On May 23, 2012 a
Motion-Secondary
was filed
involving a dispute between
Siebert, Brenda,
and
Dodson, Speed,
Fitness Contractors,
Kelly Acquisition,
Kelly Acquisition Inc,
Kelly, David,
Kingwood Athletic Club,
Speed Dodson,
Speed Incorporated,
The Fitness Contractors,
for PERSONAL INJ (NON-AUTO)
in the District Court of Harris County.
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CAUSE NO. 2012-30259
BRENDA SIEBERT IN THE DISTRICT COURT OF
v.
KINGWOOD ATHLETIC CLUB,
§
8
§ HARRIS COUNTY, TEXAS
KELLY ACQUISITION, INC., §
§
§
§
§
DAVID KELLY,
THE FITNESS CONTRACTORS, SPEED
INCORPORATED AND
SPEED DODSON
165TH JUDICIAL DISTRICT
ORDE)
The Court, having considered Defendants Kelly Acquisition, Inc. and David Kelly
Emergency Motion to Reconsider the Court’s Order Granting Leave To Take An Out-Of-Time
Deposition of Mr. Steven Miller & Emergency Motion to Strike the Purported Statement of
Steven Miller, the response, and arguments of counsel, if any, is of the opinion that the motion
should be GRANTED. It is therefore
ORDERED, ADJUDGED, and DECREED that Defendants Kelly Acquisition, Inc. and
David Kelly Emergency Motion to Reconsider the Court’s Order Granting Leave To Take An
Out-Of-Time Deposition of Mr. Steven Miller & Emergency Motion to Strike the Purported
Statement of Steven Miller is GRANTED and Plaintiff Brenda Siebert is forbidden from taken
the deposition of Mr. Steven Miller outside the discovery period.
SIGNED this day of 2014
Judge Presiding
15CAUSE NO. 2012-30259
BRENDA SIEBERT IN THE DISTRICT COURT OF
v.
KINGWOOD ATHLETIC CLUB,
8
§
§ HARRIS COUNTY, TEXAS
KELLY ACQUISITION, INC., §
§
§
§
§
DAVID KELLY,
THE FITNESS CONTRACTORS, SPEED
INCORPORATED AND
SPEED DODSON
165TH JUDICIAL DISTRICT
ORDE)
The Court, having considered Defendants Kelly Acquisition, Inc. and David Kelly’s
Emergency Motion To Compel Production of Documents, the response, and arguments of
counsel, if any, is of the opinion that the motion should be GRANTED. It is therefore:
ORDERED, ADJUDGED, and DECREED that Defendants Kelly Acquisition, Inc. and
David Kelly’s Emergency Motion To Compel Production of Documents is GRANTED.
Plaintiff Brenda Siebert is ORDERED to produce to all parties in this matter all
correspondence, e-mails, documents, and other communications she or her counsel sent to Mr.
Steven Miller from 2010 to the present day.
It is further ORDERED that Plaintiff Brenda shall produce to all parties in this matter all
correspondence, e-mails, documents, and other communications Mr. Steven Miller provided to
her or her counsel from 2010 to the present day.
It is further ORDERED that Plaintiff Brenda Siebert shall provide all documents subject
to this order by September 9, 2014. If such documents are not timely provided, leave to take the
deposition of Mr. Steven Miller shall be revoked.
To the extent Plaintiff Brenda Siebert or her counsel exchange further correspondence, e-
mails, documents, or communications with Mr. Steven Miller after the date of this order, the
16plaintiff is ORDERED to produce all such additional documents to all parties within one day of
the documents exchange and before any deposition of Mr. Miller occurs. If such documents are
not timely provided, leave to take the deposition of Mr. Steven Miller shall be revoked.
SIGNED this day of 2014
Judge Presiding
17
Document Filed Date
September 04, 2014
Case Filing Date
May 23, 2012
Category
PERSONAL INJ (NON-AUTO)
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CAUSE NO. 2012-30259 BRENDA SIEBERT IN THE DISTRICT COURT OF v. KINGWOOD ATHLETIC CLUB, § 8 § HARRIS COUNTY, TEXAS KELLY ACQUISITION, INC., § § § § § DAVID KELLY, THE FITNESS CONTRACTORS, SPEED INCORPORATED AND SPEED DODSON 165TH JUDICIAL DISTRICT ORDE) The Court, having considered Defendants Kelly Acquisition, Inc. and David Kelly Emergency Motion to Reconsider the Court’s Order Granting Leave To Take An Out-Of-Time Deposition of Mr. Steven Miller & Emergency Motion to Strike the Purported Statement of Steven Miller, the response, and arguments of counsel, if any, is of the opinion that the motion should be GRANTED. It is therefore ORDERED, ADJUDGED, and DECREED that Defendants Kelly Acquisition, Inc. and David Kelly Emergency Motion to Reconsider the Court’s Order Granting Leave To Take An Out-Of-Time Deposition of Mr. Steven Miller & Emergency Motion to Strike the Purported Statement of Steven Miller is GRANTED and Plaintiff Brenda Siebert is forbidden from taken the deposition of Mr. Steven Miller outside the discovery period. SIGNED this day of 2014 Judge Presiding 15CAUSE NO. 2012-30259 BRENDA SIEBERT IN THE DISTRICT COURT OF v. KINGWOOD ATHLETIC CLUB, 8 § § HARRIS COUNTY, TEXAS KELLY ACQUISITION, INC., § § § § § DAVID KELLY, THE FITNESS CONTRACTORS, SPEED INCORPORATED AND SPEED DODSON 165TH JUDICIAL DISTRICT ORDE) The Court, having considered Defendants Kelly Acquisition, Inc. and David Kelly’s Emergency Motion To Compel Production of Documents, the response, and arguments of counsel, if any, is of the opinion that the motion should be GRANTED. It is therefore: ORDERED, ADJUDGED, and DECREED that Defendants Kelly Acquisition, Inc. and David Kelly’s Emergency Motion To Compel Production of Documents is GRANTED. Plaintiff Brenda Siebert is ORDERED to produce to all parties in this matter all correspondence, e-mails, documents, and other communications she or her counsel sent to Mr. Steven Miller from 2010 to the present day. It is further ORDERED that Plaintiff Brenda shall produce to all parties in this matter all correspondence, e-mails, documents, and other communications Mr. Steven Miller provided to her or her counsel from 2010 to the present day. It is further ORDERED that Plaintiff Brenda Siebert shall provide all documents subject to this order by September 9, 2014. If such documents are not timely provided, leave to take the deposition of Mr. Steven Miller shall be revoked. To the extent Plaintiff Brenda Siebert or her counsel exchange further correspondence, e- mails, documents, or communications with Mr. Steven Miller after the date of this order, the 16plaintiff is ORDERED to produce all such additional documents to all parties within one day of the documents exchange and before any deposition of Mr. Miller occurs. If such documents are not timely provided, leave to take the deposition of Mr. Steven Miller shall be revoked. SIGNED this day of 2014 Judge Presiding 17