Motion,Ex Parte: MICROCHECK SYSTEMS INC (TEXAS CORPORATION) vs. ZIGROSSI & MURPHY L L C (TEXAS CORPORATION) (IND A

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                                CAUSE NUMBER 2004-!

MICROCHECK SYSTEMS, INC. AND

§ IN THE DISTRICT CQURY OF ne

MICROCHECK SOLUTIONS, INC. § Bris a Ol
Plainti Se P x
Vs. ts j asae, © OOl8
§ HARRIS COUNTY, TEMAS, B CUS
ZIGROSSI & MURPHY, L.L.C., Individually § EBEc S
and d/b/a EDUCATED SOLUTIONS; CHRIS. § Zee % :
ZIGROSSI; SCOTT MURPHY; MIKE § 2-2 2B is
SMITH Individually and d/b/a CMS § eos
TECHNOLOGY a/k/a CMS §
TECHNOLOGIES; MICHOICE §
TECHNOLOGY SYSTEMS, INC; JIM §
HAYDEN; ALEX CAMPBELL; AND § .
JASON JABLECKI §
Defendants § 125™ JUDICIAL DISTRICT

 

DEFENDANTS, MICHOICE TECHNOLOGY SYSTEMS, INC.
AND MIKE SMITH, INDIVIDUALLY, AND D/B/A CMS TECHNOLOGY
A/K/A CMS TECHNOLOGIES’ MOTION TO PROTECT

 

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, MiChoice Technology Systems, Inc. and Mike Smith, Individually, and d/b/a
CMS Technology a/k/a CMS Technologies, and files this their Motion to Protect pursuant to Rule ‘
192.6 of the TRPC, and in support of same would show unto the court the following:

L

Defendants would show that on or about September 5, 2006, they received ninety one (91)
Requests for Production sent to MiChoice Technology Systems, Inc., through its registered agent
Charles Michael Smith, as well as ninety (90) Requests for Production sent to Mike Smith,
Individually, and CMS Technology for a total of one hundred eighty one (181) Requests for
Production. At or near the same time, an additional Defendant, Scott Murphy, also received

approximately ninety (91) Requests for Production. Many of these requests are frivolous, unnecessary,
a
RECORDER'S MEMORANDUM
This instrument is of poor quality
at the time of imaging~ a

duplicitous, and seem to have primarily been sent for the purposes of harassment, annoyance, or
invasion of personal constitutional or property rights, and the Defendants request that the Court enters
an order in the interest of justice; and among other things ordering that the requested discoveries not be
sought in whole, in part or altemnatively; that the Request for Production be limited to twenty five (25)
requests, which would force the Plaintiffs to tailor their Requests for Production to non-fvolous and
necessary discovery. A copy of Plaintiffs’ one hundred eighty one (181) Requests for Production are
attached to this motion as Exhibit “A” for the court’s review.
I

Defendant would state they are struggling to pay the expense of litigation in this case, and it is
believed that it is the intent and purpose of John Manning to encumber the Defendants with
unnecessary expense, harassment, and annoyance as a form of a vendetta of which the Defendants are
in need of protection.

WHEREFORE, PREMISES CONSIDERED, Defendant, Mike Smith, Individually, and
d/b/a CMS Technology a/k/a CMS Technologies, MiChoice Systems, Inc., as well as Scott Murphy,
respectfully pray that the court hear this motion and enter an order limiting the amount of discovery
that can be obtained from the Defendants in this case on behalf of Microcheck Systems, Inc. and

Microcheck Solutions, Inc.

   

Fi A
12527 No. Houston, #110

Cypress, ‘exas 77429
281.807.4400
281.955.9922 Fax

Attorney for Defendant,

the

eeeCERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of DEFENDANTS, MICHOICE
TECHNOLOGY SYSTEMS, INC. AND MIKE SMITH, INDIVIDUALLY, AND D/B/A CMS
TECHNOLOGY A/K/A CMS TECHNOLOGIES’ MOTION TO PROTECT has been forwarded to

all counsel of record, by fax and n 79 2.

Roy Murphy, DT

Copy to:

SHEEHY, SERPE & WARE

Christopher D. DeMeo

Chris M. Knudsen .
2500 Two Houston Center

909 Fannin St.

Houston, Texas 77010

713/951-1000

713/951-1199 — fax

Jim Hayden
932 Northwest High Point Drive
Lees Summit, MO 64081

J. Reid Perry, Attomey at Law

12527 Cypress No. Houston Rd., #150
ress, 77429

281.970.4175 Ph.

281.955.9922 Fax

335 Shea Drive
Cedar Park, Texas 78613

aeAPPROVED AND ENTRY REQUESTED:

& ASSOCIATES

 

ress, Texas 77429
281.807.4400
281.955.9922 Fax
Attomey for Defendants,
MICHOICE TECHNOLOGY SYSTEMS, INC. AND MIKE SMITH, INDIVIDUALLY, AND D/B/A

CMS TECHNOLOGY A/K/A CMS TECHNOLOGIES

he

ore~
ROY MURPHY & ASSOCIATES
ATTORNEYS AT LAW
12527 CYPRESS NO. HOUSTON, SUITE 110
CYPRESS, TEXAS 77429-3607
ROY MURPHY, It
BOARD CERTIFIED OFFICE: 281.807.4400
PERSONAL INJURY TRIAL LAW FAX: ~I
‘TEXAS BOARD OF LEGAL SPECIALIZATION . METRO: Sp. S3 4464 =
September 27, 2006 eer &

Charles Bacarisse oon? =X
Harris County District Clerk See

201 Caroline, Civil Intake . En8= 8
Houston, TX 77002 wee cc ~

an By

Re: Cause No. 2004-59790; Microcheck Systems, Inc., et al vs. Zig ee Atorply,
LLC, etal; In the 125th Judicial District Court of Harris County, Texas ~ By
Dear Mr. Bacarisse:
Please file the enclosed:

Defendant, MiChoice Technology Systems, Inc. and Mike Smith, Individually, and

1.
@b/a CMS Technology a/k/a CMS Technologie’ Motion to Protect;

2. Notice of Submission; and

3. Order :
Please stamp the date of filing on copy of this letter & pleading to signify filing of the above
and return it for my files.
(X) All counsel has been sent a copy of same.

Thank you for your prompt attention to this matter.

&

 

DEPUTY~-

Ce:

SHEEHY, SERPE & WARE
Christopher D. DeMeo
Chris M. Knudsen

2500 Two Houston Center
909 Fannin St.

Houston, Texas 77010
713/951-1000
713/951-1199 — fax

Jim Hayden
932 Northwest High Point Drive
Lees Summit, MO 64081

J. Reid Perry, Attorney at Law
12527 No. Houston Rd., #150

Cypress, T1429
281.970.4175 Ph.
281.955.9922 Fax

Chris Zigrossi
335 Shea Drive
Cedar Park, Texas 78613

the

wee