Preview
FILED
10/4/2021 11:04 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Kevin Molden DEPUTY
CAUSE NO. DC-21-03496
MARILYN WILLIAMS; IN THE DISTRICT COURT OF
Plaintiff,
vs. DALLAS COUNTY, TEXAS
PABLO ROMO, Ill; JRU PROPERTIES,
LLC D/B/A 4 WHEEL DRIVE AUTO;
EUTIQUIO GUIJOZA A/K/A EUTIQUIO
GUIJOSA; AND ELEAZAR
RODRIGUEZ;
Defendants. 411674 JUDICIAL DISTRICT
PLAINTIFF'S MOTION TO COMPEL DISCOVERY RESPONSES FROM
DEFENDANTS PABLO ROMO, III AND JRU PROPERTIES, LLC D/B/A 4 WHEEL
DRIVE AUTO
PLAINTIFF Marilyn Williams files Plaintiff's Motion to Compel Discovery
Responses from Defendants Pablo Romo, Ill and JRU Properties, LLC d/b/a 4 Wheel
Drive Auto and respectfully shows the following:
I
BACKGROUND
Plaintiff brings this lawsuit seeking damages against Defendants for personal
injuries Plaintiff sustained in a motor vehicle collision on or about November 1, 2020.
I.
DISCOVERY RESPONSES SOUGHT
Plaintiff seeks to discover from Defendants Pablo Romo, IIl and JRU Properties,
LLC d/b/a 4 Wheel Drive Auto relevant and necessary information and documents to
PLAINTIFF'S MOTION TO COMPEL DISCOVERY RESPONSES FROM DEFENDANTS PABLO
ROMO, Ill AND JRU PROPERTIES, LLC D/B/A 4 WHEEL DRIVE AUTO — Page 1
properly prosecute Plaintiff's claims and contentions. The information and documents
sought from Defendants are not privileged and are relevant to the subject matter of this
pending suit.
Defendants Pablo Romo, Ill and JRU Properties, LLC d/b/a 4 Wheel Drive Auto’s
responses are attached as Exhibit “A” and Exhibit “B” and made a part hereof for all
pertinent purposes. The specific responses that are the subject of this Motion to Compel
are listed below:
DOCUMENT NUMBERED REQUEST
ee —_|
EXHIBIT “A”:
Defendant Pablo Romo, III's Objections and
Responses to Plaintiffs First Request for
Production
EXHIBIT “B”: 1, 10, 18, 20, 24, 36, 37, 38, 41, 42,
Defendant JRU Properties, LLC d/b/a 4 Wheel 43, 44, 45, and 46
Drive Auto’s Objections and Responses to
Plaintiff's First Request for Production
Defendants failed to adequately respond to and/or supplement those requests
set out above.
Ul.
RELIEF REQUESTED
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that this motion be
set for hearing, that upon final hearing hereof, this Honorable Court order Defendants to
respond to the discovery requests set out above, produce the requested information
and documents within ten (10) days from the date of this Court’s order, and for such
PLAINTIFF'S MOTION TO COMPEL DISCOVERY RESPONSES FROM DEFENDANTS PABLO
ROMO, Ill AND JRU PROPERTIES, LLC D/B/A 4 WHEEL DRIVE AUTO — Page 2
other and further relief, both general and special, at law and in equity, to which Plaintiff
may show herself to be justly entitled.
CERTIFICATE OF CONFERENCE
Counsel for movant and counsel for respondent have personally conducted a
conference at which there was a substantive discussion of every item presented to the
Court in this motion and despite best efforts the counsel have not been able to resolve
those matters presented.
Certified to the 20'" day of September, 2021
/s/ Lauren Jobin
Lauren Jobin
Respectfully submitted,
WITHERITE LAW GROUP, PLLC
BY. /s/ Lauren Jobin
LAUREN JOBIN
State Bar No. 24081263
lauren.jobin@witheritelaw.com
SHELLY GRECO
State Bar No. 24008168
shelly.greco@witheritelaw.com
10440 N. Central Expressway
Suite 400
Dallas, TX 75231-2228
214/378-6665
214/378-6670 (fax)
ATTORNEYS FOR PLAINTIFF
PLAINTIFF'S MOTION TO COMPEL DISCOVERY RESPONSES FROM DEFENDANTS PABLO
ROMO, Ill AND JRU PROPERTIES, LLC D/B/A 4 WHEEL DRIVE AUTO — Page 3
CERTIFICATE OF SERVICE
| hereby certify that a true and correct copy of the foregoing has been forwarded
to all counsel of record on this 4" day of October, 2021, pursuant to the Texas Rules of
Civil Procedure.
/s/ Lauren Jobin
Lauren Jobin
Mark Teague
The LeCrone Law Firm, P.C.
Wall Street Plaza
123 N. Crockett Street, Suite 200
Sherman, Texas 75090
PLAINTIFF'S MOTION TO COMPEL DISCOVERY RESPONSES FROM DEFENDANTS PABLO
ROMO, Ill AND JRU PROPERTIES, LLC D/B/A 4 WHEEL DRIVE AUTO — Page 4
Exhibit A
OBJECTIONS AND RESPONSES TO REQUEST FOR PRODUCTION
Defendant objects to the definitions and instructions portion of Plaintiff's discovery
directed to it for reason that, said definitions and instructions are overly broad, vague, and
substantially increase the burden placed upon this party beyond that which is mandated by the
TEXAS RULES OF CIVIL PROCEDURE concerning discovery. Further, said definitions and
instructions as phrased are overly broad, vague, and constitute a fishing expedition on the part of
Plaintiff. Said definitions and instructions are so broad as to potentially violate the attorney client
privilege, party communications privilege, work product privilege, and investigative privilege.
Subject to the above and foregoing objections, and without waiving same, Defendant would
tespond as follows.
REQUEST FOR PRODUCTION NO. 1: Correspondence: Please produce all correspondence
between Plaintiff and you and/or your agents.
RESPONSE: Defendant objects to this request for the reason that it is unduly burdensome in that
it requests documents or information equally available to both parties. Defendant asserts a claim
of privilege to this discovery request because this request seeks information protected from
discovery by the work product privilege provided by Rule 192.5(a)(1)(2), (b)(1) of the TEXAS
RULES OF CIVIL PROCEDURE and the lawyer-client privilege as set out by Rule 503 of the TEXAS
RULES OF CIVIL EVIDENCE.
REQUEST FOR PRODUCTION NO. 2: Photographs, slides. videotapes: All photographs,
slides, videotapes and/or motion pictures which are in any way relevant to Plaintiff’s causes of
action and Defendant’s defenses.
RESPONSE: See photos (Romo 0002 — Romo 0070).
REQUEST FOR PRODUCTION NO. 3: Correspondence/Emails/Letters Between Plaintiff
and_Defendant: Correspondence between you and/or your employees, agents, or servants
regarding anything related to the incident in question, no matter how remote. Also produce all
correspondence between Defendant and Plaintiff. This request includes emails and handwritten
notes.
RESPONSE: Defendant objects to this request for the reason that it is unduly burdensome in that
it requests documents or information equally available to both parties.
REQUEST FOR PRODUCTION NO. 4: Statements of Plaintiff: Written, taped or transcribed
statements from the Plaintiff or any agent, servant, employee, or representative of any Plaintiff
named herein, which concerns the subject matter of this lawsuit, or the incident in question.
RESPONSE: Defendant objects that this request exceeds the scope of TEXAS RULE OF CIVIL
PROCEDURE 192.3(h). Subject to and without waiving the foregoing objections, Defendant agrees
to provide all statements made by Plaintiff pursuant to TEXAS RULE OF CIVIL PROCEDURE 192.3(h).
Defendant is not in possession of documents responsive to this request at this time.
DEFENDANT PABLO ROMO, III’S OBJECTIONS AND RESPONSES TO PLAINTIFF’S FIRST REQUEST FOR
PRODUCTION Page 3
10000.1012/MAT-trb
Exhibit B
OBJECTIONS AND RESPONSES TO REQUEST FOR PRODUCTION
Defendant objects to the definitions and instructions portion of Plaintiff's discovery
directed to it for reason that, said definitions and instructions are overly broad, vague, and
substantially increase the burden placed upon this party beyond that which is mandated by the
TEXAS RULES OF CIVIL PROCEDURE concerning discovery. Further, said definitions and
instructions as phrased are overly broad, vague, and constitute a fishing expedition on the part of
Plaintiff. Said definitions and instructions are so broad as to potentially violate the attorney client
privilege, party communications privilege, work product privilege, and investigative privilege.
Subject to the above and foregoing objections, and without waiving same, Defendant would
tespond as follows.
REQUEST FOR PRODUCTION NO. 1: All agreements and contracts between all persons,
corporations or other entities regarding indemnification for damages arising out of personal injury
claims, including the incident in question, occurring at the site in question.
RESPONSE: Defendant objects to this request for the reason that it is global, overly broad and
harassing. Defendant objects to this request for the reason that it is vague and ambiguous. Subject
to and without waiving the foregoing objections, see Confirmation of Coverage (Romo 0001).
REQUEST FOR PRODUCTION NO. 2: All photographs, negatives not yet printed onto
photographic papers, slides, pictures, drawings, videotapes, sketches, newspaper articles, or any
other depiction of any kind of the area of occurrence. You are to provide true reproductions of all
such items; a photocopy is not acceptable. A compact disc containing electronic versions of
photographs is acceptable and Plaintiff will pay reasonable reproduction costs for such discs.
RESPONSE: See certified police report (Romo 0081 Romo 0085).
REQUEST FOR PRODUCTION NO. 3: Identify and produce any and all excess or umbrella
insurance policies or documents or memorandum evidencing the existence of insurance in effect
on the date of the occurrence made the basis of this lawsuit.
RESPONSE: Defendant is not in possession of documents responsive to this request at this time.
REQUEST FOR PRODUCTION NO. 4: Copies of all investigation reports or other writings
telated to the investigation of the incident in question, including witness statements and
conclusions, conducted and/or prepared before the commencement of the above-entitled cause of
action.
RESPONSE: See certified police report (Romo 0081 — Romo 0085).
REQUEST FOR PRODUCTION NO. 5: Please produce the Plaintiff's Original Petition, last
amended petition, answer, and judgment and/or compromise settlement agreement in any case,
arising out of the operation of the operation of a motor vehicle, including vehicles owned, leased,
or controlled by you or vehicles operated by Defendant's employees, agents, servants, independent
contractors, and/or sub-contractors, for the last ten (10) years.
DEFENDANT JRU PROPERTIES, LLC DBA 4 WHEEL DRIVE AUTO’S OBJECTIONS AND RESPONSES TO
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION Page 3
10000.1012/MAT-trb
RESPONSE: Defendant objects to this request for the reason that it is unduly burdensome in that
it requests documents or information equally available to both parties. Defendant objects that this
request is overly broad, unduly burdensome and not appropriately limited in time, scope or subject
matter. Subject to and without waiving the foregoing objections, none that I recall.
REQUEST FOR PRODUCTION NO. 6: Please produce all documents that include any
testing, maintenance, or inspection of the vehicle in question that was involved in the incident
made the basis of this lawsuit for a period of one year before and three months after the date in
question.
RESPONSE: Defendant objects to this request for the reason that it seeks information neither
relevant nor reasonably calculated to lead to the discovery of admissible evidence. Defendant
objects that this request is overly broad, unduly burdensome and not appropriately limited in time,
scope or subject matter. Subject to and without waiving the foregoing objections, Defendant is
not in possession of documents responsive to this request at this time.
REQUEST FOR PRODUCTION NO. 7: All documents evidencing other vehicular collisions,
accidents, incidents, and/or occurrences involving vehicles owned and/or operated by Defendant
or its employees for a period of five (5) years before the occurrence in question.
RESPONSE: Defendant objects to this request for the reason that it seeks information neither
televant nor reasonably calculated to lead to the discovery of admissible evidence. Subject to and
without waiving the foregoing objections, Defendant is not in possession of documents responsive
to this request at this time.
REQUEST FOR PRODUCTION NO. 8: The complete and unaltered personnel file of Pablo
Romo,
RESPONSE: Defendant is not in possession of documents responsive to this request at this time.
REQUEST FOR PRODUCTION NO. 9: A copy of the job description of the position(s) that
Pablo Romo, III was hired, employed, and/or required to perform while in the course and scope of
his employment, affiliation and/or association with Defendant.
RESPONSE: None.
REQUEST FOR PRODUCTION NO. 10: All timesheets and payroll records relating to Pablo
Romo, III that indicate the dates worked, locations of performance of such labor, and reason for
such compensation or remuneration for which he was paid wages, compensation, remuneration,
and/or salary for a period of one year before and three months after the date in question.
RESPONSE: Defendant objects to this request for the reason that it seeks information neither
televant nor reasonably calculated to lead to the discovery of admissible evidence. Defendant
objects that this request is overly broad, unduly burdensome and not appropriately limited in time,
scope or subject matter.
REQUEST FOR PRODUCTION NO. 11: A photocopy of the title of the vehicle in question
that was involved in the accident made the basis of this lawsuit.
DEFENDANT JRU PROPERTIES, LLC DBA 4 WHEEL DRIVE AUTO’S OBJECTIONS AND RESPONSES TO
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION Page 4
10000.1012/MAT-trb
(Tex. 1987); Ballew v. State, 640 S.W.2d 237 (Tex.Crim.App. 1980); United States v. Nobles, 422
U.S. 225, 238-239 (1975); Hickman v. Taylor, 329 U.S. 495 [67 S. Ct. 385, 91 L. Ed. 451] (1947).
REQUEST FOR PRODUCTION NO. 18: A list of all drivers operating vehicles owned or
controlled by Defendant for a period of six (6) months prior to the date in question.
RESPONSE: Defendant objects to this request for the reason that it seeks information neither
relevant nor reasonably calculated to lead to the discovery of admissible evidence. Defendant
objects to this request for the reason that it seeks to invade Defendant's right to privacy as
guaranteed by the Texas and United States Constitutions.
REQUEST FOR PRODUCTION NO. 19: Any policies relating to accident investigation or
accident reporting that you have in place for your drivers now or at the time of the occurrence in
question.
RESPONSE: Defendant is not in possession of documents responsive to this request at this time.
REQUEST FOR PRODUCTION NO. 20: All items, materials or written documentation
removed from the vehicle in question following the incident in question by any person, including
Defendants' attorneys and/or insurance representatives.
RESPONSE: Defendant objects to this request for the reason that it seeks information neither
relevant nor reasonably calculated to lead to the discovery of admissible evidence.
REQUEST FOR PRODUCTION NO. 21: All memorandum or other similar documentation
sent to Pablo Romo, III and any/all other drivers regarding driving safely.
RESPONSE: Defendant is not in possession of documents responsive to this request at this time.
REQUEST FOR PRODUCTION NO. 22: All documents reflecting company policies and
procedures relating to safety, motor vehicle safety, vehicle inspection, driver standards and hiring
tequirements.
RESPONSE: Defendant is not in possession of documents responsive to this request at this time.
REQUEST FOR PRODUCTION NO. 23: All lease agreements, employment agreements,
independent contractor agreements or any equivalent agreements between you and any other
defendant.
RESPONSE: Defendant is not in possession of documents responsive to this request at this time.
REQUEST FOR PRODUCTION NO. 24: All drug tests or similar toxicology tests
administered to Pablo Romo, III at any time that is in your custody, care or control.
RESPONSE: Defendant invokes the physician/patient privilege provided by Rules 509 and 510
of the TEXAS RULES OF CIVIL EVIDENCE. Subject to and without waiving the foregoing objections,
Defendant is not in possession of documents responsive to this request at this time.
DEFENDANT JRU PROPERTIES, LLC DBA 4 WHEEL DRIVE AUTO’S OBJECTIONS AND RESPONSES TO
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION Page 6
10000.1012/MAT-trb
RESPONSE: Defendant objects to this request for the reason that it seeks to invade Defendant's
right to privacy as guaranteed by the Texas and United States Constitutions. Defendant objects to
this request for the reason that it is overly broad and vague. Defendant objects that this request is
overly broad, unduly burdensome and not appropriately limited in time, scope or subject matter.
REQUEST FOR PRODUCTION NO. 31: All information captured or recorded by any device
or mobile application that captures or records, in any manner, the driving habits of the defendant(s),
including but not limited to speed, braking, position of steering wheel, episodes of hard braking,
routes travelled, the time frame to drive such routes, or any other information related to the
operation of the motor vehicle for the 24 hours prior to the collision through 24 hours after the
collision.
RESPONSE: Defendant is not in possession of documents responsive to this request at this time.
REQUEST FOR PRODUCTION NO. 32: Produce all data collected from all telematics devices
monitoring the commercial vehicle involved in this collision for the 90 days prior to the collision
and the day of the collision.
RESPONSE: Defendant is not in possession of documents responsive to this request at this time.
REQUEST FOR PRODUCTION NO. 33: Produce all documents JRU Properties, LLC d/b/a 4
Wheel Drive Auto has received from HireRight pertaining to Pablo Romo, IIL.
RESPONSE: Defendant is not in possession of documents responsive to this request at this time.
REQUEST FOR PRODUCTION NO. 34: Produce all documents JRU Properties, LLC d/b/a 4
Wheel Drive Auto has received from any company other than HireRight that show or relate to the
Pablo Romo, III's (1) employment history, including, but not limited to, disciplinary actions and
eligibility for rehiring by any employer, (2) drug history, (3) alcohol history, (4) pre-employment
screening, including, but not limited to, screening done by or for the United States Department of
Transportation, (5) criminal records, (6) drug testing, including, but not limited to, drug testing
done by or for the United States Department of Transportation, (7) alcohol testing, including, but
not limited to, alcohol testing done by or for the United States Department of Transportation,
(8) physical examination testing, including, but not limited to, physical examination testing done
by or for the United States Department of Transportation, (9) motor vehicle collision history,
(10) educational background, (11) professional licenses, and/or (12) professional or personal
references.
RESPONSE: Defendant is not in possession of documents responsive to this request at this time.
REQUEST FOR PRODUCTION NO. 35: Please sign and produce the attached release to
HireRight.
RESPONSE: Not applicable.
REQUEST FOR PRODUCTION NO. 36: If the commercial vehicle was equipped with any on-
board audio or video recording or monitoring devices and/or any other driver or driver safety
monitoring system, please produce everything that was retrieved from such devices and systems.
DEFENDANT JRU PROPERTIES, LLC DBA 4 WHEEL DRIVE AUTO’S OBJECTIONS AND RESPONSES TO
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION Page 8
10000.1012/MAT-trb
RESPONSE: Defendant objects that this request is overly broad, unduly burdensome and not
appropriately limited in time, scope or subject matter. Subject to and without waiving the
foregoing objections, Defendant is not in possession of documents responsive to this request at
this time.
REQUEST FOR PRODUCTION NO. 37: Please produce all call, text and data connection
location information from October 3, 2020 through November 3, 2020 associated with the
identified mobile number(s) identified in response to Interrogatories. Including, all specialized
carrier records that may be referred to as RTT (Real Time Tool), PCMD (Per Call Measurement
Data), Network Location Services (NELOS), TrueCall, Mediation Records, e9-1-1, and/or
Historical GPS/Mobile Locate Information which shows GPS location (longitude and latitude) and
Cell-Site and sector of the device in relationship to the network when connected to the network for
the above referenced numbers.
RESPONSE: Defendant objects to this request for the reason that it seeks to invade Defendant's
right to privacy as guaranteed by the Texas and United States Constitutions. Defendant objects to
this request for the reason that it is overly broad and vague. Defendant objects that this request is
overly broad, unduly burdensome and not appropriately limited in time, scope or subject matter.
Subject to and without waiving the foregoing objections, Defendant is not in possession of
documents responsive to this request at this time.
REQUEST FOR PRODUCTION NO. 38: Please produced all records associated with the
phone(s) in your vehicle on November 1, 2020, also include all numbers that communicate with
these listed numbers relating to all delivered and undelivered inbound and outbound calls, text
messages, and text message content to any of the above listed numbers, all voice mail, and all data
connections from October 3, 2020 through November 3, 2020, and to include:
a, Cell-site and sector, date, time, direction, duration, number called or text to and/or
received from, and bytes up/down, information related to each call, text or data
connection, all text message content, and voicemails.
Call to destination/dialed digits search for all numbers listed above. Please preserve
all cell-site and sector information related to each call, text or data connection.
RESPONSE: Defendant objects to this request for the reason that it seeks to invade Defendant's
right to privacy as guaranteed by the Texas and United States Constitutions. Defendant objects to
this request for the reason that it is overly broad and vague. Defendant objects that this request is
overly broad, unduly burdensome and not appropriately limited in time, scope or subject matter.
Subject to and without waiving the foregoing objections, Defendant is not in possession of
documents responsive to this request at this time.
REQUEST FOR PRODUCTION NO. 39: As to each mobile device and/or cellular telephone
identified in response to Interrogatories, produce the following Data Records for thirty (30) days
prior to the date of incident through eight (8) hours subsequent to the subject loss:
a. Item Number;
a. Item Date, Connect Date;
b Item Time, Connect Time;
DEFENDANT JRU PROPERTIES, LLC DBA 4 WHEEL DRIVE AUTO’S OBJECTIONS AND RESPONSES TO
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION Page 9
10000.1012/MAT-trb
Originating Number;
Elapsed Time;
Bytes Up;
Bytes Down;
Access Point;
IP Address In use by the device;
IP Address connected to by the device;
IMEI IMSI;
Access Point/device type;
Description/Company’s description of the transaction;
Cell Location:
Tower number;
i. Transmitter/ Receiver ID;
1 GPS Coordinates; and,
IV. Tower Face.
RESPONSE: Defendant objects to this request for the reason that it seeks to invade Defendant's
right to privacy as guaranteed by the Texas and United States Constitutions. Defendant objects to
this request for the reason that it is overly broad and vague. Defendant objects that this request is
overly broad, unduly burdensome and not appropriately limited in time, scope or subject matter.
Subject to and without waiving the foregoing objections, Defendant is not in possession of
documents responsive to this request at this time.
REQUEST FOR PRODUCTION NO. 40: Please produce all internet access records for the
identified mobile number(s) identified in response to Interrogatories from October 3, 2020 through
November 3, 2020. These records are to include all assigned IP addresses, date, time, duration and
data usage amounts. All IP addresses accessed.
RESPONSE: Defendant objects to this request for the reason that it seeks to invade Defendant's
right to privacy as guaranteed by the Texas and United States Constitutions. Defendant objects to
this request for the reason that it is overly broad and vague. Defendant objects that this request is
overly broad, unduly burdensome and not appropriately limited in time, scope or subject matter.
Subject to and without waiving the foregoing objections, Defendant is not in possession of
documents responsive to this request at this time.
REQUEST FOR PRODUCTION NO. 41: All documents reflecting, or from which could be
derived, the weight being carried by the drive axles of the commercial vehicle on the occasion in
question.
RESPONSE: Defendant is not in possession of documents responsive to this request at this time.
REQUEST FOR PRODUCTION NO. 42: All documents reflecting, or from which could be
derived, the total weight for the commercial vehicle, inclusive of the trailer, if any, on the occasion
in question.
RESPONSE: Defendant is not in possession of documents responsive to this request at this time.
DEFENDANT JRU PROPERTIES, LLC DBA 4 WHEEL DRIVE AUTO’S OBJECTIONS AND RESPONSES TO
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION Page 10
10000.1012/MAT-trb_
REQUEST FOR PRODUCTION NO. 43: A copy of the weight-bill for the cargo being
transported.
RESPONSE: Defendant is not in possession of documents responsive to this request at this time.
REQUEST FOR PRODUCTION NO. 44: All documents reflecting, or from which could be
derived, the weight of the cargo and/or the contents of the trailer, if any, being transported by Pablo
Romo, III at the time of the incident made the basis of this suit.
RESPONSE: Defendant is not in possession of documents responsive to this request at this time.
REQUEST FOR PRODUCTION NO. 45: All documents reflecting, or from which could be
derived, the empty weight for the commercial vehicle, inclusive of the trailer, if any, on the
occasion in question.
RESPONSE: Defendant is not in possession of documents responsive to this request at this time.
REQUEST FOR PRODUCTION NO. 46: All documents reflecting, or from which could be
derived, the empty and gross registered weight for the commercial vehicle, inclusive of the trailer,
if any.
RESPONSE: Defendant is not in possession of documents responsive to this request at this time.
REQUEST FOR PRIVILEGE LOG TO BE ANSWERED
WITHIN 50 DAVS OF SERVICE
Privilege Log: If you are withholding documents based upon the assertion of a privilege, please
produce a privilege log in accordance with Rule 193.3 (b), detailing with reasonable particularity
a description of the documents withheld, the number of documents, and the privilege which you
claim properly precludes the information from being discovered. Specifically do the following:
(a) Detail the privilege asserted;
(b) Provide the title of the document(s) upon which the privilege is asserted;
(©) Provide the general substance of the document(s) upon which you claim there is a
privilege;
(d) Identify the location and custodian of the document(s)
(e) Give a brief description why, in your view, the privilege shields the document from
discovery; and
(6) Bates stamp the documents upon which you claim there is a privilege for in camera
inspection at a later hearing.
RESPONSE: Defendant generally objects to Plaintiff's request for a privilege log with regard to
any information or documentation being withheld by Defendant in that such request is premature
DEFENDANT JRU PROPERTIES, LLC DBA 4 WHEEL DRIVE AUTO’S OBJECTIONS AND RESPONSES TO
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION Page 11
10000.1012/MAT-trb
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Samantha Hanks on behalf of Lauren Jobin
Bar No. 24081263
Samantha.Hanks@witheritelaw.com
Envelope ID: 57836427
Status as of 10/5/2021 2:43 PM CST
Associated Case Party: MARILYN WILLIAMS
Name BarNumber | Email TimestampSubmitted | Status
Samantha Hanks samantha. hanks@witheritelaw.com | 10/4/2021 11:04:48 AM | SENT
Lauren Jobin lauren jobin@witheritelaw.com 10/4/2021 11:04:48 AM | SENT
Associated Case Party: JRU PROPERTIES, LLC
Name BarNumber | Email TimestampSubmitted | Status
Adam LeCrone eservice@lecronelaw.com | 10/4/2021 11:04:48 AM | SENT
Preview
FILED 10/4/2021 11:04 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Kevin Molden DEPUTY CAUSE NO. DC-21-03496 MARILYN WILLIAMS; IN THE DISTRICT COURT OF Plaintiff, vs. DALLAS COUNTY, TEXAS PABLO ROMO, Ill; JRU PROPERTIES, LLC D/B/A 4 WHEEL DRIVE AUTO; EUTIQUIO GUIJOZA A/K/A EUTIQUIO GUIJOSA; AND ELEAZAR RODRIGUEZ; Defendants. 411674 JUDICIAL DISTRICT PLAINTIFF'S MOTION TO COMPEL DISCOVERY RESPONSES FROM DEFENDANTS PABLO ROMO, III AND JRU PROPERTIES, LLC D/B/A 4 WHEEL DRIVE AUTO PLAINTIFF Marilyn Williams files Plaintiff's Motion to Compel Discovery Responses from Defendants Pablo Romo, Ill and JRU Properties, LLC d/b/a 4 Wheel Drive Auto and respectfully shows the following: I BACKGROUND Plaintiff brings this lawsuit seeking damages against Defendants for personal injuries Plaintiff sustained in a motor vehicle collision on or about November 1, 2020. I. DISCOVERY RESPONSES SOUGHT Plaintiff seeks to discover from Defendants Pablo Romo, IIl and JRU Properties, LLC d/b/a 4 Wheel Drive Auto relevant and necessary information and documents to PLAINTIFF'S MOTION TO COMPEL DISCOVERY RESPONSES FROM DEFENDANTS PABLO ROMO, Ill AND JRU PROPERTIES, LLC D/B/A 4 WHEEL DRIVE AUTO — Page 1 properly prosecute Plaintiff's claims and contentions. The information and documents sought from Defendants are not privileged and are relevant to the subject matter of this pending suit. Defendants Pablo Romo, Ill and JRU Properties, LLC d/b/a 4 Wheel Drive Auto’s responses are attached as Exhibit “A” and Exhibit “B” and made a part hereof for all pertinent purposes. The specific responses that are the subject of this Motion to Compel are listed below: DOCUMENT NUMBERED REQUEST ee —_| EXHIBIT “A”: Defendant Pablo Romo, III's Objections and Responses to Plaintiffs First Request for Production EXHIBIT “B”: 1, 10, 18, 20, 24, 36, 37, 38, 41, 42, Defendant JRU Properties, LLC d/b/a 4 Wheel 43, 44, 45, and 46 Drive Auto’s Objections and Responses to Plaintiff's First Request for Production Defendants failed to adequately respond to and/or supplement those requests set out above. Ul. RELIEF REQUESTED WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that this motion be set for hearing, that upon final hearing hereof, this Honorable Court order Defendants to respond to the discovery requests set out above, produce the requested information and documents within ten (10) days from the date of this Court’s order, and for such PLAINTIFF'S MOTION TO COMPEL DISCOVERY RESPONSES FROM DEFENDANTS PABLO ROMO, Ill AND JRU PROPERTIES, LLC D/B/A 4 WHEEL DRIVE AUTO — Page 2 other and further relief, both general and special, at law and in equity, to which Plaintiff may show herself to be justly entitled. CERTIFICATE OF CONFERENCE Counsel for movant and counsel for respondent have personally conducted a conference at which there was a substantive discussion of every item presented to the Court in this motion and despite best efforts the counsel have not been able to resolve those matters presented. Certified to the 20'" day of September, 2021 /s/ Lauren Jobin Lauren Jobin Respectfully submitted, WITHERITE LAW GROUP, PLLC BY. /s/ Lauren Jobin LAUREN JOBIN State Bar No. 24081263 lauren.jobin@witheritelaw.com SHELLY GRECO State Bar No. 24008168 shelly.greco@witheritelaw.com 10440 N. Central Expressway Suite 400 Dallas, TX 75231-2228 214/378-6665 214/378-6670 (fax) ATTORNEYS FOR PLAINTIFF PLAINTIFF'S MOTION TO COMPEL DISCOVERY RESPONSES FROM DEFENDANTS PABLO ROMO, Ill AND JRU PROPERTIES, LLC D/B/A 4 WHEEL DRIVE AUTO — Page 3 CERTIFICATE OF SERVICE | hereby certify that a true and correct copy of the foregoing has been forwarded to all counsel of record on this 4" day of October, 2021, pursuant to the Texas Rules of Civil Procedure. /s/ Lauren Jobin Lauren Jobin Mark Teague The LeCrone Law Firm, P.C. Wall Street Plaza 123 N. Crockett Street, Suite 200 Sherman, Texas 75090 PLAINTIFF'S MOTION TO COMPEL DISCOVERY RESPONSES FROM DEFENDANTS PABLO ROMO, Ill AND JRU PROPERTIES, LLC D/B/A 4 WHEEL DRIVE AUTO — Page 4 Exhibit A OBJECTIONS AND RESPONSES TO REQUEST FOR PRODUCTION Defendant objects to the definitions and instructions portion of Plaintiff's discovery directed to it for reason that, said definitions and instructions are overly broad, vague, and substantially increase the burden placed upon this party beyond that which is mandated by the TEXAS RULES OF CIVIL PROCEDURE concerning discovery. Further, said definitions and instructions as phrased are overly broad, vague, and constitute a fishing expedition on the part of Plaintiff. Said definitions and instructions are so broad as to potentially violate the attorney client privilege, party communications privilege, work product privilege, and investigative privilege. Subject to the above and foregoing objections, and without waiving same, Defendant would tespond as follows. REQUEST FOR PRODUCTION NO. 1: Correspondence: Please produce all correspondence between Plaintiff and you and/or your agents. RESPONSE: Defendant objects to this request for the reason that it is unduly burdensome in that it requests documents or information equally available to both parties. Defendant asserts a claim of privilege to this discovery request because this request seeks information protected from discovery by the work product privilege provided by Rule 192.5(a)(1)(2), (b)(1) of the TEXAS RULES OF CIVIL PROCEDURE and the lawyer-client privilege as set out by Rule 503 of the TEXAS RULES OF CIVIL EVIDENCE. REQUEST FOR PRODUCTION NO. 2: Photographs, slides. videotapes: All photographs, slides, videotapes and/or motion pictures which are in any way relevant to Plaintiff’s causes of action and Defendant’s defenses. RESPONSE: See photos (Romo 0002 — Romo 0070). REQUEST FOR PRODUCTION NO. 3: Correspondence/Emails/Letters Between Plaintiff and_Defendant: Correspondence between you and/or your employees, agents, or servants regarding anything related to the incident in question, no matter how remote. Also produce all correspondence between Defendant and Plaintiff. This request includes emails and handwritten notes. RESPONSE: Defendant objects to this request for the reason that it is unduly burdensome in that it requests documents or information equally available to both parties. REQUEST FOR PRODUCTION NO. 4: Statements of Plaintiff: Written, taped or transcribed statements from the Plaintiff or any agent, servant, employee, or representative of any Plaintiff named herein, which concerns the subject matter of this lawsuit, or the incident in question. RESPONSE: Defendant objects that this request exceeds the scope of TEXAS RULE OF CIVIL PROCEDURE 192.3(h). Subject to and without waiving the foregoing objections, Defendant agrees to provide all statements made by Plaintiff pursuant to TEXAS RULE OF CIVIL PROCEDURE 192.3(h). Defendant is not in possession of documents responsive to this request at this time. DEFENDANT PABLO ROMO, III’S OBJECTIONS AND RESPONSES TO PLAINTIFF’S FIRST REQUEST FOR PRODUCTION Page 3 10000.1012/MAT-trb Exhibit B OBJECTIONS AND RESPONSES TO REQUEST FOR PRODUCTION Defendant objects to the definitions and instructions portion of Plaintiff's discovery directed to it for reason that, said definitions and instructions are overly broad, vague, and substantially increase the burden placed upon this party beyond that which is mandated by the TEXAS RULES OF CIVIL PROCEDURE concerning discovery. Further, said definitions and instructions as phrased are overly broad, vague, and constitute a fishing expedition on the part of Plaintiff. Said definitions and instructions are so broad as to potentially violate the attorney client privilege, party communications privilege, work product privilege, and investigative privilege. Subject to the above and foregoing objections, and without waiving same, Defendant would tespond as follows. REQUEST FOR PRODUCTION NO. 1: All agreements and contracts between all persons, corporations or other entities regarding indemnification for damages arising out of personal injury claims, including the incident in question, occurring at the site in question. RESPONSE: Defendant objects to this request for the reason that it is global, overly broad and harassing. Defendant objects to this request for the reason that it is vague and ambiguous. Subject to and without waiving the foregoing objections, see Confirmation of Coverage (Romo 0001). REQUEST FOR PRODUCTION NO. 2: All photographs, negatives not yet printed onto photographic papers, slides, pictures, drawings, videotapes, sketches, newspaper articles, or any other depiction of any kind of the area of occurrence. You are to provide true reproductions of all such items; a photocopy is not acceptable. A compact disc containing electronic versions of photographs is acceptable and Plaintiff will pay reasonable reproduction costs for such discs. RESPONSE: See certified police report (Romo 0081 Romo 0085). REQUEST FOR PRODUCTION NO. 3: Identify and produce any and all excess or umbrella insurance policies or documents or memorandum evidencing the existence of insurance in effect on the date of the occurrence made the basis of this lawsuit. RESPONSE: Defendant is not in possession of documents responsive to this request at this time. REQUEST FOR PRODUCTION NO. 4: Copies of all investigation reports or other writings telated to the investigation of the incident in question, including witness statements and conclusions, conducted and/or prepared before the commencement of the above-entitled cause of action. RESPONSE: See certified police report (Romo 0081 — Romo 0085). REQUEST FOR PRODUCTION NO. 5: Please produce the Plaintiff's Original Petition, last amended petition, answer, and judgment and/or compromise settlement agreement in any case, arising out of the operation of the operation of a motor vehicle, including vehicles owned, leased, or controlled by you or vehicles operated by Defendant's employees, agents, servants, independent contractors, and/or sub-contractors, for the last ten (10) years. DEFENDANT JRU PROPERTIES, LLC DBA 4 WHEEL DRIVE AUTO’S OBJECTIONS AND RESPONSES TO PLAINTIFF’S FIRST REQUEST FOR PRODUCTION Page 3 10000.1012/MAT-trb RESPONSE: Defendant objects to this request for the reason that it is unduly burdensome in that it requests documents or information equally available to both parties. Defendant objects that this request is overly broad, unduly burdensome and not appropriately limited in time, scope or subject matter. Subject to and without waiving the foregoing objections, none that I recall. REQUEST FOR PRODUCTION NO. 6: Please produce all documents that include any testing, maintenance, or inspection of the vehicle in question that was involved in the incident made the basis of this lawsuit for a period of one year before and three months after the date in question. RESPONSE: Defendant objects to this request for the reason that it seeks information neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Defendant objects that this request is overly broad, unduly burdensome and not appropriately limited in time, scope or subject matter. Subject to and without waiving the foregoing objections, Defendant is not in possession of documents responsive to this request at this time. REQUEST FOR PRODUCTION NO. 7: All documents evidencing other vehicular collisions, accidents, incidents, and/or occurrences involving vehicles owned and/or operated by Defendant or its employees for a period of five (5) years before the occurrence in question. RESPONSE: Defendant objects to this request for the reason that it seeks information neither televant nor reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving the foregoing objections, Defendant is not in possession of documents responsive to this request at this time. REQUEST FOR PRODUCTION NO. 8: The complete and unaltered personnel file of Pablo Romo, RESPONSE: Defendant is not in possession of documents responsive to this request at this time. REQUEST FOR PRODUCTION NO. 9: A copy of the job description of the position(s) that Pablo Romo, III was hired, employed, and/or required to perform while in the course and scope of his employment, affiliation and/or association with Defendant. RESPONSE: None. REQUEST FOR PRODUCTION NO. 10: All timesheets and payroll records relating to Pablo Romo, III that indicate the dates worked, locations of performance of such labor, and reason for such compensation or remuneration for which he was paid wages, compensation, remuneration, and/or salary for a period of one year before and three months after the date in question. RESPONSE: Defendant objects to this request for the reason that it seeks information neither televant nor reasonably calculated to lead to the discovery of admissible evidence. Defendant objects that this request is overly broad, unduly burdensome and not appropriately limited in time, scope or subject matter. REQUEST FOR PRODUCTION NO. 11: A photocopy of the title of the vehicle in question that was involved in the accident made the basis of this lawsuit. DEFENDANT JRU PROPERTIES, LLC DBA 4 WHEEL DRIVE AUTO’S OBJECTIONS AND RESPONSES TO PLAINTIFF’S FIRST REQUEST FOR PRODUCTION Page 4 10000.1012/MAT-trb (Tex. 1987); Ballew v. State, 640 S.W.2d 237 (Tex.Crim.App. 1980); United States v. Nobles, 422 U.S. 225, 238-239 (1975); Hickman v. Taylor, 329 U.S. 495 [67 S. Ct. 385, 91 L. Ed. 451] (1947). REQUEST FOR PRODUCTION NO. 18: A list of all drivers operating vehicles owned or controlled by Defendant for a period of six (6) months prior to the date in question. RESPONSE: Defendant objects to this request for the reason that it seeks information neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Defendant objects to this request for the reason that it seeks to invade Defendant's right to privacy as guaranteed by the Texas and United States Constitutions. REQUEST FOR PRODUCTION NO. 19: Any policies relating to accident investigation or accident reporting that you have in place for your drivers now or at the time of the occurrence in question. RESPONSE: Defendant is not in possession of documents responsive to this request at this time. REQUEST FOR PRODUCTION NO. 20: All items, materials or written documentation removed from the vehicle in question following the incident in question by any person, including Defendants' attorneys and/or insurance representatives. RESPONSE: Defendant objects to this request for the reason that it seeks information neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. REQUEST FOR PRODUCTION NO. 21: All memorandum or other similar documentation sent to Pablo Romo, III and any/all other drivers regarding driving safely. RESPONSE: Defendant is not in possession of documents responsive to this request at this time. REQUEST FOR PRODUCTION NO. 22: All documents reflecting company policies and procedures relating to safety, motor vehicle safety, vehicle inspection, driver standards and hiring tequirements. RESPONSE: Defendant is not in possession of documents responsive to this request at this time. REQUEST FOR PRODUCTION NO. 23: All lease agreements, employment agreements, independent contractor agreements or any equivalent agreements between you and any other defendant. RESPONSE: Defendant is not in possession of documents responsive to this request at this time. REQUEST FOR PRODUCTION NO. 24: All drug tests or similar toxicology tests administered to Pablo Romo, III at any time that is in your custody, care or control. RESPONSE: Defendant invokes the physician/patient privilege provided by Rules 509 and 510 of the TEXAS RULES OF CIVIL EVIDENCE. Subject to and without waiving the foregoing objections, Defendant is not in possession of documents responsive to this request at this time. DEFENDANT JRU PROPERTIES, LLC DBA 4 WHEEL DRIVE AUTO’S OBJECTIONS AND RESPONSES TO PLAINTIFF’S FIRST REQUEST FOR PRODUCTION Page 6 10000.1012/MAT-trb RESPONSE: Defendant objects to this request for the reason that it seeks to invade Defendant's right to privacy as guaranteed by the Texas and United States Constitutions. Defendant objects to this request for the reason that it is overly broad and vague. Defendant objects that this request is overly broad, unduly burdensome and not appropriately limited in time, scope or subject matter. REQUEST FOR PRODUCTION NO. 31: All information captured or recorded by any device or mobile application that captures or records, in any manner, the driving habits of the defendant(s), including but not limited to speed, braking, position of steering wheel, episodes of hard braking, routes travelled, the time frame to drive such routes, or any other information related to the operation of the motor vehicle for the 24 hours prior to the collision through 24 hours after the collision. RESPONSE: Defendant is not in possession of documents responsive to this request at this time. REQUEST FOR PRODUCTION NO. 32: Produce all data collected from all telematics devices monitoring the commercial vehicle involved in this collision for the 90 days prior to the collision and the day of the collision. RESPONSE: Defendant is not in possession of documents responsive to this request at this time. REQUEST FOR PRODUCTION NO. 33: Produce all documents JRU Properties, LLC d/b/a 4 Wheel Drive Auto has received from HireRight pertaining to Pablo Romo, IIL. RESPONSE: Defendant is not in possession of documents responsive to this request at this time. REQUEST FOR PRODUCTION NO. 34: Produce all documents JRU Properties, LLC d/b/a 4 Wheel Drive Auto has received from any company other than HireRight that show or relate to the Pablo Romo, III's (1) employment history, including, but not limited to, disciplinary actions and eligibility for rehiring by any employer, (2) drug history, (3) alcohol history, (4) pre-employment screening, including, but not limited to, screening done by or for the United States Department of Transportation, (5) criminal records, (6) drug testing, including, but not limited to, drug testing done by or for the United States Department of Transportation, (7) alcohol testing, including, but not limited to, alcohol testing done by or for the United States Department of Transportation, (8) physical examination testing, including, but not limited to, physical examination testing done by or for the United States Department of Transportation, (9) motor vehicle collision history, (10) educational background, (11) professional licenses, and/or (12) professional or personal references. RESPONSE: Defendant is not in possession of documents responsive to this request at this time. REQUEST FOR PRODUCTION NO. 35: Please sign and produce the attached release to HireRight. RESPONSE: Not applicable. REQUEST FOR PRODUCTION NO. 36: If the commercial vehicle was equipped with any on- board audio or video recording or monitoring devices and/or any other driver or driver safety monitoring system, please produce everything that was retrieved from such devices and systems. DEFENDANT JRU PROPERTIES, LLC DBA 4 WHEEL DRIVE AUTO’S OBJECTIONS AND RESPONSES TO PLAINTIFF’S FIRST REQUEST FOR PRODUCTION Page 8 10000.1012/MAT-trb RESPONSE: Defendant objects that this request is overly broad, unduly burdensome and not appropriately limited in time, scope or subject matter. Subject to and without waiving the foregoing objections, Defendant is not in possession of documents responsive to this request at this time. REQUEST FOR PRODUCTION NO. 37: Please produce all call, text and data connection location information from October 3, 2020 through November 3, 2020 associated with the identified mobile number(s) identified in response to Interrogatories. Including, all specialized carrier records that may be referred to as RTT (Real Time Tool), PCMD (Per Call Measurement Data), Network Location Services (NELOS), TrueCall, Mediation Records, e9-1-1, and/or Historical GPS/Mobile Locate Information which shows GPS location (longitude and latitude) and Cell-Site and sector of the device in relationship to the network when connected to the network for the above referenced numbers. RESPONSE: Defendant objects to this request for the reason that it seeks to invade Defendant's right to privacy as guaranteed by the Texas and United States Constitutions. Defendant objects to this request for the reason that it is overly broad and vague. Defendant objects that this request is overly broad, unduly burdensome and not appropriately limited in time, scope or subject matter. Subject to and without waiving the foregoing objections, Defendant is not in possession of documents responsive to this request at this time. REQUEST FOR PRODUCTION NO. 38: Please produced all records associated with the phone(s) in your vehicle on November 1, 2020, also include all numbers that communicate with these listed numbers relating to all delivered and undelivered inbound and outbound calls, text messages, and text message content to any of the above listed numbers, all voice mail, and all data connections from October 3, 2020 through November 3, 2020, and to include: a, Cell-site and sector, date, time, direction, duration, number called or text to and/or received from, and bytes up/down, information related to each call, text or data connection, all text message content, and voicemails. Call to destination/dialed digits search for all numbers listed above. Please preserve all cell-site and sector information related to each call, text or data connection. RESPONSE: Defendant objects to this request for the reason that it seeks to invade Defendant's right to privacy as guaranteed by the Texas and United States Constitutions. Defendant objects to this request for the reason that it is overly broad and vague. Defendant objects that this request is overly broad, unduly burdensome and not appropriately limited in time, scope or subject matter. Subject to and without waiving the foregoing objections, Defendant is not in possession of documents responsive to this request at this time. REQUEST FOR PRODUCTION NO. 39: As to each mobile device and/or cellular telephone identified in response to Interrogatories, produce the following Data Records for thirty (30) days prior to the date of incident through eight (8) hours subsequent to the subject loss: a. Item Number; a. Item Date, Connect Date; b Item Time, Connect Time; DEFENDANT JRU PROPERTIES, LLC DBA 4 WHEEL DRIVE AUTO’S OBJECTIONS AND RESPONSES TO PLAINTIFF’S FIRST REQUEST FOR PRODUCTION Page 9 10000.1012/MAT-trb Originating Number; Elapsed Time; Bytes Up; Bytes Down; Access Point; IP Address In use by the device; IP Address connected to by the device; IMEI IMSI; Access Point/device type; Description/Company’s description of the transaction; Cell Location: Tower number; i. Transmitter/ Receiver ID; 1 GPS Coordinates; and, IV. Tower Face. RESPONSE: Defendant objects to this request for the reason that it seeks to invade Defendant's right to privacy as guaranteed by the Texas and United States Constitutions. Defendant objects to this request for the reason that it is overly broad and vague. Defendant objects that this request is overly broad, unduly burdensome and not appropriately limited in time, scope or subject matter. Subject to and without waiving the foregoing objections, Defendant is not in possession of documents responsive to this request at this time. REQUEST FOR PRODUCTION NO. 40: Please produce all internet access records for the identified mobile number(s) identified in response to Interrogatories from October 3, 2020 through November 3, 2020. These records are to include all assigned IP addresses, date, time, duration and data usage amounts. All IP addresses accessed. RESPONSE: Defendant objects to this request for the reason that it seeks to invade Defendant's right to privacy as guaranteed by the Texas and United States Constitutions. Defendant objects to this request for the reason that it is overly broad and vague. Defendant objects that this request is overly broad, unduly burdensome and not appropriately limited in time, scope or subject matter. Subject to and without waiving the foregoing objections, Defendant is not in possession of documents responsive to this request at this time. REQUEST FOR PRODUCTION NO. 41: All documents reflecting, or from which could be derived, the weight being carried by the drive axles of the commercial vehicle on the occasion in question. RESPONSE: Defendant is not in possession of documents responsive to this request at this time. REQUEST FOR PRODUCTION NO. 42: All documents reflecting, or from which could be derived, the total weight for the commercial vehicle, inclusive of the trailer, if any, on the occasion in question. RESPONSE: Defendant is not in possession of documents responsive to this request at this time. DEFENDANT JRU PROPERTIES, LLC DBA 4 WHEEL DRIVE AUTO’S OBJECTIONS AND RESPONSES TO PLAINTIFF’S FIRST REQUEST FOR PRODUCTION Page 10 10000.1012/MAT-trb_ REQUEST FOR PRODUCTION NO. 43: A copy of the weight-bill for the cargo being transported. RESPONSE: Defendant is not in possession of documents responsive to this request at this time. REQUEST FOR PRODUCTION NO. 44: All documents reflecting, or from which could be derived, the weight of the cargo and/or the contents of the trailer, if any, being transported by Pablo Romo, III at the time of the incident made the basis of this suit. RESPONSE: Defendant is not in possession of documents responsive to this request at this time. REQUEST FOR PRODUCTION NO. 45: All documents reflecting, or from which could be derived, the empty weight for the commercial vehicle, inclusive of the trailer, if any, on the occasion in question. RESPONSE: Defendant is not in possession of documents responsive to this request at this time. REQUEST FOR PRODUCTION NO. 46: All documents reflecting, or from which could be derived, the empty and gross registered weight for the commercial vehicle, inclusive of the trailer, if any. RESPONSE: Defendant is not in possession of documents responsive to this request at this time. REQUEST FOR PRIVILEGE LOG TO BE ANSWERED WITHIN 50 DAVS OF SERVICE Privilege Log: If you are withholding documents based upon the assertion of a privilege, please produce a privilege log in accordance with Rule 193.3 (b), detailing with reasonable particularity a description of the documents withheld, the number of documents, and the privilege which you claim properly precludes the information from being discovered. Specifically do the following: (a) Detail the privilege asserted; (b) Provide the title of the document(s) upon which the privilege is asserted; (©) Provide the general substance of the document(s) upon which you claim there is a privilege; (d) Identify the location and custodian of the document(s) (e) Give a brief description why, in your view, the privilege shields the document from discovery; and (6) Bates stamp the documents upon which you claim there is a privilege for in camera inspection at a later hearing. RESPONSE: Defendant generally objects to Plaintiff's request for a privilege log with regard to any information or documentation being withheld by Defendant in that such request is premature DEFENDANT JRU PROPERTIES, LLC DBA 4 WHEEL DRIVE AUTO’S OBJECTIONS AND RESPONSES TO PLAINTIFF’S FIRST REQUEST FOR PRODUCTION Page 11 10000.1012/MAT-trb Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Samantha Hanks on behalf of Lauren Jobin Bar No. 24081263 Samantha.Hanks@witheritelaw.com Envelope ID: 57836427 Status as of 10/5/2021 2:43 PM CST Associated Case Party: MARILYN WILLIAMS Name BarNumber | Email TimestampSubmitted | Status Samantha Hanks samantha. hanks@witheritelaw.com | 10/4/2021 11:04:48 AM | SENT Lauren Jobin lauren jobin@witheritelaw.com 10/4/2021 11:04:48 AM | SENT Associated Case Party: JRU PROPERTIES, LLC Name BarNumber | Email TimestampSubmitted | Status Adam LeCrone eservice@lecronelaw.com | 10/4/2021 11:04:48 AM | SENT