ST9302-CL020708( i
C) 3� Z
CAUSE NO. CC 1- 14296 -B
J SHERRY BOGEDAIN / IN THE COUNTY COURT OF LAW
Plaintiff, §
V. § NO. 2
THE CITY OF COPPELL, TEXAS, §
TXU GAS COMPANY AND MASTEC §
OF TEXAS, INC. §
Defendants. § DALLAS COUNTY, TEXAS
SUBPOENA DUCES TECUM
TO ANY SHERIFF OR ANY CONSTABLE OF THE STATE OF
TEXAS, OR ANY OTHER PERSON AUTHORIZED TO SERVE
AND EXECUTE SUBPOENAS AS PROVIDED BY RULE 176,
TEXAS RULES OF CIVIL PROCEDURE, GREETING:
YOU ARE HEREBY COMMANDED TO SUMMON:
Jim Witt, The City of Coppell, Texas, 255 Parkway
Boulevard, Coppell, Texas 75019
to be and appear before me, Melissa J. Carson or Associate, a Notary Public
in and for Dallas, County, Texas, on:
Friday, August 16, 2002 at 1:00p.m. o'clock
at Court Reporters Associated, 5646 Milton Street, Suite 711, Dallas,
Texas 75206 (214)368 -2600 then and there to testify as a witness at the
instance of the Plaintiff in that certain cause styled and numbered above and
there remain from day to day and time to time until discharged according to
law; and said above named witness to bring with him and produce at said time
and place the following designated books, papers, documents and tangible
things to wit:
See "Exhibit A" of attached deposition notice dated June 28, 2002.
WITNESS MY HAND this the 8th day of July, 2002.
=ice MLUMA . CARSON (�,
"'•" MY ION EXPIRES .,
lo,2oos Certifi Shorthand Reporter and
Notary Public in and for the
State of Texas
Direct any questions to:
G. David Heiman (972)436.0827
NO. CC- 01- 14296 -B
SHERRY" BOGEDAn § fN THE COUNTY COURT AT LAW
Plaintiff, §
V. § NO. 2
THE CITY OF COPPELL, TEX 6. §
TXU GAS COMPANY A` )VLa ;TEC §
OF TEXAS, INC.
Defendants. § DALLAS COUNTY, TEXAS
NOTICE OF I_N7E �110ti TO TAKE ORAL DEPOSITION
TO JINI "'ITT, City Manager f �r The City of Coppell, Texas, at 255 Parkway Boulevard,
Coppell, Texas 75019.
Please take notice &,at on Au! list 116- 2002 at 1 .00 p.m. and continuing thereafter from day
to day until complete, Plaintiff SHEI RY BOGEDAN, will take the oral deposition ofJINI'v ITT,
pursuant to Rule 199 of the Texas Ri les of Civil Procedure, at Court Reporters Associated, 5646
Milton Street, Suite 711.. Dallas, Tex s 15206.
Please take further notice that n connection with the taking of this deposition, and pursuant
to Rule 199.2 of the Texas Rule- of Civil Procedure, the deponent shall produce at the
commencement of the taking of the , -position the documents described in Exhibit "A" which is
attached hereto and incorporated by i tference for all purposes as if written verbatim herein.
Your attention is directed to t e penalties set forth in Rule 215 of the Texas Rules of Civil
Procedure for failure of the deponent . ro appear and/or comply with the discovery requested.
You are invited to attend and :xamine the witness.
NOTICE OF INTENTION TO TA CE ORAL DEPOSITIO?�
N'�CLIE`TS�Pr%Bogedaim`.Notice of Oral Di )osition of Non -Parry Witness.Witt.wpd Page 1 of 5
n a Rr, 7n R7 u 07n qcn - 7l F):xe NHWI3H CI11HQ •9
Respectfully submitted,
i
By: _ L.t /
G_ DAVID Mn- N " -
Texas Bar No. 09380928
1702 S_ HWY. 121, SUITE 604
LEWISVILLE. TEXAS 7 067
TEL. (972 )436 -0827
FAX. (972)436 -0210
ATTORNEY FOR PLAENTIFF
SHERRY BOGEDAIN
Certificate o Service
I certify that on 1 - 9 . 2002 a true and correct copy of Plaintiffs
Notice of Oral Deposition w erne f on each attorney of record.
G. ID E
NOTICE OF Iii TENTION TO TA KE ORAI. DEPOSITION
NACLIENTSIPP,Boaedaim\\otice of Oral D :position of Non -Parry Witless, Witt,wpd Page 2 of 5
80'd 8b:9 Z0, 8Z ur
0IM- 92b -ZM :Xp3
N1JWI3H QIOUC '9
DEFI TONS AND YNSTRL TIO`S
1. As used herein, the t rms "you" and "your" shall mean JIM WITT, JIM W ,7 IT
attorneys, agents, and all other natuv [ persons or business or legal entities acting or purportin
act for or on behalf of JIM �N ITT, w'l .they authorized to do so or not.
2. As used herein, the tei n "documents" shall mean al1 writings of every kind- sou:
and 'authorship, both originals and al nonidentical copies thereof, in your possession, cust
control - or known by you to exist rrespective of whether the wTitina is one intended for
transmitted internally by you, or inter led for or transmitted to any other person or entity, includmr —,
without limitation any government a; Incy, department, administrative, or private entity or person
The term shall include handwritten i ✓pewritten, printed, photocopied, photographic, or recorded
matter. It shall include communicatio is in words, symbols, pictures, sound recordings, films tapes,
and information stored in, or accessib e through, computer or other information storage or retrieval
systems, together with the codes and/ or programming instructions and other materials necessary to
understand and use such systems. F r purposes of illustration and not limitation, the term shall
include: affidavits; agendas: agreerr :nts; analyses; announcements; bills, statements, and other
records of oblibations and expendituw .,s; books: brochures; bulletins calendars, canceled checks,
vouchers, receipts and other records f payments; charts, drawings; check registers checkbooks:
circulars; collateral files and cot cents; contracts; c bylaws, corporate charters;
correspondence; credit files and Conte its; deeds oftrust deposit slips, diaries, drafts files; guaranty
agreements; instructions; invoices; le gers, journals balance sheets, profit and loss statements. and
other sources of financial data; lette 3 logs, notes, or memoranda of telephonic or face -to -face
conversations; manuals; memoranda Aall kinds. to and from any persons, agencies, or entities;
minutes; minute books; notes; notice: , parts lists; papers, press releases; printed matter (including
books, articles, speeches, and neN spaper clippings); purchase orders; records; records cf
administrative, technical, an d finan6 1 actions taken or recommended; reports, safety deposit boxes
and contents and records of entry; schA Jules; security agreements.- specifications; statement of bank
accounts; statements, interviews;' s ock transfer I doer; technical and engineering reports,
evaluations, advice, recommendatior commentaries, conclusions, studies, test plans manuals,
procedures, data, reports, results. a d conclusions; summaries, notes, and other records and
recordings of any conferences, meetir s visits, statements, interviews or telephone conversations,
telegrams: teletypes and other comrr mications sent or received; transcripts of testimony; UCC
instruments; work papers; and all oth r writings, the contents of which relate to, discuss_ consider,
or otherwise refer to the subject matt r of the particular discovery requested.
3: In accordance with Te :. R. Civ. P. Rule 192.7, a document is deemed to be in your
Possession., custody or control if you ither have physical possession of the item or have a right to
possession of the item that is equal o, superior to the person who has physical control of the item.
4. "Person" or "persons" neans any natural persons, firms, partnerships, associations,
joint ventures, corporations and any c her form of business organization or arrangement, as well as
government or quasi - governmental s ;envies. If other than a natural person, include all natural
persons associated with such entity.
5. Any and all data or ini )rmation which is in electronic or magnetic form should be
produced in a reasonable manner.
NOTICE OF INTENTION TO TA CE ORAL DEPOSITION
X:`•CLIENTS` of oral Dc )osidon of Non -Parry Wimess.Witt.wpd Nee 3 of 5
60'd 8b:9 Z01 8Z ur OIZO 92b- ZZ6:x NHWI3H QIOUG '9
I SE OF DEFINITIONS
The use of any particular genc er in the plural or singular number of the words defined under
paragraph "1 ", "Definitions" is intent ed to include the appropriate gender or number as the text of
any particular request for production of documents may require.
RNIE PERIOD
Unless specifically stated in � request for production of documents. all information herein,
requested is for the entire time pe'ri( d from January 24, 2000, throuuh the date of production of
documents requested herein.
NOTICE OF Fl TENTION TOT T U VKAL DEPOSITION
N:' CLIENTSIPr BogcdaiiniNotice of Oral ;Dt )osition of Non -party 4t%itrtm- ,%itt.wpd Fage 4 of 5
Ol'd 6b :9 M K ur NHWIIH QIOUG •0
EMUDIT A
DOCi MENTS TO BE PRODUCED
1. Copies of any contracts, a geements, and/or correspondence relating to, discussing, or
referring to any service, maintenan( construction, and/or repairs to be performed, conducted, or
made, or partially performed, partial y conducted, or partially made at or about 1001 E. Sandy Lake
Road, Coppell. Texas on or about J. nuary 24, 2000-
2. Copies of any and all draN ings, graphs, charts, construction plans, schematics, and /or
authorizations for any service, ,m tintenance, constriction, and/or repairs to be performed,
conducted, or made, or partially pert )rmed, partially conducted, or partially made at or about 1001
E. Sandy Lake Road, Coppell, Texa on or about January 24, 2000-
3. Copies of any and all permits i > allow airy service, maintenance, construction, and/or repairs
to be performed, conducted, or made or partially performed partially conducted, or partially made
at or about 1001 E. Sandy Lake Roz 1, Coppell, Texas on or about January 24, 2000,
NOTICE OF INTENTION TO T� KE ORAL DEPOSITION
T: ICLIENTS'JPr'Bosedaim',iv'ouce of oral r :position of Non-Party Wiiness.Witt.wpd Page 5 of 5
TT 'A F,h:Cl 7n. R7 ur OTM— Wt7 - 7J F,: XP NIHWT - lN (TTAHfi 'C)