Preview
NO. 15-DCV-227783
JIN THE INTEREST OF § IN THE DISTRICT COURT
T.S., CS, AND C.S., § 328TH JUDICIAL DISTRICT
CHILDREN § FORT BEND COUNTY, TEXAS
PETITIONER’ § MOTION TO COMPEL DISCOVERY AND FOR SANCTIONS
This motion is brought by Carlos Allen Smith, Petitioner, who shows in support:
1 Documents
On August 3 2022, a request for production of documents was served on Tamisika Smith,
Respondent, by and through her attorney of record, Jeanne Caldwell McDowell. A copy of the
request is attached hereto as Exhibit 1.
2. On September 2, 2022 Respondent served her Responses to Request for Production to
counsel for Petitioner. A copy of the responses are attached hereto as Exhibit 2.
3. On October 5, 2022 Counsel for Petitioner filed an Entry of Appearance in this matter.
After filing that appearance, Petitioner’s counsel reviewed Respondent’s Responses to Request for
Production and identified certain deficiencies.
4 On December 8, 2022 Petitioner’s counsel sent correspondence to Respondent’s counsel
identifying those deficiencies. A copy of that correspondence is attached hereto as Exhibit 3.
As of the filing of this Motion, Petitioner has not received the requested supplemental
production response from Respondent.
2. Relief Requested
Carlos Allen Smith asks the Court, after notice and hearing, to make such orders with
regard to the failure to comply with discovery procedures as are just and right, including the
following:
PETITIONER’S MOTION TO COMPEL DISCOVERY
Smith v. Smith
15-DCV-227783, 328 District Court, FBC Page 1 of 3
Tamisika Smith be ORDERED to produce documents responsive to request for
production number 3 in the offices of Marlene Zinsmeister, The Zinsmeister Law
Firm, P.C., 106 Guenther St., Sugar Land, Texas 77478 by a date certain.
Tamisika Smith be prohibited from further discovery of any kind while this case is
pending.
Tamisika Smith be ORDERED to pay attorney's fees to Marlene Zinsmeister, by a
date certain.
The pleadings of Tamisika Smith be stricken, and a judgment be GRANTED in
favor of Carlos Allen Smith, together with a judgment for reasonable attorney's
fees, including any additional fees Carlos Allen Smith may incur up to the date of
the hearing on this motion.
Carlos Allen Smith prays that the Court grant this motion.
Respectfully submitted,
THE ZINSMEISTER LAW FIRM, PC
106 Guenther Street
Sugar Land, Texas 77478
Tel: (281) 265-4
UL
By:
Marlene Zi ister
State Bar 22277850
service@) amily.com
Attorney for Petitioner
Certificate of Conferenc
I certify that a reasonable effort has been made to resolve the discovery dispute without the
necessity of court intervention and has failed.
Marlene Zingpfeistér
LY)
Attorney for Caflos Allen Smith
*ETITIONER’S MOTION TO COMPEL DISCOVERY
Smith v. Smith
15-DCV-227783, 328" District Court, FBC Page 2 of 3
Notice of Hearing
The above Motion is set for a hearing on December 15, 2022, at 8:30 A.M. in the 328th
District Court of Fort Bend County, Texas located at the Fort Bend County Justice Center, 1422
Eugene Heimann Circle, Richmond, Texas 77469,
Marlene Zinsmeister
/
Attorney for Carlos
Certificate of Servic
I certify that a true copy of this document was served in accordance with rule 21a of the
Texas Rules of Civil Procedure on the following on December 12, 2022:
Jeanne Caldwell McDowell by electronic filing mpnager
Marlene Zinsmeist
Attomey for C: ‘Allen Smith
PETITIONER?S MOTION TO COMPEL DISCOVERY
Smith v. Smith
15-DCV-227783, 328" District Court, FBC Page 3 of 3
[Ce
CAUSE NO, 15-DCV-227783
IN THE INTEREST OF § IN THE DISTRICT COURT
§
‘KS, CAS, AND CAS, § 328TH JUDICIAL DISTRICT
§
CHILDREN § FORT BEND COUNTY, TEXAS
Cc ARLOS SMITH'S REQUEST FOR PRODUCTION AND INSPECTION
To: Tamisika Smith, by and through her attorney of record, Jeanne Caldwell McDowell,
jem@houstontrialattorneys.com and Rebekah H. Birdwell, rab@houstontrialattorneys.com.
Carlos Smith, Petitioner, requests that Tamisika Smith, produce for inspection and
copying the items described below as Exhibit A, at the time and place set out below.
Definitions
"You," and "your" refer to and are intended to include Tamisika, your employees, and
your agents, either individually or as a representative of any corporation, association, or
partnership, as the case may be, as well as any testifying expert witnesses retained by you or
retained on your behalf relating to this litigation and any consulting experts whose work product
has been reviewed by, relates to, or forms the basis, either in whole or in part, of the mental
impressions and opinions of any testifying experts.
"Person" includes and is intended to mean any natural person or the representative of any
entity or entities, as defined below.
"Relates to” means in whole or in part constitutes, contains, concerns, embodies, relates,
analyzes, identifies, states, refers to, deals with, or in any way pertains to,
"Item" or "document" includes each tangible thing, recording, or reproduction of any
visual or auditory information, however made, whether handwritten, typewritten, printed, or
digital, even if kept in only an electronic format, including papers; books; accounts; diaries;
August 3, 2022 - Request for Production
Page 1 of 6
notes; memoranda; journals; calendars; letters and correspondence; e-mails; text messages;
blogs; instant messages; postings, personal messages, tweets, and comments from any social
media platform; logs; drawings; graphs; charts; photographs; electronic or videotape recordings;
data; data compilations; and any drafts of the foregoing.
Tnstructions
All information responsive to this request that is not privileged and that is in your
possession, custody, or control is to be produced.
"Possession, custody, or control” of an item means that the person either has physical
possession of the item or has a right to possession of the item that is equal or superior to that of
the person who has physical possession of the item.
If any of this information is available in electronic form, you must produce this
information. by providing Petitioner with this information on either CD-ROM computer disks or
USB flash drive (also variously known as a USB drive, USB stick, thumb drive, pen drive, jump
drive, flash-disk, "memory stick," or USB memory) in an accessible format. In the alternative,
you may produce these electronic documents by e-mail or a file-hosting service (for example,
Dropbox).
Time Period
The discovery requested is for documents prepared, received, or generated since July 18,
2016 unless otherwise provided in this request. All requested documents, whenever actually
prepared or generated, that relate to this period are to be produced,
Documents to Be Produced
All items set forth in Exhibit A are to be produced electronically or made available for
inspection, examination, and copying within 30 days following service of this request at 306
August 3, 2022 - Request for Production
Page 2 of 6
Main St., 3 Floor, Houston, Texas 77002. You must either produce documents and tangible
things as they are kept in the ordinary course of business or organize and label them to
correspond with the categories in this request.
Amendment or Supplementation of Response
If you learn that your response to this request was incomplete or incorrect when made or
that, although it was complete and correct when made, it is no longer complete and correct, you
must amend or supplement the response -
1 to the extent that the request seeks the identification of persons with knowledge of
relevant facts, trial witnesses, or expert witnesses, and
2 to the extent that the request secks other information, unless the additional or
corrective information has been made known to the other parties in writing, on the record at a
deposition, or through other discovery responses.
You must make amended or supplemental responses reasonably promptly after
you discover the necessity for such a response. Any amended or supplemental response should
be provided in the same format as previously produced.
Content of Response
With respect to each item or category of items, you must state objections and assert
privileges as required by the Texas Rules of Civil Procedure and state, as appropriate, that -
1 production, inspection, or other requested action will be permitted as requested;
2. the requested items are being served on Petitioner with the response;
3 production, inspection, or other requested action will take place at a specified time
and place, if you are objecting to the time and place of production; or
4. no items have been identified - after a diligent search - that are responsive to the
August 3, 2022 - Request for Production
Page 3 of 6
request,
Daniel J. Lemkuil
306 Main Street, 3" Floor
Houston, Texas 77002
Tel: (713) 993-9100
By: /s/ Daniel Lemkuil
Daniel J. Lemkuil
State Bar No, 00789448
Daniel. Lemkuil.Atty@gmail.com
Attorney for Petitioner
Certificate of Service
I certify that a true copy of this document was served in accordance with rule 21a of the
Texas Rules of Civil Procedure on the following on August 3, 2022, on each party through their
attorney of record, by electronic means.
Zs/ Daniel Lemkuil
Daniel J. Lemkuil
August 3, 2022 - Request for Production
Page 4 of 6
Exhibit A
All documents, including invoices and billing statements, evidencing contractual
relationships with attorneys you retained in part as experts, consulting experts on
whom testifying experts rely, or investigators in connection with this case.
RESPONSE:
All documents that you contend support your claim for relief as to -
conservatorship;
possession and access;
child support and medical and dental support for the child; and
attorney's fees.
RESPONSE:
All documents that you claim support your contentions addressed in any pending
application for protective order filed by you since July 18, 2016.
RESPONSE:
All documents related to any complaint made by you to a law enforcement
agency.
RESPONSE:
August 3, 2022 - Request for Production
Page 5 of 6
5 All documents related to any complaint made by you to “Child Protective
Services”, also known as Texas Department of Family and Protective Services.
RESPONSE:
August 3, 2022 - Request for Production
Page 6 of 6
CTT Tha
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA.
Cause No. 15-DCV-227783
IN THE INTEREST OF IN THE DISTRICT COURT OF
T.S., C.S., AND C.S, FORT BEND COUNTY, TEXAS
CHILDREN 328TH JUDICIAL DISTRICT
RESPONDENT’S RESPONSE TO PETITIONER'S
REQ! FOR PRODUCTION AND INSP.
To: CARLOS ALLEN SMITH, Petitioner, by and through his attorney of record,
Daniel J. Lemkuil, 306 Main Street, 3" Floor, Houston, Texas 77002
COMES NOW, TAMISIKA KOFI SMITH, Respondent, in the above-entitled cause,
and in accordance with the Texas Rules of Civil Procedure, files these objections and responses
to requests for production propounded by CARLOS ALLEN SMITH.
Conditions to Response
Respondent’s responses are based on her present knowledge after a reasonable
investigation and on her interpretation and construction of the request.
Respondent reserves the right to redact any portions of otherwise responsive and
nonprivileged documents that contain irrelevant, nonresponsive, or privileged
information.
Respondent will supplement responses when, if, and as required by the Texas
Rules of Civil Procedure.
Any response that Respondent will produce certain documents is not a
representation that such documents exist but, rather, an undertaking to produce
them if and to the extent that they exist and are in Respondent’s possession,
custody, or control.
Respondent preserves all privileges including without limitation, the attorney
work product privilege, attorney-client privilege, all investigative privileges, the
party communication privilege, the witness statement privilege, the consulting
expert witness privilege, and any other available privilege. In particular and
without limitation, Respondent preserves the privilege for all of Respondent’s
counsel's files, work papers, mental impressions and mental processes prepared in
and for this civil action and for any investigative communications made in
anticipation of this civil action or during or for this civil action as contemplated
Page 1 of 4
by the Texas Rules of Civil Procedure.
6 Respondent reserves the right to assert privilege by supplement with privilege log,
if as and when any additional materials are discovered.
Respectfully submitted,
The Law Office of Jeanne Caldwell McDowell
BY (sf
Rebekah
Ht, Bindwoll
JEANNE CALDWELL MCDOWELL
State Bar No.00789194
jem@houstontrialattorneys.com
REBEKAH H. BIRDWELL
State Bar No. 24053052
rhb@houstontrialattorneys.com
603 Avondale
Houston, Texas 77006
(713) 655-9595
(713) 655-1725 facsimile
Attorneys for TAMISIKA KOFI SMITH
CERTIFICATE OF SERVICE
I certify that a true copy of the above was served on all parties of record in accordance
with the TEXAS RULES OF CIVIL PROCEDURE on September 2, 2022.
Daniel J. Lemkuil
306 Main Street, 3" Floor
Houston, Texas 77002
Email: Daniel.lemkuil.atty@gmail.com
ist Catduell McDowell
JEANNE CALDWELL MCDOWELL
REBEKAH H. BIRDWELL
Attorneys for Tamisika Kofi Smith
Page 2 of 4
EXHIBIT A
1 All documents, including invoices and billing statements, evidencing contractual
relationships with attorneys you retained in part as experts, consulting experts on whom
testifying experts rely, or investigators in connection with this case.
PRIVILEGES:
Information or material responsive to the request has been withheld.
Respondent asserts the following privileges:
Attorney-client privilege
Work-product privilege
RESPONSE: After a diligent search, the following redacted documents were located and
are produced:
Bates labels TKS100001 — TKS100008.
The documents produced have been redacted to protect the asserted
privileges.
All documents that you contend support your claim for relief as to ~
a. conservatorship;
b. possession and access;
c. child support and medical and dental support for the child; and
d. attorney's fees.
RESPONSE: After a diligent search, the following documents were located and are
produced:
Bates labels TKS100009 — TKS100168 and TKS100173,
See also documents produced in response to Request for Production No. 1.
3. All documents that you claim support your contentions addressed in any pending
application for protective order filed by you since July 18, 2016.
OBJECTION(S):
Objection is made to the production request to the extent the proposed
discovery is not relevant to the subject matter of the suit and will not lead to
the discovery of admissible evidence. Tex. R. Ciy. P. 192.3(a). The proposed
discovery goes beyond the subject matters of the case and reasonable
expectations of obtaining information that will aid resolution of the dispute.
Tex. R. Civ. P. 192 emt. 1. This request for production is related to the
Page 3 of 4
pending modification suit, in which Carlos A. Smith is the Petitioner. The
protective order suit is a separate action and therefore this request in the
modification suit is improper.
Objection is made to the production request to the extent it subjects
Respondent to undue burden, unnecessary expense, harassment, or
annoyance. Tex. R. Civ. P. 192.6(b).
4 All documents that relate to any complaint made by you to a law enforcement agency.
RESPONSE: After a diligent search, the following documents were located and are
produced:
Bates labels TKS100169 — TKS100172.
5 All documents related to any complaint made by you to “Child Protective Services”,
also known as Texas Department of Family and Protective Services.
RESPONSE: After a diligent search, no responsive documents were located, and none
exist. Respondent has not made any such complaints to the Texas
Department of Family and Protective Services.
Page 4 of 4
The Zinsmeister Law Firm, PC.
Marlene Zinsmeister
Attorney At Law & Mediator
106 Guenther Street
Sugar Land, Texas 77478
PCT Tg
Board Certified ~ Farally Law Telephone: (281) 265-4111
Texas Board Of Legal Specialization Email: serviee@mefanily.com
December 8, 2022
Ms, Jeanne Caldwell McDowell
Ms. Rebekah H. Birdwell
603 Avondale
Houston, TX 77006
Re: Cause No, 15-DCV-227783; In the Interest of T.K.S. CAS. and CAS,
Children; in the 328% Judicial District Court of Fort Bend County, Texas
Dear Jeanne and Rebekah:
have now had the opportunity to zeview the case file and your client’s Responses
to Request for Production dated September 2, 2022 and have found the following
deficiency:
Request for Production No. 3: All documents that you claim support your contentions
addressed in any pending application for protective order filed by you since July 18, 2016.
Response: Objection is made to the production request to the extent the proposed
discovery is nat relevant to the subject matter of the suit and will not lead to the discovery
of admissible evidence, Tex, R, Civ, P, 192.3(a). The proposed discovery goes beyond the
subject matters of the case and reasonable expectations of obtaining information that will
aid resolution of the dispute. ‘Tex, R, Civ. P, 192 cmt. 1. This request for production is
related to the pending modification suit, in which Carlos A. Smith is the Petitioner, The
protective order suit is a separate action and therefore this request in the modification
suit is improper.
Objection is made to the production request to the extent it subjects Respondent to
undue burden, unnecessary expense, harassment, or annoyance, Tex. R. Civ. P. 192.6(b).
Deficiency: 1. There is no legal basis for the objections asserted in these requests.
Tex. R. Civ. P, 193.2(c). In your objection you indicate ”The protective order suit is a
106 Guenther Street + Sugar Land, Texas 77478 ¢ Telephone: (281) 265-4111 Facsimile: (281) 265-4101 ¢ mz@mzfamily,com.
separate action and therefore this request in the modification suit is improper.”
However, because the Protective Order was filed by your office under the same cause
number, this request is not improper. Please withdraw your objections and produce all
documents responsive to this request in accordance with the Texas Rules of Civil
Procedure for the time period requested by the end of the day on December 12, 2022.
This letter shall serve aa a Certificate of Conference under Local Rule 5.1.2.
Regards,
Marlene smeister
ce, Lori Kern
Client
106 Guenther Street # Sugar Land, Texas 77478 + Telephone: (281) 265-4111 ¢ Vacstmile: (281) 265-4101 mz®mzfamily.com
Preview
NO. 15-DCV-227783 JIN THE INTEREST OF § IN THE DISTRICT COURT T.S., CS, AND C.S., § 328TH JUDICIAL DISTRICT CHILDREN § FORT BEND COUNTY, TEXAS PETITIONER’ § MOTION TO COMPEL DISCOVERY AND FOR SANCTIONS This motion is brought by Carlos Allen Smith, Petitioner, who shows in support: 1 Documents On August 3 2022, a request for production of documents was served on Tamisika Smith, Respondent, by and through her attorney of record, Jeanne Caldwell McDowell. A copy of the request is attached hereto as Exhibit 1. 2. On September 2, 2022 Respondent served her Responses to Request for Production to counsel for Petitioner. A copy of the responses are attached hereto as Exhibit 2. 3. On October 5, 2022 Counsel for Petitioner filed an Entry of Appearance in this matter. After filing that appearance, Petitioner’s counsel reviewed Respondent’s Responses to Request for Production and identified certain deficiencies. 4 On December 8, 2022 Petitioner’s counsel sent correspondence to Respondent’s counsel identifying those deficiencies. A copy of that correspondence is attached hereto as Exhibit 3. As of the filing of this Motion, Petitioner has not received the requested supplemental production response from Respondent. 2. Relief Requested Carlos Allen Smith asks the Court, after notice and hearing, to make such orders with regard to the failure to comply with discovery procedures as are just and right, including the following: PETITIONER’S MOTION TO COMPEL DISCOVERY Smith v. Smith 15-DCV-227783, 328 District Court, FBC Page 1 of 3 Tamisika Smith be ORDERED to produce documents responsive to request for production number 3 in the offices of Marlene Zinsmeister, The Zinsmeister Law Firm, P.C., 106 Guenther St., Sugar Land, Texas 77478 by a date certain. Tamisika Smith be prohibited from further discovery of any kind while this case is pending. Tamisika Smith be ORDERED to pay attorney's fees to Marlene Zinsmeister, by a date certain. The pleadings of Tamisika Smith be stricken, and a judgment be GRANTED in favor of Carlos Allen Smith, together with a judgment for reasonable attorney's fees, including any additional fees Carlos Allen Smith may incur up to the date of the hearing on this motion. Carlos Allen Smith prays that the Court grant this motion. Respectfully submitted, THE ZINSMEISTER LAW FIRM, PC 106 Guenther Street Sugar Land, Texas 77478 Tel: (281) 265-4 UL By: Marlene Zi ister State Bar 22277850 service@) amily.com Attorney for Petitioner Certificate of Conferenc I certify that a reasonable effort has been made to resolve the discovery dispute without the necessity of court intervention and has failed. Marlene Zingpfeistér LY) Attorney for Caflos Allen Smith *ETITIONER’S MOTION TO COMPEL DISCOVERY Smith v. Smith 15-DCV-227783, 328" District Court, FBC Page 2 of 3 Notice of Hearing The above Motion is set for a hearing on December 15, 2022, at 8:30 A.M. in the 328th District Court of Fort Bend County, Texas located at the Fort Bend County Justice Center, 1422 Eugene Heimann Circle, Richmond, Texas 77469, Marlene Zinsmeister / Attorney for Carlos Certificate of Servic I certify that a true copy of this document was served in accordance with rule 21a of the Texas Rules of Civil Procedure on the following on December 12, 2022: Jeanne Caldwell McDowell by electronic filing mpnager Marlene Zinsmeist Attomey for C: ‘Allen Smith PETITIONER?S MOTION TO COMPEL DISCOVERY Smith v. Smith 15-DCV-227783, 328" District Court, FBC Page 3 of 3 [Ce CAUSE NO, 15-DCV-227783 IN THE INTEREST OF § IN THE DISTRICT COURT § ‘KS, CAS, AND CAS, § 328TH JUDICIAL DISTRICT § CHILDREN § FORT BEND COUNTY, TEXAS Cc ARLOS SMITH'S REQUEST FOR PRODUCTION AND INSPECTION To: Tamisika Smith, by and through her attorney of record, Jeanne Caldwell McDowell, jem@houstontrialattorneys.com and Rebekah H. Birdwell, rab@houstontrialattorneys.com. Carlos Smith, Petitioner, requests that Tamisika Smith, produce for inspection and copying the items described below as Exhibit A, at the time and place set out below. Definitions "You," and "your" refer to and are intended to include Tamisika, your employees, and your agents, either individually or as a representative of any corporation, association, or partnership, as the case may be, as well as any testifying expert witnesses retained by you or retained on your behalf relating to this litigation and any consulting experts whose work product has been reviewed by, relates to, or forms the basis, either in whole or in part, of the mental impressions and opinions of any testifying experts. "Person" includes and is intended to mean any natural person or the representative of any entity or entities, as defined below. "Relates to” means in whole or in part constitutes, contains, concerns, embodies, relates, analyzes, identifies, states, refers to, deals with, or in any way pertains to, "Item" or "document" includes each tangible thing, recording, or reproduction of any visual or auditory information, however made, whether handwritten, typewritten, printed, or digital, even if kept in only an electronic format, including papers; books; accounts; diaries; August 3, 2022 - Request for Production Page 1 of 6 notes; memoranda; journals; calendars; letters and correspondence; e-mails; text messages; blogs; instant messages; postings, personal messages, tweets, and comments from any social media platform; logs; drawings; graphs; charts; photographs; electronic or videotape recordings; data; data compilations; and any drafts of the foregoing. Tnstructions All information responsive to this request that is not privileged and that is in your possession, custody, or control is to be produced. "Possession, custody, or control” of an item means that the person either has physical possession of the item or has a right to possession of the item that is equal or superior to that of the person who has physical possession of the item. If any of this information is available in electronic form, you must produce this information. by providing Petitioner with this information on either CD-ROM computer disks or USB flash drive (also variously known as a USB drive, USB stick, thumb drive, pen drive, jump drive, flash-disk, "memory stick," or USB memory) in an accessible format. In the alternative, you may produce these electronic documents by e-mail or a file-hosting service (for example, Dropbox). Time Period The discovery requested is for documents prepared, received, or generated since July 18, 2016 unless otherwise provided in this request. All requested documents, whenever actually prepared or generated, that relate to this period are to be produced, Documents to Be Produced All items set forth in Exhibit A are to be produced electronically or made available for inspection, examination, and copying within 30 days following service of this request at 306 August 3, 2022 - Request for Production Page 2 of 6 Main St., 3 Floor, Houston, Texas 77002. You must either produce documents and tangible things as they are kept in the ordinary course of business or organize and label them to correspond with the categories in this request. Amendment or Supplementation of Response If you learn that your response to this request was incomplete or incorrect when made or that, although it was complete and correct when made, it is no longer complete and correct, you must amend or supplement the response - 1 to the extent that the request seeks the identification of persons with knowledge of relevant facts, trial witnesses, or expert witnesses, and 2 to the extent that the request secks other information, unless the additional or corrective information has been made known to the other parties in writing, on the record at a deposition, or through other discovery responses. You must make amended or supplemental responses reasonably promptly after you discover the necessity for such a response. Any amended or supplemental response should be provided in the same format as previously produced. Content of Response With respect to each item or category of items, you must state objections and assert privileges as required by the Texas Rules of Civil Procedure and state, as appropriate, that - 1 production, inspection, or other requested action will be permitted as requested; 2. the requested items are being served on Petitioner with the response; 3 production, inspection, or other requested action will take place at a specified time and place, if you are objecting to the time and place of production; or 4. no items have been identified - after a diligent search - that are responsive to the August 3, 2022 - Request for Production Page 3 of 6 request, Daniel J. Lemkuil 306 Main Street, 3" Floor Houston, Texas 77002 Tel: (713) 993-9100 By: /s/ Daniel Lemkuil Daniel J. Lemkuil State Bar No, 00789448 Daniel. Lemkuil.Atty@gmail.com Attorney for Petitioner Certificate of Service I certify that a true copy of this document was served in accordance with rule 21a of the Texas Rules of Civil Procedure on the following on August 3, 2022, on each party through their attorney of record, by electronic means. Zs/ Daniel Lemkuil Daniel J. Lemkuil August 3, 2022 - Request for Production Page 4 of 6 Exhibit A All documents, including invoices and billing statements, evidencing contractual relationships with attorneys you retained in part as experts, consulting experts on whom testifying experts rely, or investigators in connection with this case. RESPONSE: All documents that you contend support your claim for relief as to - conservatorship; possession and access; child support and medical and dental support for the child; and attorney's fees. RESPONSE: All documents that you claim support your contentions addressed in any pending application for protective order filed by you since July 18, 2016. RESPONSE: All documents related to any complaint made by you to a law enforcement agency. RESPONSE: August 3, 2022 - Request for Production Page 5 of 6 5 All documents related to any complaint made by you to “Child Protective Services”, also known as Texas Department of Family and Protective Services. RESPONSE: August 3, 2022 - Request for Production Page 6 of 6 CTT Tha NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA. Cause No. 15-DCV-227783 IN THE INTEREST OF IN THE DISTRICT COURT OF T.S., C.S., AND C.S, FORT BEND COUNTY, TEXAS CHILDREN 328TH JUDICIAL DISTRICT RESPONDENT’S RESPONSE TO PETITIONER'S REQ! FOR PRODUCTION AND INSP. To: CARLOS ALLEN SMITH, Petitioner, by and through his attorney of record, Daniel J. Lemkuil, 306 Main Street, 3" Floor, Houston, Texas 77002 COMES NOW, TAMISIKA KOFI SMITH, Respondent, in the above-entitled cause, and in accordance with the Texas Rules of Civil Procedure, files these objections and responses to requests for production propounded by CARLOS ALLEN SMITH. Conditions to Response Respondent’s responses are based on her present knowledge after a reasonable investigation and on her interpretation and construction of the request. Respondent reserves the right to redact any portions of otherwise responsive and nonprivileged documents that contain irrelevant, nonresponsive, or privileged information. Respondent will supplement responses when, if, and as required by the Texas Rules of Civil Procedure. Any response that Respondent will produce certain documents is not a representation that such documents exist but, rather, an undertaking to produce them if and to the extent that they exist and are in Respondent’s possession, custody, or control. Respondent preserves all privileges including without limitation, the attorney work product privilege, attorney-client privilege, all investigative privileges, the party communication privilege, the witness statement privilege, the consulting expert witness privilege, and any other available privilege. In particular and without limitation, Respondent preserves the privilege for all of Respondent’s counsel's files, work papers, mental impressions and mental processes prepared in and for this civil action and for any investigative communications made in anticipation of this civil action or during or for this civil action as contemplated Page 1 of 4 by the Texas Rules of Civil Procedure. 6 Respondent reserves the right to assert privilege by supplement with privilege log, if as and when any additional materials are discovered. Respectfully submitted, The Law Office of Jeanne Caldwell McDowell BY (sf Rebekah Ht, Bindwoll JEANNE CALDWELL MCDOWELL State Bar No.00789194 jem@houstontrialattorneys.com REBEKAH H. BIRDWELL State Bar No. 24053052 rhb@houstontrialattorneys.com 603 Avondale Houston, Texas 77006 (713) 655-9595 (713) 655-1725 facsimile Attorneys for TAMISIKA KOFI SMITH CERTIFICATE OF SERVICE I certify that a true copy of the above was served on all parties of record in accordance with the TEXAS RULES OF CIVIL PROCEDURE on September 2, 2022. Daniel J. Lemkuil 306 Main Street, 3" Floor Houston, Texas 77002 Email: Daniel.lemkuil.atty@gmail.com ist Catduell McDowell JEANNE CALDWELL MCDOWELL REBEKAH H. BIRDWELL Attorneys for Tamisika Kofi Smith Page 2 of 4 EXHIBIT A 1 All documents, including invoices and billing statements, evidencing contractual relationships with attorneys you retained in part as experts, consulting experts on whom testifying experts rely, or investigators in connection with this case. PRIVILEGES: Information or material responsive to the request has been withheld. Respondent asserts the following privileges: Attorney-client privilege Work-product privilege RESPONSE: After a diligent search, the following redacted documents were located and are produced: Bates labels TKS100001 — TKS100008. The documents produced have been redacted to protect the asserted privileges. All documents that you contend support your claim for relief as to ~ a. conservatorship; b. possession and access; c. child support and medical and dental support for the child; and d. attorney's fees. RESPONSE: After a diligent search, the following documents were located and are produced: Bates labels TKS100009 — TKS100168 and TKS100173, See also documents produced in response to Request for Production No. 1. 3. All documents that you claim support your contentions addressed in any pending application for protective order filed by you since July 18, 2016. OBJECTION(S): Objection is made to the production request to the extent the proposed discovery is not relevant to the subject matter of the suit and will not lead to the discovery of admissible evidence. Tex. R. Ciy. P. 192.3(a). The proposed discovery goes beyond the subject matters of the case and reasonable expectations of obtaining information that will aid resolution of the dispute. Tex. R. Civ. P. 192 emt. 1. This request for production is related to the Page 3 of 4 pending modification suit, in which Carlos A. Smith is the Petitioner. The protective order suit is a separate action and therefore this request in the modification suit is improper. Objection is made to the production request to the extent it subjects Respondent to undue burden, unnecessary expense, harassment, or annoyance. Tex. R. Civ. P. 192.6(b). 4 All documents that relate to any complaint made by you to a law enforcement agency. RESPONSE: After a diligent search, the following documents were located and are produced: Bates labels TKS100169 — TKS100172. 5 All documents related to any complaint made by you to “Child Protective Services”, also known as Texas Department of Family and Protective Services. RESPONSE: After a diligent search, no responsive documents were located, and none exist. Respondent has not made any such complaints to the Texas Department of Family and Protective Services. Page 4 of 4 The Zinsmeister Law Firm, PC. Marlene Zinsmeister Attorney At Law & Mediator 106 Guenther Street Sugar Land, Texas 77478 PCT Tg Board Certified ~ Farally Law Telephone: (281) 265-4111 Texas Board Of Legal Specialization Email: serviee@mefanily.com December 8, 2022 Ms, Jeanne Caldwell McDowell Ms. Rebekah H. Birdwell 603 Avondale Houston, TX 77006 Re: Cause No, 15-DCV-227783; In the Interest of T.K.S. CAS. and CAS, Children; in the 328% Judicial District Court of Fort Bend County, Texas Dear Jeanne and Rebekah: have now had the opportunity to zeview the case file and your client’s Responses to Request for Production dated September 2, 2022 and have found the following deficiency: Request for Production No. 3: All documents that you claim support your contentions addressed in any pending application for protective order filed by you since July 18, 2016. Response: Objection is made to the production request to the extent the proposed discovery is nat relevant to the subject matter of the suit and will not lead to the discovery of admissible evidence, Tex, R, Civ, P, 192.3(a). The proposed discovery goes beyond the subject matters of the case and reasonable expectations of obtaining information that will aid resolution of the dispute. ‘Tex, R, Civ. P, 192 cmt. 1. This request for production is related to the pending modification suit, in which Carlos A. Smith is the Petitioner, The protective order suit is a separate action and therefore this request in the modification suit is improper. Objection is made to the production request to the extent it subjects Respondent to undue burden, unnecessary expense, harassment, or annoyance, Tex. R. Civ. P. 192.6(b). Deficiency: 1. There is no legal basis for the objections asserted in these requests. Tex. R. Civ. P, 193.2(c). In your objection you indicate ”The protective order suit is a 106 Guenther Street + Sugar Land, Texas 77478 ¢ Telephone: (281) 265-4111 Facsimile: (281) 265-4101 ¢ mz@mzfamily,com. separate action and therefore this request in the modification suit is improper.” However, because the Protective Order was filed by your office under the same cause number, this request is not improper. Please withdraw your objections and produce all documents responsive to this request in accordance with the Texas Rules of Civil Procedure for the time period requested by the end of the day on December 12, 2022. This letter shall serve aa a Certificate of Conference under Local Rule 5.1.2. Regards, Marlene smeister ce, Lori Kern Client 106 Guenther Street # Sugar Land, Texas 77478 + Telephone: (281) 265-4111 ¢ Vacstmile: (281) 265-4101 mz®mzfamily.com