Preview
~
f
CAUSE NO. DC-12-09749 2, Qe € g, D
JOE TOLBERT § IN THE DISERICECAPRT
§ Sri Ira, Fe Ip
v. § 95TH JUDICIALSD keraies oF
MICHAEL OAKLEY ; DALLAS ERAS
: Pup,
§ +
DEFENDANT’S MOTION TO COMPEL FURTHER ANSWERS TO DISCLOSURES,
INTERROGATORIES, REQUEST FOR PRODUCTION AND FOR SANCTIONS
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, MICHAEL OAKLEY, hereinafter referred to as Defendant, and files this
Motion to Compel Further Answers to Interrogatories, Request for Production and for Sanctions,
and as grounds therefore, would respectfully show unto the Court the following:
I.
The Defendant previously served JOE TOLBERT, with certain written Interrogatories
and Request for Production, all of which were material, relevant and necessary to the issues
involved herein, and which were required to be answered by Plaintiff, within thirty (30) days
after the service thereof. Such Interrogatories and Request for Production were served on
October 5, 2012. Answers were received on or about November 5, 2012.
Il.
Plaintiff's responses to these inquires were incomplete. Therefore, Defendant brings this
Motion to Compel Further Discovery Responses, secking a ruling on Plaintiff's responses and an
Order of this Court requiring Plaintiff to answer and respond to Defendant's discovery in full,
absent objection, within ten (10) days from the date of the hearing of this Motion. Specifically,
Defendant secks such relief with regard to the following discovery responses:
Plaintiff, JOE TOLBERT’S Responses to Defendant's First Set of Interrogatories:Nos. 3, 7 and 17.
Plaintiff, JOE TOLBERT’S Responses to Defendant’s First Request for Production:
Nos. 1, 2, 3, 4, 12, 17,21 AND 26
Plaintiff, JOE TOLBERT’S Responses to Request for Disclosure No. J.
All of the above information sought by way of Interrogatories and Request for Production
is for the purpose of obtaining specific factual evidence relevant to the Plaintiff's allegations as
contained in his Petition. Rather than respond, Plaintiff failed to provide the requested
information to the above.
Ill.
Defendant has incurred reasonable attorney's fees in the preparation and presentation of
this motion for which he respectfully requests to be reimbursed from Plaintiff and/or his
attorney.
WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Motion be set for
hearing, and that upon said hearing the Court order Plaintiff to fully and adequately answer the
Interrogatories, Request for Production and Request for Disclosure previously served on him,
within ten days of the date of the hearing, for costs of this proceeding, and for attorney's fees
incurred as a result of the filing of this Motion of at least $250.00; and for such other relief to
which he may show himself to be justly entitled.x
Respectfully submitted:
MEYNIER, NO
By:
501 W. President George Bush Highway,
Suite 310
Richardson, TX 75080
Telephone: 972-813-1923
Telecopier: 972-231-9569
ATTORNEY FOR DEFENDANT,
MICHAEL OAKLEY
CERTIFICATE OF CONFERENCE
A conference has been held on the merits of this Motion:
I have been unsuccessful in my attempts to contact the Plaintiffs’ attorney.
I have been unsuccesstul in my attempts to discuss this matter with the Plaintiffs’ attorney
as said attorney has not retumed my telephone calls.
This matter has been discussed with opposing counsel and no agreement on the Motion
could be reached.
Plaintiffs’ attorney has agreed and is unopposed to Movant's request under this motion.
oo"CERTIFICATE OF SERVICE
I, John R. Lawson, do hereby certify that a true and correct copy of the above and
foregoing has been served upon the opposing counsel and/or pro se parties by hand delivery, and
that a copy has been forwarded to all counsel and/or pro se parties of record in this cause, on this
the 3° day of December, 2012.
Ms. Valerie S. Hulse
The Hulse Law Firm
P. O. Box 703765
Dallas, TX 75370
LA LawsonMEYNIER, NOHINEK, LOVING & MATTE
a Salaried Employees af Progressive Casualty Insurance Company Z
Not a Partnership, Not a Corporation f, ‘eO OF &, oO
501 W. GEORGE BUSH HIGHWAY EC “6
SUITE 310 , Ff 2
RICHARDSON, TX 75080 je
Steg, (5
- “S05 “cegens
972-813-1923 ” TEA
Telecoprer 972-211-9569 ws Ss
ATTORNEY LEGAL AS oF
Joha R. Lawson Donna L. Pnew”
Writer's Direct Dial: 972-813-1929 Direct Dial: 972-813-193 |
E-mail: John_R_Lawson@progressive com E-mail: Donna_Pitek@progressive com
December 3, 2012
Clerk of the Court
95TH JUDICIAL DISTRICT
George L. Allen, Sr. Courts Bldg.
600 Commerce Street
Dallas. TX 75202
’
RE: Cause No.: DC-12-09749; Tolbert v. Oakley
Dear Sir/Madam:
Enclosed for fiting among the papers in the above-referenced cause of action, pleasé find
the original and one (1) copy of:
1, Defendant’s Motion to Compel Further Responses to Discovery; and
2. Proposed Order.
Please acknowledge receipt of same in your usual manner and return a file-stamped copy
of the enclosed pleading and correspondence ‘to the undersigned in the enclosed self-addressed,
stamped envelope.
By copy of this letter all counsel have been advised of this filing and provided with a
copy of same.
Sincerely yours,
\OHINEK, LOVING & MATTE
JRLdip
Enclosure
Houston Orrice SAN ANTONIO OFFICE
Brookhollow Central 11 4801 NW Loop 410, Suite 380
2950 North Loap West. Suite 350 San Antonio, TX 78229
Houston, TX 77092 (210) 257-2000
(713) 316-7650 Faw: (210) $20-2342
Fax; (713) 868-73889STH JUDICIAL DISTRICT
Recember 3, 2012
Page 2
ce: Valerie Hulse
‘The Hulse Law Firm
P.O. Box 703765
Dallas, TX 75370
Preview
~ f CAUSE NO. DC-12-09749 2, Qe € g, D JOE TOLBERT § IN THE DISERICECAPRT § Sri Ira, Fe Ip v. § 95TH JUDICIALSD keraies oF MICHAEL OAKLEY ; DALLAS ERAS : Pup, § + DEFENDANT’S MOTION TO COMPEL FURTHER ANSWERS TO DISCLOSURES, INTERROGATORIES, REQUEST FOR PRODUCTION AND FOR SANCTIONS TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, MICHAEL OAKLEY, hereinafter referred to as Defendant, and files this Motion to Compel Further Answers to Interrogatories, Request for Production and for Sanctions, and as grounds therefore, would respectfully show unto the Court the following: I. The Defendant previously served JOE TOLBERT, with certain written Interrogatories and Request for Production, all of which were material, relevant and necessary to the issues involved herein, and which were required to be answered by Plaintiff, within thirty (30) days after the service thereof. Such Interrogatories and Request for Production were served on October 5, 2012. Answers were received on or about November 5, 2012. Il. Plaintiff's responses to these inquires were incomplete. Therefore, Defendant brings this Motion to Compel Further Discovery Responses, secking a ruling on Plaintiff's responses and an Order of this Court requiring Plaintiff to answer and respond to Defendant's discovery in full, absent objection, within ten (10) days from the date of the hearing of this Motion. Specifically, Defendant secks such relief with regard to the following discovery responses: Plaintiff, JOE TOLBERT’S Responses to Defendant's First Set of Interrogatories:Nos. 3, 7 and 17. Plaintiff, JOE TOLBERT’S Responses to Defendant’s First Request for Production: Nos. 1, 2, 3, 4, 12, 17,21 AND 26 Plaintiff, JOE TOLBERT’S Responses to Request for Disclosure No. J. All of the above information sought by way of Interrogatories and Request for Production is for the purpose of obtaining specific factual evidence relevant to the Plaintiff's allegations as contained in his Petition. Rather than respond, Plaintiff failed to provide the requested information to the above. Ill. Defendant has incurred reasonable attorney's fees in the preparation and presentation of this motion for which he respectfully requests to be reimbursed from Plaintiff and/or his attorney. WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Motion be set for hearing, and that upon said hearing the Court order Plaintiff to fully and adequately answer the Interrogatories, Request for Production and Request for Disclosure previously served on him, within ten days of the date of the hearing, for costs of this proceeding, and for attorney's fees incurred as a result of the filing of this Motion of at least $250.00; and for such other relief to which he may show himself to be justly entitled.x Respectfully submitted: MEYNIER, NO By: 501 W. President George Bush Highway, Suite 310 Richardson, TX 75080 Telephone: 972-813-1923 Telecopier: 972-231-9569 ATTORNEY FOR DEFENDANT, MICHAEL OAKLEY CERTIFICATE OF CONFERENCE A conference has been held on the merits of this Motion: I have been unsuccessful in my attempts to contact the Plaintiffs’ attorney. I have been unsuccesstul in my attempts to discuss this matter with the Plaintiffs’ attorney as said attorney has not retumed my telephone calls. This matter has been discussed with opposing counsel and no agreement on the Motion could be reached. Plaintiffs’ attorney has agreed and is unopposed to Movant's request under this motion. oo"CERTIFICATE OF SERVICE I, John R. Lawson, do hereby certify that a true and correct copy of the above and foregoing has been served upon the opposing counsel and/or pro se parties by hand delivery, and that a copy has been forwarded to all counsel and/or pro se parties of record in this cause, on this the 3° day of December, 2012. Ms. Valerie S. Hulse The Hulse Law Firm P. O. Box 703765 Dallas, TX 75370 LA LawsonMEYNIER, NOHINEK, LOVING & MATTE a Salaried Employees af Progressive Casualty Insurance Company Z Not a Partnership, Not a Corporation f, ‘eO OF &, oO 501 W. GEORGE BUSH HIGHWAY EC “6 SUITE 310 , Ff 2 RICHARDSON, TX 75080 je Steg, (5 - “S05 “cegens 972-813-1923 ” TEA Telecoprer 972-211-9569 ws Ss ATTORNEY LEGAL AS oF Joha R. Lawson Donna L. Pnew” Writer's Direct Dial: 972-813-1929 Direct Dial: 972-813-193 | E-mail: John_R_Lawson@progressive com E-mail: Donna_Pitek@progressive com December 3, 2012 Clerk of the Court 95TH JUDICIAL DISTRICT George L. Allen, Sr. Courts Bldg. 600 Commerce Street Dallas. TX 75202 ’ RE: Cause No.: DC-12-09749; Tolbert v. Oakley Dear Sir/Madam: Enclosed for fiting among the papers in the above-referenced cause of action, pleasé find the original and one (1) copy of: 1, Defendant’s Motion to Compel Further Responses to Discovery; and 2. Proposed Order. Please acknowledge receipt of same in your usual manner and return a file-stamped copy of the enclosed pleading and correspondence ‘to the undersigned in the enclosed self-addressed, stamped envelope. By copy of this letter all counsel have been advised of this filing and provided with a copy of same. Sincerely yours, \OHINEK, LOVING & MATTE JRLdip Enclosure Houston Orrice SAN ANTONIO OFFICE Brookhollow Central 11 4801 NW Loop 410, Suite 380 2950 North Loap West. Suite 350 San Antonio, TX 78229 Houston, TX 77092 (210) 257-2000 (713) 316-7650 Faw: (210) $20-2342 Fax; (713) 868-73889STH JUDICIAL DISTRICT Recember 3, 2012 Page 2 ce: Valerie Hulse ‘The Hulse Law Firm P.O. Box 703765 Dallas, TX 75370