Caraway Motion To Quash Deposition

03/11/2011 FRI 16:30 FAX 0009/022
CAUSE NO. DC11-02497
DWAINE R. CARAWAY IN THE DISTRICT COURT

Plaintiff
v.
GREGG ABBOTT, ATTORNEY GENERAL

OF STATE OF TEXAS, and
CITY OF DALLAS
Defendants
A ND 68111 JUDICIAL DISTRICT
THE DALLAS MORNING NEWS, INC.

Intervenor
THE DALLAS MORNING NEWS, INC.

Cross-Claim Plaintiff
v.
CITY OF DALLAS DALLAS COUNTY, TEXAS
PLAINTIFF'S MOTION TO OUASH NOTICE OF DEPOSITION OF

DWAINE R. CARAWAY AND MOTION FOR PROTECTIVE ORDER
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, DWAINE R. CARAWAY, Plaintiff in the above-entitled cause, and files this
Motion to Quash Notice of Deposition of Dwaine R. Caraway and Motion for Protective Order, and
in support thereof would show the Court the following:
MOTION TO QUASH NOTICE OF DEPOSITION
I.
On or about March 9, 2011, Plaintiff received Intervenor/Cross-Claim Plaintiff, The
Dallas Morning News, Inc.'s Notice of Deposition of Dwaine R. Caraway, noticing same for
March 17, 2011 at 8:30 a.m. at the offices of Intervenor's counsel. A copy of said Notice is
attached hereto as Exhibit "A."
Plaintiff's Motion to Quash Deposition Notice and Motion for Protective Orders Page 1
03/11/2011 FRI 16:30 FAX U010/022
11.
Pursuant to Texas Rule of Civil Procedure 199.4, a party may object to the time and place
designated for an oral deposition by filing a motion to quash the deposition notice. Accordingly,
Plaintiff requests that the Notice of Deposition be quashed.
This Motion to Quash has been filed within three (3) business days of receipt of the
referenced Notice of Deposition and therefore, the oral deposition of the Plaintiff is stayed until the
Court rules on said Motion, but no sooner than the Court's ruling on Plaintiff's Motion to Strike
Intervention.
MOTION FOR PROTECTIVE ORDER
I.
Intervenor filed its' Plea In Intervention on March 9, 2011. At the same time, Intervenor
noticed the deposition of the Plaintiff for March 17, 2011, without first conducting a conference with
the Plaintiffs counsel or the counsel for the other named parties.
Plaintiff has filed a Motion to Strike Intervenor's Plea In Intervention challenging the
intervention and has asked the Court to set the Motion to Strike for hearing.
Because intervention by uninvited participants has the potential for disrupting pending suits,
trial courts should rule on motions to strike intervention before considering other matters such as
severance. In re Union Carbide Corp., 272 S.W.3d 152, 156 (Tex. 2008). Thus, Plaintiff seeks a
protective order from the Court, protecting him from any and all discovery propounded on the
Plaintiff by the Intervenor including, but not limited to, oral depositions and written discovery
requests.
Plaintiff's Motion to Quash Deposition Noti and Motion for Protective Orders Page 2
03/11/2011 FRI 16:30 FAX 0011/022
WHEREFORE, PREMISES CONSIDERED, Plaintiff espectfully asks the Court to set
this matter for a hearing, and after hearing, issue an Order protecting the Plaintiff from any and all
discovery requests by the Intervenor, until such time as the Court rules on Plaintiffs Motion to
Strike Plea In Intervention. The Plaintiff further seeks such other relief to which he may show
himself to be justly entitled, at law and in equity.
Respectfully Submitted,
PAYMA, KUHNEL & SMITH, P.C.

Midway Tower
4230 LBJ Freeway, Suite 121
Dallas, Texas 75244
(214) 999-0000
(214) 999-1111 Facs mil
Byr
CHAEL D. PAYMA
State Bar No.: 00790560
SAMMIE M. SMITH
State Bar No.: 24044902
ATTORNEYS FOR PLAINTIFF
Plaintiff's Motion to Quash Deposition Notice and Motion for Protective Orders Page 3
03/11/2011 FRI 16:30 FAX 0012/022
CERTIFICATE OFSERVICE
I here by certify that a true and correct copy f the foregoin /s Ge i ent has been orwarded
to the following by the method indicated on this the'll m of Marc
726,17,<
AMME M. SNIII H
The Honorable Gregg Abbott

Attorney General of the State of Texas
Office of The Attorney General
Open Record Division
P.O. Box 12548
Austin, Texas 78701-2548
Via C.M.R.R.R. and Facsimile
Mr. Thomas Perkins

City Attorney
City of Dallas
1500 Marilla Street, Room 7DN
Dallas, Texas 75201
Via Facsimile (214)670-0622
Mr. Paul C. Walter

Jackson Walker, LLP
901 Main Street, Suite 6000
Dallas, Texas 75202
Via Facsimile (214)953-5822
Plaintiff's Motion to Quash Deposition Notice and Motion or Protective Orders Page 4
03/11/2011 FRI 16:30 FAX 0013/022
FIAT
The above and foregoing Motion filed by Movant, having been presented to me and the Court
being of the opinion that a hearing on same is necessary, and;
IT IS THEREFORE ORDERED that said Motion be, and same is hereby set for hearing
on the day of , 2011, at .m. before the Honorable Judge
Snelson, Associate District Judge, Dallas County, Texas.
SIGNED on 2011 .
JUDGE PRESIDING
Plaintiff's Motion to ash Deposition Notice and Mo on for Protective Orders Page 5

Caraway Motion To Quash Deposition

Uploaded by

Copyright:

Available Formats

Caraway Motion To Quash Deposition

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Caraway Motion To Quash Deposition

Uploaded by

Copyright:

Available Formats

What is the plaintiff requesting from the court?

What is the plaintiff requesting from the court?

What motion has the plaintiff filed challenging the intervention?

What motion has the plaintiff filed challenging the intervention?

03/11/2011 FRI 16:30 FAX 0009/022

CAUSE NO. DC11-02497

DWAINE R. CARAWAY IN THE DISTRICT COURT

GREGG ABBOTT, ATTORNEY GENERAL

THE DALLAS MORNING NEWS, INC.

THE DALLAS MORNING NEWS, INC.

CITY OF DALLAS DALLAS COUNTY, TEXAS

PLAINTIFF'S MOTION TO OUASH NOTICE OF DEPOSITION OF

TO THE HONORABLE JUDGE OF SAID COURT:

in support thereof would show the Court the following:

MOTION TO QUASH NOTICE OF DEPOSITION

On or about March 9, 2011, Plaintiff received Intervenor/Cross-Claim Plaintiff, The

attached hereto as Exhibit "A."

Plaintiff requests that the Notice of Deposition be quashed.

MOTION FOR PROTECTIVE ORDER

WHEREFORE, PREMISES CONSIDERED, Plaintiff espectfully asks the Court to set

himself to be justly entitled, at law and in equity.

PAYMA, KUHNEL & SMITH, P.C.

The Honorable Gregg Abbott

Mr. Thomas Perkins

Mr. Paul C. Walter

being of the opinion that a hearing on same is necessary, and;

on the day of , 2011, at .m. before the Honorable Judge

Snelson, Associate District Judge, Dallas County, Texas.

You might also like

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.