Creekview Addn PD-CS091214NO. DV08- 01366 -F
TIMOTHY G. PLETTA § IN THE DISTRICT COURT
and ANN H. PLETTA, §
§
Plaintiff, §
vs. § 116th JUDICIAL DISTRICT
ALBERT JOHNSON §
and KATHLEEN JOHNSON, §
§
Defendant. § DALLAS COUNTY, TEXAS
SUBPOENA FOR PRODUCTION OF DOCUMENTS
THE STATE OF TEXAS
TO: The City of Coppell, Planning and Zoning, by and through its
Custodian of Records, 255 Parkway Blvd., Coppell, Texas 75019
Greetings:
YOU ARE COMMANDED to produce and permit inspection and copying
of the documents identified in the attached form of notice, which
was served on all parties and the person to whom this subpoena is
addressed on November 12, 2009. The requested documents are to be
produced at the following time and place:
December 14, 2009 at 10:00 a.m., at 150 East Bethel Road,
Coppell, Texas, 75019, Timothy G. Pletta, counsel for
Plaintiff in the above styled and numbered matter,
SUBPOENA FOR PRODUCTION OF DOCUMENTS Page 1
DUTIES OF PERSON SERVED WITH SUBPOENA
You are advised that under Texas Rule of Civil Procedure 176,
a person served with a discovery subpoena has certain rights and
obligations. Rule 176.6 provides:
(a) Compliance required. Except as provided in this
subdivision, a person served with a subpoena must comply with the
command stated in the subpoena unless discharged by the court or by
the party summoning such witness. A person commanded to appear and
give testimony must remain at the place of deposition, hearing, or
trial from day to day until discharged by the court or by the party
summoning the witness.
(b) Organizations. If a subpoena commanding testimony is
directed to a corporation, partnership, association, governmental
agency, or other organization, and the matters on which examination
is requested are described with reasonable particularity, the
organization must designate one or more persons to testify on its
behalf as to matters known or reasonably available to the
organization.
(c) Production of documents or tangible things. A person
commanded to produce documents or tangible things need not appear
in person at the time and place of production unless the person is
also commanded to attend and give testimony, either in the same
subpoena or separate one. A person must produce documents as they
are kept in the usual course of business or must organize and label
them to correspond with the categories in the demand. A person may
withhold material or information claimed to be privileged but must
comply with Rule 193.3. A nonparty's production of a document
SUBPOENA FOR PRODUCTION OF DOCUMENTS Page 2
authenticates the document for use against the nonparty to the same
extent as a party's production of a document is authenticated for
use against the party under Rule 193.7.
(d) Objections. A person commanded to produce and permit
inspection and copying of designated documents and things may serve
on the party requesting issuance of the subpoena -- before the time
specified for compliance -- written objections to producing any or
all of the designated materials. A person need not comply with the
part of a subpoena to which objection is made as provided in this
paragraph unless ordered to do so by the court. The party
requesting the subpoena may move for such an order at any time
after an objection is made.
(e) Protective orders. A person commanded to appear at a
deposition, hearing, or trial, or to produce and permit inspection
and copying of designated documents and things may move for a
protective order under Rule 192.6(b) -- before the time specified for
compliance -- either in the court in which the action is pending or
in a district court in the county where the subpoena was served.
The person must serve the motion on all parties in accordance with
Rule 21a. A person need not comply with the part of a subpoena
from which protection is sought under this paragraph unless ordered
to do so by the court. The party requesting the subpoena may seek
such an order at any time after the motion for protection is filed.
Warning
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
SUBPOENA FOR PRODUCTION OF DOCUMENTS Page 3
which the subpoena is served, and may be punished by fine or
confinement, or both.
This subpoena is issued at the request of Timothy G. Pletta
and Ann H. Pletta, whose attorney of record is Timothy G. Pletta.
Date of Issuance: November 12, 2009
SUBPOENA ISSUED BY:
Tin'othy C�. Pktta
Attorney or Timothy G. Pletta
and Ann H. Pletta
CERTIFICATE OF SERVICE
This is to certify a true and correct copy of this Subpoena
for Production of Documents has been served on all parties, via
hand delivery, on this the 13th day_of November, 2009.
( � U *Wx j
TIMOTHY G.,PL TTA
CERTIFICATE OF SERVICE
This is to certify a true and correct copy of this Subpoena
for Production of Documents has been served on all non parties, via
Hand delivery, on this the 13th day of November, 2009.
SUBPOENA FOR PRODUCTION OF DOCUMENTS Page 4
MEMORANDUM OF ACCEPTANCE
I accepted service of a copy of the subpoena on the day of
November, 2009.
signature of witness
RETURN OF SUBPOENA
I certify that I served the annexed subpoena by delivering a
copy and the required fee of $1.00 to The City of Coppell, Planning
and Zoning, by and through its Custodian of Records, in person, at
_ .m. on the day of November, 2009.
signature
printed name
title
SUBPOENA FOR PRODUCTION OF DOCUMENTS Page 5
NO. DV08- 01366 -F
TIMOTHY G. PLETTA § IN THE DISTRICT COURT
and ANN H. PLETTA, §
Plaintiff, §
vs. § 116th JUDICIAL DISTRICT
ALBERT JOHNSON §
and KATHLEEN JOHNSON, §
Defendant. § DALLAS COUNTY; TEXAS
NOTICE TO PRODUCE DOCUMENTS PURSUANT TO TROP 205.2
TO: The City of Coppell, Planning and Zoning, by and through its
Custodian of Records, 255 Parkway Blvd., Coppell, Texas 75019
PLEASE TAKE NOTICE pursuant to Texas Rule of Civil Procedure
205.2 that you are required to produce the following documents
and /or items at 10:00 a.m., on December 14, 2009, at the office of
Timothy G. Pletta, located at 150 East Bethel Road, Coppell, Texas
75019, c/o Mr. Timothy G. Pletta, Attorney of Record for Timothy G.
Pletta and Ann H. Pletta, Plaintiff, in the above - referenced and
cause numbered action:
1. Any and all building applications submitted by Albert and /or
Kathleen Johnson to the City of Coppell for construction of
their wooden fence by and between lots 154 E. Bethel Road and
150 E. Bethel Road, Coppell, Texas 75019.
2. Any survey submitted by Albert and /or Kathleen Johnson to the
City of Coppell for construction of their wooden fence by and
between lots 154 E. Bethel Road and 150 E. Bethel Road,
Coppell, Texas 75019.
3. Any and all building applications submitted by Albert and /or
Kathleen Johnson to the City of Coppell for construction of
their stone wall by and between lots 154 E. Bethel Road and
150 E. Bethel Road, Coppell, Texas 75019.
NOTICE TO PRODUCE DOCUMENTS PURSUANT TO TRCP 205.2 Page 1
4. Any survey submitted by Albert and /or Kathleen Johnson to the
City of Coppell for construction of their stone wall by and
between lots 154 E. Bethel Road and 150 E. Bethel Road,
Coppell, Texas 75019.
S. Any and all building applications submitted by Albert and /or
Kathleen Johnson to the City of Coppell for construction of
their stone wall on the north end of lot 154 E. Bethel Road,
Coppell, Texas 75019.
6. Any survey submitted by Albert and /or Kathleen Johnson to the
City of Coppell for construction of their stone wall on the
north end of lot 154 E. Bethel Road, Coppell, Texas 75019.
7. Any and all plans and specifications showing the dimension,
shape, height, length, materials, and location, ect. submitted
by Albert and /or Kathleen Johnson to the City of Coppell for
construction of their stone wall on the north end of lot 154
E. Bethel Road, Coppell, Texas 75019.
8. Any and all building permits given by the City of Coppell to
Albert and /or Kathleen Johnson for construction of their
wooden fence by and between lots 154 E. Bethel Road and 150 E.
Bethel Road, Coppell, Texas 75019.
9. Any and all building permits given by the City of Coppell to
Albert and /or Kathleen Johnson for construction of stone wall
by and between lots 154 E. Bethel Road and 150 E. Bethel Road,
Coppell, Texas 75019.
10. Any and all building permits given by the City of Coppell to
Albert and /or Kathleen Johnson for construction of their stone
wall on the north end of lot 154 E. Bethel Road, Coppell,
Texas 75019.
11. Any fence permit given or issued by the City of Coppell to
Albert and /or Kathleen Johnson for construction of their
wooden fence by and between lots 154 E. Bethel Road and 150 E.
Bethel Road, Coppell, Texas 75019.
12. A copy of the City of Coppell's fence permit ordinance or
statute.
13. A copy of the City of Coppell's building permit ordinance or
statute.
14. A copy of the City of Coppell's set back ordinance or statute.
15. A copy of the City of Coppell's floodplain ordinance.
16. Any and all documents and /or correspondence received from
Timothy Pletta relating to Albert and /or Kathleen Johnson's
wooden fence or stone retaining wall located at 154 E. Bethel
Road, Coppell, Texas 75019.
NOTICE TO PRODUCE DOCUMENTS PURSUANT TO TRCP 205.2 Page 2
17. Any and all documents and /or correspondence sent to Timothy
Pletta relating to Albert and /or Kathleen Johnson's wooden
fence or stone retaining wall located at 154 E. Bethel Road,
Coppell, Texas 75019.
18. Any and all documents and /or correspondence received from
Timothy Pletta relating to its lot located at 200 E. Bethel
Road, Coppell, Texas 75019.
19. Any and all documents and /or correspondence sent to Timothy
Pletta relating to its lot located at 200 E. Bethel Road,
Coppell, Texas 75019.
20. Any and all documents and /or correspondence received from
Albert and /or Kathleen Johnson and /or their attorney_ relating
to Albert and /or Kathleen Johnson's wooden fence or stone
retaining wall located at 154 E. Bethel Road, Coppell, Texas
75019.
21. Any and all documents and /or correspondence sent to Albert
and /or Kathleen Johnson and /or their attorney relating to
Albert and /or Kathleen Johnson's wooden fence or stone
retaining wall located at 154 E. Bethel Road, Coppell, Texas
75019.
22. Any and all documents and /or correspondence received from
Creekview Homeowners Association relating to Albert and /or
Kathleen Johnson's wooden fence or stone retaining wall
located at 154 E. Bethel Road, Coppell, Texas 75019.
23. Any and all documents and /or correspondence sent to Creekview
Homeowners Association relating to Albert and /or Kathleen
Johnson's wooden fence or stone retaining wall located at 154
E. Bethel Road, Coppell, Texas 75019.
24. Any and all documents reviewed or relied to support Timothy A.
Oates allegation referenced in his Affidavit dated September
14, 2009, that, "The fence and retaining wall constructed by
Albert and Kathleen Johnson at 154 E. Bethel Road, Coppell,
Dallas County, Texas does (sic) not violate any applicable
city law, ordinance or rule."
25. Any and all documents reviewed or relied to support Timothy A.
Oates allegation referenced in his Affidavit dated September
14, 2009, that, "... no City of Coppell laws, ordinance or
rules are being violated by the Johnson's fence or retaining
wall."
NOTICE TO PRODUCE DOCUMENTS PURSUANT TO TRCP 205.2 Page 3
LAW OFFICE OF TIMOTHY G. PLETTA
LIM
TIMOTHY . PhETI'A
State Ba No. 16071800
150 Bethel Road
Coppell, Texas 75019
Telephone: (972) 462 -0321
Facsimile: (972) 462 -0465
ATTORNEY FOR PLAINTIFF
TIMOTHY G. PLETTA
and ANN H. PLETTA
CERTIFICATE OF SERVICE
This is to certify a true and correct copy of this Notice to
Produce Documents Pursuant to TRCP 205.2 has been made on all
parties, via hand delivery, on this the 13th day of November, 2009.
NOTICE TO PRODUCE DOCUMENTS PURSUANT TO TROP 205.2 Page 4
CERTIFICATE OF SERVICE
This is to certify a true and correct copy of this Notice to
Produce Documents Pursuant to TRCP 205.2 has been made on the
following nonparty, via hand delivery, on this the 13th day of
November, 2009.
TO: The City of Coppell, Planning and Zoning, by and through its
Custodian of Records, 255 Parkwity Blvd., Coppell, Texas 75019
TI
NOTICE TO PRODUCE DOCUMENTS PURSUANT TO TRCP 205.2 Page 5