aspect of the matters involved in the present action. 5. All statements or invoices prepared by you or on your behalf covering any of your services in connection with the present action. 6. All documents that you reviewed and relied on in reaching your opinions and conclusions. 7. All documents prepared by you at the request of on behalf of Defendants, or their attorneys, in connections with the present action. 8. All notes and highlighted documents generated by you, or provided to you, in connection with this matter. 9. All documents prepared by a consulting expert, including employees used as consulting experts, whose mental impressions, opinions, or work product that you reviewed and relied on in reaching your opinions and conclusions. 10. All documents, including, but not limited to, reports prepared or provided by counsel for Plaintiffs, that you reviewed in connection with the present action. 1 1. All documents that contain, discuss refer, or relate to the agreement between (a) Defendants ’ Plaintiflfs Notice ofIntent to Take the Oral/ Video Deposition of Rodney Sowards Page 5 of 6 and Subpoena Duces Tecum and their counsel; and (b) you with respect to your employment in this case and the financial consideration you have or will receive for such employment. 12. All books, literature, publications, standards, treatises and/or studies that you reviewed or that you relied upon, referred to, or form the basis of your analysis, calculations, and conclusions in this matter. 13. All publications authored by you. 14. All exhibits, PowerPoints, slides, diagrams, drawings, charts, excerpts of testimony or other documents, or graphics generated by you in connection with this matter. 15. All emails and other communications between you or your staff and counsel for Defendant(s). ’ Plaintiflfs Notice ofIntent to Take the Oral/ Video Deposition of Rodney Sowards Page 6 of 6 and Subpoena Duces Tecum 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. Annabel Garza on behalf of Alex Hilliard Bar No. 24099145 agarza@hmglawfirm.com Envelope ID: 55976455 Status as of 8/4/2021 11:54 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Debra Bell dbell@krcl.com 8/3/2021 6:58:11 PM SENT Frank GCawley fcawley@whitehurstlaw.com 8/3/2021 6:58:11 PM SENT Tyler D.Henke| tylerhenkel@warejackson.com 8/3/2021 6:58:11 PM SENT Don Jackson donjackson@warejackson.com 8/3/2021 6:58:11 PM SENT Kristi Mayne kmayne@whitehurstlaw.com 8/3/2021 6:58:11 PM SENT Kathleen Corcoran kcorcoran@whitehurstlaw.com 8/3/2021 6:58:11 PM SENT Rosalinda Pleitez rpleitez@whitehurstlaw.com 8/3/2021 6:58:11 PM SENT Laura Garcia lgarcia@krcl.com 8/3/2021 6:58:11 PM SENT Debbie Perry dperry@yettercoleman.com 8/3/2021 6:58:11 PM SENT Robert Hilliard bobh@hmglawfirm.com 8/3/2021 6:58:11 PM SENT John B.Martinez john@hmglawfirm.com 8/3/2021 6:58:11 PM SENT Chris C.Pappas cpappas@krcl.com 8/3/2021 6:58:11 PM SENT Rudy Gonzalez, Jr. rudyg@hmglawfirm.com 8/3/2021 6:58:11 PM SENT Catherine T.Hilliard catherine@hmglawfirm.com 8/3/2021 6:58:11 PM SENT Bradford P.Klager brad@hmglawfirm.com 8/3/2021 6:58:11 PM SENT Jessica J.Pritchett jpritchett@hmglawfirm.com 8/3/2021 6:58:11 PM SENT John C.Duff jduff@hmglawfirm.com 8/3/2021 6:58:11 PM SENT HMG Service HMGService@hmgla\A/firm.com 8/3/2021 6:58:11 PM SENT Ben Crump court@bencrump.com 8/3/2021 6:58:11 PM SENT Reagan W.Simpson rsimpson@yettercoleman.com 8/3/2021 6:58:11 PM SENT Dennis Barrow dennisbarrow@warejackson.com 8/3/2021 6:58:11 PM SENT Courtney Burton cburton@krcl.com 8/3/2021 6:58:11 PM SENT Kiara Gradney kiaragradney@warejackson.com 8/3/2021 6:58:11 PM SENT Associated Case Party: COCA-COLA SOUTHWEST BEVERAGES LLC 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. Annabel Garza on behalf of Alex Hilliard Bar No. 24099145 agarza@hmglawfirm.com Envelope ID: 55976455 Status as of 8/4/2021 11:54 AM CST Associated Case Party: COCA-COLA SOUTHWEST BEVERAGES LLC Name BarNumber Email TimestampSubmitted Status David H.Estes destes@hartlinebarger.com 8/3/2021 6:58:11 PM SENT Guy W.Swartz GSwartz@hartlinebarger.com 8/3/2021 6:58:11 PM SENT Roxann Encizo rencizo@hartlinebarger.com 8/3/2021 6:58:11 PM SENT Amanda Saputo asaputo@hartlinebarger.com 8/3/2021 6:58:11 PM SENT Taylor Accountius taccou ntius@hartlinebarger.com 8/3/2021 6:58:11 PM SENT