Document NENEdB7d2kpR049bM25LBerDy

1** f Adoa-1 ot AUrtanw, uamajaa O CAUSE NO. 97-2444-B ALDON BENJAMIN GREENHOUSE vs. DRESSER INDUSTRIES, INC. ET AL 8 IN THE DISTRICT COURT OF 8 SMITH COUNTY, TEXAS 8 114TH JUDICIAL DISTRICT NOTICE OF INTENTION TO TAKE THE 200ftMBl DEPOSITIONS AND SUBPOENA DUCES TECUM TO: Defendant, Tyler Pipe Industries, Lie. by and through its attorney of record, Joanne Early, Gardexe&Wynne, LX-P-, 3000Thanksgiving Tower, Dallas, Texas 75201-4761. Inc. ("Defendant") on November 13, 1998 commencing at 9:30 a.m. and continuing thereafter from day to day until completed. The deposition will take place at the offices of Baron & Budd, 3102 Oak Lawn Avenue, Suite 1100, Dallas,Texas 73219-4281. You are invited to attend and examine the witness. Further, pursuant to Rule 200(l)(b) of the TEXAS RULES OF CIVIL PROCEDURE, Swan Transportation Company must designate the person or persons most knowledgeable regarding the following topics to testify fully on its behalf. S00 NVRdia V M31I9 `H3NJJ30H me lzz cu xvj cs:ci am 6/zt/tt ndoai a i\uwama uaiuajaa (" c 1. The existence, extent, type, organization, filing system, method of access, or retrieval, and/or location of Tyler Pipe's documents that are maintained or stored on-site (in any plant or corporate office) and/or off-site. 2. The existence, extent, type, organization, filing system, method of access or retrieval, and/or location of Tyler Pipe's computerized records or other records created, maintained or stored by electronic and/or magnetic means, including but DOC limited to records that have been microfilmed, microfiched, imaged, scanned, or stored on tapes, disks, diskettes, CD-torn, etc. or on or within any computer hardware, backup system, download system, file dumping or other system of information management, whether on-site On any plant or office) or off-site. 3. The document retention and/or destruction policies for Tyler Pipe that pertain to documents and records. 4. Tlr record retention and/or destruction, dumping, or purging policies for Tyler Pipe that pertain to records created, maintained or stored by electronic and/or magnetic means, including but not limited to records that have been microfilmed,, microfiched, imaged, scanned, or stored on tapes, disks, diskettes, CD-rom, databases, etc. or on or within any computer hardware, backup system, download system, file dumping or other system of information management, whether on-site (in any plant or office) or off-site. Defendant may, if it so desires, designate the matters on which each person it designates will testify. The person or persons so shall appear and testify at the time and place set forth in this Notice. Further, pursuant to Rule 200(l)(b) of the TEXAS Rules of Civil PROCEDURE, the person or persons so designated are hereby cormnanried to produce foe items or things listed in foe attached Subpoena Duces Tecum at such persons deposition (or in advancement of foe deposition at such other time and location as foe parties may agree). TS.l.r Mm n--Ilf Ml Sill III 900 NVidia S M31I8 `H3NJJ30H Page 2 rot's LZZ CU XV3 CS = CT flHl 86/ZT/TT K. * .' ,i AQ03'1 ot iiunaniib uanujaa o Respectfully submitted, NEGEM, BICKHAM AND CLARK 440 South Vine Tyler, Tea* 75702 Telephone: (903) 595-4466 Telecopier (903) 593-3266 ATTORNEY FOR PLAINTIFF, ALDON BENJAMIN GREENHOUSE 00121 Nvwdia ? Mans `aauiaaoH m6 LZZ CT XVJ CS:CT OHI 86/ZT/TT naoa- i Gt uunam* uaaiajju O Certificate of Service I hereby certify that a true and correct copy of the above document has been forwarded via US. certified mail, return receipt requested, counsel of record for defendants, at their mailing address of on this the day of November, 1998. Nvjiaia v saiia `H3njj3oh me lzz cu xvj cs^ct nm sb/zt/tt nuu j* ikuiiujuuf uaaiawau (' o DEHNirms As used in (his Notice, (he following terms are defined: 1. "Person" shall mean the plural as well as the singular and shall include any natural person, alive or deceased, any firm, corporation, proprietorship, joint venture, trust or estate, business, association, partnership, or other form of legal entity, unless the context indicates otherwise. * 2. "Identify" or "identity' when used in reference co documents shall be understood as an instruction to identify the document completely. The identification ha|l include, but not be limited to, die document's date, tide, authors, addresses and other recipients, type (e g., letter, notes, memoranda, diary, etc.), subject matter, present location, present custodian, and the purposes for which the document was created or prepared. 3. "Each" shall mean each and every; "All" shall mean any and all. 4. "Relating to" 'pertaining to* and 'regarding* shall mean embodying, pertaining to, concerning, constituting, comprising, reflecting, discussing, referring to, or having any logical or facnial connection whatsoever with the subject manor in question. 5. The words "Defendant," "You," "Your," "Your company," all mean the corporate Defendant responding to these Requests for Production, its merged, consolidated, or acquired predecessors, divisions, subsidiaries, foreign subsidiaries, foreign subsidiaries of predecessors, and/or affiliates, including present and former officers, directors, agents, employees, and all other persons acting or purporting to act on behalf of foe corporate Defendant or its predecessors, subsidiaries, and/or affiliates. The term "Predecessors" means any business firm, whether or not incorporated, which had all or some of its assets purchased by you or by another entity that you acquired thereafter or that came to be acquired by you whether by merger, consolidation, or otherwise. 'Subsidiaries" means any business firm, whether or not incorporated, which is or was in any way owned or controlled, in whole or in part, by Defendant or its predecessors. 6. The words "documentation* `document* and "documents" include any written, printed, recorded or graphic matter, photographic or videographic matter or sound reproductions or cnmpmer input or output, including but not limited to: Papers, books, pamphlets, guidebooks, handbooks, instruction and/or safety manuals, articles, letters, correspondence, electronic or videotape recordings, contracts, notes, rough drafts, inter-office memoranda, reports, research materials, logs, diaries, calendars, bank statements, tax invoices, diagrams, studies, manuals, minutes, by-laws, articles of incorporation, resolutions, shareholder endorsements, or partnership documents however produced or reproducedxfoat are now or were formerly in the possession, custody, or control of foe Defendant (including documents at any time in the possession, custody or control of Defendant's subsidiaries, whether domestic or international, or merged or acquired predecessors). 60013 NVNGI3 * 33319 `33N3330H me LIZ CU Tid met flHl 86/ZT/TT p.'* MU V J Wt SiWilMJWUf - * 8. 9. The words "conference* "meeting" or "meetings* may mean any coincidence or presence of any persons, whether or not such coincidence or presence was pre arranged, was formal or informal, or was in connection with some other activity. The word "plant" means a manufacturing or assembly facility where products are assembled, manufactured, constructed, fabricated, or where component parts, materials, substances, or materials are incorporated into final products, or where products or component parts are prepared for further fabrication and/or assembly. The word "manufacture." or "manufactured" means to fabricate, to construct, to assemble, to prepare for fabrication, construction or assembly, and any other action taifgp prior to completion of the product or material before the time of its hjpin*ti V 0100 NVHQI3 * 31ia `H3N3J30H me lzz cii xvj met nai 86/zt/tt HQ0 3 t o i nunamut uauia./au i fo Sithpnena Pnem Tecmn 1. Any and all documentation, including but not limited to lists, inventories, indices, Hatahaa-- or printouts thereof, archives, storage inventories, logs, or other search aids that refer or relate to the existence, extent, type, organization, filing system, method of access or retrieval, and/or location of Tyler Pipe's documents (maintained or stored on-site in any plant or office or offaiae). 2. Aay and all documentation, including but not limited to lists, inventories, indices, database* 0r print-outs thereof, archives, storage inventories, logs, or other search aids that refer or relate to the existence, extent, type, organization, filing system, method of access or retrieval, and/or location of Tyler Pipe's computerized records or other records of Tyler Pipe that were created, maintained or stored by electronic and/or magnetic means, including but not limited to records that have been microfilmed, microfiched, imaged, scanned, or stored on tapes, disks, diskettes, CD-rom, etc. or ou or within any computer hardware, backup system, download system, file Humping or other system of information management, whether on-site (in any plant or office) or off-site. 3. Maps, diagrams, charts, photographs, drawings, or ocher graphic or schematic depictions of the buiUmgs, floors, rooms, or other areas where Tyler Pipe doeumrnrs are located, whether on-site (in any plant or office) or off-site. 4. Maps, diagrams, charts, photographs, drawings, or other graphic or schematic depictions of the buildings, floors, rooms, or other areas where Tyler Pipe stores its computerized records or other records of Tyler Pipe that were created, maintained or stored by electronic and/or magnetic means, including but not limited to records that have been microfilmed, microfiched, imaged, scamv-d, or stored on tapes, disks, diskettes, CD-rom, etc. or on or within any computer hardware, bagimp system, download system, file dumping or other system of information management, whether on-site (in any plant or office) or off-site. 5. Any dnewmewr retention and/or destruction policies for Tyler Pipe that pertain to doatmenrs and records, mrhirlmg but not limited to supplements, addenda, memoranda, operating bulletins, revisions, or any other superseding instructions that referred to the stopping, suspending or resuming of such retention or destruction policies. 6. Any record retention and/or destruction, dumping, or purging policies for Tyler Pipe that pertain to documents and records created, maintained or stored by electronic and/or magnetic means, including but not limited to records that have been microfilmed, microfiched, imaged, scanned, or stored on tapes, disks, diskettes, CD-rom, databases, etc. or on or within any computer hardware, backup system, download system, file dumping or other system of information management, whether on-site (in any plant or office) or off-site, including but not limited to supplements, addenda, memoranda, operating bulletins, revisions, or any other superseding instructions that referred to the stopping, supending or resuming of such retention NVJWI3 V X31I9 `H3NJ330H tOte LZZ CU XVJ tS:CT QHI 86/ZT/TT iiao3 * * oi nunamat uauiaoavi o or destruction policies. 7. Your current resume or Curriculum Vitae. 8. Any documentation which, reflects or relates in any way to any other inquiry or reseaash conducted by you or at your request or direction in anticipation of or in the preparation for your deposition. 9. Any other documentation of any nature that constitutes, reflects, comprises, pertains, describes or relates in any way to any other document or source of information you relied on in preparing for your deposition. 10. Any other documentation (not otherwise produced in response to a foregoing paragraph) that you reviewed in preparation for your deposition. 11. Any documentation, including but not limited to notes, correspondence, memonada, tapes or transcriptions thereof, computerized information, "* of meetings, or other documentation which reflects or relates in any way to conferences, meetings, or conversations you had with any individual or entity (except Tyler Pipe attorneys) during which you prepared for or otherwise discussed this deposition. ztoia NVKdlS 9 X31I8 `H3NJJH0H me lzz cil xvi *s = ct nai 86/zt/tt v * \` **#* naai' i ot iiunamo, uaniajaa o CAUSE NO. 97-2444-B ALDON BENJAMIN GREENHOUSE vs. DRESSER INDUSTRIES, INC. ET AL $ IN THE DISTRICT COURT OF S SMITH COUNTY, TEXAS S 114TH JUDICIAL DISTRICT NOTICE OF INTENTION TO TAKE THE 200f2VBl TONS AND SUBPOENA DUCES TECUM TO: Defendant, Swan Transportation Company by and through its attorney of record, Joanne Early, Garden ft Wynne, LJLP., 300 Thanksgiving Tower, Dallas, Texas 75201-4761. PLEASE TAKE NOTICE that Plaintiffs will take the deposition of Swan Transportation Company, Etc. (Defendant") on November 13,1998 commencing at 1:00 p.m. and continuing thereafter from day to day until completed. The deposition will take place at the offices of Baron ft Budd, 3102 Oak Lawn Avenue, Suite 1100, Dallas,Texas 75219-4281. You are invited to attend and examine the witness. Further, pursuant to Rule 200(l)(b) of the TEXAS RULES OF CIVIL PROCEDURE, Swan Transportation Company must designate the person or persons most knowledgeable regarding the following topics to testify fully on its behalf. CT0B Nvnaia * mtiiu `H3njj3oh me izz cu xvj ss-ci am sb/zt/tt HQ03 t o i auaamoi uaina^uu i' o (( 1. *v The existence, extent, type, organization, filing system, method of access or retrieval, and/or location of Swan Transportation Company's documents that are maintaimri or stored on-site (in any plant or corporate office) and/or off-site. 2. The existence, extent, type, organization, filing system, method of access or retrieval, and/or location of Swan Transportation Company's computerized records or other records created, maintained or stored by electronic and/or magnetic means, including but not limited to records that have been microfilmed, microfichcd, imaged, scanned, or stored on tapes, disks, diskettes, CD-rom, etc. or on or within any computer hardware, backup system, download system, file dumping or other system of information management, whether on-site (in any plant or office) or off-site. ,, 3. The dnmment retention and/or destruction policies for Swan Transportation Company that pertain to documents and records. 4. The record retention and/or destruction, dumping, or purging policies for Swan Transportation Company that pertain to records created, maintained or stored by *hwnic and/or magnetic means, including but not limited to records that have been microfilmed, microfichcd, imaged, scanned, or stored on tapes, disks, diskette^ CD-rom, databases, etc. or oa or within any computer hardware, backup system, download system, file dumping or other system of information management, whether on-site (in any plant or office) or off-site. Defendant may, if it so desses, designate die matters on which each person it designates will testify. The person or persons so shall appear and testify at the time and place set forth in this Notice. Further, pursuant to Rule 200(lXb) of die Texas Rules of Civil Procedure, the person or persona so digwamd are hereby commanded to produce the items or things listed in the attached Subpoena Daces Tecum at such persons deposition (or in advancement of the deposition at such other time and location as the parties may agree). MO0 NVRGI3 9 33119 `M3NJJ30H Page 2 me LZZ CU XVJ SS = CT Mil 86/2T/TT *4`- ' .K*' fldOa i oi lUJnaiUtfc uaiuajaa | o Respectfully iwhmircnd, NEGEM, BICKHAM AND CLARK 440 Sooth Vine / ATTORNEY FOR PLAINTIFF, ALDON BENJAMIN GREENHOUSE STO0 NVRai3 * M31I8 `H3NJJ30H m6 LZZ CTL XVi SS = CI aHI S6/ZT/U * 4 .+ naoa-i 01 nunanii uaiuajaa | o Certificate of Service I hereby certify that a true and correct copy of the above document has been forwarded 9T0 NVidia I H31I0 `H3NJJ30H me lzz ctl xvj ss^ct nn 6/zt/tt nao3i ok nv/ita#uai uauia uu DEHMUIONS As used in this Notice, the following terms are defined: I 1. "Person" shall mean the plural as well as the singular and shall include any natural person, alive or deceased, any firm, corporation, proprietorship, joint venture, crust or estate, business, association, partnership, or other form of legal entity, ime the context indicates otherwise. 2. "Identify" or "identity* when used in reference to documents shall be understood as an instruction to identify the document completely. The identification shall include, but not be limited to, the document's date, title, authors, addresses and other recipients, tvne Ye.g.. letter, notes, memoranda, diary, etc.), subject matter, present location, present custodian, and the purposes for which the document was created or prepared. 2- "Each" shall "wn each and every; "All" shall mean any and all. 4. *Relating to" "pertaining to" and "regarding" shall mean embodying, pertaining to, concerning, constituting, comprising, reflecting, discussing, referring to, or having any logical or formal connection whatsoever with the subject matter in question. 5. The words "Defendant," "You," "Your," "Your companyall mean the corporate Defendant responding to these Requests for Production, its merged, consolidated, or - acquired predecessors, divisions, subsidiaries, foreign subsidiaries, foreign subsidiaries of predecessors, and/or affiliates, including present and former officers, directors, agents, employees, and all other persons acting or purporting to act on behalf of the corporate Defendant or its predecessors; subsidiaries, and/or affiliates. The term "Predecessors" means any business firm, whether or not incorporated, which bad all or some of its assets purchased by you or by another entity that you acquired thereafter or that came to be acquired by you whether by merger, consolidation, or otherwise. "Subsidiaries* means any business firm, whether or not incorporated, which is or was many way owned or controlled, in whole nr in part, by Defendant or its predecessors. 6. The words "documentation* "document" and "documents" include any written, printed, recorded or graphic miner, photographic or videographic mangy or sound reproductions or computer input or output, including but not limited to: Papers, books, pamphlets, guidebooks, handbooks, instruction and/or safety manuals, articles, letters, correspondence, electronic or videotape recordings, contracts, notes, rough drafts, inter-office memoranda, reports, research materials, logs, diaries, calendars, bank statements, tax invokes, diagrams, studies, manuals, minutes, by-laws, ankles of incorporation, resolutions, shareholder endorsements, or partnership dneurngnts however produced or reproduced, that are now or were formerly in the possession, custody, or control of the Defendant (including documents at any time in the possession, custody or control of Defendant's subsidiaries, whether domestic or international, or merged or acquired predecessors). NVJWI3 V JmiH `H3NJ330H W6 LZZ CU XVi SS = CT flHl 86/ZT/TT ndoa-i 6k Auwanu uaiwajaa | 0 The words "conference" "meeting" or "meetings" may mean any coincidence or presence of any persons, whether or not such coincidence or presence was pre arranged, was formal or informal, or was in connection with some other activity. The word "plane" means a manufacturing or assembly facility where products are assembled, manufactured, constructed, fabricated, or where component parts, materials, substances, or materials are incorporated into final products, or where products or compooextf parts are prepared for farther fabrication and/or assembly. The word "manufacture," or "manufactured* means to fabricate, to construct, to assemble, to prepare for fabrication, construction or assembly, and any other action taken prior to completion of the product or material before the time of its shipment. I MVR0I3 V XTIIfl * H3MJ330H II II J i me izz cu xvj 9s = ct hhi ee/n/ii JlQOa * L 0^ nuiiaiuo/ uuii au i {' Suhnowia Duces Tecum 1. Any and ail documentation, including but not limited to lists, inventories, indices, databases or print-oca thereof, archives, storage inventories, logs, or other search aids that refer or relate to die existence, extent, type, organization, filing system, method of access or retrieval, and/or location of Swan Transportation Company's documents (maintained or stored on-site in any plant or office or off-site). 2. Any and all documentation, including but not limited to lists, inventories, indices, Harahai-< 0r prist-outs thereof, archives, storage inventories, logs, or other search aids that refer or relate to the existence, extent, type, organization, filing system, method of access or retrieval, and/or location of Swan Transportation Company's computerized records or ocher records of Swan Transportation Company that were created, maintained or stored by electronic and/or magnetic means, including but not limited to records that have been microfilmed, microfiched, imaged, tfanrw< of stored on tapes, disks, diskettes, CD-rom, etc. or on or within any computer hardware, hacfrwp system, download system, file dumping or other system of information management, whether on-site (in any plant or office) or off-site. 3. Maps, diagrams, chans, photographs; drawings, or other graphic or schematic depictions of dm buildings, floors, rooms, or other areas where Swan Transportation Company doraimenes are located, whether on-site (in any plant or office) or off-site. 4. Maps, diagrams, charts, photographs, drawings, or other graphic or schematic depictions of the buildings, floors, rooms, or other areas where Swan Transportation Company stores its computerized records or other records of Swan Transportation Company that were created, mamrairwH or stored by electronic and/or magnetic means, including but not limited to records that have been microfilmed, microfiched, imaged, scanned, or stored on tapes, disks, diskettes, CD-rom, etc. or on or within any computer hardware, backup system, download system, file dumping or other system of information management, whether on-site (in any plant or office) or off-site. 5. Any document retention and/or destruction policies for Swan Transportation Company that pertain to documents and records, including but not limited to supplements, addenda, memoranda, operating bulletins, revisions, or any other superseding instructions that referred to the stopping, suspending or resuming of such retention or destruction policies. 6. Any record retention and/or destruction, dumping, or purging policies for Swan Transportation Company that pertain to documents and records created, mamtaingd or stored by electronic and/or magnetic means, including but not limited to records that have been microfilmed, microfiched, imaged, scanned, or stored on tapes, disks, diskettes, CD-rom, databases, etc. or on or wititin any computer hardware, backup system, download system, file dunping or other system of information management, whether on-site (in any plant or office) or off-site, including but not limited to supplements, addenda, memoranda, operating bulletins, revisions, or any other eio Nvxaia * xaiie `hhnjjhoh me lzz cu xvj 9s = ct mu se/zx/u IIUU J * k o *' ( superseding instructions that referred to the stopping, suspending or resuming of such retention or destruction policies! i 7. Your current resume or Curriculum Vitae. g. Any documentation which reflects or relates in any way to any other inquiry or research conducted by you or at your request or direction in anticipation of or in the preparation for your deposition. 9. Any other documentation of any nature that constitutes, reflects, comprises, pertains, describes or relates in any way to any other document or source of information you relied on in preparing for your deposition. 10. Any other documentation (not otherwise produced in response to a foregoing paragraph) that you reviewed in preparation for your deposition. 11. Any documentation, including but not limited to notes, correspondence, tapes or transcriptions thereof, computerized information, minutes of meetings, or other documentation which reflects or relates in any way to conferences, meetings, or conversations you had with any individual or entity (except Swan Transportation Company attorneys) daring which you prepared for or otherwise discussed this deposition. o zo@ Nvaaia * H3HH `H3NJJ30H me lzz c\L iva ss^ci nm ss/zt/tt natn-i oi nuwanu ua/uajaa : ( O Wfc. ,,* DE] aiciKvc]cS As used in this Notice, the following terms are defined: i j 1. 'Person" shall mean the .plural as well as the singular and shall include any natural person, alive or deceased, any firm, corporation, proprietorship, joint venture, erase or estate, business, association, partnership, or other form of legal endiy, unless the context indicates otherwise. 2. "Identify" or 'identity" when used in reference to documents shall be understood as an instruction to identify the document completely. The identification shall include, but not be limited to, the document's date, tide, authors, addresses and other recipients, type (e.g.. letter, notes, memoranda, diary, etc.), subject matter, present location, present custodian, and the purposes for which the document was created or prepared. 3. "Each" *hail mean each and every; 'All" shall mean any and all. 4. 'Relating to" 'pertaining to" and 'regarding" shall mean embodying, pertaining to, concerning, constituting, comprising, reflecting, discussing, referring to, or having any logical or factual connection whatsoever with the subject matter in question. 5. The words 'Defendant," 'You," "Your," "Your company," all mean the corporate Defendant responding to these Requests for Production, its merged, consolidated, or acquired pmtecfgsnrs, divisions, subsidiaries, foreign subsidiaries, foreign subsidiaries of predecessors, and/or affiliates, including present and former officers, directors, agents, employees, and all other persons.acting or purporting to act on behalf of the corporate Defendant or its predecessors, subsidiaries, and/or affiliates. The term 'Predecessors* means any business firm, whether or not incorporated, which had all or some of its assets purchased by you or by another entity that you acquired thereafter or that came to be acquired by you whether by merger, [consolidation, or otherwise. 'Subsidiaries' means any business firm, whether or not incorporated, which is or was in any way owned or controlled, in whole or in part, by Defendant or its predecessors. 6. The words "documentation" 'document" and 'documents* include any written, printed, recorded or graphic matter, photographic or videographic matter or sound reproductions or computer input or output, including but not limited to: Papers, books, pamphlets, guidebooks, handbooks, instruction and/or safety manuals, articles, letters, correspondence, electronic or videotape recordings, contracts, notes, rough drafts, inter-office memoranda, reports, research materials, logs, diaries, calendars, bank statements, tax invoices, diagrams, studies, manuals, minutes, by-laws, articles of incorporation, resolutions, shareholder endorsements,, or partnership rfnrum^nf* however produced or reproduced, that are now or were formerly in the possession, custody, or control of the Defendant (including documents at any tm> in the possession, custody or control of Defendant's subsidiaries, whether dTMTM***^ or international, or merged or acquired predecessors). UO0 Nvxaia v xaiia `HauaaaoH me lzz cu xva ts^ct fiai ee/zt/ii MUW j w *i viiw< it w uutituwMa | j H 7. 8. 9. ' The words 'conference* 'meeting" or 'meetings* may mean any coincidence or presence of any persons, whether or not such coincidence or presence was pre arranged, was formal or informal, or was in connection with some other activity. The word 'plant* means a manufacturing or assembly facility where products are assembled, manufacmred, constructed, fabricated, or where component parts, materials, substances, or materials are incorporated into final products, or where products or component pans are prepared for further fabrication and/or assembly. The word *manufacture, ' or "manufactured" means to fabricate, to construct, to assemble, to prepare for fabrication, construction or assembly, and any other action taken prior to completion of the product or material before the time of its shipment. j*.. zzo MVHdia V S31I8 `HHNdiaOH me lzz cu xva run 86/zt/tt