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CAUSE NO. 2023 03316
SERIES 2 VIRAGE MASTER LP IN THE DISTRICT COURT OF
Plaintiff,
HARRIS COUNTY, TEXAS
THE SYDOW FIRM, PLLC, MICHAEL D.
SYDOW, and DAVID FETTNER, AS
RECEIVER
Defendants. 113th JUDICIAL DISTRICT COURT
PLAINTIFF SERIES 2 VIRAGE MASTER LP’S
FIRST SET OF INTERROGATORIESTO DEFENDANT DAVID FETTNER
TO: Defendant David Fettner, through his attorney of record, James E. Thompson, 6700
Sands Point Drive, Houston, Texas 77074, jet@fettnerthompson.com.
Pursuant to EXAS ULES OF IVIL ROCEDURE, Plaintiff Series 2 Virage Master LP
(“Virage”), serves the First Set of Requests for Production to Defendant David Fettner. Defendant
must respond within thirty (30) days of service.
Dated: April 17, 2023 Respectfully Submitted,
AHMAD, ZAVITSANOS& MENSING, P LLC
/s/ Todd Mensing
Todd Mensing
Texas Bar No. 24013156
Cameron Byrd
Texas Bar No. 24097444
Alexander M. Dvorscak
Texas Bar No. 24120461
1221 McKinney Street, Suite 2500
Houston, Texas 77010
Telephone: 713-655-1101
Facsimile: 713-655-0062
Tmensing@azalaw.com
cbyrd@azalaw.com
advorscak@azalaw.com
ATTORNEYS FOR PLAINTIFF
SERIES 2 VIRAGE MASTER LP
CERTIFICATE OF SERVICE
I hereby certify that, on April 1, 2023, the foregoing document was electronically served
on all counsel of record in accordance with the Texas Rules of Civil Procedure.
Robin M. Ziek
24 Greenway Plaza, Suite 2050
Houston, Texas 77046
(713) 222-8030
(832) 565-9011 – Fax
rziek@zieklaw.com
Counsel for Defendants, The Sydow Firm, PLLC and Michael D. Sydow
James E. Thompson
6700 Sands Point Drive
Houston, Texas 77074
Phone: (713) 626-7277
Fax: (888) 876-2292
jet@fettnerthompson.com
services@fettnerthompson.com
Counsel for Defendant David Fettner, as Receiver
/s/ Alexander M. Dvorscak
Alexander M. Dvorscak
DEFINITIONS AND INSTRUCTIONS
Except as specifically defined below, the terms used in these Interrogatories shall be
construed and defined in accordance with the Texas Rules of Civil Procedure wherever applicable.
The following instructions and definitions are applicable to each Interrogatory unless
otherwise explicitly stated. Any terms not otherwise defined shall be given their plain and ordinary
meaning.
INSTRUCTIONS
Each Interrogatory is to be read, construed, and responded to separately and
independently without reference to or being limited by any other request.
If in answering these Interrogatories you claim an ambiguity in interpreting
either the Interrogatory or any definition or instruction, that claim shall not be used as a basis
for refusing to respond, but you shall set forth as part of the response the language deemed to
be ambiguous and the interpretation chosen or used in responding to the Interrogatory.
Supplementation Required. You are required to supplement your responses,
whether incomplete or incorrect when made or no longer complete or correct, in accordance
with Rule 193.5 of the Texas Rules of Civil Procedure.
Objections. In the event that you file a proper and timely objection to any
individual interrogatory or a portion thereof, please respond to all portions of the request
which do not fall within the scope of your objection.
You are advised that under the Texas Rules of Civil Procedure and relevant
case law, interrogatories that identify the “logically or factually related” information sought
do not constitute discrete subparts and are not to be counted as separate interrogatories. See
Official Comment 3 to the 1999 revision of Rule 190:
“Discrete subparts” of interrogatories are counted as single interrogatories, but not
every separate factual inquiry is a discrete subpart. See Fed. R. Civ. P. 33(a). While
not susceptible of precise definition, see Braden v. Downey 811 S.W.2d 922, 927
(Tex. 1991), a “discrete subpart” is, in general, one that calls for information that is
not logically or factually related to the primary interrogatory. See also In re SWEPI
L.P 103 S.W.3d 578, 589 (Tex. App.San Antonio 2003, no pet.) (interrogatory did
not involve “discrete subparts” where it simply identified the specific, factually related
kind of information sought by the interrogatory).
DEFINITIONS
All capitalized terms shall have the same meaning as they are defined in the Note unless
otherwise stated below.
The term “Plaintiff” or “Virage” shall mean Plaintiff Series Virage Master LP well
agents, ent subsidi ries, pred cess rs, iliate , officers, directors,
ployees, attrneys,owners,and shareholders
Fettner, “Defendant,” “You,” or “Your” shall mean Defendant David Fettner in the
above styled civil action, and his agents, employees, representatives, and all other persons
acting on hisbehalf.
The Sydow Firm” shall mean Defendant The Sydow Firm, PLLC, in the above styled
civil action and its parents, subsidiaries, affiliates, predecessor entities, and all entities of
which it is the successor in interest; and its officers, directors, employees, representatives,
agents, and all persons acting on its behalf.
Sydow” shall mean Defendant Michael D. Sydow in the above styled civil action, and his
agents, employees, representatives, and all other persons acting on hisbehalf.
“LitCap” means the third party litigation funding platform utilized by Virage and The
Sydow Firm to effectuate the Note, and its officers, directors, employees, representatives,
agents, and all persons acting on its behalf, including but not limited to, Hugh Plummer,
Jr., Bryan Patterson, Aubree Feldmann, and Jane Haas
Lawsuit” means the above numbered and titled cause.
“Petition” means the latest petition filed by Plaintiff.
“Note” means the LitCap Business Expense Note, No. 711, by and between The Sydow
Firm and Series 2 Virage Master LP, with Michael D. Sydow, as guarantor, dated
November 20, 2014.
“Virage’s Collateral” means any Recovery in a Litigation Matter described in the Note
“Penafiel Litigation Matter” means the following cases, as well as any related matters,
including the arbitration proceeding regarding The Sydow Firm’s right to fees and
recovery, cause no. 2021 36031: (1) Cause No. 2003 In the Matter of the Marriage
of Lisa Penafiel and Jose Alejandro Penafiel In the 312th Judicial District Court of Harris
County, Texas; (2) Cause 1999 East Asia Gas Co., Ltd. and Canada Grande, Ltd.
v. Tripetrol Holdings, Inc In the 151st Judicial District Court of Harris County, Texas;
and (3) Intervention filed by John Nichols, Sr.
“And” as well as “or” refers to all documents, persons, or entities inclusively.
“Any” refers to any and all documents, persons, or entities inclusively, not the option of
responding as to some but not to others
INTERROGATORIES
INTERROGATORY NO. 1Provide the basis for your contention that Virage is not entitled to
repayment from any Recovery related to the Penafiel Litigation Matter directly from You to The
Sydow Firm or Sydow.
RESPONSE:
INTERROGATORY NO. 2:Identify each asset that You have recovered as receiver for the
Penafiel Litigation Matter.
RESPONSE:
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CAUSE NO. 2023 03316 SERIES 2 VIRAGE MASTER LP IN THE DISTRICT COURT OF Plaintiff, HARRIS COUNTY, TEXAS THE SYDOW FIRM, PLLC, MICHAEL D. SYDOW, and DAVID FETTNER, AS RECEIVER Defendants. 113th JUDICIAL DISTRICT COURT PLAINTIFF SERIES 2 VIRAGE MASTER LP’S FIRST SET OF INTERROGATORIESTO DEFENDANT DAVID FETTNER TO: Defendant David Fettner, through his attorney of record, James E. Thompson, 6700 Sands Point Drive, Houston, Texas 77074, jet@fettnerthompson.com. Pursuant to EXAS ULES OF IVIL ROCEDURE, Plaintiff Series 2 Virage Master LP (“Virage”), serves the First Set of Requests for Production to Defendant David Fettner. Defendant must respond within thirty (30) days of service. Dated: April 17, 2023 Respectfully Submitted, AHMAD, ZAVITSANOS& MENSING, P LLC /s/ Todd Mensing Todd Mensing Texas Bar No. 24013156 Cameron Byrd Texas Bar No. 24097444 Alexander M. Dvorscak Texas Bar No. 24120461 1221 McKinney Street, Suite 2500 Houston, Texas 77010 Telephone: 713-655-1101 Facsimile: 713-655-0062 Tmensing@azalaw.com cbyrd@azalaw.com advorscak@azalaw.com ATTORNEYS FOR PLAINTIFF SERIES 2 VIRAGE MASTER LP CERTIFICATE OF SERVICE I hereby certify that, on April 1, 2023, the foregoing document was electronically served on all counsel of record in accordance with the Texas Rules of Civil Procedure. Robin M. Ziek 24 Greenway Plaza, Suite 2050 Houston, Texas 77046 (713) 222-8030 (832) 565-9011 – Fax rziek@zieklaw.com Counsel for Defendants, The Sydow Firm, PLLC and Michael D. Sydow James E. Thompson 6700 Sands Point Drive Houston, Texas 77074 Phone: (713) 626-7277 Fax: (888) 876-2292 jet@fettnerthompson.com services@fettnerthompson.com Counsel for Defendant David Fettner, as Receiver /s/ Alexander M. Dvorscak Alexander M. Dvorscak DEFINITIONS AND INSTRUCTIONS Except as specifically defined below, the terms used in these Interrogatories shall be construed and defined in accordance with the Texas Rules of Civil Procedure wherever applicable. The following instructions and definitions are applicable to each Interrogatory unless otherwise explicitly stated. Any terms not otherwise defined shall be given their plain and ordinary meaning. INSTRUCTIONS Each Interrogatory is to be read, construed, and responded to separately and independently without reference to or being limited by any other request. If in answering these Interrogatories you claim an ambiguity in interpreting either the Interrogatory or any definition or instruction, that claim shall not be used as a basis for refusing to respond, but you shall set forth as part of the response the language deemed to be ambiguous and the interpretation chosen or used in responding to the Interrogatory. Supplementation Required. You are required to supplement your responses, whether incomplete or incorrect when made or no longer complete or correct, in accordance with Rule 193.5 of the Texas Rules of Civil Procedure. Objections. In the event that you file a proper and timely objection to any individual interrogatory or a portion thereof, please respond to all portions of the request which do not fall within the scope of your objection. You are advised that under the Texas Rules of Civil Procedure and relevant case law, interrogatories that identify the “logically or factually related” information sought do not constitute discrete subparts and are not to be counted as separate interrogatories. See Official Comment 3 to the 1999 revision of Rule 190: “Discrete subparts” of interrogatories are counted as single interrogatories, but not every separate factual inquiry is a discrete subpart. See Fed. R. Civ. P. 33(a). While not susceptible of precise definition, see Braden v. Downey 811 S.W.2d 922, 927 (Tex. 1991), a “discrete subpart” is, in general, one that calls for information that is not logically or factually related to the primary interrogatory. See also In re SWEPI L.P 103 S.W.3d 578, 589 (Tex. App.San Antonio 2003, no pet.) (interrogatory did not involve “discrete subparts” where it simply identified the specific, factually related kind of information sought by the interrogatory). DEFINITIONS All capitalized terms shall have the same meaning as they are defined in the Note unless otherwise stated below. The term “Plaintiff” or “Virage” shall mean Plaintiff Series Virage Master LP well agents, ent subsidi ries, pred cess rs, iliate , officers, directors, ployees, attrneys,owners,and shareholders Fettner, “Defendant,” “You,” or “Your” shall mean Defendant David Fettner in the above styled civil action, and his agents, employees, representatives, and all other persons acting on hisbehalf. The Sydow Firm” shall mean Defendant The Sydow Firm, PLLC, in the above styled civil action and its parents, subsidiaries, affiliates, predecessor entities, and all entities of which it is the successor in interest; and its officers, directors, employees, representatives, agents, and all persons acting on its behalf. Sydow” shall mean Defendant Michael D. Sydow in the above styled civil action, and his agents, employees, representatives, and all other persons acting on hisbehalf. “LitCap” means the third party litigation funding platform utilized by Virage and The Sydow Firm to effectuate the Note, and its officers, directors, employees, representatives, agents, and all persons acting on its behalf, including but not limited to, Hugh Plummer, Jr., Bryan Patterson, Aubree Feldmann, and Jane Haas Lawsuit” means the above numbered and titled cause. “Petition” means the latest petition filed by Plaintiff. “Note” means the LitCap Business Expense Note, No. 711, by and between The Sydow Firm and Series 2 Virage Master LP, with Michael D. Sydow, as guarantor, dated November 20, 2014. “Virage’s Collateral” means any Recovery in a Litigation Matter described in the Note “Penafiel Litigation Matter” means the following cases, as well as any related matters, including the arbitration proceeding regarding The Sydow Firm’s right to fees and recovery, cause no. 2021 36031: (1) Cause No. 2003 In the Matter of the Marriage of Lisa Penafiel and Jose Alejandro Penafiel In the 312th Judicial District Court of Harris County, Texas; (2) Cause 1999 East Asia Gas Co., Ltd. and Canada Grande, Ltd. v. Tripetrol Holdings, Inc In the 151st Judicial District Court of Harris County, Texas; and (3) Intervention filed by John Nichols, Sr. “And” as well as “or” refers to all documents, persons, or entities inclusively. “Any” refers to any and all documents, persons, or entities inclusively, not the option of responding as to some but not to others INTERROGATORIES INTERROGATORY NO. 1Provide the basis for your contention that Virage is not entitled to repayment from any Recovery related to the Penafiel Litigation Matter directly from You to The Sydow Firm or Sydow. RESPONSE: INTERROGATORY NO. 2:Identify each asset that You have recovered as receiver for the Penafiel Litigation Matter. RESPONSE: