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Filed
09 May 27 P3:22
Amalia Rodriguez-Mendoza
District Clerk :
Travis District
CAUSE NO, D-1-FM-09-001802
IN THE INTEREST OF § IN THE DISTRICT COURT OF
§
MILO PHINEAS BAKER § TRAVIS COUNTY, TEXAS
§
A MINOR CHILD § 353rd JUDICIAL DISTRICT
MOTION TO QUASH THE NOTICE OF INTENTION TO TAKE ORAL DEPOSITION
OF SUSAN DELAVA
COMES NOW, SUSAN DELAVA, Petitioner, and files this her Motion to Quash the
Notice of Intention to Take Oral Deposition of SUSAN DELAVA. In support, SUSAN
DELAVA will show the Court as follows:
I
Charles F. Bowes, counsel for SUSAN DELAVA, was served on May 22, 2009, via
facsimile, with a Notice of Intention to Take Oral Deposition of SUSAN DELAVA noticing the
deposition of Respondent, SUSAN DELAVA, for Thursday, May 28, 2009, at 1:30 p.m. (Pacific
time). A copy of the Notice of Intention to Take the Oral Deposition of Susan Delava is attached
hereto as Exhibit A and incorporated herein by reference for all purposes. Counsel for KOLLIN
WRIGHT BAKER served this notice on counsel for SUSAN DELAVA without consulting with
counsel for SUSAN DELAVA regarding his availability.
SUSAN DELAVA objects to the time of the deposition. Counsel for SUSAN DELAVA
is not available for depositions on Thursday, May 28, 2009, as he is scheduled for a temporary
orders hearing that day. In addition, SUSAN DELAVA’s California counsel (in the California
proceeding) is not available on May 28, 2009.
SUSAN DELAVA further objects to the location of the noticed deposition. There aremore convenient locations for a deposition.
Il.
Rule 199.4 of the Texas Rules of Civil Procedure states that a party may object to the
time and place designated for an oral deposition by motion for protective order or by motion to
quash the notice of deposition. Tex. R. Civ. P. 199.4. If the motion is filed by the third business
day after service of the notice of deposition, an objection to time and place of a deposition stays
the oral deposition until the motion can be determined. Id. Pursuant to Rule 199.4, SUSAN
DELAVA files this timely motion to quash the deposition as to the time stated in the Notice of
Oral Deposition of Susan Delava, hereby staying this deposition until this motion can be
determined by this Court.
ii.
A SUSAN DELAVA object to the time and place of the deposition of SUSAN DELAVA
as noticed and asserts the protections afforded her by Rule 199.4 of the Texas Rules of Civil
Procedure, by automatically staying the deposition until this motion can be determined by the
Court.
Iv.
It has been necessary for SUSAN DELAVA to retain the services of Charles F. Bowes, a
licensed attorney, for the protection of her rights, properties and interests. Attorneys’ fees should
be assessed against KOLLIN WRIGHT BAKER in an amount that the court determines to be
reasonable, and KOLLIN WRIGHT BAKER should be ordered to pay attorneys’ fees and other
expenses incurred by KOLLIN WRIGHT BAKER in bringing this motion.
Prayer
SUSAN DELAVA prays that the Court grant this Motion to Quash the Notice ofIntention to Take Oral Deposition of SUSAN DELAVA as set forth hereinabove.
SUSAN DELAVA prays for attorneys’ fees as expenses of this Motion.
SUSAN DELAVA prays for such other and further relief to which she may show herself
entitled.
Respectfully submitted,
COLDWELL | BOWES, L.L.P.
919 Congress Avenue, Suite 1200
Austin, Texas 78701
(512) 472-2040 Telephone
(512) 472-203 9Yacsymile
By:
Charlds F. Béwes
State Bar Mumber 00793112
ATTORNEY FOR RESPONDENT,
SUSAN DELAVA
Certificate of Service
By my signature appearing below, I hereby certify that a true and correct copy of the
foregoing has been served on KOLLIN WRIGHT BA. ’s attorney of record, in accordance
with the Texas Rules of Civil Procedure, on this the day of May, 2009.
Charles F Bowes85/22/2869 15:51 439-8248 NEIL BEYER PAGE 62/63
CAUSE NO. D-1-FM-09-001802
IN THE INTEREST OF § IN THE DISTRICT COURT OF
§
MILO PHINEAS BAISER, § TRAVIS COUNTY, TEXAS
8
A MINOR CHILD § 353rd JUDICIAL DISTRICT
NOTICE OF INTENTION TO TAKE ORAL DEPOSITION OF SUSAN DELAVA
To: SUSAN DELAVA, by and through her attorney of record, Charles F. Bowes, 919
Congress Avenue, Suite 1200, Austin, Texas, 7870).
Under rule 199 of the Texas Rules of Civil Procedure, you are notified that you are required
to be present aud give your oral deposition in this case at The Law Offices of Des Jardins & Haapala,
333 City Boulevard West, Suite 1210, Orange, California, 92868, on Thursday, May 28, 2009, at
1:30 p.m. Pacific time. This deposition will be recorded by stenographic means, an officer
authorized by law to take depositions, and will continue until 3:30 p.m. This deposition will not be
taken by telephone or other remote electronic means, This deposition may be recorded by video
recording. This notice is provided in accordance with rule 199.1(c) of the Texas Rules of Civil
Procedure,
You are further notified, in accordance with rule 199.2(b)(1) of the Texas Rules of Civil
Procedure, examination is requested on all issues relevant to this case.
Respectfully submitted,
THE LAW OFFICES OF NEIL T. BEYER
702 Rio Grande Street
Austin, Texas 78701
(512) 499-0800
(512) 499-8240 (Fax)
By: Witt.
N#<. BEYER i
STATE BAR No. 2400/37
ATTORNEY FOR PETITIONER,
KOLLIN WRIGHT BAKER85/22/2003 15:51 439-8240 NEIL BEYER PAGE 93/83
CERTIFICATE OF SERVICE
By my signature above, I certify that a true and correct copy of the above and foregoing was
forwarded on this the 22nd day of May, 2009, as follows:
VIA FACSIMILE: (512) 472-2030
Charles F, Bowes
919 Congress Avenue, Suite 1200
Austin, Texas 78701
ATTORNEY FOR SUSAN DELAVA
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Filed 09 May 27 P3:22 Amalia Rodriguez-Mendoza District Clerk : Travis District CAUSE NO, D-1-FM-09-001802 IN THE INTEREST OF § IN THE DISTRICT COURT OF § MILO PHINEAS BAKER § TRAVIS COUNTY, TEXAS § A MINOR CHILD § 353rd JUDICIAL DISTRICT MOTION TO QUASH THE NOTICE OF INTENTION TO TAKE ORAL DEPOSITION OF SUSAN DELAVA COMES NOW, SUSAN DELAVA, Petitioner, and files this her Motion to Quash the Notice of Intention to Take Oral Deposition of SUSAN DELAVA. In support, SUSAN DELAVA will show the Court as follows: I Charles F. Bowes, counsel for SUSAN DELAVA, was served on May 22, 2009, via facsimile, with a Notice of Intention to Take Oral Deposition of SUSAN DELAVA noticing the deposition of Respondent, SUSAN DELAVA, for Thursday, May 28, 2009, at 1:30 p.m. (Pacific time). A copy of the Notice of Intention to Take the Oral Deposition of Susan Delava is attached hereto as Exhibit A and incorporated herein by reference for all purposes. Counsel for KOLLIN WRIGHT BAKER served this notice on counsel for SUSAN DELAVA without consulting with counsel for SUSAN DELAVA regarding his availability. SUSAN DELAVA objects to the time of the deposition. Counsel for SUSAN DELAVA is not available for depositions on Thursday, May 28, 2009, as he is scheduled for a temporary orders hearing that day. In addition, SUSAN DELAVA’s California counsel (in the California proceeding) is not available on May 28, 2009. SUSAN DELAVA further objects to the location of the noticed deposition. There aremore convenient locations for a deposition. Il. Rule 199.4 of the Texas Rules of Civil Procedure states that a party may object to the time and place designated for an oral deposition by motion for protective order or by motion to quash the notice of deposition. Tex. R. Civ. P. 199.4. If the motion is filed by the third business day after service of the notice of deposition, an objection to time and place of a deposition stays the oral deposition until the motion can be determined. Id. Pursuant to Rule 199.4, SUSAN DELAVA files this timely motion to quash the deposition as to the time stated in the Notice of Oral Deposition of Susan Delava, hereby staying this deposition until this motion can be determined by this Court. ii. A SUSAN DELAVA object to the time and place of the deposition of SUSAN DELAVA as noticed and asserts the protections afforded her by Rule 199.4 of the Texas Rules of Civil Procedure, by automatically staying the deposition until this motion can be determined by the Court. Iv. It has been necessary for SUSAN DELAVA to retain the services of Charles F. Bowes, a licensed attorney, for the protection of her rights, properties and interests. Attorneys’ fees should be assessed against KOLLIN WRIGHT BAKER in an amount that the court determines to be reasonable, and KOLLIN WRIGHT BAKER should be ordered to pay attorneys’ fees and other expenses incurred by KOLLIN WRIGHT BAKER in bringing this motion. Prayer SUSAN DELAVA prays that the Court grant this Motion to Quash the Notice ofIntention to Take Oral Deposition of SUSAN DELAVA as set forth hereinabove. SUSAN DELAVA prays for attorneys’ fees as expenses of this Motion. SUSAN DELAVA prays for such other and further relief to which she may show herself entitled. Respectfully submitted, COLDWELL | BOWES, L.L.P. 919 Congress Avenue, Suite 1200 Austin, Texas 78701 (512) 472-2040 Telephone (512) 472-203 9Yacsymile By: Charlds F. Béwes State Bar Mumber 00793112 ATTORNEY FOR RESPONDENT, SUSAN DELAVA Certificate of Service By my signature appearing below, I hereby certify that a true and correct copy of the foregoing has been served on KOLLIN WRIGHT BA. ’s attorney of record, in accordance with the Texas Rules of Civil Procedure, on this the day of May, 2009. Charles F Bowes85/22/2869 15:51 439-8248 NEIL BEYER PAGE 62/63 CAUSE NO. D-1-FM-09-001802 IN THE INTEREST OF § IN THE DISTRICT COURT OF § MILO PHINEAS BAISER, § TRAVIS COUNTY, TEXAS 8 A MINOR CHILD § 353rd JUDICIAL DISTRICT NOTICE OF INTENTION TO TAKE ORAL DEPOSITION OF SUSAN DELAVA To: SUSAN DELAVA, by and through her attorney of record, Charles F. Bowes, 919 Congress Avenue, Suite 1200, Austin, Texas, 7870). Under rule 199 of the Texas Rules of Civil Procedure, you are notified that you are required to be present aud give your oral deposition in this case at The Law Offices of Des Jardins & Haapala, 333 City Boulevard West, Suite 1210, Orange, California, 92868, on Thursday, May 28, 2009, at 1:30 p.m. Pacific time. This deposition will be recorded by stenographic means, an officer authorized by law to take depositions, and will continue until 3:30 p.m. This deposition will not be taken by telephone or other remote electronic means, This deposition may be recorded by video recording. This notice is provided in accordance with rule 199.1(c) of the Texas Rules of Civil Procedure, You are further notified, in accordance with rule 199.2(b)(1) of the Texas Rules of Civil Procedure, examination is requested on all issues relevant to this case. Respectfully submitted, THE LAW OFFICES OF NEIL T. BEYER 702 Rio Grande Street Austin, Texas 78701 (512) 499-0800 (512) 499-8240 (Fax) By: Witt. N#<. BEYER i STATE BAR No. 2400/37 ATTORNEY FOR PETITIONER, KOLLIN WRIGHT BAKER85/22/2003 15:51 439-8240 NEIL BEYER PAGE 93/83 CERTIFICATE OF SERVICE By my signature above, I certify that a true and correct copy of the above and foregoing was forwarded on this the 22nd day of May, 2009, as follows: VIA FACSIMILE: (512) 472-2030 Charles F, Bowes 919 Congress Avenue, Suite 1200 Austin, Texas 78701 ATTORNEY FOR SUSAN DELAVA