Preview
FILED
9/19/2023 4:45 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Janieshia Reed DEPUTY
CAUSE NO. DC-21-09308
MELISSA TARVER, et al., § IN THE DISTRICT COURT
§
§
Plaintims), §
vs. § 192ND JUDICIAL DISTRICT
§
ATMOS ENERGY CORPORATION, et al., §
§
Defendant(s). § DALLAS COUNTY, TEXAS
RETURN OF SERVICE
Came to my hand on Monday, September l8, 2023 at 5:41 PM,
Executed at: 403 E. HILLJE STREET, EL CAMPO, TX 77437
at 12:21 PM, on Tuesday, September l9, 2023, by individually and personally delivering to the within
named:
HAYLEY SEBESTA
a true copy of this
DEFENDANT ATMOS ENERGY’S NOTICE OF SUBPOENA AD TESTIFICANDUM TO
NON-PARTY HAYLEY SEBSTA and SUBPOENA FOR WITNESS PURSUANT TO TEXAS
RULE OF CIVIL PROCEDURE 176
having first endorsed thereon the date of the delivery.
A $10.00 witness fee was tendered.
I am 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 of
Texas. I 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 other 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.”
My name is LISA HICKS, my date of birth is 6/24/1972 and my business address is 834 4TH Street, Sealy,
Texas, 7774 in the county of Austin, United States of America. I declare under penalty of perjury that the
foregoing is true and correct.
Executed in Austin County, State of Texas on Tuesday, September l9, 2023
By
LISA HICKS
PSC#18930 EXP 10-31—2024
served@specialdelivery.com
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
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
DEFENDANT ATMOS ENERGY’S NOTICE OF SUBPOENA AD TESTIFICANDUM
TO NON-PARTY HAYLEY SEBSTA
Please take notice that Defendant Atmos Energy Corporation intends to serve a subpoena
requiring Hayley Sebesta to appear for her deposition on October 16, 2023. A copy of the
subpoena to be served follows this notice.
DEFENDANr’s Nonce or SUBPOENA AD TESTIFICANDUM
To NON-PARTY HAYLEY SEBESTA Page - 1
DATED: September 18, 2023 Respectfully submitted,
/s/ Jessica B. Pulliam
Jessica B. Pulliam
State Bar No. 24037309
Susan Cannon Kennedy
State Bar No. 24051663
BAKER BOTTS L.L.P.
2001 Ross Avenue, Suite 1100
Dallas, Texas 75201
Telephone: 2 1 4-953-65 00
Fax: 214-953-6503
jessica.pulliam@bakerbotts.com
susan.kennedy@bakerbotts.com
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) 582-1172
bparkerson@pmpllp.com
ATTORNEYS FOR DEFENDANT
ATMOS ENERGY CORPORATION
CERTIFICATE OF SERVICE
I hereby certify that on the 18th day of September 2023, a copy of the foregoing was served
via electronic email to all counsel of record.
/s/ Jessica B. Pulliam
Jessica B. Pulliam
DEFENDANT’S Nonce or SUBPOENA AD TESTIFICANDUM
To NON-PARTY HAYLBY SEBESTA Page - 2
THE STATE OF TEXAS
SUBPOENA FOR WITNESS PURSUANT T0
TEXAS RULE OF CIVIL PROCEDURE 176
CAUSE NO. DC-21-09308
§§§§§§§§§§§§§§§§§§§§§§§§§§
MELISSA TARVBR, 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 0F
V. DALLAS COUNTY, TEXAS
192ND 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
FESCO, LTD.
MICHAEL GLOVER
V.
ATMOS ENERGY CORPORATION and
BOBCAT CONTRACTING, LLC
SUBPOENA AD TESTIFICANDUM
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 176.
YOU ARE HEREBY COMMANDED TO SUMMON Hayley Sebesta, who may be
served at Turning Leaf Counseling & Education Center, 403 E. Hillje Street, El Campo, Texas
77437, to appear for an oral and videotaped deposition. The deposition will be taken in person in
DBFENDANT’S NOTICE or SUBPOENA AD T‘EsnFICANDUM
To NON-PARTY HAYLEY SEBESTA Page - 3
the presence of a certified court reporter and videographer and the undersigned at the following
place and time:
DATE: October l6, 2023
TIME: 9:00 A.M. CDT
LOCATION: El Campo Civic Center
Expansion Room
2350 North Mechanic Street
El Campo, Texas 77437
979-541-5000
CONTEMPT. FAILURE BY ANY PERSON WITHOUT ADEQUATE EXCUSE To
OBEY A SUBPOENA SERVED UPON THAT PERSON MAY BE DEEMED A
CONTEMPT OF THE COURT PROM WHICH THE SUBPOENA Is ISSUED OR A
DISTRICT COURT IN THE COUNTY IN WHICH THE SUBPOENA Is SERVED, AND
MAY BE PUNISHED BY FINE OR CONFINEMENT, OR BOTH. Tax. R. Cw. P.
176.8(a).
DO NOT FAIL to return this writ to the l92nd Judicial District Court, Dallas County, Texas, with
return thereon, showing the manner of execution.
ISSUED ON September 18, 2023.
Respectfully submitted,
_/g/ Jessica B. Pulliam
Jessica B. Pulliam
State Bar No. 24037309
Susan Cannon Kennedy
State Bar NO. 24051663
BAKER BO'I'I‘S L.L.P.
2001 Ross Avenue, Suite 1100
Dallas, Texas 75201
Telephone: 214-953-6500
Fax: 214-953-6503
jessica.pulliam@bakerbotts.com
susan.kennedy@bakerbotts.com
G. Bruce Parkerson
State Bar No. 00793106
PLAUCHE MASELLI PARKERSON LLP
701 Poydras St., Suite 3800
DEFENDANT’s NOTICE or SUBPOENA AD TESTIHCANDUM
To NON-PARTY HAYLEY SEBESTA Page - 4
New Orleans, Louisiana 70139
Telephone: (504) 582-1 I42
Facsimile: (504) 582-1172
bparkerson@pmpllp.com
ATTORNEY FOR DEFENDANT
ATMOS ENERGY CORPORATION
This subpoena was issued at the request of the Defendant Atmos Energy Corporation, whose
attorney of record is Jessica B. Pulliam, State Bar No. 24037309, from Baker Botts L.L.P., 2001
Ross Avenue, Suite 1100, Dallas, Texas 75201.
DEFENDANT ’S NOTICE 0F SUBPOENA AD TESTIFICANDUM
T0 NON-PARTY HAYLEY SEBBSTA Page - 5
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FILED 9/19/2023 4:45 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Janieshia Reed DEPUTY CAUSE NO. DC-21-09308 MELISSA TARVER, et al., § IN THE DISTRICT COURT § § Plaintims), § vs. § 192ND JUDICIAL DISTRICT § ATMOS ENERGY CORPORATION, et al., § § Defendant(s). § DALLAS COUNTY, TEXAS RETURN OF SERVICE Came to my hand on Monday, September l8, 2023 at 5:41 PM, Executed at: 403 E. HILLJE STREET, EL CAMPO, TX 77437 at 12:21 PM, on Tuesday, September l9, 2023, by individually and personally delivering to the within named: HAYLEY SEBESTA a true copy of this DEFENDANT ATMOS ENERGY’S NOTICE OF SUBPOENA AD TESTIFICANDUM TO NON-PARTY HAYLEY SEBSTA and SUBPOENA FOR WITNESS PURSUANT TO TEXAS RULE OF CIVIL PROCEDURE 176 having first endorsed thereon the date of the delivery. A $10.00 witness fee was tendered. I am 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 of Texas. I 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 other 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.” My name is LISA HICKS, my date of birth is 6/24/1972 and my business address is 834 4TH Street, Sealy, Texas, 7774 in the county of Austin, United States of America. I declare under penalty of perjury that the foregoing is true and correct. Executed in Austin County, State of Texas on Tuesday, September l9, 2023 By LISA HICKS PSC#18930 EXP 10-31—2024 served@specialdelivery.com 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 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 DEFENDANT ATMOS ENERGY’S NOTICE OF SUBPOENA AD TESTIFICANDUM TO NON-PARTY HAYLEY SEBSTA Please take notice that Defendant Atmos Energy Corporation intends to serve a subpoena requiring Hayley Sebesta to appear for her deposition on October 16, 2023. A copy of the subpoena to be served follows this notice. DEFENDANr’s Nonce or SUBPOENA AD TESTIFICANDUM To NON-PARTY HAYLEY SEBESTA Page - 1 DATED: September 18, 2023 Respectfully submitted, /s/ Jessica B. Pulliam Jessica B. Pulliam State Bar No. 24037309 Susan Cannon Kennedy State Bar No. 24051663 BAKER BOTTS L.L.P. 2001 Ross Avenue, Suite 1100 Dallas, Texas 75201 Telephone: 2 1 4-953-65 00 Fax: 214-953-6503 jessica.pulliam@bakerbotts.com susan.kennedy@bakerbotts.com 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) 582-1172 bparkerson@pmpllp.com ATTORNEYS FOR DEFENDANT ATMOS ENERGY CORPORATION CERTIFICATE OF SERVICE I hereby certify that on the 18th day of September 2023, a copy of the foregoing was served via electronic email to all counsel of record. /s/ Jessica B. Pulliam Jessica B. Pulliam DEFENDANT’S Nonce or SUBPOENA AD TESTIFICANDUM To NON-PARTY HAYLBY SEBESTA Page - 2 THE STATE OF TEXAS SUBPOENA FOR WITNESS PURSUANT T0 TEXAS RULE OF CIVIL PROCEDURE 176 CAUSE NO. DC-21-09308 §§§§§§§§§§§§§§§§§§§§§§§§§§ MELISSA TARVBR, 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 0F V. DALLAS COUNTY, TEXAS 192ND 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 FESCO, LTD. MICHAEL GLOVER V. ATMOS ENERGY CORPORATION and BOBCAT CONTRACTING, LLC SUBPOENA AD TESTIFICANDUM 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 176. YOU ARE HEREBY COMMANDED TO SUMMON Hayley Sebesta, who may be served at Turning Leaf Counseling & Education Center, 403 E. Hillje Street, El Campo, Texas 77437, to appear for an oral and videotaped deposition. The deposition will be taken in person in DBFENDANT’S NOTICE or SUBPOENA AD T‘EsnFICANDUM To NON-PARTY HAYLEY SEBESTA Page - 3 the presence of a certified court reporter and videographer and the undersigned at the following place and time: DATE: October l6, 2023 TIME: 9:00 A.M. CDT LOCATION: El Campo Civic Center Expansion Room 2350 North Mechanic Street El Campo, Texas 77437 979-541-5000 CONTEMPT. FAILURE BY ANY PERSON WITHOUT ADEQUATE EXCUSE To OBEY A SUBPOENA SERVED UPON THAT PERSON MAY BE DEEMED A CONTEMPT OF THE COURT PROM WHICH THE SUBPOENA Is ISSUED OR A DISTRICT COURT IN THE COUNTY IN WHICH THE SUBPOENA Is SERVED, AND MAY BE PUNISHED BY FINE OR CONFINEMENT, OR BOTH. Tax. R. Cw. P. 176.8(a). DO NOT FAIL to return this writ to the l92nd Judicial District Court, Dallas County, Texas, with return thereon, showing the manner of execution. ISSUED ON September 18, 2023. Respectfully submitted, _/g/ Jessica B. Pulliam Jessica B. Pulliam State Bar No. 24037309 Susan Cannon Kennedy State Bar NO. 24051663 BAKER BO'I'I‘S L.L.P. 2001 Ross Avenue, Suite 1100 Dallas, Texas 75201 Telephone: 214-953-6500 Fax: 214-953-6503 jessica.pulliam@bakerbotts.com susan.kennedy@bakerbotts.com G. Bruce Parkerson State Bar No. 00793106 PLAUCHE MASELLI PARKERSON LLP 701 Poydras St., Suite 3800 DEFENDANT’s NOTICE or SUBPOENA AD TESTIHCANDUM To NON-PARTY HAYLEY SEBESTA Page - 4 New Orleans, Louisiana 70139 Telephone: (504) 582-1 I42 Facsimile: (504) 582-1172 bparkerson@pmpllp.com ATTORNEY FOR DEFENDANT ATMOS ENERGY CORPORATION This subpoena was issued at the request of the Defendant Atmos Energy Corporation, whose attorney of record is Jessica B. Pulliam, State Bar No. 24037309, from Baker Botts L.L.P., 2001 Ross Avenue, Suite 1100, Dallas, Texas 75201. DEFENDANT ’S NOTICE 0F SUBPOENA AD TESTIFICANDUM T0 NON-PARTY HAYLEY SEBBSTA Page - 5