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CAUSE NO. DC11-02497
IN THE DISTRICT COURT
DWAINE R. CARAWAY Plaintiff
GREGG ABBOTT, ATTORNEY GENERAL OF STATE OF TEXAS, and CITY OF DALLAS Defendants
JUDICIAL DISTRICT
ND
THE DALLAS MORNING NEWS, INC. Intervenor THE DALLAS MORNING NEWS, INC. Cross-Claim Plaintiff
DALLAS COUNTY, TEXAS
CITY OF DALLAS
PLAINTIFF'S PLAINTIFF'S MOTION TO OUA SH NOTICE OF DEPOSITION OF DWA INE R. CARAW AY AN D MOTION FOR PROTECTI PROTECTIVE VE ORDER TO THE HONORABLE JUDGE OF SAID COURT:
COMES N OW, D WA INE R. CARA WA Y, Plaintiff Plaintiff in the above-entitl above-entitled ed cause, and files thi Motion to Qu ash Notice of Depo sition sition of D waine R. Caraway an d Mo tion for Protective Protective Order, and
in support thereof would show the Co urt the following: following: MOTION TO QUASH
NOTICE OF DEPOSITION
I.
On or about M arch 9, 2011, Plaintiff received received Intervenor/Cross-Claim Plaintiff, 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 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
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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 Quash has h as 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
Plaintiff seeks a severance. In re Union Carbide Corp., 272 S.W.3d 152, 1 56 (Tex. 2008). Thus, Plaintiff 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
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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 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
laintiff's Motion to Quash Deposition Notice and Motion for Protective Orders
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CERTIFICATE OFSERVICE I here by certify that a true and correct copy f the foregoin to the following by the method indicated on this the'll of Marc
/s Ge i ent has been orwarded orwarded
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
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FIAT
The above and foregoing Motion filed filed by M ovant, 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 n
e a y f ,
,a t
m
e
e
a beJ u d
Snelson, Associate District Judge, Dallas County, Texas.
SIGNED on
01
JUDGE PRESIDING
Plaintiff's Motion to ash Deposition Notice and Mo on for Protective Orders
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