DR8902-CS 910213'
COPPELL PUBLIC WORKS
MEMORANDUM
!
February 13v 1~1 ~
TO: Vivyo~ ~an, Assistant City Manager/P~., ~nnel Director
FROM:~_~otor__~ of Public Wo~v
RE: ~ Don Jones;'Requ~st__~J~r Production of DoCuments
Ms. Debra Buleson of Henderson Bryant & Wolfe representing the City
of Coppell came out to the Service Center to review the files
relating to this case. At that time, Ms. Burleson received copies
of all documents referenced in the Plaintiff's request for
production of documents.
Should additional information be needed, please let me know.
SGG/sm
CAUSE NO. 89-14495-D
MR. & MRS. DON JONES, ~ IN THE 95TH JUDICIAL
Plaintiffs
vs.
JUDICIAL DISTRICT COURT
THE CITY OF COPPELL,
S.C. PARSONS, INC., NORTHLAKE
WOODLANDS JOINT VENTURE, a
! Texas Joint Ventur~ AND § OF DALLAS COUNTY, TEXAS
LOUIS T. CRUMP, INC.,
Defendants
PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS
TO: THE CITY OF COPPELL, by and through its attorney of record,
Debra Burleson, Henderson Bryant & Wolfe, 500 MBank Building,
P.O Box 239, Sherman, Texas 75091.
COMES NOW Plaintiffs MR. & MRS. DON JONES, and makes this
Request for Production of documents from Defendant THE CITY OF
COPPELL, by and through its attorney of record, in accordance with
Rule 167 of the Texas Rules of Civil Procedure.
Plaintiffs request that these documents be delivered to the
office of its counsel, Canterbury, Stuber, Elder & Gooch at 5550
././... LBJ Freeway, Suite 800, Dallas, Texas 75240 not later than thirty
:~' (30) days from Defendant's receipt of this Request.
~.~ DEFINITIONS
1. "Document" refers to all written, printed, typed,
handwritten or other graphic material of any kind or character
together with all mechanical, magnetic, electric, photographic, and
sound recordings, together with all transcripts or copies thereof.
"Document" also means the original or a copy of the original
bearing any marking not on the original
2. "Person" or "persons", mean any natural person, and in
addition, any firm, partnership, joint venture, corporation,
business trust, association, or any other business entity of any
PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS PAGE 1
ray/rpd, cit 3944. 000
nature or character, together with the partners, trustees,
officers, directors, employees or agents thereof.
3. "You", "your" and "The City" refer to Defendant The City
of Coppell, its Mayor, city council members, agents, employees,
attorneys, and other authorized representatives.
4. "The Jones" or "Plaintiffs" refers to Plaintiffs Mr. &
Mrs. Don Jones and all other persons acting or purporting to act
on their behalf or on behalf of such predecessors.
5. "Parsons" refers to S.C. Parsons, Inc., its officers,
directors, agents, employees, attorneys and other authorized
representatives.
6. "Northlake" refers to Northlake Woodlands Joint Venture,
its partners, agents, employees, attorneys and other authorized
representatives.
7. "Crump" refers to Louis T. Crump, Inc., its officers,
directors, agents, employees, attorneys and other authorized
representatives.
8. "The Property", as used herein, refers to Plaintiffs'
residence located at 632 Bethel School Road, Coppell, Texas, and/or
the vicinity in and around Bethel School Road or Hawk Lane in
Coppell, Texas, where drainage and/or flooding problems have been
encountered and/or the subdivision known as The Northlake Woodlands
located in Coppell, Texas.
9. "Communication" as used herein, means any contact between
two (2) or more persons, whether in person, through wr±tings or
telephone conversations, or otherwise.
10. "Concerning" includes referring to, eluding to,
responding to, relating, connected with, commenting on, in respect
of, about, regarding, discussing, showing, describing, reflecting,
analyzing, touching upon, constituting and being.
11. "Including" shall be construed as referring to a then
complete listing of illustrate examples and not limiting or
narrowing the generality of any document request.
12. If any document responsive to this request has not been
produced based on a claim of privilege, or for any other reason,
describe such document by date, type (e.g. memorandum, letter,
chart), authors addresses, copies, their titles, those who are
attorneys and act as such with respect to the subject of the
document, file, source, file folder and general subject matter, and
set forth fully the claimed reasons for failing to produce the
document.
PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS PAGE 2 '~
ray/rpd, cit ~
3944. 000
13. As used herein, the singular includes the plural and vice
versa.
14. Produce each document requested herein in its original
file folder, file 3acket or cover.
15. If any requested documents were at one time in existence
but are no longer in existence, then so state, specifying for each
document:
A. The type of document.
B. Types of information contained therein.
C. Date upon which it ceased to exist.
D. The reason it no longer exists.
E. The identity of all persons having knowledge or who
had knowledge of the contents thereof.
DOCUMENTS TO BE PRODUCED
1. Copies of all reports, factual observations, opinions,
data calculations, memos, notes, photographs, or other tangible
material prepared by or at the direction of any person who may be
called as an expert witness on Defendant's behalf in this cause.
2. All documents, including correspondence, memoranda,
inter-office memoranda, records of conversations, whether written
or magnetically recorded, regarding or in any way relating to The
Property made the subject of this litigation.
3. Any and all City Council meeting minutes referencing The
· Property made the subject of this litigation.
· 4. Any and all reports and/or studies including, but not
-~ limited to those prepared by Ginn, Inc. Kimley-H6~n,-~Associates,
::..'... Albert Halff Associates or any City
:: drainage and/or flooding issue made the .:. 'sub] ecG':J5
_.i litigation.
PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS PAGE 3
ray/rpd.cit
3944.000 /
5. Ail invoices, receipts or bills, which relate to work or
services rendered by any consultant retained by The City in
conjunction with the drainage and/or flooding issue made the
subject of this litigation.
6. All internal memoranda and personal notes of meetings or
telephone conversations with employees of Defendant regarding The
Property made the sub3ect of .this litigation~
7. Any photographs, video tape recordings, motion picture
films, or any other form of visual recordings showing the
condition of The Property made the subject of this litigation.
8. Any and all documents reflecting communications between
Parsons and The City.
9. Any and all documents reflecting communications between
Northlake and The City.
10. Any and all documents reflecting communications between
Crump and The City.
11. True and correct copies of any insurance policies
carried by The City which may provide coverage for any or all
claims asserted in this lawsuit.
12. Any and all ordinances or laws governing the development
of subdivisions , specifically concerning drainage in said
subdivisions. Also, all documents regarding The City's role in
inspection, enforcement and approval of said developments,
specifically concerning the drainage in same.
PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS PAGE 4
ray/rpd.cit
3944.000
Respectfully submitted,
CANTERBURY, STUBER, ELDER & GOOCH
State Bar No. 0848280
5550 LBJ Freeway, Suite 800
Dallas, TX 75240
(214) 239-?493
(214) 490-7739 - Telefax
CERTIFICATE OF SERVICE
I hereby certify that a true an.d~ correct copy of the above
and foregoing document has this ~a~ay of January, 1991, been
mailed to the following pursuant to Texas Rules of Civil Procedure
2la:
Debra Burleson, Esq. B. Thomas McElroy, Esq.
Henderson Bryant & Wolfe Suite 370
500 MBank Bldg. 5500 Preston Road
P.O. Box 239 Dallas, TX 785205-2660
Sherman, TX 75091
Dana L. Ryan, Esq.
Green & Ryan
8333 Douglas Avenue
Suite 1550
Scott Griffith "/ ;/
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