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  • TONY EVANS, Sr., et al  vs. TASACOM REAL ESTATE, LLC, et alOTHER PERSONAL INJURY document preview
  • TONY EVANS, Sr., et al  vs. TASACOM REAL ESTATE, LLC, et alOTHER PERSONAL INJURY document preview
  • TONY EVANS, Sr., et al  vs. TASACOM REAL ESTATE, LLC, et alOTHER PERSONAL INJURY document preview
  • TONY EVANS, Sr., et al  vs. TASACOM REAL ESTATE, LLC, et alOTHER PERSONAL INJURY document preview
  • TONY EVANS, Sr., et al  vs. TASACOM REAL ESTATE, LLC, et alOTHER PERSONAL INJURY document preview
  • TONY EVANS, Sr., et al  vs. TASACOM REAL ESTATE, LLC, et alOTHER PERSONAL INJURY document preview
  • TONY EVANS, Sr., et al  vs. TASACOM REAL ESTATE, LLC, et alOTHER PERSONAL INJURY document preview
  • TONY EVANS, Sr., et al  vs. TASACOM REAL ESTATE, LLC, et alOTHER PERSONAL INJURY document preview
						
                                

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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