Preview
FILED
10/24/2023 4:14 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Debra Clark DEPUTY
CAUSE NO. DC-23-06938
CHOLLA PETROLEUM, INC. IN THE DISTRICT COURT
Plaintiff,
vs. DALLAS COUNTY TEXAS
DPX POWER SYSTEMS, LLC, and
DANIEL HOLBROOK, Individually
Defendants. 134™ JUDICIAL DISTRICT
PLAINTIFF’S MOTION TO COMPEL DEFENDANTS?’ RESPONES TO PLAINTIFF’S
POST-JUDGMENT DISCOVERY REQUESTS
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Plaintiff Cholla Petroleum, Inc., (“Plaintiff’ or “Cholla”) and files this
Motion to Compel Defendants’ Responses to Plaintiff's Post-Judgment Discovery Requests. In
support, Plaintiff would respectfully show the Court as follows:
I
BACKGROUN: D
1 On August 28, 2023, this Court granted Plaintiff damages pursuant to its Default
Judgment (the “Final Judgment”) against Defendants DPX Power Systems, LLC (“DPX”) and
Daniel Holbrook (“Holbrook”) (collectively, “Defendants”).
2. Subsequently, on September 21, 2023, Plaintiff served its Post-Judgment
Interrogatories, Post-Judgment Requests for Admission, and Post-Judgment Requests for
Production of Documents (“Post-Judgment Discovery”) to both DPX and Holbrook. All of
Plaintiffs Post-Judgment Discovery requests to Defendants are attached hereto as Exhibit A.
3 Plaintiff served Defendants with the Post-Judgment Discovery by sending a cover
letter enclosing the Post-Judgment Discovery to the following address: 113 Boeing Corner, Cibolo,
Plaintiffs Motion to Compel Defendants” Responses to Plaintiff's Post Judgment Discovery Requests ~ Page 1
200159883v1 C1901 00002 Motion to Compel
Gaudalupe County, Texas 78108, via certified mail, return receipt requested. Plaintiff further
served the Post-Judgment Discovery on Defendants via email at Holbrook’s email address
(Individually and as Former Managing Member), Daniel@DPXPower.com. A true and correct
copy of the letter enclosing the Post-Judgment Discovery is attached hereto as Exhibit B. A true
and correct copy of the email enclosing the Post-Judgment Discovery is attached hereto as Exhibit
C. The cover letter enclosing the Notice and Post-Judgment Discovery was successfully served on
Holbrook, individually and as Former Managing Member of DPX. A true and correct copy of the
Return of Service is attached hereto as Exhibit D.
4 Pursuant to Rules 196.2(a), 197.2(a), and 198.2(a) of the Texas Rules of Civil
Procedure, Defendants’ responses to Plaintiff's Post-Judgment Discovery were due on or before
Tuesday, October 24, 2023. Defendants failed to produce any documents or provide any responses.
IL.
ARGUMENT
5 Pursuant to Texas Rule of Civil Procedure 215, Plaintiff may move to compel
discovery if Defendants fail to respond to discovery requests. Further, under Rule 215, if this
Motion is granted, Plaintiff may seek the reasonable expenses incurred in obtaining an order
granting this Motion, including attorneys’ fees.
6. Therefore, Plaintiff, Cholla Petroleum, Inc., requests that the Court compel
Defendants to respond to Plaintiff's Post-Judgment Discovery within seven days of the Order
granting this Motion to Compel. Plaintiff further requests that the Court order Defendants to pay
all reasonable expenses incurred by Plaintiff in filing this Motion. Plaintiff's reasonable attorneys’
fees and expenses for filing this Motion are $2,000.00, as described in Exhibit E.
Plaintiffs Motion to Compel Defendants” Responses to Plaintiff's Post Judgment Discovery Requests ~ Page 2
200159883v1 C1901 00002 Motion to Compel
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff Cholla Petroleum, Inc., requests
that this Court enter an Order granting Plaintiff's Motion to Compel Defendants’ Responses to
Plaintiff's Post-Judgment Discovery Requests, request for attorneys’ fees and expenses, and for
such other and further relief, at law and in equity, to which Plaintiff Cholla Petroleum, Inc., may
be justly entitled.
Respectfully submitted,
By: /s/ Eli D. Pierce
Scott M. Garelick
Texas Bar No. 24029053
Eli D. Pierce
State Bar No. 24092972
Two Lincoln Centre
5420 LBJ Freeway, Suite 1900
Dallas, Texas 75240
Telephone: (972) 661-5114
Facsimile: (972) 661-5691
Email: sgarelick@uplawtx.com
Email: epierce@uplawtx.com
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
Thereby certify that a true and correct copy of the above and foregoing instrument was
served upon all the Defendants, as listed below, via certified mail, return receipt requested and
regular mail, on this 24" day of October 2023.
Daniel Holbrook, Individually, and
As Former Managing Member of DPX Power Systems, LLC
113 Boeing Corner
Cibolo, Guadalupe County, Texas 78108
/s/ Eli D. Pierce
Eli D. Pierce
Plaintiffs Motion to Compel Defendants” Responses to Plaintiff's Post Judgment Discovery Requests ~ Page 3
200159883v1 C1901 00002 Motion to Compel
EXHIBIT A
CAUSE NO. DC-23-06938
CHOLLA PETROLEUM, INC. IN THE DISTRICT COURT
Plaintiff,
VS. DALLAS COUNTY TEXAS
DPX POWER SYSTEMS, LLC, and
DANIEL HOLBROOK, Individually
Defendants. 134T™4 JUDICIAL DISTRICT
CHOLLA PETROLEUM, INC.’S POST-JUDGMENT REQUESTS FOR ADMISSIONS
TO DEFENDANT DPX POWER SYSTEMS, LLC
To: Defendant DPX Power Systems, LLC, by and through its former Managing Member,
Daniel Holbrook, 113 Boeing Corner, Cibolo, Guadalupe County, Texas 78108.
Pursuant to Rule 198 of the Texas Rules of Civil Procedure, Plaintiff Cholla Petroleum,
Inc. (“Plaintiff’ or “Cholla”), hereby serves its Post-Judgment Requests for Admissions to
Defendant DPX Power Systems, LLC (“Defendant” or “DPX”). Defendant is directed to serve
written responses to the Post-Judgement Requests for Admissions within thirty (30) days after the
date of service pursuant to the Texas Rules of Civil Procedure. Plaintiff further requests that such
responses be produced at the following location: Underwood Perkins, P.C., 5420 LBJ Freeway,
Suite 1900, Dallas, Texas 75240.
Post-Judgment Requests for Admissions to DPX Power Systems, LLC ~ Page |
Respectfully submitted,
Underwood Perkins, P.C.
By: /s/ Eli D. Pierce
Scott M. Garelick
Texas Bar No. 24029053
Eli D. Pierce
State Bar No. 24092972
Two Lincoln Centre
5420 LBJ Freeway, Suite 1900
Dallas, Texas 75240
Telephone: (972) 661-5114
Facsimile: (972) 661-5691
Email: sgarelick@uplawtx.com
Email: epierce@uplawtx.com
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing instrument was
served upon Defendant DPX Power Systems, LLC, as listed below, via regular mail and certified
mail, return receipt requested, on this 218" day of September 2023:
DPX Power Systems, LLC
c/o Former Managing Member, Daniel Holbrook
113 Boeing Corner
Cibolo, Guadalupe County, Texas 78108
/s/ Eli D. Pierce
Eli D. Pierce
Post-Judgment Requests for Admissions to DPX Power Systems, LLC ~ Page 2
POST-JUDGMENT REQUESTS FOR ADMISSIONS
Please specifically admit or deny each of the following requests or explain in detail the
reason(s) that you cannot admit or deny the request:
REQUEST NO. 1. No reason exists why the judgment in this case should not be paid by
Defendant.
RESPONSE:
REQUEST NO. 2. The facts support the judgment which was rendered in cause styled Cholla
Petroleum, Inc. v. DPX Power Systems, LLC, and Daniel Holbrook, Individually; Case Number
DC-23-06938, In the 134" District Court of Dallas County, Texas.
RESPONSE:
REQUEST NO. 3. Defendant is indebted to Plaintiff in the amount stated in the judgment,
attached hereto as Exhibit A.
RESPONSE:
REQUEST NO. 4. Defendant is not in possession of the 375 kW Caterpillar Natural Gas
Generator, Model No. G3412, Serial No. CATG3412CKAP01062.
RESPONSE:
REQUEST NO. 5. No property owned by Defendant is subject to levy or turnover to satisfy the
judgment.
RESPONSE:
REQUEST NO. 6. Defendant owns collectable accounts receivable.
RESPONSE:
REQUEST NO. 7. Defendant continues to generate business revenue.
RESPONSE:
REQUEST NO. 8. Defendant owns stock, which cannot be readily attached or levied by ordinary
legal process.
RESPONSE:
REQUEST NO. 9. Defendant has an active bank account.
RESPONSE:
Post-Judgment Requests for Admissions to DPX Power Systems, LLC ~ Page 3
REQUEST NO. 10. The bank account referred to in the preceding request is not exempt from
attachment, execution, or seizure for the satisfaction of liabilities.
RESPONSE:
REQUEST NO. 11, Defendant owns real property, other than a homestead, which is sufficient to
satisfy the judgment.
RESPONSE:
REQUEST NO. 12. The real property referred to in the preceding request is exempt from
attachment, execution, or seizure for the satisfaction of liabilities.
RESPONSE:
REQUEST NO. 13. Defendant owns personal property, which cannot be readily attached or
levied by ordinary legal process.
RESPONSE:
REQUEST NO. 14. The personal property referred to in the preceding request is exempt from
attachment, execution, or seizure for the satisfaction of liabilities.
RESPONSE:
REQUEST NO. 15. The facts support placing Defendant in a receivership until the judgment
herein is paid.
RESPONSE:
REQUEST NO. 16. No bond, or a minimal bond should be required for the receiver.
RESPONSE:
Post-Judgment Requests for Admissions to DPX Power Systems, LLC ~ Page 4
EXHIBIT A
CAUSE NO. DC-23-06938
CHOLLA PETROLEUM, INC. IN THE DISTRICT COURT
Plaintiff,
vs. DALLAS COUNTY TEXAS
DPX POWER SYSTEMS, LLC, and
DANIEL HOLBROOK, Individually
Defendants. 1347 JUDICIAL DISTRICT
ORDER GRANTING PLAINTIFF DAMAGES PURSUANT TO DEFAULT JUDGMENT
Upon review of the Pleadings on file and the arguments of counsel before this Court on
August 21, 2023, this Court rules and it is hereby, ORDERED, ADJUDGED, AND DECREED,
that Plaintiffis entitled to the following damages:
1 Plaintiff is awarded the cost to repair the 250kW Caterpillar Natural Gas Generator,
Model No. G3406B SITA, Serial No. 4FD00325 (“Generator #1”), including the cost to
procure and install a muffler and the cost to procure and install a battery and battery cable
in the amount of $10,793.63;
Defendant DPX Power Systems, LLC and Defendant Daniel Holbrook are
ORDERED to deliver the 375 kW Caterpillar Natural Gas Generator, Model No.
G3412, Serial No. CATG3412CKAPO1062 (“Generator #2”) to Cholla Petroleum, LLC
on or before September 1, 2023;
In the alternative to order No. 2 above, in the event Defendant DPX Power Systems,
LLC and Defendant Daniel Holbrook are no longer in possession of Generator #2,
Plaintiff is awarded the full purchase price of Generator #2 in the amount of
$ 96,883.75;
ORDER GRANTING PLAINTIFF DAMAGES PURSUANT TO DEFAULT JUDGMENT PAGE |
200142814v1 - C1901.00002 Order Default Damages
Plaintiff is awarded the cost of renting a replacement generator to function in the
place of Generator #1 from December 2022 through July of 2023 in the amount of
$155,136.87;
Plaintiff is awarded the cost of renting a replacement generator to function in the
place of Generator #2 from February 2023 through July of 2023 in the amount of
$ 161,370.71;
Pursuant to Section 17.50 of the Texas Business and Commerce Code, Plaintiff is
awarded an additional $100,000.00 in punitive damages against Defendant DPX
Power Systems, LLC and Defendant Daniel Holbrook, both jointly and severally;
Plaintiff is awarded an accounting of the $153,715.00 it paid to Defendant DPX
Power Systems, LLC and Defendant Daniel Holbrook. Defendant DPX Power
Systems, LLC and Defendant Daniel Holbrook are ORDERED to deliver an
accounting of all funds Defendants received from Cholla Petroleum, LLC on or
before September 1, 2023; and
Plaintiffis awarded attorneys’ fees in the amount of $14,378.52.
SIGNED this day of _ 2023.
8/28/2023 7:02:32 AM
LA 4, THE HONORABLE DALE TILCERY
ORDER GRANTING PLAINTIFF DAMAGES PURSUANT TO DEFAULT JUDGMENT PAGE 2
200142814v1 - C1901.00002 Order Default Damages
CAUSE NO. DC-23-06938
CHOLLA PETROLEUM, INC. IN THE DISTRICT COURT
Plaintiff,
VS. DALLAS COUNTY TEXAS
DPX POWER SYSTEMS, LLC, and
DANIEL HOLBROOK, Individually
Defendants. 13474 JUDICIAL DISTRICT
CHOLLA PETROLEUM, INC.’S POST-JUDGMENT REQUESTS FOR PRODUCTION
OF DOCUMENTS TO DEFENDANT DPX POWER SYSTEMS, LLC
__ __ _ _
To: Defendant DPX Power Systems, LLC, by and through its former Managing Member,
Daniel Holbrook, 113 Boeing Corner, Cibolo, Guadalupe County, Texas 78108.
Pursuant to Texas Rule of Civil Procedure 621a and in accordance with Texas Rule of Civil
Procedure 196, Plaintiff Cholla Petroleum, Inc. (“Plaintiff’ or “Cholla”) hereby serves its Post-
Judgment Requests for Production of Documents to Defendant DPX Power Systems, LLC
(“Defendant” or “DPX”). Defendant is directed to serve written responses to the Post-Judgement
Requests for Production of Documents within thirty (30) days after the date of service pursuant to
the Texas Rules of Civil Procedure. Plaintiff further requests that such responses and documents
be produced at the following location: Underwood Perkins, P.C., 5420 LBJ Freeway, Suite 1900,
Dallas, Texas 75240.
Post-Judgment Requests for Production to DPX Power Systems, LLC ~ Page 1
200149683v1 C1901 00002 PDJ RFPs - DPX
Respectfully submitted,
Underwood Perkins, P.C.
By: /s/ Eli D. Pierce
Scott M. Garelick
Texas Bar No. 24029053
Eli D. Pierce
State Bar No. 24092972
Two Lincoln Centre
5420 LBJ Freeway, Suite 1900
Dallas, Texas 75240
Telephone: (972) 661-5114
Facsimile: (972) 661-5691
Email: sgarelick@uplawtx.com
Email: epierce@uplawtx.com
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing instrument was
served upon Defendant DPX Power Systems, LLC, as listed below, via regular mail and certified
mail, return receipt requested, on this 21‘ day of September 2023:
DPX Power Systems, LLC
c/o Former Managing Member, Daniel Holbrook
113 Boeing Corner
Cibolo, Guadalupe County, Texas 78108
/s/ Eli D. Pierce
Eli D. Pierce
Post-Judgment Requests for Production to DPX Power Systems, LLC ~ Page 2
200149683v1 C1901 00002 PDJ RFPs - DPX
INSTRUCTIONS AND DEFINITIONS
1 You are required to produce all documents in accordance with Rules 621a, 193 and
196 of the Texas Rules of Civil Procedure, including not only those documents in your actual
possession, custody, or control, but also those in your constructive possession. See Tex. R. Civ. P.
196.3. Thus, if the requested documents are in the possession or custody of a third party, whom,
at your direction, is required to produce such documents, you must direct such individual or entity
to provide all responsive documents to you, which you, in turn, must produce.
2. Please label each item produced with reference to the specific request to which it is
responsive. If no documents or things exist that are responsive to the request for production, please
say so.
3 If any document or tangible thing requested was at one time in existence, but no
longer exists, please say so, specifying for each document or tangible thing:
The type of document or tangible thing;
The type of information contained in it;
The date upon which it ceased to exist;
The circumstances by which it ceased to exist; and
The identity of all persons having knowledge of the contents of such
document or tangible thing.
4 These requests are continuing in nature and require supplemental answers. In the
event you, or any person acting on your behalf, become aware of additional material that is
responsive to any of the following requests at any time after providing your initial answers, you
are required to furnish such information to opposing counsel. Failure to do so may lead to a motion
to extend post-judgment discovery in order to investigate newly discovered material.
5 This request specifically encompasses information that exists in electronic and
magnetic form or data, including all metadata. You are requested to produce such data in its native
or original electronic form. Finally, to the extent that data and information cannot reasonably be
produced in either of the foregoing methods, please print and produce such material in paper form.
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6 “Document” or “documents” shall mean every “document” within the widest
permissible scope of the Texas Rules of Civil Procedure, including, without limitation, every
original (and every copy of any original or copy which differs in any way from any original) of
every writing or recording of every kind or description, whether handwritten, typed, drawn,
sketched, printed, or recorded or maintained by any physical, mechanical, electronic, or electrical
means whatsoever, including, without limitation, electronic communications or databases, emails
(including, without limitation, received emails, sent emails, and deleted emails together with all
attachments), text messages, social media (including but not limited to posts or messages from or
on Facebook, Twitter, LinkedIn, Instagram, Snapchat, and WhatsApp), SMS, MMS, BBM, or
other instant message system or format, books, records, papers, pamphlets, brochures, circulars,
advertisements, specifications, notebooks, worksheets, reports, lists, analyses, summaries, tax
returns, financial statements, profit and loss statements, cash flow statements, balance sheets,
annual or other periodic reports, calendars, appointment books, diaries, telephone bills and toll call
records, expense reports, commission statements, itineraries, agendas, check books, canceled
checks, receipts, agreements, applications, offers, acceptances, proposals, purchase orders,
invoices, written, electronic or otherwise recorded memorials of oral communications, forecasts,
photographs, photographic slides or negatives, films, film strips, tapes and recordings.
7 “Communications” shall mean and refer to any oral or written utterance, notation,
or statement of any nature whatsoever, and to whomsoever made, including, but not limited to,
correspondence, conversations, dialogues, discussions, interviews, consultations, agreements and
other understandings, among two or more persons. The term “Communications” shall include
emails or other forms of information recorded electronically.
8 “Bank and Brokerage Records” refers to checking account records, checking
account statements, savings account records, savings account statements, brokerage account
Post-Judgment Requests for Production to DPX Power Systems, LLC ~ Page 4
200149683v1 C1901 00002 PDJ RFPs - DPX
records, brokerage account statements, investment account records, investment account
statements, mutual fund records, mutual fund statements, certificate of deposit records, certificate
of deposit statements, money market account records, money market account statements, interest-
bearing account records, interest-bearing account statements, records of draws and deposits from
the aforementioned types of accounts, records of checks drawn and issued from such accounts,
records of money transfers to and from such accounts, and any and all Documents or
Communications that refer to or relate to the Bank and Brokerage Records.
9. “Financial Records” means financial statements, balance sheets, accounting
records, and books of account documenting income, profits, losses, expenses, expenditures,
charges, costs, payments, and other Documents reflecting any receipt, expenditure, or payment of
monies.
10. “Assets” means anything that has or had value in which the company at issue holds
or previously held any interest (ownership or otherwise), whether directly or indirectly, legally or
beneficially. By way of example only, the term “Assets” includes, without limitation: cash,
inventory, equipment, any and all real property, accounts receivable, contract rights, goodwill, any
and all personal property, autos, trucks, tractors, trailers, airplanes, boats, intellectual property
(including licenses), stocks, bonds, defense bonds, securities, partnership interests, joint venture
interests, LLC interests, trust interests, any ownership or membership interests in any subsidiary
or affiliates, and any liens, security interests, and mortgages, and any judgments or arbitration
awards.
11. “Relating to” or “Relate to” means relating to or regarding in anyway. For
example, a document relates to a topic if it memorializes, describes, substantiates, supports,
underlies, reflects or bears upon the topic, either directly or indirectly. Further, matters that relate
to a topic include not only the subject of the immediate Request, but also all documents that
Post-Judgment Requests for Production to DPX Power Systems, LLC ~ Page 5
200149683v1 C1901 00002 PDJ RFPs - DPX
memorialize, describe, substantiate, support, reflect or bear upon, either directly or indirectly, any
meeting, conference, conversation or Communication, whether oral or written, regarding the
subject or topic of the Request.
12. The words “evidencing, 3 «6, ‘concerning, ” «6 reflecting,” “related,” “related to,”
“pertaining,” or “pertaining to,” a given subject mean referring to, alluding to, responding to,
connected with, commenting on, in respect of, about, regarding, discussing, showing, describing,
mentioning, reflecting, analyzing, constituting, evidencing, or in any way pertinent to such subject.
13. “Any” shall mean “each and every” as well as “any one.”
14. The singular includes the plural, and vice versa. The masculine includes the
feminine and neuter genders. The past tense includes the present tense where the clear meaning is
not distorted by change of tense.
15. “Person” as used herein shall mean and include natural persons, governmental
entities and agencies, proprietorships, partnerships, corporations, joint ventures, firms,
associations, boards, commissions, and all other forms of organizations, where applicable.
16. “Plaintiff” or “Cholla” refers to Cholla Petroleum, Inc., Plaintiff in the Lawsuit,
and its agents, representatives, and any other person acting in concert with them, on their behalf,
or under their control, whether directly or indirectly.
17. “Defendant” or “DPX” refers to DPX Power Systems, LLC, Defendant in the
Lawsuit, and its agents, representatives, and any other person acting in concert with them, on their
behalf, or under their control, whether directly or indirectly.
18. “Lawsuit” means Cholla Petroleum, Inc. v. DPX Power Systems, LLC, and Daniel
Holbrook, Individually; Case Number DC-23-06938, In the 134" District Court of Dallas County,
Texas.
19. “Parties” refers to the Plaintiff and Defendant.
Post-Judgment Requests for Production to DPX Power Systems, LLC ~ Page 6
200149683v1 C1901 00002 PDJ RFPs - DPX
20. “Party” refers to any Plaintiff or any Defendant.
21. “You,” “Your,” and “Yours” shall mean Defendant DPX Power Systems, LLC,
and shall include all employees, agents, representatives, and all other natural persons or business
or legal entities acting or purporting to act on its behalf.
22. “Relevant Time Period” unless otherwise specifically stated herein, shall mean
from October 1, 2022, to present.
Post-Judgment Requests for Production to DPX Power Systems, LLC ~ Page 7
200149683v1 C1901 00002 PDJ RFPs - DPX
POST-JUDGMENT REQUESTS FOR PRODUCTION OF DOCUMENTS
REQUEST NO. 1, Produce all Documents constituting Defendant’s Bank and Brokerage Records
during the Relevant Time Period.
RESPONSE:
REQUEST NO. 2. Produce all Documents constituting Defendant’s Financial Records during the
Relevant Time Period.
RESPONSE:
REQUEST NO. 3. Produce all Documents that identify any or all of Defendant’s Assets during
the Relevant Time Period.
RESPONSE:
REQUEST NO. 4. Produce all Documents that show or indicate the value of any of Defendant’s
Assets during the Relevant Time Period.
RESPONSE:
REQUEST NO. 5. Produce all Documents that show or indicate the amount of any of Defendant’s
debts during the Relevant Time Period.
RESPONSE:
REQUEST NO. 6. Produce all Documents that identify any or all of Defendant’s liabilities during
the Relevant Time Period.
RESPONSE:
REQUEST NO. 7, Produce all Documents relating to all safe deposit boxes or other depositories
owned, leased, rented, held, or maintained by Defendant, or to which you have access during the
Relevant Time Period.
RESPONSE:
REQUEST NO. 8. Produce all Documents relating to any real property in which Defendant
currently holds or previously held any interest (ownership or otherwise) during the Relevant Time
Period.
RESPONSE:
Post-Judgment Requests for Production to DPX Power Systems, LLC ~ Page 8
200149683v1 C1901 00002 PDJ RFPs - DPX
REQUEST NO. 9, Produce all Documents showing any personal property in which Defendant
currently holds or previously held any interest (ownership or otherwise), including, but not limited
to, any accounts receivable and contract rights, and any auto, truck, tractor, trailer, airplane, boat
or other personal property during the Relevant Time Period.
RESPONSE:
REQUEST NO. 10. Produce all Documents showing any intellectual property in which
Defendant currently holds or previously held any interest (ownership or otherwise, including a
license) during the Relevant Time Period.
RESPONSE:
REQUEST NO. 11, Produce all Documents showing Defendant’s current or prior ownership or
membership interests in any entities during the Relevant Time Period.
RESPONSE:
REQUEST NO. 12, Produce all Documents showing any transfer, pledge, or disposition by
Defendant of any property owned by Defendant during the Relevant Time Period.
RESPONSE:
REQUEST NO. 13. Produce all Documents relating to any money borrowed by Defendant from
any person during the Relevant Time Period.
RESPONSE:
REQUEST NO. 14, Produce all Documents relating to any loans made by Defendant to any
person during the Relevant Time Period.
RESPONSE:
REQUEST NO. 15. Produce all Documents relating to any liens, security interests, mortgages,
and/or any judgments, settlements, or arbitration awards in Defendant’s favor during the Relevant
Time Period.
RESPONSE:
REQUEST NO. 16, Produce all pleadings filed in any lawsuits or arbitration proceedings either
initiated by or against Defendant during the Relevant Time Period.
RESPONSE:
Post-Judgment Requests for Production to DPX Power Systems, LLC ~ Page 9
200149683v1 C1901 00002 PDJ RFPs - DPX
REQUEST NO. 17. Produce all Documents relating to property or money held in trust, in an
estate, or in any other name or capacity for Defendant by any person, including, without limitation,
any receiver, agent, nominee, or custodian during the Relevant Time Period.
RESPONSE:
REQUEST NO. 18. Produce all Documents relating to any debts owed to Defendant by any
person during the Relevant Time Period.
RESPONSE:
REQUEST NO. 19. Produce all Documents relating to any trade names, d/b/a’s, trademarks
and/or service marks under which Defendant operated during the Relevant Time Period.
RESPONSE:
REQUEST NO. 20. Produce all income tax returns filed by Defendant during the Relevant Time
Period.
RESPONSE:
REQUEST NO. 21, Produce all Documents referred to in anyway, directly or indirectly, in any
and all income tax returns filed by Defendant during the Relevant Time Period.
RESPONSE:
REQUEST NO. 22. All Documents referring in anyway, directly or indirectly, to the name and
address of persons or entities to whom Defendant has given a financial statement during the
Relevant Time Period.
RESPONSE:
REQUEST NO. 23. All Documents containing or referring in anyway, directly or indirectly, to
the names and addresses of persons who have served as bookkeepers or financial advisers for
Defendant during the Relevant Time Period.
RESPONSE:
REQUEST NO. 24, All Documents referring in anyway, directly or indirectly, to any legal cause
of action, either real or anticipated, by or against Defendant during the Relevant Time Period.
RESPONSE:
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REQUEST NO. 25, All Documents referring in anyway, directly or indirectly, to the anticipated
amount of recovery in any legal cause of action during the Relevant Time Period, either real or
anticipated, by Defendant.
RESPONSE:
REQUEST NO. 26, All Documents referring in anyway, directly or indirectly, to each person or
entity who has served as a bank or savings institution for Defendant during the Relevant Time.
RESPONSE:
REQUEST NO. 27. All Documents referring in anyway, directly or indirectly, to any insurance
payment Defendant may have or any insurance payment due to Defendant.
RESPONSE:
Post-Judgment Requests for Production to DPX Power Systems, LLC ~ Page I
200149683v1 C1901 00002 PDJ RFPs - DPX
CAUSE NO. DC-23-06938
CHOLLA PETROLEUM, INC. IN THE DISTRICT COURT
Plaintiff,
VS. DALLAS COUNTY TEXAS
DPX POWER SYSTEMS, LLC, and
DANIEL HOLBROOK, Individually
Defendants. 134T4 JUDICIAL DISTRICT
CHOLLA PETROLEUM, INC.’S POST-JUDGMENT INTERROGATORIES TO
DEFENDANT DPX POWER SYSTEMS, LLC
To: Defendant DPX Power Systems, LLC, by and through its former Managing Member,
Daniel Holbrook, 113 Boeing Corner, Cibolo, Guadalupe County, Texas 78108.
Pursuant to Texas Rules of Civil Procedure 197 and 621a, Plaintiff Cholla Petroleum, Inc.
(“Plaintiff’ or “Cholla”), hereby serves its Post-Judgment Interrogatories to Defendant DPX
Power Systems, LLC (“Defendant” or “DPX”). Plaintiff requests Defendant to answer the
following written interrogatories separately and fully, in writing, and under oath, having the
answers signed by the person making them and serving a true copy of the answers on the
undersigned attorney within thirty days after service hereof pursuant to the Texas Rules of Civil
Procedure. Plaintiff further requests that such responses be produced at the following location:
Underwood Perkins, P.C., 5420 LBJ Freeway, Suite 1900, Dallas, Texas 75240.
Post-Judgment Interrogatories to DPX Power Systems, LLC ~ Page |
200149681v1 C1901 00002 PJD ROGs - DPX
Respectfully submitted,
Underwood Perkins, P.C.
By: /s/ Eli D. Pierce
Scott M. Garelick
Texas Bar No. 24029053
Eli D. Pierce
State Bar No. 24092972
Two Lincoln Centre
5420 LBJ Freeway, Suite 1900
Dallas, Texas 75240
Telephone: (972) 661-5114
Facsimile: (972) 661-5691
Email: sgarelick@uplawtx.com
Email: epierce@uplawtx.com
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing instrument was
served upon Defendant DPX Power Systems, LLC, as listed below, via regular mail and certified
mail, return receipt requested, on this 21‘ day of September 2023:
DPX Power Systems, LLC
c/o Former Managing Member, Daniel Holbrook
113 Boeing Corner
Cibolo, Guadalupe County, Texas 78108
/s/ Eli D. Pierce
Eli D. Pierce
Post-Judgment Interrogatories to DPX Power Systems, LLC ~ Page 2
200149681v1 C1901 00002 PJD ROGs - DPX
INSTRUCTIONS AND DEFINITIONS
The following instructions and definitions apply herein:
1 These interrogatories are continuing in nature, and to the extent required by the
Texas Rules of Civil Procedure and applicable case law, they require supplemental responses in
the event that you become aware of further information.
2. These interrogatories are intended to cover all information in your possession,
custody, or control, including, but not limited to, all information within the possession, custody,
or control of any person or entity acting on your behalf as well as information in the possession of
third parties obligated to produce documents or information at your request.
3 In answering these interrogatories, furnish such information as is available to you,
not merely information within your own personal knowledge. This includes information within
the knowledge of current or former agents, representatives, employees, and unless claimed to be
privileged, your attorneys and their investigators, agents, employees, and representatives.
4 The terms used in these Interrogatories are to be given their most expansive and
inclusive interpretation unless otherwise specifically limited. This includes, without limitation, the
following:
construing “and” and “or” in the disjunctive or conjunctive as necessary to
make an Interrogatory more inclusive;
construing the singular form of a word to include the plural and the plural
to include the singular; and
construing the present tense of a verb to include its past tense and vice-
versa.
5 “Communications” shall mean and refer to any oral or written utterance, notation,
or statement of any nature whatsoever, and to whomsoever made, including, but not limited to,
correspondence, conversations, dialogues, discussions, interviews, consultations, agreements, and
other understandings, among two or more persons. The term “Communications” shall include
Post-Judgment Interrogatories to DPX Power Systems, LLC — Page 3
200149681v1 C1901 00002 PJD ROGs - DPX
emails or other forms of information recorded electronically.
6. “Relating to” or “Relate to” means relating to or regarding in anyway. For
example, a document relates to a topic if it memorializes, describes, substantiates, supports,
underlies, reflects, or bears upon the topic, either directly or indirectly. Further, matters that relate
to a topic include not only the subject of the immediate Request, but also all documents that
memorialize, describe, substantiate, support, reflect or bear upon, either directly or indirectly, any
meeting, conference, conversation, or Communication, whether oral or written, regarding the
subject or topic of the Request.
7 The words “evidencing, 9 «6, ‘concerning, ” «6 reflecting, 46 related, » «6, related to,”
“pertaining,” or “pertaining to,” a given subject shall mean referring to, alluding to, responding
to, connected with, commenting on, in respect of, about regarding, discussing, showing,
describing, mentioning, reflecting, analyzing, constituting, evidencing or in any way pertinent to
such subject.
8 “Identify,” when referring to a document means stating the following: the nature
of the document; the title or heading of the document; the date of the document; the identity of the
author; and person on whose behalf or request the document was prepared.
9 “Identify,” when referring to a person means providing the persons full name, last
known address, and phone number, and in the case of an entity, the name, last known address, and
phone number of the entity’s agent most closely related to the subject matter of the discovery
request.
10. “Any” shall mean “each and every” as well as “any one.”
DE The singular includes the plural, and vice versa. The masculine includes the
feminine and neuter genders. The past tense includes the present tense where the clear meaning is
not distorted by change of tense.
Post-Judgment Interrogatories to DPX Power Systems, LLC ~ Page 4
200149681v1 C1901 00002 PJD ROGs - DPX
12. “Person” as used herein shall mean and include natural persons, governmental
entities and agencies, proprietorships, partnerships, corporations, joint ventures, firms,
associations, boards, commissions, and all other forms of organizations, where applicable.
13. “Any” shall mean “each and every” as well as “any one.”
14. “Plaintiff” or “Cholla” shall mean or refer to Plaintiff Cholla Petroleum, Inc., and
shall include all of its agents, representatives, and all other natural persons or business or legal
entities acting or purporting to act on its behalf.
15. “Defendant” or “DPX” refers to DPX Power Systems, LLC, Defendant in the
Lawsuit, and its agents, representatives, and any other person acting in concert with them, on their
behalf, or under their control, whether directly or indirectly.
16. “Parties” refers to the Plaintiff and Defendant.
17. “Party” refers to any Plaintiff or any Defendant.
18. “You,” “Your,” and “Yours” shall mean Defendant DPX Power Systems, LLC,
and shall include all employees, agents, representatives, and all other natural persons or business
or legal entities acting or purporting to act on its behalf.
19. “Known Entities” shall mean or refer to any or all known businesses affiliated with
Defendant DPX Power Systems, LLC, and shall include all of its agents, representatives, and all
other natural persons or business or legal entities acting or purporting to act on their behalf.
20. “Lawsuit” means Cholla Petroleum, Inc. v. DPX Power Systems, LLC, and Daniel
Holbrook, Individually; Case Number DC-23-06938, In the 134" District Court of Dallas County,
Texas.
2a “Generator #2” shall mean that certain 375 kW Caterpillar Natural Gas Generator,
Model No. G3412, Serial No. CATG3412CKAP01062, made subject of the Lawsuit.
Post-Judgment Interrogatories to DPX Power Systems, LLC — Page 5
200149681v1 C1901 00002 PJD ROGs - DPX
22. “Relevant Time Period” unless otherwise specifically stated herein, shall mean
from October 1, 2022, to present.
Post-Judgment Interrogatories to DPX Power Systems, LLC — Page 6
200149681v1 C1901 00002 PJD ROGs - DPX
POST-JUDGMENT INTERROGATORIES
INTERROGATORY NO. 1: Identify the person answering these interrogatories for Defendant.
ANSWER:
INTERROGATORY NO. 2: Has Defendant ever used a tradename or assumed name? If it has,
for each name please state:
a. the name used; and
b. the date and place of filing of each assumed name certificate.
ANSWER:
INTERROGATORY
NO. 3: Provide the tax identification number, state and date of
incorporation, and principal place of business for Defendant.
ANSWER:
INTERROGATORY NO. 4: Provide the exact whereabouts of Generator #2.
ANSWER:
INTERROGATORY NO. 5: State the working condition of Generator #2.
ANSWER:
INTERROGATORY NO. 6: Please state the contents verbatim of all of Defendant’s profit and
loss statements and balance sheets for the past five (5) years, or attach true and correct copies to
your answers.
ANSWER:
INTERROGATORY NO. 7: Please state a description of all personal property of whatever
nature, tangible or intangible, owned by Defendant, including: a description of the item, the item’s
cur
Preview
FILED 10/24/2023 4:14 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Debra Clark DEPUTY CAUSE NO. DC-23-06938 CHOLLA PETROLEUM, INC. IN THE DISTRICT COURT Plaintiff, vs. DALLAS COUNTY TEXAS DPX POWER SYSTEMS, LLC, and DANIEL HOLBROOK, Individually Defendants. 134™ JUDICIAL DISTRICT PLAINTIFF’S MOTION TO COMPEL DEFENDANTS?’ RESPONES TO PLAINTIFF’S POST-JUDGMENT DISCOVERY REQUESTS TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Plaintiff Cholla Petroleum, Inc., (“Plaintiff’ or “Cholla”) and files this Motion to Compel Defendants’ Responses to Plaintiff's Post-Judgment Discovery Requests. In support, Plaintiff would respectfully show the Court as follows: I BACKGROUN: D 1 On August 28, 2023, this Court granted Plaintiff damages pursuant to its Default Judgment (the “Final Judgment”) against Defendants DPX Power Systems, LLC (“DPX”) and Daniel Holbrook (“Holbrook”) (collectively, “Defendants”). 2. Subsequently, on September 21, 2023, Plaintiff served its Post-Judgment Interrogatories, Post-Judgment Requests for Admission, and Post-Judgment Requests for Production of Documents (“Post-Judgment Discovery”) to both DPX and Holbrook. All of Plaintiffs Post-Judgment Discovery requests to Defendants are attached hereto as Exhibit A. 3 Plaintiff served Defendants with the Post-Judgment Discovery by sending a cover letter enclosing the Post-Judgment Discovery to the following address: 113 Boeing Corner, Cibolo, Plaintiffs Motion to Compel Defendants” Responses to Plaintiff's Post Judgment Discovery Requests ~ Page 1 200159883v1 C1901 00002 Motion to Compel Gaudalupe County, Texas 78108, via certified mail, return receipt requested. Plaintiff further served the Post-Judgment Discovery on Defendants via email at Holbrook’s email address (Individually and as Former Managing Member), Daniel@DPXPower.com. A true and correct copy of the letter enclosing the Post-Judgment Discovery is attached hereto as Exhibit B. A true and correct copy of the email enclosing the Post-Judgment Discovery is attached hereto as Exhibit C. The cover letter enclosing the Notice and Post-Judgment Discovery was successfully served on Holbrook, individually and as Former Managing Member of DPX. A true and correct copy of the Return of Service is attached hereto as Exhibit D. 4 Pursuant to Rules 196.2(a), 197.2(a), and 198.2(a) of the Texas Rules of Civil Procedure, Defendants’ responses to Plaintiff's Post-Judgment Discovery were due on or before Tuesday, October 24, 2023. Defendants failed to produce any documents or provide any responses. IL. ARGUMENT 5 Pursuant to Texas Rule of Civil Procedure 215, Plaintiff may move to compel discovery if Defendants fail to respond to discovery requests. Further, under Rule 215, if this Motion is granted, Plaintiff may seek the reasonable expenses incurred in obtaining an order granting this Motion, including attorneys’ fees. 6. Therefore, Plaintiff, Cholla Petroleum, Inc., requests that the Court compel Defendants to respond to Plaintiff's Post-Judgment Discovery within seven days of the Order granting this Motion to Compel. Plaintiff further requests that the Court order Defendants to pay all reasonable expenses incurred by Plaintiff in filing this Motion. Plaintiff's reasonable attorneys’ fees and expenses for filing this Motion are $2,000.00, as described in Exhibit E. Plaintiffs Motion to Compel Defendants” Responses to Plaintiff's Post Judgment Discovery Requests ~ Page 2 200159883v1 C1901 00002 Motion to Compel PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff Cholla Petroleum, Inc., requests that this Court enter an Order granting Plaintiff's Motion to Compel Defendants’ Responses to Plaintiff's Post-Judgment Discovery Requests, request for attorneys’ fees and expenses, and for such other and further relief, at law and in equity, to which Plaintiff Cholla Petroleum, Inc., may be justly entitled. Respectfully submitted, By: /s/ Eli D. Pierce Scott M. Garelick Texas Bar No. 24029053 Eli D. Pierce State Bar No. 24092972 Two Lincoln Centre 5420 LBJ Freeway, Suite 1900 Dallas, Texas 75240 Telephone: (972) 661-5114 Facsimile: (972) 661-5691 Email: sgarelick@uplawtx.com Email: epierce@uplawtx.com ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE Thereby certify that a true and correct copy of the above and foregoing instrument was served upon all the Defendants, as listed below, via certified mail, return receipt requested and regular mail, on this 24" day of October 2023. Daniel Holbrook, Individually, and As Former Managing Member of DPX Power Systems, LLC 113 Boeing Corner Cibolo, Guadalupe County, Texas 78108 /s/ Eli D. Pierce Eli D. Pierce Plaintiffs Motion to Compel Defendants” Responses to Plaintiff's Post Judgment Discovery Requests ~ Page 3 200159883v1 C1901 00002 Motion to Compel EXHIBIT A CAUSE NO. DC-23-06938 CHOLLA PETROLEUM, INC. IN THE DISTRICT COURT Plaintiff, VS. DALLAS COUNTY TEXAS DPX POWER SYSTEMS, LLC, and DANIEL HOLBROOK, Individually Defendants. 134T™4 JUDICIAL DISTRICT CHOLLA PETROLEUM, INC.’S POST-JUDGMENT REQUESTS FOR ADMISSIONS TO DEFENDANT DPX POWER SYSTEMS, LLC To: Defendant DPX Power Systems, LLC, by and through its former Managing Member, Daniel Holbrook, 113 Boeing Corner, Cibolo, Guadalupe County, Texas 78108. Pursuant to Rule 198 of the Texas Rules of Civil Procedure, Plaintiff Cholla Petroleum, Inc. (“Plaintiff’ or “Cholla”), hereby serves its Post-Judgment Requests for Admissions to Defendant DPX Power Systems, LLC (“Defendant” or “DPX”). Defendant is directed to serve written responses to the Post-Judgement Requests for Admissions within thirty (30) days after the date of service pursuant to the Texas Rules of Civil Procedure. Plaintiff further requests that such responses be produced at the following location: Underwood Perkins, P.C., 5420 LBJ Freeway, Suite 1900, Dallas, Texas 75240. Post-Judgment Requests for Admissions to DPX Power Systems, LLC ~ Page | Respectfully submitted, Underwood Perkins, P.C. By: /s/ Eli D. Pierce Scott M. Garelick Texas Bar No. 24029053 Eli D. Pierce State Bar No. 24092972 Two Lincoln Centre 5420 LBJ Freeway, Suite 1900 Dallas, Texas 75240 Telephone: (972) 661-5114 Facsimile: (972) 661-5691 Email: sgarelick@uplawtx.com Email: epierce@uplawtx.com ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing instrument was served upon Defendant DPX Power Systems, LLC, as listed below, via regular mail and certified mail, return receipt requested, on this 218" day of September 2023: DPX Power Systems, LLC c/o Former Managing Member, Daniel Holbrook 113 Boeing Corner Cibolo, Guadalupe County, Texas 78108 /s/ Eli D. Pierce Eli D. Pierce Post-Judgment Requests for Admissions to DPX Power Systems, LLC ~ Page 2 POST-JUDGMENT REQUESTS FOR ADMISSIONS Please specifically admit or deny each of the following requests or explain in detail the reason(s) that you cannot admit or deny the request: REQUEST NO. 1. No reason exists why the judgment in this case should not be paid by Defendant. RESPONSE: REQUEST NO. 2. The facts support the judgment which was rendered in cause styled Cholla Petroleum, Inc. v. DPX Power Systems, LLC, and Daniel Holbrook, Individually; Case Number DC-23-06938, In the 134" District Court of Dallas County, Texas. RESPONSE: REQUEST NO. 3. Defendant is indebted to Plaintiff in the amount stated in the judgment, attached hereto as Exhibit A. RESPONSE: REQUEST NO. 4. Defendant is not in possession of the 375 kW Caterpillar Natural Gas Generator, Model No. G3412, Serial No. CATG3412CKAP01062. RESPONSE: REQUEST NO. 5. No property owned by Defendant is subject to levy or turnover to satisfy the judgment. RESPONSE: REQUEST NO. 6. Defendant owns collectable accounts receivable. RESPONSE: REQUEST NO. 7. Defendant continues to generate business revenue. RESPONSE: REQUEST NO. 8. Defendant owns stock, which cannot be readily attached or levied by ordinary legal process. RESPONSE: REQUEST NO. 9. Defendant has an active bank account. RESPONSE: Post-Judgment Requests for Admissions to DPX Power Systems, LLC ~ Page 3 REQUEST NO. 10. The bank account referred to in the preceding request is not exempt from attachment, execution, or seizure for the satisfaction of liabilities. RESPONSE: REQUEST NO. 11, Defendant owns real property, other than a homestead, which is sufficient to satisfy the judgment. RESPONSE: REQUEST NO. 12. The real property referred to in the preceding request is exempt from attachment, execution, or seizure for the satisfaction of liabilities. RESPONSE: REQUEST NO. 13. Defendant owns personal property, which cannot be readily attached or levied by ordinary legal process. RESPONSE: REQUEST NO. 14. The personal property referred to in the preceding request is exempt from attachment, execution, or seizure for the satisfaction of liabilities. RESPONSE: REQUEST NO. 15. The facts support placing Defendant in a receivership until the judgment herein is paid. RESPONSE: REQUEST NO. 16. No bond, or a minimal bond should be required for the receiver. RESPONSE: Post-Judgment Requests for Admissions to DPX Power Systems, LLC ~ Page 4 EXHIBIT A CAUSE NO. DC-23-06938 CHOLLA PETROLEUM, INC. IN THE DISTRICT COURT Plaintiff, vs. DALLAS COUNTY TEXAS DPX POWER SYSTEMS, LLC, and DANIEL HOLBROOK, Individually Defendants. 1347 JUDICIAL DISTRICT ORDER GRANTING PLAINTIFF DAMAGES PURSUANT TO DEFAULT JUDGMENT Upon review of the Pleadings on file and the arguments of counsel before this Court on August 21, 2023, this Court rules and it is hereby, ORDERED, ADJUDGED, AND DECREED, that Plaintiffis entitled to the following damages: 1 Plaintiff is awarded the cost to repair the 250kW Caterpillar Natural Gas Generator, Model No. G3406B SITA, Serial No. 4FD00325 (“Generator #1”), including the cost to procure and install a muffler and the cost to procure and install a battery and battery cable in the amount of $10,793.63; Defendant DPX Power Systems, LLC and Defendant Daniel Holbrook are ORDERED to deliver the 375 kW Caterpillar Natural Gas Generator, Model No. G3412, Serial No. CATG3412CKAPO1062 (“Generator #2”) to Cholla Petroleum, LLC on or before September 1, 2023; In the alternative to order No. 2 above, in the event Defendant DPX Power Systems, LLC and Defendant Daniel Holbrook are no longer in possession of Generator #2, Plaintiff is awarded the full purchase price of Generator #2 in the amount of $ 96,883.75; ORDER GRANTING PLAINTIFF DAMAGES PURSUANT TO DEFAULT JUDGMENT PAGE | 200142814v1 - C1901.00002 Order Default Damages Plaintiff is awarded the cost of renting a replacement generator to function in the place of Generator #1 from December 2022 through July of 2023 in the amount of $155,136.87; Plaintiff is awarded the cost of renting a replacement generator to function in the place of Generator #2 from February 2023 through July of 2023 in the amount of $ 161,370.71; Pursuant to Section 17.50 of the Texas Business and Commerce Code, Plaintiff is awarded an additional $100,000.00 in punitive damages against Defendant DPX Power Systems, LLC and Defendant Daniel Holbrook, both jointly and severally; Plaintiff is awarded an accounting of the $153,715.00 it paid to Defendant DPX Power Systems, LLC and Defendant Daniel Holbrook. Defendant DPX Power Systems, LLC and Defendant Daniel Holbrook are ORDERED to deliver an accounting of all funds Defendants received from Cholla Petroleum, LLC on or before September 1, 2023; and Plaintiffis awarded attorneys’ fees in the amount of $14,378.52. SIGNED this day of _ 2023. 8/28/2023 7:02:32 AM LA 4, THE HONORABLE DALE TILCERY ORDER GRANTING PLAINTIFF DAMAGES PURSUANT TO DEFAULT JUDGMENT PAGE 2 200142814v1 - C1901.00002 Order Default Damages CAUSE NO. DC-23-06938 CHOLLA PETROLEUM, INC. IN THE DISTRICT COURT Plaintiff, VS. DALLAS COUNTY TEXAS DPX POWER SYSTEMS, LLC, and DANIEL HOLBROOK, Individually Defendants. 13474 JUDICIAL DISTRICT CHOLLA PETROLEUM, INC.’S POST-JUDGMENT REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT DPX POWER SYSTEMS, LLC __ __ _ _ To: Defendant DPX Power Systems, LLC, by and through its former Managing Member, Daniel Holbrook, 113 Boeing Corner, Cibolo, Guadalupe County, Texas 78108. Pursuant to Texas Rule of Civil Procedure 621a and in accordance with Texas Rule of Civil Procedure 196, Plaintiff Cholla Petroleum, Inc. (“Plaintiff’ or “Cholla”) hereby serves its Post- Judgment Requests for Production of Documents to Defendant DPX Power Systems, LLC (“Defendant” or “DPX”). Defendant is directed to serve written responses to the Post-Judgement Requests for Production of Documents within thirty (30) days after the date of service pursuant to the Texas Rules of Civil Procedure. Plaintiff further requests that such responses and documents be produced at the following location: Underwood Perkins, P.C., 5420 LBJ Freeway, Suite 1900, Dallas, Texas 75240. Post-Judgment Requests for Production to DPX Power Systems, LLC ~ Page 1 200149683v1 C1901 00002 PDJ RFPs - DPX Respectfully submitted, Underwood Perkins, P.C. By: /s/ Eli D. Pierce Scott M. Garelick Texas Bar No. 24029053 Eli D. Pierce State Bar No. 24092972 Two Lincoln Centre 5420 LBJ Freeway, Suite 1900 Dallas, Texas 75240 Telephone: (972) 661-5114 Facsimile: (972) 661-5691 Email: sgarelick@uplawtx.com Email: epierce@uplawtx.com ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing instrument was served upon Defendant DPX Power Systems, LLC, as listed below, via regular mail and certified mail, return receipt requested, on this 21‘ day of September 2023: DPX Power Systems, LLC c/o Former Managing Member, Daniel Holbrook 113 Boeing Corner Cibolo, Guadalupe County, Texas 78108 /s/ Eli D. Pierce Eli D. Pierce Post-Judgment Requests for Production to DPX Power Systems, LLC ~ Page 2 200149683v1 C1901 00002 PDJ RFPs - DPX INSTRUCTIONS AND DEFINITIONS 1 You are required to produce all documents in accordance with Rules 621a, 193 and 196 of the Texas Rules of Civil Procedure, including not only those documents in your actual possession, custody, or control, but also those in your constructive possession. See Tex. R. Civ. P. 196.3. Thus, if the requested documents are in the possession or custody of a third party, whom, at your direction, is required to produce such documents, you must direct such individual or entity to provide all responsive documents to you, which you, in turn, must produce. 2. Please label each item produced with reference to the specific request to which it is responsive. If no documents or things exist that are responsive to the request for production, please say so. 3 If any document or tangible thing requested was at one time in existence, but no longer exists, please say so, specifying for each document or tangible thing: The type of document or tangible thing; The type of information contained in it; The date upon which it ceased to exist; The circumstances by which it ceased to exist; and The identity of all persons having knowledge of the contents of such document or tangible thing. 4 These requests are continuing in nature and require supplemental answers. In the event you, or any person acting on your behalf, become aware of additional material that is responsive to any of the following requests at any time after providing your initial answers, you are required to furnish such information to opposing counsel. Failure to do so may lead to a motion to extend post-judgment discovery in order to investigate newly discovered material. 5 This request specifically encompasses information that exists in electronic and magnetic form or data, including all metadata. You are requested to produce such data in its native or original electronic form. Finally, to the extent that data and information cannot reasonably be produced in either of the foregoing methods, please print and produce such material in paper form. Post-Judgment Requests for Production to DPX Power Systems, LLC ~ Page 3 200149683v1 C1901 00002 PDJ RFPs - DPX 6 “Document” or “documents” shall mean every “document” within the widest permissible scope of the Texas Rules of Civil Procedure, including, without limitation, every original (and every copy of any original or copy which differs in any way from any original) of every writing or recording of every kind or description, whether handwritten, typed, drawn, sketched, printed, or recorded or maintained by any physical, mechanical, electronic, or electrical means whatsoever, including, without limitation, electronic communications or databases, emails (including, without limitation, received emails, sent emails, and deleted emails together with all attachments), text messages, social media (including but not limited to posts or messages from or on Facebook, Twitter, LinkedIn, Instagram, Snapchat, and WhatsApp), SMS, MMS, BBM, or other instant message system or format, books, records, papers, pamphlets, brochures, circulars, advertisements, specifications, notebooks, worksheets, reports, lists, analyses, summaries, tax returns, financial statements, profit and loss statements, cash flow statements, balance sheets, annual or other periodic reports, calendars, appointment books, diaries, telephone bills and toll call records, expense reports, commission statements, itineraries, agendas, check books, canceled checks, receipts, agreements, applications, offers, acceptances, proposals, purchase orders, invoices, written, electronic or otherwise recorded memorials of oral communications, forecasts, photographs, photographic slides or negatives, films, film strips, tapes and recordings. 7 “Communications” shall mean and refer to any oral or written utterance, notation, or statement of any nature whatsoever, and to whomsoever made, including, but not limited to, correspondence, conversations, dialogues, discussions, interviews, consultations, agreements and other understandings, among two or more persons. The term “Communications” shall include emails or other forms of information recorded electronically. 8 “Bank and Brokerage Records” refers to checking account records, checking account statements, savings account records, savings account statements, brokerage account Post-Judgment Requests for Production to DPX Power Systems, LLC ~ Page 4 200149683v1 C1901 00002 PDJ RFPs - DPX records, brokerage account statements, investment account records, investment account statements, mutual fund records, mutual fund statements, certificate of deposit records, certificate of deposit statements, money market account records, money market account statements, interest- bearing account records, interest-bearing account statements, records of draws and deposits from the aforementioned types of accounts, records of checks drawn and issued from such accounts, records of money transfers to and from such accounts, and any and all Documents or Communications that refer to or relate to the Bank and Brokerage Records. 9. “Financial Records” means financial statements, balance sheets, accounting records, and books of account documenting income, profits, losses, expenses, expenditures, charges, costs, payments, and other Documents reflecting any receipt, expenditure, or payment of monies. 10. “Assets” means anything that has or had value in which the company at issue holds or previously held any interest (ownership or otherwise), whether directly or indirectly, legally or beneficially. By way of example only, the term “Assets” includes, without limitation: cash, inventory, equipment, any and all real property, accounts receivable, contract rights, goodwill, any and all personal property, autos, trucks, tractors, trailers, airplanes, boats, intellectual property (including licenses), stocks, bonds, defense bonds, securities, partnership interests, joint venture interests, LLC interests, trust interests, any ownership or membership interests in any subsidiary or affiliates, and any liens, security interests, and mortgages, and any judgments or arbitration awards. 11. “Relating to” or “Relate to” means relating to or regarding in anyway. For example, a document relates to a topic if it memorializes, describes, substantiates, supports, underlies, reflects or bears upon the topic, either directly or indirectly. Further, matters that relate to a topic include not only the subject of the immediate Request, but also all documents that Post-Judgment Requests for Production to DPX Power Systems, LLC ~ Page 5 200149683v1 C1901 00002 PDJ RFPs - DPX memorialize, describe, substantiate, support, reflect or bear upon, either directly or indirectly, any meeting, conference, conversation or Communication, whether oral or written, regarding the subject or topic of the Request. 12. The words “evidencing, 3 «6, ‘concerning, ” «6 reflecting,” “related,” “related to,” “pertaining,” or “pertaining to,” a given subject mean referring to, alluding to, responding to, connected with, commenting on, in respect of, about, regarding, discussing, showing, describing, mentioning, reflecting, analyzing, constituting, evidencing, or in any way pertinent to such subject. 13. “Any” shall mean “each and every” as well as “any one.” 14. The singular includes the plural, and vice versa. The masculine includes the feminine and neuter genders. The past tense includes the present tense where the clear meaning is not distorted by change of tense. 15. “Person” as used herein shall mean and include natural persons, governmental entities and agencies, proprietorships, partnerships, corporations, joint ventures, firms, associations, boards, commissions, and all other forms of organizations, where applicable. 16. “Plaintiff” or “Cholla” refers to Cholla Petroleum, Inc., Plaintiff in the Lawsuit, and its agents, representatives, and any other person acting in concert with them, on their behalf, or under their control, whether directly or indirectly. 17. “Defendant” or “DPX” refers to DPX Power Systems, LLC, Defendant in the Lawsuit, and its agents, representatives, and any other person acting in concert with them, on their behalf, or under their control, whether directly or indirectly. 18. “Lawsuit” means Cholla Petroleum, Inc. v. DPX Power Systems, LLC, and Daniel Holbrook, Individually; Case Number DC-23-06938, In the 134" District Court of Dallas County, Texas. 19. “Parties” refers to the Plaintiff and Defendant. Post-Judgment Requests for Production to DPX Power Systems, LLC ~ Page 6 200149683v1 C1901 00002 PDJ RFPs - DPX 20. “Party” refers to any Plaintiff or any Defendant. 21. “You,” “Your,” and “Yours” shall mean Defendant DPX Power Systems, LLC, and shall include all employees, agents, representatives, and all other natural persons or business or legal entities acting or purporting to act on its behalf. 22. “Relevant Time Period” unless otherwise specifically stated herein, shall mean from October 1, 2022, to present. Post-Judgment Requests for Production to DPX Power Systems, LLC ~ Page 7 200149683v1 C1901 00002 PDJ RFPs - DPX POST-JUDGMENT REQUESTS FOR PRODUCTION OF DOCUMENTS REQUEST NO. 1, Produce all Documents constituting Defendant’s Bank and Brokerage Records during the Relevant Time Period. RESPONSE: REQUEST NO. 2. Produce all Documents constituting Defendant’s Financial Records during the Relevant Time Period. RESPONSE: REQUEST NO. 3. Produce all Documents that identify any or all of Defendant’s Assets during the Relevant Time Period. RESPONSE: REQUEST NO. 4. Produce all Documents that show or indicate the value of any of Defendant’s Assets during the Relevant Time Period. RESPONSE: REQUEST NO. 5. Produce all Documents that show or indicate the amount of any of Defendant’s debts during the Relevant Time Period. RESPONSE: REQUEST NO. 6. Produce all Documents that identify any or all of Defendant’s liabilities during the Relevant Time Period. RESPONSE: REQUEST NO. 7, Produce all Documents relating to all safe deposit boxes or other depositories owned, leased, rented, held, or maintained by Defendant, or to which you have access during the Relevant Time Period. RESPONSE: REQUEST NO. 8. Produce all Documents relating to any real property in which Defendant currently holds or previously held any interest (ownership or otherwise) during the Relevant Time Period. RESPONSE: Post-Judgment Requests for Production to DPX Power Systems, LLC ~ Page 8 200149683v1 C1901 00002 PDJ RFPs - DPX REQUEST NO. 9, Produce all Documents showing any personal property in which Defendant currently holds or previously held any interest (ownership or otherwise), including, but not limited to, any accounts receivable and contract rights, and any auto, truck, tractor, trailer, airplane, boat or other personal property during the Relevant Time Period. RESPONSE: REQUEST NO. 10. Produce all Documents showing any intellectual property in which Defendant currently holds or previously held any interest (ownership or otherwise, including a license) during the Relevant Time Period. RESPONSE: REQUEST NO. 11, Produce all Documents showing Defendant’s current or prior ownership or membership interests in any entities during the Relevant Time Period. RESPONSE: REQUEST NO. 12, Produce all Documents showing any transfer, pledge, or disposition by Defendant of any property owned by Defendant during the Relevant Time Period. RESPONSE: REQUEST NO. 13. Produce all Documents relating to any money borrowed by Defendant from any person during the Relevant Time Period. RESPONSE: REQUEST NO. 14, Produce all Documents relating to any loans made by Defendant to any person during the Relevant Time Period. RESPONSE: REQUEST NO. 15. Produce all Documents relating to any liens, security interests, mortgages, and/or any judgments, settlements, or arbitration awards in Defendant’s favor during the Relevant Time Period. RESPONSE: REQUEST NO. 16, Produce all pleadings filed in any lawsuits or arbitration proceedings either initiated by or against Defendant during the Relevant Time Period. RESPONSE: Post-Judgment Requests for Production to DPX Power Systems, LLC ~ Page 9 200149683v1 C1901 00002 PDJ RFPs - DPX REQUEST NO. 17. Produce all Documents relating to property or money held in trust, in an estate, or in any other name or capacity for Defendant by any person, including, without limitation, any receiver, agent, nominee, or custodian during the Relevant Time Period. RESPONSE: REQUEST NO. 18. Produce all Documents relating to any debts owed to Defendant by any person during the Relevant Time Period. RESPONSE: REQUEST NO. 19. Produce all Documents relating to any trade names, d/b/a’s, trademarks and/or service marks under which Defendant operated during the Relevant Time Period. RESPONSE: REQUEST NO. 20. Produce all income tax returns filed by Defendant during the Relevant Time Period. RESPONSE: REQUEST NO. 21, Produce all Documents referred to in anyway, directly or indirectly, in any and all income tax returns filed by Defendant during the Relevant Time Period. RESPONSE: REQUEST NO. 22. All Documents referring in anyway, directly or indirectly, to the name and address of persons or entities to whom Defendant has given a financial statement during the Relevant Time Period. RESPONSE: REQUEST NO. 23. All Documents containing or referring in anyway, directly or indirectly, to the names and addresses of persons who have served as bookkeepers or financial advisers for Defendant during the Relevant Time Period. RESPONSE: REQUEST NO. 24, All Documents referring in anyway, directly or indirectly, to any legal cause of action, either real or anticipated, by or against Defendant during the Relevant Time Period. RESPONSE: Post-Judgment Requests for Production to DPX Power Systems, LLC ~ Page 10 200149683v1 C1901 00002 PDJ RFPs - DPX REQUEST NO. 25, All Documents referring in anyway, directly or indirectly, to the anticipated amount of recovery in any legal cause of action during the Relevant Time Period, either real or anticipated, by Defendant. RESPONSE: REQUEST NO. 26, All Documents referring in anyway, directly or indirectly, to each person or entity who has served as a bank or savings institution for Defendant during the Relevant Time. RESPONSE: REQUEST NO. 27. All Documents referring in anyway, directly or indirectly, to any insurance payment Defendant may have or any insurance payment due to Defendant. RESPONSE: Post-Judgment Requests for Production to DPX Power Systems, LLC ~ Page I 200149683v1 C1901 00002 PDJ RFPs - DPX CAUSE NO. DC-23-06938 CHOLLA PETROLEUM, INC. IN THE DISTRICT COURT Plaintiff, VS. DALLAS COUNTY TEXAS DPX POWER SYSTEMS, LLC, and DANIEL HOLBROOK, Individually Defendants. 134T4 JUDICIAL DISTRICT CHOLLA PETROLEUM, INC.’S POST-JUDGMENT INTERROGATORIES TO DEFENDANT DPX POWER SYSTEMS, LLC To: Defendant DPX Power Systems, LLC, by and through its former Managing Member, Daniel Holbrook, 113 Boeing Corner, Cibolo, Guadalupe County, Texas 78108. Pursuant to Texas Rules of Civil Procedure 197 and 621a, Plaintiff Cholla Petroleum, Inc. (“Plaintiff’ or “Cholla”), hereby serves its Post-Judgment Interrogatories to Defendant DPX Power Systems, LLC (“Defendant” or “DPX”). Plaintiff requests Defendant to answer the following written interrogatories separately and fully, in writing, and under oath, having the answers signed by the person making them and serving a true copy of the answers on the undersigned attorney within thirty days after service hereof pursuant to the Texas Rules of Civil Procedure. Plaintiff further requests that such responses be produced at the following location: Underwood Perkins, P.C., 5420 LBJ Freeway, Suite 1900, Dallas, Texas 75240. Post-Judgment Interrogatories to DPX Power Systems, LLC ~ Page | 200149681v1 C1901 00002 PJD ROGs - DPX Respectfully submitted, Underwood Perkins, P.C. By: /s/ Eli D. Pierce Scott M. Garelick Texas Bar No. 24029053 Eli D. Pierce State Bar No. 24092972 Two Lincoln Centre 5420 LBJ Freeway, Suite 1900 Dallas, Texas 75240 Telephone: (972) 661-5114 Facsimile: (972) 661-5691 Email: sgarelick@uplawtx.com Email: epierce@uplawtx.com ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing instrument was served upon Defendant DPX Power Systems, LLC, as listed below, via regular mail and certified mail, return receipt requested, on this 21‘ day of September 2023: DPX Power Systems, LLC c/o Former Managing Member, Daniel Holbrook 113 Boeing Corner Cibolo, Guadalupe County, Texas 78108 /s/ Eli D. Pierce Eli D. Pierce Post-Judgment Interrogatories to DPX Power Systems, LLC ~ Page 2 200149681v1 C1901 00002 PJD ROGs - DPX INSTRUCTIONS AND DEFINITIONS The following instructions and definitions apply herein: 1 These interrogatories are continuing in nature, and to the extent required by the Texas Rules of Civil Procedure and applicable case law, they require supplemental responses in the event that you become aware of further information. 2. These interrogatories are intended to cover all information in your possession, custody, or control, including, but not limited to, all information within the possession, custody, or control of any person or entity acting on your behalf as well as information in the possession of third parties obligated to produce documents or information at your request. 3 In answering these interrogatories, furnish such information as is available to you, not merely information within your own personal knowledge. This includes information within the knowledge of current or former agents, representatives, employees, and unless claimed to be privileged, your attorneys and their investigators, agents, employees, and representatives. 4 The terms used in these Interrogatories are to be given their most expansive and inclusive interpretation unless otherwise specifically limited. This includes, without limitation, the following: construing “and” and “or” in the disjunctive or conjunctive as necessary to make an Interrogatory more inclusive; construing the singular form of a word to include the plural and the plural to include the singular; and construing the present tense of a verb to include its past tense and vice- versa. 5 “Communications” shall mean and refer to any oral or written utterance, notation, or statement of any nature whatsoever, and to whomsoever made, including, but not limited to, correspondence, conversations, dialogues, discussions, interviews, consultations, agreements, and other understandings, among two or more persons. The term “Communications” shall include Post-Judgment Interrogatories to DPX Power Systems, LLC — Page 3 200149681v1 C1901 00002 PJD ROGs - DPX emails or other forms of information recorded electronically. 6. “Relating to” or “Relate to” means relating to or regarding in anyway. For example, a document relates to a topic if it memorializes, describes, substantiates, supports, underlies, reflects, or bears upon the topic, either directly or indirectly. Further, matters that relate to a topic include not only the subject of the immediate Request, but also all documents that memorialize, describe, substantiate, support, reflect or bear upon, either directly or indirectly, any meeting, conference, conversation, or Communication, whether oral or written, regarding the subject or topic of the Request. 7 The words “evidencing, 9 «6, ‘concerning, ” «6 reflecting, 46 related, » «6, related to,” “pertaining,” or “pertaining to,” a given subject shall mean referring to, alluding to, responding to, connected with, commenting on, in respect of, about regarding, discussing, showing, describing, mentioning, reflecting, analyzing, constituting, evidencing or in any way pertinent to such subject. 8 “Identify,” when referring to a document means stating the following: the nature of the document; the title or heading of the document; the date of the document; the identity of the author; and person on whose behalf or request the document was prepared. 9 “Identify,” when referring to a person means providing the persons full name, last known address, and phone number, and in the case of an entity, the name, last known address, and phone number of the entity’s agent most closely related to the subject matter of the discovery request. 10. “Any” shall mean “each and every” as well as “any one.” DE The singular includes the plural, and vice versa. The masculine includes the feminine and neuter genders. The past tense includes the present tense where the clear meaning is not distorted by change of tense. Post-Judgment Interrogatories to DPX Power Systems, LLC ~ Page 4 200149681v1 C1901 00002 PJD ROGs - DPX 12. “Person” as used herein shall mean and include natural persons, governmental entities and agencies, proprietorships, partnerships, corporations, joint ventures, firms, associations, boards, commissions, and all other forms of organizations, where applicable. 13. “Any” shall mean “each and every” as well as “any one.” 14. “Plaintiff” or “Cholla” shall mean or refer to Plaintiff Cholla Petroleum, Inc., and shall include all of its agents, representatives, and all other natural persons or business or legal entities acting or purporting to act on its behalf. 15. “Defendant” or “DPX” refers to DPX Power Systems, LLC, Defendant in the Lawsuit, and its agents, representatives, and any other person acting in concert with them, on their behalf, or under their control, whether directly or indirectly. 16. “Parties” refers to the Plaintiff and Defendant. 17. “Party” refers to any Plaintiff or any Defendant. 18. “You,” “Your,” and “Yours” shall mean Defendant DPX Power Systems, LLC, and shall include all employees, agents, representatives, and all other natural persons or business or legal entities acting or purporting to act on its behalf. 19. “Known Entities” shall mean or refer to any or all known businesses affiliated with Defendant DPX Power Systems, LLC, and shall include all of its agents, representatives, and all other natural persons or business or legal entities acting or purporting to act on their behalf. 20. “Lawsuit” means Cholla Petroleum, Inc. v. DPX Power Systems, LLC, and Daniel Holbrook, Individually; Case Number DC-23-06938, In the 134" District Court of Dallas County, Texas. 2a “Generator #2” shall mean that certain 375 kW Caterpillar Natural Gas Generator, Model No. G3412, Serial No. CATG3412CKAP01062, made subject of the Lawsuit. Post-Judgment Interrogatories to DPX Power Systems, LLC — Page 5 200149681v1 C1901 00002 PJD ROGs - DPX 22. “Relevant Time Period” unless otherwise specifically stated herein, shall mean from October 1, 2022, to present. Post-Judgment Interrogatories to DPX Power Systems, LLC — Page 6 200149681v1 C1901 00002 PJD ROGs - DPX POST-JUDGMENT INTERROGATORIES INTERROGATORY NO. 1: Identify the person answering these interrogatories for Defendant. ANSWER: INTERROGATORY NO. 2: Has Defendant ever used a tradename or assumed name? If it has, for each name please state: a. the name used; and b. the date and place of filing of each assumed name certificate. ANSWER: INTERROGATORY NO. 3: Provide the tax identification number, state and date of incorporation, and principal place of business for Defendant. ANSWER: INTERROGATORY NO. 4: Provide the exact whereabouts of Generator #2. ANSWER: INTERROGATORY NO. 5: State the working condition of Generator #2. ANSWER: INTERROGATORY NO. 6: Please state the contents verbatim of all of Defendant’s profit and loss statements and balance sheets for the past five (5) years, or attach true and correct copies to your answers. ANSWER: INTERROGATORY NO. 7: Please state a description of all personal property of whatever nature, tangible or intangible, owned by Defendant, including: a description of the item, the item’s cur