Preview
FILED
2/2/2023 4:05 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Janieshia Reed DEPUTY
CAUSE NO. DC-21-09308
MELISSA TARVER, et ul., § IN THE DISTRICT COURT
§
§
Plaintiff“), §
vs. § I92ND JUDICIAL DISTRICT
§
ATMOS ENERGY and BOBCAT
g
CONTRACTING. LLC,
§
Defendanfls). § DALLAS coun'rv, TEXAS
RETURN OF SERVICE
Came to my hand on Wednesday. January 25, 2023 at 6:00 PM,
Executed at: 27731 COMMERCIAL PARK ROAD, 'l'OMBALL, TX 77375
at 9:50 AM. on Thursday, January 26, 2023, by delivering to the within named:
INLINE SERVICES, LLC
By personally delivering to its Controller. MICHELE FARZEE
copy of this
a true
DEFENDANT ATMOS ENERGY’S NOTICE OF SUBPOENA DUCES TECUM TO NON-
PARTY INLINE SERVICES. LLC. and SUBPOENA DUCES TECUM with EXHIBIT A
having first endorsed thereon the date of the delivery. An $1 1.00 witness fee was tendered and accepted.
BEFORE ME. the undersigned authority. on this day personally appeared BERT SCl-IULZE who after being duly
sworn on oath states: "My name is BERT SCHULZE. l atn a person not less than eighteen (18) years of age and I
am competent to make this oath. I am a resident of the State ochxas. l have personal
knowledge of the facts and
statements contained herein and aver that each is true and correct. I am not a party to nor related or affiliated with
any party to this suit. I have no interest in the outcome of the suit. I have never been convicted of a felony or of a
misdemeanor involving moral turpitude. I am familiar with the Texas Rules of Civil Procedure. and the Texas
Civil Practice and Remedies Codes as they apply to service of process. I am certified by the Judicial Branch
Certification Commission to deliver citations and ether notices from any District. County and Justice Courts in
and for the State of Texas in compliance with rule 103 and 501.2 of the TRCP."
By: gm Eyfig £271310024
BERT SCHULZE - Pscrmos
servcd@specialdclivery.eom
Subscribed and Sworn to by BERT SCHULZE, Before Me, the undersigned authority, on this
.31 day of January, 2023.
Notary Public in and for the State of Texas
,~ .\ 50‘".
E'JV‘V‘I"
Andrea Lucille S“
9"“‘“ mm“
°‘
with to no 131992352
K
FILED
1I13I2023 3:28 PM
FEUCIA PITRE
DISTRICT CLERK
DALLAS 00.. TEXAS
Yteva Pam-Ayodele DEPUTY
CAUSE N0. DC—21-09308
§§§§§§§§§§§§§§§§§§§§§§§§§§
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
IN THE DISTRICT COURT OF
V. DALLAS COUNTY, TEXAS
I92ND JUDICIAL DISTRICT
ATMOS ENERGY CORPORATION
and BOBCAT CONTRACTING, LLC
TAMMY BOEI-ILER, Individually and as
Representative of the Estate of ETHAN
KNIGHT, and CLAY BOEHLER
v.
ATMOS ENERGY CORPORATION and
FBSCO, LTD.
MICHAEL GLOVER
v.
ATMOS ENERGY CORPORATION and
BOBCAT CONTRACTING, LLC
DEFENDANT ATMOS ENERGY’S NOTICE OF SUBPOENA DUCES TECUM TO
NON-PARTY INLINE SERVICES, LLC.
Please take notice that Defendant Atmos Energy Corporation intends to serve a subpoena
requiring lnline Services, LLC to, no later than 14 days after service of the subpoena, produce
for inspection and copying all documents responsive to Exhibit A to the attached Subpoena
Duees Tecum, to the law offices of Baker Botts L.L.P, 200] Ross Avenue, Suite 900, Dallas, TX
7520 l .
I [01240
DATED: January 13, 2023
Respectfitlly submitted,
G. Bruce Parkerson
State Bar No. 00793106
PLAUCHE MASELLI PARKERSON LLP
701 Poydras St., Suite 3800
New Orleans, Louisiana 70139
Telephone: (504) 582-1142
'
Facsimile: (504) 582-1 172
bparkerson@pmpllp.com
ATTORNEY FOR DEFENDANT
ATMOS ENERGY CORPORATION
CERTIFICATE OF SERVICE
I hereby certify that on the 13th day of January 2023, a copy of the foregoing was served
via electronic email to all counsel of record.
G. Bruce Parkerson
I "34240
THE STATE OF TEXAS
SUBPOENA FOR WITNESS PURSUANT TO
TEXAS RULE OF CIVIL PROCEDURE 176
CAUSE N0. DC-21-09308
MELISSA TARVER, Individually and as
Representative of the Estate of DERJC
TARVER, and as next friend of B.T. and
K.T., Minors, RANDY TARVER and
DEBBIE TARVER
m THE DISTRICT COURT 0F
V. DALLAS COUNTY, TEXAS
192ND JUDICIAL DISTRICT
ATMOS ENERGY CORPORATION
and BOBCAT CONTRACTING, LLC
TAMMY BOEHLER, Individually and as
Representative of the Estate of ETHAN
KNIGHT, and CLAY BOEHLER
V.
ATMOS ENERGY CORPORATION and
FESCO, LTD.
MICHAEL GLOVER
v.
ATMOS ENERGY CORPORATION and
BOBCAT CONTRACTING. LLC
SUBPOENA DUCES TECUM
To: Any Sheriff or Constable of the State of Texas, or Other Person Authorized to Serve and
Execute Subpoenas as Provided in Texas Rule of Civil Procedure I76.
YOU ARE HEREBY COMMANDED T0 SUMMON Inline Services, LLC, who may
be served at 27731 Commercial Park Rd., Tomball, TX 77375, to appear before a Notary
Public/Court Reporter at Baker Botts L.L.P., 2001 Ross Avenue, Suite 900, Dallas, TX 75201,
February 15, 2023 at 9:00 a.m., in order to bring and produce for inspection and copying the
materials described in the attached Exhibit A.
CONTEMPT. FAILURE BY ANY PERSON WITHOUT ADEQUATE EXCUSE TO
OBEY A SUBPOENA SERVED UPON THAT PERSON MAY BE DEEMED A
| 104240
ISSUED OR A
CONTEMPT OF THE COURT FROM WHICH THE SUBPOENA IS AND
DISTRICT COURT IN THE COUNTY IN WHICH THE SUBPOENA IS SERVED,
MAY BE PUNISHED BY FINE OR CONFINEMENT, 0R BOTH. TEX. R.
CIV. P.
176.8(a).
DO NOT FAIL to return this writ to the 192m! Judicial District Court, Dallas County, Texas,
ISSUED ON
’rnnmea1
K
with return thereon, showing the manner of execution.
,2023.
Respe lly ed,
. Bruce Parkerson
State Bar No. 00793106
PLAUCHE MASELLI PARKERSON LLP
701 Poydras St., Suite 3800
New Orleans, Louisiana 70139
Telephone: (504) 582-1142
Facsimile: (504) 582-1172
bparkcrson@pmpllp.com
ATTORNEY FOR DEFENDANT
ATMOS ENERGY CORPORATION
This subpoena was issued at the request of the Defendant Atmos Energy Corporation, whose
from Plauché Maselli
attorney of record is G. Bruce Parkerson, State Bar No. 00793106,
Parkerson LLP, 701 Poydras St., Suite 3800, New Orleans, Louisiana 70139.
I I04240 4
EXHIBIT A
DEFINITIONS AND INSTRUCTIONS
1. The term “person” means any natural person or any legal entity, including,
association.
without limitation, any business or governmental entity or
in
2. The term “document” is defined to be synonymous in meaning and equal scope
of the term “documents and tangible things” in Texas
Rule of Civil Procedure
to the usage
accounts, drawings, graphs, charts,
192.3(b), including but not limited to papers, books,
and data compilations. A drafi or non-
photographs, electronic or videotape recordings, data,
term. “Documents” includes
identical copy is a separate document within the meaning of this
and text messages. Documents
electronic data as described in Rule 196.4, including emails
:
described in Rule 196.4 should be produced in the following format
a. Non-redacted Microsoft Excel or other spreadsheet files should be produced in native
format. Additionally, other file types not capable of being converted to image format
such as multimedia files, audio files, video files, and drawing
files should be
produced in native form. The “FileName” metadata provided for documents
produced in native format will be the original
file name of the native document.
either (i) or,
b. For all other Electronically Stored information, please produce
alternatively (ii) below:
ted OCR text, metadata, and
i. Multi-page, searchable PDF format with associa
bibliographic information; or
ii. The following files for each document:
”04240 5
1. Image Files: Group IV single page black and white TIFF images (except
as single page 300 dpi
documents containing color should be produced
JPG color image files);
2. Text Files: A document-level text file (extracted text if available in the
native file, or OCR for documents without extractable text and for
the beginning Bates
redacted documents), with each text file named as
number of its corresponding document; and
3. Database load files: A Concordance load file that includes the metadata
fields liswd:
BegBates
EndBates
BegAttach (for emails/attachments)
EndAttach (for emails/attachments)
Hashvalue [MD5 Hash]
CustodiansAll (all custodians of a produced document)
From
To
CC
BCC
Subject
SentDate
Author (for attachments and loose documents)
FileName [Title] (for attachments and loose documents)
FileCreatedDate (for attachments and loose documents
only)
FileLastModifiedDate (for attachments and loose
documents)
File Extension
LNK (for any native file produced)
3. “Describe" or “identify,” as used in reference to any document(s) or tang'ble
and author of any document; the common
evidence, includes stating the title or name, date,
of any object; the name and address of the
name, manufacturer, owner and identifying number
the present time; and a statement as to whether the
person(s) having possession of the original at
”04240 6
a
party responding has the original or copy.
“You,” “Your,” or “Inline” refers to Inlinc Services, LLC Systems
and its agents,
4.
and/or its predecessors in interest,
oflicers, employees, representatives, and attorneys,
entities and their agents, officers, employees,
subsidiaries, affiliates, members and related
representatives, and attorneys.
5. “Atmos” refers to Atmos Energy Corporation, its agents, officers, employees,
its predecessors in interest, subsidiaries, amliates,
representatives, and attorneys, and/or
and
members and related entities, and their agents, ofiicers, employees, representafives,
attorneys.
6. ‘Transmitter” refers to the inline locating transmitter manufactured by Inline,
model number TX 2C, the same model of which was sold to Atmos and installed in the body of
in Farmersville, TX in June 2021.
the gauge pig used during the pigging operations
7. “And” and “or” shall each be construed conjunctively and disjunctively so as to
acquire the broadest meaning possible.
and “all” shall each be construed to mean “each and every" so as to
8. “Any”
acquire the broadest meaning possible.
within
9. The document requests herein include any and all responsive documents
in the personal files of
the possession, custody or control of Inline, including documents located
attorneys, and
any and all past and present directors, officers, agents, representatives, employees,
accountants of Inline.
a full answer
10. If, afler conducting a reasonable investigation, you cannot provide
and answer to the
for any request for the production of documents, state that such is the case
what
fullest extent possible, stating what responsive documents or information are available,
Homo 7
the documents or information are
documents or information cannot be provided, why
the unavailable documents or information.
unavailable, and what efi‘orts were made to obtain
the same order as they
ll. Documents from any single file should be produced in
and/or containers in which such
were found in such file, including any labels, files, folders,
documents are located in or associated with. If copies of documents are produced in lieu of the
bound or stapled in the same manner as the original.
originals, such copies should be legible and
s
documents requested herein are no longer in Inline’ possession,
12. If any of the
documents by providing a summary of the relevant
custody or control, identify such requested
or control.
contents and the date and identify who now has possession, custody
describe the
l3. If any document responsive to these requests has been destroyed,
documents as well as why and when the documents
were
pertinent contents and date of the
destroyed.
DOCUMENTS T0 BE PRODUCED
l. All documents sufficient to show previously known incidents of malfunction of
the Transmitter when being used in the manner prescribed by
You.
2. All documents sufficient to show any Failure Modes and Efi‘ects Analysis
and manufacture of
(“FMEA”) performed by You in the research, design creation, development,
the Transmitter.
3. All documents concerning whether the Transmitter, and any component thereof,
when being used in the
and any similar products sold by You, could ignite flammable vapors
manner prescribed by You.
norm 8
Preview
FILED 2/2/2023 4:05 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Janieshia Reed DEPUTY CAUSE NO. DC-21-09308 MELISSA TARVER, et ul., § IN THE DISTRICT COURT § § Plaintiff“), § vs. § I92ND JUDICIAL DISTRICT § ATMOS ENERGY and BOBCAT g CONTRACTING. LLC, § Defendanfls). § DALLAS coun'rv, TEXAS RETURN OF SERVICE Came to my hand on Wednesday. January 25, 2023 at 6:00 PM, Executed at: 27731 COMMERCIAL PARK ROAD, 'l'OMBALL, TX 77375 at 9:50 AM. on Thursday, January 26, 2023, by delivering to the within named: INLINE SERVICES, LLC By personally delivering to its Controller. MICHELE FARZEE copy of this a true DEFENDANT ATMOS ENERGY’S NOTICE OF SUBPOENA DUCES TECUM TO NON- PARTY INLINE SERVICES. LLC. and SUBPOENA DUCES TECUM with EXHIBIT A having first endorsed thereon the date of the delivery. An $1 1.00 witness fee was tendered and accepted. BEFORE ME. the undersigned authority. on this day personally appeared BERT SCl-IULZE who after being duly sworn on oath states: "My name is BERT SCHULZE. l atn a person not less than eighteen (18) years of age and I am competent to make this oath. I am a resident of the State ochxas. l have personal knowledge of the facts and statements contained herein and aver that each is true and correct. I am not a party to nor related or affiliated with any party to this suit. I have no interest in the outcome of the suit. I have never been convicted of a felony or of a misdemeanor involving moral turpitude. I am familiar with the Texas Rules of Civil Procedure. and the Texas Civil Practice and Remedies Codes as they apply to service of process. I am certified by the Judicial Branch Certification Commission to deliver citations and ether notices from any District. County and Justice Courts in and for the State of Texas in compliance with rule 103 and 501.2 of the TRCP." By: gm Eyfig £271310024 BERT SCHULZE - Pscrmos servcd@specialdclivery.eom Subscribed and Sworn to by BERT SCHULZE, Before Me, the undersigned authority, on this .31 day of January, 2023. Notary Public in and for the State of Texas ,~ .\ 50‘". E'JV‘V‘I" Andrea Lucille S“ 9"“‘“ mm“ °‘ with to no 131992352 K FILED 1I13I2023 3:28 PM FEUCIA PITRE DISTRICT CLERK DALLAS 00.. TEXAS Yteva Pam-Ayodele DEPUTY CAUSE N0. DC—21-09308 §§§§§§§§§§§§§§§§§§§§§§§§§§ 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 IN THE DISTRICT COURT OF V. DALLAS COUNTY, TEXAS I92ND JUDICIAL DISTRICT ATMOS ENERGY CORPORATION and BOBCAT CONTRACTING, LLC TAMMY BOEI-ILER, Individually and as Representative of the Estate of ETHAN KNIGHT, and CLAY BOEHLER v. ATMOS ENERGY CORPORATION and FBSCO, LTD. MICHAEL GLOVER v. ATMOS ENERGY CORPORATION and BOBCAT CONTRACTING, LLC DEFENDANT ATMOS ENERGY’S NOTICE OF SUBPOENA DUCES TECUM TO NON-PARTY INLINE SERVICES, LLC. Please take notice that Defendant Atmos Energy Corporation intends to serve a subpoena requiring lnline Services, LLC to, no later than 14 days after service of the subpoena, produce for inspection and copying all documents responsive to Exhibit A to the attached Subpoena Duees Tecum, to the law offices of Baker Botts L.L.P, 200] Ross Avenue, Suite 900, Dallas, TX 7520 l . I [01240 DATED: January 13, 2023 Respectfitlly submitted, G. Bruce Parkerson State Bar No. 00793106 PLAUCHE MASELLI PARKERSON LLP 701 Poydras St., Suite 3800 New Orleans, Louisiana 70139 Telephone: (504) 582-1142 ' Facsimile: (504) 582-1 172 bparkerson@pmpllp.com ATTORNEY FOR DEFENDANT ATMOS ENERGY CORPORATION CERTIFICATE OF SERVICE I hereby certify that on the 13th day of January 2023, a copy of the foregoing was served via electronic email to all counsel of record. G. Bruce Parkerson I "34240 THE STATE OF TEXAS SUBPOENA FOR WITNESS PURSUANT TO TEXAS RULE OF CIVIL PROCEDURE 176 CAUSE N0. DC-21-09308 MELISSA TARVER, Individually and as Representative of the Estate of DERJC TARVER, and as next friend of B.T. and K.T., Minors, RANDY TARVER and DEBBIE TARVER m THE DISTRICT COURT 0F V. DALLAS COUNTY, TEXAS 192ND JUDICIAL DISTRICT ATMOS ENERGY CORPORATION and BOBCAT CONTRACTING, LLC TAMMY BOEHLER, Individually and as Representative of the Estate of ETHAN KNIGHT, and CLAY BOEHLER V. ATMOS ENERGY CORPORATION and FESCO, LTD. MICHAEL GLOVER v. ATMOS ENERGY CORPORATION and BOBCAT CONTRACTING. LLC SUBPOENA DUCES TECUM To: Any Sheriff or Constable of the State of Texas, or Other Person Authorized to Serve and Execute Subpoenas as Provided in Texas Rule of Civil Procedure I76. YOU ARE HEREBY COMMANDED T0 SUMMON Inline Services, LLC, who may be served at 27731 Commercial Park Rd., Tomball, TX 77375, to appear before a Notary Public/Court Reporter at Baker Botts L.L.P., 2001 Ross Avenue, Suite 900, Dallas, TX 75201, February 15, 2023 at 9:00 a.m., in order to bring and produce for inspection and copying the materials described in the attached Exhibit A. CONTEMPT. FAILURE BY ANY PERSON WITHOUT ADEQUATE EXCUSE TO OBEY A SUBPOENA SERVED UPON THAT PERSON MAY BE DEEMED A | 104240 ISSUED OR A CONTEMPT OF THE COURT FROM WHICH THE SUBPOENA IS AND DISTRICT COURT IN THE COUNTY IN WHICH THE SUBPOENA IS SERVED, MAY BE PUNISHED BY FINE OR CONFINEMENT, 0R BOTH. TEX. R. CIV. P. 176.8(a). DO NOT FAIL to return this writ to the 192m! Judicial District Court, Dallas County, Texas, ISSUED ON ’rnnmea1 K with return thereon, showing the manner of execution. ,2023. Respe lly ed, . Bruce Parkerson State Bar No. 00793106 PLAUCHE MASELLI PARKERSON LLP 701 Poydras St., Suite 3800 New Orleans, Louisiana 70139 Telephone: (504) 582-1142 Facsimile: (504) 582-1172 bparkcrson@pmpllp.com ATTORNEY FOR DEFENDANT ATMOS ENERGY CORPORATION This subpoena was issued at the request of the Defendant Atmos Energy Corporation, whose from Plauché Maselli attorney of record is G. Bruce Parkerson, State Bar No. 00793106, Parkerson LLP, 701 Poydras St., Suite 3800, New Orleans, Louisiana 70139. I I04240 4 EXHIBIT A DEFINITIONS AND INSTRUCTIONS 1. The term “person” means any natural person or any legal entity, including, association. without limitation, any business or governmental entity or in 2. The term “document” is defined to be synonymous in meaning and equal scope of the term “documents and tangible things” in Texas Rule of Civil Procedure to the usage accounts, drawings, graphs, charts, 192.3(b), including but not limited to papers, books, and data compilations. A drafi or non- photographs, electronic or videotape recordings, data, term. “Documents” includes identical copy is a separate document within the meaning of this and text messages. Documents electronic data as described in Rule 196.4, including emails : described in Rule 196.4 should be produced in the following format a. Non-redacted Microsoft Excel or other spreadsheet files should be produced in native format. Additionally, other file types not capable of being converted to image format such as multimedia files, audio files, video files, and drawing files should be produced in native form. The “FileName” metadata provided for documents produced in native format will be the original file name of the native document. either (i) or, b. For all other Electronically Stored information, please produce alternatively (ii) below: ted OCR text, metadata, and i. Multi-page, searchable PDF format with associa bibliographic information; or ii. The following files for each document: ”04240 5 1. Image Files: Group IV single page black and white TIFF images (except as single page 300 dpi documents containing color should be produced JPG color image files); 2. Text Files: A document-level text file (extracted text if available in the native file, or OCR for documents without extractable text and for the beginning Bates redacted documents), with each text file named as number of its corresponding document; and 3. Database load files: A Concordance load file that includes the metadata fields liswd: BegBates EndBates BegAttach (for emails/attachments) EndAttach (for emails/attachments) Hashvalue [MD5 Hash] CustodiansAll (all custodians of a produced document) From To CC BCC Subject SentDate Author (for attachments and loose documents) FileName [Title] (for attachments and loose documents) FileCreatedDate (for attachments and loose documents only) FileLastModifiedDate (for attachments and loose documents) File Extension LNK (for any native file produced) 3. “Describe" or “identify,” as used in reference to any document(s) or tang'ble and author of any document; the common evidence, includes stating the title or name, date, of any object; the name and address of the name, manufacturer, owner and identifying number the present time; and a statement as to whether the person(s) having possession of the original at ”04240 6 a party responding has the original or copy. “You,” “Your,” or “Inline” refers to Inlinc Services, LLC Systems and its agents, 4. and/or its predecessors in interest, oflicers, employees, representatives, and attorneys, entities and their agents, officers, employees, subsidiaries, affiliates, members and related representatives, and attorneys. 5. “Atmos” refers to Atmos Energy Corporation, its agents, officers, employees, its predecessors in interest, subsidiaries, amliates, representatives, and attorneys, and/or and members and related entities, and their agents, ofiicers, employees, representafives, attorneys. 6. ‘Transmitter” refers to the inline locating transmitter manufactured by Inline, model number TX 2C, the same model of which was sold to Atmos and installed in the body of in Farmersville, TX in June 2021. the gauge pig used during the pigging operations 7. “And” and “or” shall each be construed conjunctively and disjunctively so as to acquire the broadest meaning possible. and “all” shall each be construed to mean “each and every" so as to 8. “Any” acquire the broadest meaning possible. within 9. The document requests herein include any and all responsive documents in the personal files of the possession, custody or control of Inline, including documents located attorneys, and any and all past and present directors, officers, agents, representatives, employees, accountants of Inline. a full answer 10. If, afler conducting a reasonable investigation, you cannot provide and answer to the for any request for the production of documents, state that such is the case what fullest extent possible, stating what responsive documents or information are available, Homo 7 the documents or information are documents or information cannot be provided, why the unavailable documents or information. unavailable, and what efi‘orts were made to obtain the same order as they ll. Documents from any single file should be produced in and/or containers in which such were found in such file, including any labels, files, folders, documents are located in or associated with. If copies of documents are produced in lieu of the bound or stapled in the same manner as the original. originals, such copies should be legible and s documents requested herein are no longer in Inline’ possession, 12. If any of the documents by providing a summary of the relevant custody or control, identify such requested or control. contents and the date and identify who now has possession, custody describe the l3. If any document responsive to these requests has been destroyed, documents as well as why and when the documents were pertinent contents and date of the destroyed. DOCUMENTS T0 BE PRODUCED l. All documents sufficient to show previously known incidents of malfunction of the Transmitter when being used in the manner prescribed by You. 2. All documents sufficient to show any Failure Modes and Efi‘ects Analysis and manufacture of (“FMEA”) performed by You in the research, design creation, development, the Transmitter. 3. All documents concerning whether the Transmitter, and any component thereof, when being used in the and any similar products sold by You, could ignite flammable vapors manner prescribed by You. norm 8