On July 16, 2021 a
Party Discovery
was filed
involving a dispute between
Boehler, Clay,
Boehler, Tammy,
Ellis, Al,
Glover, Michael,
Tarver, B.,
Tarver, Debbie,
Tarver, K.,
Tarver, Melissa,
Tarver, Randy,
and
Atmos Energy Corporation,
Bobcat Contracting, Llc,
Fesco, Ltd.,
for OTHER PERSONAL INJURY
in the District Court of Dallas County.
Preview
FILED
10/6/2022 2:13 PM
FELICIA PITRE
DISTRICT CLERK
No. DC-21-09308 DALLAS CO., TEXAS
Treva Parker-Ayodele DEPUTY
§ IN THE DISTRICT COURT OF
MELISSA TARVER, INDIVIDUALLY AND AS
REPRESENTATIVE OF THE ESTATE OF DERIC TARVER,
AND AS NEXT FRIEND OF B.T. AND K.T., MINORS, RANDY
TARVER AND DEBBIE TARVER
VS.
MICHAEL GLOVER
VS.
TAMMY BOEHLER, INDIVIDUALLY AND AS
REPRESENTATIVE OF THE ESTATE OF ETHAN KNIGHT,
AND CLAY BOEHLER
VS. DALLAS COUNTY, TEXAS
§
ATMOS ENERGY CORPORATION AND BOBCAT
CONTRACTING, LLC
VS.
ATMOS ENERGY CORPORATION AND BOBCAT
IN THE 192ND JUDICIAL DISTRICT
CONTRACTING, LLC
VS.
ATMOS ENERGY CORPORATION AND FESCO, LTD
NOTICE OF INTENTION
TO TAKE DEPOSITION BY WRITTEN QUESTIONS
To Plaintiffs(s) by and through their attorney(s) of record: BENNY AGOSTO
To other party/parties by and through their attorney(s) of record:
JACOB M. KARAM
STEVEN KHERKHER
LOREN G. KLITSAS
ZACHARY STONE
G. BRUCE PARKERSON
JENNIFER D. AUFRICHT
R. CLAY HOBLIT
You will please take notice that twenty (20) days from the service of a copy hereof with attached questions, a deposition
by written questions will be taken of Custodian of Records for: NATIONWIDE INSURANCE COMPANY OF
AMERICA C/O CORPORATION SERVICE COMPANY before a Notary Public for Compex Legal Services, Inc.
3201 Cherry Ridge Drive, Suite B207, San Antonio, TX 78230-4825 or its designated agent, which deposition with attached
questions may be used in evidence upon the trial of the above-styled and numbered cause pending in the above named court.
Notice is further given that request is hereby made as authorized under Rules 176 and 200, Texas Rules of Civil
Procedure, to the officer taking the deposition to issue a subpoena duces tecum and cause it to be served on the witness to produce
Any and all insurance records stored in any format, including but not limited to correspondence, payments, payment
history, policy information, declarations page, complete claim files, records of any liens, color photos, and damage repair
estimates, injury records or claim and any other documents contained within any insurance file and/or claim file pertaining
to Michael Glover Claim No. 565708GD Policy No. 7842A606222; DOL: 08/07/2016 And to turn all such records over to the
officer authorized to take this deposition so that photographic reproductions of the same may be made and attached to said
deposition.
Compex Order No. TX0044100-003
EMAIL: TEXASCS@COMPEXLEGAL.COM
SARAH H. LONG
WALTERS, BALIDO & CRAIN, L.L.P. -
LIBERTY/SAFECO
10440 NORTH CENTRAL EXPRESSWAY, 15TH
FLOOR
DALLAS, TX 75231
214-749-4805 FAX 214-760-1670
ATTORNEY FOR DEFENDANT
STATE BAR#: 24036798
/5/ Sam/L 4+. Lang
SARAH.LONG@WBCLAWFIRM.COM
I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to all Counsel of Record by hand
delivery, FAX, and/or certified mail, return receipt requested, on this day.
Dated: 09/28/2022 /5/ Sam/L 41—.
Lang
Compex Order No. TX0044100-003
EMAIL: TEXASCS@COMPEXLEGAL.COM
No. DC-21-09308
§ IN THE DISTRICT COURT OF
MELISSA TARVER, INDIVIDUALLY AND AS
REPRESENTATIVE OF THE ESTATE OF DERIC TARVER,
AND AS NEXT FRIEND OF B.T. AND K.T., MINORS, RANDY
TARVER AND DEBBIE TARVER
VS.
MICHAEL GLOVER
VS.
TAMMY BOEHLER, INDIVIDUALLY AND AS
REPRESENTATIVE OF THE ESTATE OF ETHAN KNIGHT,
AND CLAY BOEHLER
VS. § DALLAS COUNTY, TEXAS
§
ATMOS ENERGY CORPORATION AND BOBCAT
CONTRACTING, LLC
VS.
ATMOS ENERGY CORPORATION AND BOBCAT
IN THE 192ND JUDICIAL DISTRICT
CONTRACTING, LLC
VS.
ATMOS ENERGY CORPORATION AND FESCO, LTD
DIRECT QUESTIONS TO BE PROPOUNDED TO
THE CUSTODIAN OF RECORDS FOR:
NATIONWIDE INSURANCE COMPANY 0F AMERICA C/O CORPORATION SERVICE
COMPANY
From to
1. Please state your full name, occupation and official title.
Answer:
2. Please state by whom you are employed and the business address.
Answer:
3. Did you receive a subpoena for the production of records pertaining to Michael Glover ?
Answer:
4. Are the documents and or things pertaining to Michael Glover , as outlined in the subpoena duces tecum, in your custody or
subject to your control, supervision or direction?
Answer:
5. Have you provided copies of the documents and or things as listed in the subpoena, to be attached to this deposition? If not,
why not?
Answer:
6. If you answered “yes” to question no. 5, are the documents and or things which you have provided true and correct copies of
the originals?
Compex Order No. TXOO44 l 00-003
Page 1 of 2
Answer:
7. Were such documents and or things kept in the regular course of business of this facility?
Answer:
8. Was it regular course of business of this facility for a person with lmowledge of the acts, events, conditions, or opinion
recorded to make record or to transmit information thereof to be included in such record?
Answer:
9. Were the entries on these records made at or shortly afier the time of the transaction recorded?
Answer:
10. Was the method of preparation of these records trustworthy?
Answer:
WITNESS (Custodian of Records)
Before me, the undersigned authority, on this day personally appeared
known to me to be the person whose name is subscribed to the foregoing instrument in the capacity therein stated, who being first
duly sworn, stated upon his/her oath that the answers to the foregoing questions are true and correct. I further certify that the
records attached hereto are exact duplicates of the original records.
SWORN TO AND SUBSCRIBED before me this day of , 20
NOTARY PUBLIC
Compex Order No. TXOO44100-003
Page 2 of 2
Automated Certificate of eService
This automated certificate of service was created by the efiling system. The filer served this
document via email generated by the efiling system on the date and to the persons listed below.
The rules governing certificates of service have not changed. Filers must still provide a certificate
of service that complies with all applicable rules.
Envelope ID: 68973763
Status as of 10/6/2022 2:33 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Jennifer DAufricht jaufricht@thompsoncoe.com 10/6/2022 2:13:02 PM SENT
Renee Smith Renee.Smith@thompsoncoe.com 10/6/2022 2:13:02 PM SENT
Steven Joseph Kherkher 11375950 SKherkher-Team@KherkherGarcia.com 10/6/2022 2:13:02 PM SENT
Michael Dale Hudlow 24007403 mhudlow@hdr-Iaw.com 10/6/2022 2:13:02 PM SENT
Robin Clay Hoblit 9743100 hdrccservice@hdr-law.com 10/6/2022 2:13:02 PM SENT
Shari Welch swelch@awtxlaw.com 10/6/2022 2:13:02 PM SENT
Elva Jasso ejasso@thompsoncoe.com 10/6/2022 2:13:02 PM SENT
Jacob Karam jacob@thekaramlawoffice.com 10/6/2022 2:13:02 PM SENT
Edward AFesteryga edward@awtxlaw.com 10/6/2022 2:13:02 PM SENT
Briseida Martinez briseida@thekaramlawoffice.com 10/6/2022 2:13:02 PM SENT
BENNY AGOSTOJR bagosto@awtxlaw.com 10/6/2022 2:13:02 PM SENT
Jessica Pulliam jessicapuIliam@bakerbotts.com 10/6/2022 2:13:02 PM SENT
Susan Kennedy susan.kennedy@bakerbotts.com 10/6/2022 2:13:02 PM SENT
Zachary Stone zachary.stone@bakerbotts.com 10/6/2022 2:13:02 PM SENT
Jordan Kazlow jordan.kazlow@bakerbotts.com 10/6/2022 2:13:02 PM SENT
Jessica Aquino jessica.aquino@bakerbotts.com 10/6/2022 2:13:02 PM SENT
Debora Simonson debora.simonson@bakerbotts.com 10/6/2022 2:13:02 PM SENT
Dana Lisenby dlisenby@thompsoncoe.com 10/6/2022 2:13:02 PM SENT
Christopher Hansen chansen@thompsoncoe.com 10/6/2022 2:13:02 PM SENT
Olga Marshall olga.marshall@bakerbotts.com 10/6/2022 2:13:02 PM SENT
Gadi Alvarado-Lopez gadi@thekaramlawoffice.com 10/6/2022 2:13:02 PM SENT
Lena B.Laurenzo Ilaurenzo@awtxlaw.com 10/6/2022 2:13:02 PM SENT
Ben Agosto |||
ben.agosto@awtxlaw.com 10/6/2022 2:13:02 PM 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.
Envelope ID: 68973763
Status as of 10/6/2022 2:33 PM CST
Associated Case Party: ATMOS ENERGY CORPORATION
Name BarNumber Email TimestampSubmitted Status
susan kennedy susan.kennedy@bakerbotts.com 10/6/2022 2:13:02 PM SENT
Jordan Kazlow jordan.kazlow@bakerbotts.com 10/6/2022 2:13:02 PM SENT
Salam Sheikh-Khalil salam.sheikh-khalil@bakerbotts.com 10/6/2022 2:13:02 PM SENT
Zachary Stone Zachary.Stone@bakerbotts.com 10/6/2022 2:13:02 PM SENT
Jessica B. Pulliam jessica.pulliam@bakerbotts.com 10/6/2022 2:13:02 PM SENT
Brook Vaydik brooke.vaydik@bakerbotts.com 10/6/2022 2:13:02 PM 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.
Envelope ID: 68973763
Status as of 10/6/2022 2:33 PM CST
Associated Case Party: BOBCAT CONTRACTING, LLC
Name BarNumber Email TimestampSubmitted Status
Sarah HolleyLong LongEDocsNotifications@wbclawfirm.com 10/6/2022 2:13:02 PM 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.
Envelope ID: 68973763
Status as of 10/6/2022 2:33 PM CST
Associated Case Party: MICHAEL GLOVER
Name BarNumber Email TimestampSubmitted Status
Bobbie Gilbert bgilbert@kv-law.com 10/6/2022 2:13:02 PM SENT
Loren Klitsas klitsas@kv-law.com 10/6/2022 2:13:02 PM SENT
Preview
FILED 10/6/2022 2:13 PM FELICIA PITRE DISTRICT CLERK No. DC-21-09308 DALLAS CO., TEXAS Treva Parker-Ayodele DEPUTY § IN THE DISTRICT COURT OF MELISSA TARVER, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF DERIC TARVER, AND AS NEXT FRIEND OF B.T. AND K.T., MINORS, RANDY TARVER AND DEBBIE TARVER VS. MICHAEL GLOVER VS. TAMMY BOEHLER, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF ETHAN KNIGHT, AND CLAY BOEHLER VS. DALLAS COUNTY, TEXAS § ATMOS ENERGY CORPORATION AND BOBCAT CONTRACTING, LLC VS. ATMOS ENERGY CORPORATION AND BOBCAT IN THE 192ND JUDICIAL DISTRICT CONTRACTING, LLC VS. ATMOS ENERGY CORPORATION AND FESCO, LTD NOTICE OF INTENTION TO TAKE DEPOSITION BY WRITTEN QUESTIONS To Plaintiffs(s) by and through their attorney(s) of record: BENNY AGOSTO To other party/parties by and through their attorney(s) of record: JACOB M. KARAM STEVEN KHERKHER LOREN G. KLITSAS ZACHARY STONE G. BRUCE PARKERSON JENNIFER D. AUFRICHT R. CLAY HOBLIT You will please take notice that twenty (20) days from the service of a copy hereof with attached questions, a deposition by written questions will be taken of Custodian of Records for: NATIONWIDE INSURANCE COMPANY OF AMERICA C/O CORPORATION SERVICE COMPANY before a Notary Public for Compex Legal Services, Inc. 3201 Cherry Ridge Drive, Suite B207, San Antonio, TX 78230-4825 or its designated agent, which deposition with attached questions may be used in evidence upon the trial of the above-styled and numbered cause pending in the above named court. Notice is further given that request is hereby made as authorized under Rules 176 and 200, Texas Rules of Civil Procedure, to the officer taking the deposition to issue a subpoena duces tecum and cause it to be served on the witness to produce Any and all insurance records stored in any format, including but not limited to correspondence, payments, payment history, policy information, declarations page, complete claim files, records of any liens, color photos, and damage repair estimates, injury records or claim and any other documents contained within any insurance file and/or claim file pertaining to Michael Glover Claim No. 565708GD Policy No. 7842A606222; DOL: 08/07/2016 And to turn all such records over to the officer authorized to take this deposition so that photographic reproductions of the same may be made and attached to said deposition. Compex Order No. TX0044100-003 EMAIL: TEXASCS@COMPEXLEGAL.COM SARAH H. LONG WALTERS, BALIDO & CRAIN, L.L.P. - LIBERTY/SAFECO 10440 NORTH CENTRAL EXPRESSWAY, 15TH FLOOR DALLAS, TX 75231 214-749-4805 FAX 214-760-1670 ATTORNEY FOR DEFENDANT STATE BAR#: 24036798 /5/ Sam/L 4+. Lang SARAH.LONG@WBCLAWFIRM.COM I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to all Counsel of Record by hand delivery, FAX, and/or certified mail, return receipt requested, on this day. Dated: 09/28/2022 /5/ Sam/L 41—. Lang Compex Order No. TX0044100-003 EMAIL: TEXASCS@COMPEXLEGAL.COM No. DC-21-09308 § IN THE DISTRICT COURT OF MELISSA TARVER, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF DERIC TARVER, AND AS NEXT FRIEND OF B.T. AND K.T., MINORS, RANDY TARVER AND DEBBIE TARVER VS. MICHAEL GLOVER VS. TAMMY BOEHLER, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF ETHAN KNIGHT, AND CLAY BOEHLER VS. § DALLAS COUNTY, TEXAS § ATMOS ENERGY CORPORATION AND BOBCAT CONTRACTING, LLC VS. ATMOS ENERGY CORPORATION AND BOBCAT IN THE 192ND JUDICIAL DISTRICT CONTRACTING, LLC VS. ATMOS ENERGY CORPORATION AND FESCO, LTD DIRECT QUESTIONS TO BE PROPOUNDED TO THE CUSTODIAN OF RECORDS FOR: NATIONWIDE INSURANCE COMPANY 0F AMERICA C/O CORPORATION SERVICE COMPANY From to 1. Please state your full name, occupation and official title. Answer: 2. Please state by whom you are employed and the business address. Answer: 3. Did you receive a subpoena for the production of records pertaining to Michael Glover ? Answer: 4. Are the documents and or things pertaining to Michael Glover , as outlined in the subpoena duces tecum, in your custody or subject to your control, supervision or direction? Answer: 5. Have you provided copies of the documents and or things as listed in the subpoena, to be attached to this deposition? If not, why not? Answer: 6. If you answered “yes” to question no. 5, are the documents and or things which you have provided true and correct copies of the originals? Compex Order No. TXOO44 l 00-003 Page 1 of 2 Answer: 7. Were such documents and or things kept in the regular course of business of this facility? Answer: 8. Was it regular course of business of this facility for a person with lmowledge of the acts, events, conditions, or opinion recorded to make record or to transmit information thereof to be included in such record? Answer: 9. Were the entries on these records made at or shortly afier the time of the transaction recorded? Answer: 10. Was the method of preparation of these records trustworthy? Answer: WITNESS (Custodian of Records) Before me, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument in the capacity therein stated, who being first duly sworn, stated upon his/her oath that the answers to the foregoing questions are true and correct. I further certify that the records attached hereto are exact duplicates of the original records. SWORN TO AND SUBSCRIBED before me this day of , 20 NOTARY PUBLIC Compex Order No. TXOO44100-003 Page 2 of 2 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Envelope ID: 68973763 Status as of 10/6/2022 2:33 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Jennifer DAufricht jaufricht@thompsoncoe.com 10/6/2022 2:13:02 PM SENT Renee Smith Renee.Smith@thompsoncoe.com 10/6/2022 2:13:02 PM SENT Steven Joseph Kherkher 11375950 SKherkher-Team@KherkherGarcia.com 10/6/2022 2:13:02 PM SENT Michael Dale Hudlow 24007403 mhudlow@hdr-Iaw.com 10/6/2022 2:13:02 PM SENT Robin Clay Hoblit 9743100 hdrccservice@hdr-law.com 10/6/2022 2:13:02 PM SENT Shari Welch swelch@awtxlaw.com 10/6/2022 2:13:02 PM SENT Elva Jasso ejasso@thompsoncoe.com 10/6/2022 2:13:02 PM SENT Jacob Karam jacob@thekaramlawoffice.com 10/6/2022 2:13:02 PM SENT Edward AFesteryga edward@awtxlaw.com 10/6/2022 2:13:02 PM SENT Briseida Martinez briseida@thekaramlawoffice.com 10/6/2022 2:13:02 PM SENT BENNY AGOSTOJR bagosto@awtxlaw.com 10/6/2022 2:13:02 PM SENT Jessica Pulliam jessicapuIliam@bakerbotts.com 10/6/2022 2:13:02 PM SENT Susan Kennedy susan.kennedy@bakerbotts.com 10/6/2022 2:13:02 PM SENT Zachary Stone zachary.stone@bakerbotts.com 10/6/2022 2:13:02 PM SENT Jordan Kazlow jordan.kazlow@bakerbotts.com 10/6/2022 2:13:02 PM SENT Jessica Aquino jessica.aquino@bakerbotts.com 10/6/2022 2:13:02 PM SENT Debora Simonson debora.simonson@bakerbotts.com 10/6/2022 2:13:02 PM SENT Dana Lisenby dlisenby@thompsoncoe.com 10/6/2022 2:13:02 PM SENT Christopher Hansen chansen@thompsoncoe.com 10/6/2022 2:13:02 PM SENT Olga Marshall olga.marshall@bakerbotts.com 10/6/2022 2:13:02 PM SENT Gadi Alvarado-Lopez gadi@thekaramlawoffice.com 10/6/2022 2:13:02 PM SENT Lena B.Laurenzo Ilaurenzo@awtxlaw.com 10/6/2022 2:13:02 PM SENT Ben Agosto ||| ben.agosto@awtxlaw.com 10/6/2022 2:13:02 PM 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. Envelope ID: 68973763 Status as of 10/6/2022 2:33 PM CST Associated Case Party: ATMOS ENERGY CORPORATION Name BarNumber Email TimestampSubmitted Status susan kennedy susan.kennedy@bakerbotts.com 10/6/2022 2:13:02 PM SENT Jordan Kazlow jordan.kazlow@bakerbotts.com 10/6/2022 2:13:02 PM SENT Salam Sheikh-Khalil salam.sheikh-khalil@bakerbotts.com 10/6/2022 2:13:02 PM SENT Zachary Stone Zachary.Stone@bakerbotts.com 10/6/2022 2:13:02 PM SENT Jessica B. Pulliam jessica.pulliam@bakerbotts.com 10/6/2022 2:13:02 PM SENT Brook Vaydik brooke.vaydik@bakerbotts.com 10/6/2022 2:13:02 PM 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. Envelope ID: 68973763 Status as of 10/6/2022 2:33 PM CST Associated Case Party: BOBCAT CONTRACTING, LLC Name BarNumber Email TimestampSubmitted Status Sarah HolleyLong LongEDocsNotifications@wbclawfirm.com 10/6/2022 2:13:02 PM 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. Envelope ID: 68973763 Status as of 10/6/2022 2:33 PM CST Associated Case Party: MICHAEL GLOVER Name BarNumber Email TimestampSubmitted Status Bobbie Gilbert bgilbert@kv-law.com 10/6/2022 2:13:02 PM SENT Loren Klitsas klitsas@kv-law.com 10/6/2022 2:13:02 PM SENT