Preview
CAUSE NO. 23 DCV 305
MYLES FUQUA AND ANDR IN THE DISTRICT COURT OF
FUQUA,
Plaintiffs,
vs.
FORT BEND COUNTY, T
CT CUTLASS SOLAR II LLC;
SABANCI RENEWABLES, INC.;
AND ADVANCED POWER
SERVICES (NA) INC.
Defendants. JUDICIAL DISTRICT
MOTION TO QUASH DEPOSITIONS OF CUTLASS SOLAR II, LLC AND
SABANCI RENEWABLES, INC.
TO THE HONORABLE COURT:
Defendants CT Cutlass Solar II, LLC and Sabanci Renewables, Inc. move to quash
two recent notices of deposition set unilaterally by Plaintiffs covering over 30 topics and
with more than 25 requests for documents for each Defendant.
BACKGROUND
This is a nuisance suit related to the construction of a solar field. After Defendants
filed an answer and a Rule 91a motion, Plaintiffs have recently amended their petition.
Together with amending their petition, Plaintiffs served two deposition notices on Friday
November 17 without conferring with Defendants on times and dates.
MOTION TO QUASH
laintiffs Myles and Andrea Fuqua served the two Notice of Deposition of
Defendants through service only filing setting the deposition for :00 a.m. on
December 7 & 8, 2023 in by Zoom.
A true and correct copy of the Deposition Notices are attached Exhibit &2
OTION TO UASH EPOSITIONS OF CUTLASS SOLAR LLC AND SABANCI RENEWABLES AGE
Defendants move to quash the deposition noticed by Plaintiffs due to the witness’
unavailability and objects to the time and place of the noticed deposition. The deposition
times were set without conferring. And the deposition notices identify over 30 topics to
prepare the corporate representative for each company. Plus the deposition notices have
over twenty requests for documents under a subpoena duces tecum.
This motion is filed within the third business day following receipt of the
deposition notices. Under Tex. R. Civ. P. 199.4, the timely filing of this motion
automatically stays the depositions noticed by Plaintiffs. Under Rule 192.6(a), Defendants
can present a corporate representative for properly-noticed topics on a mutually-
agreeable time and date with adequate time to prepare and working around all parties
and counsel’s holiday schedule, either in-person or remotely (e.g., via Zoom).
III. PRAYER
Defendants respectfully request that this Court GRANT this Motion To Quash
Depositions, and for such other and further relief, at law or in equity, to which Defendants
may be justly entitled.
MOTION TO QUASH DEPOSITIONS OF CUTLASS SOLAR II, LLC AND SABANCI RENEWABLES, INC. PAGE 2
Respectfully submitted,
JACKSON WALKER L.L.P.
By: /s/ Christopher Mugica
Christopher Mugica
State Bar No. 24027554
cmugica@jw.com
Cody Lee Vaughn
State Bar No. 24115897
cvaughn@jw.com
100 Congress, Suite 1100
Austin, Texas 78701
(512) 236-2000
(512) 236-2002 - Fax
ATTORNEYS FOR DEFENDANTS
CT CUTLASS SOLAR II LLC;
SABANCI RENEWABLES, INC.;
AND ADVANCED POWER
SERVICES (NA) INC.
MOTION TO QUASH DEPOSITIONS OF CUTLASS SOLAR II, LLC AND SABANCI RENEWABLES, INC. PAGE 3
CERTIFICATE OF CONFERENCE
This is to certify that counsel for Defendants called counsel for Plaintiffs, who
indicated they were opposed.
/s/ Christopher R. Mugica
Christopher R. Mugica
CERTIFICATE OF SERVICE
This is to certify that on this 21st day of November, 2023, a copy of this document
was electronically served through the Electronic Filing Procedures in this District Court
or via email to:
Thomas A. Zabel
James A. Freeman
J. Mercer Day
Zabel Freeman
1135 Heights Blvd
Houston, TX 77008
tzabel@zflawfirm.com
jfreeman@zflawfirm.com
mday@zflawfirm.com
/s/ Christopher Mugica
Christopher Mugica
MOTION TO QUASH DEPOSITIONS OF CUTLASS SOLAR II, LLC AND SABANCI RENEWABLES, INC. PAGE 4
38180064
EXHIBIT 1
CAUSE NO.
MYLES FUQUA AND ANDREA IN THE DISTRICT COURT OF
Plaintiffs,
vs.
FORT BEND COUNTY, TEXAS
CT CUTLASS SOLAR II LLC;
SABANCI RENEWABLES, INC.;
AND ADVANCED POWER
SERVICES (NA) INC.
Defendants. JUDICIAL DISTRICT
PLAINTIFFS NOTICE OF INTENTION
TO TAKE THE ORAL DEPOSITION OF CUTLASS SOLAR II LLC
To: Defendant Cutlass Solar II LLC, by and through attorney of record, Christopher R.
Mugica and Cody Lee Vaughn ACKSON ALKER L.L.P. 100 Congress, Suite 1100
Austin, Texas 78701
PLEASE TAKE NOTICE that, pursuant to the Texas Rules of Civil Procedure Plaintiffs,
Myles Fuqua and Andrea Fuqua (“Plaintiffs”), intend to take the oral deposition of Cutlass Solar
II LLC’s corporate representative, which may be used as testimony at the trial of the above styled
and numbered cause Said deposition will be taken Thursday December , 2023, beginning
at 10:00 a.m., via Zoom or similar teleconference method, before an authorized court reporter
and be videotaped or audio recorded. The deposition will continue from day to day until
completed or adjourned.
ursuant to Tex. Civ. P. Cutlass Solar II LLC Cutlass shall designate
one or more officers, directors, managing agents, or other persons who consent to testify on its
behalf with regard to each of the matters set forth in Exhibit A attached hereto and incorporated
herein by reference. rior to or at the deposition he witness is directed to produce the
requested in the subpoena duces tecum attached hereto as Exhibit All parties are invited to
attend and examine the witness as prescribed by the Texas Rules of Civil Procedure. All
designated expert witnesses from any party in this cause may attend.
Respectfully submitted,
ZABEL FREEMAN
By: Thomas A. Zabel
Thomas A. Zabel
State Bar No. 22235500
tzabel@zflawfirm.com
James A. Freeman
State Bar No. 00796580
jfreeman@zflawfirm.com
J. Mercer Day
State Bar No.
mday@zflawfirm.com
1135 Heights Blvd.
Houston, Texas 77008
9114 (Fax)
ATTORNEYS FOR PLAINTIFFS
MYLES FUQUA AND ANDREA FUQUA
CERTIFICATE OF SERVICE
I hereby certify that on the day of November , a true and correct copy of the
foregoing instrument was served on the following counsel via electronic filing
Via E
Christopher R. Mugica
State Bar No. 24027554
cmugica@jw.com
Cody Lee Vaughn
State Bar No. 24115897
cvaughn@jw.com
ACKSON ALKER L.L.P
100 Congress, Suite 1100
Austin, Texas 78701
Attorney for Defendants
Cutlass Solar II LLC and Sabanci Renewables, Inc.
/s/ J. Mercer Day
J. Mercer Day
EXHIBIT A TOPIC LIST
Subject Matters
Factual allegations in Cutlass’s and Sabanci’s Plea to the Jurisdiction and Rule 91a Motion;
Start and anticipated end dates of construction of the “Cutlass Solar Field,” as defined in
Plaintiffs’ First Amended Petition (the “Project”)
Projected timeline for the Project to begin operations
The relationship and specific roles of Cutlass and Sabanci Renewables, Inc. in constructing,
operating, and maintaining the Project;
The decision making process among the Defendants regarding the Project’s
implementation;
Plans and policies for the disposal of solar panels and batteries at the end of their life cycle;
nvironmental impact assessments conducted for the Project;
Safety studies and reports prepared for the Project;
Procedures in place for the handling and disposal of toxic waste residue from the panels
Studies or assessments conducted to determine the impact of the solar farm on adjacent
properties, including noise and environmental effects;
Any mitigation strategies planned or implemented to reduce adverse impacts on
neighboring lands;
Compliance with local, state, and federal environmental regulations;
Permits and approvals obtained for the construction and operation of the Project
Financial models and projections for the solar farm’s profitability;
Operational plans for the solar farm, including maintenance, updates, and expansion;
Steps taken to address concerns and complaints from the local community, including the
Fuquas;
Policies and processes for resolving disputes with neighboring property owners;
Construction processes and materials to be used in constructing the solar panels;
Rationale behind the choice of materials, particularly concerning environmental impact
and safety;
Studies or assessments conducted to evaluate the heat levels generated by the Project and
its potential impact on the local microclimate;
Mitigation strategies for managing heat levels and their effectiveness;
Documentation of any environmental studies conducted to assess the impact of the solar
farm on local wildlife and biodiversity;
Plans in place to mitigate adverse effects on wildlife habitats and migration patterns;
Studies concerning the effect of water runoff from the solar farm on the local water table
and waterways;
Measures planned or implemented to minimize erosion and contamination of water
sources;
Heat level impact assessments conducted for the Project and generally
Information regarding any purchases of parcels surrounding the Fuquas’ property by the
Defendants;
Discussions or communications related to land acquisition strategies and the compensation
paid for these parcels;
Long term environmental sustainability plans for the solar farm, including end life
panel disposal and recycling;
Strategies for environmental restoration post decommissioning of the Project
Any information reviewed by you in preparing for the deposition; and
The witness’ current resume and bibliography.
EXHIBIT B SUBPOENA DUCES TECUM
Documents to be Produced
Correspondence with regulatory bodies regarding the project;
communications regarding the Fuqua’s property;
All documents and communications pertaining to factual allegations made in Cutlass’s and
Sabanci Renewables, Inc.’s Plea to the Jurisdiction and Rule 91a Motion to Dismiss
Detailed construction schedules, including start and anticipated end dates, for the Cutlass
Solar Field
Documents evidencing the projected date for the Project to begin commercial operations
Organizational charts, contracts, and agreements that define the relationship and specific
roles of Cutlass and Sabanci Renewables, Inc. with respect to the Project;
Minutes of meetings, communications, and decision making records regarding the
Project’s location;
Documents evidencing policies, procedures, and plans for the disposal of solar panels and
batteries at the end of their lifecycle, including any environmental compliance documents
Documents evidencing any environmental impact assessments conducted for the Project,
along with any associated correspondence with regulatory agencies
All safety studies, reports, and risk assessments prepared for the Project
Procedures and guidelines for the handling and disposal of toxic waste residue from the
solar panels
Studies, surveys, or reports assessing the impact of the solar farm on adjacent properties,
specifically pertaining to noise and environmental effects
Documents detailing mitigation strategies planned or implemented to reduce adverse
impacts on neighboring lands
Copies of all permits and approvals obtained from any local, state, or federal agency the
construction and operation of the Project;
Financial models, projections, and any related analyses for the solar farm’s profitability
Documents evidencing future plans for the solar farm, including documents related to
maintenance, updates, and potential expansion
Specifications, invoices, and purchase orders detailing the construction processes and
materials to be used in constructing the solar panels
Documents supporting the rationale behind the choice of materials for the Project,
particularly concerning environmental impact and safety
Documents evidencing any heat level impact assessments and studies evaluating the
potential effect of the Project on the local microclimate
Documents evidencing strategies and plans detailing measures for managing heat levels
and their anticipated or proven effectiveness;
All environmental studies conducted to assess the impact of the solar farm on local wildlife
and biodiversity, and any measures implemented to mitigate adverse effects
All hydrology studies, erosion impact assessments, and water management plans
concerning water runoff from the solar farm
Documents relating to the purchase of parcels surrounding the Fuquas’ property by the
Defendants, including negotiations, contracts, and compensation details
Documents relating to the l term environmental sustainability of the Project, including
documents pertaining to end life panel disposal, recycling programs, and any related
environmental studies; and
Documents relating to the plans and strategies for environmental restoration following the
decommissioning of the Project
EXHIBIT 2
CAUSE NO.
MYLES FUQUA AND ANDREA IN THE DISTRICT COURT OF
Plaintiffs,
vs.
FORT BEND COUNTY, TEXAS
CT CUTLASS SOLAR II LLC;
SABANCI RENEWABLES, INC.;
AND ADVANCED POWER
SERVICES (NA) INC.
Defendants. JUDICIAL DISTRICT
PLAINTIFFS NOTICE OF INTENTION
TO TAKE THE ORAL DEPOSITION OF SABANCI RENEWABLES, INC.
To: Defendant Sabanci Renewables, Inc., by and through attorney of record, Christopher
R. Mugica and Cody Lee Vaughn ACKSON ALKER L.L.P. 100 Congress, Suite 1100
Austin, Texas 78701
PLEASE TAKE NOTICE that, pursuant to the Texas Rules of Civil Procedure Plaintiffs,
Myles Fuqua and Andrea Fuqua (“Plaintiffs”), intend to take the oral deposition of Sabanci
Renewables, Inc.’s corporate representative, which may be used as testimony at the trial of the
above styled and numbered cause Said deposition will be taken Friday December , 2023,
beginning at 10:00 a.m., via Zoom or similar teleconference method, before an authorized court
reporter and be videotaped or audio recorded. The deposition will continue from day to day
until completed or adjourned.
ursuant to Tex. Civ. P. Sabanci Renewables, Inc. Sabanci shall
designate one or more officers, directors, managing agents, or other persons who consent to testify
on its behalf with regard to each of the matters set forth in Exhibit A attached hereto and
incorporated herein by reference. rior to or at the deposition he witness is directed to produce
the items requested in the subpoena duces tecum attached hereto as Exhibit All parties are
invited to attend and examine the witness as prescribed by the Texas Rules of Civil Procedure. All
designated expert witnesses from any party in this cause may attend.
Respectfully submitted,
ZABEL FREEMAN
By: Thomas A. Zabel
Thomas A. Zabel
State Bar No. 22235500
tzabel@zflawfirm.com
James A. Freeman
State Bar No. 00796580
jfreeman@zflawfirm.com
J. Mercer Day
State Bar No.
mday@zflawfirm.com
1135 Heights Blvd.
Houston, Texas 77008
9114 (Fax)
ATTORNEYS FOR PLAINTIFFS
MYLES FUQUA AND ANDREA FUQUA
CERTIFICATE OF SERVICE
I hereby certify that on the day of November , a true and correct copy of the
foregoing instrument was served on the following counsel via electronic filing
Via E
Christopher R. Mugica
State Bar No. 24027554
cmugica@jw.com
Cody Lee Vaughn
State Bar No. 24115897
cvaughn@jw.com
ACKSON ALKER L.L.P
100 Congress, Suite 1100
Austin, Texas 78701
Attorney for Defendants
Cutlass Solar II LLC and Sabanci Renewables, Inc.
/s/ J. Mercer Day
J. Mercer Day
EXHIBIT A TOPIC LIST
Subject Matters
Factual allegations in Cutlass’s and Sabanci’s Plea to the Jurisdiction and Rule 91a Motion;
Start and anticipated end dates of construction of the “Cutlass Solar Field,” as defined in
Plaintiffs’ First Amended Petition (the “Project”)
Projected timeline for the Project to begin operations
The relationship and specific roles of Cutlass Solar II LLC and Sabanci in constructing,
operating, and maintaining the Project;
The decision making process among the Defendants regarding the Project’s
implementation;
Plans and policies for the disposal of solar panels and batteries at the end of their life cycle;
nvironmental impact assessments conducted for the Project;
Safety studies and reports prepared for the Project;
Procedures in place for the handling and disposal of toxic waste residue from the panels
Studies or assessments conducted to determine the impact of the solar farm on adjacent
properties, including noise and environmental effects;
Any mitigation strategies planned or implemented to reduce adverse impacts on
neighboring lands;
Compliance with local, state, and federal environmental regulations;
Permits and approvals obtained for the construction and operation of the Project
Financial models and projections for the solar farm’s profitability;
Operational plans for the solar farm, including maintenance, updates, and expansion;
Steps taken to address concerns and complaints from the local community, including the
Fuquas;
Policies and processes for resolving disputes with neighboring property owners;
Construction processes and materials to be used in constructing the solar panels;
Rationale behind the choice of materials, particularly concerning environmental impact
and safety;
Studies or assessments conducted to evaluate the heat levels generated by the Project and
its potential impact on the local microclimate;
Mitigation strategies for managing heat levels and their effectiveness;
Documentation of any environmental studies conducted to assess the impact of the solar
farm on local wildlife and biodiversity;
Plans in place to mitigate adverse effects on wildlife habitats and migration patterns;
Studies concerning the effect of water runoff from the solar farm on the local water table
and waterways;
Measures planned or implemented to minimize erosion and contamination of water
sources;
Heat level impact assessments conducted for the Project and generally
Information regarding any purchases of parcels surrounding the Fuquas’ property by the
Defendants;
Discussions or communications related to land acquisition strategies and the compensation
paid for these parcels;
Long term environmental sustainability plans for the solar farm, including end life
panel disposal and recycling;
Strategies for environmental restoration post decommissioning of the Project
Any information reviewed by you in preparing for the deposition; and
The witness’ current resume and bibliography.
EXHIBIT B SUBPOENA DUCES TECUM
Documents to be Produced
Correspondence with regulatory bodies regarding the project;
communications regarding the Fuqua’s property;
All documents and communications pertaining to factual allegations made in Cutlass’s and
Sabanci Renewables, Inc.’s Plea to the Jurisdiction and Rule 91a Motion to Dismiss
Detailed construction schedules, including start and anticipated end dates, for the Cutlass
Solar Field
Documents evidencing the projected date for the Project to begin commercial operations
Organizational charts, contracts, and agreements that define the relationship and specific
roles of Cutlass Solar II LLC and Sabanci with respect to the Project;
Minutes of meetings, communications, and decision making records regarding the
Project’s location;
Documents evidencing policies, procedures, and plans for the disposal of solar panels and
batteries at the end of their lifecycle, including any environmental compliance documents
Documents evidencing any environmental impact assessments conducted for the Project,
along with any associated correspondence with regulatory agencies
All safety studies, reports, and risk assessments prepared for the Project
Procedures and guidelines for the handling and disposal of toxic waste residue from the
solar panels
Studies, surveys, or reports assessing the impact of the solar farm on adjacent properties,
specifically pertaining to noise and environmental effects
Documents detailing mitigation strategies planned or implemented to reduce adverse
impacts on neighboring lands
Copies of all permits and approvals obtained from any local, state, or federal agency the
construction and operation of the Project;
Financial models, projections, and any related analyses for the solar farm’s profitability
Documents evidencing future plans for the solar farm, including documents related to
maintenance, updates, and potential expansion
Specifications, invoices, and purchase orders detailing the construction processes and
materials to be used in constructing the solar panels
Documents supporting the rationale behind the choice of materials for the Project,
particularly concerning environmental impact and safety
Documents evidencing any heat level impact assessments and studies evaluating the
potential effect of the Project on the local microclimate
Documents evidencing strategies and plans detailing measures for managing heat levels
and their anticipated or proven effectiveness;
All environmental studies conducted to assess the impact of the solar farm on local wildlife
and biodiversity, and any measures implemented to mitigate adverse effects
All hydrology studies, erosion impact assessments, and water management plans
concerning water runoff from the solar farm
Documents relating to the purchase of parcels surrounding the Fuquas’ property by the
Defendants, including negotiations, contracts, and compensation details
Documents relating to the l term environmental sustainability of the Project, including
documents pertaining to end life panel disposal, recycling programs, and any related
environmental studies; and
Documents relating to the plans and strategies for environmental restoration following the
decommissioning of the Project
Preview
CAUSE NO. 23 DCV 305 MYLES FUQUA AND ANDR IN THE DISTRICT COURT OF FUQUA, Plaintiffs, vs. FORT BEND COUNTY, T CT CUTLASS SOLAR II LLC; SABANCI RENEWABLES, INC.; AND ADVANCED POWER SERVICES (NA) INC. Defendants. JUDICIAL DISTRICT MOTION TO QUASH DEPOSITIONS OF CUTLASS SOLAR II, LLC AND SABANCI RENEWABLES, INC. TO THE HONORABLE COURT: Defendants CT Cutlass Solar II, LLC and Sabanci Renewables, Inc. move to quash two recent notices of deposition set unilaterally by Plaintiffs covering over 30 topics and with more than 25 requests for documents for each Defendant. BACKGROUND This is a nuisance suit related to the construction of a solar field. After Defendants filed an answer and a Rule 91a motion, Plaintiffs have recently amended their petition. Together with amending their petition, Plaintiffs served two deposition notices on Friday November 17 without conferring with Defendants on times and dates. MOTION TO QUASH laintiffs Myles and Andrea Fuqua served the two Notice of Deposition of Defendants through service only filing setting the deposition for :00 a.m. on December 7 & 8, 2023 in by Zoom. A true and correct copy of the Deposition Notices are attached Exhibit &2 OTION TO UASH EPOSITIONS OF CUTLASS SOLAR LLC AND SABANCI RENEWABLES AGE Defendants move to quash the deposition noticed by Plaintiffs due to the witness’ unavailability and objects to the time and place of the noticed deposition. The deposition times were set without conferring. And the deposition notices identify over 30 topics to prepare the corporate representative for each company. Plus the deposition notices have over twenty requests for documents under a subpoena duces tecum. This motion is filed within the third business day following receipt of the deposition notices. Under Tex. R. Civ. P. 199.4, the timely filing of this motion automatically stays the depositions noticed by Plaintiffs. Under Rule 192.6(a), Defendants can present a corporate representative for properly-noticed topics on a mutually- agreeable time and date with adequate time to prepare and working around all parties and counsel’s holiday schedule, either in-person or remotely (e.g., via Zoom). III. PRAYER Defendants respectfully request that this Court GRANT this Motion To Quash Depositions, and for such other and further relief, at law or in equity, to which Defendants may be justly entitled. MOTION TO QUASH DEPOSITIONS OF CUTLASS SOLAR II, LLC AND SABANCI RENEWABLES, INC. PAGE 2 Respectfully submitted, JACKSON WALKER L.L.P. By: /s/ Christopher Mugica Christopher Mugica State Bar No. 24027554 cmugica@jw.com Cody Lee Vaughn State Bar No. 24115897 cvaughn@jw.com 100 Congress, Suite 1100 Austin, Texas 78701 (512) 236-2000 (512) 236-2002 - Fax ATTORNEYS FOR DEFENDANTS CT CUTLASS SOLAR II LLC; SABANCI RENEWABLES, INC.; AND ADVANCED POWER SERVICES (NA) INC. MOTION TO QUASH DEPOSITIONS OF CUTLASS SOLAR II, LLC AND SABANCI RENEWABLES, INC. PAGE 3 CERTIFICATE OF CONFERENCE This is to certify that counsel for Defendants called counsel for Plaintiffs, who indicated they were opposed. /s/ Christopher R. Mugica Christopher R. Mugica CERTIFICATE OF SERVICE This is to certify that on this 21st day of November, 2023, a copy of this document was electronically served through the Electronic Filing Procedures in this District Court or via email to: Thomas A. Zabel James A. Freeman J. Mercer Day Zabel Freeman 1135 Heights Blvd Houston, TX 77008 tzabel@zflawfirm.com jfreeman@zflawfirm.com mday@zflawfirm.com /s/ Christopher Mugica Christopher Mugica MOTION TO QUASH DEPOSITIONS OF CUTLASS SOLAR II, LLC AND SABANCI RENEWABLES, INC. PAGE 4 38180064 EXHIBIT 1 CAUSE NO. MYLES FUQUA AND ANDREA IN THE DISTRICT COURT OF Plaintiffs, vs. FORT BEND COUNTY, TEXAS CT CUTLASS SOLAR II LLC; SABANCI RENEWABLES, INC.; AND ADVANCED POWER SERVICES (NA) INC. Defendants. JUDICIAL DISTRICT PLAINTIFFS NOTICE OF INTENTION TO TAKE THE ORAL DEPOSITION OF CUTLASS SOLAR II LLC To: Defendant Cutlass Solar II LLC, by and through attorney of record, Christopher R. Mugica and Cody Lee Vaughn ACKSON ALKER L.L.P. 100 Congress, Suite 1100 Austin, Texas 78701 PLEASE TAKE NOTICE that, pursuant to the Texas Rules of Civil Procedure Plaintiffs, Myles Fuqua and Andrea Fuqua (“Plaintiffs”), intend to take the oral deposition of Cutlass Solar II LLC’s corporate representative, which may be used as testimony at the trial of the above styled and numbered cause Said deposition will be taken Thursday December , 2023, beginning at 10:00 a.m., via Zoom or similar teleconference method, before an authorized court reporter and be videotaped or audio recorded. The deposition will continue from day to day until completed or adjourned. ursuant to Tex. Civ. P. Cutlass Solar II LLC Cutlass shall designate one or more officers, directors, managing agents, or other persons who consent to testify on its behalf with regard to each of the matters set forth in Exhibit A attached hereto and incorporated herein by reference. rior to or at the deposition he witness is directed to produce the requested in the subpoena duces tecum attached hereto as Exhibit All parties are invited to attend and examine the witness as prescribed by the Texas Rules of Civil Procedure. All designated expert witnesses from any party in this cause may attend. Respectfully submitted, ZABEL FREEMAN By: Thomas A. Zabel Thomas A. Zabel State Bar No. 22235500 tzabel@zflawfirm.com James A. Freeman State Bar No. 00796580 jfreeman@zflawfirm.com J. Mercer Day State Bar No. mday@zflawfirm.com 1135 Heights Blvd. Houston, Texas 77008 9114 (Fax) ATTORNEYS FOR PLAINTIFFS MYLES FUQUA AND ANDREA FUQUA CERTIFICATE OF SERVICE I hereby certify that on the day of November , a true and correct copy of the foregoing instrument was served on the following counsel via electronic filing Via E Christopher R. Mugica State Bar No. 24027554 cmugica@jw.com Cody Lee Vaughn State Bar No. 24115897 cvaughn@jw.com ACKSON ALKER L.L.P 100 Congress, Suite 1100 Austin, Texas 78701 Attorney for Defendants Cutlass Solar II LLC and Sabanci Renewables, Inc. /s/ J. Mercer Day J. Mercer Day EXHIBIT A TOPIC LIST Subject Matters Factual allegations in Cutlass’s and Sabanci’s Plea to the Jurisdiction and Rule 91a Motion; Start and anticipated end dates of construction of the “Cutlass Solar Field,” as defined in Plaintiffs’ First Amended Petition (the “Project”) Projected timeline for the Project to begin operations The relationship and specific roles of Cutlass and Sabanci Renewables, Inc. in constructing, operating, and maintaining the Project; The decision making process among the Defendants regarding the Project’s implementation; Plans and policies for the disposal of solar panels and batteries at the end of their life cycle; nvironmental impact assessments conducted for the Project; Safety studies and reports prepared for the Project; Procedures in place for the handling and disposal of toxic waste residue from the panels Studies or assessments conducted to determine the impact of the solar farm on adjacent properties, including noise and environmental effects; Any mitigation strategies planned or implemented to reduce adverse impacts on neighboring lands; Compliance with local, state, and federal environmental regulations; Permits and approvals obtained for the construction and operation of the Project Financial models and projections for the solar farm’s profitability; Operational plans for the solar farm, including maintenance, updates, and expansion; Steps taken to address concerns and complaints from the local community, including the Fuquas; Policies and processes for resolving disputes with neighboring property owners; Construction processes and materials to be used in constructing the solar panels; Rationale behind the choice of materials, particularly concerning environmental impact and safety; Studies or assessments conducted to evaluate the heat levels generated by the Project and its potential impact on the local microclimate; Mitigation strategies for managing heat levels and their effectiveness; Documentation of any environmental studies conducted to assess the impact of the solar farm on local wildlife and biodiversity; Plans in place to mitigate adverse effects on wildlife habitats and migration patterns; Studies concerning the effect of water runoff from the solar farm on the local water table and waterways; Measures planned or implemented to minimize erosion and contamination of water sources; Heat level impact assessments conducted for the Project and generally Information regarding any purchases of parcels surrounding the Fuquas’ property by the Defendants; Discussions or communications related to land acquisition strategies and the compensation paid for these parcels; Long term environmental sustainability plans for the solar farm, including end life panel disposal and recycling; Strategies for environmental restoration post decommissioning of the Project Any information reviewed by you in preparing for the deposition; and The witness’ current resume and bibliography. EXHIBIT B SUBPOENA DUCES TECUM Documents to be Produced Correspondence with regulatory bodies regarding the project; communications regarding the Fuqua’s property; All documents and communications pertaining to factual allegations made in Cutlass’s and Sabanci Renewables, Inc.’s Plea to the Jurisdiction and Rule 91a Motion to Dismiss Detailed construction schedules, including start and anticipated end dates, for the Cutlass Solar Field Documents evidencing the projected date for the Project to begin commercial operations Organizational charts, contracts, and agreements that define the relationship and specific roles of Cutlass and Sabanci Renewables, Inc. with respect to the Project; Minutes of meetings, communications, and decision making records regarding the Project’s location; Documents evidencing policies, procedures, and plans for the disposal of solar panels and batteries at the end of their lifecycle, including any environmental compliance documents Documents evidencing any environmental impact assessments conducted for the Project, along with any associated correspondence with regulatory agencies All safety studies, reports, and risk assessments prepared for the Project Procedures and guidelines for the handling and disposal of toxic waste residue from the solar panels Studies, surveys, or reports assessing the impact of the solar farm on adjacent properties, specifically pertaining to noise and environmental effects Documents detailing mitigation strategies planned or implemented to reduce adverse impacts on neighboring lands Copies of all permits and approvals obtained from any local, state, or federal agency the construction and operation of the Project; Financial models, projections, and any related analyses for the solar farm’s profitability Documents evidencing future plans for the solar farm, including documents related to maintenance, updates, and potential expansion Specifications, invoices, and purchase orders detailing the construction processes and materials to be used in constructing the solar panels Documents supporting the rationale behind the choice of materials for the Project, particularly concerning environmental impact and safety Documents evidencing any heat level impact assessments and studies evaluating the potential effect of the Project on the local microclimate Documents evidencing strategies and plans detailing measures for managing heat levels and their anticipated or proven effectiveness; All environmental studies conducted to assess the impact of the solar farm on local wildlife and biodiversity, and any measures implemented to mitigate adverse effects All hydrology studies, erosion impact assessments, and water management plans concerning water runoff from the solar farm Documents relating to the purchase of parcels surrounding the Fuquas’ property by the Defendants, including negotiations, contracts, and compensation details Documents relating to the l term environmental sustainability of the Project, including documents pertaining to end life panel disposal, recycling programs, and any related environmental studies; and Documents relating to the plans and strategies for environmental restoration following the decommissioning of the Project EXHIBIT 2 CAUSE NO. MYLES FUQUA AND ANDREA IN THE DISTRICT COURT OF Plaintiffs, vs. FORT BEND COUNTY, TEXAS CT CUTLASS SOLAR II LLC; SABANCI RENEWABLES, INC.; AND ADVANCED POWER SERVICES (NA) INC. Defendants. JUDICIAL DISTRICT PLAINTIFFS NOTICE OF INTENTION TO TAKE THE ORAL DEPOSITION OF SABANCI RENEWABLES, INC. To: Defendant Sabanci Renewables, Inc., by and through attorney of record, Christopher R. Mugica and Cody Lee Vaughn ACKSON ALKER L.L.P. 100 Congress, Suite 1100 Austin, Texas 78701 PLEASE TAKE NOTICE that, pursuant to the Texas Rules of Civil Procedure Plaintiffs, Myles Fuqua and Andrea Fuqua (“Plaintiffs”), intend to take the oral deposition of Sabanci Renewables, Inc.’s corporate representative, which may be used as testimony at the trial of the above styled and numbered cause Said deposition will be taken Friday December , 2023, beginning at 10:00 a.m., via Zoom or similar teleconference method, before an authorized court reporter and be videotaped or audio recorded. The deposition will continue from day to day until completed or adjourned. ursuant to Tex. Civ. P. Sabanci Renewables, Inc. Sabanci shall designate one or more officers, directors, managing agents, or other persons who consent to testify on its behalf with regard to each of the matters set forth in Exhibit A attached hereto and incorporated herein by reference. rior to or at the deposition he witness is directed to produce the items requested in the subpoena duces tecum attached hereto as Exhibit All parties are invited to attend and examine the witness as prescribed by the Texas Rules of Civil Procedure. All designated expert witnesses from any party in this cause may attend. Respectfully submitted, ZABEL FREEMAN By: Thomas A. Zabel Thomas A. Zabel State Bar No. 22235500 tzabel@zflawfirm.com James A. Freeman State Bar No. 00796580 jfreeman@zflawfirm.com J. Mercer Day State Bar No. mday@zflawfirm.com 1135 Heights Blvd. Houston, Texas 77008 9114 (Fax) ATTORNEYS FOR PLAINTIFFS MYLES FUQUA AND ANDREA FUQUA CERTIFICATE OF SERVICE I hereby certify that on the day of November , a true and correct copy of the foregoing instrument was served on the following counsel via electronic filing Via E Christopher R. Mugica State Bar No. 24027554 cmugica@jw.com Cody Lee Vaughn State Bar No. 24115897 cvaughn@jw.com ACKSON ALKER L.L.P 100 Congress, Suite 1100 Austin, Texas 78701 Attorney for Defendants Cutlass Solar II LLC and Sabanci Renewables, Inc. /s/ J. Mercer Day J. Mercer Day EXHIBIT A TOPIC LIST Subject Matters Factual allegations in Cutlass’s and Sabanci’s Plea to the Jurisdiction and Rule 91a Motion; Start and anticipated end dates of construction of the “Cutlass Solar Field,” as defined in Plaintiffs’ First Amended Petition (the “Project”) Projected timeline for the Project to begin operations The relationship and specific roles of Cutlass Solar II LLC and Sabanci in constructing, operating, and maintaining the Project; The decision making process among the Defendants regarding the Project’s implementation; Plans and policies for the disposal of solar panels and batteries at the end of their life cycle; nvironmental impact assessments conducted for the Project; Safety studies and reports prepared for the Project; Procedures in place for the handling and disposal of toxic waste residue from the panels Studies or assessments conducted to determine the impact of the solar farm on adjacent properties, including noise and environmental effects; Any mitigation strategies planned or implemented to reduce adverse impacts on neighboring lands; Compliance with local, state, and federal environmental regulations; Permits and approvals obtained for the construction and operation of the Project Financial models and projections for the solar farm’s profitability; Operational plans for the solar farm, including maintenance, updates, and expansion; Steps taken to address concerns and complaints from the local community, including the Fuquas; Policies and processes for resolving disputes with neighboring property owners; Construction processes and materials to be used in constructing the solar panels; Rationale behind the choice of materials, particularly concerning environmental impact and safety; Studies or assessments conducted to evaluate the heat levels generated by the Project and its potential impact on the local microclimate; Mitigation strategies for managing heat levels and their effectiveness; Documentation of any environmental studies conducted to assess the impact of the solar farm on local wildlife and biodiversity; Plans in place to mitigate adverse effects on wildlife habitats and migration patterns; Studies concerning the effect of water runoff from the solar farm on the local water table and waterways; Measures planned or implemented to minimize erosion and contamination of water sources; Heat level impact assessments conducted for the Project and generally Information regarding any purchases of parcels surrounding the Fuquas’ property by the Defendants; Discussions or communications related to land acquisition strategies and the compensation paid for these parcels; Long term environmental sustainability plans for the solar farm, including end life panel disposal and recycling; Strategies for environmental restoration post decommissioning of the Project Any information reviewed by you in preparing for the deposition; and The witness’ current resume and bibliography. EXHIBIT B SUBPOENA DUCES TECUM Documents to be Produced Correspondence with regulatory bodies regarding the project; communications regarding the Fuqua’s property; All documents and communications pertaining to factual allegations made in Cutlass’s and Sabanci Renewables, Inc.’s Plea to the Jurisdiction and Rule 91a Motion to Dismiss Detailed construction schedules, including start and anticipated end dates, for the Cutlass Solar Field Documents evidencing the projected date for the Project to begin commercial operations Organizational charts, contracts, and agreements that define the relationship and specific roles of Cutlass Solar II LLC and Sabanci with respect to the Project; Minutes of meetings, communications, and decision making records regarding the Project’s location; Documents evidencing policies, procedures, and plans for the disposal of solar panels and batteries at the end of their lifecycle, including any environmental compliance documents Documents evidencing any environmental impact assessments conducted for the Project, along with any associated correspondence with regulatory agencies All safety studies, reports, and risk assessments prepared for the Project Procedures and guidelines for the handling and disposal of toxic waste residue from the solar panels Studies, surveys, or reports assessing the impact of the solar farm on adjacent properties, specifically pertaining to noise and environmental effects Documents detailing mitigation strategies planned or implemented to reduce adverse impacts on neighboring lands Copies of all permits and approvals obtained from any local, state, or federal agency the construction and operation of the Project; Financial models, projections, and any related analyses for the solar farm’s profitability Documents evidencing future plans for the solar farm, including documents related to maintenance, updates, and potential expansion Specifications, invoices, and purchase orders detailing the construction processes and materials to be used in constructing the solar panels Documents supporting the rationale behind the choice of materials for the Project, particularly concerning environmental impact and safety Documents evidencing any heat level impact assessments and studies evaluating the potential effect of the Project on the local microclimate Documents evidencing strategies and plans detailing measures for managing heat levels and their anticipated or proven effectiveness; All environmental studies conducted to assess the impact of the solar farm on local wildlife and biodiversity, and any measures implemented to mitigate adverse effects All hydrology studies, erosion impact assessments, and water management plans concerning water runoff from the solar farm Documents relating to the purchase of parcels surrounding the Fuquas’ property by the Defendants, including negotiations, contracts, and compensation details Documents relating to the l term environmental sustainability of the Project, including documents pertaining to end life panel disposal, recycling programs, and any related environmental studies; and Documents relating to the plans and strategies for environmental restoration following the decommissioning of the Project