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Creekview Addn PD-CS091130NO. 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 ORAL DEPOSITION THE STATE OF TEXAS TO: Kenneth M. Griffin, P.E., Director of Engineering and Public Works, City of Coppell, Planning and Zoning, 255 Parkway Blvd., Coppell, Texas 75019 Greetings: YOU ARE COMMANDED to appear at 1:00 p.m. on December 8, 2009, at the City of Coppell, Planning and Zoning, 255 Parkway Blvd., Coppell, Texas 75019, and to give your sworn testimony identified in the attached form of notice of deposition, which was served on all parties and the person to whom this subpoena is addressed. The oral deposition is scheduled at the following time and place: December 8, 2009 at 1:00 p.m., at the City of Coppell, Planning and Zoning, 255 Parkway Blvd., Coppell, Texas 75019, SUBPOENA FOR ORAL DEPOSITION 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 ORAL DEPOSITION 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. 'turning 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 ORAL DEPOSITION 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 30, 2009 SUBPO$NA ISSUED BY: 4� Tirhothy F . Pl�tta Attorney for 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 facsimile transmission, on this the 30th day of November, 2009. 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 facsimile transmission, on this the 30th day of November, 2009. SUBPOENA FOR ORAL DEPOSITION 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 Kenneth M. Griffin, P.E., Director of Engineering and Public Works, City of Coppell, Planning and Zoning, 255 Parkway Blvd., Coppell, Texas 75019, in person, at .m. on the day of November, 2009. signature printed name title SUBPOENA FOR ORAL DEPOSITION Page 5 TIIE S A W A4 THIS NOTE IS LEGALTFADER FOR -- -- ft , ALL DEBTS, PUBLIC AND PRIVATE 34 ro rl 1 % 1 W G 94889772 E ,O� G94889772E 7 SERIES 2006 LAW OFFICE OF TIMOTHY GERARD PLETTA Attorney and Counselor DAYL 1995 & 1996 Dallas Bar Association Member Co -Chair Professionalism 150 Bethel Road Telephone: (972) 462 -0321 Coppell, Texas 75019 Facsimile: (972) 462 -0465 May 5, 2009 VIA FACSIMILE TRANSMISSION (214) 965 -0010 Nichols, Jackson, Dillard, Hager & Smith Mr. Robert Hager 1800 Lincoln Plaza 500 North Akard Dallas, Texas 75201 Re: Stone Retaining Wall, Fill & Wooden Fence placed in the Floodplain @ 154 East Bethel Road & No Permit Dear Mr. Hager: During June 2006, a complaint was made and brought to your attention and your agents, Kenneth M. Griffin, P.E. , Director of Engineering and Public Works, Keith Marvin and Scott Latta, that Al Johnson and /or the occupants located at 154 East Bethel Road, Co p pell, Texas, built a six foot high stone retaining wall, placed fill & built a wooden fence in the floodplain at 154 East Bethel Road in violation of the City of Coppell's Floodplain Ordinance #2001 -952, Set Back Ordinance Section 12 -32 -3 (2), without a permit, and which encroached and trespassed on the property located at 150 East Bethel Road. The ordinance specifically states that a Floodplain Development Permit is required for all new construction, development, and encroachment within the floodplain management areas of the city. The property in question is located within an identified floodplain and floodway of Grapevine Creek as shown on Flood Insurance Map #48113C0155J effective date of August 23, 2001. To date, I have neither received a response regarding this complaint nor have the violations been removed. See Exhibits "A" - "D. " On the other hand, at or around October 2005, I received the letter attached as Exhibit "E" from Kenneth M. Griffin, P.E., Director of Engineering and Public Works, notifying me that "fill had been placed on property located at 200 East Bethel Road. " The letter goes on to explain the City of Coppell's Floodplain Ordinance and references "Penalties for Noncompliance. " Nichols, Jackson, Dillard, Hager & Smith Mr. Robert Hager May 5, 2009 Page -2- From my perspective, either the City of Coppell's Floodplain Ordinance applies to Coppell or it does not. It cannot apply to Pletta but not apply to Al Johnson. However, my requests for your and the City of Coppell's involvement have been ignored. Accordingly, I have no alternative but to request dates to depose Kenneth M. Griffin, P.E. , Director of Engineering and Public Works, to explain once and for all and to the jury in my lawsuit with Al Johnson whether the City of Coppell's Floodplain Ordinance applies to Coppell or it does not and whether a permit is required for the construction of a fence and /or a stone retaining wall which is also in violation of the Coppell Set Back Ordinance as more fully set forth in the Affidavit of Michael Coker. In the event you chose to either ignore or to enforce the laws and regulations for the City of Coppell uniformly, I need to pursue these violations against Al Johnson in my own name under the Texas Government Code or simply likewise avoid the trouble and expense of complying with the laws and regulations for the City of Coppell during the construction of my single family residence located at 200 East Bethel. In the event you ignore this final request and I do not receive available dates during June 2009 to take the oral deposition of Kenneth M. Griffin, P.E., Director of Engineering and Public Works, which will be video taped, on or before May 21, 2009, I will simply notice the same. er truly yours, tom'( T othy tt, TGP: ah cc: Kadleck & Associates Michael R. Coker Company file NO. DVOB- 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 OF ORAL DEPOSITION TO: Kenneth M. Griffin, P.E., Director of Engineering, The City of Coppell, Planning and Zoning, by and through its Custodian of Records, 255 Parkway Blvd., Coppell, Texas 75019 PLEASE TAKE NOTICE, TIMOTHY G. PLETTA and ANN H. PLETTA ("Plaintiff") will take the oral deposition of KENNETH M. GRIFFIN, P.E. in accordance with Rules 199, 203 and /or 205 of the Texas Rules of Civil Procedure in the above - referenced and cause numbered action. The deposition will be taken at the City of Coppell, Planning and Zoning, 255 Parkway Blvd., Coppell, Texas 75019, beginning at 1:00 p.m., and continuing from day to day until the deposition is completed, before Dickman Davenport, court reporters in and for Dallas, County, Texas. Said oral deposition is being taken pursuant to the Texas Rules of Civil Procedure and shall constitute evidence for all purposes allowed by such rules and will be videotaped. The deposition will be before a notary public and will continue from day to day until completed. You are invited to NOTICE OF ORAL DEPOSITION Page 1 attend and cross examine. You may also obtain a transcript of the oral deposition from Dickman Davenport, court reporters, upon payment of the requested transcription fee. LAW OFFICE OF TIMOTHY G. PLETTA TIMOTHY . P�TTA State Ba No. 16071800 150 Bethel Road Coppell, Texas 75019 Telephone: (972) 462 -0321 Facsimile: (972) 462 -0465 ATTORNEY FOR PLAINTIFF AND COUNTER- DEFENDANT TIMOTHY G. PLETTA and ANN H. PLETTA CERTIFICATE OF SERVICE This is to certify a true and correct copy of this Notice of Oral Deposition has been made on all parties, via facsimile transmission, on this the 30th day of November, 2009. TIMOTHY G. CERTIFICATE OF SERVICE This is to certify a true and correct copy of this Notice of Oral Deposition has been made on the following nonparty, by and through Robert Hager, its City Attorney, via facsimile transmission, on this the 30th day of November, 2009. V , -- TI THY G PL A NOTICE OF ORAL DEPOSITION Page 2 LAW OFFICE OF TIMOTHY GERARD PLETTA Attorney and Counselor DAYL 1995 & 1996 Dallas Bar Association Member Co -Chair Professionalism 150 Bethel Road 972 Telephone: Coppell, Texas 75019 P ( � 462 -0321 Facsimile: (972) 462 -0465 September 19, 2009 VIA FACSIMILE TRANSMISSION (214) 965 -0010 Nichols, Jackson, Dillard, Hager & Smith Mr. Robert Hager 1800 Lincoln Plaza 500 North Akard Dallas, Texas 75201 Re: Cause Number DV08- 01366 -F Timothy G. Pletta and Ann H. Pletta v Albert Johnson and Kathleen Johnson Dear Mr. Hager: In additional to the oral deposition of Mr. Kenneth M. Griffin, P.E., Director of Engineering and Public Works, The City of Coppell, I will need to video tape and depose Timothy Oates at your office during early November, 2009. Kindly provides available dates for you and your clients not later than October 2, 2009. otherwise I will simply notice the same. yours, TGP: ah KP lett � Es � q ' . — 7 cc: Mr. Robert Rucker file