Preview
FILED
12/6/2023 4:55 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Jenifer Trujillo DEPUTY
CAUSE NO. DC-23-02885
CHARLES DAVID WOOD JR. AND § IN THE DISTRICT COURT
LOLA BRIDGETTE WOOD §
Plaintiffs, §
§
v. §
§ 134th JUDICIAL DISTRICT
BFS TEXAS SALES, LLC A/K/A §
BMC TEXAS SALES, LLC, BUILDERS §
FIRST SOURCE DALLAS, LLC §
SAWMILL PARTNERS LLC D/B/A §
RICHARDSON TIMBERS, RIDGEVIEW §
TIMBERWORKS LLC §
Defendants. § DALLAS COUNTY, TEXAS
PLAINTIFFS’ MOTION TO COMPEL DEPOSITION OF DESIGNATED
REPRESENTATIVE(S) OF DEFENDANT BFS TEXAS SALES, LLC
Plaintiffs Charles David Wood Jr. (“Dave”) and Lola Bridgette Wood (“Gidget”),
collectively known as the “Plaintiffs”, files this Plaintiffs’ Motion to Compel Deposition of
Corporate Representative of BFS Texas Sales, LLC (“BFS”) and, in support would
respectfully show the Court as follows:
1. This case is governed by a Level 3 Discovery Control Plan. TRCP
190.4
2. This lawsuit seeks damages for the failure and collapse of two
Plaza structures on the Plaintiffs’ property on Nov. 4, 2022 (the
evidence suggests the trusses failed and caused the Plaza
Structures to collapse or become structurally unsafe)
3. Plaintiffs paid $101,770 to BFS for the design, engineering, and
manufacturing of the trusses for the two Plaza structures.
Plaintiffs’ engineer who investigated the failure of the Plaza
structures determined the cross members of the trusses failed
because they were not manufactured and engineered correctly.
4. This case is set for jury trial on April 29, 2024, with fact discovery
closing on January 5, 2024.
PLAINTIFFS’ MOTION TO COMPEL DEPOSITION IN RESPONSE TO DEFENDANT BFS’S MOTION
TO QUASH CORPORATE REPRESENTATIVE(S) Page 1
INTRODUCTION
1. This is a construction defect case involving the collapse of an outdoor Plaza
Structure while it was under construction during a typical November rainstorm. The
structure collapsed because of defects in the timber roof trusses designed, engineered,
manufactured, provided by the Defendants for which they were collectively paid $101,770.
A second Plaza Structure became structurally unsafe because of the same defects and
ultimately had to be removed.
FACTUAL BACKGROUND
2. On November 15, 2023, Plaintiffs’ counsel sent an email to BFS’s attorney
requesting scheduling information for the deposition of a representative(s) in connection
with this matter.1 Counsel for the respective parties conducted a telephone conference
on November 16, 2023 and discussed the list of topics on which Plaintiffs intend to
examine such representative(s), which was subsequently followed by an email
communication from John Frick (“JMF”), counsel for Plaintiffs, providing a DRAFT
deposition notice outlining the topics to BFS’s attorney, Ian Mclin (“IM”). The attorneys
agreed to have a follow-up conversation on November 17, 2023 to discuss what dates the
witness (es) are available.2
3. On November 17, 2023, counsel for BFS sent an email to Plaintiffs’ attorney
stating that he would review the topics later that day or over the weekend and suggested
a telephone conference for November 20, 2023 to discuss. 3
1
See Exhibit A, 11.15.2023 – John Frick’s, (“JMF”) counsel for Plaintiffs email to Ian Mclin (“IM”), counsel for
BFS
2
See Exhibit B, 11.16.2023 – JMF email to IM with DRAFT deposition notice
3
See Exhibit C, 11.17.2023 – Email from IM to JMF
PLAINTIFFS’ MOTION TO COMPEL DEPOSITION IN RESPONSE TO DEFENDANT BFS’S MOTION
TO QUASH CORPORATE REPRESENTATIVE(S) Page 2
4. On November 20, 2023, counsel spoke but BFS requested an additional
week to secure dates from his client. On November 27, 2023, Plaintiffs’ counsel sent
another email to Maureen Purcell, IM’s paralegal in response to her request for additional
dates for Plaintiffs’ deposition and again Plaintiffs’ counsel requested any available dates
for the deposition of BFS’s designated representative.4 Plaintiffs’ counsel did not receive
a reply or have any further communications regarding the deposition of BFS’s designated
representative(s).
5. Therefore, on November 29, 2023, Plaintiffs served a Notice of Intention to
Take the Oral Deposition of Designated Representative(s) of Defendant BFS Texas Sales,
LLC on December 11, 2023.5 Plaintiffs offered that if the date was not convenient for
BFS’s designated representative(s), they were willing to reschedule it to a different date
on or before December 20, 2023 that all defense counsel was mutually agreeable to and
available.6
6. On December 4, 2023, JMF counsel for Plaintiffs requested that BFS
identify which individuals had been identified and which topics each will address, along
with the topics BFS has not yet been able to identify a representative to address and
offered to complete the depositions of those individuals on their portions of the deposition
topics and address the few remaining topics on a different date later in December.7
7. On December 4, 2023, Defendant BFS filed a Motion to Quash Plaintiffs’
Notice of Intent to Take Deposition of Designated Representative(s) of BFS Texas Sales,
4
See Exhibit D, 11.27.2023 – Email to Maureen Purcell re available dates
5
See Exhibit E, 11.29.2023 – Notice of Intention to Take Deposition of Designated Representative(s)
6
See Exhibit F, 11.29.2023 – JMF email to IM
7
See Exhibit G, 12.4.2023 – JMF email to IM re identifying witness and topics
PLAINTIFFS’ MOTION TO COMPEL DEPOSITION IN RESPONSE TO DEFENDANT BFS’S MOTION
TO QUASH CORPORATE REPRESENTATIVE(S) Page 3
LLC. (the “Motion”).8 In its Motion, BFS objected to all of the topics that Plaintiffs intend
to examine the designated representative(s) on, despite being provided a list of the topics
three weeks prior to Plaintiffs’ noticing BFS’s designated representative(s).9
8. BFS offers no explanation whatsoever why its representative(s) cannot be
available for a deposition and fails to provide any reasonable dates to take any of
identified representative(s)’s deposition.
9. BFS further failed to state a reasonable time and place in which the party
will comply.
ARGUMENT AND AUTHORITIES
10. A party may take the testimony of any person or entity by deposition on oral
examination. TEX. R. CIV. P. 199.1(a). Defendant BFS is a party and has knowledge of
relevant facts pertaining to this matter. If an organization is name as a witness, the notice
must describe with reasonable particularity the matters on which examination is
requested. TEX. R. CIV. P. 199.2(b)(1). Plaintiffs are unquestionable entitled to take the
deposition of the designated representative(s) of BFS in this case.
11. If party objections to the time and place for discovery, it must state a
reasonable time and place with which the party will comply. TEX. R. CIV. P.
192.6(a); see e.g. Grass v. Golden, 153 S.W.3d 659, 662 (Tex. App. – Tyler 2004, orig.
proceeding)(emphasis added).
12. Plaintiffs have been more than fair and cooperative in trying to work with
BFS and its attorney to schedule the deposition of BFS’s designated representative(s) at a
8
See Exhibit H, 12.04.2023 – MTQ BFS’Corp. Rep
9
See Exhibit I, 12.6.2023 – JMF email to IM re BFS’s objections to topics
PLAINTIFFS’ MOTION TO COMPEL DEPOSITION IN RESPONSE TO DEFENDANT BFS’S MOTION
TO QUASH CORPORATE REPRESENTATIVE(S) Page 4
reasonable and mutually convenient date and time. BFS, on the other hand, refuses to
act in good faith to schedule this deposition reasonably promptly and a reasonable
amount of time before the end of the discovery period.
13. In BFS’s Motion to Quash it objects to all of the fifty-one deposition topics
on which the designated representative(s) is expected to testify as follows: (i) the topics
are too numerous upon which a corporate representative can be adequately prepared, (ii)
the scope and breadth of topics is overbroad, and (iii) the proposed deposition is
unreasonably cumulative, and obtainable from some other source that is more
convenient, less burdensome, and less expensive sources, including requests for
production.
14. BFS was provided with a list of topics more than three weeks prior to
Plaintiffs’ Notice of Intention to Take Deposition of Corporate Representative.
15. In May 2023, Plaintiffs served their first request for production upon BFS.
BFS timely served its objections and response in June 2023. Defendant BFS’s discovery
responses were replete with boilerplate, evasive objections and incomplete discovery
responses in which Plaintiffs filed a motion to compel seeking a ruling on the numerous
boilerplate, prophylactic, and evasive objections made by BFS and seeking to compel the
production of the relevant, responsive information and discovery sought by Plaintiffs.
After this Court had ruled on BFS’s similar objections and non-responsive answers to
interrogatories, Plaintiffs’ counsel made the following suggestion which is incorporated
into this Court’s Order Regarding Plaintiffs’ Motion to Compel Defendant BFS Texas Sales
LLC to Respond to Plaintiffs’ Discovery:
The Court notes that after the Court had issued its ruling through Plaintiff
Charles David Wood, Jr.’s Interrogatory No. 9 that Plaintiffs’ counsel
PLAINTIFFS’ MOTION TO COMPEL DEPOSITION IN RESPONSE TO DEFENDANT BFS’S MOTION
TO QUASH CORPORATE REPRESENTATIVE(S) Page 5
suggested that Plaintiffs’ counsel confer With BFS’s counsel and attempt to
resolve the remaining interrogatories and requests for production of
documents in light of the Court’s discovery rulings on August 24, 2023.
BFS’s counsel agreed to confer with Plaintiffs’ counsel to resolve the
remaining items in dispute. The parties are advised that if they cannot
resolve the pending discovery disputes to reschedule a hearing with the
Court.
16 Counsel have since conferred and on November 30, 2023, BFS withdrew its
previous objections to individual RFP Nos. 1, 3-4, 6-32, 34-55, 57-79, 81-82, 85-89, and
91. BFS has not produced any additional documents in response to any of these individual
requests, but has identified by bates numbering which documents previously produced
BFS contends are responsive to each request or has stated that there are none in the
possession, custody, or control of BFS.
17. Plaintiffs served upon BFS a second request for production with ten new
individual categories of items requested. BFS made numerous objections to each of the
ten individual requests, and has wholly failed to produce a single responsive
document. Plaintiffs have filed their Second Motion to Compel Responses from
Defendant BFS Texas Sales, LLC on December 6, 2023.
18. BFS has been deliberately evasive and uncooperative in responding to
Plaintiffs’ Request for Production, which it contends would be a less expensive source to
obtain the information and continues this conduct in scheduling deposition(s) in this case
to the point that its conduct constitutes an abuse of the discovery process in resisting
discovery. See TEX. R. CIV. P. 215.3.
19. In accordance with Rule 215 of the Texas Rules of Civil Procedure, Plaintiffs
requests that this Court enter this Court may enter an order compelling discovery and
PLAINTIFFS’ MOTION TO COMPEL DEPOSITION IN RESPONSE TO DEFENDANT BFS’S MOTION
TO QUASH CORPORATE REPRESENTATIVE(S) Page 6
imposing just and appropriate sanctions upon BFS for its abuse of discovery. In the
circumstances of this case, Plaintiffs ask that the Court enter the following orders:
(1) An order compelling BFS to produce its designated representative(s) for
deposition within 7 days of considering this motion or at the soonest date
and time this Court deems reasonable;
(2) Plaintiffs ask that the unreasonable and untenable objections be overruled
and that Defendant BFS be compelled to produce a witness on these topics,
as requested; and
(3) An order awarding Plaintiffs their reasonable expenses including attorney
fees, resulting from their efforts to schedule the deposition of BFS’s
designated representatives(s) in this case.
PRAYER
Based upon the foregoing, Plaintiffs pray that this Court enter an order compelling
the deposition of BFS’s designated representative(s) and award Plaintiffs their reasonable
attorney fees up to $2500.00 as sanctions for having to file this Motion. Plaintiffs pray
for general relief.
Respectfully submitted,
/s/ John M. Frick
______________________
WILLIAM E. REID
State Bar No. 16748500
wreid@reiddennis.com
edocsnotifications@reiddennis.com
John M. Frick
State Bar No. 07455200
jfrick@reiddennis.com
REID DENNIS & FRICK, P.C.
2600 Dallas Parkway, Suite 380
Frisco, Texas 75034
Telephone: 214-618-1400
Facsimile: 214-618-1653
ATTORNEYS FOR PLAINTIFFS
CHARLES DAVID WOOD, JR. &
PLAINTIFFS’ MOTION TO COMPEL DEPOSITION IN RESPONSE TO DEFENDANT BFS’S MOTION
TO QUASH CORPORATE REPRESENTATIVE(S) Page 7
LOLA BRIDGETTE WOOD
CERTIFICATE OF CONFERENCE
Counsel for Plaintiffs and counsel for BFS have personally conducted numerous
telephone conferences and exchanged voluminous emails regarding the issues presented
in this motion and despite best efforts to resolve this discovery dispute without the
necessity of court intervention the parties been unable to resolve the issues.
/s/ John M. Frick
______________________________
JOHN M. FRICK
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Plaintiffs’ to Compel
Deposition of BFS’s Corporate Representative(s) has been served on the following
attorneys of record for via the court’s electronic filing system or via email on this __ day
of December, 2023:
Ian M. McLin Wesson H. Tribble
imclin@langleybanack.com wtribble@tribblelawfirm.com
LANGLEY & BANACK Dan McManus
745 E. Mulberry, Ste 900 dmcmanus@tribblelawfirm.com
San Antonio, TX 78212 Russell Hems
rhems@tribblelawfirm.com
Mark S. Senter Jimmy Smith
Cierra Norris Jsmith@tribblelawfirm.com
mail@rlattroneys.com TRIBBLE | ROSS
RESNICK & LOUIS, P.C. 6371 Richmond Ave.
2425 N. Central Ewy., Ste. 231 Houston, TX 77057
Richardson, TX 75080
/s/ John M. Frick
John M. Frick
PLAINTIFFS’ MOTION TO COMPEL DEPOSITION IN RESPONSE TO DEFENDANT BFS’S MOTION
TO QUASH CORPORATE REPRESENTATIVE(S) Page 8
Chandra Rodriguez
From: John Frick
Sent: Wednesday, November 15, 2023 3:05 PM
To: imclin@langleybanack.com
Subject: Wood.Winston Court (Builders First Source Dallas, LLC)
Mr. Mclin:
I have not received a return call from you in connection with my telephone call to your office.
We need to confer on your client's objections to Plaintiffs' requests for production and request for admissions. We
should be able to resolve most of your objections pretty quickly given the rulings previously made by the judge.
We also intend to take the deposition of a designated representative or representatives of your client in connection with
the above matter. Please provide a list of available dates before December 15, 2023, for such deposition to occur.
We also intend to set a hearing on our clients' objections to your client's motions to designate RTPs in this case. Please
provide a list of dates before December 15, 2023, when you or another attorney from your office is available for such a
hearing.
Please either reply to this email, or have your office otherwise contact me, with dates and times this week when you are
available to confer on these matters.
JOHN M. FRICK
[3~~ED"
Civil Trial Law
REIDDENNISFRICK
IM ACT
ATTORNEYS TM
A Professional Corporation/Attorneys and Counselors at Law
2600 Dallas Parkway, Suite 380 I Frisco, TX 75034 IP: 214.618.1400 IF: 214.618 .1653 I DD: 214.618.1604
jfrick@rc iddennis.comIwww.reiddennisfrick.com
CONFIDENTIALITY NOTICE: This e-mail message and any attached files are confidential and may be legally privileged. They
are meant for private use for the intended recipient(s) only. It is strictly prohibited for anyone to copy, forward, or distribute the
enclosed content. If you receive this message in error, please delete it with any attached file, immediately. Thank you.
1 A
Chandra Rodriguez
From: Ian M. Mclin
Sent: Wednesday, November 15, 2023 3:30 PM
To: John Frick
Cc: Maureen Purcell; Shawn Selvidge
Subject: RE: Wood .Winston Court (Builders First Source Dallas, LLC)
John,
I am in mediation at the moment. I can talk tomorrow morning or Friday. Thank you.
Ian Mclin
Shareholder
Langley & Banack, Incorporated
Attorneys and Counselors at Law
745 East Mulberry Avenue I Suite 700
San Antonio, TX 78212
Phone (210) 736-6600
Fax (210) 735-6889
website I vCard I linkedin I map I email
San Antonio I Carrizo Springs I Eagle Pass I Karnes City I Castroville I New Braunfels I Fredericksburg I Kerrville
I@ ::.i::--, ... ,-q.H<-,0,-,.......... - - - . r ... p----- . . 1,,. ...
This email may contain confidential and privileged material for the sole use of the intended recipient; any other use is prohibited. If you are not the intended
recipient, please contact the sender by reply email and delete all copies of this message.
From: John Frick
Sent: Wednesday, November 15, 2023 3:05 PM
To: Ian M. Mclin
Subject: Wood.Winston Court (Builders First Source Dallas, LLC)
Mr. Mclin:
I have not received a return call from you in connection with my telephone call to your office.
We need to confer on your client's objections to Plaintiffs' requests for production and request for admissions. We
should be able to resolve most of your objections pretty quickly given the rulings previously made by the judge.
We also intend to take the deposition of a designated representative or representatives of your client in connection with
the above matter. Please provide a list of available dates before December 15, 2023, for such deposition to occur.
We also intend to set a hearing on our clients' objections to your client's motions to designate RTPs in this case. Please
provide a list of dates before December 15, 2023, when you or another attorney from your office is available for such a
hearing.
1
Please either reply to this email, or have your office otherwise contact me, with dates and times this week when you are
available to confer on these matters.
JOHN M. FRICK
t:l ~tED.'
Civil Trial Law
REIDDENNISFRICK
Im ACT
ATTORNEYS TM
A Professional Corporation/Attorneys and Counselors at Law
2600 Dallas Parkway, Suite 380 I Frisco, TX 750341 P: 214.618.1400 IF: 214.618.1653 I DD: 214.618.1604
jfrick@ reiddennis.comIwww.reiddennisfrick.com
CONFIDENTIALITY NOTICE: This e-mail message and any attached files are confidential and may be legally privileged. They
are meant for private use for the intended recipient(s) only. It is strictly prohibited for anyone to copy, forward, or distribute the
enclosed content. If you receive this message in error, please delete it with any attached file, immediately. Thank you.
2
Chandra Rodriguez
From: John Frick
Sent: Thursday, November 16, 2023 4:54 PM
To: imclin@langleybanack.com
Cc: mpurcell@langleybanack.com
Subject: Wood .Winston Court
Attachments: Ntc of Depo Rep of BFS.docx
Ian :
In accordance with our telephone conversation today, I enclose a DRAFT deposition notice for your clients' designated
representative(s) with a list of the topic on which we intend to examine such representative(s). When we talk
tomorrow, you can let me know what dates you and the witness(es) are available.
I have reached out to the individuals who would like to depose and am getting dates for their depositions as well.
JOHN M. FRICK
B ~ i ED'
Civil Trial Law
REIDDENNISFRICK
IM&~ACT
ATTORNEYS TM
A Prof essional Corporation/Attorney and Counselors at Law
2600 Dalles Parkway uite380 I Frisco TX 75034 IP: 214.618.1 400 IF: 214.618.1653 I DD: 214.618.1604
jfricl .rei dde nn is.com I www .reicl clc no isfrick.com
CONFIDENTIALITY NOTICE: This e-mail message and any attached files are confidential and may be legally privileged. They
are meant for private use for the intended recipient(s) only. It is strictly prohibited for anyone to copy, forward, or distribute the
enclosed content. If you receive this message in error, please delete it with any attached file, immediately. Thank you.
1 B
Chandra Rodriguez
From: Ian M. Mclin
Sent: Friday, November 17, 2023 2:18 PM
To: John Frick
Cc: Maureen Purcell
Subject: RE: Wood.Winston Ct
Attachments: 20231116 Bella Estates Corp Rep Topics.docx
John,
I apologize for not getting to all of this today. I am in the office all day Monday. Can we talk at u:oo a.m. CST?
I will review the proposed order and corporate rep topics later today or over the weekend.
The proposed mediators are fine. Once we have dates for Jenevein, I will circulate to my client for input. In the
meantime, I will forward DeGroote's dates to the client for feedback.
Finally, I am attaching the proposed topics for Bella Estates.
Ian Mclin
Shareholder
Langley & Banack, Incorporated
Attorneys and Counselors at Law
745 East Mulberry Avenue J Suite 700
San Antonio, TX 78212
Phone (210) 736-6600
Fax (210) 735-6889
website I vCard I linkedin I map I email
San Antonio I Carrizo Springs I Eagle Pass I Karnes City I Castroville I New Braunfels I Fredericksburg I Kerrville
I [xJ ::=-·.. ·--~•-"••·--- •---w...t •...- ........ ~
This email may contain confidential and privileged material for the sole use of the intended recipient; any other use is prohibited. If you are not the intended
recipient, please contact the sender by reply email and delete all copies of this message.
From: John Frick
Sent: Thursday, November 16, 2023 5:34 PM
To: Ian M. Mclin
Cc: Maureen Purcell
Subject: Wood.Winston Ct
We can agree to mediate this case in-person with either Bob Jenevein or John DeGroote. We would also consider other
suggested mediators who can mediate this case in-person in the DFW area.
1
C
Mr. DeGroote provide his scheduling availability on his website at https://degrootepartners.com/schedule/ and has
some availability in early January
JOHN M. FRICK
B ~a'tlD'
Civil Trial Law
REIDDENNISFRICK
IM l\!,\l•~-cT
•• al~a
ATTORNEYS TM
A Professional Corporation/Attorneys and Counselors at Law
2600 Dallas Parkway, Suite 380 IFrisco, TX 750341 P: 214.618.1400 IF: 214.618.1653 I DD: 214.618.1604
jfrick@ reiddennis.com I www.rciddennisfrick.com
CONFIDENTIALITY NOTICE: This e-mail message and any attached files are confidential and may be legally privileged. They
are meant for private use for the intended recipient(s) only. It is strictly prohibited for anyone to copy, forward, or distribute the
enclosed content. If you receive this message in error, please delete it with any attached file, immediately. Thank you.
2
Chandra Rodriguez
From: John Frick
Sent: Monday, November 27, 2023 2:02 PM
To: Maureen Purcell; Jimmy Smith; msenter@rlattorneys.com;
dmcmanus@tribblelawfirm.com; Denise Gonzalez; Russell Hems; Cilvia Velasquez;
wtribble@tribblelawfirm.com; kingram@rlattorneys.com; hpolson@rlattorneys.com;
cnorris@rlattorneys.com
Cc: Abigail Tubbs; Chandra Rodriguez; William Reid; Ian M. Mclin; Ethan Bannister; Shawn
Selvidge
Subject: RE: Wood.Winston Court (depos)
Ms. Purcell:
In addition to the seven dates previously provided, the corporate representative of Bella Estates 1, Inc. (Andria Lai) is
also available December 19, 20, and 21.
I am checking with the Plaintiffs regarding their availability in addition to the 6-7 dates previously provided.
Meanwhile, I still have not received any available dates from your office for the deposition of your client's designated
representative(s) since asking for scheduling information November 15th . I am going to need to schedule that deposition
today or tomorrow, with or without your client's input. As with the depositions of the other Defendants' designated
representative(s), I will agree to reschedule, if necessary, to a different date on or before December 15, 2023, if it
become necessary for me to notice this deposition without your office having received a response from your client to
our previous request for scheduling information.
JOHN M. FRICK
r:l>BOARD
li:I--Cl!RTil'l ED'
Civil Trial Law
REIDDENNISFRICK
IMi~ACT
ATTORNEYS TM
A Professional Corporation/Attorneys and Counselors at Law
2600 Dallas Parkway, Suite 380 I Frisco, TX 750341 P: 214.618.1400 IF: 214.618.1653 I DD: 214.618.1604
jfr ick(@. reiddenni .com I www.reiddennisfrick.com
CONFIDENTIALITY NOTICE: This e-mail message and any attached files are confidential and may be legally privileged. They
are meant for private use for the intended recipient(s) only. It is strictly prohibited for anyone to copy, forward, or distribute the
enclosed content. If you receive this message in error, please delete it with any attached file, immediately. Thank you.
From: Maureen Purcell
Sent: Monday, November 27, 2023 12:58 PM
D
To: John Frick ; Jimmy Smith ; msenter@rlattorneys.com;
dmcmanus@tribblelawfirm.com; Denise Gonzalez ; Russell Hems
; Cilvia Velasquez ; wtribble@tribblelawfirm.com;
1
kingram@rlattorneys.com; hpolson@rlattorneys.com; cnorris@rlattorneys.com
Cc: Abigail Tubbs ; Chandra Rodriguez ; William Reid
; Ian M . Mclin ; Ethan Bannister
; Shawn Selvidge ; Maureen Purcell
Subject: RE: Wood.Winston Court (depos)
Counsel,
Will you please provide additional deposition dates for the Plaintiffs and the corporate representative of Bella Estates 1,
Inc. (Andria Lai)?
Additionally, please provide available deposition dates for Tanner Hunt.
Thank you.
Maureen Purcell
Paralegal to Ian M. Mclin
Langley & Banack, Incorporated
Attorneys and Counselors at Law
745 East Mulberry Avenue I Suite 700
San Antonio, TX 78212
Phone (210) 736-6600
Direct Dial (210) 253-7177
Fax (210) 735-6889
website I vCard I linkedin I map I email
San Antonio J Carrizo Springs I Eagle Pass I Karnes City I Castroville I New Braunfels I Fredericksburg I Kerrville
~
iiT MEftlTAs• LAW FIRMS WORLDWIDE
This email may contain confidential and priv ileged material for the sole use of the intended recipient; any other use is prohibited. If you are not the intended
recipient, please contact the sender by reply email and delete all copies of this message.
From: John Frick
Sent: Monday, November 20, 2023 9:38 AM
To: Ian M. Mclin ; Jimmy Smith ; msenter@rlattorneys.com;
dmcma nus@tri bblelaWfirm.com; Denise Gonzalez ; Russell Hems
; Cilvia Velasquez ; wtTib ble@tribblelawfi rm.com ;
kingram@rl attorneys.com ; hpolson@rlattorneys.com ; cnorris @rlattorneys.com ; Maureen Purcell
; Shawn Selvidge ; Ethan Bannister
Cc: Abigail Tubbs ; Chandra Rodriguez ; William Reid
Subject: RE: Wood.Winston Court
Counsel & Paralegals:
Ian Mclin has also requested dates for the deposition of a representative of Bella Estates 1, Inc. Andria Lai of Bella
Estates 1, Inc. is available for deposition live in our offices or via Zoom on the following dates: December 4, 5, 7, 8, 11,
12, and 14.
2
CAUSE NO. DC-23-02885
CHARLES DA YID WOOD JR. AND § IN THE DISTRJCT COURT
LOLA BRIDGETTE WOOD §
Plaint{ffs, §
§
V. §
§ 134th JUDICIAL DISTRICT
BFS TEXAS SALES, LLC A/KIA §
BMC TEXAS SALES, LLC, BUILDERS §
FIRST SOURCE DALLAS, LLC §
SAWMILL PARTNERS LLC D/B/A §
RJCHARDSON TIMBERS, RJDGEVIEW §
TIMBERWORKS LLC §
Defendants. § DALLASCOUNTY,TEXAS
PLAINTIFFS' NOTICE OF INTENTION TO TAKE
THE ORAL DEPOSITION OF DESIGNATED REPRESENTATIVE(S) OF
DEFENDANT BFS TEXAS SALES, L.L.C.
Pursuant to Rule 199 of the Texas Rules of Civil Procedure, you are hereby notified that
Plaintiffs Charles David Wood, Jr. and Lola Bridgette Wood intend to take the oral deposition of
the designated corporate representative(s) of Defendant BFS Texas Sales, L.L.C., at the offices of
Reid, Dennis & Frick P.C. located at 2600 Dallas Parkway, Suite 380, Frisco, Texas 75034 unless
a different location is subsequently mutually agreed upon by attorneys for Plaintiffs and Defendant
BFS Texas Sales, L.L.C. The deposition shall commence at 9:30 a.m. on Monday, December 11,
2023, and shall continue until completed.
Pursuant to Rule l 99 .2(b )(I) of the Texas Rules of Civi 1 Procedure, Plaintiffs states that
examination is requested on the matters described in Exhibit "A." BFS Texas Sales, L.L.C. is
directed to designate in writing the person or persons to testify on its behalf and, if you so des ire,
the matters on which each person designated will testify, as well as any objections to any of the
matters on which examination is requested, by no later than 5:00 o'clock p.m. on December 8,
PLAINTIFFS' NOTlCE OF INTENTION TOT AKE THE ORAL DEPOSITION OF DESIGNATED
REPRESENTATIVE(S) OF DEFENDANT BFS TEXAS SALES, L.L.C. - Page 1
E
2023. BFS Texas Sales, L.L.C. is further directed that the person or persons designated by you
shall appear before the officer at the time and place stated above for the purpose of testifying as to
matters that are known or reasonably available to BFS Texas Sales, L.L.C.
Respectfully submitted,
Isl William E. Reid
William E. Reid
State Bar No. 16748500
wreid@reiddennis.com
REID DENNIS FRICK P.C.
2600 Dallas Parkway, Suite 380
Frisco, TX 75034
Tel: (214) 618-1400
Fax: (214) 618-1653
ATTORNEY FOR PLAINTIFFS
CHARLES DAVID WOOD, JR. &
LOLA BRIDGETTE WOOD
PLAINTIFFS' NOTICE OF INTENTION TOT AKE THE ORAL DEPOSITION OF DESIGNATED
REPRESENTATIVE(S) OF DEFENDANT BFS TEXAS SALES, L.L.C. - Page 2
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Plaintiffs' Notice of Intention
to Take the Oral Deposition of Designated Representative(s) of Defendant BFS Texas Sales,
L.L.C. has been served on the following attorneys of record for via the court's electronic filing
system or via email on this 29 th day of November, 2023:
Ian M. McLin Wesson H. Tribble
imc Lin@langleybanack.com wtribble@tribblelawfirm.com
LANGLEY & BANACK DanMcManus
745 E. Mulberry, Ste 900 dmcmanus('mtribblelawfirm.com
San Antonio, TX 78212 Russell Hems
rhems/'mtribblelawfion.com
Mark S. Senter Jimmy Smith
Cierra Norris Jsmith@tt·ibblelawfirm.com
mai l@rlattroneys.com TRIBBLE I ROSS
RESNICK & LOUIS, P.C. 6371 Richmond Ave.
2425 N. Central Ewy., Ste. 231 Houston, TX 77057
Richardson, TX 75080
Isl William E. Reid
William E. Reid
PLAINTIFFS' NOTICE OF INTENTION TOT AKE THE ORAL DEPOSITION OF DESIGNATED
REPRESENTATIVE(S) OF DEFENDANT BFS TEXAS SALES, L.L.C. - Page 3
EXHIBIT "A"
Definitions
As used in this Notice, the following terms shall have the meaning set forth below:
"You," "Your," and "BFS" shall mean BFS Texas Sales, LLC f/k/a BMC Texas Sales
LLC, Builders First Source Dallas, LLC. and all of their agents, representatives, insurance carriers,
experts, investigators, consultants, employees, and attorneys.
"Sawmill" shall mean Defendant Sawmill Partners dba Richardson Timbers, and all of its
agents, representatives, insurance carriers, experts, investigators, consultants, employees, and
attorneys.
"Ridgeview" shall mean "Ridgeview Timberworks, LLC" and all of its agents,
representatives, insurance carriers, experts, investigators, consultants, employees, and attorneys.
"Bella" and/or "Bella Estates" shall mean "Bella Estates 1, Inc." and all of its agents,
representatives, insurance carriers, experts, investigators, consultants, employees, and attorneys.
"Peskuski Design" shall mean Peskuski Design Firm and Jay Peskuski and all of its agents,
representatives, insurance carriers, experts, investigators, consultants, employees, and attorneys.
"Skaggs Engineering" shall mean Matthew Skaggs and Skaggs Engineering and all of its
agents, representatives, insurance carriers, experts, investigators, consultants, employees, and
attorneys.
"Plaza Structures" shall mean the two Plaza Structures in the backyard of the Woods'
home located at 5518 Winston Court, Dallas, Texas 75220.
"Plaza Structure Project" shall mean the construction of two Plaza Structures in the
backyard of the Woods' home located at 5518 Winston Court, Dallas, Texas 75220.
"Incident" and "occurrence" refer to the events related to the failure and collapse of two
Plaza Structures on November 4, 2022, as more fully set forth in Plaintiffs' most recent Petition.
PLAINTIFFS' NOTICE OF INTENTION TOT AKE THE ORAL DEPOSITION OF DESIGNATED
REPRESENTATIVE(S) OF DEFENDANT BFS TEXAS SALES, L.L.C. - Page 4
MATTERS ON WHICH EXAMINATION IS REQUESTED
Unless otherwise stated, the time frame for which examination is requested is from January
1, 2020, to the present.
Examination is requested on the following matters:
I. All factual allegations made by BFS in each answer it has filed in this cause.
2. All factual allegations made by BFS in each motion for leave to designate a responsible
third party it has filed in this cause.
3. All facts stated in disclosures made by BFS pursuant to Rule 194 in this cause.
4. All facts stated in interrogatory answers made by BFS in this cause.
5. The factual basis supporting BFS's denial of any of Plaintiffs' Requests For Admission.
6. The business and organizational relationship between BFS and each of the following
entities: DeFord's, Builders First Source Dallas, L.L.C., Builders FirstSource, Inc., and
BMC Texas Sales, L.L.C.
7. All persons employed or contracted by You who provided goods or services relating to the
Plaza Structure Project, including the scope of authority and scope of work for each such
person.
8. The identity of each employee of BFS that worked on the Plaza Structure Project and the
work that was performed by each BFS employee on the Plaza Structure Project.
9. All goods and services provided by You for the Plaza Structure Project.
10. The procedures You followed for designing and engineering the trusses for the Plaza
Structure Project.
11. Your customary and usual procedures for designing and engineering roof trusses for
projects You consider to be substantially similar to the Plaza Structure Project.
12. The quality control procedures You had in place to ensure that the beams, rafters, and
trusses that You provided for the Plaza Structure Project were properly engineered and
capable of supporting the Plaza Structures without failing.
13. Your customary and usual quality control procedures to ensure that beams, rafters, and
trusses that You provide for projects You consider to be substantially similar to the Plaza
Structure Project are properly engineered and capable of supporting the structure without
failing.
PLAINTIFFS' NOTICE OF INTENTION TOT AKE THE ORAL DEPOSITION OF DESIGNATED
REPRESENTATIVE(S) OF DEFENDANT BFS TEXAS SALES, L.L.C. - Page 5
14. All representations You made to Plaintiffs, Truett Hunt and/or Bella regarding the beams,
rafters, and trusses that You provided for the Plaza Structure Project.
15. All representations You generally made to the public in Your marketing material regarding
beams, rafters, and trusses that You provide for projects You consider to be substantially
similar to the Plaza Structure Project.
16. Any evaluation or determination You have made as to the cause of the failure and/or
collapse of the Plaza Structures.
17. The acts or omissions You contend caused the failure and/or collapse of the Plaza
Structures.
18. The substance of any condition precedent which You contend has not occurred.
19. The substance of any condition precedent which You contend Plaintiffs have not
performed.
20. "The governing warranty provisions" to which You refer on page 3 of Defendant BFS
Texas Sales, LLC f/k/a BMC Texas Sales LLC, incorrectly sued as Builders First Source
Dallas' Third Amended Answer.
21. The "generally accepted industry standards and practices" to which You refer on page 4 of
Defendant BFS Texas Sales, LLC f/k/a BMC Texas Sales LLC, incorrectly sued as
Builders First Source Dallas' Third Amended Answer.
22. The content of Your website, particularly as it pertains to truss packages, from February
25, 2022, through October 13, 2023, including the reason for any changes made during that
time period.
23. Your business policy, if any, of thoroughly engineering and constructing with the greatest
accuracy each truss package delivered to a jobsite to ensure a timely, hassle-free
installation as any such policy existed from February 25, 2022, and October 13, 2023,
including the reason for any changes made during that time period.
24. Your business relationship with Ridgeview and the communications between You and
Ridgeview regarding the Plaza Structure Project.
25. Your business relationship with Sawmill and the communications between You and
Sawmill regarding the Plaza Structure Project.
26. Your business relationship with Skaggs Engineering and the communications between You
and Skaggs Engineering regarding the Plaza Structure Project.
PLAINTIFFS' NOTICE OF INTENTION TOT AKE THE ORAL DEPOSITION OF DESIGNATED
REPRESENTATIVE(S) OF DEFENDANT BFS TEXAS SALES, L.L.C. - Page 6
27. Your business relationship with Peskuski Design and the communications between You
and Peskuski Design regarding the Plaza Structure Project.
28. Any review and analysis performed by BFS with the drawings BFS was provided that were
created by Skaggs Engineering and Peskuski Design.
29. Your business relationship with RTP Structural, P.L.L.C. and the communications between
You and RTP Structural, P.L.L.C. regarding the Plaza Structure Project
30. Your business relationship with Ralph Trent Perkins and the communications between you
and Ralph Trent Perkins regarding the Plaza Structure Project.
31. All documents You received concerning the Plaza Structure Project.
32. Your truss review process, if any.
33. How You make sure that truss packages delivered to ajobsite have been engineered.
34. Under what circumstances You provide truss packages produced with a set of engineering
plans or drawings bearing the signature or seal of a licensed professional engineer.
35. Why the truss packages You provided for the Plaza Structure Project included materials
for four trusses instead of six trusses.
36. Why the trusses You provided for the Plaza Structure Project did not have pre-cut rafter
tails.
3 7. Any communications You had with anyone warning of any potential danger presented by
cutting the rafter tails of the trusses for the Plaza Structure Project.
3 8. Whether You ever had a set of engineering plans or drawings bearing the signature or seal
of a licensed professional engineer for the trusses You provided for the Plaza Structure
Project.
39. Why the seat cut of the trusses You provided for the Plaza Structure Project were not cut
properly.
40. Any communications You had with anyone warning of any potential danger presented by
cutting the seat cuts of the trusses for the Plaza Structure Project deeper.
41. The identity of BFS's customer that purchased the trusses, beams and rafters for the Plaza
Structure Project, the terms of such contract, and who received direct benefits from such
contract.
PLAINTIFFS' NOTICE OF INTENTION TOT AKE THE ORAL DEPOSITION OF DESIGNATED
REPRESENTATlVE(S) OF DEFENDANT BFS TEXAS SALES, L.L.C. - Page 7
42. The date You received each of Plaintiffs' requests for production in this case, what
diligence You used to locate responsive material, what files and electronically stored
information you searched for responsive material, and what items You located.
43. Where and how You store files and electronic information similar to the items requested
in Plaintiffs' requests for production in this case.
44. Your policy for saving email communications, including the emails of employee Emilio
Cantu.
45. What happened to Emlio Cantu's emails regarding the Plaza Structure Project and BFS has
failed to produce all of Mr. Cantu's emails.
46. What happened to Deford's file information pertaining to the trusses, beams and rafters
that were sold for the Plaza Structure Project and why You have not produced those
documents.
47. The contents and materials contained in DeFord's Estimate, bates stamped SAWMILL
000040 and Exhibit 6 of Emilio Cantu's Deposition and why BFS has not previously
produced the Estimate in response to Plaintiffs requests for production of documents.
48. Contracts between You and Sawmill that govern the transaction involving the trusses,
beams and rafters for the Plaza Structure Project.
49. Contracts between You and Ridgeview that govern the transaction involving the trusses,
beams and rafters for the Plaza Structure Project.
50. Who made the decision to change the order from 6 trusses to 4 trusses and why the number
of trusses ordered was changed from 6 trusses to 4 trusses for the Plaza Structure Project.
51. BFS' document retention program for saving estimates, emails and contracts.
PLAINTIFFS' NOTICE OF INTENTION TOT AKE THE ORAL DEPOSITION OF DESIGNATED
REPRESENTATIVE(S) OF DEFENDANT BFS TEXAS SALES, L.L.C. - Page 8
Chandra Rodriguez
From: John Frick
Sent: Wednesday, November 29, 2023 11 :49 AM
To: Jimmy Smith; wtribble@tribblelawfirm.com; Russell Hems; Cilvia Velasquez; Denise
Gonzalez; dmcmanus@tribblelawfirm.com
Cc: imclin@langleybanack.com; msenter@rlattorneys.com; kingram@rlattorneys.com;
hpolson@rlattorneys.com; cnorris@rlattorneys.com; Maureen Purcell; Shawn Selvidge;
William Reid; Abigail Tubbs
Subject: RE: Wood.Winston Court
Attachments: Ntc of Depo Rep of BFS.docx
Counsel:
I
Preview
FILED 12/6/2023 4:55 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Jenifer Trujillo DEPUTY CAUSE NO. DC-23-02885 CHARLES DAVID WOOD JR. AND § IN THE DISTRICT COURT LOLA BRIDGETTE WOOD § Plaintiffs, § § v. § § 134th JUDICIAL DISTRICT BFS TEXAS SALES, LLC A/K/A § BMC TEXAS SALES, LLC, BUILDERS § FIRST SOURCE DALLAS, LLC § SAWMILL PARTNERS LLC D/B/A § RICHARDSON TIMBERS, RIDGEVIEW § TIMBERWORKS LLC § Defendants. § DALLAS COUNTY, TEXAS PLAINTIFFS’ MOTION TO COMPEL DEPOSITION OF DESIGNATED REPRESENTATIVE(S) OF DEFENDANT BFS TEXAS SALES, LLC Plaintiffs Charles David Wood Jr. (“Dave”) and Lola Bridgette Wood (“Gidget”), collectively known as the “Plaintiffs”, files this Plaintiffs’ Motion to Compel Deposition of Corporate Representative of BFS Texas Sales, LLC (“BFS”) and, in support would respectfully show the Court as follows: 1. This case is governed by a Level 3 Discovery Control Plan. TRCP 190.4 2. This lawsuit seeks damages for the failure and collapse of two Plaza structures on the Plaintiffs’ property on Nov. 4, 2022 (the evidence suggests the trusses failed and caused the Plaza Structures to collapse or become structurally unsafe) 3. Plaintiffs paid $101,770 to BFS for the design, engineering, and manufacturing of the trusses for the two Plaza structures. Plaintiffs’ engineer who investigated the failure of the Plaza structures determined the cross members of the trusses failed because they were not manufactured and engineered correctly. 4. This case is set for jury trial on April 29, 2024, with fact discovery closing on January 5, 2024. PLAINTIFFS’ MOTION TO COMPEL DEPOSITION IN RESPONSE TO DEFENDANT BFS’S MOTION TO QUASH CORPORATE REPRESENTATIVE(S) Page 1 INTRODUCTION 1. This is a construction defect case involving the collapse of an outdoor Plaza Structure while it was under construction during a typical November rainstorm. The structure collapsed because of defects in the timber roof trusses designed, engineered, manufactured, provided by the Defendants for which they were collectively paid $101,770. A second Plaza Structure became structurally unsafe because of the same defects and ultimately had to be removed. FACTUAL BACKGROUND 2. On November 15, 2023, Plaintiffs’ counsel sent an email to BFS’s attorney requesting scheduling information for the deposition of a representative(s) in connection with this matter.1 Counsel for the respective parties conducted a telephone conference on November 16, 2023 and discussed the list of topics on which Plaintiffs intend to examine such representative(s), which was subsequently followed by an email communication from John Frick (“JMF”), counsel for Plaintiffs, providing a DRAFT deposition notice outlining the topics to BFS’s attorney, Ian Mclin (“IM”). The attorneys agreed to have a follow-up conversation on November 17, 2023 to discuss what dates the witness (es) are available.2 3. On November 17, 2023, counsel for BFS sent an email to Plaintiffs’ attorney stating that he would review the topics later that day or over the weekend and suggested a telephone conference for November 20, 2023 to discuss. 3 1 See Exhibit A, 11.15.2023 – John Frick’s, (“JMF”) counsel for Plaintiffs email to Ian Mclin (“IM”), counsel for BFS 2 See Exhibit B, 11.16.2023 – JMF email to IM with DRAFT deposition notice 3 See Exhibit C, 11.17.2023 – Email from IM to JMF PLAINTIFFS’ MOTION TO COMPEL DEPOSITION IN RESPONSE TO DEFENDANT BFS’S MOTION TO QUASH CORPORATE REPRESENTATIVE(S) Page 2 4. On November 20, 2023, counsel spoke but BFS requested an additional week to secure dates from his client. On November 27, 2023, Plaintiffs’ counsel sent another email to Maureen Purcell, IM’s paralegal in response to her request for additional dates for Plaintiffs’ deposition and again Plaintiffs’ counsel requested any available dates for the deposition of BFS’s designated representative.4 Plaintiffs’ counsel did not receive a reply or have any further communications regarding the deposition of BFS’s designated representative(s). 5. Therefore, on November 29, 2023, Plaintiffs served a Notice of Intention to Take the Oral Deposition of Designated Representative(s) of Defendant BFS Texas Sales, LLC on December 11, 2023.5 Plaintiffs offered that if the date was not convenient for BFS’s designated representative(s), they were willing to reschedule it to a different date on or before December 20, 2023 that all defense counsel was mutually agreeable to and available.6 6. On December 4, 2023, JMF counsel for Plaintiffs requested that BFS identify which individuals had been identified and which topics each will address, along with the topics BFS has not yet been able to identify a representative to address and offered to complete the depositions of those individuals on their portions of the deposition topics and address the few remaining topics on a different date later in December.7 7. On December 4, 2023, Defendant BFS filed a Motion to Quash Plaintiffs’ Notice of Intent to Take Deposition of Designated Representative(s) of BFS Texas Sales, 4 See Exhibit D, 11.27.2023 – Email to Maureen Purcell re available dates 5 See Exhibit E, 11.29.2023 – Notice of Intention to Take Deposition of Designated Representative(s) 6 See Exhibit F, 11.29.2023 – JMF email to IM 7 See Exhibit G, 12.4.2023 – JMF email to IM re identifying witness and topics PLAINTIFFS’ MOTION TO COMPEL DEPOSITION IN RESPONSE TO DEFENDANT BFS’S MOTION TO QUASH CORPORATE REPRESENTATIVE(S) Page 3 LLC. (the “Motion”).8 In its Motion, BFS objected to all of the topics that Plaintiffs intend to examine the designated representative(s) on, despite being provided a list of the topics three weeks prior to Plaintiffs’ noticing BFS’s designated representative(s).9 8. BFS offers no explanation whatsoever why its representative(s) cannot be available for a deposition and fails to provide any reasonable dates to take any of identified representative(s)’s deposition. 9. BFS further failed to state a reasonable time and place in which the party will comply. ARGUMENT AND AUTHORITIES 10. A party may take the testimony of any person or entity by deposition on oral examination. TEX. R. CIV. P. 199.1(a). Defendant BFS is a party and has knowledge of relevant facts pertaining to this matter. If an organization is name as a witness, the notice must describe with reasonable particularity the matters on which examination is requested. TEX. R. CIV. P. 199.2(b)(1). Plaintiffs are unquestionable entitled to take the deposition of the designated representative(s) of BFS in this case. 11. If party objections to the time and place for discovery, it must state a reasonable time and place with which the party will comply. TEX. R. CIV. P. 192.6(a); see e.g. Grass v. Golden, 153 S.W.3d 659, 662 (Tex. App. – Tyler 2004, orig. proceeding)(emphasis added). 12. Plaintiffs have been more than fair and cooperative in trying to work with BFS and its attorney to schedule the deposition of BFS’s designated representative(s) at a 8 See Exhibit H, 12.04.2023 – MTQ BFS’Corp. Rep 9 See Exhibit I, 12.6.2023 – JMF email to IM re BFS’s objections to topics PLAINTIFFS’ MOTION TO COMPEL DEPOSITION IN RESPONSE TO DEFENDANT BFS’S MOTION TO QUASH CORPORATE REPRESENTATIVE(S) Page 4 reasonable and mutually convenient date and time. BFS, on the other hand, refuses to act in good faith to schedule this deposition reasonably promptly and a reasonable amount of time before the end of the discovery period. 13. In BFS’s Motion to Quash it objects to all of the fifty-one deposition topics on which the designated representative(s) is expected to testify as follows: (i) the topics are too numerous upon which a corporate representative can be adequately prepared, (ii) the scope and breadth of topics is overbroad, and (iii) the proposed deposition is unreasonably cumulative, and obtainable from some other source that is more convenient, less burdensome, and less expensive sources, including requests for production. 14. BFS was provided with a list of topics more than three weeks prior to Plaintiffs’ Notice of Intention to Take Deposition of Corporate Representative. 15. In May 2023, Plaintiffs served their first request for production upon BFS. BFS timely served its objections and response in June 2023. Defendant BFS’s discovery responses were replete with boilerplate, evasive objections and incomplete discovery responses in which Plaintiffs filed a motion to compel seeking a ruling on the numerous boilerplate, prophylactic, and evasive objections made by BFS and seeking to compel the production of the relevant, responsive information and discovery sought by Plaintiffs. After this Court had ruled on BFS’s similar objections and non-responsive answers to interrogatories, Plaintiffs’ counsel made the following suggestion which is incorporated into this Court’s Order Regarding Plaintiffs’ Motion to Compel Defendant BFS Texas Sales LLC to Respond to Plaintiffs’ Discovery: The Court notes that after the Court had issued its ruling through Plaintiff Charles David Wood, Jr.’s Interrogatory No. 9 that Plaintiffs’ counsel PLAINTIFFS’ MOTION TO COMPEL DEPOSITION IN RESPONSE TO DEFENDANT BFS’S MOTION TO QUASH CORPORATE REPRESENTATIVE(S) Page 5 suggested that Plaintiffs’ counsel confer With BFS’s counsel and attempt to resolve the remaining interrogatories and requests for production of documents in light of the Court’s discovery rulings on August 24, 2023. BFS’s counsel agreed to confer with Plaintiffs’ counsel to resolve the remaining items in dispute. The parties are advised that if they cannot resolve the pending discovery disputes to reschedule a hearing with the Court. 16 Counsel have since conferred and on November 30, 2023, BFS withdrew its previous objections to individual RFP Nos. 1, 3-4, 6-32, 34-55, 57-79, 81-82, 85-89, and 91. BFS has not produced any additional documents in response to any of these individual requests, but has identified by bates numbering which documents previously produced BFS contends are responsive to each request or has stated that there are none in the possession, custody, or control of BFS. 17. Plaintiffs served upon BFS a second request for production with ten new individual categories of items requested. BFS made numerous objections to each of the ten individual requests, and has wholly failed to produce a single responsive document. Plaintiffs have filed their Second Motion to Compel Responses from Defendant BFS Texas Sales, LLC on December 6, 2023. 18. BFS has been deliberately evasive and uncooperative in responding to Plaintiffs’ Request for Production, which it contends would be a less expensive source to obtain the information and continues this conduct in scheduling deposition(s) in this case to the point that its conduct constitutes an abuse of the discovery process in resisting discovery. See TEX. R. CIV. P. 215.3. 19. In accordance with Rule 215 of the Texas Rules of Civil Procedure, Plaintiffs requests that this Court enter this Court may enter an order compelling discovery and PLAINTIFFS’ MOTION TO COMPEL DEPOSITION IN RESPONSE TO DEFENDANT BFS’S MOTION TO QUASH CORPORATE REPRESENTATIVE(S) Page 6 imposing just and appropriate sanctions upon BFS for its abuse of discovery. In the circumstances of this case, Plaintiffs ask that the Court enter the following orders: (1) An order compelling BFS to produce its designated representative(s) for deposition within 7 days of considering this motion or at the soonest date and time this Court deems reasonable; (2) Plaintiffs ask that the unreasonable and untenable objections be overruled and that Defendant BFS be compelled to produce a witness on these topics, as requested; and (3) An order awarding Plaintiffs their reasonable expenses including attorney fees, resulting from their efforts to schedule the deposition of BFS’s designated representatives(s) in this case. PRAYER Based upon the foregoing, Plaintiffs pray that this Court enter an order compelling the deposition of BFS’s designated representative(s) and award Plaintiffs their reasonable attorney fees up to $2500.00 as sanctions for having to file this Motion. Plaintiffs pray for general relief. Respectfully submitted, /s/ John M. Frick ______________________ WILLIAM E. REID State Bar No. 16748500 wreid@reiddennis.com edocsnotifications@reiddennis.com John M. Frick State Bar No. 07455200 jfrick@reiddennis.com REID DENNIS & FRICK, P.C. 2600 Dallas Parkway, Suite 380 Frisco, Texas 75034 Telephone: 214-618-1400 Facsimile: 214-618-1653 ATTORNEYS FOR PLAINTIFFS CHARLES DAVID WOOD, JR. & PLAINTIFFS’ MOTION TO COMPEL DEPOSITION IN RESPONSE TO DEFENDANT BFS’S MOTION TO QUASH CORPORATE REPRESENTATIVE(S) Page 7 LOLA BRIDGETTE WOOD CERTIFICATE OF CONFERENCE Counsel for Plaintiffs and counsel for BFS have personally conducted numerous telephone conferences and exchanged voluminous emails regarding the issues presented in this motion and despite best efforts to resolve this discovery dispute without the necessity of court intervention the parties been unable to resolve the issues. /s/ John M. Frick ______________________________ JOHN M. FRICK CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Plaintiffs’ to Compel Deposition of BFS’s Corporate Representative(s) has been served on the following attorneys of record for via the court’s electronic filing system or via email on this __ day of December, 2023: Ian M. McLin Wesson H. Tribble imclin@langleybanack.com wtribble@tribblelawfirm.com LANGLEY & BANACK Dan McManus 745 E. Mulberry, Ste 900 dmcmanus@tribblelawfirm.com San Antonio, TX 78212 Russell Hems rhems@tribblelawfirm.com Mark S. Senter Jimmy Smith Cierra Norris Jsmith@tribblelawfirm.com mail@rlattroneys.com TRIBBLE | ROSS RESNICK & LOUIS, P.C. 6371 Richmond Ave. 2425 N. Central Ewy., Ste. 231 Houston, TX 77057 Richardson, TX 75080 /s/ John M. Frick John M. Frick PLAINTIFFS’ MOTION TO COMPEL DEPOSITION IN RESPONSE TO DEFENDANT BFS’S MOTION TO QUASH CORPORATE REPRESENTATIVE(S) Page 8 Chandra Rodriguez From: John Frick Sent: Wednesday, November 15, 2023 3:05 PM To: imclin@langleybanack.com Subject: Wood.Winston Court (Builders First Source Dallas, LLC) Mr. Mclin: I have not received a return call from you in connection with my telephone call to your office. We need to confer on your client's objections to Plaintiffs' requests for production and request for admissions. We should be able to resolve most of your objections pretty quickly given the rulings previously made by the judge. We also intend to take the deposition of a designated representative or representatives of your client in connection with the above matter. Please provide a list of available dates before December 15, 2023, for such deposition to occur. We also intend to set a hearing on our clients' objections to your client's motions to designate RTPs in this case. Please provide a list of dates before December 15, 2023, when you or another attorney from your office is available for such a hearing. Please either reply to this email, or have your office otherwise contact me, with dates and times this week when you are available to confer on these matters. JOHN M. FRICK [3~~ED" Civil Trial Law REIDDENNISFRICK IM ACT ATTORNEYS TM A Professional Corporation/Attorneys and Counselors at Law 2600 Dallas Parkway, Suite 380 I Frisco, TX 75034 IP: 214.618.1400 IF: 214.618 .1653 I DD: 214.618.1604 jfrick@rc iddennis.comIwww.reiddennisfrick.com CONFIDENTIALITY NOTICE: This e-mail message and any attached files are confidential and may be legally privileged. They are meant for private use for the intended recipient(s) only. It is strictly prohibited for anyone to copy, forward, or distribute the enclosed content. If you receive this message in error, please delete it with any attached file, immediately. Thank you. 1 A Chandra Rodriguez From: Ian M. Mclin Sent: Wednesday, November 15, 2023 3:30 PM To: John Frick Cc: Maureen Purcell; Shawn Selvidge Subject: RE: Wood .Winston Court (Builders First Source Dallas, LLC) John, I am in mediation at the moment. I can talk tomorrow morning or Friday. Thank you. Ian Mclin Shareholder Langley & Banack, Incorporated Attorneys and Counselors at Law 745 East Mulberry Avenue I Suite 700 San Antonio, TX 78212 Phone (210) 736-6600 Fax (210) 735-6889 website I vCard I linkedin I map I email San Antonio I Carrizo Springs I Eagle Pass I Karnes City I Castroville I New Braunfels I Fredericksburg I Kerrville I@ ::.i::--, ... ,-q.H<-,0,-,.......... - - - . r ... p----- . . 1,,. ... This email may contain confidential and privileged material for the sole use of the intended recipient; any other use is prohibited. If you are not the intended recipient, please contact the sender by reply email and delete all copies of this message. From: John Frick Sent: Wednesday, November 15, 2023 3:05 PM To: Ian M. Mclin Subject: Wood.Winston Court (Builders First Source Dallas, LLC) Mr. Mclin: I have not received a return call from you in connection with my telephone call to your office. We need to confer on your client's objections to Plaintiffs' requests for production and request for admissions. We should be able to resolve most of your objections pretty quickly given the rulings previously made by the judge. We also intend to take the deposition of a designated representative or representatives of your client in connection with the above matter. Please provide a list of available dates before December 15, 2023, for such deposition to occur. We also intend to set a hearing on our clients' objections to your client's motions to designate RTPs in this case. Please provide a list of dates before December 15, 2023, when you or another attorney from your office is available for such a hearing. 1 Please either reply to this email, or have your office otherwise contact me, with dates and times this week when you are available to confer on these matters. JOHN M. FRICK t:l ~tED.' Civil Trial Law REIDDENNISFRICK Im ACT ATTORNEYS TM A Professional Corporation/Attorneys and Counselors at Law 2600 Dallas Parkway, Suite 380 I Frisco, TX 750341 P: 214.618.1400 IF: 214.618.1653 I DD: 214.618.1604 jfrick@ reiddennis.comIwww.reiddennisfrick.com CONFIDENTIALITY NOTICE: This e-mail message and any attached files are confidential and may be legally privileged. They are meant for private use for the intended recipient(s) only. It is strictly prohibited for anyone to copy, forward, or distribute the enclosed content. If you receive this message in error, please delete it with any attached file, immediately. Thank you. 2 Chandra Rodriguez From: John Frick Sent: Thursday, November 16, 2023 4:54 PM To: imclin@langleybanack.com Cc: mpurcell@langleybanack.com Subject: Wood .Winston Court Attachments: Ntc of Depo Rep of BFS.docx Ian : In accordance with our telephone conversation today, I enclose a DRAFT deposition notice for your clients' designated representative(s) with a list of the topic on which we intend to examine such representative(s). When we talk tomorrow, you can let me know what dates you and the witness(es) are available. I have reached out to the individuals who would like to depose and am getting dates for their depositions as well. JOHN M. FRICK B ~ i ED' Civil Trial Law REIDDENNISFRICK IM&~ACT ATTORNEYS TM A Prof essional Corporation/Attorney and Counselors at Law 2600 Dalles Parkway uite380 I Frisco TX 75034 IP: 214.618.1 400 IF: 214.618.1653 I DD: 214.618.1604 jfricl .rei dde nn is.com I www .reicl clc no isfrick.com CONFIDENTIALITY NOTICE: This e-mail message and any attached files are confidential and may be legally privileged. They are meant for private use for the intended recipient(s) only. It is strictly prohibited for anyone to copy, forward, or distribute the enclosed content. If you receive this message in error, please delete it with any attached file, immediately. Thank you. 1 B Chandra Rodriguez From: Ian M. Mclin Sent: Friday, November 17, 2023 2:18 PM To: John Frick Cc: Maureen Purcell Subject: RE: Wood.Winston Ct Attachments: 20231116 Bella Estates Corp Rep Topics.docx John, I apologize for not getting to all of this today. I am in the office all day Monday. Can we talk at u:oo a.m. CST? I will review the proposed order and corporate rep topics later today or over the weekend. The proposed mediators are fine. Once we have dates for Jenevein, I will circulate to my client for input. In the meantime, I will forward DeGroote's dates to the client for feedback. Finally, I am attaching the proposed topics for Bella Estates. Ian Mclin Shareholder Langley & Banack, Incorporated Attorneys and Counselors at Law 745 East Mulberry Avenue J Suite 700 San Antonio, TX 78212 Phone (210) 736-6600 Fax (210) 735-6889 website I vCard I linkedin I map I email San Antonio I Carrizo Springs I Eagle Pass I Karnes City I Castroville I New Braunfels I Fredericksburg I Kerrville I [xJ ::=-·.. ·--~•-"••·--- •---w...t •...- ........ ~ This email may contain confidential and privileged material for the sole use of the intended recipient; any other use is prohibited. If you are not the intended recipient, please contact the sender by reply email and delete all copies of this message. From: John Frick Sent: Thursday, November 16, 2023 5:34 PM To: Ian M. Mclin Cc: Maureen Purcell Subject: Wood.Winston Ct We can agree to mediate this case in-person with either Bob Jenevein or John DeGroote. We would also consider other suggested mediators who can mediate this case in-person in the DFW area. 1 C Mr. DeGroote provide his scheduling availability on his website at https://degrootepartners.com/schedule/ and has some availability in early January JOHN M. FRICK B ~a'tlD' Civil Trial Law REIDDENNISFRICK IM l\!,\l•~-cT •• al~a ATTORNEYS TM A Professional Corporation/Attorneys and Counselors at Law 2600 Dallas Parkway, Suite 380 IFrisco, TX 750341 P: 214.618.1400 IF: 214.618.1653 I DD: 214.618.1604 jfrick@ reiddennis.com I www.rciddennisfrick.com CONFIDENTIALITY NOTICE: This e-mail message and any attached files are confidential and may be legally privileged. They are meant for private use for the intended recipient(s) only. It is strictly prohibited for anyone to copy, forward, or distribute the enclosed content. If you receive this message in error, please delete it with any attached file, immediately. Thank you. 2 Chandra Rodriguez From: John Frick Sent: Monday, November 27, 2023 2:02 PM To: Maureen Purcell; Jimmy Smith; msenter@rlattorneys.com; dmcmanus@tribblelawfirm.com; Denise Gonzalez; Russell Hems; Cilvia Velasquez; wtribble@tribblelawfirm.com; kingram@rlattorneys.com; hpolson@rlattorneys.com; cnorris@rlattorneys.com Cc: Abigail Tubbs; Chandra Rodriguez; William Reid; Ian M. Mclin; Ethan Bannister; Shawn Selvidge Subject: RE: Wood.Winston Court (depos) Ms. Purcell: In addition to the seven dates previously provided, the corporate representative of Bella Estates 1, Inc. (Andria Lai) is also available December 19, 20, and 21. I am checking with the Plaintiffs regarding their availability in addition to the 6-7 dates previously provided. Meanwhile, I still have not received any available dates from your office for the deposition of your client's designated representative(s) since asking for scheduling information November 15th . I am going to need to schedule that deposition today or tomorrow, with or without your client's input. As with the depositions of the other Defendants' designated representative(s), I will agree to reschedule, if necessary, to a different date on or before December 15, 2023, if it become necessary for me to notice this deposition without your office having received a response from your client to our previous request for scheduling information. JOHN M. FRICK r:l>BOARD li:I--Cl!RTil'l ED' Civil Trial Law REIDDENNISFRICK IMi~ACT ATTORNEYS TM A Professional Corporation/Attorneys and Counselors at Law 2600 Dallas Parkway, Suite 380 I Frisco, TX 750341 P: 214.618.1400 IF: 214.618.1653 I DD: 214.618.1604 jfr ick(@. reiddenni .com I www.reiddennisfrick.com CONFIDENTIALITY NOTICE: This e-mail message and any attached files are confidential and may be legally privileged. They are meant for private use for the intended recipient(s) only. It is strictly prohibited for anyone to copy, forward, or distribute the enclosed content. If you receive this message in error, please delete it with any attached file, immediately. Thank you. From: Maureen Purcell Sent: Monday, November 27, 2023 12:58 PM D To: John Frick ; Jimmy Smith ; msenter@rlattorneys.com; dmcmanus@tribblelawfirm.com; Denise Gonzalez ; Russell Hems ; Cilvia Velasquez ; wtribble@tribblelawfirm.com; 1 kingram@rlattorneys.com; hpolson@rlattorneys.com; cnorris@rlattorneys.com Cc: Abigail Tubbs ; Chandra Rodriguez ; William Reid ; Ian M . Mclin ; Ethan Bannister ; Shawn Selvidge ; Maureen Purcell Subject: RE: Wood.Winston Court (depos) Counsel, Will you please provide additional deposition dates for the Plaintiffs and the corporate representative of Bella Estates 1, Inc. (Andria Lai)? Additionally, please provide available deposition dates for Tanner Hunt. Thank you. Maureen Purcell Paralegal to Ian M. Mclin Langley & Banack, Incorporated Attorneys and Counselors at Law 745 East Mulberry Avenue I Suite 700 San Antonio, TX 78212 Phone (210) 736-6600 Direct Dial (210) 253-7177 Fax (210) 735-6889 website I vCard I linkedin I map I email San Antonio J Carrizo Springs I Eagle Pass I Karnes City I Castroville I New Braunfels I Fredericksburg I Kerrville ~ iiT MEftlTAs• LAW FIRMS WORLDWIDE This email may contain confidential and priv ileged material for the sole use of the intended recipient; any other use is prohibited. If you are not the intended recipient, please contact the sender by reply email and delete all copies of this message. From: John Frick Sent: Monday, November 20, 2023 9:38 AM To: Ian M. Mclin ; Jimmy Smith ; msenter@rlattorneys.com; dmcma nus@tri bblelaWfirm.com; Denise Gonzalez ; Russell Hems ; Cilvia Velasquez ; wtTib ble@tribblelawfi rm.com ; kingram@rl attorneys.com ; hpolson@rlattorneys.com ; cnorris @rlattorneys.com ; Maureen Purcell ; Shawn Selvidge ; Ethan Bannister Cc: Abigail Tubbs ; Chandra Rodriguez ; William Reid Subject: RE: Wood.Winston Court Counsel & Paralegals: Ian Mclin has also requested dates for the deposition of a representative of Bella Estates 1, Inc. Andria Lai of Bella Estates 1, Inc. is available for deposition live in our offices or via Zoom on the following dates: December 4, 5, 7, 8, 11, 12, and 14. 2 CAUSE NO. DC-23-02885 CHARLES DA YID WOOD JR. AND § IN THE DISTRJCT COURT LOLA BRIDGETTE WOOD § Plaint{ffs, § § V. § § 134th JUDICIAL DISTRICT BFS TEXAS SALES, LLC A/KIA § BMC TEXAS SALES, LLC, BUILDERS § FIRST SOURCE DALLAS, LLC § SAWMILL PARTNERS LLC D/B/A § RJCHARDSON TIMBERS, RJDGEVIEW § TIMBERWORKS LLC § Defendants. § DALLASCOUNTY,TEXAS PLAINTIFFS' NOTICE OF INTENTION TO TAKE THE ORAL DEPOSITION OF DESIGNATED REPRESENTATIVE(S) OF DEFENDANT BFS TEXAS SALES, L.L.C. Pursuant to Rule 199 of the Texas Rules of Civil Procedure, you are hereby notified that Plaintiffs Charles David Wood, Jr. and Lola Bridgette Wood intend to take the oral deposition of the designated corporate representative(s) of Defendant BFS Texas Sales, L.L.C., at the offices of Reid, Dennis & Frick P.C. located at 2600 Dallas Parkway, Suite 380, Frisco, Texas 75034 unless a different location is subsequently mutually agreed upon by attorneys for Plaintiffs and Defendant BFS Texas Sales, L.L.C. The deposition shall commence at 9:30 a.m. on Monday, December 11, 2023, and shall continue until completed. Pursuant to Rule l 99 .2(b )(I) of the Texas Rules of Civi 1 Procedure, Plaintiffs states that examination is requested on the matters described in Exhibit "A." BFS Texas Sales, L.L.C. is directed to designate in writing the person or persons to testify on its behalf and, if you so des ire, the matters on which each person designated will testify, as well as any objections to any of the matters on which examination is requested, by no later than 5:00 o'clock p.m. on December 8, PLAINTIFFS' NOTlCE OF INTENTION TOT AKE THE ORAL DEPOSITION OF DESIGNATED REPRESENTATIVE(S) OF DEFENDANT BFS TEXAS SALES, L.L.C. - Page 1 E 2023. BFS Texas Sales, L.L.C. is further directed that the person or persons designated by you shall appear before the officer at the time and place stated above for the purpose of testifying as to matters that are known or reasonably available to BFS Texas Sales, L.L.C. Respectfully submitted, Isl William E. Reid William E. Reid State Bar No. 16748500 wreid@reiddennis.com REID DENNIS FRICK P.C. 2600 Dallas Parkway, Suite 380 Frisco, TX 75034 Tel: (214) 618-1400 Fax: (214) 618-1653 ATTORNEY FOR PLAINTIFFS CHARLES DAVID WOOD, JR. & LOLA BRIDGETTE WOOD PLAINTIFFS' NOTICE OF INTENTION TOT AKE THE ORAL DEPOSITION OF DESIGNATED REPRESENTATIVE(S) OF DEFENDANT BFS TEXAS SALES, L.L.C. - Page 2 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Plaintiffs' Notice of Intention to Take the Oral Deposition of Designated Representative(s) of Defendant BFS Texas Sales, L.L.C. has been served on the following attorneys of record for via the court's electronic filing system or via email on this 29 th day of November, 2023: Ian M. McLin Wesson H. Tribble imc Lin@langleybanack.com wtribble@tribblelawfirm.com LANGLEY & BANACK DanMcManus 745 E. Mulberry, Ste 900 dmcmanus('mtribblelawfirm.com San Antonio, TX 78212 Russell Hems rhems/'mtribblelawfion.com Mark S. Senter Jimmy Smith Cierra Norris Jsmith@tt·ibblelawfirm.com mai l@rlattroneys.com TRIBBLE I ROSS RESNICK & LOUIS, P.C. 6371 Richmond Ave. 2425 N. Central Ewy., Ste. 231 Houston, TX 77057 Richardson, TX 75080 Isl William E. Reid William E. Reid PLAINTIFFS' NOTICE OF INTENTION TOT AKE THE ORAL DEPOSITION OF DESIGNATED REPRESENTATIVE(S) OF DEFENDANT BFS TEXAS SALES, L.L.C. - Page 3 EXHIBIT "A" Definitions As used in this Notice, the following terms shall have the meaning set forth below: "You," "Your," and "BFS" shall mean BFS Texas Sales, LLC f/k/a BMC Texas Sales LLC, Builders First Source Dallas, LLC. and all of their agents, representatives, insurance carriers, experts, investigators, consultants, employees, and attorneys. "Sawmill" shall mean Defendant Sawmill Partners dba Richardson Timbers, and all of its agents, representatives, insurance carriers, experts, investigators, consultants, employees, and attorneys. "Ridgeview" shall mean "Ridgeview Timberworks, LLC" and all of its agents, representatives, insurance carriers, experts, investigators, consultants, employees, and attorneys. "Bella" and/or "Bella Estates" shall mean "Bella Estates 1, Inc." and all of its agents, representatives, insurance carriers, experts, investigators, consultants, employees, and attorneys. "Peskuski Design" shall mean Peskuski Design Firm and Jay Peskuski and all of its agents, representatives, insurance carriers, experts, investigators, consultants, employees, and attorneys. "Skaggs Engineering" shall mean Matthew Skaggs and Skaggs Engineering and all of its agents, representatives, insurance carriers, experts, investigators, consultants, employees, and attorneys. "Plaza Structures" shall mean the two Plaza Structures in the backyard of the Woods' home located at 5518 Winston Court, Dallas, Texas 75220. "Plaza Structure Project" shall mean the construction of two Plaza Structures in the backyard of the Woods' home located at 5518 Winston Court, Dallas, Texas 75220. "Incident" and "occurrence" refer to the events related to the failure and collapse of two Plaza Structures on November 4, 2022, as more fully set forth in Plaintiffs' most recent Petition. PLAINTIFFS' NOTICE OF INTENTION TOT AKE THE ORAL DEPOSITION OF DESIGNATED REPRESENTATIVE(S) OF DEFENDANT BFS TEXAS SALES, L.L.C. - Page 4 MATTERS ON WHICH EXAMINATION IS REQUESTED Unless otherwise stated, the time frame for which examination is requested is from January 1, 2020, to the present. Examination is requested on the following matters: I. All factual allegations made by BFS in each answer it has filed in this cause. 2. All factual allegations made by BFS in each motion for leave to designate a responsible third party it has filed in this cause. 3. All facts stated in disclosures made by BFS pursuant to Rule 194 in this cause. 4. All facts stated in interrogatory answers made by BFS in this cause. 5. The factual basis supporting BFS's denial of any of Plaintiffs' Requests For Admission. 6. The business and organizational relationship between BFS and each of the following entities: DeFord's, Builders First Source Dallas, L.L.C., Builders FirstSource, Inc., and BMC Texas Sales, L.L.C. 7. All persons employed or contracted by You who provided goods or services relating to the Plaza Structure Project, including the scope of authority and scope of work for each such person. 8. The identity of each employee of BFS that worked on the Plaza Structure Project and the work that was performed by each BFS employee on the Plaza Structure Project. 9. All goods and services provided by You for the Plaza Structure Project. 10. The procedures You followed for designing and engineering the trusses for the Plaza Structure Project. 11. Your customary and usual procedures for designing and engineering roof trusses for projects You consider to be substantially similar to the Plaza Structure Project. 12. The quality control procedures You had in place to ensure that the beams, rafters, and trusses that You provided for the Plaza Structure Project were properly engineered and capable of supporting the Plaza Structures without failing. 13. Your customary and usual quality control procedures to ensure that beams, rafters, and trusses that You provide for projects You consider to be substantially similar to the Plaza Structure Project are properly engineered and capable of supporting the structure without failing. PLAINTIFFS' NOTICE OF INTENTION TOT AKE THE ORAL DEPOSITION OF DESIGNATED REPRESENTATIVE(S) OF DEFENDANT BFS TEXAS SALES, L.L.C. - Page 5 14. All representations You made to Plaintiffs, Truett Hunt and/or Bella regarding the beams, rafters, and trusses that You provided for the Plaza Structure Project. 15. All representations You generally made to the public in Your marketing material regarding beams, rafters, and trusses that You provide for projects You consider to be substantially similar to the Plaza Structure Project. 16. Any evaluation or determination You have made as to the cause of the failure and/or collapse of the Plaza Structures. 17. The acts or omissions You contend caused the failure and/or collapse of the Plaza Structures. 18. The substance of any condition precedent which You contend has not occurred. 19. The substance of any condition precedent which You contend Plaintiffs have not performed. 20. "The governing warranty provisions" to which You refer on page 3 of Defendant BFS Texas Sales, LLC f/k/a BMC Texas Sales LLC, incorrectly sued as Builders First Source Dallas' Third Amended Answer. 21. The "generally accepted industry standards and practices" to which You refer on page 4 of Defendant BFS Texas Sales, LLC f/k/a BMC Texas Sales LLC, incorrectly sued as Builders First Source Dallas' Third Amended Answer. 22. The content of Your website, particularly as it pertains to truss packages, from February 25, 2022, through October 13, 2023, including the reason for any changes made during that time period. 23. Your business policy, if any, of thoroughly engineering and constructing with the greatest accuracy each truss package delivered to a jobsite to ensure a timely, hassle-free installation as any such policy existed from February 25, 2022, and October 13, 2023, including the reason for any changes made during that time period. 24. Your business relationship with Ridgeview and the communications between You and Ridgeview regarding the Plaza Structure Project. 25. Your business relationship with Sawmill and the communications between You and Sawmill regarding the Plaza Structure Project. 26. Your business relationship with Skaggs Engineering and the communications between You and Skaggs Engineering regarding the Plaza Structure Project. PLAINTIFFS' NOTICE OF INTENTION TOT AKE THE ORAL DEPOSITION OF DESIGNATED REPRESENTATIVE(S) OF DEFENDANT BFS TEXAS SALES, L.L.C. - Page 6 27. Your business relationship with Peskuski Design and the communications between You and Peskuski Design regarding the Plaza Structure Project. 28. Any review and analysis performed by BFS with the drawings BFS was provided that were created by Skaggs Engineering and Peskuski Design. 29. Your business relationship with RTP Structural, P.L.L.C. and the communications between You and RTP Structural, P.L.L.C. regarding the Plaza Structure Project 30. Your business relationship with Ralph Trent Perkins and the communications between you and Ralph Trent Perkins regarding the Plaza Structure Project. 31. All documents You received concerning the Plaza Structure Project. 32. Your truss review process, if any. 33. How You make sure that truss packages delivered to ajobsite have been engineered. 34. Under what circumstances You provide truss packages produced with a set of engineering plans or drawings bearing the signature or seal of a licensed professional engineer. 35. Why the truss packages You provided for the Plaza Structure Project included materials for four trusses instead of six trusses. 36. Why the trusses You provided for the Plaza Structure Project did not have pre-cut rafter tails. 3 7. Any communications You had with anyone warning of any potential danger presented by cutting the rafter tails of the trusses for the Plaza Structure Project. 3 8. Whether You ever had a set of engineering plans or drawings bearing the signature or seal of a licensed professional engineer for the trusses You provided for the Plaza Structure Project. 39. Why the seat cut of the trusses You provided for the Plaza Structure Project were not cut properly. 40. Any communications You had with anyone warning of any potential danger presented by cutting the seat cuts of the trusses for the Plaza Structure Project deeper. 41. The identity of BFS's customer that purchased the trusses, beams and rafters for the Plaza Structure Project, the terms of such contract, and who received direct benefits from such contract. PLAINTIFFS' NOTICE OF INTENTION TOT AKE THE ORAL DEPOSITION OF DESIGNATED REPRESENTATlVE(S) OF DEFENDANT BFS TEXAS SALES, L.L.C. - Page 7 42. The date You received each of Plaintiffs' requests for production in this case, what diligence You used to locate responsive material, what files and electronically stored information you searched for responsive material, and what items You located. 43. Where and how You store files and electronic information similar to the items requested in Plaintiffs' requests for production in this case. 44. Your policy for saving email communications, including the emails of employee Emilio Cantu. 45. What happened to Emlio Cantu's emails regarding the Plaza Structure Project and BFS has failed to produce all of Mr. Cantu's emails. 46. What happened to Deford's file information pertaining to the trusses, beams and rafters that were sold for the Plaza Structure Project and why You have not produced those documents. 47. The contents and materials contained in DeFord's Estimate, bates stamped SAWMILL 000040 and Exhibit 6 of Emilio Cantu's Deposition and why BFS has not previously produced the Estimate in response to Plaintiffs requests for production of documents. 48. Contracts between You and Sawmill that govern the transaction involving the trusses, beams and rafters for the Plaza Structure Project. 49. Contracts between You and Ridgeview that govern the transaction involving the trusses, beams and rafters for the Plaza Structure Project. 50. Who made the decision to change the order from 6 trusses to 4 trusses and why the number of trusses ordered was changed from 6 trusses to 4 trusses for the Plaza Structure Project. 51. BFS' document retention program for saving estimates, emails and contracts. PLAINTIFFS' NOTICE OF INTENTION TOT AKE THE ORAL DEPOSITION OF DESIGNATED REPRESENTATIVE(S) OF DEFENDANT BFS TEXAS SALES, L.L.C. - Page 8 Chandra Rodriguez From: John Frick Sent: Wednesday, November 29, 2023 11 :49 AM To: Jimmy Smith; wtribble@tribblelawfirm.com; Russell Hems; Cilvia Velasquez; Denise Gonzalez; dmcmanus@tribblelawfirm.com Cc: imclin@langleybanack.com; msenter@rlattorneys.com; kingram@rlattorneys.com; hpolson@rlattorneys.com; cnorris@rlattorneys.com; Maureen Purcell; Shawn Selvidge; William Reid; Abigail Tubbs Subject: RE: Wood.Winston Court Attachments: Ntc of Depo Rep of BFS.docx Counsel: I