Party Discovery: RODRIGUEZ, MARIA DOLORES LOPEZ vs. PEREZ, JOSE RAFAEL

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                                CAUSE NO.

 MARIA DOLORES                                                         IN THE DISTRICT COURT
 LOPEZ RODRIGUEZ
   Plaintiff

                                                                           JUDICIAL DISTRICT

 JOSE RAFAEL PEREZ
   Defendant                                                    OF HARRIS COUNTY, TEXAS


                           EFENDANT    ESPONSE IN PPOSITION TO
                     LAINTIFF    OTION TO OMPEL           OSITION OF
                    OSE AFEL EREZ     OTION TO OMPEL ISCOVERY
                                   OTION FOR ANCTIONS



       COMES NOW, Defendant Jose Rafael Perez, Defendant herein, who files this, its

Response in Opposition to Plaintiff s Motion to Compel Oral Deposition of Jose Rafel Perez,

Motion to Compel Discovery, and Motion for Sanctions, and in support thereof, respectfully shows

unto this Honorable Court



               Plaintiff files the instant Motion based upon alleged    inadequate initial disclosures

and a failure to provide deposition dates

               Relative to Defendant s disclosures, Plaintiff alleges that individuals with relevant

knowledge        m they identify, were left off of Defendant s required disclosures. Defendant does

not believe the individuals identified in Plaintiff s motion have knowledge of relevant facts as to

the allegations contained in Plaintiff s live leading. Defendant s disclosures sufficiently list the

people whom Defendant believe have knowledge of relevant facts. To the extent Plaintiff believes

the people identified in its motion have knowledge of relevant facts, those individuals should be

identified on Plaintiff s disclosures.
         3.      Next, Plaintiff alleges that Defendant has failed to cooperate in scheduling

Defendant’s deposition. Plaintiff’s motion is misleading.

         4.      On November 15, 2023, counsel for Plaintiff requested deposition dates of

Defendant. Those dates were provided to Plaintiff’s counsel the next day on November 16, 2023.

See Exhibit 1.

         5.      Plaintiff confirmed the deposition for December 27th.        See Exhibit 2.     This

deposition was ultimately cancelled by Plaintiff. See Exhibit 3.

         6.      Plaintiff against requested deposition dates. In response to those request for dates,

Counsel for Defendant notified Plaintiff that they were withdrawing as counsel and wanted to

confer with him on that issue. See Exhibit 4.           That same day, after sending the notice of

withdrawal, Plaintiff unilaterally noticed Defendant’s deposition, which Defendant was forced to

quash.

                                                  II.

         7.      Counsel for Defendant has filed a motion to withdraw as counsel, which is currently

set for an oral hearing on Monday, June 10, 2024 at 10:15 a.m.

                                                 III.

         WHEREFORE, PREMISES CONSIDERED, Defendant prays this court DENY

Plaintiff’s Motion to Compel and Motion for Sanctions, and for such and further relief, both in law

and equity to which he has shown himself justly entitled.


                                                        Respectfully submitted,

                                                        HENDERSHOT COWART P.C.

                                                        /s/ Simon W. Hendershot, III
                                                        SIMON W. (TREY) HENDERSHOT, III
                                                        SBN: 09417200



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                                                     trey@hchlawyers.com
                                                     RAYMOND L. PANNETON
                                                     SBN: 24082079
                                                     rpanneton@hchlawyers.com
                                                     1800 Bering Drive, Suite 600
                                                     Houston, Texas 77057
                                                     Telephone: (713) 783-3110
                                                     Facsimile: (713) 783-2809
                                                     ATTORNEYS FOR DEFENDANT



                                   CERTIFICATE OF SERVICE

       I hereby certify that on the 24th day of May 2024, a true and correct copy of the foregoing,
was served on:

        Via E-Filing Manager
        Abraham O. Hernandez
        SBN: 24109996
        Hernandez@SHoffices.law
        Divjyot Singh
        SBN: 24110368
        Singh@SHoffices.law
        The Law Offices of Singh & Hernandez, PLLC
        2990 Richmond Avenue, Suite 205
        Houston, Texas 77098
        Telephone: (281) 429-8792
        Facsimile: (832) 203-8494


                                                     /s/ Simon W. Hendershot, III
                                                     Simon W. Hendershot, III




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