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CAUSE NO. DC-1t hase? ”
“LE . oO
MARIA CARMEN GRIFALDO, 8 ; “OsIN ‘2mm DISTRICT COURT
ADOLFO HERNANDEZ, 8 “Seago
FRANCISCO FRANCO § “ar SPRICERL DISTRICT OF
§ Qn, Mp
v. § “DALLAS COUNTY, TEXAS
CHARLES WHITE AND 8
ROSA GONZALEZ
DEFENDANT’S MOTION TO COMPEL FURTHER ANSWERS TO
INTERROGATORIES, REQUEST FOR PRODUCTION AND FOR SANCTIONS
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, CHARLES WHITE, 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:
1.
The Defendant previously served MARIA CARMEN GRIFALDO, ADOLFO
HERNANDEZ and FRANCISCO FRANCO, 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 December 29, 2011.
Answers were received on or about January 30, 2012.
I.
Plaintiffs’ responses to these inquires were incomplete. Therefore, Defendant brings this
Motion to Compe! Further Discovery Responses, seeking a ruling on Plaintiffs’ responses and an
Order of this Court requiring Plaintiffs 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 seeks such relief with regard to the following discovery responses:
Plaintiff, MARIA CARMEN GRIFALDO’s Responses to Defendant’s First Set of
Interrogatories: Nos. 1, 4, 5, 6, 7, 12, 14 and 19.
Plaintiff, MARIA CARMEN GRIFALDO’s Responses to Defendant’s First Request for
Production: Nos. 22 and 25.
Plaintiff, FRANCISO FRANCO’s Responses to Defendant’s First Set of Interrogatories:
Nos. 1, 4, 5, 7, 12, 16 and 19.
Plaintiff, FRANCISCO FRANCO’s Responses to Defendant’s First Request for
Production: Nos. 22 and 25.
Plaintiff, ADOLFO HERNANDEZ’ Responses to Defendants First Set of
Interrogatories: Nos. 1, 4, 6, 11, 12, 14, 16 and 19.
Plaintiff, ADOLFO HERNANDEZ’ Responses to Defendant's First Request for
Production: Nos. 22 and 25.
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 Plaintiffs’ allegations as
contained in their Petition. Rather than respond, Plaintiffs failed to provide the requested
information to the above.
Il.
Defendant has incurred reasonable attorney's fees in the preparation and presentation of
this motion for which he respectfully requests to be reimbursed from Plaintiffs and/or their
attorney.WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Motion be set for
hearing, and that upon said hearing the Court order Plaintiffs to fully and adequately answer the
Interrogatories, Request for Production and Request for Disclosure previously served on them,
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.
Respectfully submitted:
MEYNIER, NOHINEK & LOVING
By: 0 ES -
Johi R-Lawson
‘State Bar No. 12059055
501 W. President George Bush Highway,
Suite 310
Richardson, TX 75080
Telephone: 972-813-1923
Telecopier: 972-231-9569
ATTORNEY FOR DEFENDANT,
CHARLES WHITECERTIFICATE OF CONFERENCE
A conference has been held on the merits of this Motion:
Thave been unsuccessful in my attempts to contact the Plaintiffs! attorney.
Ihave been unsuccessful in my attempts to discuss this matter with the Plaintiffs’ attorney
as said attorney has not returned my telephone calls.
This matter has been discussed with opposing counsel and no agreement on the Motion
could be reached.
Piaintiffs' attorney has agreed and is unopposed to Movant's request under this motion.
_o7
John Cawson
vo)
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coCERTIFICATE 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 9" day of October, 2012.
Mr. Clay Lewis Jenkins
Jenkins & Jenkins. P.C.
516 W. Main Street
Waxahachie, TX 75165CAUSE NO. DC-11-14368
MARIA CARMEN GRIFALDO, § IN THE DISTRICT COURT
ADOLFO HERNANDEZ, §
FRANCISCO FRANCO § 44TH JUDICIAL DISTRICT OF
§
ve § DALLAS COUNTY, TEXAS
CHARLES WHITE AND §
ROSA GONZALEZ
ORDER GRANTING DEFENDANT’S MOTION TO COMPEL FURTHER ANSWERS TO
INTERROGATORIES, REQUEST FOR PRODUCTION AND FOR SANCTIONS
TO THE HONORABLE JUDGE OF SAID COURT:
On this day came on to be heard the Defendant's Motion to Compe. The Court, having
considered the Motion and the argument of counsel, finds the following:
IT IS ORDERED that the Plaintiffs shall provide all information and materials responsive to
the Defendant's First Set of Written Discovery within days of the date of this order.
IT IS FUTHER ORDERED as Sanctions
SIGNED this day of » 2012.
JUDGE PRESIDING”.
MEYNIER, NOHINEK, LOVING & MATBE “SD
y ‘ Salaried Employees of Progressive Casualty ‘Insurance Compbany C
Not a Partnership, Not a Corpor’ dion’ EO 4% oO
501 W. GEORGE BUSH HIGHWAY “S74 oO
GRA A,
SUITE 310 \ “Ce,
RICHARDSON, TX 75080 Oo C4, 2
"AGO,
— Ft OP
972-813-1923 % Xp
Telecopier 972-231-9569 a
ATTORNEY a LEGAL ASSISTANT
John R. Lawson
‘Writer's Direct Dial; 972-813-1929
E-mail: John_R_Lawson@progressive.com
Donna Pitek
Direct Dial: 972-813-1931
E-mail: Donna_Pitek@progressive.com
October 9, 2012
Lafonda Sims
44TH JUDICIAL DISTRICT
George L. Allen, Sr. Courts Bldg.
600 Commerce Street
Dallas, TX 75202
RE: Cause No.: DC-11-14368; Grifaldo v. White
Dear Sir/Madam:
Enclosed for filing among the papers in the above-referenced cause of action, please find
the original and one (1) copy of:
i. Defendant’s Motion to Compel Further Responses;
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,
MEYNIER,NOHINEK, LOVING & MATTE
IRLidp
Enclosures as stated
HOUSTON OFFICE
Brookholiow Central HI
2950 North Loop West. Suite 350
Houston, TX 77092
(713) 316-7650
Fax: (713) 868-7388
SAN ANTONIO OFFICE
4801 NW Loop 410, Suite 350
San Antonio, TX 78229
(210) 257-2090
Fax: (210) 520-234244TH JUDICIAL DISTRICT
October 9, 2012
Page 2
ce: Mr. Stephen Daniel
Jenkins & Jenkins, P.C.
516 W. Main Street
Waxahachie, TX 75165
Preview
es e Oo CS 2p. “4, “& CAUSE NO. DC-1t hase? ” “LE . oO MARIA CARMEN GRIFALDO, 8 ; “OsIN ‘2mm DISTRICT COURT ADOLFO HERNANDEZ, 8 “Seago FRANCISCO FRANCO § “ar SPRICERL DISTRICT OF § Qn, Mp v. § “DALLAS COUNTY, TEXAS CHARLES WHITE AND 8 ROSA GONZALEZ DEFENDANT’S MOTION TO COMPEL FURTHER ANSWERS TO INTERROGATORIES, REQUEST FOR PRODUCTION AND FOR SANCTIONS TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, CHARLES WHITE, 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: 1. The Defendant previously served MARIA CARMEN GRIFALDO, ADOLFO HERNANDEZ and FRANCISCO FRANCO, 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 December 29, 2011. Answers were received on or about January 30, 2012. I. Plaintiffs’ responses to these inquires were incomplete. Therefore, Defendant brings this Motion to Compe! Further Discovery Responses, seeking a ruling on Plaintiffs’ responses and an Order of this Court requiring Plaintiffs 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 seeks such relief with regard to the following discovery responses: Plaintiff, MARIA CARMEN GRIFALDO’s Responses to Defendant’s First Set of Interrogatories: Nos. 1, 4, 5, 6, 7, 12, 14 and 19. Plaintiff, MARIA CARMEN GRIFALDO’s Responses to Defendant’s First Request for Production: Nos. 22 and 25. Plaintiff, FRANCISO FRANCO’s Responses to Defendant’s First Set of Interrogatories: Nos. 1, 4, 5, 7, 12, 16 and 19. Plaintiff, FRANCISCO FRANCO’s Responses to Defendant’s First Request for Production: Nos. 22 and 25. Plaintiff, ADOLFO HERNANDEZ’ Responses to Defendants First Set of Interrogatories: Nos. 1, 4, 6, 11, 12, 14, 16 and 19. Plaintiff, ADOLFO HERNANDEZ’ Responses to Defendant's First Request for Production: Nos. 22 and 25. 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 Plaintiffs’ allegations as contained in their Petition. Rather than respond, Plaintiffs failed to provide the requested information to the above. Il. Defendant has incurred reasonable attorney's fees in the preparation and presentation of this motion for which he respectfully requests to be reimbursed from Plaintiffs and/or their attorney.WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Motion be set for hearing, and that upon said hearing the Court order Plaintiffs to fully and adequately answer the Interrogatories, Request for Production and Request for Disclosure previously served on them, 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. Respectfully submitted: MEYNIER, NOHINEK & LOVING By: 0 ES - Johi R-Lawson ‘State Bar No. 12059055 501 W. President George Bush Highway, Suite 310 Richardson, TX 75080 Telephone: 972-813-1923 Telecopier: 972-231-9569 ATTORNEY FOR DEFENDANT, CHARLES WHITECERTIFICATE OF CONFERENCE A conference has been held on the merits of this Motion: Thave been unsuccessful in my attempts to contact the Plaintiffs! attorney. Ihave been unsuccessful in my attempts to discuss this matter with the Plaintiffs’ attorney as said attorney has not returned my telephone calls. This matter has been discussed with opposing counsel and no agreement on the Motion could be reached. Piaintiffs' attorney has agreed and is unopposed to Movant's request under this motion. _o7 John Cawson vo) R- ea a“ coCERTIFICATE 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 9" day of October, 2012. Mr. Clay Lewis Jenkins Jenkins & Jenkins. P.C. 516 W. Main Street Waxahachie, TX 75165CAUSE NO. DC-11-14368 MARIA CARMEN GRIFALDO, § IN THE DISTRICT COURT ADOLFO HERNANDEZ, § FRANCISCO FRANCO § 44TH JUDICIAL DISTRICT OF § ve § DALLAS COUNTY, TEXAS CHARLES WHITE AND § ROSA GONZALEZ ORDER GRANTING DEFENDANT’S MOTION TO COMPEL FURTHER ANSWERS TO INTERROGATORIES, REQUEST FOR PRODUCTION AND FOR SANCTIONS TO THE HONORABLE JUDGE OF SAID COURT: On this day came on to be heard the Defendant's Motion to Compe. The Court, having considered the Motion and the argument of counsel, finds the following: IT IS ORDERED that the Plaintiffs shall provide all information and materials responsive to the Defendant's First Set of Written Discovery within days of the date of this order. IT IS FUTHER ORDERED as Sanctions SIGNED this day of » 2012. JUDGE PRESIDING”. MEYNIER, NOHINEK, LOVING & MATBE “SD y ‘ Salaried Employees of Progressive Casualty ‘Insurance Compbany C Not a Partnership, Not a Corpor’ dion’ EO 4% oO 501 W. GEORGE BUSH HIGHWAY “S74 oO GRA A, SUITE 310 \ “Ce, RICHARDSON, TX 75080 Oo C4, 2 "AGO, — Ft OP 972-813-1923 % Xp Telecopier 972-231-9569 a ATTORNEY a LEGAL ASSISTANT John R. Lawson ‘Writer's Direct Dial; 972-813-1929 E-mail: John_R_Lawson@progressive.com Donna Pitek Direct Dial: 972-813-1931 E-mail: Donna_Pitek@progressive.com October 9, 2012 Lafonda Sims 44TH JUDICIAL DISTRICT George L. Allen, Sr. Courts Bldg. 600 Commerce Street Dallas, TX 75202 RE: Cause No.: DC-11-14368; Grifaldo v. White Dear Sir/Madam: Enclosed for filing among the papers in the above-referenced cause of action, please find the original and one (1) copy of: i. Defendant’s Motion to Compel Further Responses; 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, MEYNIER,NOHINEK, LOVING & MATTE IRLidp Enclosures as stated HOUSTON OFFICE Brookholiow Central HI 2950 North Loop West. Suite 350 Houston, TX 77092 (713) 316-7650 Fax: (713) 868-7388 SAN ANTONIO OFFICE 4801 NW Loop 410, Suite 350 San Antonio, TX 78229 (210) 257-2090 Fax: (210) 520-234244TH JUDICIAL DISTRICT October 9, 2012 Page 2 ce: Mr. Stephen Daniel Jenkins & Jenkins, P.C. 516 W. Main Street Waxahachie, TX 75165