On September 20, 2019 a
Plaintiffs Motion to Quash Subpoenas - Motion (No Fee)
was filed
involving a dispute between
Phsh Construction, Llc,
Phsh, Llc,
and
The City Of Shenandoah, Texas,
for Other Civil Case >$200,000
in the District Court of Montgomery County.
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Received and E-Filed for Record
10/17/2019 6:36 PM
Melisa Miller, District Clerk
Montgomery County, Texas
Deputy Clerk, Vanessa Medina
CAUSE NO. 19-09-12908
PHSH, LLC AND PHSH § IN THE DISTRICT COURT OF
CONSTRUCTION, LLC §
§
§
V. § MONTGOMERY COUNTY, TEXAS
§
§
THE CITY OF SHENANDOAH, TEXAS § 284TH JUDICIAL DISTRICT
PLAINTIFFS’ MOTION TO QUASH SUBPOENAS
Plaintiffs, PHSH, LLC and PHSH Construction, LLC (“Plaintiffs” or “PHSH”), file this
Motion to Quash Subpoenas served by Defendant, the City of Shenandoah, Texas (“Defendant”
or the “City”), and would respectfully show unto the Court as follows:
ARGUMENT &AUTHORITIES
1. On October 17, 2019—just one day before the hearing on Plaintiffs’ Application
for Temporary Injunction—Defendant served Subpoenas on two non-party financial institutions
without providing any notice to Plaintiffs. 1 Defendant still has not served Plaintiffs with notice of
these two subpoenas or any other subpoenas that may have been issued or served.
2. Pursuant to Rule 176 of the Texas Rules of Civil Procedure, Defendant was
required to serve these subpoenas and provide notice to Plaintiffs within a reasonable time before
compliance. 2 Additionally, pursuant to section 59.006(b)(1) of the Texas Finance Code, requests
for documents must be served on a financial institution at least twenty-four (24) days before the
date of compliance. 3 Defendant has wholly failed to comply with any of these procedural
requirements.
1
See Ex. A.
2
See Tex. R. Civ. P. 176.
3
See Tex. Fin Code § 59.006.
1
3. Moreover, the subpoenas seek highly confidential and sensitive financial
information, which is entirely irrelevant and unduly burdensome to produce. Accordingly, these
subpoenas, and any other subpoenas Defendant has served in clear violation of the Texas Rules of
Civil procedure, should be quashed.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiffs, PHSH, LLC and PHSH
Construction, LLC, respectfully request that the Court grant this Motion, quash the Subpoenas,
and grant Plaintiffs such other and further to which they may be justly entitled.
Respectfully submitted,
By: ______________________________
IAN P. FARIA
Texas Bar No. 24009106
ifaria@bradley.com
JOSEPH R. ANDERSON
Texas Bar No. 24101446
jranderson@bradley.com
600 Travis Street, Suite 4800
Houston, Texas 77002
Telephone: (713) 576-0300
Facsimile: (713) 576-0301
ATTORNEYS FOR PLAINTIFFS
PHSH, LLC AND PHSH
CONSTRUCTION, LLC
2
CERTIFICATE OF SERVICE
The undersigned hereby certifies that, on this 17th day of October, 2019, a true and correct
copy of the foregoing document was served on all counsel and parties of record pursuant to Rule
21a of the Texas Rules of Civil Procedure as indicated below:
Via Email & E-Service:
Mr. William C. Ferebee
STEPTOE & JOHNSON PLLC
10001 Woodloch Forest Dr., Suite 300
The Woodlands, Texas 77380
bill.ferebee@steptoe-johnson.com
/s/ Ian P. Faria
IAN P. FARIA
3
EXHIBIT A
Document Filed Date
October 17, 2019
Case Filing Date
September 20, 2019
Category
Other Civil Case >$200,000
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Received and E-Filed for Record 10/17/2019 6:36 PM Melisa Miller, District Clerk Montgomery County, Texas Deputy Clerk, Vanessa Medina CAUSE NO. 19-09-12908 PHSH, LLC AND PHSH § IN THE DISTRICT COURT OF CONSTRUCTION, LLC § § § V. § MONTGOMERY COUNTY, TEXAS § § THE CITY OF SHENANDOAH, TEXAS § 284TH JUDICIAL DISTRICT PLAINTIFFS’ MOTION TO QUASH SUBPOENAS Plaintiffs, PHSH, LLC and PHSH Construction, LLC (“Plaintiffs” or “PHSH”), file this Motion to Quash Subpoenas served by Defendant, the City of Shenandoah, Texas (“Defendant” or the “City”), and would respectfully show unto the Court as follows: ARGUMENT &AUTHORITIES 1. On October 17, 2019—just one day before the hearing on Plaintiffs’ Application for Temporary Injunction—Defendant served Subpoenas on two non-party financial institutions without providing any notice to Plaintiffs. 1 Defendant still has not served Plaintiffs with notice of these two subpoenas or any other subpoenas that may have been issued or served. 2. Pursuant to Rule 176 of the Texas Rules of Civil Procedure, Defendant was required to serve these subpoenas and provide notice to Plaintiffs within a reasonable time before compliance. 2 Additionally, pursuant to section 59.006(b)(1) of the Texas Finance Code, requests for documents must be served on a financial institution at least twenty-four (24) days before the date of compliance. 3 Defendant has wholly failed to comply with any of these procedural requirements. 1 See Ex. A. 2 See Tex. R. Civ. P. 176. 3 See Tex. Fin Code § 59.006. 1 3. Moreover, the subpoenas seek highly confidential and sensitive financial information, which is entirely irrelevant and unduly burdensome to produce. Accordingly, these subpoenas, and any other subpoenas Defendant has served in clear violation of the Texas Rules of Civil procedure, should be quashed. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiffs, PHSH, LLC and PHSH Construction, LLC, respectfully request that the Court grant this Motion, quash the Subpoenas, and grant Plaintiffs such other and further to which they may be justly entitled. Respectfully submitted, By: ______________________________ IAN P. FARIA Texas Bar No. 24009106 ifaria@bradley.com JOSEPH R. ANDERSON Texas Bar No. 24101446 jranderson@bradley.com 600 Travis Street, Suite 4800 Houston, Texas 77002 Telephone: (713) 576-0300 Facsimile: (713) 576-0301 ATTORNEYS FOR PLAINTIFFS PHSH, LLC AND PHSH CONSTRUCTION, LLC 2 CERTIFICATE OF SERVICE The undersigned hereby certifies that, on this 17th day of October, 2019, a true and correct copy of the foregoing document was served on all counsel and parties of record pursuant to Rule 21a of the Texas Rules of Civil Procedure as indicated below: Via Email & E-Service: Mr. William C. Ferebee STEPTOE & JOHNSON PLLC 10001 Woodloch Forest Dr., Suite 300 The Woodlands, Texas 77380 bill.ferebee@steptoe-johnson.com /s/ Ian P. Faria IAN P. FARIA 3 EXHIBIT A