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Filed March 28, 2016
Lois Rogers, District Clerk
7th District Court
Cockrum, Terry
CAUSE NO. 15-0678-A
KAY S. BRACKEN, K.S. BRACKEN § IN THE DISTRICT COURT
FAMILY LIMITED PARTNERSHIP, §
AND PEROT MINERALS, LTD., §
§
Plaintiffs, §
§
V. §
§ OF SMITH COUNTY, TEXAS
LARRY S. LOTT d/b/a LARRY LOTT §
INTERIORS, CHALEY MCCAIN, §
WOLDERT-MCCAIN REALTORS, LLC §
d/b/a RE/MAX TYLER previously §
identified as “THE MCCAIN TEAM- §
RE/MAX TYLER,” and MCCAIN §
REALTY, LLC d/b/a MCCAIN §
REALTY, §
§
Defendants. § 7th JUDICIAL DISTRICT
ORDER GRANTING PLAINTIFFS’ SECOND MOTION TO COMPEL AGAINST
LARRY S. LOTT d/b/a LARRY LOTT INTERIORS;
PLAINTIFFS’ FIRST MOTION TO COMPEL AGAINST CHALEY
MCCAIN, WOLDERT-MCCAIN REALTORS, LLC d/b/a RE/MAX TYLER and
MCCAIN REALTY, LLC d/b/a MCCAIN REALTY; and
PLAINTIFFS’ FIRST MOTION FOR CONTINUANCE
On March 28
____________________, 2016, Plaintiffs Kay S. Bracken, K.S. Bracken Family
Limited Partnership, and Perot Minerals, Ltd.’s (a) Second Motion to Compel against Defendant
Larry S. Lott d/b/a Larry Lott Interiors; (b) First Motion to Compel Against Chaley McCain,
Woldert-McCain Realtors, LLC d/b/a Re/Max Tyler, and McCain Realty, LLC d/b/a McCain
Realty; and (c) First Motion for Continuance were considered by the Court. After considering
/lack of
the motions, the responses, evidence presented, and hearing the arguments of counsel, it
appears to the Court that the m otions should be granted.
1
IT IS, THEREFORE, ORDERED that, Defendant Larry S. Lott d/b/a Larry Lott
Interiors’ objections to Plaintiffs’ requests for production numbers 11, 12, 16, 18, and 25 are
expressly overruled.
April 18
IT IS FURTHER ORDERED that on or before , 2016,
Defendant Larry S. Lott d/b/a Larry Lott Interiors shall supplement his discovery responses and
produce the following:
All reports that Defendant Larry S. Lott d/b/a Larry Lott Interiors filed with the
state comptroller’s office to report sales taxes collected from the Plaintiffs in
this cause.
Documents (such as checks, banking records, etc.) proving what amounts of
money Defendant Larry S. Lott d/b/a Larry Lott Interiors actually paid to the
State of Texas or the State Comptroller’s Office as sales taxes collected from
the Plaintiffs in this cause.
Copies of bank statements, deposits and cancelled checks for any and all bank
accounts for which Defendant Larry S. Lott d/b/a Larry Lott Interiors has
signature authority for the period July 1, 2012, thru December 31, 2014,
including, but not limited to, those styled “Larry Lott” and “Larry Lott
Interiors.” This production should specifically include the entire bank
statements during this time period for Citizens National Bank account numbers
ending 1652 and 5912.
To the extent that they exist, the supporting vendor invoices responsive to
Plaintiffs’ request for production number 27 and which are identified in Robert
Bailes and Nicholas Burkett’s spreadsheet attached as Exhibit “D” to
2
Plaintiffs’ Second Motion to Compel against Defendant Larry S. Lott d/b/a
Larry Lott Interiors.
IT IS FURTHER ORDERED that on or before April 18 , 2016,
Defendants Chaley McCain, Woldert-McCain Realtors, LLC d/b/a Re/Max Tyler, and McCain
Realty, LLC d/b/a McCain Realty shall supplement their discovery responses and produce copies
of any insurance policy or policies that may in any way cover the claims made by Plaintiffs in this
lawsuit in accordance with Rules 194.2(g) and 192.3(f) of the Texas Rules of Civil Procedure,
including, but not limited to, the policy or policies underwritten or administered by “Specialty
Claims.”
In accordance with Texas Rule of Civil Procedure 215.1(d), the Court awards Plaintiffs
attorney’s fees and court costs against Defendant Larry S. Lott d/b/a Larry Lott Interiors in the
amount of 750.00
$__________ for Plaintiffs’ counsel’s work in preparing and presenting Plaintiffs’
Second Motion to Compel, and for obtaining the relief contained in this order concerning
Plaintiffs’ Second Motion to Compel. The Court finds such attorney’s fees to be reasonably and
necessary. Such money, along with the previously ordered $750.00 in attorney’s fees, shall be paid
on or before April 18 , 2016.
IT IS FURTHER ORDERED that Plaintiffs’ First Motion for Continuance is
GRANTED. The Court will sign an amended Pre-Trial Docket Control Scheduling Order
extending the discovery deadline in this case for at least six (6) months and reset the trial of this
matter and the remaining deadlines that had not yet expired at the time that Plaintiffs filed their
motion seeking a continuance.
3
SIGNED March 28 , 2016.
HONORABLE KERRY L. RUSSELL,
Presiding Judge, 7 th Judicial District Court
Smith County, Texas
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Filed March 28, 2016 Lois Rogers, District Clerk 7th District Court Cockrum, Terry CAUSE NO. 15-0678-A KAY S. BRACKEN, K.S. BRACKEN § IN THE DISTRICT COURT FAMILY LIMITED PARTNERSHIP, § AND PEROT MINERALS, LTD., § § Plaintiffs, § § V. § § OF SMITH COUNTY, TEXAS LARRY S. LOTT d/b/a LARRY LOTT § INTERIORS, CHALEY MCCAIN, § WOLDERT-MCCAIN REALTORS, LLC § d/b/a RE/MAX TYLER previously § identified as “THE MCCAIN TEAM- § RE/MAX TYLER,” and MCCAIN § REALTY, LLC d/b/a MCCAIN § REALTY, § § Defendants. § 7th JUDICIAL DISTRICT ORDER GRANTING PLAINTIFFS’ SECOND MOTION TO COMPEL AGAINST LARRY S. LOTT d/b/a LARRY LOTT INTERIORS; PLAINTIFFS’ FIRST MOTION TO COMPEL AGAINST CHALEY MCCAIN, WOLDERT-MCCAIN REALTORS, LLC d/b/a RE/MAX TYLER and MCCAIN REALTY, LLC d/b/a MCCAIN REALTY; and PLAINTIFFS’ FIRST MOTION FOR CONTINUANCE On March 28 ____________________, 2016, Plaintiffs Kay S. Bracken, K.S. Bracken Family Limited Partnership, and Perot Minerals, Ltd.’s (a) Second Motion to Compel against Defendant Larry S. Lott d/b/a Larry Lott Interiors; (b) First Motion to Compel Against Chaley McCain, Woldert-McCain Realtors, LLC d/b/a Re/Max Tyler, and McCain Realty, LLC d/b/a McCain Realty; and (c) First Motion for Continuance were considered by the Court. After considering /lack of the motions, the responses, evidence presented, and hearing the arguments of counsel, it appears to the Court that the m otions should be granted. 1 IT IS, THEREFORE, ORDERED that, Defendant Larry S. Lott d/b/a Larry Lott Interiors’ objections to Plaintiffs’ requests for production numbers 11, 12, 16, 18, and 25 are expressly overruled. April 18 IT IS FURTHER ORDERED that on or before , 2016, Defendant Larry S. Lott d/b/a Larry Lott Interiors shall supplement his discovery responses and produce the following: All reports that Defendant Larry S. Lott d/b/a Larry Lott Interiors filed with the state comptroller’s office to report sales taxes collected from the Plaintiffs in this cause. Documents (such as checks, banking records, etc.) proving what amounts of money Defendant Larry S. Lott d/b/a Larry Lott Interiors actually paid to the State of Texas or the State Comptroller’s Office as sales taxes collected from the Plaintiffs in this cause. Copies of bank statements, deposits and cancelled checks for any and all bank accounts for which Defendant Larry S. Lott d/b/a Larry Lott Interiors has signature authority for the period July 1, 2012, thru December 31, 2014, including, but not limited to, those styled “Larry Lott” and “Larry Lott Interiors.” This production should specifically include the entire bank statements during this time period for Citizens National Bank account numbers ending 1652 and 5912. To the extent that they exist, the supporting vendor invoices responsive to Plaintiffs’ request for production number 27 and which are identified in Robert Bailes and Nicholas Burkett’s spreadsheet attached as Exhibit “D” to 2 Plaintiffs’ Second Motion to Compel against Defendant Larry S. Lott d/b/a Larry Lott Interiors. IT IS FURTHER ORDERED that on or before April 18 , 2016, Defendants Chaley McCain, Woldert-McCain Realtors, LLC d/b/a Re/Max Tyler, and McCain Realty, LLC d/b/a McCain Realty shall supplement their discovery responses and produce copies of any insurance policy or policies that may in any way cover the claims made by Plaintiffs in this lawsuit in accordance with Rules 194.2(g) and 192.3(f) of the Texas Rules of Civil Procedure, including, but not limited to, the policy or policies underwritten or administered by “Specialty Claims.” In accordance with Texas Rule of Civil Procedure 215.1(d), the Court awards Plaintiffs attorney’s fees and court costs against Defendant Larry S. Lott d/b/a Larry Lott Interiors in the amount of 750.00 $__________ for Plaintiffs’ counsel’s work in preparing and presenting Plaintiffs’ Second Motion to Compel, and for obtaining the relief contained in this order concerning Plaintiffs’ Second Motion to Compel. The Court finds such attorney’s fees to be reasonably and necessary. Such money, along with the previously ordered $750.00 in attorney’s fees, shall be paid on or before April 18 , 2016. IT IS FURTHER ORDERED that Plaintiffs’ First Motion for Continuance is GRANTED. The Court will sign an amended Pre-Trial Docket Control Scheduling Order extending the discovery deadline in this case for at least six (6) months and reset the trial of this matter and the remaining deadlines that had not yet expired at the time that Plaintiffs filed their motion seeking a continuance. 3 SIGNED March 28 , 2016. HONORABLE KERRY L. RUSSELL, Presiding Judge, 7 th Judicial District Court Smith County, Texas 4