Preview
FILED
7/23/2021 1:22 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Margaret Thomas DEPUTY
CAUSE NO. DC-21-04901
TONY EVANS, SR., and ARETHA IN THE DISTRICT COURT
EVANS, individually and on behalf of their
minor son, T.E., deceased, and MONIQUE
PICKENS, individually and on behalf of
her minor son, D.W.,
Plaintiffs,
162X” JUDICIAL DISTRICT
VS.
TASACOM REAL ESTATE, LLC d/b/a
HAWTHORN SUITE ALLAS LOVE
FIELD,
Defendant. DALLAS COUNTY, TEXAS
DEFENDANT’S NOTICE OF INTENT TO SUBPOENA DALLAS POLICE
Pursuant to Texas Rules of Civil Procedure 176, 205, and 621a and Defendant Tasacom
Real Estate d/b/a Hawthorn Suites Dallas Love Field (“Tasacom Real Estate’) hereby notifies
all parties of record of its intent to issue the attached subpoena no later than August 2, 2021 to
produce the requested documents set out in the attached Exhibit 1 no later than August 23, 2021,
to Defendant’s counsel Bradley Purcell, 2850 N. Harwood St., Ste. 1500, Dallas, Texas 75201,
or at another mutually agreed upon location.
NOTICE OF INTENT TO SUBPOENA DALLAS POLICE - Page 1
Dated: July 23, 2021. Respectfully submitted,
REED SMITH LLP
Respectfully submitted,
REED SMITH LLP
By-4s/ Bradley J. Purcell
Keith M. Aurzada
Texas State Bar No. 24009880
Bradley J. Purcell
Texas State Bar No. 24063965
Devan J. Dal Col
Texas State Bar No. 24116244
kaurzada@reedsmith.com
bpurcell@reedsmith.com
ddalcol@reedsmith.com
2850 N. Harwood St, Suite 1500
Dallas, Texas 75201
Telephone: (469) 680-4218
Telecopier: (469) 680-4299
Counsel for Tasacom Real Estate,
LLC d/b/a Hawthorn Suites Dallas
Love Field
CERTIFICATE OF SERVICE
I certify that, on July 23, 2021, a true and correct copy of this document was
forwarded via the Court’s electronic filing system according to Texas Rule of Civil Procedure
21a to all counsel of record.
/s/ Bradley J. Purcell
Bradley J. Purcell
NOTICE OF INTENT TO SUBPOENA ENTITIES -- PAGE 2
EXHIBIT 1
THE STATE OF TEXAS
SUBPOENA IN A CIVIL CASE
CAUSE NO. DC-21-04901
TONY EVANS, SR., and ARETHA IN THE DISTRICT COURT
EVANS, individually and on behalf of their
minor son, T.E., deceased, and MONIQUE
PICKENS, individually and on behalf of
her minor son, D.W.,
Plaintiffs,
1628” JUDICIAL DISTRICT
VS.
TASACOM REAL ESTATE, LLC d/b/a
HAWTHORN SUITES DALLAS LOVE
FIELD,
Defendant. DALLAS COUNTY, TEXAS
TO: Dallas Police Department, Open Records Unit, 1400 S. Lamar, Dallas, Texas 75215
O YOU ARE COMMANDED to appear in the referenced Court at the place, date, and time specified below to
testify in the above case.
PLACE OF TESTIMONY COURTROOM
DATE AND TIME
O YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a
deposition in the above case. In addition to a stenographic secretary, the deposition may be videotaped.
PLACE OF DEPOSITION: DATE AND TIME
‘YOU ARE COMMANDED to produce and permit inspection and copying of the following designated
documents or tangible things that are in your possession, custody or control at the place, date, and time specified
below: SEE EXHIBIT A
PLACE DATE AND TIME
Electronic mail to: BPurcell@reedsmith.com August 23, 2021
1:00 p.m.
Be advised that failure by any person without adequate excuse to obey a subpoena served upon that person may be
deemed a contempt of the court from which the subpoena is issued or a district court in which the subpoena is
served, and may be punished by fine or confinement, or both. TEX. R. Civ. PROC. 176.8(a).
ISSUING OFFICER'S SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR
PLAINTIFF OR DEFENDANT) DATE
/s/ Bradley J. Purcell, Counsel for Defendant Tasacom Real Estate d/b/a Hawthorn Suites
Dallas Love Field
ISSUING OFFICER'S NAME, ADDRESS AND PHONE NUMBER
Bradley J. Purcell, Reed Smith LLP, 2850 N. Harwood Street, Suite 1500, Dallas TX 75201 (469) 680-4224
PROOF OF SERVICE
DATE PLACE
SERVED
SERVED ON (PRINT NAME) MANNER OF SERVICE
SERVED BY (PRINT NAME) TITLE
DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the United States of America and the State of Texas that the
foregoing information contained in the Proof of Service is true and correct.
Executed on
DATE SIGNATURE OF SERVER
ADDRESS OF SERVER
ACCEPTANCE OF SERVICE OF SUBPOENA BY WITNESS
PER RULE 176 TEXAS RULE OF CIVIL PROCEDURE
I, the undersigned witness named in the Subpoena acknowledge receipt of a copy thereof, and
hereby accept service of the attached Subpoena, and produce and permit inspection and copying
of the designated documents or tangible things that are in my possession, custody or control at
the place, date, and time as directed in this Subpoena.
Rule 176.8(a) Contempt. Failure by any person without adequate excuse to obey a subpoena
served upon that person may be deemed a contempt of the court from which the subpoena is
issued or a district court in the county in which the subpoena is served, and may be punished
by fine or confinement, or both.
SIGNATURE OF WITNESS DATE
PRINTED NAME OF WITNESS
EXHIBIT A
Il.
DEFINITIONS
As used herein, the following terms shall have, in addition to the common usage of the
word, the meanings indicated below:
A “Defendant” or “Tasacom Real Estate” shall mean Defendant Tasacom Real
Estate d/b/a Hawthorn Suites Dallas Love Field.
B “Plaintiffs,” “you,” and “your” shall mean Plaintiffs Tony Evans, Sr. and Aretha
Evans, individually and on behalf of their Minor son, T.E., deceased, and Monique Pickens,
individually and on behalf of her minor son, D.W. and their agents, representatives, or other
persons acting, or purporting to act, on Plaintiffs’ behalf.
Cc “Document” or “documents” are used herein in their broadest sense, and mean
all tangible items, and all writings, drawings, graphs, charts, photographs, sounds recordings,
images and other data or data compilations stored in any medium from which information can be
obtained either directly or, if necessary, after translation by you into a reasonably usable form.
This definition includes originals, copies, or any non-identical copy or draft version, and includes
native file formats without alteration or deletion of any associated information, e.g., metadata,
tegardless of origin or location.
D. “Statement(s)” means any written statement signed, adopted or approved in
writing by the person making it; any stenographic, mechanical, electrical, audio, video, or other
type of recording of an individual’s oral statement; or any substantially verbatim transcription of
such recording.
E. “Communication” means any transmission of thoughts, opinions, or information
by speech, writing, or signs.
F “Relate to” or “relating to” means, whether directly or indirectly: reflecting,
referring to, pertaining to, constituting, containing, leading to, concerning, discussing,
describing, commenting upon, mentioning, evidencing, showing, embodying, quoting,
describing, bearing upon, supporting, corroborating, proving, refuting, disproving, contradicting,
regarding, containing information regarding, made in connection with or by reason of, or
deriving or arising from. These terms mean, without limitation, any reference or relationship
that either (a) provides information with respect to the subject inquiry and necessarily includes
information that is in opposition to as well as in support of any position(s) and claim(s) of the
Defendant, or (b) might lead to individuals who, or documents which, might possess or contain
information with respect to the subject of inquiry.
G The singular form of a word shall be construed to mean the plural, and the plural
to mean the singular, when doing so would ensure the provision of additional information or
more complete answers and would avoid questions from being considered ambiguous,
inaccurate, or confusing.
H. “And” and “or” shall be construed as conjunctive or disjunctive to ensure the
provision of additional information or more complete answers and to avoid the questions from
being considered ambiguous, inaccurate, or confusing.
I “Person” shall mean natural persons, individuals, proprietorships, partnerships,
firms, corporations, institutions, bodies, joint ventures, estates, trusts, receivers, public
corporations, other forms of legal entity, municipal corporations, federal, state, and local
governments, all departments and agencies thereof, and any other governmental agencies,
political subdivisions, groups, associations, or organizations, or any other group or combination
acting as an entity.
J “Identify” or “identification” means, when used in reference to:
1 A natural person: (1) full name; (2) present or last known residence,
business address (including street name and number, city or town, and state or country),
and telephone number; and (3) position, business affiliation, and job description at the
time in question, with respect to the inquiry involved.
ii. A document: (1) its description (e.g., letter, memorandum, report, etc.);
(2) its title, date, and the number of pages thereof; (3) its subject matter; (4) its author’s
identity; (5) its addressee’s identity; and (6) its present location and its custodian’s
identity (if such document was, but is no longer, in the possession of or subject to control
of Defendant).
iii. An oral communication: (1) date and the place where it occurred; (2)
substance of the communication; (3) the identity of each person to whom such
communication was made; and (4) the identity of each person who was present when
such communication was made.
K. “Describe” means describe fully by reference to underlying facts rather than to
ultimate facts or conclusions of fact or law, including time, place, manner, and identification of
persons involved or related thereto.
i The “Property” shall refer to 7900 Brookriver Drive, Dallas, Texas 75347,
including all contiguous real property associated therewith.
M The “Incident” refers to the shooting that took place on April 11, 2021 on the
Property.
N “Including” means “including without limitation.”
Oo “Any” includes “all,” “every,” and “each,” and vice versa.
DOCUMENTS/TANGIBLE ITEMS TO PRODUCE
REQUEST NO. 1: A copy of any video surveillance from the Property taken on April 10,
2021 and April 11, 2021.
REQUEST NO. 2: Copies of any Documents, including any police reports or witness
statements related to the Incident.
REQUEST NO. 3: Copies of any and all police reports for any other criminal activity
occurring at the Property.
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.
Devan Dal Col on behalf of Bradley Purcell
Bar No. 24063965
ddalcol@reedsmith.com
Envelope ID: 55648975
Status as of 7/26/2021 9:03 AM CST
Associated Case Party: ARETHA EVANS
Name BarNumber | Email TimestampSubmitted Status
Nuru Witherspoon witherspoon@twlglawyers.com 7/23/2021 1:22:22 PM SENT
Emily Taylor taylor@twiglawyers.com 7/23/2021 1:22:22 PM SENT
Associated Case Party: TONY EVANS
Name BarNumber Email TimestampSubmitted Status
Nuru Witherspoon witherspoon@twiglawyers.com 7/23/2021 1:22:22 PM SENT
Emily Taylor taylor@twiglawyers.com 7/23/2021 1:22:22 PM SENT
Associated Case Party: T. E.
Name BarNumber Email TimestampSubmitted Status
Emily Taylor taylor@twiglawyers.com 7/23/2021 1:22:22 PM SENT
Nuru Witherspoon witherspoon@twlglawyers.com 7/23/2021 1:22:22 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Janae Johnson johnson@twlglawyers.com 7/23/2021 1:22:22 PM SENT
NURU WITHERSPOON witherspoon@twiglawyers.com 7/23/2021 1:22:22 PM SENT
Bradley J. Purcell bpurcell@reedsmith.com 7/23/2021 1:22:22 PM SENT
Alicia Nixon anixon@reedsmith.com 7/23/2021 1:22:22 PM SENT
Charletta Dawson cdawson@reedsmith.com 7/23/2021 1:22:22 PM SENT
Shikendra Rhea srhea@reedsmith.com 7/23/2021 1:22:22 PM SENT
Devan J. DalCol ddalcol@reedsmith.com 7/23/2021 1:22:22 PM SENT
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.
Devan Dal Col on behalf of Bradley Purcell
Bar No. 24063965
ddalcol@reedsmith.com
Envelope ID: 55648975
Status as of 7/26/2021 9:03 AM CST
Associated Case Party: TASACOM REAL ESTATE, LLC
Name BarNumber | Email TimestampSubmitted | Status
Keith M. Aurzada Kaurzada@reedsmith.com | 7/23/2021 1:22:22 PM | SENT