CAUSE NO.
DC-18-00639
INTERSTATE 35W AT FM407, LP, § IN THE DISTRICT COURT
by and through its General Partner §
INTERSTATE 35W AT 407 GP, LLC, §
Plaintiff,
GARRETT, GALVIN & DELAO- DALLAS COUNTY, TEXAS
INTERSTATE 35W AT 407, LLC,
GARRETT, GALVIN & DELAO-
PARKER COUNTY, LLC
KATHY GARRETT, and
JOHN DELAO,
Defendants. 191” JUDICIAL DISTRICT
DEFENDANT’S RESPONSE TO SECOND REOUEST FOR PRODUCTION
TO: Plaintiff(s) INTERSTATE 35W at FM407, LP, by and through its General
Partner INTERSTATE 35W at 407 GP, LLC, by and through their attorney of
record, Cody L. Towns, Esq., Towns Law Firm, PC, 1314 W. McDermott, Suite
106-626, Allen, Texas 75013.
Defendant KATHY GARRETT makes the following response to Plaintiff s Second
Request for Production of Documents:
1. Pursuant to the Rules of Civil Procedure, except as otherwise stated herein, the
documents to be produced in response to the Request for Production w'ill be produced for
review and copying at the requesting party's expense at a time and place mutually agreeable to
the parties.
2. Objection is made to each and every request within the Request for Production of
Documents to the extent that such request seeks to discover documents that are not discoverable
due to the attorney-client privilege, work product doctrine, party communication privilege, trade
Response to Sccond Request for Production Page 1 I P- I
720V
secrets confidentiality or pii›'i1ege and/or any other privilege or exemption under law. In the
event agreement on such matters cannot be reached between counsel, offer is hereby made to
tender all relevant privileged, confidential or exempt documents to the Court for in camera
inspection. Furthermore, in responding to each and every request it will be assumed that said
request does not inquire into any privileged, confidential or exempt information and each and
even request will be lnterpreted to exclude said information. Response will therefore be made,
with said assumption and subject to these objections and qualifications.
3. Objection is further made to each instance in which there is a request for the
production of all documents in any way “evidencing” “referring” or "relating to" the "subject
matter" of specific request. Such requests are unduly vague and ambiguous, and reasonable
persons may differ on whether a particular document "refers to," or "relates to" a given subject,
This invokes a subjective and relative standard which must be used in responding to the requests.
Such requests are also overly broad and unduly burdensome in that they call for the production of
every tangible document in existence which may have no relationshlp, or a remote but wholly
irrelevant tangential relationship, to the relevant lssues in this case. Such requests amount to a
"fishing expedition." To require such production of all such documents, regardless of how
peripheral or remote the relationship to the material issues in this case, is to use discovery for
purposes of harassment and would impose an unnecessary expense. See also Loftin v. Martin 776
SW2d 145 (Tex. 1989).
4. Objection is further made to the instructions and definitions that accompany the
Request for Production of Documents to the extent those instructions and definitions attempt to
impose a duty or obligation beyond that required by the Texas Rules of Civil Procedure. The
Response to Second Request for Production Page 2 1P-1720V
words and terms in the Request for Production of Documents will be given their ordinary
meaning as found in the dictionary in responding to said request.
5. Defendant further objects to the definition of the term “Property” as that term is used
by Plaintiff throughout the propounded discovery. Plalntiff defines the term “Property”as
follows: “ ’Property’ shall have the same meaning as defined in the ‘Recitals’ and ‘Sectlon
1.01(kk)’ of the Partnership Agreement.” The Partnership Agreement is defined as follows:
“ ’Parlnership Agreement’ shall mean the ‘Agreement of Limited Partnership of Interstate 35W
at FM 407, LP’ dated on or about May 2, 2006, attached hereto as Exhibit A.” Plaintiff defines
the term “Amended Partnership Agreement” as follows: “ Amended Partnership Agreement’
shall mean the Partnership Agreement including the ‘First Amendment to Agreement of Limited
Partnership of Interstate 35W at FM 407, LP’ dated on or about June 6, 2006, attached hereto as
Exhibit B.” There is no Exhibit A and no Exhibit B (hence no description of the property)
attached to the discovery requests. Since this lawsult involves a discrepancy(ies) in the
description of the property, and since there are no attachments to the discovery actually
describing the property, the use of these terms creates potential ambiguity and vagueness.
Accordingly, Defendant objects to each and every inquiry or request that contains the words
“Property, ” “Partnership Agreement,” or “Amended Partnership Agreement.”
SPECIFIC NUMBERED RESPONSES
The following Specific Response to each and every request are made subject to and
without waiving the objections and qualifications stated hereinabove:
(see attached pages)
Response to Second Request lör Production Page
3
Respectfully Submitted,
+s/ Lar rence E. Ackel.s, Jr.
LAWRENCE E. ACKELS, JR.
State Bar No. 00830100
ACKELS & ACKELS, L.L.P.
3030 LBJ Freeway, Suite 1550
Dallas, Texas 75234
Tel: (214) 2ó7-8600
Fax: (214) 267-8605
larry@ackelslaw.com
Attomey for Defendant Kathy Garrett
CERTIFICATE OF SERVICE
The underslgned attorney certifies that he has served or will serve a copy of the foregoing
instrument upon attomeys of record for all other parties in this action in accordance with the
Rules of Procedure, this 27" day of July, 2018.
/s/ Lawrence E. Ackels, .Ir.
LAWRENCE E. ACKELS, JR.
Response to Second Regnesi for Produ ction Page 4
RESPONSE TO REOUEST FOR PRODUCTION
REOUEST NO. 1: Produce each and every Communication made to you by Stephen
Schattner, or agents or representatives of Imperium Holdings I, LLC, Interstate 35W at FM 407
GP, LLC, Interstate 35W at FM 407, LP, Parker Country Club, LP, Parker Country Club GP,
LLC, US 377 at Country Club, LP and/or US 377 at Country Club GP, LLC related to the
Property prior to June 31, 2006.
RESPONSE:
Defendant repeats and re-alleges objection number 5 above. Subject to the foregoing
objection(s), documents have been or will be produced.
REQUEST NO. 2: Produce all documents that You maintain demonstrate or support any direct
legal relationship between You and Stephen Schattner, Imperium Holdings I, LLC, Interstate
35W at FM 407 GP, LLC, Interstate 35W at FM 407, LP, Parker Country Club, LP, ParkeT
Country Club GP, LLC, US 377 at Country’ Club, LP and/or US 377 at Country Club GP, LLC
related to the Property.
RESPONSE:
Defendant i‘epeats and re-alleges objection number 5 above. Subject to the foregoing
objection(s), documents have been or will be produced.
REQUEST NO. 3: Produce all documents you relled upon in Your belief that the amount of
land involved in the Interstate 35W at FM 407, LP investment was a total of 2.396 acres as of
June 6, 2006, as contained in paragraph 6a of your Counterclaim.
RESPONSE:
Documents have been or will be produced.
REOUEST NO. 4: Produce all documents that support your allegations of a breach of fiduciary
duty by Stephen Schattner, Imperium Holdings I, LLC, Interstate 35W at FM 407 GP, LLC,
Interstate 35W at FM 407, LP, Parker Country Club, LP, Parker Country Club GP, LLC, US 377
at Country Club, LP and/or US 377 at Country Club GP, LLC, as contained in paragraph 11 of
your Counterclaim.
RESPONSE:
Documents have been or will be produced.
Response to Second Request for Production Page 5 I P-1
720V
REOUEST NO. 5: Produce all documents that support your allegation that Stephen Schattner,
Imperium Holdings I, LLC, Interstate 35a' at FM 407 GP, LLC, Interstate 35W at FM 407, LP,
Parker Country Club, LP, Parker Country Club GP, LLC, US 377 at Country Club, LP and/or US
377 at Country Club GP, LI.C, breached the Partnership Agreement or Amended Partnership
Agreenlent by failing to honor its fiduciary duty to conduct the affairs of the partnership in the
best interests of the partnership as required under Article III, Sectlon 3.01(D, as contained in
paragraph 14 of your Counterclaim.
RESPONSE:
Defendant repeats and re-alleges objection number 5 abo›'e. Subject to the foregoing
objection(s), documents have been or will be produced.
REOUEST NO. 6: Produce all documents that support your allegation that Stephen Schattner,
Imperium Holdings I, LLC, Interstate 35W at FM 407 GP, LLC, Interstate 35W at FM 407, LP,
Parker Country Club, LP, Parker Country Club GP, LLC, US 377 at Country Club, LP and/or US
377 at Country Club GP, LLC, breached the Partnership Agreement or Amended Partnership
Agreement by failing to allow each partner to audit, examine and make copies of or extracts from
the books of account of the partnership, as required under Article YI, sectlon 6.01(c), as
contained in paragraph 14 of your Counterclaim.
RESPONSE:
Defendant repeats and re-alleges objection number 5 above. Subject to the foregoing
objection(s), documents have been or will be produced.
REOUEST NO. 7: Produce all documents that support your allegation that Stephen Schattner,
Imperium Holdings 1, LLC, lnteTstate 35W at FM 407 GP, LLC, Interstate 35W at FM 407, LP,
Parker Country Club, LP, Parker Country Club GP, LLC, US 377 at Country Club, LP and/or US
377 at Country Club GP, LLC, breached the Partnership Agreement or Amended Partnership
Agreement by failing to furnish unaudited quarterly financial statements to the partners within
thirty days after the end of each calendar quarter and within forty-five days after the end of each
calendar year, as contained in paragraph 14 of your Counterclaim.
RESPONSE:
Defendant repeats and re-alleges objection number 5 above. Subject to the foregoing
objection(s), documents have been or will be produced.
Response to Second Request for Production Page 6 lP-
l720'V
EST NO 8 Produce all documents that support your allegation that Stephen Schattner,
Imperium Holdings I, LLC, Interstate 35W at FM 407 GP, LLC, Interstate 35W at FM 407, LP,
Parker Countiy Club, LP, Parker Country Club GP, LLC, US 377 at Country Club, LP and/or US
377 at Country Club GP, LLC, breached the Partnership Agreement or Amended Partnership
Agreement by instltuting this lawsuit without the authorization in writing by a majority-ininterest
of the limited partners, as required under Article III, section 3.01 (c)(ii), as contained in
paragraph 14 of your Counterclaim.
RESPONSE:
Defendant repeats and re-alleges objection number 5 above. Subject to the foregoing
objectlon(s), Defendant has no such document(s). Defendant has requested that Plaintiff produce
such document(s).
REOUEST NO. 9: Produce all documents that support your allegation that Stephen Schattner,
Imperium Holdings I, LLC, Interstate 35W at FM 407 GP, LLC, Interstate 35W at FM 407, LP,
Parker Country Club, LP. Parker Country Club GP, LLC, US 377 at Country Club, LP and!or US
377 at Country Club GP, LLC, published false, derogatory, and defamatory statements regarding
Garrett, resulting in injury to Garrett, as contained in paragraph 16 of your Counterclaim.
RESPONSE:
Documents have been or will be produced.
REOUEST NO. 10: Produce all documents that support your allegations of ultra vires conduct
by Stephen Schattner, Imperium Holdings I, LLC, Interstate 35W at FM 407 GP, LLC, Interstate
35W at FM 407, LP, Parker Country Club, LP, Parker Country Club GP, LLC, US 377 at
Country Club, LP and/or US 377 at Country Club GP, LLC, as contained in paragraph 22 of
your Counterclaim.
RESPONSE:
Documents have been or will be produced.
REOUEST NO. 11: Produce all documents, e-mails, texts or other written correspondence
between you and any other member of GGD related to the Property or Partnership from January
1, 2015 to present. This Request specifically does NOT seek documents discussing this Lawsuit
or including legal counsel.
RESPONSE:
Defendant repeats and re-alleges objection number 5 abo›'e. Subject to the foregoing
objection(s), documents have been or will be produced.
Response to Second Request for Production Page 7
REOUEST NO. 12: Produce all documents, e-mails, texts or other written correspondence
between You and Stephen Schattner, Imperium Holdings I, LLC, Interstate 35W at FM 407 GP,
LLC, Interstate 35W at FM 407, LP, Parker Country Club, LP, Parker Country Club GP, LLC,
US 377 at Country Club, LP and/or US 377 at Country Club GP, LLC from January 1, 2015 to
present.
RESPONSE:
Documents have been or will be produced.
REQUEST NO. 13: Produce all documents, e-mails, texts or other written correspondence
between you and any other special or limlted partner of I35 W from May 1, 2006 to present.
RESPONSE:
Documents have been or will be produced.
REQUEST NO. 14: Produce all documents that support your allegations of damages in this
La» suit.
RESPONSE:
Documents have been or will be produced.
REOUEST NO. 15: Produce all documents, e-mails, texts or other written correspondence
memorializing the financial agreement and terms for legal representation of You in this Law suit.
RESPONSE:
Non-privileged documents will be produced.
REOUEST NO. 16: Produce all invoices for legal representation of You in this Lawsuit.
RESPONSE:
Non-privileged documents will be produced.
REOUEST NO. 17: Produce all documents, including copies of checks or credit card
statements, etc., demonsti‘ating payment You have made for legal representatloil Of You in
this Lawsult.
RESPONSE:
Objection. This is an improper request for production and is irrelevant and not calculated
to lead to the discovery of adInlSSible evidence.
REOUEST NO. 18: Produce all documents related to any loan between you and Scott Seward.
RESPONSE:
Objectlon. This request is irrelevant and not calculated to lead to the discovery of
admissible evidence.
REQUEST NO. 19: Produce all documents related to any loan between you and any third party
that places any encumbrance on your in›'estment in the Property.
RESPONSE:
Defendant repeats and re-alleges objection number 5 above.
REOUEST NO. 20: Produce all documents related to any diagnosis or event in which you ever
consulted, been treated, or been recommended treatment for any problem relating to drugs or
alcohol and/or any mental health condition.
RESPONSE:
None
REOUEST NO. 21: Produce all documents related to any diagnosis of You of any physical or
mental impairment or infirmity, including a complete description of the diagnosis, course of
treatment, any restrictions imposed and the prognosis.
RESPONSE:
None
REOUEST NO. 22: Produce all documents related to any criminal, civil, domestic abuse, or
other incident reported to the police, in which You have been involved in the past ten years,
demonstrating:
a) The natu3e and substance of the complaint or incident;
b) The county and state in which the complaint oT incident occurred; and
c) The disposition of the complaint or incident.
RESPONSE:
None
Response to Second Request for Production Page 9 IP-1720V
REOUEST NO. 23: If You have been charged with a crime, other than traffic misdenieanors,
in the past ten jears, produce all documents demonstrating:
d) The date you were charged or cited;
e) The offense or violation for which you were charged or
cited; II The date of the alleged offense or violation;
g) The names of any persons who were witnesses to the alleged offense or violation;
h) The disposition or outcome of the charge or citation;
i) The dates of any incarceration or treatment;
j) The county and state in which you were charged or cited; and
k) The name and location o1 the court in which proceedings occurred as a result of
the charge or citation.
RESPONSE:
None
REOUEST NO. 24: Produce a list of List all Information Technology and Information System
personnel and technical staff that is or has been responsible for managing and maintaining the
technology infrastructure of Your e-mail and computer systems from January 1, 2013 to present
including, but not limited to desktop computers, servers, personal digital assistants (PDAs),
portable computers, laptop computers, and other electronic dex'ices. Include contact information
such as full name, job position, job description, and list of duties. Please ensure the list identifies
employees formally or‘ loosely assigned to subgroups within the IT and IS departments, such as
network englneering, software development, emergency response, quality assurance,
troubleshooting, etc.
RESPONSE:
Objection. This is an unintelligible and improper request for production. No such
document(s) exists.
Response to Second Request for Production Page I P- I
10 720V
REQUEST NO. 25: Produce a list of List of any and all groups of connected computer systems
within Your computer use network that permit users to share information and transfer data,
including, but not limited to local area networks (LANs), wide area networks (V'ANs), client-
ser er networks, virtual private networks (VPNs), and storage area networks (SANs). List any
and all components and network resources that establlsh and maintain the network envlronment,
including, but not limited to, routers, so itches, hubs, bridges, firewalls, proxies, etc., and the type
of information that is shared, manner in which information lS transferred, and contact lists of
internal and external individuals who have authorization to transfer information into or out of
Your network environment.
RESPONSE:
Objection. This is an unintelligible and improper request for production. to such
document(s) exists.
REOUEST NO. 26: Produce a list o1 List of any and all electronic communication devices
(computers, mobile telephones, iPads, etc.) that You have access to currently and for the past five
years, and for each device list the make, model, serial number and operating system.
RESPONSE:
Objection. This is an improper request for production. No such document(s) exists.
REOUEST NO. 27: Produce a list of List of any and all telephone and voice messaging
systems the You use or have used in the previous five years, including all hardware, software,
and third-party service providers.
RESPONSE:
Objection. This is an improper request for production. No such document(s) exists.
REOUEST NO. 28: Produce any and all voice messages that you have saved or have access to
through backup servers, etc. (other than those with your legal counsel) left on any device or
electronic system that discuss the Property, Partnership or this Lawsuit.
RESPONSE:
Defendant repeats and re-alleges objection number 5 above. Subject to the foregoing
objection(s), documents hate been or will be produced.
REQUEST NO. 29: Produce any and all call logs or written messages that discuss the
Property, Partnership or this Lawsuit.
RESPONSE:
Defendant repeats and re-alleges objection number 5 above. Subject to the foregoing
objection(s), documents have been or will be produced.
Response to Second Request tor Page l1 1 P-1720 V
Production
EST NO 0 Produce any and all daily, v eekly, monthly or annual calendar
that contains any information related to the Property, Partner hip or this Lav›suit.
RESPONSE:
Defendant repeats and re-alleges objection number 5 above. Subject to the foregoing
objection(s), documents have been or will be produced.
REOUEST NO. 31: Produce a current resume or c v. that describes in detail your educational
background, and include the names and addresses of all institutlons that you have attended, the
dates of attendance, and a description of the degrees or certificates that you have obtained; Each
position of employment held by You in the past twenty years, and include the name and address
of your employer, the dates of your employment, and your official title, if any.
RESPONSE:
None
EST NO 2 Produce a list of all of your sources of income or compensation, whether
or not reported on any tax return, for the past five years and, as to all income and assets or
services received, set forth the income, assets or services received, the nature and amount of
any deductions or set-offs, and the net amount received.
RESPONSE:
Objection. This request is irrelevant and not calculated to lead to the discovery of
admisslble evidence.
REQUEST NO. 33: Produce a list of any interest You hold in a sole proprietorship, joint
venture, or partnership, 0£ lf You have five percent (5%) or more shares of the stock in a closely
held corporation, including:
a) The date and place of organization;
b) A detailed statement of its capital structure and your investment in the entity;
) The names, addresses and ownership interest of all officers, directors, shareholders
and owners;
d) Whether or not there 1s any restrictive sales agreement between you and any others
as to each entity, and, if so, the details of such agreement. In lieu thereof, a copy of
each such agreement may be attached;
e) A detailed description of the nature of the business engaged in by such
entity; Your tax basis in the entity;
g) The current fair market value of your interest;
h) Any encumbrances against your interest; and
) A description of any services you render for the entity.
Response to Second Requ est for Production Pege j 2
RESPONSE:
Objection. This request is unrelevant and not calculated to lead to the discovery of
admissible evidence.
REOUEST NO. 34: Produce all documents related to any financial statement prepared for You
personally or for any sole proprietorship, partnership, or corporation in which You own an
interest that prepared, or had prepared, any financial statements or lists of assets and liabilities
that in any way referenced the Property or Partnership.
RESPONSE:
Defendant repeats and re-alleges objection number 5 above. Subject to the foregoing
objection(s), documents have been or will be produced.
REOUEST NO. 35: Produce all documents including books. or other records reflecting assets,
income and/or expenses for Garrett, Galvin & Delao — Interstate 35W at 407, LLC.
RESPONSE:
Objection. This request is unrelevant and not calculated to lead to the discovery of
admissible evidence.
REQUEST NO. 36: Produce all documents including books, or other records reflectlng assets,
income and/or expenses for Garrett, Galvin & Delao — Parker County, LLC.
RESPONSE:
Objection. This request is unrelevant and not calculated to lead to the discovery of
admissible evidence.
Response to Second Request for Production Page 1 P-1
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