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RECORDER'SMEWORAN SY
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CAUSE NO. 2007-73774
HARRY MILLER and TEJAS PACKING § IN THE DISTRICT COURT OF
AND CRATING, L.L.C. §
§
Plaintiff, §
Vv. § HARRIS COUNTY, TEXAS
PAUL K. ARENA, ROBERT BRUCKNER, §
CONTINUUM PARTNERS, L.L.C.,
RICHARD RAIN, DELIVERANCE-PAR
SERVICES, LTD., DR & PA
DELIVERANCE, LTD, RAIN ARENA
ENTERPRISES, LLC, RAIN-ARENA,
L.L.C., and DELIVERANCE-PAR
ACQUISITION, L.P.
Defendants. § 189th JUDICIAL DISTRICT
DEFENDANT RAIN ARENA ENTERPRISES LLC’S FIRST SUPPLEMENTAL
RESPONSE TO PLAINTIFFS’ FIRST SET OF INTERROGATORIES
AND REQUEST FOR PRODUCTION OF DOCUMENTS
TO: Plaintiffs Harry Miller and Tejas Packing and Crating, L.L.C., by and through their
attorney of record, Christopher E. Moore, Coats | Rose, 400 Poydras Street, Suite 1440,
New Orleans, Louisiana 70130.
Defendant Rain Arena Enterprises LLC hereby serves its First Supplemental Response to
Plaintiffs’ First Set of Interrogatories and Request for Production of Documents.
Respectfully submitted,
By: /s/
wane
Tate Goodwin
Katherine T. Mize
TBN: 00784617
Jeanie Tate Goodwin
TBN: 24046949
LEGGE, FARROW, KIMMITT, MCGRATH & BROWN, L.L.P.
6363 Woodway, Suite 400
Houston, Texas 77057
Telephone: (713) 917.0888
Facsimile: (713) 953.9470
EXHIBIT
ATTORNEYS FOR DEFENDANTS
PAUL K, AREANA, ROBERT BRUCKNER,
CONTINUUM PARTNERS, LLC.
RICHARD RAIN, DELIVERANCE-PAR
SERVICES, LTD., DR & PA
DELIVERANCE, LTD., RAIN ARENA
ENTERPRISES, LLC, RAIN-ARENA,
LLC, and DELIVERANCE-PAR
ACQUISITION, LP
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document has been served
on all parties of record on this 10" day of March, 2008 by email, as follows:
Christopher E. Moore
Coats | Rose
400 Poydras Street, Suite 1440
New Orleans, Louisiana 70130
CMoore@coatsrose.com
/s z .
Jeanie Tate Goodwin
GGII356-003 First Supp.Rain Arena Enterprises’ Answer to ROGS and RFP.doc
FIRST SUPPLEMENTAL RESPONSE TO FIRST SET OF INTERROGATORIES
INTERROGATORY NO. 1
Please identify any and all exhibits, recorded statements, and printed or written documents of any
kind on which you may rely as evidence in this case.
OBJECTIONS: Defendant objects to this interrogatory as it is an
improper attempt "to require the responding party to
marshal all of its available proof or the proof the party
intends to offer at trial." TEX. R. CIV. P. 197.1.
INTERROGATORY NO. 2
Please identify any and all printed, written and/or electronic documents, contracts, by-laws, etc.
relating to the sale, asset transfer, purchase or other similar transaction involving Deliverance-
Par Services, Ltd., DR & PA Deliverance, Deliverance-Par Acquisition LP, Continuum Partners,
L.L.C., Rain-Arena, L.L.C. and any other related and/or affiliated entities.
OBJECTIONS: Defendant objects to this interrogatory as it seeks
information that is not relevant and will not lead to the
discovery of admissible evidence. TEX. R. CIV. Pp.
192.3(a). Defendant also objects to the interrogatory
because it is overly broad.
INTERROGATORY NO. 3
Please identify any and all communications made by you and/or your agents, employees,
representatives or any other person acting on your behalf sent to any vendor or customer
regarding Harry Miller’s separation from employment with Deliverance Par Services, Ltd. and/or
Deliverance-Par Acquisition, L.P.
OBJECTIONS: Defendant objects to this interrogatory as it seeks
information that is not relevant and will not lead to the
discovery of admissible evidence. TEX. R. CIV. P.
192.3(a). Plaintiffs’ Original Petition is concerned with
a memorandum addressed to contractors, not vendors
or customers. As such, this interrogatory is an
improper fishing expedition meant to discover
alternative causes of action that Plaintiffs may bring
against Defendants. Defendant also objects to this
interrogatory as unduly burdensome, harassing, or
overbroad. Defendant cannot be expected to remember
every oral conversation which took place after Harry
Miller’s separation. Nor can Defendant account for the
conversations of its agents, employees, and
representatives. Further, to the extent that this
interrogatory calls for Defendant to provide material
GGII356-003 First Supp.Rain Arena Enterprises’ Answer to ROGS and RFP.doc
subject to the attorney-client privilege or the work
product doctrine, those privileges and doctrines are
invoked.
FIRST
SUPPLEMENT: Subject to and without waiving the foregoing
objections, none.
FIRST SUPPLEMENTAL RESPONSE TO FIRST REQUEST FOR PRODUCTION
REQUEST FOR PRODUCTION NO. 1
Please produce any and all documents, records, papers and recordings that are identified in your
answers to the above Interrogatories, or which you consulted, used, referred to or relied upon in
preparing your answers and responses to Plaintiffs’ First Set of Interrogatories and Requests for
Production to Defendant.
OBJECTIONS: Defendant incorporates by reference its objections to
each of the above listed interrogatories.
ANSWER: Without waiving the above objections, none.
REQUEST FOR PRODUCTION NO. 2
Please produce any and all printed, written documents and/or electronic documents, contracts,
by-laws, etc. relating to the sale, asset transfer, purchase or other similar transaction involving
Deliverance-Par Services, Ltd., DR & PA Deliverance, Deliverance Par Acquisition LP,
Continuum Partners, L.L.C., Rain-Arena, L.L.C. and any other related and/or affiliated entities.
OBJECTIONS: Defendant objects to this request as it seeks information
that is not relevant and will not lead to the discovery of
admissible evidence. TEX. R. CIV. P. 192.3(a). Defendant
also objects to this request because it is overly broad.
REQUEST FOR PRODUCTION NO. 3
Please produce any and all documents sent by you or anyone on your behalf to any vendor or
customer of any of the named Defendant entities or individuals regarding Harry Miller’s
separation from employment with Deliverance-Par Services, Ltd. and/or Deliverance-Par
Acquisition, L.P.
OBJECTIONS: Defendant objects to this request as it seeks information
that is not relevant and will not lead to the discovery of
admissible evidence. TEX. R. CIV. P. 192.3(a). Plaintiffs’
Original Petition is concerned with a memorandum
addressed to contractors, not vendors or customers. As
GGII356-003 First Supp.Rain Arena Enterprises' Answer to ROGS and RFP.doc
such, this request is an improper fishing expedition
meant to discover alternative causes of action that
Plaintiffs may bring against Defendants. Further, to the
extent that this request calls for Defendant to provide
material subject to the attorney-client privilege or the
work product doctrine, those privileges and doctrines
are invoked.
FIRST
SUPPLEMENT: Subject to and without waiving the foregoing
objections, none.
GG11356-003 First Supp.Rain Arena Enterprises’ Answer to ROGS and RFP.doc
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—_-_ ROOT] ~~ ~ Ex 8 pe RECORDER'SMEWORAN SY ‘This ‘et instrument the ime isof imaging CAUSE NO. 2007-73774 HARRY MILLER and TEJAS PACKING § IN THE DISTRICT COURT OF AND CRATING, L.L.C. § § Plaintiff, § Vv. § HARRIS COUNTY, TEXAS PAUL K. ARENA, ROBERT BRUCKNER, § CONTINUUM PARTNERS, L.L.C., RICHARD RAIN, DELIVERANCE-PAR SERVICES, LTD., DR & PA DELIVERANCE, LTD, RAIN ARENA ENTERPRISES, LLC, RAIN-ARENA, L.L.C., and DELIVERANCE-PAR ACQUISITION, L.P. Defendants. § 189th JUDICIAL DISTRICT DEFENDANT RAIN ARENA ENTERPRISES LLC’S FIRST SUPPLEMENTAL RESPONSE TO PLAINTIFFS’ FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO: Plaintiffs Harry Miller and Tejas Packing and Crating, L.L.C., by and through their attorney of record, Christopher E. Moore, Coats | Rose, 400 Poydras Street, Suite 1440, New Orleans, Louisiana 70130. Defendant Rain Arena Enterprises LLC hereby serves its First Supplemental Response to Plaintiffs’ First Set of Interrogatories and Request for Production of Documents. Respectfully submitted, By: /s/ wane Tate Goodwin Katherine T. Mize TBN: 00784617 Jeanie Tate Goodwin TBN: 24046949 LEGGE, FARROW, KIMMITT, MCGRATH & BROWN, L.L.P. 6363 Woodway, Suite 400 Houston, Texas 77057 Telephone: (713) 917.0888 Facsimile: (713) 953.9470 EXHIBIT ATTORNEYS FOR DEFENDANTS PAUL K, AREANA, ROBERT BRUCKNER, CONTINUUM PARTNERS, LLC. RICHARD RAIN, DELIVERANCE-PAR SERVICES, LTD., DR & PA DELIVERANCE, LTD., RAIN ARENA ENTERPRISES, LLC, RAIN-ARENA, LLC, and DELIVERANCE-PAR ACQUISITION, LP CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document has been served on all parties of record on this 10" day of March, 2008 by email, as follows: Christopher E. Moore Coats | Rose 400 Poydras Street, Suite 1440 New Orleans, Louisiana 70130 CMoore@coatsrose.com /s z . Jeanie Tate Goodwin GGII356-003 First Supp.Rain Arena Enterprises’ Answer to ROGS and RFP.doc FIRST SUPPLEMENTAL RESPONSE TO FIRST SET OF INTERROGATORIES INTERROGATORY NO. 1 Please identify any and all exhibits, recorded statements, and printed or written documents of any kind on which you may rely as evidence in this case. OBJECTIONS: Defendant objects to this interrogatory as it is an improper attempt "to require the responding party to marshal all of its available proof or the proof the party intends to offer at trial." TEX. R. CIV. P. 197.1. INTERROGATORY NO. 2 Please identify any and all printed, written and/or electronic documents, contracts, by-laws, etc. relating to the sale, asset transfer, purchase or other similar transaction involving Deliverance- Par Services, Ltd., DR & PA Deliverance, Deliverance-Par Acquisition LP, Continuum Partners, L.L.C., Rain-Arena, L.L.C. and any other related and/or affiliated entities. OBJECTIONS: Defendant objects to this interrogatory as it seeks information that is not relevant and will not lead to the discovery of admissible evidence. TEX. R. CIV. Pp. 192.3(a). Defendant also objects to the interrogatory because it is overly broad. INTERROGATORY NO. 3 Please identify any and all communications made by you and/or your agents, employees, representatives or any other person acting on your behalf sent to any vendor or customer regarding Harry Miller’s separation from employment with Deliverance Par Services, Ltd. and/or Deliverance-Par Acquisition, L.P. OBJECTIONS: Defendant objects to this interrogatory as it seeks information that is not relevant and will not lead to the discovery of admissible evidence. TEX. R. CIV. P. 192.3(a). Plaintiffs’ Original Petition is concerned with a memorandum addressed to contractors, not vendors or customers. As such, this interrogatory is an improper fishing expedition meant to discover alternative causes of action that Plaintiffs may bring against Defendants. Defendant also objects to this interrogatory as unduly burdensome, harassing, or overbroad. Defendant cannot be expected to remember every oral conversation which took place after Harry Miller’s separation. Nor can Defendant account for the conversations of its agents, employees, and representatives. Further, to the extent that this interrogatory calls for Defendant to provide material GGII356-003 First Supp.Rain Arena Enterprises’ Answer to ROGS and RFP.doc subject to the attorney-client privilege or the work product doctrine, those privileges and doctrines are invoked. FIRST SUPPLEMENT: Subject to and without waiving the foregoing objections, none. FIRST SUPPLEMENTAL RESPONSE TO FIRST REQUEST FOR PRODUCTION REQUEST FOR PRODUCTION NO. 1 Please produce any and all documents, records, papers and recordings that are identified in your answers to the above Interrogatories, or which you consulted, used, referred to or relied upon in preparing your answers and responses to Plaintiffs’ First Set of Interrogatories and Requests for Production to Defendant. OBJECTIONS: Defendant incorporates by reference its objections to each of the above listed interrogatories. ANSWER: Without waiving the above objections, none. REQUEST FOR PRODUCTION NO. 2 Please produce any and all printed, written documents and/or electronic documents, contracts, by-laws, etc. relating to the sale, asset transfer, purchase or other similar transaction involving Deliverance-Par Services, Ltd., DR & PA Deliverance, Deliverance Par Acquisition LP, Continuum Partners, L.L.C., Rain-Arena, L.L.C. and any other related and/or affiliated entities. OBJECTIONS: Defendant objects to this request as it seeks information that is not relevant and will not lead to the discovery of admissible evidence. TEX. R. CIV. P. 192.3(a). Defendant also objects to this request because it is overly broad. REQUEST FOR PRODUCTION NO. 3 Please produce any and all documents sent by you or anyone on your behalf to any vendor or customer of any of the named Defendant entities or individuals regarding Harry Miller’s separation from employment with Deliverance-Par Services, Ltd. and/or Deliverance-Par Acquisition, L.P. OBJECTIONS: Defendant objects to this request as it seeks information that is not relevant and will not lead to the discovery of admissible evidence. TEX. R. CIV. P. 192.3(a). Plaintiffs’ Original Petition is concerned with a memorandum addressed to contractors, not vendors or customers. As GGII356-003 First Supp.Rain Arena Enterprises' Answer to ROGS and RFP.doc such, this request is an improper fishing expedition meant to discover alternative causes of action that Plaintiffs may bring against Defendants. Further, to the extent that this request calls for Defendant to provide material subject to the attorney-client privilege or the work product doctrine, those privileges and doctrines are invoked. FIRST SUPPLEMENT: Subject to and without waiving the foregoing objections, none. GG11356-003 First Supp.Rain Arena Enterprises’ Answer to ROGS and RFP.doc