Document 069eN6v01dMLm3k4ZOd7dkjOM

DownloadSearchable PDFRandom document
07-31-l??? 04:57PtT -FROM GAY C. BRIHSOM ' TO 92814339442 P.01 CAUSE NO. 98-13429 [2 PLAINTIFFS EXHIBIT TPI~;1 121 JAMES L. AUSBORNE, et al VS. i I TYLERjPEPE INDUSTRIES, INC., et al IN THE DISTRICT COURT o!f HARRIS COUNTY, TE X AjS 133rd JUDIOAL DISTRICT i CAUSE NO. 98-39557 HERMAN WHITAKER and WAND.41 NELL WHITAKER iS vs. j TYLER PIPE INDUSTRIES, LNC., et al IN TEE DISTRICT COURT oIf. HARRIS COUNTY, TEXAjS 133rd JUDICIAL DISTRICT MOTION FOR PROTECTIVE ORDER TO THE!HONORABLE JUDGE OF SAID COURT: i Defendant. Briges-Weaver. Inc., moves this Court for a protective order, pursuant to Rule i 192.6 ofthe TEXAS RULES OF Civil PROCEDURE, and in support of the order shows: : I. f i I This Defendant did not receive adequate notice of the depositions scheduled for August 2 and 3, 1^99. On July 30, 1999 at 12:57 p.m.. Defendant was served by fax with two Cross .] Notices.of Deposition upon Oral and Videotape Examination. These notices stated that the i deposition of Olin Jackson was to be taken at 10:00 a.m. on Monday, August 2, 1999 at the I offices olf Ramey & Flock, 500 1" Place, Tvler, Texas and the deposition of James L. Milstead ; ' i was to be taken at 9:00-a.m. on August 3,1999 at the offices of Ramey & Flock, 500 Place, j !I Tyler, Texas. A copy of these notices are attached as Exhibits A and B and incorporated by j reference. Before these notices, this Defendant had not known that these depositions were 2 DEPOSITION | EXHIBIT i ____ I TOTAL P.01 97-31-1999 v35:0GPM FROM GAY C. BRINSON I TO 92314339442 P.01 i i scheduled for these days. As a result, this Defendant does not have sufficient time to prepare fo1 r these depositions. I II. . ! I i Defendant would further show that approximately three weeks ago, it was advised that j Defendant, Tyler Pipe Industries, Inc. or the present owner of the foundry, had located additional ij i relevantjdocuments which to date have not been produced to this Defendant despite two requests; 'i i Until such time as these documents are producedand inspected, this Defendant will not be 'i adequately prepared to cross-examine these deponents. As a result, this Defendant seeks to ! I reserve the right to re-depose these deponents if deemed necessary after the review of these j j [ ! documents. | 1i 'THEREFORE, Defendant requests that this Court grant the motion for protective order] i i and allow this Defendant the opportunity to re-depose James L. Milstead and Olin Jackson at an jj appropriate time and that this Defendant have such other and further relief to which Defendant | may be justly entitled. j Respectfully submitted, McFALL, SHERWOOD & SHEEHY, P.C. George P. Pappas State Bar No. 15454800 2500 Two Houston Center 909 Fannin Street Houston, Texas 77010-1003 Tel: (713)951-1000 Fax:(713)951-1199 Attorneyfor Defendant Briggs-Weaver, Inc. 07-31-1993 05:00PM FROM GhY C. BRINSOH TO t( 13--oasj-^a i J 92914039J42 P.02 T-180 p C2/03 ! p-irs CAUSE NO. 98-13425 JAMES L. AUSBORNE and BILLIE JEAN AUSBORNE. Individually; and .RUBY LEE LYLES, as representative of the estaie of HIAWATHA LYLES IN THE DISTRICT COURT Off HARRIS COUNTY, TEX AS! vS. TYLER PIPE INDUSTRIES, INC., ET AL. 133rd JUDICIAL DISTRICT] CAUSE NO. 98-39557 | HERMAN WHITAKER and WANuA NELL WHITAKER, Individually I vs. TYLEfe PIPE INDUSTRIES, INC., ETAL. IN THE DISTRICT COURT Off i HARRIS COUNTY, T E X A si 133* JUDICIAL DISTRICT CROSS NOTICE OF DEPOSITION UPON ORAL AND VIDEOTAPE EXAMINATION TO; iTYLER PIPE INDUSTRIES, TYLER CORPORATION and TYLER SAND CpO., i Through their attorney of record, JoAnne Early and Joe B. Harrison, Gardere & i Wynne, L.L.P., 3000 Thanksgiving Tower, 1601 Elm Street, Dallas, Texas 75201. .! i i! ' PLEASE TAKE NOTICE , pursuant to Texas Rule of Civil Procedure 199,i the <I deposition of Olin Jackson will be taken, both by non-stenographic recording (videotape) and by stenographic recording, commencing at 10:00 a.m. on Monday, August 2, 1&99, I1 at ihejoffices of Ramey & Flock, 500 Is" Place, Tyler, Texas. 07-31-1999 05:01PM i FROM GAY C. BRINSON TO <iij 90S14039442 P.03 1-120 P 05/05 | F-|75 iThe examination will continue from day to day until completed. You are invited i. I i to attend and cross-examine. I j Respectfully submitted, SMITH & HOOPER ooper State Bar No. 0996Q300 Jason A. Gibson State Bar No. 24000606 3850 Two Houston Center j 909 Fannin at McKinney | Houston, Texas 77010-1003 j Tele: (713)659-2727 I Fax: (713)659-2813 j ATTORNEYS FOR PLAINTIFFS CERTIFICATE OF SERVICE l certify a copy of the foregoing document was served to all counsel of record by certified mail, return receipt requested and/or by facsimile on the 30th dayxrfjtosgast, 1999. ty \I 07-31-1999 05:01PM FROM GftY C. ERINSON m - iwr TO +713-S5B-ZH13 92614039442 P.04 T-IBO ? 04/05 j F-175 i CAUSE NO. 93-13429 JAME^ L. AUSBORNE and IN THE DISTRICT COURT Of! BlLLld JEAN AUSBORNE, Individually; and ' RUBY LEE LYLES, as representative of the estate of HIAWATHA LYLES i vs. i HARRIS COUNTY, T E X A 5 I TYLER PIPE INDUSTRIES, INC., ET AL. 133rd JUDICIAL DISTRICT CAUSE NO. 98-39557 HERmIaN WHITAKER and WANDA NELL WHITAKER, Individually vs. IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS TYLEf^ PIPE INDUSTRIES, INC., ET AL. I33rt JUDICIAL DISTRICT CROSS NOTICE OF DEPOSITION UPON ORAL AND VIDEOTAPE EXAMINATION TO: |TYLER PIPE INDUSTRIES, TYLER CORPORATION and TYLER SAND CO., ithrough their attorney of record, JoAnne Early and Joe B. Harrison, Garder}e & I Wynne, LLP., 3000 Thanksgiving Tower, 1601 Elm Street, Dallas, Texas 75^01. !i PLEASE TAKE NOTICE , pursuant to Texas Rule cf Civil Procedure I99,jthe deposition of James L. Misread will be taken, both by non-stenographic recorjiing (videojtape)and by stenographic recording, commencing at 9:00 a.m. on Tuesday, August J, 19^9. at the offices of Ramey & Flock, 500 I6' Place, Tyler, Texas. 1 1 exhibitI 07-31-1999 05:01PM' FROM GhY C. BRINSON TO Tl|J-638"t8l3 92S14039442 P.05 T-13D P.03/35 jF-175 i jThe examination wilt continue from day to day until completed. You are invited ! i to attend and cross-examine. ! ! Respectfully submitted. SMITH & HOOPER Hooper State Bar No. 09960300 Jason A. Gibson State Bar No..24000.606 3850 Two Houston Center 909 Fannin at McKinney Houston, Texas 77010-1003 Tele: (713)659-2727 Fax; (713)659-2813 ATTORNEYS FOR PLAINTIFFS j CERTIFICATE OF SERVICE ! j i j I certify a copy of the foregoing document was served to all counsel of recortj by certified mail, return receipt requested and/or by facsimile on the 30thxjay of July, 1999. Jason A. Gibson I;