Preview
CAUSE NO. 2007-13570
RITA BATES § IN THE DISTRICT COURT OF
VS. § HARRIS COUNTY TEXAS,
2,
wo
CENTERPOINT ENERGY, INC. 334™ JUDICIAL DI TRICE,
co
DEFENDANT'S MOTION TO COMPEL PLAINTIFF TO RESPOND TO DI NDA ’S
INTERROGATORIES AND REQUESTS FOR PRODUCTION =
=
CenterPoint Energy Gas Resources Corporation /d/b/a Centerpoin Enerey
Texas Gas Operations, incorrectly sued as CenterPoint Energy, Inc. (“CentefPoint’),
Defendant, ask this Court to compel Plaintiff, Rita Bates, to fully respond to Defendant's
Interrogatories and Requests for Production.
I
Background
This matter arises from a fire that occurred at Plaintiffs home on or about March
9, 2005. Plaintiff claims the Defendant failed to check for leaks in her gas appliances
before turning on the gas at her home. A minor fire occurred and caused minimal
property damage to the home. No one was physically injured during the fire. Defendant
denies the Plaintiffs claims. Suit was filed on March 9, 2007. Defendant was not
served until May 25, 2007.
On November 6, 2007, Defendant served its First Set of Interrogatories and First
Set of Requests for Production upon Plaintiff. See Exhibit A. Plaintiffs objections
and/or responses to this discovery were due December 10, 2007. However, Plaintiff has
failed to respond to Defendants’ discovery requests. Counsel for Defendant has
contacted counsel for Plaintiff and requested that he provide responses to the
discovery. Despite assurance that answers would be forthcoming, as of the date of this
motion, Defendant has not received any answers or objections to the discovery.
I.
Requestto Compel
Responses to the Interrogatories and Requests for Production are vital to
Defendant's ability to defend the case. The discovery seeks basic information regarding
the plaintiffs claims such as information on damages, legal theories, experts, lay
witnesses, medical expenses, property damage, etc. The information sought is
relevant, discoverable, and necessary to prepare for the trial of this cause currently set
for the two-week period beginning June 23, 2008.
Plaintiff has offered no excuse for failing to respond to the discovery requests.
Pursuant to Texas Rule of Civil Procedure 215.1(b), this Court may compel the Plaintiff
to respond adequately to Defendant's discovery requests. Additionally, by failing to
timely file answers or objections to the discovery sought, Plaintiff has waived and
objections she may have had to the discovery. Texas Rule of Civil Procedure 193(2)(e).
MM.
Prayer
WHEREFORE, PREMISES CONSIDERED, Defendant, CenterPoint Energy Gas
Resources Corporation /d/b/a Centerpoint Energy Texas Gas Operations, incorrectly
sued as CenterPoint Energy, Inc., ask this Court to set this motion for hearing and, after
hearing, compel Plaintiff to respond fully and completely, without objection, to the
interrogatories and requests for production previously served on her through her
counsel of record.
Respectfully Submitted,
DONATO, MINX & BROWN, P.C.
By: Zen
Randy DonateY SBN 05973300
Mark Pickering SBN 00795591
3200 Southwest Freeway, Suite 2310
Houston, Texas 77027
(713) 877-1112
(713) 877-1138 (Facsimile)
ATTORNEYS FOR DEFENDANT
CENTERPOINT ENERGY GAS RESOURCES
CORP, D/B/A CENTERPOINT ENERGY
TEXAS GAS OPERATIONS, INCORRECTLY
SUED AS CENTERPOINT ENERGY, INC.
CERTIFICATE OF CONFERENCE
| have attempted to confer with Plaintiffs counsel in writing and have made a
reasonable effort to reach an agreement about the discovery dispute referenced in this
motion without the necessity of Court intervention.
a
Ro ce
CERTIFICATE OF SERVICE
1 do hereby certify that a true and correct copy of the above and foregoing
document has been forwarded to all counsel of record, by certified mail, return receipt
requested, hand delivery, and/or fax, on this the 4™ of February, 2008.
Mark Pickering
a.at4
DONATO, MINX & BROWN, P.C.
ATTORNEYS AT LAW
3200 Southwest Freeway, Suite 2300
Houston, Texas 77027
www.donatominxbrown.com
Telephone: (713) 877-1112 Facsimile: (713) 877-1138
February 4, 2008
rm
ee
Via Hand Delivery
Theresa Chang
Harris County District Clerk
mm
201 Caroline
Houston, TX 77002
ZL
RE: Cause No.; 2007-13570; Rita Bates v. CenterPoint Energy Inc. In 334" Judijal
District Court of Harris County, Texas
Dear Ms. Chang;
Enclosed please find an original and one copy of the following:
(1) Defendant's Motion to Compel Plaintiff to Respond to Defendant's Interrogatories
and Requests for Production with proposed Order; and,
(2) Notice of Oral hearing
Please file the original into the record and return a file stamped copy to me in the
enclosed self-addressed, postage prepaid envelope.
Thank you for your assistance in this matter.
Sincerely,
DONATO, MINX & BROWN, P.C.
Sharron White
Legal Assistant to Mark R. Pickering
MRP/sw
Enclosures
i
Ti
MEMBER
INTERNATIONAL SOCIETY OF PRIMERUS LAW FIRMS
CAUSE NO. 2007-13570
RITA BATES § IN THE DISTRICT COURT OF
ts me
VS § HARRIS COUNTY TEXAS <3
CENTERPOINT ENERGY, INC § 334™ JUDICIAL DI RICT?
NOTICE OF ORAL HEARING
Please be advised that an Oral Hearing on Defendant's Motion te Cofprel.
Plaintiff to Respond to Defendant's Interrogatories and Requests for Production as been
set in the 334" Judicial District Court of Harris County, Texas on Friday, February 22
2008 at 9:00 a.m
Respectfully Submitted
DONATO, MINX & BROWN, P.C
oy LE] Randy Dona}
Mark Pickeri qf SBN 05973300
SBN 00795591
3200 Southwest Freeway, Suite 2310
Houston, Texas 77027
(713) 877-1112
(713) 877-1138 (Facsimile)
ATTORNEYS FOR DEFENDANT
CENTERPOINT ENERGY GAS RESOURCES
CORP D/B/A CENTERPOINT ENERGY
TEXAS GAS OPERATIONS, INCORRECTLY
SUED AS CENTERPOINT ENERGY, INC.
CERTIFICATE OF SERVICE
| do hereby certify that a true and correct copy of the above and foregoing
document has been forwarded to all counsel of record, by certified mail, return receipt
requested, hand delivery, and/or fax, on this the 4™ of February, 2008.
Kile)
Mark Pickering
Theresa Chang
February 4, 2007
Page 2
Ce: Via Facsimile 281-427-1570
Nicholas Dane Listi
1001 West Baker Road, Suite 201
Baytown, Texas 77521
CAUSE NO. 2007-13570
RITA BATES § IN THE DISTRICT COURT OF
VS. § HARRIS COUNTY TEXAS
CENTERPOINT ENERGY, INC. § 334™ JUDICIAL DISTRICT
ORDER ON DEFENDANT'S MOTION TO COMPEL PLAINTIFF TO RESPO! TO
DEFENDANTS’ INTERROGATORIES AND REQUESTS FOR PRODUCTI
On this day came on to be considered Defendant, CenterPoin nergy ;Gas
es
Resources Corporation /d/b/a Centerpoint Energy Texas Gas Operationss\ noon ty
sued as CenterPoint Energy, !nc.’s (“CenterPoint”) , Motion to Compel Plaintitt $9
Respond to Defendant’s Interrogatories and Requests for Production. \Having
considered the motion, the response, and arguments of counsel, if any, the Court finds
that the motion is meritorious and should be in all things GRANTED. It is therefore,
ORDERED, ADJUDGED and DECREED that Plaintiff, without interposing
objections, will produce all materials in its possession, custody, or control responsive to
Defendant's Requests for Production. These materials must be produced to Defendant
within fifteen (10) business days of the date of this Order. If no such documents are
responsive to the request, Defendants will state so in writing. It is further,
ORDERED, ADJUDGED and DECREED that Plaintiff will fully and completely,
and without interposing objections, respond to Defendant's !Interrogatories within fifteen
(10) business days of the date of this Order.
SIGNED this day of February, 2008.
Presiding Judge
APPROVED AS TO FORM
DONATO, MINX & BROWN, P.C.
By:
Randy Donato SBN 05973300
Mark Pickering SBN 00795591
3200 Southwest Freeway, Suite 2310
Houston, Texas 77027
(713) 877-1112
(713) 877-1138 (Facsimile)
ATTORNEYS FOR DEFENDANT
CENTERPOINT ENERGY GAS
RESOURCES CORP, D/B/A
CENTERPOINT ENERGY TEXAS
GAS OPERATIONS, INCORRECTLY
SUED AS CENTERPOINT ENERGY, INC.
Preview
CAUSE NO. 2007-13570 RITA BATES § IN THE DISTRICT COURT OF VS. § HARRIS COUNTY TEXAS, 2, wo CENTERPOINT ENERGY, INC. 334™ JUDICIAL DI TRICE, co DEFENDANT'S MOTION TO COMPEL PLAINTIFF TO RESPOND TO DI NDA ’S INTERROGATORIES AND REQUESTS FOR PRODUCTION = = CenterPoint Energy Gas Resources Corporation /d/b/a Centerpoin Enerey Texas Gas Operations, incorrectly sued as CenterPoint Energy, Inc. (“CentefPoint’), Defendant, ask this Court to compel Plaintiff, Rita Bates, to fully respond to Defendant's Interrogatories and Requests for Production. I Background This matter arises from a fire that occurred at Plaintiffs home on or about March 9, 2005. Plaintiff claims the Defendant failed to check for leaks in her gas appliances before turning on the gas at her home. A minor fire occurred and caused minimal property damage to the home. No one was physically injured during the fire. Defendant denies the Plaintiffs claims. Suit was filed on March 9, 2007. Defendant was not served until May 25, 2007. On November 6, 2007, Defendant served its First Set of Interrogatories and First Set of Requests for Production upon Plaintiff. See Exhibit A. Plaintiffs objections and/or responses to this discovery were due December 10, 2007. However, Plaintiff has failed to respond to Defendants’ discovery requests. Counsel for Defendant has contacted counsel for Plaintiff and requested that he provide responses to the discovery. Despite assurance that answers would be forthcoming, as of the date of this motion, Defendant has not received any answers or objections to the discovery. I. Requestto Compel Responses to the Interrogatories and Requests for Production are vital to Defendant's ability to defend the case. The discovery seeks basic information regarding the plaintiffs claims such as information on damages, legal theories, experts, lay witnesses, medical expenses, property damage, etc. The information sought is relevant, discoverable, and necessary to prepare for the trial of this cause currently set for the two-week period beginning June 23, 2008. Plaintiff has offered no excuse for failing to respond to the discovery requests. Pursuant to Texas Rule of Civil Procedure 215.1(b), this Court may compel the Plaintiff to respond adequately to Defendant's discovery requests. Additionally, by failing to timely file answers or objections to the discovery sought, Plaintiff has waived and objections she may have had to the discovery. Texas Rule of Civil Procedure 193(2)(e). MM. Prayer WHEREFORE, PREMISES CONSIDERED, Defendant, CenterPoint Energy Gas Resources Corporation /d/b/a Centerpoint Energy Texas Gas Operations, incorrectly sued as CenterPoint Energy, Inc., ask this Court to set this motion for hearing and, after hearing, compel Plaintiff to respond fully and completely, without objection, to the interrogatories and requests for production previously served on her through her counsel of record. Respectfully Submitted, DONATO, MINX & BROWN, P.C. By: Zen Randy DonateY SBN 05973300 Mark Pickering SBN 00795591 3200 Southwest Freeway, Suite 2310 Houston, Texas 77027 (713) 877-1112 (713) 877-1138 (Facsimile) ATTORNEYS FOR DEFENDANT CENTERPOINT ENERGY GAS RESOURCES CORP, D/B/A CENTERPOINT ENERGY TEXAS GAS OPERATIONS, INCORRECTLY SUED AS CENTERPOINT ENERGY, INC. CERTIFICATE OF CONFERENCE | have attempted to confer with Plaintiffs counsel in writing and have made a reasonable effort to reach an agreement about the discovery dispute referenced in this motion without the necessity of Court intervention. a Ro ce CERTIFICATE OF SERVICE 1 do hereby certify that a true and correct copy of the above and foregoing document has been forwarded to all counsel of record, by certified mail, return receipt requested, hand delivery, and/or fax, on this the 4™ of February, 2008. Mark Pickering a.at4 DONATO, MINX & BROWN, P.C. ATTORNEYS AT LAW 3200 Southwest Freeway, Suite 2300 Houston, Texas 77027 www.donatominxbrown.com Telephone: (713) 877-1112 Facsimile: (713) 877-1138 February 4, 2008 rm ee Via Hand Delivery Theresa Chang Harris County District Clerk mm 201 Caroline Houston, TX 77002 ZL RE: Cause No.; 2007-13570; Rita Bates v. CenterPoint Energy Inc. In 334" Judijal District Court of Harris County, Texas Dear Ms. Chang; Enclosed please find an original and one copy of the following: (1) Defendant's Motion to Compel Plaintiff to Respond to Defendant's Interrogatories and Requests for Production with proposed Order; and, (2) Notice of Oral hearing Please file the original into the record and return a file stamped copy to me in the enclosed self-addressed, postage prepaid envelope. Thank you for your assistance in this matter. Sincerely, DONATO, MINX & BROWN, P.C. Sharron White Legal Assistant to Mark R. Pickering MRP/sw Enclosures i Ti MEMBER INTERNATIONAL SOCIETY OF PRIMERUS LAW FIRMS CAUSE NO. 2007-13570 RITA BATES § IN THE DISTRICT COURT OF ts me VS § HARRIS COUNTY TEXAS <3 CENTERPOINT ENERGY, INC § 334™ JUDICIAL DI RICT? NOTICE OF ORAL HEARING Please be advised that an Oral Hearing on Defendant's Motion te Cofprel. Plaintiff to Respond to Defendant's Interrogatories and Requests for Production as been set in the 334" Judicial District Court of Harris County, Texas on Friday, February 22 2008 at 9:00 a.m Respectfully Submitted DONATO, MINX & BROWN, P.C oy LE] Randy Dona} Mark Pickeri qf SBN 05973300 SBN 00795591 3200 Southwest Freeway, Suite 2310 Houston, Texas 77027 (713) 877-1112 (713) 877-1138 (Facsimile) ATTORNEYS FOR DEFENDANT CENTERPOINT ENERGY GAS RESOURCES CORP D/B/A CENTERPOINT ENERGY TEXAS GAS OPERATIONS, INCORRECTLY SUED AS CENTERPOINT ENERGY, INC. CERTIFICATE OF SERVICE | do hereby certify that a true and correct copy of the above and foregoing document has been forwarded to all counsel of record, by certified mail, return receipt requested, hand delivery, and/or fax, on this the 4™ of February, 2008. Kile) Mark Pickering Theresa Chang February 4, 2007 Page 2 Ce: Via Facsimile 281-427-1570 Nicholas Dane Listi 1001 West Baker Road, Suite 201 Baytown, Texas 77521 CAUSE NO. 2007-13570 RITA BATES § IN THE DISTRICT COURT OF VS. § HARRIS COUNTY TEXAS CENTERPOINT ENERGY, INC. § 334™ JUDICIAL DISTRICT ORDER ON DEFENDANT'S MOTION TO COMPEL PLAINTIFF TO RESPO! TO DEFENDANTS’ INTERROGATORIES AND REQUESTS FOR PRODUCTI On this day came on to be considered Defendant, CenterPoin nergy ;Gas es Resources Corporation /d/b/a Centerpoint Energy Texas Gas Operationss\ noon ty sued as CenterPoint Energy, !nc.’s (“CenterPoint”) , Motion to Compel Plaintitt $9 Respond to Defendant’s Interrogatories and Requests for Production. \Having considered the motion, the response, and arguments of counsel, if any, the Court finds that the motion is meritorious and should be in all things GRANTED. It is therefore, ORDERED, ADJUDGED and DECREED that Plaintiff, without interposing objections, will produce all materials in its possession, custody, or control responsive to Defendant's Requests for Production. These materials must be produced to Defendant within fifteen (10) business days of the date of this Order. If no such documents are responsive to the request, Defendants will state so in writing. It is further, ORDERED, ADJUDGED and DECREED that Plaintiff will fully and completely, and without interposing objections, respond to Defendant's !Interrogatories within fifteen (10) business days of the date of this Order. SIGNED this day of February, 2008. Presiding Judge APPROVED AS TO FORM DONATO, MINX & BROWN, P.C. By: Randy Donato SBN 05973300 Mark Pickering SBN 00795591 3200 Southwest Freeway, Suite 2310 Houston, Texas 77027 (713) 877-1112 (713) 877-1138 (Facsimile) ATTORNEYS FOR DEFENDANT CENTERPOINT ENERGY GAS RESOURCES CORP, D/B/A CENTERPOINT ENERGY TEXAS GAS OPERATIONS, INCORRECTLY SUED AS CENTERPOINT ENERGY, INC.