Preview
FILED
10/2/2023 10:22 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Kellie Juricek DEPUTY
CAUSE NO. DC-21-04901
TONY EVANS, SR., and ARETHA EVANS, ) IN THE DISTRICT COURT
individually and on behalf of their minor son, )
T.E., deceased, FAITH TANKSLEY on behalf of)
minor T.E., ILI, individually and on behalf of )
his father, T.E., deceased, and DEON WILLIAMS, )
Plaintiffs,
Vv.
TASACOM REAL ESTATE, LLC d/b/a 162nd JUDICIAL DISTRICT
HAWTHORN SUITES DALLAS LOVE FIELD,
HAWTHORN SUITES FRANCHISING, INC.,
WYNDHAM HOTELS & RESORTS, INC.,
MOHAMMAD SADIQ NOSHAHI,
DIAMOND STAFFING SERVICES, LLC,
WYNDHAM HOTEL GROUP, LLC,
TASACOM TECHNOLOGIES, INC., SANJEEV
JAIN and MMAROOFUL CHOUDHURY,
Defendants. DALLAS COUNTY, TEXAS
P. TIFFS’ OBJECTIONS TO, AND MOTION TO QUASH,
SUBPOENAS DUCES TECUM
Plaintiffs hereby submit their Objections to, and Motion to Quash, Subpoenas Duces
Tecum served on multiple third-party witnesses by Defendants Wyndham Hotels & Resorts, Inc.,
Wyndham Hotel Group, LLC, and Hawthorn Suites Franchising, Inc. (“Defendants”), showing the
Court, as follows:
L INTRODUCTION
On September 21, 2023, Plaintiffs were served with deposition notices and subpoenas
duces tecum for five, third-party witnesses to the shooting at issue in this lawsuit. Copies thereof
are attached hereto as Exhibit 1. Plaintiffs seek to object to and quash and/or limit the production
of documents associated with document request numbers four and five made to each of the
subpoenaed witnesses because the requests are wholly overbroad, seek to invade the privacy of
third parties, and include information not relevant to any claim or defense in this matter, as more
fully argued below. Accordingly, document request numbers four and five must be stricken and/or
limited.
IL. ARGUMENT AND AUTHORITIES
Texas law is clear: “discovery may not be used as a fishing expedition.” Jn re Am. Optical
Corp., 988 S.W.2d 711, 713 (Tex. 1998). Rather, “requests must be reasonably tailored to include
only matters relevant to the case.” /d.; see, also, In re CSX Corp., 124 S.W.3d 149, 152 (Tex.
2003) (“discovery requests must be reasonably tailored to include only relevant matters”) (internal
quotation and citation omitted); Jn re Brewer Leasing, Inc., 255 S.W.3d 708, 711 (Tex. App.
Houston [1st Dist.] 2008) (“Discovery requests, however, must be reasonably tailored to include
only matters relevant to the case.”). As a result, courts must quash discovery when it is not
reasonably calculated to lead to the discovery of admissible, relevant evidence. See In re Allstate
Cnty. Mut. Ins. Co., 227 S.W.3d 667, 670 (Tex. 2007) (“Overbroad requests for irrelevant
information are improper”). Whether the request is “reasonably calculated” is “the initial question
that must be answered before any discovery may take place.” /d. The party seeking discovery bears
the burden to show that it is relevant. “Without that initial showing of relevance, discovery is
improper.” /d. Courts abuse their discretion by allowing “discovery into patently irrelevant
matters.” In re ReadyOne Indus., Inc., 420 S.W.3d 179, 183 (Tex. App.—E] Paso 2012). Plaintiffs
further object to the subpoenas duces tecum for the reason that they exceed the scope of Rule 192,
196 and/or 197 of the Texas Rules of Civil Procedure.
Specific Objections to Documents Requests
Plaintiffs assert the following objections to document requests four and five to each of the
five, third-party witness subpoenas served in this case. See Exhibit 1.
4 Produce all of your communications from April 2021 onward with anyone who
was present at Hotel on April 11, 2021.
This request seeks to have five third-party witnesses produce all communications,
regardless of subject matter and without time restriction, with any person attending the hotel party
at issue in this lawsuit. Plaintiffs object to this request since, in violation of Tex. R. Civ. P. 192.3,
it is overly broad, harassing, unduly burdensome and constitutes a fishing expedition. Plaintiffs
further object on grounds that this request seeks to invade the privacy of third persons who are not
parties to the current litigation. The request is not reasonably related to any claim or defense, and
there is no sufficient reason to go beyond the ordinary scope of discovery under the Texas Rules
of Civil Procedure. See Union Carbide Corp. v. Martin, 349 8.W.3d 137, 143 (Tex. App.—Dallas
2011) (noting that the trial court quashed a subpoena duces tecum because it was overly broad,
unduly burdensome, and harassing); see, also, Lunsmann v. Spector, 761 S.W.2d 112, 113 (Tex.
App.—San Antonio 1988) (“trial court may protect a party from unduly burdensome ... discovery
or from harassment”); Jn re Christus Health Southeast Tex., 399 S.W.3d 343, 345-48 (Tex. App.—
Beaumont 2013, orig. proceeding) (denying mandamus relief because the trial court did not abuse
its discretion by refusing to compel discovery beyond the relevant timeframe).
5. Produce all of your social media content, including any Activity Log reflecting
or relating to such content, from April 10, 2021 through April 12, 2021.
This request seeks to have five, third-party witnesses produce all their social media activity,
regardless of subject matter, for a three-day period encapsulating the shooting at issue in this
lawsuit. “Activity Log” is defined by Defendant as including all social media data and history
without limitation. See Exhibit 1. This would include these witnesses’ private messages that are
not otherwise made public via social media providers. Like request to produce number four, in
violation of Tex. R. Civ. P. 192.3, this request is overly broad, harassing, unduly burdensome, and
constitutes a fishing expedition, as it is not sufficiently tailored to a reasonable or relevant subject
matter. Because the request is not reasonably related to any claim or defense, there is no
justification for going beyond the ordinary scope of discovery under the Texas Rules of Civil
Procedure. In addition, this request also seeks to invade the privacy of third parties, seeking wholly
immaterial and unrelated information and communications.
TIL. CONCLUSION
Plaintiffs respectfully request the Court to quash, modify or limit the five Subpoenas Duces
Tecum document requests, as provided herein. If the requests four and five contained in each of
the five Subpoenas Duces Tecum are not quashed in their entirety, then they must at least be limited
to the subject matters of this lawsuit.
WHEREFORE, PREMISES CONSIDERED, Plaintiffs respectfully request that the Court
grant Plaintiffs the relief requested herein and such other and further relief to which they may show
themselves entitled.
Respectfully submitted,
/s/ Nuru Witherspooi
NURU WITHERSPOON /s/ Aubrey “Nick” Pittma
State Bar No. 24039244 AUBREY “NICK” PITTMAN
witherspoon@twlglawyers.com State Bar No. 16049750
EMILY TAYLOR THE PITTMAN LAW FirM, P.C.
State Bar No. 24046951 901 Main Street, Suite 3670
taylor@twlglawyers.com Dallas, Texas 75202
WITHERSPOON LAW GROUP 214-459-3454 — Telephone
5565 Deer Creek, Unit A 214-853-5912 - Fax
Dallas, Texas 75228 pittman@thepittmanlawfirm.com
214-773-1133 — Telephone
972-696-9982 — Fax
CERTIFICATE OF SERVICE
I hereby certify that on October 2, 2023, the foregoing document was submitted to the
representatives of the parties, using the electronic case filing system of the court. The electronic
case filing system sent a “Notice of Service” to all attorneys of record who have consented in
writing to accept this Notice as service of documents by electronic means.
/s/ Emily Taylor
Emily Taylor
EXHIBIT 1
CAUSE NO. DC-21-04901
TONY EVANS, SR., and ARETHA EVANS, § IN THE DISTRICT COURT OF
individually and on behalf of their minor son, §
T.E., deceased, FAITH TANKSLEY on behalf
of minor, T.E., III, individually and on behalfof
his father T.E., deceased, and DEON
WILLIAMS
DALLAS COUNTY, TEXAS
Plaintiffs,
ae
TASACOM REAL ESTATE, LLC, ET AL.
Defendants. 162" JUDICIAL DISTRICT
NOTICE OF INTENTION
TO SUBPOENA AND TAKE DEPOSITION OF AALIYAH SIMPSON
TO: All counsel of record.
Please take notice that Defendants Wyndham Hotels & Resorts, Inc., Wyndham Hotel
Group, LLC, and Hawthorn Suites Franchising, Inc. intend to serve the accompanying subpoena
duces tecum upon, and take the in-person oral deposition of, Aaliyah Simpson. The deposition will
begin at 9:00 a.m. on October 5, 2023 at the offices of DLA Piper LLP (US), 1900 N. Pearl St.,
Suite 2200, Dallas, Texas 75201. This deposition will be recorded by stenographic means by a
certified court reporter or a digital reporter, and it may be videotaped. The deposition will be taken
for purposes of discovery, for use as evidence at trial, and for any other permissible purpose under
the applicable rules of civil procedure and evidence.
[signature page follows]
EXHIBIT 1
Dated: September 21, 2023 Respectfully submitted,
DLA PIPER LLP (US)
/s/_ Jason M. Hopkins
Jason M. Hopkins
State Bar No. 24059969
jason. hopkins@dlapiper.com
1900 N. Pearl St. Suite 2200
Dallas, Texas 75201
T: 214.743.4500
F: 214.743.4545
David S. Sager, pro hac vice
51 John F. Kennedy Parkway, Suite 120
Short Hills, New Jersey 07078
david.sager@us.dlapiper.com
T: 973.520.2550
Be 735201259)
Christopher B. Donovan
State Bar No. 24097614
christopher.b.donovan@dlapiper.com
845 Texas Avenue, Suite 3800
Houston, Texas 77002
T: 713.425.8400
F: 713.425.8401
Counsel for Defendants
Wyndham Hotels & Resorts, Inc.,
Wyndham Hotel Group, LLC, and
Hawthorn Suites Franchising, Inc.
EXHIBIT 1
CERTIFICATE OF SERVICE
I certify that, on September 21, 2023, a true and correct copy of the foregoing document
was served on counsel of record in accordance with the Texas Rules of Civil Procedure via the
court’s electronic filing system.
/s/ Christopher Donovan
Christopher Donovan
EXHIBIT 1
THE STATE OF TEXAS
SUBPOENA FOR TESTIMONY AND PRODUCTION OF DOCUMENTS
PURSUANT TO RULE 176 OF TEXAS RULES OF CIVIL PROCEDURE
CAUSE NO. DC-21-04901
TONY EVANS, SR., and ARETHA EVANS,
individually and on behalf of their minor son, IN THE DISTRICT COURT OF
T.E., deceased, FAITH TANKSLEY on behalf
of minor, T.E., III, individually and on behalf of
his father T.E., deceased, and DEON
WILLIAMS
DALLAS COUNTY, TEXAS
Plaintiffs,
vs.
TASACOM REAL ESTATE, LLC, ET AL. 162" JUDICIAL DISTRICT
Defendants.
SUBPOENA DUCES TECUM
To: Any person authorized under the laws of the State of Texas to serve subpoenas as provided
in Rule 176 of the Texas Rules of Civil Procedure
YOU ARE HEREBY COMMANDED to summon Aaliyah Simpson at 431 Gulledge
Lane, Dallas, Texas 75217, or 2605 John West Road, Dallas, Texas 75228 (or wherever he or she
may be found), 469.258.4246, to appear for an in-person deposition at the offices of DLA Piper
LLP (US), 1900 N. Pearl Street, Suite 2200, Dallas, Texas 75201, 214.743.4500 at 9:00 a.m.
(CST) on October 5, 2023, then and there to testify as a witness in the above-referenced civil
action, and to attend from day to day until lawfully discharged, and to produce and permit
inspection and copying of the documents or tangible things identified in the attached Exhibit A,
to be used as evidence in this case.
Duties of Person Served with Subpoena. A person served with a discovery subpoena has
certain rights and obligations. Rule 176.6 provides the following:
(a) Compliance required. Except as provided in this subdivision, a person served
with a subpoena must comply with the command stated therein unless discharged
by the court or by the party summoning such witness. A person commanded to
appear and give testimony must remain at the place of deposition, hearing, or trial
from day to day until discharged by the court or by the party summoning the
witness.
EXHIBIT 1
(b) Organizations. If a subpoena commanding testimony is directed to a
corporation, partnership, association, governmental agency, or other organization,
and the matters on which examination is requested are described with reasonable
particularity, the organization must designate one or more persons to testify on its
behalf as to matters known or reasonably available to the organization.
(c) Production of documents or tangible things. A person commanded to produce
documents or tangible things need not appear in person at the time and place of
production unless the person is also commanded to attend and give testimony, either
in the same subpoena or a separate one. A person must produce documents as they
are kept in the usual course of business or must organize and label them to
correspond with the categories in the demand. A person may withhold material or
information claimed to be privileged but must comply with Rule 193.3. A
nonparty’s production of a document authenticates the document for use against the
non-party to the same extent as a party’s production of a document is authenticated
for use against the party under Rule 193.7.
(d) Objections. A person commanded to produce and permit inspection and
copying of designated documents and things may serve on the party requesting
issuance of the subpoena—before the time specified for compliance—written
objections to producing any or all of the designated materials. A person need not
comply with the part of a subpoena to which objection is made as provided in this
paragraph unless ordered to do so by the court. The party requesting the subpoena
may move for such an order at any time after an objection is made.
(e) Protective orders. A person commanded to appear at a deposition, hearing, or
trial, or to produce and permit inspection and copying of designated documents and
things may move for a protective order under Rule 192.6(b)—before the time
specified for compliance—either in the court in which the action is pending or in a
district court in the county where the subpoena was served. The person must serve
the motion on all parties in accordance with Rule 21a. A person need not comply
with the part of a subpoena from which protection is sought under this paragraph
unless ordered to do so by the court. The party requesting the subpoena may seek
such an order at any time after the motion for protection is filed.
(f) Trial Subpoenas. A person commanded to attend and give testimony, or to
produce documents or things, at a hearing or trial, may object or move for protective
order before the court at the time and place specified for compliance, rather than
under paragraphs (d) and (e).
Contempt. FAILURE BY ANY PERSON WITHOUT ADEQUATE EXCUSE TO
OBEY A SUBPOENA SERVED UPON THAT PERSON MAY BE DEEMED A CONTEMPT
OF THE COURT FROM WHICH THE SUBPOENA IS ISSUED OR A DISTRICT COURT IN
THE COUNTY IN WHICH THE SUBPOENA IS SERVED, AND MAY BE PUNISHED BY
FINE OR CONFINEMENT, OR BOTH.
EXHIBIT 1
DO NOT FAIL to return this writ to the 162nd District Court of Harris County, Texas, with
either the return showing the manner of execution or the witness’s signed memorandum showing
that the witness accepted the subpoena.
This subpoena is issued at the request of Defendants Wyndham Hotels & Resorts, Inc.,
Wyndham Hotel Group, LLC, and Hawthorn Suites Franchising, Inc., whose counsel of record are
Jason Hopkins, DLA Piper LLP (US), 1900 N. Pearl Street, Suite 2200, Dallas, Texas 75201,
214.743.4546, jason.hopkins@us.dlapiper.com, and Christopher B. Donovan, DLA Piper LLP
(US), 845 Texas Ave., Suite 3800, Houston, Texas 77002, 713.425.8449,
christopher.b.donovan@us.dlapiper.com. Please contact Mr. Hopkins or Mr. Donovan to arrange
a different time or place for compliance.
ISSUED this 21* day of September 2023. DLA PIPER LLP (US)
/s/_Christopher B. Donovan
Jason M. Hopkins
State Bar No. 24059969
jason.hopkins@dlapiper.com
1900 N. Pearl St. Suite 2200
Dallas, Texas 75201
T: 214.743.4500
F: 214.743.4545
Christopher B. Donovan
State Bar No. 24097614
christopher.b.donovan@dlapiper.com
845 Texas Avenue, Suite 3800
Houston, Texas 77002
T: 713.425.8400
F: 713.425.8401
David S. Sager, pro hac vice
51 John F. Kennedy Parkway, Suite 120
Short Hills, New Jersey 07078
david.sager@us.dlapiper.com
gl1 977329202950)
F: 973.520.2551
Counsel for Defendants
Wyndham Hotels & Resorts, Inc.,
Wyndham Hotel Group, LLC, and
Hawthorn Suites Franchising, Inc.
EXHIBIT 1
RETURN OF SERVICE OF SUBPOENA
1, : delivered a copy of this subpoena to
in person at ’ in
County, Texas on 2022 at ‘clock
__m, and tendered to the witness a fee of $ in cash.
1 , was unable to deliver a copy of this subpoena to
for the following reasons:
By Deputy:
Sheriff/Constable
, County, Texas
By:
Person authorized by law or written order of the trial
court who has no interest in the lawsuit and is at least
18 years old.
ACCEPTANCE OF SERVICE OF SUBPOENA BY
WITNESS UNDER TEXAS RULE OF CIVIL PROCEDURE 176
l accept service of this subpoena.
Witness
Date
Fee for service of Subpoena: $
EXHIBIT 1
EXHIBIT A
I DEFINITIONS
The following definitions are an integral part of these requests for documents, and they are
applicable throughout:
A The terms “document” and “documents” are to be construed broadly and are
defined to be synonymous in meaning and equal in scope to the usage of such terms in Rule 192.3
of the Texas Rules of Civil Procedure. Such terms include, without limitation, any medium upon
or by which information is or can be recorded, including but not limited to papers, books, letters,
labels (and other identifying markings), e-mails, social media, electronically-stored information,
facsimile transmissions, notes, drafts, diaries, reports, analyses, studies, invoices, promotional
literature, sales literature, profit projections, computer generated information, audits, checks, bank
statements, calendars, records, correspondence, memoranda, notebooks, photographs, pictures,
diagrams, graphs, charts, drawings and sketches, non-written material such as videotapes, video
recordings, audiotapes, tape recordings, CDs, and electronic and computer data compilations,
translated, if indicated, into a reasonably usable format.
B The terms “referring, 66 relating to,” and “concerning” include in whole or in part
directly or indirectly, analyzing, containing, supporting, concerned with, connected with, dealing
with, constituting, describing, relevant to or pertaining to the identified person, document or
subject matter.
c The terms “communicate” and “communication” mean every manner or means of
disclosure, transfer, or exchange, and every disclosure, transfer, or exchange of information,
whether made or accomplished orally or by document, whether face-to-face, by telephone, mail,
telex, facsimile, electronic mail, personal delivery, social media, or otherwise without limitation.
EXHIBIT 1
D. The term “photograph” includes all corresponding metadata.
E The terms “person” and “persons” any natural person, individual, corporation,
proprietorship, partnership, association, joint venture, limited liability company, trust, company,
firm, or other form of legal entity, organization, or arrangement.
F. The term “social media” includes any form of electronic communication through
which users create online communities or relationships to share in-formation, ideas, personal
messages, and other content—including, but not limited to, Facebook, Myspace, WhatsApp,
Twitter, Instagram, Tumblr, Pinterest, Googlet+, LinkedIn, WeChat, Snapchat, Telegram, Reddit,
YouTube, Venmo, Cash App, and Tik Tok.
G “Activity Log” means any activity log, account history, or other data or
generatable/downloadable report reflecting activity on a social media account. That includes, but
is not limited to, data and outputs that are accessible by following guidance provided by Facebook,
Instagram, and Snapchat at the following URLs, respectively:
o Facebook | Find your Facebook activity log
https://www.facebook.com/help/28906682779
1446
Instagram | See your Instagram account history
https://help.instagram.com/46041 1108811350
Snapchat | How do I download my data from Snapchat,
https://help.snapchat.com/he/en-us/articles/70 1230537 1156-How-do-I-
download-my-data-from-Snapchat-
H The word “all” includes “any”; the word “any” includes “all.”
I The use of the terms “and,” “or,” and “and/or” should be construed conjunctively
and disjunctively for the broadest possible meaning.
EXHIBIT 1
J Whenever appropriate to bring within the scope of these requests information that
could lead to the discovery of relevant evidence, the singular form of a word shall also mean the
plural.
IL. INSTRUCTIONS
The following instructions apply to each request made herein.
A To the extent materials requested are maintained in hard copy form, they may be
scanned and produced in electronic format, as long as the electronic scan accurately reflects the
complete contents of the hard copy document.
B If the requested documents are maintained in a file, the file folder is to be included
as part of the materials produced.
Cc Electronically stored information shall be produced its native format. Alternatively,
electronically stored information may be produced in the first instance in PDF or other readable
format, provided that (i) the produced document accurately and completely reflects the contents of
the electronically stored information, and (ii) the subpoenaing parties afterward may insist on the
production of documents in native format insofar as they deem it necessary and/or appropriate.
il. REQUESTS FOR DOCUMENTS
Produce all documents and communications referring or relating to the shooting
that occurred on or around April 11, 2021 on the premises of the hotel located at
7900 Brookriver Drive, Dallas, Texas 75247 (the “Hotel’’), as well as all events
leading up to that incident.
Produce all documents and communications sent to or received from the Dallas
Police Department or the Dallas County District Attorney’s Office (or any other
law enforcement or prosecutorial agency or government body), regarding, relating
to, or in connection with the shooting that occurred at the Hotel on or around April
11, 2021.
EXHIBIT 1
Produce all documents and communications reflecting who was present at the Hotel
on April 11, 2021.
Produce all of your communications from April 2021 onward with anyone who was
present at Hotel on April 11, 2021.
Produce all of your social media content, including any Activity Log reflecting or
relating to such content, from April 10, 2021 through April 12, 2021.
EXHIBIT 1
CAUSE NO. DC-21-04901
TONY EVANS, SR., and ARETHA EVANS, § IN THE DISTRICT COURT OF
individually and on behalf of their minor son, §
T.E., deceased, FAITH TANKSLEY on behalf
of minor, T.E., III, individually and on behalfof
his father T.E., deceased, and DEON
WILLIAMS
DALLAS COUNTY, TEXAS
Plaintiffs,
ae
TASACOM REAL ESTATE, LLC, ET AL.
Defendants. 162" JUDICIAL DISTRICT
NOTICE OF INTENTION
TO SUBPOENA AND TAKE DEPOSITION OF ANIYAH WILLIAMS
TO: All counsel of record.
Please take notice that Defendants Wyndham Hotels & Resorts, Inc., Wyndham Hotel
Group, LLC, and Hawthorn Suites Franchising, Inc. intend to serve the accompanying subpoena
duces tecum upon, and take the in-person oral deposition of, Aniyah Williams. The deposition will
begin at 9:00 a.m. on October 4, 2023 at the offices of DLA Piper LLP (US), 1900 N. Pearl St.,
Suite 2200, Dallas, Texas 75201. This deposition will be recorded by stenographic means by a
certified court reporter or a digital reporter, and it may be videotaped. The deposition will be taken
for purposes of discovery, for use as evidence at trial, and for any other permissible purpose under
the applicable rules of civil procedure and evidence.
[signature page follows]
EXHIBIT 1
Dated: September 21, 2023 Respectfully submitted,
DLA PIPER LLP (US)
/s/_ Jason M. Hopkins
Jason M. Hopkins
State Bar No. 24059969
jason. hopkins@dlapiper.com
1900 N. Pearl St. Suite 2200
Dallas, Texas 75201
T: 214.743.4500
F: 214.743.4545
David S. Sager, pro hac vice
51 John F. Kennedy Parkway, Suite 120
Short Hills, New Jersey 07078
david.sager@us.dlapiper.com
T: 973.520.2550
Be 735201259)
Christopher B. Donovan
State Bar No. 24097614
christopher.b.donovan@dlapiper.com
845 Texas Avenue, Suite 3800
Houston, Texas 77002
T: 713.425.8400
F: 713.425.8401
Counsel for Defendants
Wyndham Hotels & Resorts, Inc.,
Wyndham Hotel Group, LLC, and
Hawthorn Suites Franchising, Inc.
EXHIBIT 1
CERTIFICATE OF SERVICE
I certify that, on September 21, 2023, a true and correct copy of the foregoing document
was served on counsel of record in accordance with the Texas Rules of Civil Procedure via the
court’s electronic filing system.
/s/ Christopher Donovan
Christopher Donovan
EXHIBIT 1
THE STATE OF TEXAS
SUBPOENA FOR TESTIMONY AND PRODUCTION OF DOCUMENTS
PURSUANT TO RULE 176 OF TEXAS RULES OF CIVIL PROCEDURE
CAUSE NO. DC-21-04901
TONY EVANS, SR., and ARETHA EVANS,
individually and on behalf of their minor son, IN THE DISTRICT COURT OF
T.E., deceased, FAITH TANKSLEY on behalf
of minor, T.E., III, individually and on behalf of
his father T.E., deceased, and DEON
WILLIAMS
DALLAS COUNTY, TEXAS
Plaintiffs,
vs.
TASACOM REAL ESTATE, LLC, ET AL. 162" JUDICIAL DISTRICT
Defendants.
SUBPOENA DUCES TECUM
To: Any person authorized under the laws of the State of Texas to serve subpoenas as provided
in Rule 176 of the Texas Rules of Civil Procedure
YOU ARE HEREBY COMMANDED to summon Aniyah Williams at 2464 Marimont
Lane, Lancaster, Texas 75134 (or wherever he or she may be found), 267.235.3592 to appear for
an in-person deposition at the offices of DLA Piper LLP (US), 1900 N. Pearl Street, Suite 2200,
Dallas, Texas 75201, 214.743.4500 at 9:00 a.m. (CST) on October 4, 2023, then and there to
testify as a witness in the above-referenced civil action, and to attend from day to day until lawfully
discharged, and to produce and permit inspection and copying of the documents or tangible things
identified in the attached Exhibit A, to be used as evidence in this case.
Duties of Person Served with Subpoena. A person served with a discovery subpoena has
certain rights and obligations. Rule 176.6 provides the following:
(a) Compliance required. Except as provided in this subdivision, a person served
with a subpoena must comply with the command stated therein unless discharged
by the court or by the party summoning such witness. A person commanded to
appear and give testimony must remain at the place of deposition, hearing, or trial
from day to day until discharged by the court or by the party summoning the
witness.
EXHIBIT 1
(b) Organizations. If a subpoena commanding testimony is directed to a
corporation, partnership, association, governmental agency, or other organization,
and the matters on which examination is requested are described with reasonable
particularity, the organization must designate one or more persons to testify on its
behalf as to matters known or reasonably available to the organization.
(c) Production of documents or tangible things. A person commanded to produce
documents or tangible things need not appear in person at the time and place of
production unless the person is also commanded to attend and give testimony, either
in the same subpoena or a separate one. A person must produce documents as they
are kept in the usual course of business or must organize and label them to
correspond with the categories in the demand. A person may withhold material or
information claimed to be privileged but must comply with Rule 193.3. A
nonparty’s production of a document authenticates the document for use against the
non-party to the same extent as a party’s production of a document is authenticated
for use against the party under Rule 193.7.
(d) Objections. A person commanded to produce and permit inspection and
copying of designated documents and things may serve on the party requesting
issuance of the subpoena—before the time specified for compliance—written
objections to producing any or all of the designated materials. A person need not
comply with the part of a subpoena to which objection is made as provided in this
paragraph unless ordered to do so by the court. The party requesting the subpoena
may move for such an order at any time after an objection is made.
(e) Protective orders. A person commanded to appear at a deposition, hearing, or
trial, or to produce and permit inspection and copying of designated documents and
things may move for a protective order under Rule 192.6(b)—before the time
specified for compliance—either in the court in which the action is pending or in a
district court in the county where the subpoena was served. The person must serve
the motion on all parties in accordance with Rule 21a. A person need not comply
with the part of a subpoena from which protection is sought under this paragraph
unless ordered to do so by the court. The party requesting the subpoena may seek
such an order at any time after the motion for protection is filed.
(f) Trial Subpoenas. A person commanded to attend and give testimony, or to
produce documents or things, at a hearing or trial, may object or move for protective
order before the court at the time and place specified for compliance, rather than
under paragraphs (d) and (e).
Contempt. FAILURE BY ANY PERSON WITHOUT ADEQUATE EXCUSE TO
OBEY A SUBPOENA SERVED UPON THAT PERSON MAY BE DEEMED A CONTEMPT
OF THE COURT FROM WHICH THE SUBPOENA IS ISSUED OR A DISTRICT COURT IN
THE COUNTY IN WHICH THE SUBPOENA IS SERVED, AND MAY BE PUNISHED BY
FINE OR CONFINEMENT, OR BOTH.
EXHIBIT 1
DO NOT FAIL to return this writ to the 162nd District Court of Harris County, Texas, with
either the return showing the manner of execution or the witness’s signed memorandum showing
that the witness accepted the subpoena.
This subpoena is issued at the request of Defendants Wyndham Hotels & Resorts, Inc.,
Wyndham Hotel Group, LLC, and Hawthorn Suites Franchising, Inc., whose counsel of record are
Jason Hopkins, DLA Piper LLP (US), 1900 N. Pearl Street, Suite 2200, Dallas, Texas 75201,
214.743.4546, jason.hopkins@us.dlapiper.com, and Christopher B. Donovan, DLA Piper LLP
(US), 845 Texas Ave., Suite 3800, Houston, Texas 77002, 713.425.8449,
christopher.b.donovan@us.dlapiper.com. Please contact Mr. Hopkins or Mr. Donovan to arrange
a different time or place for compliance.
ISSUED this 21st day of September 2023. DLA PIPER LLP (US)
/s/_ Christopher B. Donovan
Jason M. Hopkins
State Bar No. 24059969
jason.hopkins@dlapiper.com
1900 N. Pearl St. Suite 2200
Dallas, Texas 75201
T: 214.743.4500
F: 214.743.4545
Christopher B. Donovan
State Bar No. 24097614
christopher.b.donovan@dlapiper.com
845 Texas Avenue, Suite 3800
Houston, Texas 77002
T: 713.425.8400
F: 713.425.8401
David S. Sager, pro hac vice
51 John F. Kennedy Parkway, Suite 120
Short Hills, New Jersey 07078
david.sager@us.dlapiper.com
T: 973.520.2550
F: 973.520.2551
Counsel for Defendants
Wyndham Hotels & Resorts, Inc.,
Wyndham Hotel Group, LLC, and
Hawthorn Suites Franchising, Inc.
EXHIBIT 1
RETURN OF SERVICE OF SUBPOENA
1, : delivered a copy of this subpoena to
in person at ’ in
County, Texas on 2022 at ‘clock
__m, and tendered to the witness a fee of $ in cash.
1 , was unable to deliver a copy of this subpoena to
for the following reasons:
By Deputy:
Sheriff/Constable
, County, Texas
By:
Person authorized by law or written order of the trial
court who has no interest in the lawsuit and is at least
18 years old.
ACCEPTANCE OF SERVICE OF SUBPOENA BY
WITNESS UNDER TEXAS RULE OF CIVIL PROCEDURE 176
l accept service of this subpoena.
Witness
Date
Fee for service of Subpoena: $
EXHIBIT 1
EXHIBIT A
I DEFINITIONS
The following definitions are an integral part of these requests for documents, and they are
applicable throughout:
A The terms “document” and “documents” are to be construed broadly and are
defined to be synonymous in meaning and equal in scope to the usage of such terms in Rule 192.3
of the Texas Rules of Civil Procedure. Such terms include, without limitation, any medium upon
or by which information is or can be recorded, including but not limited to papers, books, letters,
labels (and other identifying markings), e-mails, social media, electronically-stored information,
facsimile transmissions, notes, drafts, diaries, reports, analyses, studies, invoices, promotional
literature, sales literature, profit projections, computer generated information, audits, checks, bank
statements, calendars, records, correspondence, memoranda, notebooks, photographs, pictures,
diagrams, graphs, charts, drawings and sketches, non-written material such as videotapes, video
recordings, audiotapes, tape recordings, CDs, and electronic and computer data compilations,
translated, if indicated, into a reasonably usable format.
B The terms “referring, 66 relating to,” and “concerning” include in whole or in part
directly or indirectly, analyzing, containing, supporting, concerned with, connected with, dealing
with, constituting, describing, relevant to or pertaining to the identified person, document or
subject matter.
c The terms “communicate” and “communication” mean every manner or means of
disclosure, transfer, or exchange, and every disclosure, transfer, or exchange of information,
whether made or accomplished orally or by document, whether face-to-face, by telephone, mail,
telex, facsimile, electronic mail, personal delivery, social media, or otherwise without limitation.
EXHIBIT 1
D. The term “photograph” includes all corresponding metadata.
E The terms “person” and “persons” any natural person, individual, corporation,
proprietorship, partnership, association, joint venture, limited liability company, trust, company,
firm, or other form of legal entity, organization, or arrangement.
F. The term “social media” includes any form of electronic communication through
which users create online communities or relationships to share in-formation, ideas, personal
messages, and other content—including, but not limited to, Facebook, Myspace, WhatsApp,
Twitter, Instagram, Tumblr, Pinterest, Googlet+, LinkedIn, WeChat, Snapchat, Telegram, Reddit,
YouTube, Venmo, Cash App, and Tik Tok.
G “Activity Log” means any activity log, account history, or other data or
generatable/downloadable report reflecting activity on a social media account. That includes, but
is not limited to, data and outputs that are accessible by following guidance provided by Facebook,
Instagram, and Snapchat at the following URLs, respectively:
o Facebook | Find your Facebook activity log
https://www.facebook.com/help/28906682779
1446
Instagram | See your Instagram account history
https://help.instagram.com/46041 1108811350
Snapchat | How do I download my data from Snapchat,
https://help.snapchat.com/he/en-us/articles/70 1230537 1156-How-do-I-
download-my-data-from-Snapchat-
H The word “all” includes “any”; the word “any” includes “all.”
I The use of the terms “and,” “or,” and “and/or” should be construed conjunctively
and disjunctively for the broadest possible meaning.
EXHIBIT 1
J Whenever appropriate to bring within the scope of these requests information that
could lead to the discovery of relevant evidence, the singular form of a word shall also mean the
plural.
IL. INSTRUCTIONS
The following instructions apply to each request made herein.
A To the extent materials requested are maintained in hard copy form, they may be
scanned and produced in electronic format, as long as the electronic scan accurately reflects the
complete contents of the hard copy document.
B If the requested documents are maintained in a file, the file folder is to be included
as part of the materials produced.
Cc Electronically stored information shall be produced its native format. Alternatively,
electronically stored information may be produced in the first instance in PDF or other readable
format, provided that (i) the produced document accurately and completely reflects the contents of
the electronically stored information, and (ii) the subpoenaing parties afterward may insist on the
production of documents in native format insofar as they deem it necessary and/or appropriate.
il. REQUESTS FOR DOCUMENTS
Produce all documents and communications referring or relating to the shooting
that occurred on or around April 11, 2021 on the premises of the hotel located at
7900 Brookriver Drive, Dallas, Texas 75247 (the “Hotel’’), as well as all events
leading up to that incident.
Produce all documents and communications sent to or received from the Dallas
Police Department or the Dallas County District Attorney’s Office (or any other
law enforcement or prosecutorial agency or government body), regarding, relating
to, or in connection with the shooting that occurred at the Hotel on or around April
11, 2021.
EXHIBIT 1
Produce all documents and communications reflecting who was present at the Hotel
on April 11, 2021.
Produce all of your communications from April 2021 onward with anyone who was
present at Hotel on April 11, 2021.
Produce all of your social media content, including any Activity Log reflecting or
relating to such content, from April 10, 2021 through April 12, 2021.
EXHIBIT 1
CAUSE NO. DC-21-04901
TONY EVANS, SR., and ARETHA EVANS, § IN THE DISTRICT COURT OF
individually and on behalf of their minor son, §
T.E., deceased, FAITH TANKSLEY on behalf
of minor, T.E., III, individually and on behalfof
his father T.E., deceased, and DEON
WILLIAMS
DALLAS COUNTY, TEXAS
Plaintiffs,
ae
TASACOM REAL ESTATE, LLC, ET AL.
Defendants. 162" JUDICIAL DISTRICT
NOTICE OF INTENTION
TO SUBPOENA AND TAKE DEPOSITION OF FAITH DOTSON
TO: All counsel of record.
Please take notice that Defendants Wyndham Hotels & Resorts, Inc., Wyndham Hotel
Group, LLC, and Hawthorn Suites Franchising, Inc. intend to serve the accompanying subpoena
duces tecum upon, and take the in-person oral deposition of, Faith Dotson. The deposition will
begin at 1:00 p.m. on October 5, 2023 at the offices of DLA Piper LLP (US), 1900 N. Pearl St.,
Suite 2200, Dallas, Texas 75201. This deposition will be recorded by stenographic means by a
certified court reporter or a digital reporter, and it may be videotaped. The deposition will be taken
for purposes of discovery, for use as evidence at trial, and for any other permissible purpose under
the applicable rules of civil procedure and evidence.
[signature page follows]
EXHIBIT 1
Dated: September 21, 2023 Respec
Preview
FILED 10/2/2023 10:22 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Kellie Juricek DEPUTY CAUSE NO. DC-21-04901 TONY EVANS, SR., and ARETHA EVANS, ) IN THE DISTRICT COURT individually and on behalf of their minor son, ) T.E., deceased, FAITH TANKSLEY on behalf of) minor T.E., ILI, individually and on behalf of ) his father, T.E., deceased, and DEON WILLIAMS, ) Plaintiffs, Vv. TASACOM REAL ESTATE, LLC d/b/a 162nd JUDICIAL DISTRICT HAWTHORN SUITES DALLAS LOVE FIELD, HAWTHORN SUITES FRANCHISING, INC., WYNDHAM HOTELS & RESORTS, INC., MOHAMMAD SADIQ NOSHAHI, DIAMOND STAFFING SERVICES, LLC, WYNDHAM HOTEL GROUP, LLC, TASACOM TECHNOLOGIES, INC., SANJEEV JAIN and MMAROOFUL CHOUDHURY, Defendants. DALLAS COUNTY, TEXAS P. TIFFS’ OBJECTIONS TO, AND MOTION TO QUASH, SUBPOENAS DUCES TECUM Plaintiffs hereby submit their Objections to, and Motion to Quash, Subpoenas Duces Tecum served on multiple third-party witnesses by Defendants Wyndham Hotels & Resorts, Inc., Wyndham Hotel Group, LLC, and Hawthorn Suites Franchising, Inc. (“Defendants”), showing the Court, as follows: L INTRODUCTION On September 21, 2023, Plaintiffs were served with deposition notices and subpoenas duces tecum for five, third-party witnesses to the shooting at issue in this lawsuit. Copies thereof are attached hereto as Exhibit 1. Plaintiffs seek to object to and quash and/or limit the production of documents associated with document request numbers four and five made to each of the subpoenaed witnesses because the requests are wholly overbroad, seek to invade the privacy of third parties, and include information not relevant to any claim or defense in this matter, as more fully argued below. Accordingly, document request numbers four and five must be stricken and/or limited. IL. ARGUMENT AND AUTHORITIES Texas law is clear: “discovery may not be used as a fishing expedition.” Jn re Am. Optical Corp., 988 S.W.2d 711, 713 (Tex. 1998). Rather, “requests must be reasonably tailored to include only matters relevant to the case.” /d.; see, also, In re CSX Corp., 124 S.W.3d 149, 152 (Tex. 2003) (“discovery requests must be reasonably tailored to include only relevant matters”) (internal quotation and citation omitted); Jn re Brewer Leasing, Inc., 255 S.W.3d 708, 711 (Tex. App. Houston [1st Dist.] 2008) (“Discovery requests, however, must be reasonably tailored to include only matters relevant to the case.”). As a result, courts must quash discovery when it is not reasonably calculated to lead to the discovery of admissible, relevant evidence. See In re Allstate Cnty. Mut. Ins. Co., 227 S.W.3d 667, 670 (Tex. 2007) (“Overbroad requests for irrelevant information are improper”). Whether the request is “reasonably calculated” is “the initial question that must be answered before any discovery may take place.” /d. The party seeking discovery bears the burden to show that it is relevant. “Without that initial showing of relevance, discovery is improper.” /d. Courts abuse their discretion by allowing “discovery into patently irrelevant matters.” In re ReadyOne Indus., Inc., 420 S.W.3d 179, 183 (Tex. App.—E] Paso 2012). Plaintiffs further object to the subpoenas duces tecum for the reason that they exceed the scope of Rule 192, 196 and/or 197 of the Texas Rules of Civil Procedure. Specific Objections to Documents Requests Plaintiffs assert the following objections to document requests four and five to each of the five, third-party witness subpoenas served in this case. See Exhibit 1. 4 Produce all of your communications from April 2021 onward with anyone who was present at Hotel on April 11, 2021. This request seeks to have five third-party witnesses produce all communications, regardless of subject matter and without time restriction, with any person attending the hotel party at issue in this lawsuit. Plaintiffs object to this request since, in violation of Tex. R. Civ. P. 192.3, it is overly broad, harassing, unduly burdensome and constitutes a fishing expedition. Plaintiffs further object on grounds that this request seeks to invade the privacy of third persons who are not parties to the current litigation. The request is not reasonably related to any claim or defense, and there is no sufficient reason to go beyond the ordinary scope of discovery under the Texas Rules of Civil Procedure. See Union Carbide Corp. v. Martin, 349 8.W.3d 137, 143 (Tex. App.—Dallas 2011) (noting that the trial court quashed a subpoena duces tecum because it was overly broad, unduly burdensome, and harassing); see, also, Lunsmann v. Spector, 761 S.W.2d 112, 113 (Tex. App.—San Antonio 1988) (“trial court may protect a party from unduly burdensome ... discovery or from harassment”); Jn re Christus Health Southeast Tex., 399 S.W.3d 343, 345-48 (Tex. App.— Beaumont 2013, orig. proceeding) (denying mandamus relief because the trial court did not abuse its discretion by refusing to compel discovery beyond the relevant timeframe). 5. Produce all of your social media content, including any Activity Log reflecting or relating to such content, from April 10, 2021 through April 12, 2021. This request seeks to have five, third-party witnesses produce all their social media activity, regardless of subject matter, for a three-day period encapsulating the shooting at issue in this lawsuit. “Activity Log” is defined by Defendant as including all social media data and history without limitation. See Exhibit 1. This would include these witnesses’ private messages that are not otherwise made public via social media providers. Like request to produce number four, in violation of Tex. R. Civ. P. 192.3, this request is overly broad, harassing, unduly burdensome, and constitutes a fishing expedition, as it is not sufficiently tailored to a reasonable or relevant subject matter. Because the request is not reasonably related to any claim or defense, there is no justification for going beyond the ordinary scope of discovery under the Texas Rules of Civil Procedure. In addition, this request also seeks to invade the privacy of third parties, seeking wholly immaterial and unrelated information and communications. TIL. CONCLUSION Plaintiffs respectfully request the Court to quash, modify or limit the five Subpoenas Duces Tecum document requests, as provided herein. If the requests four and five contained in each of the five Subpoenas Duces Tecum are not quashed in their entirety, then they must at least be limited to the subject matters of this lawsuit. WHEREFORE, PREMISES CONSIDERED, Plaintiffs respectfully request that the Court grant Plaintiffs the relief requested herein and such other and further relief to which they may show themselves entitled. Respectfully submitted, /s/ Nuru Witherspooi NURU WITHERSPOON /s/ Aubrey “Nick” Pittma State Bar No. 24039244 AUBREY “NICK” PITTMAN witherspoon@twlglawyers.com State Bar No. 16049750 EMILY TAYLOR THE PITTMAN LAW FirM, P.C. State Bar No. 24046951 901 Main Street, Suite 3670 taylor@twlglawyers.com Dallas, Texas 75202 WITHERSPOON LAW GROUP 214-459-3454 — Telephone 5565 Deer Creek, Unit A 214-853-5912 - Fax Dallas, Texas 75228 pittman@thepittmanlawfirm.com 214-773-1133 — Telephone 972-696-9982 — Fax CERTIFICATE OF SERVICE I hereby certify that on October 2, 2023, the foregoing document was submitted to the representatives of the parties, using the electronic case filing system of the court. The electronic case filing system sent a “Notice of Service” to all attorneys of record who have consented in writing to accept this Notice as service of documents by electronic means. /s/ Emily Taylor Emily Taylor EXHIBIT 1 CAUSE NO. DC-21-04901 TONY EVANS, SR., and ARETHA EVANS, § IN THE DISTRICT COURT OF individually and on behalf of their minor son, § T.E., deceased, FAITH TANKSLEY on behalf of minor, T.E., III, individually and on behalfof his father T.E., deceased, and DEON WILLIAMS DALLAS COUNTY, TEXAS Plaintiffs, ae TASACOM REAL ESTATE, LLC, ET AL. Defendants. 162" JUDICIAL DISTRICT NOTICE OF INTENTION TO SUBPOENA AND TAKE DEPOSITION OF AALIYAH SIMPSON TO: All counsel of record. Please take notice that Defendants Wyndham Hotels & Resorts, Inc., Wyndham Hotel Group, LLC, and Hawthorn Suites Franchising, Inc. intend to serve the accompanying subpoena duces tecum upon, and take the in-person oral deposition of, Aaliyah Simpson. The deposition will begin at 9:00 a.m. on October 5, 2023 at the offices of DLA Piper LLP (US), 1900 N. Pearl St., Suite 2200, Dallas, Texas 75201. This deposition will be recorded by stenographic means by a certified court reporter or a digital reporter, and it may be videotaped. The deposition will be taken for purposes of discovery, for use as evidence at trial, and for any other permissible purpose under the applicable rules of civil procedure and evidence. [signature page follows] EXHIBIT 1 Dated: September 21, 2023 Respectfully submitted, DLA PIPER LLP (US) /s/_ Jason M. Hopkins Jason M. Hopkins State Bar No. 24059969 jason. hopkins@dlapiper.com 1900 N. Pearl St. Suite 2200 Dallas, Texas 75201 T: 214.743.4500 F: 214.743.4545 David S. Sager, pro hac vice 51 John F. Kennedy Parkway, Suite 120 Short Hills, New Jersey 07078 david.sager@us.dlapiper.com T: 973.520.2550 Be 735201259) Christopher B. Donovan State Bar No. 24097614 christopher.b.donovan@dlapiper.com 845 Texas Avenue, Suite 3800 Houston, Texas 77002 T: 713.425.8400 F: 713.425.8401 Counsel for Defendants Wyndham Hotels & Resorts, Inc., Wyndham Hotel Group, LLC, and Hawthorn Suites Franchising, Inc. EXHIBIT 1 CERTIFICATE OF SERVICE I certify that, on September 21, 2023, a true and correct copy of the foregoing document was served on counsel of record in accordance with the Texas Rules of Civil Procedure via the court’s electronic filing system. /s/ Christopher Donovan Christopher Donovan EXHIBIT 1 THE STATE OF TEXAS SUBPOENA FOR TESTIMONY AND PRODUCTION OF DOCUMENTS PURSUANT TO RULE 176 OF TEXAS RULES OF CIVIL PROCEDURE CAUSE NO. DC-21-04901 TONY EVANS, SR., and ARETHA EVANS, individually and on behalf of their minor son, IN THE DISTRICT COURT OF T.E., deceased, FAITH TANKSLEY on behalf of minor, T.E., III, individually and on behalf of his father T.E., deceased, and DEON WILLIAMS DALLAS COUNTY, TEXAS Plaintiffs, vs. TASACOM REAL ESTATE, LLC, ET AL. 162" JUDICIAL DISTRICT Defendants. SUBPOENA DUCES TECUM To: Any person authorized under the laws of the State of Texas to serve subpoenas as provided in Rule 176 of the Texas Rules of Civil Procedure YOU ARE HEREBY COMMANDED to summon Aaliyah Simpson at 431 Gulledge Lane, Dallas, Texas 75217, or 2605 John West Road, Dallas, Texas 75228 (or wherever he or she may be found), 469.258.4246, to appear for an in-person deposition at the offices of DLA Piper LLP (US), 1900 N. Pearl Street, Suite 2200, Dallas, Texas 75201, 214.743.4500 at 9:00 a.m. (CST) on October 5, 2023, then and there to testify as a witness in the above-referenced civil action, and to attend from day to day until lawfully discharged, and to produce and permit inspection and copying of the documents or tangible things identified in the attached Exhibit A, to be used as evidence in this case. Duties of Person Served with Subpoena. A person served with a discovery subpoena has certain rights and obligations. Rule 176.6 provides the following: (a) Compliance required. Except as provided in this subdivision, a person served with a subpoena must comply with the command stated therein unless discharged by the court or by the party summoning such witness. A person commanded to appear and give testimony must remain at the place of deposition, hearing, or trial from day to day until discharged by the court or by the party summoning the witness. EXHIBIT 1 (b) Organizations. If a subpoena commanding testimony is directed to a corporation, partnership, association, governmental agency, or other organization, and the matters on which examination is requested are described with reasonable particularity, the organization must designate one or more persons to testify on its behalf as to matters known or reasonably available to the organization. (c) Production of documents or tangible things. A person commanded to produce documents or tangible things need not appear in person at the time and place of production unless the person is also commanded to attend and give testimony, either in the same subpoena or a separate one. A person must produce documents as they are kept in the usual course of business or must organize and label them to correspond with the categories in the demand. A person may withhold material or information claimed to be privileged but must comply with Rule 193.3. A nonparty’s production of a document authenticates the document for use against the non-party to the same extent as a party’s production of a document is authenticated for use against the party under Rule 193.7. (d) Objections. A person commanded to produce and permit inspection and copying of designated documents and things may serve on the party requesting issuance of the subpoena—before the time specified for compliance—written objections to producing any or all of the designated materials. A person need not comply with the part of a subpoena to which objection is made as provided in this paragraph unless ordered to do so by the court. The party requesting the subpoena may move for such an order at any time after an objection is made. (e) Protective orders. A person commanded to appear at a deposition, hearing, or trial, or to produce and permit inspection and copying of designated documents and things may move for a protective order under Rule 192.6(b)—before the time specified for compliance—either in the court in which the action is pending or in a district court in the county where the subpoena was served. The person must serve the motion on all parties in accordance with Rule 21a. A person need not comply with the part of a subpoena from which protection is sought under this paragraph unless ordered to do so by the court. The party requesting the subpoena may seek such an order at any time after the motion for protection is filed. (f) Trial Subpoenas. A person commanded to attend and give testimony, or to produce documents or things, at a hearing or trial, may object or move for protective order before the court at the time and place specified for compliance, rather than under paragraphs (d) and (e). Contempt. FAILURE BY ANY PERSON WITHOUT ADEQUATE EXCUSE TO OBEY A SUBPOENA SERVED UPON THAT PERSON MAY BE DEEMED A CONTEMPT OF THE COURT FROM WHICH THE SUBPOENA IS ISSUED OR A DISTRICT COURT IN THE COUNTY IN WHICH THE SUBPOENA IS SERVED, AND MAY BE PUNISHED BY FINE OR CONFINEMENT, OR BOTH. EXHIBIT 1 DO NOT FAIL to return this writ to the 162nd District Court of Harris County, Texas, with either the return showing the manner of execution or the witness’s signed memorandum showing that the witness accepted the subpoena. This subpoena is issued at the request of Defendants Wyndham Hotels & Resorts, Inc., Wyndham Hotel Group, LLC, and Hawthorn Suites Franchising, Inc., whose counsel of record are Jason Hopkins, DLA Piper LLP (US), 1900 N. Pearl Street, Suite 2200, Dallas, Texas 75201, 214.743.4546, jason.hopkins@us.dlapiper.com, and Christopher B. Donovan, DLA Piper LLP (US), 845 Texas Ave., Suite 3800, Houston, Texas 77002, 713.425.8449, christopher.b.donovan@us.dlapiper.com. Please contact Mr. Hopkins or Mr. Donovan to arrange a different time or place for compliance. ISSUED this 21* day of September 2023. DLA PIPER LLP (US) /s/_Christopher B. Donovan Jason M. Hopkins State Bar No. 24059969 jason.hopkins@dlapiper.com 1900 N. Pearl St. Suite 2200 Dallas, Texas 75201 T: 214.743.4500 F: 214.743.4545 Christopher B. Donovan State Bar No. 24097614 christopher.b.donovan@dlapiper.com 845 Texas Avenue, Suite 3800 Houston, Texas 77002 T: 713.425.8400 F: 713.425.8401 David S. Sager, pro hac vice 51 John F. Kennedy Parkway, Suite 120 Short Hills, New Jersey 07078 david.sager@us.dlapiper.com gl1 977329202950) F: 973.520.2551 Counsel for Defendants Wyndham Hotels & Resorts, Inc., Wyndham Hotel Group, LLC, and Hawthorn Suites Franchising, Inc. EXHIBIT 1 RETURN OF SERVICE OF SUBPOENA 1, : delivered a copy of this subpoena to in person at ’ in County, Texas on 2022 at ‘clock __m, and tendered to the witness a fee of $ in cash. 1 , was unable to deliver a copy of this subpoena to for the following reasons: By Deputy: Sheriff/Constable , County, Texas By: Person authorized by law or written order of the trial court who has no interest in the lawsuit and is at least 18 years old. ACCEPTANCE OF SERVICE OF SUBPOENA BY WITNESS UNDER TEXAS RULE OF CIVIL PROCEDURE 176 l accept service of this subpoena. Witness Date Fee for service of Subpoena: $ EXHIBIT 1 EXHIBIT A I DEFINITIONS The following definitions are an integral part of these requests for documents, and they are applicable throughout: A The terms “document” and “documents” are to be construed broadly and are defined to be synonymous in meaning and equal in scope to the usage of such terms in Rule 192.3 of the Texas Rules of Civil Procedure. Such terms include, without limitation, any medium upon or by which information is or can be recorded, including but not limited to papers, books, letters, labels (and other identifying markings), e-mails, social media, electronically-stored information, facsimile transmissions, notes, drafts, diaries, reports, analyses, studies, invoices, promotional literature, sales literature, profit projections, computer generated information, audits, checks, bank statements, calendars, records, correspondence, memoranda, notebooks, photographs, pictures, diagrams, graphs, charts, drawings and sketches, non-written material such as videotapes, video recordings, audiotapes, tape recordings, CDs, and electronic and computer data compilations, translated, if indicated, into a reasonably usable format. B The terms “referring, 66 relating to,” and “concerning” include in whole or in part directly or indirectly, analyzing, containing, supporting, concerned with, connected with, dealing with, constituting, describing, relevant to or pertaining to the identified person, document or subject matter. c The terms “communicate” and “communication” mean every manner or means of disclosure, transfer, or exchange, and every disclosure, transfer, or exchange of information, whether made or accomplished orally or by document, whether face-to-face, by telephone, mail, telex, facsimile, electronic mail, personal delivery, social media, or otherwise without limitation. EXHIBIT 1 D. The term “photograph” includes all corresponding metadata. E The terms “person” and “persons” any natural person, individual, corporation, proprietorship, partnership, association, joint venture, limited liability company, trust, company, firm, or other form of legal entity, organization, or arrangement. F. The term “social media” includes any form of electronic communication through which users create online communities or relationships to share in-formation, ideas, personal messages, and other content—including, but not limited to, Facebook, Myspace, WhatsApp, Twitter, Instagram, Tumblr, Pinterest, Googlet+, LinkedIn, WeChat, Snapchat, Telegram, Reddit, YouTube, Venmo, Cash App, and Tik Tok. G “Activity Log” means any activity log, account history, or other data or generatable/downloadable report reflecting activity on a social media account. That includes, but is not limited to, data and outputs that are accessible by following guidance provided by Facebook, Instagram, and Snapchat at the following URLs, respectively: o Facebook | Find your Facebook activity log https://www.facebook.com/help/28906682779 1446 Instagram | See your Instagram account history https://help.instagram.com/46041 1108811350 Snapchat | How do I download my data from Snapchat, https://help.snapchat.com/he/en-us/articles/70 1230537 1156-How-do-I- download-my-data-from-Snapchat- H The word “all” includes “any”; the word “any” includes “all.” I The use of the terms “and,” “or,” and “and/or” should be construed conjunctively and disjunctively for the broadest possible meaning. EXHIBIT 1 J Whenever appropriate to bring within the scope of these requests information that could lead to the discovery of relevant evidence, the singular form of a word shall also mean the plural. IL. INSTRUCTIONS The following instructions apply to each request made herein. A To the extent materials requested are maintained in hard copy form, they may be scanned and produced in electronic format, as long as the electronic scan accurately reflects the complete contents of the hard copy document. B If the requested documents are maintained in a file, the file folder is to be included as part of the materials produced. Cc Electronically stored information shall be produced its native format. Alternatively, electronically stored information may be produced in the first instance in PDF or other readable format, provided that (i) the produced document accurately and completely reflects the contents of the electronically stored information, and (ii) the subpoenaing parties afterward may insist on the production of documents in native format insofar as they deem it necessary and/or appropriate. il. REQUESTS FOR DOCUMENTS Produce all documents and communications referring or relating to the shooting that occurred on or around April 11, 2021 on the premises of the hotel located at 7900 Brookriver Drive, Dallas, Texas 75247 (the “Hotel’’), as well as all events leading up to that incident. Produce all documents and communications sent to or received from the Dallas Police Department or the Dallas County District Attorney’s Office (or any other law enforcement or prosecutorial agency or government body), regarding, relating to, or in connection with the shooting that occurred at the Hotel on or around April 11, 2021. EXHIBIT 1 Produce all documents and communications reflecting who was present at the Hotel on April 11, 2021. Produce all of your communications from April 2021 onward with anyone who was present at Hotel on April 11, 2021. Produce all of your social media content, including any Activity Log reflecting or relating to such content, from April 10, 2021 through April 12, 2021. EXHIBIT 1 CAUSE NO. DC-21-04901 TONY EVANS, SR., and ARETHA EVANS, § IN THE DISTRICT COURT OF individually and on behalf of their minor son, § T.E., deceased, FAITH TANKSLEY on behalf of minor, T.E., III, individually and on behalfof his father T.E., deceased, and DEON WILLIAMS DALLAS COUNTY, TEXAS Plaintiffs, ae TASACOM REAL ESTATE, LLC, ET AL. Defendants. 162" JUDICIAL DISTRICT NOTICE OF INTENTION TO SUBPOENA AND TAKE DEPOSITION OF ANIYAH WILLIAMS TO: All counsel of record. Please take notice that Defendants Wyndham Hotels & Resorts, Inc., Wyndham Hotel Group, LLC, and Hawthorn Suites Franchising, Inc. intend to serve the accompanying subpoena duces tecum upon, and take the in-person oral deposition of, Aniyah Williams. The deposition will begin at 9:00 a.m. on October 4, 2023 at the offices of DLA Piper LLP (US), 1900 N. Pearl St., Suite 2200, Dallas, Texas 75201. This deposition will be recorded by stenographic means by a certified court reporter or a digital reporter, and it may be videotaped. The deposition will be taken for purposes of discovery, for use as evidence at trial, and for any other permissible purpose under the applicable rules of civil procedure and evidence. [signature page follows] EXHIBIT 1 Dated: September 21, 2023 Respectfully submitted, DLA PIPER LLP (US) /s/_ Jason M. Hopkins Jason M. Hopkins State Bar No. 24059969 jason. hopkins@dlapiper.com 1900 N. Pearl St. Suite 2200 Dallas, Texas 75201 T: 214.743.4500 F: 214.743.4545 David S. Sager, pro hac vice 51 John F. Kennedy Parkway, Suite 120 Short Hills, New Jersey 07078 david.sager@us.dlapiper.com T: 973.520.2550 Be 735201259) Christopher B. Donovan State Bar No. 24097614 christopher.b.donovan@dlapiper.com 845 Texas Avenue, Suite 3800 Houston, Texas 77002 T: 713.425.8400 F: 713.425.8401 Counsel for Defendants Wyndham Hotels & Resorts, Inc., Wyndham Hotel Group, LLC, and Hawthorn Suites Franchising, Inc. EXHIBIT 1 CERTIFICATE OF SERVICE I certify that, on September 21, 2023, a true and correct copy of the foregoing document was served on counsel of record in accordance with the Texas Rules of Civil Procedure via the court’s electronic filing system. /s/ Christopher Donovan Christopher Donovan EXHIBIT 1 THE STATE OF TEXAS SUBPOENA FOR TESTIMONY AND PRODUCTION OF DOCUMENTS PURSUANT TO RULE 176 OF TEXAS RULES OF CIVIL PROCEDURE CAUSE NO. DC-21-04901 TONY EVANS, SR., and ARETHA EVANS, individually and on behalf of their minor son, IN THE DISTRICT COURT OF T.E., deceased, FAITH TANKSLEY on behalf of minor, T.E., III, individually and on behalf of his father T.E., deceased, and DEON WILLIAMS DALLAS COUNTY, TEXAS Plaintiffs, vs. TASACOM REAL ESTATE, LLC, ET AL. 162" JUDICIAL DISTRICT Defendants. SUBPOENA DUCES TECUM To: Any person authorized under the laws of the State of Texas to serve subpoenas as provided in Rule 176 of the Texas Rules of Civil Procedure YOU ARE HEREBY COMMANDED to summon Aniyah Williams at 2464 Marimont Lane, Lancaster, Texas 75134 (or wherever he or she may be found), 267.235.3592 to appear for an in-person deposition at the offices of DLA Piper LLP (US), 1900 N. Pearl Street, Suite 2200, Dallas, Texas 75201, 214.743.4500 at 9:00 a.m. (CST) on October 4, 2023, then and there to testify as a witness in the above-referenced civil action, and to attend from day to day until lawfully discharged, and to produce and permit inspection and copying of the documents or tangible things identified in the attached Exhibit A, to be used as evidence in this case. Duties of Person Served with Subpoena. A person served with a discovery subpoena has certain rights and obligations. Rule 176.6 provides the following: (a) Compliance required. Except as provided in this subdivision, a person served with a subpoena must comply with the command stated therein unless discharged by the court or by the party summoning such witness. A person commanded to appear and give testimony must remain at the place of deposition, hearing, or trial from day to day until discharged by the court or by the party summoning the witness. EXHIBIT 1 (b) Organizations. If a subpoena commanding testimony is directed to a corporation, partnership, association, governmental agency, or other organization, and the matters on which examination is requested are described with reasonable particularity, the organization must designate one or more persons to testify on its behalf as to matters known or reasonably available to the organization. (c) Production of documents or tangible things. A person commanded to produce documents or tangible things need not appear in person at the time and place of production unless the person is also commanded to attend and give testimony, either in the same subpoena or a separate one. A person must produce documents as they are kept in the usual course of business or must organize and label them to correspond with the categories in the demand. A person may withhold material or information claimed to be privileged but must comply with Rule 193.3. A nonparty’s production of a document authenticates the document for use against the non-party to the same extent as a party’s production of a document is authenticated for use against the party under Rule 193.7. (d) Objections. A person commanded to produce and permit inspection and copying of designated documents and things may serve on the party requesting issuance of the subpoena—before the time specified for compliance—written objections to producing any or all of the designated materials. A person need not comply with the part of a subpoena to which objection is made as provided in this paragraph unless ordered to do so by the court. The party requesting the subpoena may move for such an order at any time after an objection is made. (e) Protective orders. A person commanded to appear at a deposition, hearing, or trial, or to produce and permit inspection and copying of designated documents and things may move for a protective order under Rule 192.6(b)—before the time specified for compliance—either in the court in which the action is pending or in a district court in the county where the subpoena was served. The person must serve the motion on all parties in accordance with Rule 21a. A person need not comply with the part of a subpoena from which protection is sought under this paragraph unless ordered to do so by the court. The party requesting the subpoena may seek such an order at any time after the motion for protection is filed. (f) Trial Subpoenas. A person commanded to attend and give testimony, or to produce documents or things, at a hearing or trial, may object or move for protective order before the court at the time and place specified for compliance, rather than under paragraphs (d) and (e). Contempt. FAILURE BY ANY PERSON WITHOUT ADEQUATE EXCUSE TO OBEY A SUBPOENA SERVED UPON THAT PERSON MAY BE DEEMED A CONTEMPT OF THE COURT FROM WHICH THE SUBPOENA IS ISSUED OR A DISTRICT COURT IN THE COUNTY IN WHICH THE SUBPOENA IS SERVED, AND MAY BE PUNISHED BY FINE OR CONFINEMENT, OR BOTH. EXHIBIT 1 DO NOT FAIL to return this writ to the 162nd District Court of Harris County, Texas, with either the return showing the manner of execution or the witness’s signed memorandum showing that the witness accepted the subpoena. This subpoena is issued at the request of Defendants Wyndham Hotels & Resorts, Inc., Wyndham Hotel Group, LLC, and Hawthorn Suites Franchising, Inc., whose counsel of record are Jason Hopkins, DLA Piper LLP (US), 1900 N. Pearl Street, Suite 2200, Dallas, Texas 75201, 214.743.4546, jason.hopkins@us.dlapiper.com, and Christopher B. Donovan, DLA Piper LLP (US), 845 Texas Ave., Suite 3800, Houston, Texas 77002, 713.425.8449, christopher.b.donovan@us.dlapiper.com. Please contact Mr. Hopkins or Mr. Donovan to arrange a different time or place for compliance. ISSUED this 21st day of September 2023. DLA PIPER LLP (US) /s/_ Christopher B. Donovan Jason M. Hopkins State Bar No. 24059969 jason.hopkins@dlapiper.com 1900 N. Pearl St. Suite 2200 Dallas, Texas 75201 T: 214.743.4500 F: 214.743.4545 Christopher B. Donovan State Bar No. 24097614 christopher.b.donovan@dlapiper.com 845 Texas Avenue, Suite 3800 Houston, Texas 77002 T: 713.425.8400 F: 713.425.8401 David S. Sager, pro hac vice 51 John F. Kennedy Parkway, Suite 120 Short Hills, New Jersey 07078 david.sager@us.dlapiper.com T: 973.520.2550 F: 973.520.2551 Counsel for Defendants Wyndham Hotels & Resorts, Inc., Wyndham Hotel Group, LLC, and Hawthorn Suites Franchising, Inc. EXHIBIT 1 RETURN OF SERVICE OF SUBPOENA 1, : delivered a copy of this subpoena to in person at ’ in County, Texas on 2022 at ‘clock __m, and tendered to the witness a fee of $ in cash. 1 , was unable to deliver a copy of this subpoena to for the following reasons: By Deputy: Sheriff/Constable , County, Texas By: Person authorized by law or written order of the trial court who has no interest in the lawsuit and is at least 18 years old. ACCEPTANCE OF SERVICE OF SUBPOENA BY WITNESS UNDER TEXAS RULE OF CIVIL PROCEDURE 176 l accept service of this subpoena. Witness Date Fee for service of Subpoena: $ EXHIBIT 1 EXHIBIT A I DEFINITIONS The following definitions are an integral part of these requests for documents, and they are applicable throughout: A The terms “document” and “documents” are to be construed broadly and are defined to be synonymous in meaning and equal in scope to the usage of such terms in Rule 192.3 of the Texas Rules of Civil Procedure. Such terms include, without limitation, any medium upon or by which information is or can be recorded, including but not limited to papers, books, letters, labels (and other identifying markings), e-mails, social media, electronically-stored information, facsimile transmissions, notes, drafts, diaries, reports, analyses, studies, invoices, promotional literature, sales literature, profit projections, computer generated information, audits, checks, bank statements, calendars, records, correspondence, memoranda, notebooks, photographs, pictures, diagrams, graphs, charts, drawings and sketches, non-written material such as videotapes, video recordings, audiotapes, tape recordings, CDs, and electronic and computer data compilations, translated, if indicated, into a reasonably usable format. B The terms “referring, 66 relating to,” and “concerning” include in whole or in part directly or indirectly, analyzing, containing, supporting, concerned with, connected with, dealing with, constituting, describing, relevant to or pertaining to the identified person, document or subject matter. c The terms “communicate” and “communication” mean every manner or means of disclosure, transfer, or exchange, and every disclosure, transfer, or exchange of information, whether made or accomplished orally or by document, whether face-to-face, by telephone, mail, telex, facsimile, electronic mail, personal delivery, social media, or otherwise without limitation. EXHIBIT 1 D. The term “photograph” includes all corresponding metadata. E The terms “person” and “persons” any natural person, individual, corporation, proprietorship, partnership, association, joint venture, limited liability company, trust, company, firm, or other form of legal entity, organization, or arrangement. F. The term “social media” includes any form of electronic communication through which users create online communities or relationships to share in-formation, ideas, personal messages, and other content—including, but not limited to, Facebook, Myspace, WhatsApp, Twitter, Instagram, Tumblr, Pinterest, Googlet+, LinkedIn, WeChat, Snapchat, Telegram, Reddit, YouTube, Venmo, Cash App, and Tik Tok. G “Activity Log” means any activity log, account history, or other data or generatable/downloadable report reflecting activity on a social media account. That includes, but is not limited to, data and outputs that are accessible by following guidance provided by Facebook, Instagram, and Snapchat at the following URLs, respectively: o Facebook | Find your Facebook activity log https://www.facebook.com/help/28906682779 1446 Instagram | See your Instagram account history https://help.instagram.com/46041 1108811350 Snapchat | How do I download my data from Snapchat, https://help.snapchat.com/he/en-us/articles/70 1230537 1156-How-do-I- download-my-data-from-Snapchat- H The word “all” includes “any”; the word “any” includes “all.” I The use of the terms “and,” “or,” and “and/or” should be construed conjunctively and disjunctively for the broadest possible meaning. EXHIBIT 1 J Whenever appropriate to bring within the scope of these requests information that could lead to the discovery of relevant evidence, the singular form of a word shall also mean the plural. IL. INSTRUCTIONS The following instructions apply to each request made herein. A To the extent materials requested are maintained in hard copy form, they may be scanned and produced in electronic format, as long as the electronic scan accurately reflects the complete contents of the hard copy document. B If the requested documents are maintained in a file, the file folder is to be included as part of the materials produced. Cc Electronically stored information shall be produced its native format. Alternatively, electronically stored information may be produced in the first instance in PDF or other readable format, provided that (i) the produced document accurately and completely reflects the contents of the electronically stored information, and (ii) the subpoenaing parties afterward may insist on the production of documents in native format insofar as they deem it necessary and/or appropriate. il. REQUESTS FOR DOCUMENTS Produce all documents and communications referring or relating to the shooting that occurred on or around April 11, 2021 on the premises of the hotel located at 7900 Brookriver Drive, Dallas, Texas 75247 (the “Hotel’’), as well as all events leading up to that incident. Produce all documents and communications sent to or received from the Dallas Police Department or the Dallas County District Attorney’s Office (or any other law enforcement or prosecutorial agency or government body), regarding, relating to, or in connection with the shooting that occurred at the Hotel on or around April 11, 2021. EXHIBIT 1 Produce all documents and communications reflecting who was present at the Hotel on April 11, 2021. Produce all of your communications from April 2021 onward with anyone who was present at Hotel on April 11, 2021. Produce all of your social media content, including any Activity Log reflecting or relating to such content, from April 10, 2021 through April 12, 2021. EXHIBIT 1 CAUSE NO. DC-21-04901 TONY EVANS, SR., and ARETHA EVANS, § IN THE DISTRICT COURT OF individually and on behalf of their minor son, § T.E., deceased, FAITH TANKSLEY on behalf of minor, T.E., III, individually and on behalfof his father T.E., deceased, and DEON WILLIAMS DALLAS COUNTY, TEXAS Plaintiffs, ae TASACOM REAL ESTATE, LLC, ET AL. Defendants. 162" JUDICIAL DISTRICT NOTICE OF INTENTION TO SUBPOENA AND TAKE DEPOSITION OF FAITH DOTSON TO: All counsel of record. Please take notice that Defendants Wyndham Hotels & Resorts, Inc., Wyndham Hotel Group, LLC, and Hawthorn Suites Franchising, Inc. intend to serve the accompanying subpoena duces tecum upon, and take the in-person oral deposition of, Faith Dotson. The deposition will begin at 1:00 p.m. on October 5, 2023 at the offices of DLA Piper LLP (US), 1900 N. Pearl St., Suite 2200, Dallas, Texas 75201. This deposition will be recorded by stenographic means by a certified court reporter or a digital reporter, and it may be videotaped. The deposition will be taken for purposes of discovery, for use as evidence at trial, and for any other permissible purpose under the applicable rules of civil procedure and evidence. [signature page follows] EXHIBIT 1 Dated: September 21, 2023 Respec