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Filed 10 December 31 A11:41
Chris Daniel - District Clerk
2010-84305 / Court: 157 Harris Count
ED101) 016115022
NO. By: Nelson Cuero
MARIA ELISA MORALES IN THE DISTRICT COURT
Plaintiff,
vi JUDICIAL DISTRICT
NHAT-TU HOANG TRAN
Defendant. OF HARRIS COUNTY, TEXAS
PLAINTIFF’S FIRST SET OF
INTERROGATORIES TO DEFENDANT NHAT-TU HOANG TRAN
TO: Nhat-Tu Hoang Tran, Pro Se
Please take notice that pursuant to Rules 192 and 197 of the Texas Rules of Civil
Procedure, Plaintiff Maria Elisa Morales serves the attached interrogatories to be propounded to
Defendant Nhat-Tu Hoang Tran.
You are hereby instructed to answer the following interrogatories separately, fully, in
writing, and under oath if required by Rule 197.2(d) of the Texas Rules of Civil Procedure. The
answers shall be served upon the undersigned counsel within 50 days after the service of these
interrogatories.
Your failure to make timely answers or objections may subject you to sanctions as
provided in Rule 215 of the Texas Rules of Civil Procedure.
Furthermore, demand is made for the supplementation of your answers to these
interrogatories as required by Rule 193.5 of the Texas Rules of Civil Procedure,
Plaintiff's First Set of Interrogatories to Defendant Tran
D. MILLER & ASSOCIATES, PLLC
bu
Ryan B. Bormaster
SBN: 24026138
10565 Katy Freeway, Ste. 400
Houston, Texas 77024
Tel: (713) 779-3476
Fax: (713) 467-0306
Email: Ryanb@dmillerlaw.com
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
I certify that a true and correct copy of Plaintiff's First Set of Interrogatories to Defendant
Nhat-Tu Hoang Tran was filed with Plaintiff's Original Petition to be served concurrently with
Service of Process on each and every Defendant.
() OA
Ryan B. Bormaster
Plaintiff's First Set of Interrogatories to Defendant Tran
INSTRUCTIONS
In the event Defendant claims that any materials responsive to discovery are confidential
and should be protected from general public disclosure, defense counsel is requested to
contact Plaintiff's counsel in this regard to obtain an agreement as to the terms of a
Protection Order substantially in advance of the discovery due date, so as not to delay
discovery.
In the event there are objections to any of these interrogatories, the objections are to
conform to Tex. R. Civ. P, 193, If the Defendant makes any objection, it is requested to
specifically state the legal or factual basis for the objection and the extent to which it is
refusing to comply with the request, and to respond to that portion of the discovery which
is not subject to such limitations unless it is unreasonable for the Defendant to do so
before obtaining a ruling on the objection.
Some of the interrogatories within this set may ask the Defendant to identify documents.
While a party typically may send no more than twenty five interrogatories to another
party as a matter of right, Tex. R. Civ. P. 190.3(b)(3) excludes from this limitation
interrogatories asking a party to identify or authenticate documents.
If applicable, the responding party may answer an interrogatory by specifying and, if
applicable, producing the business or public records or compilation, abstract or summary
of the records. In this event, the records from which the answer may be derived or
ascertained must be specified in detail to permit the party to locate and identify them as
readily as can the responding party. If the Defendant specifies business records, it must
state a reasonable time and place for examination of the documents. The Defendant must
produce the documents at the time and place stated, unless otherwise agreed by the
parties or ordered by the Court, and must provide the requesting party a reasonable
opportunity to inspect them. The Plaintiff is requesting than any such materials be
produced within the above time period specified for responding to the interrogatories to
Counsel for Plaintiff, Ryan B. Bormaster at 10565 Katy Freeway, Ste. 400, Houston, TX
77024.
For a document that no longer exists or that cannot be located, identify the document,
state how and when it passed out of existence, or when it could no longer be located, and
the reason for the disappearance. Also, identify each and person and/or entity having
knowledge about the disposition or loss of the document, and identify any and all other
document(s) evidencing the lost document’s existence or any facts about the lost
document.
For each document or other requested information that you assert is privileged or for any
other reason excludable from discovery, identify that document or other requested
information. State the specific grounds for the claim of privilege or other ground for
exclusion, Also, for each document, state the date of the document, the name, job title,
Plaintiff's First Set of Interrogatories to Defendant Tran
and address of the person who prepared it; the name, address, and job title of the person
to whom it was addressed or circulated or who saw it; the name, job title, and address of
the person now in possession of the document; and a description of the subject matter of
the document.
DEFINITIONS
The following definitions are applicable to this complete set of discovery. In those instances
where legal terms or phrases are utilized, unless instructed otherwise, the definition of the term is
the same as used in the Texas Pattern Jury Charges, unless superseded by a Texas Supreme
Court holding, in which case the latter definition shall take precedence.
1 “Agreement” means any contract, undertaking, promise, note, agreement or arrangement,
including all amendments, supplements, additions thereto and all changes, cancellations,
revocations, rescissions and terminations.
“AI” means any and all.
The word “and” means “and/or.” The word “or” means “and/or.”
“Communication” means any manner in which the mental processes of one individual are
related to another including, without limitation, any utterance, notation, or statement of
any nature whatsoever, by and to whomsoever made.
“Concerning” or “relating” means, in whole or in part, directly or indirectly, referring to,
relating to, connected with, commenting on, responding to, showing, describing,
analyzing, reflecting, containing, concerning, embodying, identifying, stating, and
constituting.
“Control” when referring to requested information means information of which you have
knowledge, personal or otherwise, or information which you can reasonably obtain.
“Date” means the exact day, month, and year, if ascertainable, or, if not, the best
available approximation.
“Defendant,” as well as a party’s full or abbreviated name or a pronoun referring to a
party, means the party, and where applicable, the party’s agents, representatives, officers,
directors, employees, partners, corporate agents, subsidiaries, affiliates, or any other
person acting in concern with the party or under the party’s control, whether directly or
indirectly, including any attorney.
“Document” means any medium upon which any visual or auditory intelligence or
information can be recorded or retrieved, including but not limited to, any written, typed,
graphic, printed, recorded, transcribed tape, or filmed matter, in its entirety including any
addenda, supplements, amendments, revisions, exhibits and appendices thereto, and in its
Plaintiff's First Set of Interrogatories to Defendant Tran
original form or copies thereof where originals are unavailable, whether identical or non-
identical, together with and including copies bearing notations, memoranda, or other
written information not on the originals, regardless of origin and location. This includes,
but is not limited to, any accounting entry, agreement (and any portion or part thereof in
whatever form), analyses, appointment book, bill, blueprint, book, budget, cable,
calendar, canceled check and check stubs, chart, compact disk or DVD, comparison,
computer data (whether file, financial statement, input or output data, or run), contract
(and any portion or part thereof in whatever form), corporate charter or organizational
document, correspondence, interoffice and intra office communication, data sheet or data
processing card, diary, directive, draft, drawing, engineering diagram, financial
statement, form, graph, index, handwritten note on whatever form or medium, invoice,
investigation, laboratory record, learned treatises, ledger, letter, list, map, medical record
or bill, memorandum (including memorandum or report of a meeting or conversation),
microfiche, microfilm, minutes of meetings, notebook, notes, notes or tape or sound
recordings of any type of conversation or telephone conversation or of meetings or
conferences or individual dictation, notes or tapes or sound recordings of any type of
statement of witnesses or of your employees or agents, order, pamphlet, paper, periodical,
photograph, plans, print, proposal, radiographic study, receipt, record, recording, report
(including draft, preliminary, intermediate, and final reports), review, safety rule or
regulation, safety guideline, safety manual, scientific test or result, sketch, slide,
specifications, speech, study, summary, survey, tabulation, tape, telegram, telex, test
result, testimony and exhibits, time sheet or log, transcript, working paper, videotape,
work sheet, paper or other material including all such defined document submitted to
outside professionals, including but not limited to accountants, architects, engineers, and
safety experts, or submitted by such outside professionals to you, or any other matter,
however produced or reproduced, which is in your possession, custody or control.
10. “Entity” or “entities” includes and is intended to mean any company, firm, non-publicly
traded corporation, association, trust, business trust, partnership, limited partnership,
family limited partnership, limited liability partnership, joint venture, proprietorship, or
any other form of business entity.
11 “File” means any collection or group of documents maintained, held, stored, or used
together, including, without limitation, all collections of documents maintained, held, or
stored in folders, notebooks, or other devices for separating or organizing documents.
1a2. “Identify” or “describe” or “identity of’ when referring to a person, means you must state
the following:
a, The full name.
b The present or last known residential address and residential telephone
number.
The present or last known office address and office telephone number.
The present or last known occupation, job title, employer, and employer's
address.
Plaintiff's First Set of Interrogatories to Defendant Tran
13. “Identify” or “describe” “identity of” when referring to a document, means you must
state the following:
a, The nature of the document (e.g., letter, handwritten note).
b The title or heading that appears on the document.
c The date of the document and the date of each addendum, supplement, or
other addition or change.
d, The identity of the author(s) and of the signer(s) of the document, and of
the person and/or entity on whose behalf or at whose behalf or at whose
request or direction the document was prepared or delivered.
14, “Identify” or “describe” or “identity of” when referring to an entity, means you must state
the following:
a. The full name.
b Any abbreviated name(s).
Cc The agents, representatives, officers, directors, partners, subsidiaries or
affiliates acting for or under the entity’s control.
d The present or last known principle place of business.
€ The address and telephone number of the principle place of business.
f. The state of incorporation.
US “Incident” refers to the collision that occurred on or about August 6, 2010 by and
between the vehicle in which Plaintiff was a driver and Defendant Nhat-Tu Hoang Tran.
16. “Mobile device” means any cellular telephone, satellite telephone, pager, personal digital
assistant, handheld computer, electronic rolodex, walkie-talkie, or any combination of
these devices.
17. “Person” means any natural person, corporation, firm, association, partnership, joint
venture, proprietorship, governmental body, or any other organization, business, or legal
entity, and all predecessors or successors in interest, or the representative of any such
legal entity.
18. Unless otherwise indicated, the use in this request of the term “Plaintiff” means all of the
named plaintiffs, collectively.
19 “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, This extends, not only to
materials in the physical “possession, custody, or control” of the Defendant, but also to
materials in the physical “possession, custody, or control” of the Defendant’s employees,
agents, and joint ventures, with respect to which the Defendant has an equal or superior
right to “possession, custody, or control,” and which, therefore, is in the “possession,
custody or control” of the Defendant.
Plaintiff's First Set of Interrogatories to Defendant Tran
20. “Representative” means any and all agents, employees, servants, officers, directors,
attorneys, or other persons acting or purporting to act on behalf of the person in question.
z21 “Time Period” refers to the time period from January 1, 2009, to the present. The
discovery requested is for documents prepared, received, or generated since January 1,
2009 unless otherwise provided in the request. All requested documents, whenever
actually prepared or generated that relate to this period are to be produced.
22 “Vehicle” means the 2002 silver Lexus $C430, License Plate No DWW566.
23 Unless otherwise indicated, the use in this request of the terms “you” or “your,” means
Defendant, its employer(s), employee(s), principal(s), agent(s), its successors,
predecessors, divisions, subsidiaries, present and former officers, agents, employees, and
all other persons acting on behalf of Defendant or its successors, predecessors, divisions,
and subsidiaries.
Plaintiff's First Set of Interrogatories to Defendant Tran
INTERROGATORIES TO DEFENDANT NHAT-TU HOANG TRAN
1 Please state the full name, address, telephone number, date of birth, driver's license
number, social security number, and occupation of the person answering these
interrogatories.
ANSWER:
2 State the full name, telephone number, address and your immediate supervisor for your
employers for the last ten (10) years. Please indicate if you have held any ownership
interest in this(these) business(es).
ANSWER:
3 State whether you were acting within the course and scope of any employment, service or
agency at the time of the collision, and describe the relationship of the persons involved.
ANSWER:
4 Please state any and all traffic violations you have had in the ten (10) years preceding this
collision. Please indicate if you have had your driving license revoked due to any of
these violations and the period of time your license was revoked.
ANSWER:
2 Please state whether you have had any other motor vehicle accidents in the past ten (10)
years. If so, please list the date and location of such accident, the parties involved and a
factual description of the accident.
ANSWER:
6 List all criminal arrests and/or charges against you, your predecessors, affiliates, or
subsidiaries, or divisions by giving the cause number; identities of all accused; court of
jurisdiction; description of criminal charges; date and place of arrest; plea made; date of
trial and/or plea bargain; whether or not convicted and on what charges; time served; date
of release from confinement; whether or not granted pardon or parole, and if so, date
pardon granted or parole was or will be successfully completed.
ANSWER:
Plaintiff's First Set of Interrogatories to Defendant Tran
Th State in detail what intoxicating beverages, if any, you had consumed and what drugs
and/or medications you had taken for the 24 hour period prior to the collision.
ANSWER:
Do you, your attorneys or investigators or anyone acting on your behalf, have any maps,
charts, diagrams, photographs, videos, motion pictures, and/or recordings taken of the
scene of this incident, or of any of the physical or mechanical objects, or of the person
involved in this incident? If yes, then please indicate your willingness to allow Plaintiff
to inspect and copy or photograph the same.
ANSWER:
Were any tests, inspections or measurements made or taken with respect to the collision
scene or any object involved? If so, please state the name, telephone number, and
address of the person now having custody of any written report concerning each test,
inspection or measurement.
ANSWER:
10. Please state in full detail each and every contention or denial of liability on any claim
made the basis of this suit. Include in your answer:
a. all facts known to you, and all propositions of law that your attorney, or
anyone acting on your behalf or their behalf, which you contend support or
corroborate each such denial;
b the name, business and residence address, and telephone number of each
person known to you who claims to have any knowledge relating to each such
denial of any claim; and
c, the name, business and residence address, and telephone number of the
present custodian of any writings in support of each such denial.
ANSWER:
Plaintiff's First Set of Interrogatories to Defendant Tran
il Do you contend that any personal injuries or damages sustained by Maria Elisa Morales
were caused by an occurrence other than this accident, such as a disease or physical
condition, either before or after the incidents made the basis of this case? If so, describe
in detail such other occurrence, disease, injury or condition.
ANSWER:
12: If you contend that the collision in question was an "unavoidable accident," describe in
detail what you believe to be the cause of the accident, to the exclusion of the conduct of
Maria Elisa Morales.
ANSWER:
13. If you contend that someone else's conduct or something else is the "sole proximate
cause" of the accident in question, describe in detail the identity of that person, or what
exactly caused the collision.
ANSWER
14, Do you intend to attempt to impeach Maria Elisa Morales, or any employee, agent,
representative, attorney or any other natural person or business or legal entity associated
in any way with or acting or purporting to act for or on behalf of Maria Elisa Morales,
with evidence of a criminal conviction, if any, as described in Rule 609 of the Texas
Rules of Evidence? If so, please describe in detail such evidence, giving name of
accused, nature of conviction and charges on which convicted, year of conviction and
whether or not parole has been successfully completed or pardon granted.
ANSWER
15. Were you the operator of a motor vehicle which was involved in a collision on March 26,
2010, the collision made the basis of this lawsuit?
ANSWER:
16. State the name and address of the owner and all occupants of the vehicle which you were
operating at the time of the collision.
ANSWER:
Plaintiff's First Set of Interrogatories to Defendant Tran 10
17. State the make and model of the vehicle you were driving at the time of the collision.
ANSWER:
18. Please state where you had been just prior to the collision, where you were going at the
time of the collision, and the purpose of the trip.
ANSWER:
19; Do you contend that there were any obstructions to visibility for any of the vehicle
operators? If so, indicate what the obstructions were immediately before the collision
and how the obstructions contributed to the collision in question.
ANSWER:
20, Please give a detailed description of exactly how the collision made the basis of the
lawsuit occurred. Please indicate in your description the speed or estimated speed that
the vehicles were traveling at the time of the incident. On the back of this sheet, please
draw a diagram to indicate the location of the accident and the direction that the vehicles
were traveling at the time of the collision.
ANSWER:
21. Please indicate the speed or estimated speed that the vehicles were traveling at the time of
the incident, including your speed at the time of the impact, and if you contend you
applied your brakes prior to impact, and what speed you were traveling prior to applying
your brakes.
ANSWER:
22 Describe any defect that you believe, or have reason to believe, was present in the road or
in the marking or signage on the road that either caused or contributed to the collision in
question.
ANSWER:
Plaintiff's First Set of Interrogatories to Defendant Tran i
23, Describe any belief that you may hold that the weather or a weather condition was a
factor or contributed in any way to the collision in question.
ANSWER:
24. Please describe the nature, length, and the capacity in which you serve within your
relationship with Plath Enterprises, Inc.
ANSWER:
Plaintiff's First Set of Interrogatories to Defendant Tran 122
VERIFICATION
STATE OF TEXAS §
§
COUNTY OF §
BEFORE ME, the undersigned authority, personally Nhat-Tu Hoang Tran, who stated,
upon oath, that the statements made in the foregoing instrument are within her personal
knowledge and are true and correct.
Nhat-Tu Hoang Tran
SUBSCRIBED AND SWORN TO BEFORE ME on , by
Notary Public, State of Texas
Plaintiff's First Set of Interrogatories to Defendant Tran \4
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Filed 10 December 31 A11:41 Chris Daniel - District Clerk 2010-84305 / Court: 157 Harris Count ED101) 016115022 NO. By: Nelson Cuero MARIA ELISA MORALES IN THE DISTRICT COURT Plaintiff, vi JUDICIAL DISTRICT NHAT-TU HOANG TRAN Defendant. OF HARRIS COUNTY, TEXAS PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT NHAT-TU HOANG TRAN TO: Nhat-Tu Hoang Tran, Pro Se Please take notice that pursuant to Rules 192 and 197 of the Texas Rules of Civil Procedure, Plaintiff Maria Elisa Morales serves the attached interrogatories to be propounded to Defendant Nhat-Tu Hoang Tran. You are hereby instructed to answer the following interrogatories separately, fully, in writing, and under oath if required by Rule 197.2(d) of the Texas Rules of Civil Procedure. The answers shall be served upon the undersigned counsel within 50 days after the service of these interrogatories. Your failure to make timely answers or objections may subject you to sanctions as provided in Rule 215 of the Texas Rules of Civil Procedure. Furthermore, demand is made for the supplementation of your answers to these interrogatories as required by Rule 193.5 of the Texas Rules of Civil Procedure, Plaintiff's First Set of Interrogatories to Defendant Tran D. MILLER & ASSOCIATES, PLLC bu Ryan B. Bormaster SBN: 24026138 10565 Katy Freeway, Ste. 400 Houston, Texas 77024 Tel: (713) 779-3476 Fax: (713) 467-0306 Email: Ryanb@dmillerlaw.com ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE I certify that a true and correct copy of Plaintiff's First Set of Interrogatories to Defendant Nhat-Tu Hoang Tran was filed with Plaintiff's Original Petition to be served concurrently with Service of Process on each and every Defendant. () OA Ryan B. Bormaster Plaintiff's First Set of Interrogatories to Defendant Tran INSTRUCTIONS In the event Defendant claims that any materials responsive to discovery are confidential and should be protected from general public disclosure, defense counsel is requested to contact Plaintiff's counsel in this regard to obtain an agreement as to the terms of a Protection Order substantially in advance of the discovery due date, so as not to delay discovery. In the event there are objections to any of these interrogatories, the objections are to conform to Tex. R. Civ. P, 193, If the Defendant makes any objection, it is requested to specifically state the legal or factual basis for the objection and the extent to which it is refusing to comply with the request, and to respond to that portion of the discovery which is not subject to such limitations unless it is unreasonable for the Defendant to do so before obtaining a ruling on the objection. Some of the interrogatories within this set may ask the Defendant to identify documents. While a party typically may send no more than twenty five interrogatories to another party as a matter of right, Tex. R. Civ. P. 190.3(b)(3) excludes from this limitation interrogatories asking a party to identify or authenticate documents. If applicable, the responding party may answer an interrogatory by specifying and, if applicable, producing the business or public records or compilation, abstract or summary of the records. In this event, the records from which the answer may be derived or ascertained must be specified in detail to permit the party to locate and identify them as readily as can the responding party. If the Defendant specifies business records, it must state a reasonable time and place for examination of the documents. The Defendant must produce the documents at the time and place stated, unless otherwise agreed by the parties or ordered by the Court, and must provide the requesting party a reasonable opportunity to inspect them. The Plaintiff is requesting than any such materials be produced within the above time period specified for responding to the interrogatories to Counsel for Plaintiff, Ryan B. Bormaster at 10565 Katy Freeway, Ste. 400, Houston, TX 77024. For a document that no longer exists or that cannot be located, identify the document, state how and when it passed out of existence, or when it could no longer be located, and the reason for the disappearance. Also, identify each and person and/or entity having knowledge about the disposition or loss of the document, and identify any and all other document(s) evidencing the lost document’s existence or any facts about the lost document. For each document or other requested information that you assert is privileged or for any other reason excludable from discovery, identify that document or other requested information. State the specific grounds for the claim of privilege or other ground for exclusion, Also, for each document, state the date of the document, the name, job title, Plaintiff's First Set of Interrogatories to Defendant Tran and address of the person who prepared it; the name, address, and job title of the person to whom it was addressed or circulated or who saw it; the name, job title, and address of the person now in possession of the document; and a description of the subject matter of the document. DEFINITIONS The following definitions are applicable to this complete set of discovery. In those instances where legal terms or phrases are utilized, unless instructed otherwise, the definition of the term is the same as used in the Texas Pattern Jury Charges, unless superseded by a Texas Supreme Court holding, in which case the latter definition shall take precedence. 1 “Agreement” means any contract, undertaking, promise, note, agreement or arrangement, including all amendments, supplements, additions thereto and all changes, cancellations, revocations, rescissions and terminations. “AI” means any and all. The word “and” means “and/or.” The word “or” means “and/or.” “Communication” means any manner in which the mental processes of one individual are related to another including, without limitation, any utterance, notation, or statement of any nature whatsoever, by and to whomsoever made. “Concerning” or “relating” means, in whole or in part, directly or indirectly, referring to, relating to, connected with, commenting on, responding to, showing, describing, analyzing, reflecting, containing, concerning, embodying, identifying, stating, and constituting. “Control” when referring to requested information means information of which you have knowledge, personal or otherwise, or information which you can reasonably obtain. “Date” means the exact day, month, and year, if ascertainable, or, if not, the best available approximation. “Defendant,” as well as a party’s full or abbreviated name or a pronoun referring to a party, means the party, and where applicable, the party’s agents, representatives, officers, directors, employees, partners, corporate agents, subsidiaries, affiliates, or any other person acting in concern with the party or under the party’s control, whether directly or indirectly, including any attorney. “Document” means any medium upon which any visual or auditory intelligence or information can be recorded or retrieved, including but not limited to, any written, typed, graphic, printed, recorded, transcribed tape, or filmed matter, in its entirety including any addenda, supplements, amendments, revisions, exhibits and appendices thereto, and in its Plaintiff's First Set of Interrogatories to Defendant Tran original form or copies thereof where originals are unavailable, whether identical or non- identical, together with and including copies bearing notations, memoranda, or other written information not on the originals, regardless of origin and location. This includes, but is not limited to, any accounting entry, agreement (and any portion or part thereof in whatever form), analyses, appointment book, bill, blueprint, book, budget, cable, calendar, canceled check and check stubs, chart, compact disk or DVD, comparison, computer data (whether file, financial statement, input or output data, or run), contract (and any portion or part thereof in whatever form), corporate charter or organizational document, correspondence, interoffice and intra office communication, data sheet or data processing card, diary, directive, draft, drawing, engineering diagram, financial statement, form, graph, index, handwritten note on whatever form or medium, invoice, investigation, laboratory record, learned treatises, ledger, letter, list, map, medical record or bill, memorandum (including memorandum or report of a meeting or conversation), microfiche, microfilm, minutes of meetings, notebook, notes, notes or tape or sound recordings of any type of conversation or telephone conversation or of meetings or conferences or individual dictation, notes or tapes or sound recordings of any type of statement of witnesses or of your employees or agents, order, pamphlet, paper, periodical, photograph, plans, print, proposal, radiographic study, receipt, record, recording, report (including draft, preliminary, intermediate, and final reports), review, safety rule or regulation, safety guideline, safety manual, scientific test or result, sketch, slide, specifications, speech, study, summary, survey, tabulation, tape, telegram, telex, test result, testimony and exhibits, time sheet or log, transcript, working paper, videotape, work sheet, paper or other material including all such defined document submitted to outside professionals, including but not limited to accountants, architects, engineers, and safety experts, or submitted by such outside professionals to you, or any other matter, however produced or reproduced, which is in your possession, custody or control. 10. “Entity” or “entities” includes and is intended to mean any company, firm, non-publicly traded corporation, association, trust, business trust, partnership, limited partnership, family limited partnership, limited liability partnership, joint venture, proprietorship, or any other form of business entity. 11 “File” means any collection or group of documents maintained, held, stored, or used together, including, without limitation, all collections of documents maintained, held, or stored in folders, notebooks, or other devices for separating or organizing documents. 1a2. “Identify” or “describe” or “identity of’ when referring to a person, means you must state the following: a, The full name. b The present or last known residential address and residential telephone number. The present or last known office address and office telephone number. The present or last known occupation, job title, employer, and employer's address. Plaintiff's First Set of Interrogatories to Defendant Tran 13. “Identify” or “describe” “identity of” when referring to a document, means you must state the following: a, The nature of the document (e.g., letter, handwritten note). b The title or heading that appears on the document. c The date of the document and the date of each addendum, supplement, or other addition or change. d, The identity of the author(s) and of the signer(s) of the document, and of the person and/or entity on whose behalf or at whose behalf or at whose request or direction the document was prepared or delivered. 14, “Identify” or “describe” or “identity of” when referring to an entity, means you must state the following: a. The full name. b Any abbreviated name(s). Cc The agents, representatives, officers, directors, partners, subsidiaries or affiliates acting for or under the entity’s control. d The present or last known principle place of business. € The address and telephone number of the principle place of business. f. The state of incorporation. US “Incident” refers to the collision that occurred on or about August 6, 2010 by and between the vehicle in which Plaintiff was a driver and Defendant Nhat-Tu Hoang Tran. 16. “Mobile device” means any cellular telephone, satellite telephone, pager, personal digital assistant, handheld computer, electronic rolodex, walkie-talkie, or any combination of these devices. 17. “Person” means any natural person, corporation, firm, association, partnership, joint venture, proprietorship, governmental body, or any other organization, business, or legal entity, and all predecessors or successors in interest, or the representative of any such legal entity. 18. Unless otherwise indicated, the use in this request of the term “Plaintiff” means all of the named plaintiffs, collectively. 19 “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, This extends, not only to materials in the physical “possession, custody, or control” of the Defendant, but also to materials in the physical “possession, custody, or control” of the Defendant’s employees, agents, and joint ventures, with respect to which the Defendant has an equal or superior right to “possession, custody, or control,” and which, therefore, is in the “possession, custody or control” of the Defendant. Plaintiff's First Set of Interrogatories to Defendant Tran 20. “Representative” means any and all agents, employees, servants, officers, directors, attorneys, or other persons acting or purporting to act on behalf of the person in question. z21 “Time Period” refers to the time period from January 1, 2009, to the present. The discovery requested is for documents prepared, received, or generated since January 1, 2009 unless otherwise provided in the request. All requested documents, whenever actually prepared or generated that relate to this period are to be produced. 22 “Vehicle” means the 2002 silver Lexus $C430, License Plate No DWW566. 23 Unless otherwise indicated, the use in this request of the terms “you” or “your,” means Defendant, its employer(s), employee(s), principal(s), agent(s), its successors, predecessors, divisions, subsidiaries, present and former officers, agents, employees, and all other persons acting on behalf of Defendant or its successors, predecessors, divisions, and subsidiaries. Plaintiff's First Set of Interrogatories to Defendant Tran INTERROGATORIES TO DEFENDANT NHAT-TU HOANG TRAN 1 Please state the full name, address, telephone number, date of birth, driver's license number, social security number, and occupation of the person answering these interrogatories. ANSWER: 2 State the full name, telephone number, address and your immediate supervisor for your employers for the last ten (10) years. Please indicate if you have held any ownership interest in this(these) business(es). ANSWER: 3 State whether you were acting within the course and scope of any employment, service or agency at the time of the collision, and describe the relationship of the persons involved. ANSWER: 4 Please state any and all traffic violations you have had in the ten (10) years preceding this collision. Please indicate if you have had your driving license revoked due to any of these violations and the period of time your license was revoked. ANSWER: 2 Please state whether you have had any other motor vehicle accidents in the past ten (10) years. If so, please list the date and location of such accident, the parties involved and a factual description of the accident. ANSWER: 6 List all criminal arrests and/or charges against you, your predecessors, affiliates, or subsidiaries, or divisions by giving the cause number; identities of all accused; court of jurisdiction; description of criminal charges; date and place of arrest; plea made; date of trial and/or plea bargain; whether or not convicted and on what charges; time served; date of release from confinement; whether or not granted pardon or parole, and if so, date pardon granted or parole was or will be successfully completed. ANSWER: Plaintiff's First Set of Interrogatories to Defendant Tran Th State in detail what intoxicating beverages, if any, you had consumed and what drugs and/or medications you had taken for the 24 hour period prior to the collision. ANSWER: Do you, your attorneys or investigators or anyone acting on your behalf, have any maps, charts, diagrams, photographs, videos, motion pictures, and/or recordings taken of the scene of this incident, or of any of the physical or mechanical objects, or of the person involved in this incident? If yes, then please indicate your willingness to allow Plaintiff to inspect and copy or photograph the same. ANSWER: Were any tests, inspections or measurements made or taken with respect to the collision scene or any object involved? If so, please state the name, telephone number, and address of the person now having custody of any written report concerning each test, inspection or measurement. ANSWER: 10. Please state in full detail each and every contention or denial of liability on any claim made the basis of this suit. Include in your answer: a. all facts known to you, and all propositions of law that your attorney, or anyone acting on your behalf or their behalf, which you contend support or corroborate each such denial; b the name, business and residence address, and telephone number of each person known to you who claims to have any knowledge relating to each such denial of any claim; and c, the name, business and residence address, and telephone number of the present custodian of any writings in support of each such denial. ANSWER: Plaintiff's First Set of Interrogatories to Defendant Tran il Do you contend that any personal injuries or damages sustained by Maria Elisa Morales were caused by an occurrence other than this accident, such as a disease or physical condition, either before or after the incidents made the basis of this case? If so, describe in detail such other occurrence, disease, injury or condition. ANSWER: 12: If you contend that the collision in question was an "unavoidable accident," describe in detail what you believe to be the cause of the accident, to the exclusion of the conduct of Maria Elisa Morales. ANSWER: 13. If you contend that someone else's conduct or something else is the "sole proximate cause" of the accident in question, describe in detail the identity of that person, or what exactly caused the collision. ANSWER 14, Do you intend to attempt to impeach Maria Elisa Morales, or any employee, agent, representative, attorney or any other natural person or business or legal entity associated in any way with or acting or purporting to act for or on behalf of Maria Elisa Morales, with evidence of a criminal conviction, if any, as described in Rule 609 of the Texas Rules of Evidence? If so, please describe in detail such evidence, giving name of accused, nature of conviction and charges on which convicted, year of conviction and whether or not parole has been successfully completed or pardon granted. ANSWER 15. Were you the operator of a motor vehicle which was involved in a collision on March 26, 2010, the collision made the basis of this lawsuit? ANSWER: 16. State the name and address of the owner and all occupants of the vehicle which you were operating at the time of the collision. ANSWER: Plaintiff's First Set of Interrogatories to Defendant Tran 10 17. State the make and model of the vehicle you were driving at the time of the collision. ANSWER: 18. Please state where you had been just prior to the collision, where you were going at the time of the collision, and the purpose of the trip. ANSWER: 19; Do you contend that there were any obstructions to visibility for any of the vehicle operators? If so, indicate what the obstructions were immediately before the collision and how the obstructions contributed to the collision in question. ANSWER: 20, Please give a detailed description of exactly how the collision made the basis of the lawsuit occurred. Please indicate in your description the speed or estimated speed that the vehicles were traveling at the time of the incident. On the back of this sheet, please draw a diagram to indicate the location of the accident and the direction that the vehicles were traveling at the time of the collision. ANSWER: 21. Please indicate the speed or estimated speed that the vehicles were traveling at the time of the incident, including your speed at the time of the impact, and if you contend you applied your brakes prior to impact, and what speed you were traveling prior to applying your brakes. ANSWER: 22 Describe any defect that you believe, or have reason to believe, was present in the road or in the marking or signage on the road that either caused or contributed to the collision in question. ANSWER: Plaintiff's First Set of Interrogatories to Defendant Tran i 23, Describe any belief that you may hold that the weather or a weather condition was a factor or contributed in any way to the collision in question. ANSWER: 24. Please describe the nature, length, and the capacity in which you serve within your relationship with Plath Enterprises, Inc. ANSWER: Plaintiff's First Set of Interrogatories to Defendant Tran 122 VERIFICATION STATE OF TEXAS § § COUNTY OF § BEFORE ME, the undersigned authority, personally Nhat-Tu Hoang Tran, who stated, upon oath, that the statements made in the foregoing instrument are within her personal knowledge and are true and correct. Nhat-Tu Hoang Tran SUBSCRIBED AND SWORN TO BEFORE ME on , by Notary Public, State of Texas Plaintiff's First Set of Interrogatories to Defendant Tran \4