ST9302-CL02081608/16/2002 11:50 2147434142 ROBERTS & SMABY
ROBERTS
1717 MAIN ST., 7520 ,000
nLEns, T & SMABY P.C.
DExes 75ZO
214„ 743.4141 TE1.
21.4.743,042 rex
www.roberts- smeby.wm ATTORNEYS & COUNSELORS
August 16, 2002
G. David Heiman
Law Firm of G. David Heiman
1702 S. Hwy 121
Suite 604
.Lewisville, Texas 75067 -8947
PAGE 02/03
(214) 743-4146
W RITF.R V DIRECT DIAL
Via Fax: L972)436-0210
Re: Sheny Bogedain v. The City of Coppell, Texas, TXU Gas Company and
Mastec of .Texas, Inc., Cause No. 01- I4296 -13, in the County Court at Law
No. 2, Dallas County, Texas,Our
Mr. Heiman:
This correspondence will respond to your fax mysteriously dated August 13, 2002, which .
nonetheless shows it was sent earlier today on August 16, 2002, and which .references events
which were to occur today.
I have conferred with Coppell City Attorney Bob Hager and confirmed that he was
entirely unaware that you had recently obtained a modification of the Court Order. dismissing
Coppell with prejudice, to one dismissing the City without prejudice. You accomplished this
without notice to our office, and we will address your 7.nisconduct and seek to vacate that Order
as soon as is feasible for the Court. Your misconduct in surreptitiously changing dismissal terns
raises many questions. Of course, Texas law provides you may not take a no.nsuit in bad faith,
i.e., to avoid the effects of certain litigation proceedings, but we will take that up at another. time.
Mr. Hager advises that he had agreed to allow Mr. Gri ffin of the City to be deposed under
the assumption that the City's dismissal was with prejudice. If you care to enter into such an
agreed order, we will arrange with you to take the deposition of Mr. Griffin, and he will tell you
what you already know from the City's responses to your Subpoena Duces Tecum and the
related affidavit you received from City Secretary Libby Ball. If you do not wish to agree to
such terms then we have been instntctcd by the City Attorney to proceed and address vacating
your order of dismissal. "clarifying" matters, which you obtained without notice to us.
There will be no depositions today and your fax referenced above establishes your notice
of this situation. and makes any attempt by you to take a certificate of nonappearance a sham. As
to your other, personal attacks, I will not dignify them by further comment at this time other than
fl.IFEnIRTML19ope0nlM1 [ nnefpn. -NIr In N.vIIm R -IT.Mc
08/16/2002 11:50 2147434142 ROBERTS & SMABY PAGE 03/03
to note that I would very much look forward to seeing you in court and addressing our own
motion for sanctions. The bottom line in this matter is that you sued the City of Coppell with
absolutely no basis, tried to extort a nuisance value settlement, have ignored documentation and
affidavit proof of the City's non - involvement, and have gone to great lengths, and suspiciously
so, to keep your "claims" against Coppell alive for refiling.
Thank you for your attention to the above.
truly yours,
y�/V
Darrell G -M Noga
DGN /ar
Cc: Bob Hager, City Attorney — Via fax: (214) 965 -0010
Ken Griffin, City Engineer— Via fax: (972) 304 -3570 & (972) 304 -7041
Brian Cooper— Via fax: (972) 458 -2554
08/16/2002 11:50 2147434142 ROBERTS & SMABY PAGE 01/03
1717 MAN SMUT. SUIT13 4 050
DALLAS. TaXAS 75201
214,743,4141 TeL
214.743.4142 FAX
ww ,mbcrts arosby.com
ROBERTS
& SMABY P.C.
AT TORNEYS & COUNSELORS
FAX COVER SHEET
DATE: August 16, 2002 TIME:
TO: I<.N GRIFFIN FAX: (972) 304 -3570
and (972) 304 -7041
FROM: Darrell G-M Noga TEL: 214- 743 -4146
RE: )3ogedain v. Coppell, et al.
Number of pages including cover sheet: 3
ST
MESSAGE
Please review the attacbed.
CONFIDENTIALITY NOTICE The documents accompanying this telecopy transmission eOmui WVMW.�RL.l
information which is legally privileged. The information is intended only for the use of the recipient named above. if
you have received this telecopy in error, please immediately notify us by telephone to arrange for return of the original
documents to us. You are hereby notified that any disclosure, copying, or distribution of, or the taking of any action in
reliance on, the contents of this telecopicd information is strictly prohibited.
IF YOU HAVE ANY DIFFICULTIES RECEIVING THIS FAX, PLEASE CALL (214) 7434141.