Court of Civil Appeals of Texas, 2018

in Re Brandon Socie and Abril Socie

Court of Civil Appeals of Texas · Decided May 24, 2018

Opinion

ACCEPTED 01-18-00414-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 5/24/2018 11:25 AM CHRISTOPHER PRINE 01-18-00414-CV CLERK NO. _________ FILED IN 1st COURT OF APPEALS IN THE COURT OF APPEALS HOUSTON, TEXAS ______ JUDICIAL DISTRICT 5/24/2018 11:25:19 AM HOUSTON, TEXAS CHRISTOPHER A. PRINE Clerk ______________________________________________ In re BRANDON SOCIE and ABRIL SOCIE, Relators ______________________________________________ Original Proceeding From The 165th Judicial District Court Of Harris County, Texas ______________________________________________ PETITION FOR WRIT OF MANDAMUS ______________________________________________ Christopher M. Cammack State Bar No. 03682100 7324 Southwest Freeway, Suite 1446 Houston, Texas 77074 Telephone: (713) 960-1921 Telecopier: (713) 960-1922 E-mail: [email protected] ATTORNEY FOR RELATORS, BRANDON SOCIE and ABRIL SOCIE IDENTITY OF PARTIES AND COUNSEL 1. The Relators, are Plaintiffs and Judgement Creditors in the trial court.

Their trial and appellate counsel is Christopher M. Cammack, Attorney at Law, 7324 Southwest Freeway, Suite 1446, Houston, Texas 77074, phone # 713-960- 1921, fax # 713-960-1922, E-mail: [email protected].

2. The Respondent, and Presiding Judge in the trial court, is URSULA A. HALL, 165th Judicial District Court, Harris County Civil Courthouse, 201 Caroline, 12th Floor, Houston, Texas 77002, phone # 832-927-2365, fax # unknown.

3. A Real Party In Interest, and Judgment Defendant in the trial court, is KIRBY CONSTRUCTION OF TEXAS, L.L.C. d/b/a UBUILDIT, c/o Registered Agent, Michael Maldonado, 5306 Carefree Drive, League City, Texas 77373, phone # 832-992-9466.

i TABLE OF CONTENTS IDENTITY OF PARTIES AND COUNSEL……………………………………….i TABLE OF CONTENTS…………………………………………………………..ii INDEX OF AUTHORITIES………………………………………………………iii STATEMENT OF THE CASE…………………………………………………….1 ISSUE PRESENTED……………………………………………………………...2 1. Did the trial court violate its ministerial duty of considering and ruling on a party’s Motion, to wit, Relator’s Motion to Compel Deposition Appearance of Michael W. Maldonado?..................2 STATEMENT OF JURISDICTION……………………………………………….2 STATEMENT OF FACTS…………………………………………………………2 ARGUMENT………………………………………………………………………3 PRAYER…………………………………………………………………………...4 CERTIFICATION…………………………………………………………………5 CERTIFICATE OF SERVICE…………………………………………………….5 CERTIFICATE OF COMPLIANCE WITH TRAP 9.4(i)………………………...6 AFFIDAVIT OF EVIDENCE, RELATORS’ COUNSEL………………….…….7 APPENDIX………………………………………………………………………..8 Final Judgment……………...………………………………………..App. #1 Deposition Subpoena, served on witness……………….....................App. #2

ii.

Certificate of Non-Appearance…………………………………..…..App. #3 Plaintiffs’ Motion to Compel Deposition Appearance………………App. #4 Notice of Submission…………………………………………...……App. #5 Order Compelling Deposition Appearance ………………………….App. #6 First Amended Order Compelling Deposition Appearance…………App. #7 Second Amended Order Compelling Deposition Appearance………App. #8 Third Amended Order Compelling Deposition Appearance………...App. #9 Summary of Events page, District Clerk’s Office…………………..App. #10

INDEX OF AUTHORITIES Cases City of Galveston v. Gray, 93 S.W.3d 587, 592-93 (Tex. App. – Houston [14th] 2002, pet. denied)…………………………………………………..3 In re Birdwell, 224 S.W.3d 864 (Tex. App. – Waco 2007 no pet.)………………..4 In re Guetersloh, 326 S.W.2d 737 (Tex. App. – Amarillo 2010, no pet.)…………4 In re Molina, 94 S.W.3d 885 (Tex. App. – San Antonio 2003, no pet.)…………..3 In re Prudential, 148 S.W.3d 124, 135-36 (Tex. 2004)……………………………4 In re Sarkissian, 243 S.W.3d 860 (Tex. App. – Waco 2008, no pet.)……………..3 In re Sepeda, 143 S.W.3d 871 (Tex. App. – El Paso 2004, no pet.)………………3 In re TDFPS, 210 S.W.3d 609, 612 (Tex. 2006)…………………………………..4 Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992)……………………………...4 iii.

Rules, Statutes, and Constitutional Provisions Tex. Gov’t Code § 22.221(b)………………………………………………………1 Tex. R. Civ. P. 621a………………………………………………………………...4 STATEMENT OF THE CASE The underlying proceeding, Case No. 2015-70244, is a Deceptive Trade Practices Act case, over the construction of a new residence, that resulted in a Final Judgment in favor of BRANDON SOCIE and ABRIL SOCIE against KIRBY CONSTRUCTION OF TEXAS, L.L.C. Respondent, URSULA A. HALL, is the presiding judge of the 165th Judicial District Court of Harris County, Texas. The relief which Relator seeks is that the Respondent be ordered to rule upon Relators’ Motion to Compel (post- judgment) Deposition Appearance of Michael W. Maldonado, which Motion was on the court’s submission docket of November 27, 2017.

ISSUE PRESENTED Did the trial court violate its ministerial duty of considering and ruling on a party’s Motion, to wit, Relators’ Motion to Compel Deposition Appearance of Michael W. Maldonado?

STATEMENT OF JURISDICTION Jurisdiction exists pursuant to Tex. Gov’t Code § 22.221(b).

STATEMENT OF FACTS The trial court awarded a Final Judgment to Relators on March 30, 2016 for $118,457.60 in actual damages and $10,000.00 in attorney’s fees (Appendix #1).

A member of the Judgment Debtor, KIRBY CONSTRUCTION OF TEXAS, L.L.C. d/b/a UBUILDIT, one Michael Wayne Maldonado, was subpoena’d to appear for post-judgment deposition on July 28, 2017 (Appendix #2), yet Mr. Maldonado did not appear, per the Certificate of Non-Appearance (Appendix #3).

Relators filed a Motion to Compel Deposition Appearance (Appendix #4) and set same for submission on November 27, 2017 (Appendix #5), accompanied by a proposed Order Compelling Deposition Appearance bearing a date certain for the witness to appear for deposition (Appendix #6). However, per the Events summary page of the District Clerk’s Office (Appendix #10), no ruling was made contemporaneous with the submission date, and continuing to the present.

On December 20, 2017, Relators filed a First Amended Order Compelling Deposition Appearance, along with a filing letter (Appendix #7), bearing a date certain for the witness to appear for deposition, 30 days later.

On January 29, 2018, Relators filed a Second Amended Order Compelling Deposition Appearance, along with a filing letter (Appendix #8), bearing a date certain for the witness to appear for deposition, 18 days later.

On March 7, 2018, Relators filed a Third Amended Order Compelling Deposition Appearance, along with a filing letter (Appendix #9), bearing a date certain for the witness to appear for deposition, 35 days later. Still, there has been no ruling, per the Events summary page of the District Clerk’s Office (Appendix #10) and the Affidavit of Evidence attached hereto from Relators’ counsel.

ARGUMENT When a Motion is properly filed and pending, a trial court’s act of considering it and ruling on it is ministerial, and appellate courts may issue mandamus to compel the trial court judge to act. City of Galveston v. Gray, 93 S.W.3d 587, 592-93 (Tex. App. – Houston [14th] 2002, pet. denied), In re Molina, 94 S.W.3d 885 (Tex. App. – San Antonio 2003, no pet.).

In order to establish violation of a ministerial duty by a failure to rule, a Relator must show: (1) A Motion was properly filed, leading to a duty to rule, which Motion has been pending for a reasonable time; (2) A ruling has been requested; and (3) There has been a refusal to rule. In re Sarkissian, 243 S.W.3d 860 (Tex. App. – Waco 2008, no pet.), In re Sepeda, 143 S.W.3d 871 (Tex. App. – El Paso 2004, no pet.). Relator easily meets this burden.

Texas law holds that whether a reasonable time has elapsed before a judge may be compelled to act on a Motion is dependent on the circumstances of each case. In re Guetersloh, 326 S.W.2d 737 (Tex. App. – Amarillo 2010, no pet.).

Relators contend a reasonable time has elapsed, as the Motion itself was set for submission six (6) months before this Petition is filed (Appendix #5).

Relators have no adequate remedy at law, as the Motion in question is a post-judgment one that may not be appealed. In re TDFPS, 210 S.W.3d 609, 612 (Tex. 2006), In re Prudential, 148 S.W.3d 124, 135-36 (Tex. 2004).

Although an appellate court may compel a trial court to rule upon a motion, it does not require the judge to rule in a certain way. In re Birdwell, 224 S.W.3d 864 (Tex. App. – Waco 2007 no pet.). All that Relators request is a ruling rather than no ruling. Relators are permitted to conduct post-judgment discovery, per TEX. R. CIV. P. 621a. The Motion to Compel does not present any complex matter.

Relator has demonstrated hereinabove its entitlement to a Writ of Mandamus to compel the performance of a ministerial act or duty. Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992).

PRAYER Relators pray that Respondent be ordered to rule upon the Motion to Compel Deposition Appearance and sign an Order reflecting its ruling.

CERTIFICATION Relators’ undersigned counsel certifies that he has reviewed the foregoing Petition and concluded that every factual statement in the Petition is supported by competent evidence included in the Appendix and Affidavit of Evidence.

Respectfully submitted, By:__/s/ Chris Cammack____________ Christopher M. Cammack State Bar No. 03682100 7324 Southwest Freeway, Suite 1446 Houston, Texas 77074 Ph. 713-960-1921/Fax 713-960-1922 E-mail: [email protected] ATTORNEY FOR RELATORS CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Petition for Writ of Mandamus has been served by certified mail, return receipt requested upon Respondent, Hon. Ursula A. Hall, 165th District Court, 201 Caroline, 12th Floor, Houston, Texas 77002 and Real Party In Interest, KIRBY CONSTRUCTION OF TEXAS, L.L.C. d/b/a UBUILDIT, c/o Registered Agent, Michael Maldonado, 5306 Carefree Drive, League City, Texas 77573 on May 24, 2018.

__/s/ Chris Cammack_________________ Christopher M. Cammack CERTIFICATE OF COMPLIANCE WITH TRAP 9.4(i) I hereby certify that the foregoing Petition for Writ of Mandamus complies with the word count limitation in TRAP 9.4(i). The number of words used is 1,435 according to the computer program that I used to prepare the Petition.

__/s/ Chris Cammack_________ Christopher M. Cammack

AFFIDAVIT OF EVIDENCE IN SUPPORT OF PETITION FOR WRIT OF MANDAMUS STATE OF TEXAS ) COUNTY OF HARRIS BEFORE ME, the undersigned authority, on this day personally appeared Christopher M. Cammack, who after being sworn upon his oath, testified: "My name is Christopher M. Cammack. I am over 1 8 years of age, of sound mind, and am capable of making this Affidavit. The facts contained in this Affidavit are within my personal knowledge and are true and correct.

I am the attorney for Relators. Along with the Petition for Writ of Mandamus to which this Affidavit is attached, I have submitted 10 Appendices, all of which are true and correct copies of items on file with the Harris County, Texas District Clerk's Office in Case No. 2015-70244, in the 165th Judicial District Court of Harris County, Texas. The trial court has at no time ruled upon Relators' Motion to Compel Deposition Appearance of Michael Wayne Maldonado."

Christopher M. Cammack SUBSCRIBED AND SWORN TO BEFORE ME on this 2J\y of , 2018. p. Notary Public - State of Texas APPENDIX Final Judgment App. # 1 Deposition Subpoena, served on witness App. #2 Certificate of Non-Appearance App. #3 Plaintiffs' Motion to Compel Deposition Appearance App. #4 Notice of Submission App. #5 Order Compelling Deposition Appearance App. #6 First Amended Order Compelling Deposition Appearance App. #7 Second Amended Order Compelling Deposition Appearance App. #8 Third Amended Order Compelling Deposition Appearance App. #9 Summary of Events page, District Clerk's Office App. #10

Un of fic ial C op yO ffic e of C hr is Da nie lD ist ric tC ler k Un of fic ial C op yO ffic e of C hr is Da nie lD ist rict C ler k 6/28/2017 3:35 PM Chris Daniel - District Clerk Harris County Envelope No. 17899261 By: Bristalyn Daniels THE STATE OF TEXAS Filed: 6/28/2017 3:35 PM

TO ANY SHERIFF OR CONSTABLE OF THE STATE OF TEXAS OR OTHER PERSON AUTHORIZED TO SERVE SUBPOENAS AS PROVIDED IN RULE 176.5 T.R.C.P. W I T N E S S S U B P O E N A P U R S U A N T T O T . R . C . P . 176 I N C A S E N O . 2015-70244 BRANDON SOCIE and ABRIL SOCIE § IN THE DISTRICT COURT OF § V. § HARRIS COUNTY, TEXAS

k ler § KIRBY CONSTRUCTION OF TEXAS, L.L.C. §

tC dba UBUILDIT § 165 th JUDICIAL DISTRICT

ric ist Y O U A R E H E R E B Y COMMANDED T O SUMMON:

lD Michael Wayne Maldonado, 2216 Waters Edge Lane, League City. Texas 77573 and who is represented to

nie reside within 150 miles of the following location, at the time of deposition in the above-styled lawsuit, to Da appear in the office of Christopher M. Cammack, Attorney at Law, 7324 Southwest Freeway, Suite 1446, is hr Houston, Texas 77074 on July 28,2017 at 10:00 a.m. to testify as a witness on behalf of the Plaintiff in C

the above-styled Civil Action, to attend from day to day until lawfully discharged. The witness is also of e

commanded to bring to the deposition the documents described in Exhibit "A" attached hereto. Failure by ffic

any person without adequate excuse to obey a subpoena served may be deemed a contempt of the Court y O

from which the subpoena is issued and may be punished by fine or confinement, or both. DO NOT FAIL to op C

return this writ to said Court, showing the manner of execution. ial

WITNESS my official signature this 3(0 day of \Jnft£ , A.D., 2017. fic

f)lui^ fyM^u*^ of Un

Christopher M. Cammack State Bar No. 03682100 7324 Southwest Freeway, Suite 1446 Houston, Texas 77074 Off. Ph. 713-960-1921/Fax 713-960-1922 Mobile: 713-870-6883 E-mail: cmcammack(g),pdq.net Attorney for Plaintiff OFFICER'S RETURN Came to hand the day of 2017, at o'clock .M., and executed by delivering a copy of this Subpoena to the within-named person at m County, Texas, on the day of 2017, at o'clock, , M ,

k and tendered to the witness a fee of $ in cash.

ler tC Not executed as to the witness for the following reasons:

ric ist lD A C C E P T A N C E O F S E R V I C E O F SUBPOENA ShenWConstable B Y W I T N E S S P E R R U L E 176.5 T . R . C . P . O R

nie S U B P O E N A B Y W I T N E S S P E R R U L E 176.5 T . C . R . P . County, Texas Da Deputy is OR hr C

By . of

Person who is not a party and is e

not less than 18 years of age. ffic

I hereby accept service of the attached O

Subpoena and will appear in said Court on said date and time directed in this y op

subpoena. C ial fic

Per Rule 176.5 T.R.C.P. WITNESS of Un

FEE: DATE

165th District Court of HARRIS County, Texas 201 CAROLINE, 12TH FL HOUSTON TX 77002 CASE #: 2015-70244 BRANDON SOCIE AND ABRIL SOCIE Plaintiff VS KIRBY CONSTRUCTION OF TEXAS, L.L.C. DBA UBUILDIT

k ler Defendant AFFIDAVIT OF SERVICE

tC I , GERALDINE KELLEY, make s t a t e m e n t t o the fact; That I am a competent person more t h a n 18 years o f age o r o l d e r and n o t a p a r t y t o

ric t h i s a c t i o n , n o r i n t e r e s t e d i n outcome o f t h e s u i t . That I r e c e i v e d the: documents s t a t e d below on 06/22/17 8:08 am, i n s t r u c t i n g f o r same t o be d e l i v e r e d upon Malfcionado M i c h a e l

ist Wayne.

lD That I d e l i v e r e d t o Maldonado, M i c h a e l Wayne.

nie the following WITNESS SUBPOENA a t t h i s address 5306 Care Free D r i v e

Da LEAGUE CITY, G a l v e s t o n County, TX 77573 is Manner o f D e l i v e r y By PERSONALLY d e l i v e r i n g t h e document(s) t o t h eperson above. hr Delivered on •Saturday June 24, 2017 1:14 pm C of e ffic O py

I SOLEMNLY AFFIRM under t h e p e n a l t i e s o f ^ p e r j u r y t h a t t h e c o n t e n t s of^ e foregoing paper a r e t r u e and c o r r e c t . o

EXECUTED BY: C

GERALDINE KE ial

Texas C e r t i f i c a t i o n * : SCH-727 Exp. 02 ^2019 fic

On t h i s day GERALDINE KELLEY appeared b e f o r e me, a n o t a r y p u b l i c , and be i n g d u l y sworn by me s t a t e d t h a t he/she has p e r s o n a l knowledge o f t h e f a c t s s e t f orth i n the of

f o r e g o i n g a f f i d a v i t and d e c l a r e d t h a t t h e f a c t s c o n t a i n e d t h e r e i n a r e t i ue and correct. Given my hand and s e a l o f o f f i c e t h i s ^(p day o f JO Oil.

PCP I n v # : A17603830 *-»ff ?f •*MHEERWL AMAN^^gg? ""ft'RymnBEic ^e^eNis + S e r v i c e Fee: 100.00 Witness Fee: 10.00 M i l e a g e Fee: .00 E - F I L E RETURN davidh Cammack, C h r i s t o p h e r M.

OFFICER'S RETURN Came to hand the ^ 5 day o f ^ J ^ / A ^ ^ , 2 0 1 7 , at o'clock A . VI., and executed by /H/lA-l)ofiJAE)C> delivering a copy of this Subpoena to the within-named /yttCMfliB^ U J A y person at S~3oi)2 Gfc<ue-P0j£e~ 'Ibti^^/j^A^af^ (Zjry in &ALt//£$ro+J County, Texas, on the ^ < / d a y of ^T^U /u£. 2 0 1 7 , at / / ^ o'clock, / p .M.,

k ler and tendered to the witness a fee of OO in cash.

tC Not executed as to the witness for the following reasons:

ric ist lD ACCEPTANCE OF SERVICE OF SUBPOENA _SheriflPConstable

nie BY WITNESS PER RULE 176.5 T.R.C.P. OR SUBPOENA BY WITNESS PER RULE 176.5 T.C.R.P. _County, Texas Da Deputy is hr C of

*erson who isnot a party and isy e

not less than 8 years of age. ffic

I hereby accept service of the attached yO

Subpoena and will appear in said Court on said date and time directed in thi op

subpoena. C ial fic

Per Rule 176 5 T.R.C.P. WITNESS of Un

G/z4/z*n FEE:

' / S A T E T

8/2/2017 3:23 PM Chris Daniel - District Clerk Harris County Envelope No. 18597374 By: Bristalyn Daniels Filed: 8/2/2017 3:23 PM 1 CAUSE NO . 2015-70244 BRANDON SOCIE and IN THE DISTRICT COURT ABRIL SOCIE

4 V. HARRIS COUNTY,TEXAS

k ler tC KIRBY CONSTRUCTION OF TEXAS

ric LLC, d/b/a UBUILDIT and

ist TIMBER RIDGE CUSTOM HOMES ,

lD LLC 165th JUDICIAL DISTRICT

nie 8 Da is hr C

11 CERTIFICATE OF NONAPPEARANCE OF of

12 MICHAEL WAYNE MALDONADO e ffic

13 Jul y 28, 2 017 y O

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fic of

J an i ce McKinney Cour t Repo r t i ng Service 7 1 3 - 528 - 5809 A P P E A R A N C E S 3 FOR THE PLAINTIFF: MR. CHRISTOPHER M. CAMMACK Attorney At Law 5 7324 Southwest Freeway

k ler Suite 1446

tC 6 Houston, Texas 77074

ric (713) 960-1921

ist 7 (713) 960-1922 fax

lD [email protected]

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Janice McKinney Court Reporting Service 713 - 528 - 5809 1 CERTIFICATE OF NONAPPEARANCE 2 I , Brenda A . Foster , a Certified Shorthand Reporter in and for the State of Texas , certify: 4 That I appeared at the law offices of Mr . Christopher M. Cammack , 7324 Southwest Freeway,

k ler Suite 1446, Houston , Texas 77074 , on the 28th day of

tC July , 2017 , to report the deposition of

ric MR . MICHAEL WAYNE MALDONADO pursuant to the Notice and

ist lD Subpoena Duces Tecum , scheduled for 10 a.m .

nie 10 That by 10 : 30 a . m., MR. MICHAEL WAYNE 11 Da MALDONADO had not appeared for his deposition . Present is for the deposition was : hr

Mr . Chrstopher M. Cammack, Counsel for the C

14 Plaintiff. e ffic

15 A statement was made by Mr. Cammack on the yO

16 record , as follows : " It is Friday , July 28th, 2017, and the court reporter and I are seated in the op

18 conference room at 7324 Southwest Freeway, Suite 1446, ial

19 Houston , Texas 77074 . The time is 10:35 a . m. and fic of

20 Michael Wayne Maldonado's deposition was scheduled for Un

21 10:00 a . m. Mr. Maldonado is not present.

22 Mr. Maldonado was served with a deposition subpoena on June 24th , 2017 , at 1:14 p . m. by a professional process service at the address of 5306 Carefree Drive, League City , Texas 77573. I am asking Janice McKinney Court Reporting Service 713 - 528 - 5809 the court reporter to execute a certificate of nonappearance and attach to it as Exhibit MWM 1 a copy of the deposition subpoena served upon Mr. Maldonado.

4 I also wish to incorporate on the record that I telephoned Mr. Maldonado and spoke with him person to person on July 27th, 2017 by calling his cell phone

k ler number of (830) 992 -9466. Mr . Maldonado and I had a

tC cordial telephone conversation, when he indicated that

ric he would be present at today's deposition. However,

ist inasmuch as it is now 10:36 a.m. on July 28th and

lD Mr. Maldonado is still not present, I will now complete

nie this certificate of nonappearance." 13 Da I further certify that I am neither employed is nor related to any attorney or party in this matter and hr have no interest, financial or otherwise, in its C

16 outcome . of

17 Given under my hand and seal of office on this the e ffic

18 2nd day of August, 2017 . yO

op C

21 Brenda A. Foster, CSR #2470 ial

Expiration 12/31/2018 fic of

Janice McKinney Court Reporting Service 162 6 Park Street Houston, TX 77019 713-528-5809 Firm Registration No. 293

Janice McKinney Court Reporting Service 713 - 528 - 5809 11/15/2017 1:23 PM Chris Daniel - District Clerk Harris County Envelope No. 20735702 By: Bristalyn Daniels Filed: 11/15/2017 1:23 PM NO. 2015-70244 BRANDON SOCIE and ABRIL SOCIE § IN THIE DISTRICT COURT OF § V- § HARRIS COUNTY, TEXAS § KIRBY CONSTRUCTION OF TEXAS, L.L.C.§ d/b/aUBUILDIT § 165TH JUDICIAL DISTRICT

k PLAINTIFF'S MOTION TO COMPEL

ler DEPOSITION APPEARANCE

tC TO THE HONORABLE JUDGE OF SAID COURT:

ric COMES NOW, BRANDON SOCIE and ABRIL SOCIE, Pla ntiff in the above-styled cause,

ist lD who moves for an Order requiring Defendant, MICHAEL WAYNE 4ALDONADO, to Appear at a

nie Deposition in the above-styled cause, showing unto the Court as fo lows: 1.

Da On or about June 24, 2017, Plaintiff served upon De fendant, MICHAEL WAYNE is hr MALDONADO, with a Deposition Subpoena, commanding him to ppear for deposition and bring C

documents, on July 28, 2017. A true and correct copy of the depositi an subpoena is attached hereto of e

as Exhibit "A". ffic

2. Defendant did not appear for the June 28, 2017 depc 'sition. A Certificate of Non- y O

Appearance was executed, a true and correct copy of which is attac ed as Exhibit "B". op C

3. The information that would be elicited from deposit on questions and documents ial

subpoena'd is essential to Plaintiff s evaluation of Defendant's abi ity to pay the Judgment entered fic of

against it in the above-styled cause.

4. WHEREFORE, PREMISES CONSIDERED, Plainlkff prays that upon hearing of this Motion, the Court enter an Order compelling Defendant, MICHAEL WAYNE MALDONADO, to appear at a post-judgment deposition.

Respectfully subm tted,

By:.

Christopher M Cammack State Bar No. ( 3682100 7324 Southwesjt Freeway, Suite 1446 Houston, Texa: 77074 Ph.713-960-1 61/Fax 713-960-1922

k E-mail: cmc(5 ammack-law.com

ler tC ATTORNEY FOR PLAINTIFF

ric i CERTIFICATE OF CONFERENC t

ist I hereby certify that I have made efforts to resolve the for going discovery dispute with

lD MICHAEL WAYNE MALDONADO. I telephoned Mr. Maldonado < bout his deposition appearance

nie Da the day before it was to occur. Mr. Maldonado assured me that he would appear, but he did not is appear. No objection was raised by him as to the date, time or place, Thus my efforts to avoid filing hr C

a Motion to Compel Deposition Appearance failed. of e ffic

Christopher M. C; mmack y O op C ial fic of Un CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the bregoing Motion to Compel Deposition Appearance has been mailed by certified mail, return receipt requested and first class U.S. mail to Defendant, MICHAEL WAYNE MALDONADO, 5306 Carefree Drive, League City, Texas 77537 on , 2017.

k ler tC Dim

ric Christopher M. Ca nmack

ist lD nie Da is hr C of e ffic yO op C ial fic of Un 11/15/20171:23:40PM ChrisDaniel-DistrictClerk HarrisCounty EnvelopeNo:20735702 By:DANIELS,BRISTALYND Filed:11/15/20171:23:40PM NO. 2015-70244 BRANDON SOCIE and ABRIL SOCIE § IN THE DISTRICT COURT OF § V. § HARR COUNTY, TEXAS § KIRBY CONSTRUCTION OF TEXAS, L.L.C.§ d/b/aUBUILDIT § 165 TH JUDICIAL DISTRICT

k ler NOTICE OF SUBMISSION

tC TO THE HONORABLE JUDGE OF SAID COURT:

ric ist PLEASE TAKE NOTICE that on November 27, 2017 at 8:C 0 a.m., Plaintiffs Motion to

lD Compel Deposition Appearance will be submitted to the Honorab Judge of the 165th Judicial

nie District Court of Harris County, Texas for a ruling, without the nece sity of an oral hearing, Da Respectfully su mitted, is hr _/s/Chris Car mack C

Christopher M Cammack State Bar No. C 3682100 of

7324 Southwes Freeway, Suite 1446 e

Houston, Texas 77074 ffic

Telephone: 71 -960-1921 Telecopier: 71 5-960-1922 O

E-mail: cmc@ ;ammack-law.com y op

ATTORNEY F )R PLAINTIFF , C

CERTIFICATE OF SERVICE ial fic

I certify a copy of the foregoing Notice of Submission has een served by certified mail, of

return receipt requested and first class U.S. mail upon Michael Wayne Maldonado, 5306 Un

Carefree Drive, League City, Texas 77537 on Al0\/em(/er ,2017.

__/s/ Chris Camrr, ack Christopher M. Cammack 11/15/20171:23:40PM ChrisDaniel-DistrictClerk HarrisCounty EnvelopeNo:20735702 By:DANIELS,BRISTALYND Filed:11/15/20171:23:40PM NO. 2015-70244 BRANDON SOCIE and ABRIL SOCIE § IN 'HE DISTRICT COURT OF § V. § HAFJUS COUNTY, TEXAS KIRBY CONSTRUCTION OF TEXAS, L.L.C.§ d/b/aUBUILDIT § 165 TH JUDICIAL DISTRICT

k ler ORDER COMPELLING DEPOSITION AP EARANCE

tC On this day, came on for submission Plaintiffs Motion :o Compel Appearance against

ric Defendant, MICHAEL WAYNE MALDONADO. The Court, up^n reviewing Plaintiffs Motion

ist lD and after considering its grounds, finds that the Motion is well tak :n and should be granted,

nie IT IS THEREFORE ORDERED that Plaintiffs Motion to ompel Deposition Appearance Da is granted and that Defendant, MICHAEL WAYNE MALDONApO shall appear in the office of is hr Plaintiffs counsel, Christopher M. Cammack, at 7324 Southwest Freeway, Suite 1446, Houston, C

Texas 77074, and give deposition testimony on December 14, 2017 at 10:00 a.m., as well as of e

produce all documents described on Exhibit "A" attached hereto tc Plaintiffs counsel on or before ffic

the same date and time. O y

SIGNED on this day of _, 2017. op C ial

JUDGE PRESIDING fic

APPROVED AS TO FORM: of Un

Christopher M. Cammack State Bar No. 03682100 7324 Southwest Freeway, Suite 1446 Houston, Texas 77074 Ph. 713-960-1921/Fax713-960-1922 E-mail: [email protected] ATTORNEY FOR PLAINTIFF CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of foregoing Order Compelling Deposition Appearance has been mailed by certified mail, return receipt requested and first class U.S. mail upon MICHAEL WAYNE MALDONADO, 5306 Carefree Drive, League City, Texas

k 77537 on Moyeinll<r- \ ,2017.

ler tC ric ist lD Christopher M. "ammack

nie Da is hr C of e ffic y O op C ial fic of Un EXHIBIT "A": SUBPOENA DUCES TECUM

Federal income tax returns of KIRBY CONSTRUCT ON OF TEXAS, L.L.C. and of TIMBER RIDGE CUSTOM HOMES, L.L.C. for the yeks 2013 ,2014,2015 and 2016; The general ledger of KIRBY CONSTRUCTION OF TEXAS, L.L.C. and of TIMBER RIDGE CUSTOM HOMES, L.L.C. for the years 2014,2015, 2016 and 2017;

k ler Copies of any deeds and deeds of trust or other instruntients evidencing an interest in

tC real property of KIRBY CONSTRUCTION OF TEXAS L.L.C. and of TIMBER RIDGE CUSTOM HOMES, L.L.C. including but not lijnited to any oil and gas leases,

ric farmout agreements, or rights to receive royalties;

ist lD Copies of certificates of title and current license rec eipts to any mobile homes,

nie vehicles and/or motor vehicles, including but not lin ited to any boats, cars, vans, forklifts and/or trucks owned by of KIRBY CONSTRU :TION OF TEXAS, L.L.C. and Da of TIMBER RIDGE CUSTOM HOMES, L.L.C. durin; ;2014, 2015,2016 and 2017; is Copies of all documents evidencing any transfers of bbth real and personal property hr

by KIRBY CONSTRUCTION OF TEXAS, L.L.C. and >f TIMBER RIDGE CUSTOM C

HOMES, L.L.C. during 2014,2015,2016 and 2017, iincluding but not limited to bills of of

sales, copies of checks received, cash receipts, pui chase/sale agreements, deeds e

conveyed, and/or title transferred; ffic O

6. All documents evidencing ownership or interest in p ersonal property valued over $250.00, including any certificates of title or purchase receipts to said property; y op C

7. All business records, balance sheets, inventory lists, in ome statements, and financial statements of KIRBY CONSTRUCTION OF TEXAS, ..L.C. and of TIMBER RIDGE ial

CUSTOM HOMES, L.L.C. during 2014, 2015, 2016 arid 2017; fic of

8. List of all security agreements to which KIRBY C ONSTRUCTION OF TEXAS, Un

L.L.C. and TIMBER RIDGE CUSTOM HOMES, L.L.C . has been a party covering all the months in 2014, 2015, 2016 and 2017; 9. The most recently enacted Company Agreement of KIRBY CONSTRUCTION OF TEXAS, L.L.C. and of TIMBER RIDGE CUSTOM HOMES, L.L.C. and all Exhibits, Amendments, and Supplements thereto; 10. Copy of all documents showing a right to payrr ent, accounts receivable, or representing a debt owed to KIRBY CONSTRUCT ON OF TEXAS, L.L.C. and to TIMBER RIDGE CUSTOM HOMES, L.L.C. covering all the months in 2014, 2015, 2016 and 2017; 11. Copy of all certificates of deposit, stocks, stock certificates, government bonds, securities or other negotiable instruments held, pi dged, or owned by KIRBY CONSTRUCTION OF TEXAS, L.L.C. and of TIMBER RIDGE CUSTOM HOMES, L.L.C. or in which it has an interest, including, but not imited to, an equitable interest;

k ler tC 12. Any booklets and current statements of account in any stock options or retirement, pension, profit-sharing, employee stock ownership, K sogh, or individual retirement

ric plans in which KIRBY CONSTRUCTION OF TEXAS , L.L.C. and TIMBER RIDGE

ist CUSTOM HOMES, L.L.C. claims an interest;

lD 13. Copies of all civil Judgments against KIRBY CONSTRUCTION OF TEXAS, L.L.C.

nie and TIMBER RIDGE CUSTOM HOMES, L.L.C. whi h remain unpaid covering the last 10 years; Da is 14. Any certificates of stock or brokerage house statemen s evidencing any ownership of hr any securities in which KIRBY CONSTRUCTION O TEXAS, L.L.C. and TIMBER C

RIDGE CUSTOM HOMES, L.L.C. now claims or hav claimed an interest during the past two (2) years; of e ffic

15. All contracts executed between KIRBY CONSTRU" TION OF TEXAS, L.L.C. and TIMBER RIDGE CUSTOM HOMES, L.L.C. and any other party that would reflect O

revenue currently being earned by KIRBY CONST] AUCTION OF TEXAS, L.L.C. y

and TIMBER RIDGE CUSTOM HOMES, L.L.C. duri g the year 2017; op C

16. Any rights of KIRBY CONSTRUCTION OF TEXAS , L.L.C. and TIMBER RIDGE ial

CUSTOM HOMES, L.L.C. to purchase stock in an) corporation, including stock fic

certificates relating to any stock option, stock, bonus, < r employee stock ownership or purchase plan, past or present; of Un

17. All documents evidencing any ownership interest of GRBY CONSTRUCTION OF TEXAS, L.L.C. and of TIMBER RIDGE CUSTOM H )MES, L.L.C. in any patent or copyright; 18. Any lease involving KIRBY CONSTRUCTION OF TEXAS, L.L.C. and TIMBER RIDGE CUSTOM HOMES, L.L.C. whether lessor or le see, in any realty or personalty; 19. All checking account and savings account statements of any kind, together with all cancelled checks for any type of bank account which KIRBY CONSTRUCTION OF TEXAS, L.L.C. and TIMBER RIDGE CUSTOM HOMES, L.L.C. has access to in any capacity, covering all months in 2016 and 2017; 20. All minutes of meetings of the members and/or managers of KIRBY CONSTRUCTION OF TEXAS, L.L.C. and TIMBER RIDGE CUSTOM HOMES, L.L.C. and resolutions made, covering 2014, 2015, 2016 and 2017;

k ler 21. All inventories of equipment, machinery, raw m a t e r i a l s , furniture and

tC fixtures of KIRBY CONSTRUCTION OF TEXAS* L.L.C. and TIMBER RIDGE CUSTOM HOMES, L.L.C. covering all of 2014, 2015,2016 and 2017;

ric ist 22. All payroll records and member/manager compensation records of KIRBY

lD CONSTRUCTION OF TEXAS, L.L.C. and TIMBER RIDGE CUSTOM HOMES,

nie L.L.C. covering all of 2014, 2015,2016 and 2017; 23. Da All documents evidencing any bulk transfer of assets from KIRBY CONSTRUCTION OF TEXAS, L.L.C. to TIMBERj RIDGE CUSTOM HOMES, is L.L.C. and consideration paid for such bulk transfer. hr C of e ffic y O op C ial fic of Un 12/20/20173:54:09PM ChrisDaniel-DistrictClerk HarrisCounty EnvelopeNo:21416837 By:DANIELS,BRISTALYND Filed:12/20/20173:54:09PM CHRISTOPHER M. CAM MACK Attorney at Law Mobile: 713-870-6883 7324 Southwest Freeway, Suite 1446 Phone: 713-960-1921 E-mail: [email protected] HOUStOH, TeX3S 77074 Fax: 713-960-1922

December 20, 20 17

k Clerks, 165th District Court

ler Via Tex File, E-Filing

tC Re: Case No. 2015-70244; Socie v. Kirby Construction Et Al.

ric ist Dear Madam:

lD With this letter, I am e-filing a First Amended Order Compelling Deposition Appearance.

nie This Order pertains to Plaintiffs Motion to Compel Deposition Appearance of Michael Wayne Maldonado filed on November 17, 2017 in the above-styled cause, which had been set on the November 27, 2017 submission docket. Da is The initial Order submitted with the above-described Motion contained a deposition date that hr has now passed. Hence, the First Amended Order now being filed has a deposition date in it of C

January 19, 2017. I am hopeful the court may rule on the Motion before the end of this month. of

As always, thank you for your courtesy and assistance. e ffic

Very truly yours, O y

Christopher M. Cammack op

Attorney for Plaintiff/Judgment Creditor C

CMC/st ial

Enclosure xc: Michael Wayne Maldonado fic

Via CM # 7017 1070 0000 9559 1594 of

Via RR # 9590 9402 3028 7124 0433 83 Un 12/20/2017 3:54 PM Chris Daniel - District Clerk Harris County Envelope No. 21416837 By: Bristalyn Daniels Filed: 12/20/2017 3:54 PM NO. 2015-70244 BRANDON SOCIE and ABRIL SOCIE § IN THE DISTRICT COURT OF § V. § HARRIS COUNTY, TEXAS § KIRBY CONSTRUCTION OF TEXAS, L.L.C.§ d/b/aUBUILDIT § 165™ JUDICIAL DISTRICT

k ler FIRST AMENDED ORDER COMPELLING DEPOSITION APPEARANCE

tC On this day, came on for submission Plaintiffs Motion to Compel Appearance against

ric Defendant, MICHAEL WAYNE MALDONADO. The Court, upon reviewing Plaintiffs Motion

ist lD and after considering its grounds, finds that the Motion is well taken and should be granted.

nie IT IS THEREFORE ORDERED that Plaintiffs Motion to Compel Deposition Appearance Da is granted and that Defendant, MICHAEL WAYNE MALDONADO shall appear in the office of is Plaintiffs counsel, Christopher M. Cammack, at 7324 Southwest Freeway, Suite 1446, Houston, hr C

Texas 77074, and give deposition testimony on January 19,2018 at 10:00 a.m., as well as produce of e

all documents described on Exhibit "A" attached hereto to Plaintiffs counsel on or before the same ffic

date and time. y O

SIGNED on this day of , 2017. op C ial

JUDGE PRESIDING fic

APPROVED AS TO FORM: of Un

Christopher M. Cammack State Bar No. 03682100 7324 Southwest Freeway, Suite 1446 Houston, Texas 77074 Ph. 713-960-1921/Fax713-960-1922 E-mail: [email protected] ATTORNEY FOR PLAINTIFF CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the foregoing Order Compelling Deposition Appearance has been mailed by certified mail, return receipt requested and first class U.S. mail upon MICHAEL WAYNE MALDONADO, 5306 Carefree Drive, League City, Texas

k 77537 on JjgcewW 20 ,2017.

ler tC ric ist lD Christopher M. Cammack

nie Da is hr C of e ffic y O op C ial fic of Un EXHIBIT "A": SUBPOENA DUCES TECUM

1. Federal income tax returns of KIRBY CONSTRUCTION OF TEXAS, L.L.C. and of TIMBER RIDGE CUSTOM HOMES, L.L.C. for the years 2013,2014,2015 and 2016; 2. The general ledger of KIRBY CONSTRUCTION OF TEXAS, L.L.C. and of TIMBER RIDGE CUSTOM HOMES, L.L.C. for the years 2014,2015, 2016 and 2017;

k ler 3. Copies of any deeds and deeds of trust or other instruments evidencing an interest in

tC real property of KIRBY CONSTRUCTION OF TEXAS, L.L.C. and of TIMBER

ric RIDGE CUSTOM HOMES, L.L.C. including but not limited to any oil and gas leases, farmout agreements, or rights to receive royalties;

ist lD 4. Copies of certificates of title and current license receipts to any mobile homes,

nie vehicles and/or motor vehicles, including but not limited to any boats, cars, vans, forklifts and/or trucks owned by of KIRBY CONSTRUCTION OF TEXAS, L.L.C. and Da of TIMBER RIDGE CUSTOM HOMES, L.L.C. during 2014,2015, 2016 and 2017; is hr 5. Copies of all documents evidencing any transfers of both real and personal property by KIRBY CONSTRUCTION OF TEXAS, L.L.C. and of TIMBER RIDGE CUSTOM C

HOMES, L.L.C. during 2014,2015,2016 and 2017, including but not limited to bills of of

sales, copies of checks received, cash receipts, purchase/sale agreements, deeds e

conveyed, and/or title transferred; ffic O

6. All documents evidencing ownership or interest in personal property valued over $250.00, including any certificates of title or purchase receipts to said property; y op C

7. All business records, balance sheets, inventory lists, income statements, and financial statements of KIRBY CONSTRUCTION OF TEXAS, L.L.C. and of TIMBER RIDGE ial

CUSTOM HOMES, L.L.C. during 2014, 2015,2016 and 2017; fic of

8. List of all security agreements to which KIRBY CONSTRUCTION OF TEXAS, Un

L.L.C. and TIMBER RIDGE CUSTOM HOMES, L.L.C. has been a party covering all the months in 2014, 2015, 2016 and 2017; 9. The most recently enacted Company Agreement of KIRBY CONSTRUCTION OF TEXAS, L.L.C. and of TIMBER RIDGE CUSTOM HOMES, L.L.C. and all Exhibits, Amendments, and Supplements thereto; 10. Copy of all documents showing a right to payment, accounts receivable, or representing a debt owed to KIRBY CONSTRUCTION OF TEXAS, L.L.C. and to TIMBER RIDGE CUSTOM HOMES, L.L.C. covering all the months in 2014, 2015, 2016 and 2017; 11. Copy of all certificates of deposit, stocks, stock certificates, government bonds, securities or other negotiable instruments held, pledged, or owned by KIRBY CONSTRUCTION OF TEXAS, L.L.C. and of TIMBER RIDGE CUSTOM HOMES, L.L.C. or in which it has an interest, including, but not limited to, an equitable interest;

k ler tC 12. Any booklets and current statements of account in any stock options or retirement, pension, profit-sharing, employee stock ownership, Keogh, or individual retirement

ric plans in which KIRBY CONSTRUCTION OF TEXAS, L.L.C. and TIMBER RIDGE

ist CUSTOM HOMES, L.L.C. claims an interest;

lD 13. Copies of all civil Judgments against KIRBY CONSTRUCTION OF TEXAS, L.L.C.

nie and TIMBER RIDGE CUSTOM HOMES, L.L.C. which remain unpaid covering the last 10 years; Da is 14. Any certificates of stock or brokerage house statements evidencing any ownership of hr any securities in which KIRBY CONSTRUCTION OF TEXAS, L.L.C. and TIMBER C

RIDGE CUSTOM HOMES, L.L.C. now claims or have claimed an interest during the past two (2) years; of e ffic

15. All contracts executed between KIRBY CONSTRUCTION OF TEXAS, L.L.C. and TIMBER RIDGE CUSTOM HOMES, L.L.C. and any other party that would reflect O

revenue currently being earned by KIRBY CONSTRUCTION OF TEXAS, L.L.C. y

and TIMBER RIDGE CUSTOM HOMES, L.L.C. during the year 2017; op C

16. Any rights of KIRBY CONSTRUCTION OF TEXAS, L.L.C. and TIMBER RIDGE ial

CUSTOM HOMES, L.L.C. to purchase stock in any corporation, including stock fic

certificates relating to any stock option, stock, bonus, or employee stock ownership or purchase plan, past or present; of Un

17. All documents evidencing any ownership interest of KIRBY CONSTRUCTION OF TEXAS, L.L.C. and of TIMBER RIDGE CUSTOM HOMES, L.L.C. in any patent or copyright; 18. Any lease involving KIRBY CONSTRUCTION OF TEXAS, L.L.C. and TIMBER RIDGE CUSTOM HOMES, L.L.C. whether lessor or lessee, in any realty or personalty; 19. All checking account and savings account statements of any kind, together with all cancelled checks for any type of bank account which KIRBY CONSTRUCTION OF TEXAS, L.L.C. and TIMBER RIDGE CUSTOM HOMES, L.L.C. has access to in any capacity, covering all months in 2016 and 2017; 20. All minutes of meetings of the members and/or managers of KIRBY CONSTRUCTION OF TEXAS, L.L.C. and TIMBER RIDGE CUSTOM HOMES, L.L.C. and resolutions made, covering 2014, 2015,2016 and 2017;

k ler 21. All inventories of equipment, machinery, raw m a t e r i a l s , furniture and

tC fixtures of KIRBY CONSTRUCTION OF TEXAS, L.L.C. and TIMBER RIDGE CUSTOM HOMES, L.L.C. covering all of 2014,2015, 2016 and 2017;

ric ist 22. All payroll records and member/manager compensation records of KIRBY

lD CONSTRUCTION OF TEXAS, L.L.C. and TIMBER RIDGE CUSTOM HOMES,

nie L.L.C. covering all of 2014,2015,2016 and 2017; 23. Da All documents evidencing any bulk transfer of assets from KIRBY CONSTRUCTION OF TEXAS, L.L.C. to TIMBER RIDGE CUSTOM HOMES, is L.L.C. and consideration paid for such bulk transfer. hr C of e ffic yO op C ial fic of Un 1/29/20186:35:15PM ChrisDaniel-DistrictClerk HarrisCounty EnvelopeNo:22146852 By:DANIELS,BRISTALYND Filed:1/29/20186:35:15PM CHRISTOPHER M. CAM MACK Attorney at Law Mobile: 713-870-6883 7324 Southwest Freeway, Suite 1446 Phone: 713-960-1921 E-mail: [email protected] HOUStOH, TeX3S 77074 Fax: 713-960-1922

January 29, 20 18

k Clerks, 1 65th District Court

ler Via Tex File, E-Filing

tC Re: Case No. 2015-70244; Socie v. Kirby Construction Et Al.

ric Dear Madam:

ist lD With this letter, I am e-filing a Second Amended Order Compelling Deposition Appearance.

This Order pertains to Plaintiffs Motion to Compel Deposition Appearance of Michael Wayne

nie Maldonado filed on November 17, 2017 in the above-styled cause, which had been set on the November 27, 2017 submission docket. Da is The initial Order, and First Amended Order, submitted with the above-described Motion each hr contained a deposition date that has now passed. Hence, the Second Amended Order now being filed has a deposition date in it of February 16, 2018. I am hopeful the court may rule on the C

Motion before the end of this business week. of e

As always, thank you for your courtesy and assistance. ffic

Very truly yours, O y op

Christopher M. Cammack C

Attorney for Plaintiff/Judgment Creditor CMC/st ial

Enclosure fic

xc: Michael Wayne Maldonado of

Via CM # 7017 1070 0000 9559 1693 Un

Via RR # 9590 9402 3028 7124 0433 45 1/29/2018 6:35 PM Chris Daniel - District Clerk Harris County Envelope No. 22146852 By: Bristalyn Daniels Filed: 1/29/2018 6:35 PM NO. 2015-70244 BRANDON SOCIE and ABRIL SOCIE § IN THE DISTRICT COURT OF § V. § HARRIS COUNTY, TEXAS § KIRBY CONSTRUCTION OF TEXAS, § L . L . C . d/b/a U B U I L D I T § 165th JUDICIAL DISTRICT

k ler tC SECOND AMENDED ORDER COMPELLING DEPOSITION APPEARANCE

ric On this day, came on for submission Plaintiff s Motion to Compel Appearance against

ist Defendant, MICHAEL WAYNE MALDONADO. The Court, upon reviewing Plaintiff s Motion

lD and after considering its grounds, finds that the Motion is well taken and should be granted.

nie Da IT IS THEREFORE ORDERED that Plaintiff s Motion to Compel Deposition Appearance is is granted and that Defendant, MICHAEL WAYNE MALDONADO shall appear in the office of hr C

Plaintiff s counsel, Christopher M. Cammack, at 7324 Southwest Freeway, Suite 1446, Houston, of

Texas 77074, and give deposition testimony on February 16, 2018 at 10:00 a.m., as well as produce e ffic

all documents described on Exhibit "A" attached hereto to Plaintiff s counsel on or before the same O

date and time. y op

SIGNED on this _day of_ _,2017. C ial fic

JUDGE PRESIDING of

APPROVED AS TO FORM: Un

1. Federal income tax returns of KIRBY CONSTRUCTION OF TEXAS, L.L.C. and of TIMBER RIDGE CUSTOM HOMES, L.L.C. for the years 2014, 2015, 2016 and 2017; 2. The general ledger of KIRBY CONSTRUCTION OF TEXAS, L.L.C. and of TIMBER RIDGE CUSTOM HOMES, L.L.C. for the years 2015, 2016, 2017 and 2018;

k ler 3. Copies of any deeds and deeds of trust or other instruments evidencing an interest in

tC real property of KIRBY CONSTRUCTION OF TEXAS, L.L.C. and of TIMBER

ric RIDGE CUSTOM HOMES, L.L.C. including but not limited to any oil and gas leases, farmout agreements, or rights to receive royalties;

ist lD 4. Copies of certificates of title and current license receipts to any mobile homes,

nie vehicles and/or motor vehicles, including but not limited to any boats, cars, vans, forklifts and/or trucks owned by of KIRBY CONSTRUCTION OF TEXAS, L.L.C. and Da of TIMBER RIDGE CUSTOM HOMES, L.L.C. during 2015, 2016, 2017 and 2018; is hr 5. Copies of all documents evidencing any transfers of both real and personal property by KIRBY CONSTRUCTION OF TEXAS, L.L.C. and of TIMBER RIDGE CUSTOM C

HOMES, L.L.C. during 2015, 2016, 2017 and 2018, including but not limited to bills of of

sales, copies of checks received, cash receipts, purchase/sale agreements, deeds e

conveyed, and/or title transferred; ffic O

6. All documents evidencing ownership or interest in personal property valued over $250.00, including any certificates of title or purchase receipts to said property; y op C

7. All business records, balance sheets, inventory lists, income statements, and financial statements of KIRBY CONSTRUCTION OF TEXAS, L.L.C. and of TIMBER RIDGE ial

CUSTOM HOMES, L.L.C. during 2015, 2016, 2017 and 2018; fic of

8. List of all security agreements to which KIRBY CONSTRUCTION OF TEXAS, Un

L.L.C. and TIMBER RIDGE CUSTOM HOMES, L.L.C. has been a party covering all the months in 2015, 2016, 2017 and 2018; 9. The most recently enacted Company Agreement of KIRBY CONSTRUCTION OF TEXAS, L.L.C. and of TIMBER RIDGE CUSTOM HOMES, L.L.C. and all Exhibits, Amendments, and Supplements thereto; 10. Copy of all documents showing a right to payment, accounts receivable, or representing a debt owed to KIRBY CONSTRUCTION OF TEXAS, L.L.C. and to TIMBER RIDGE CUSTOM HOMES, L.L.C. covering all the months in 2015, 2016, 2017 and 2018;

11. Copy of all certificates of deposit, stocks, stock certificates, government bonds, securities or other negotiable instruments held, pledged, or owned by KIRBY CONSTRUCTION OF TEXAS, L.L.C. and of TIMBER RIDGE CUSTOM HOMES, L.L.C. or in which it has an interest, including, but not limited to, an equitable interest;

k ler tC 12. Any booklets and current statements of account in any stock options or retirement, pension, profit-sharing, employee stock ownership, Keogh, or individual retirement

ric plans in which KIRBY CONSTRUCTION OF TEXAS, L.L.C. and TIMBER RIDGE

ist CUSTOM HOMES, L.L.C. claims an interest;

lD 13. Copies of all civil Judgments against KIRBY CONSTRUCTION OF TEXAS, L.L.C.

RIDGE CUSTOM HOMES, L.L.C. now claims or have claimed an interest during the of

past two (2) years; e ffic

15. All contracts executed between KIRBY CONSTRUCTION OF TEXAS, L.L.C. and TIMBER RIDGE CUSTOM HOMES, L.L.C. and any other party that would reflect O

revenue currently being earned by KIRBY CONSTRUCTION OF TEXAS, L.L.C. y

and TIMBER RIDGE CUSTOM HOMES, L.L.C. during the year 2018; op C

16. Any rights of KIRBY CONSTRUCTION OF TEXAS, L.L.C. and TIMBER RIDGE ial

CUSTOM HOMES, L.L.C. to purchase stock in any corporation, including stock fic

certificates relating to any stock option, stock, bonus, or employee stock ownership or purchase plan, past or present; of Un

17. All documents evidencing any ownership interest of KIRBY CONSTRUCTION OF TEXAS, L.L.C. and of TIMBER RIDGE CUSTOM HOMES, L.L.C. in any patent or copyright; 18. Any lease involving KIRBY CONSTRUCTION OF TEXAS, L.L.C. and TIMBER RIDGE CUSTOM HOMES, L.L.C. whether lessor or lessee, in any realty or personalty; 19. All checking account and savings account statements of any kind, together with all cancelled checks for any type of bank account which KIRBY CONSTRUCTION OF TEXAS, L.L.C. and TIMBER RIDGE CUSTOM HOMES, L.L.C. has access to in any capacity, covering all months in 2017 and 2018; 20. All minutes of meetings of the members and/or managers of KIRBY CONSTRUCTION OF TEXAS, L.L.C. and TIMBER RIDGE CUSTOM HOMES, L.L.C. and resolutions made, covering2015,2016,2017and2018;

k ler 21. All inventories of equipment, machinery, r a w m a t e r i a l s , furniture and

tC fixtures of KIRBY CONSTRUCTION OF TEXAS, L.L.C. and TIMBER RIDGE

ric CUSTOMHOMES, L.L.C. covering all of 2015,2016,2017and2018;

ist 22. All payroll records and member/manager compensation records of KIRBY

lD CONSTRUCTION OF TEXAS, L.L.C. and TIMBER RIDGE CUSTOM HOMES,

nie L.L.C. covering all of 2015,2016,2017and2018; 23. Da All documents evidencing any bulk transfer of assets from KIRBY CONSTRUCTION OF TEXAS, L.L.C. to TIMBER RIDGE CUSTOM HOMES, is L.L.C. and consideration paid for such bulk transfer. hr C of e ffic yO op C ial fic of Un CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the foregoing Order Compelling Deposition Appearance has been mailed by certified mail, return receipt requested and first class U.S. mail upon MICHAEL WAYNE MALDONADO, 5306 Carefree Drive, League City, Texas and has been served by e-mail, through Tex-File, to all attorneys of record on January 29, 2018.

k ler tC ric ist lD nie Christopher M. Cammack Da is hr C of e ffic y O op C ial fic of Un 3/7/2018 10:07 AM Chris Daniel - District Clerk Harris County Envelope No. 22995625 By: Bristalyn Daniels Filed: 3/7/2018 10:07 AM CHRISTOPHER M. CAMMACK Attorney at Law Mobile: 713-870-6883 7324 Southwest Freeway, Suite 1446 Phone: 713-960-1921 E-mail: [email protected] HOUStOH, TeX3S 77074 Fax: 713-960-1922

March 7, 2018

k Clerks, 165th District Court

ler Attn: Ms. Shelly Boone

tC Via Tex File, E-Filing

ric Re: Case No. 201 5-70244; Socie v. Kirby Construction Et Al

ist Dear Madam:

lD nie With this letter, I am e-filing a Third Amended Order Compelling Deposition Appearance.

This Order pertains to Plaintiffs Motion to Compel Deposition Appearance of Michael Wayne Da Maldonado filed on November 17, 2017 in the above-styled cause, which had been set on the November 27, 2017 submission docket. is hr The initial Order, a First Amended Order, and a Second Amended Order submitted with the C

above-described Motion each contained a deposition date that has now passed. Hence, the Third Amended Order now being filed has a deposition date in it of April 1 1, 2018. I am hopeful the of

court may rule on the Motion before the end of this business week. e ffic

As always, thank you for your courtesy and assistance. O

Very truly yours, y op C

Christopher M. Cammack ial

Attorney for Plaintiff/Judgment Creditor CMC/st fic

Enclosure of

xc: Michael Wayne Maldonado Un

Via 1st class mail 3/7/201810:07:22AM ChrisDaniel-DistrictClerk HarrisCounty EnvelopeNo:22995625 By:DANIELS,BRISTALYND Filed:3/7/201810:07:22AM NO. 2015-70244 BRANDON SOCIE and ABRIL SOC1E IN THE DISTRICT COURT OF V. HARRIS COUNTY, TEXAS KIRBY CONSTRUCTION OF TEXAS, L.L.C. d/b/a U B U I L D I T 165th JUDICIAL DISTRICT

k ler THIRD AMENDED ORDER COMPELLING DEPOSITION APPEARANCE

tC ric On this day, came on for submission Plaintiff s Motion to Compel Appearance against

ist Defendant, MICHAEL WAYNE MALDONADO. The Court, upon reviewing Plaintiff s Motion

lD and after considering its grounds, finds that the Motion is well taken and should be granted.

nie Da IT IS THEREFORE ORDERED that Plaintiff s Motion to Compel Deposition Appearance is is granted and that Defendant, MICHAEL WAYNE MALDONADO shall appear in the office of hr

Plaintiff s counsel, Christopher M. Cammack, at 7324 Southwest Freeway, Suite 1446, Houston, C of

Texas 77074, and give deposition testimony on April 11, 2018 at 10:00 a.m., as well as produce all e ffic

documents described on Exhibit "A" attached hereto to Plaintiff s counsel on or before the same date O

and time. y op

SIGNED on this _day of_ .,2017. C ial fic

JUDGE PRESIDING of

APPROVED AS TO FORM: Un

Christopher M. Cammack State Bar No. 03682100 7324 Southwest Freeway, Suite 1446 Houston, Texas 77074 Ph. 713-960-1921/Fax713-960-1922 E-mail: [email protected] ATTORNEY FOR PLAINTIFF CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the foregoing Order Compelling Deposition Appearance has been mailed by certified mail, return receipt requested and first class U.S. mail upon MICHAEL WAYNE MALDONADO, 5306 Carefree Drive, League City, Texas and has been served by e-mail, through Tex-File, to all attorneys of record on March 7, 2018.

k ler tC ric ist lD Christopher M. Cammack

nie Da is hr C of e ffic y O op C ial fic of Un EXHIBIT "A": SUBPOENADUCESTECUM

1. Federal income tax returns of KIRBY CONSTRUCTION OF TEXAS, L.L.C. and of TIMBER RIDGE CUSTOM HOMES, L.L.C. for the years 2014, 2015, 2016 and 2017;

2. The general ledger of KIRBY CONSTRUCTION OF TEXAS, L.L.C. and of TIMBER RIDGE CUSTOM HOMES, L.L.C. for the years 2015, 2016, 2017 and 2018;

k ler 3. Copies of any deeds and deeds of trust or other instruments evidencing an interest in

tC real property of KIRBY CONSTRUCTION OF TEXAS, L.L.C. and of TIMBER RIDGE CUSTOM HOMES, L.L.C. including but not limited to any oil and gas leases,

ric farmout agreements, or rights to receive royalties;

ist lD 4. Copies of certificates of title and current license receipts to any mobile homes,

nie vehicles and/or motor vehicles, including but not limited to any boats, cars, vans, forklifts and/or trucks owned by of KIRBY CONSTRUCTION OF TEXAS, L.L.C. and Da of TIMBER RIDGE CUSTOM HOMES, L.L.C. during 2015, 2016, 2017 and 2018; is 5. Copies of all documents evidencing any transfers of both real and personal property hr

by KIRBY CONSTRUCTION OF TEXAS, L.L.C. and of TIMBER RIDGE CUSTOM C

HOMES, L.L.C. during 2015, 2016, 2017 and 2018, including but not limited to bills of of

sales, copies of checks received, cash receipts, purchase/sale agreements, deeds e

conveyed, and/or title transferred; ffic O

6. All documents evidencing ownership or interest in personal property valued over $250.00, including any certificates of title or purchase receipts to said property; y op C

7. All business records, balance sheets, inventory lists, income statements, and financial statements of KIRBY CONSTRUCTION OF TEXAS, L.L.C. and of TIMBER RIDGE ial

CUSTOM HOMES, L.L.C. during 2015, 2016, 2017 and 2018; fic of

8. List of all security agreements to which KIRBY CONSTRUCTION OF TEXAS, Un

10. Copy of all documents showing a right to payment, accounts receivable, or representing a debt owed to KIRBY CONSTRUCTION OF TEXAS, L.L.C. and to TIMBER RIDGE CUSTOM HOMES, L.L.C. covering all the months in 2015, 2016, 2017 and 2018;

k ler 12. Any booklets and current statements of account in any stock options or retirement,

tC pension, profit-sharing, employee stock ownership, Keogh, or individual retirement

ric plans in which KIRBY CONSTRUCTION OF TEXAS, L.L.C. and TIMBER RIDGE

ist CUSTOM HOMES, L.L.C. claims an interest;

lD 13. Copies of all civil Judgments against KIRBY CONSTRUCTION OF TEXAS, L.L.C.

RIDGE CUSTOM HOMES, L.L.C. now claims or have claimed an interest during the past two (2) years; of e ffic

15. All contracts executed between KIRBY CONSTRUCTION OF TEXAS, L.L.C. and TIMBER RIDGE CUSTOM HOMES, L.L.C. and any other party that would reflect O

revenue currently being earned by KIRBY CONSTRUCTION OF TEXAS, L.L.C. y

and TIMBER RIDGE CUSTOM HOMES, L.L.C. during the year 2018; op C

16. Any rights of KIRBY CONSTRUCTION OF TEXAS, L.L.C. and TIMBER RIDGE ial

CUSTOM HOMES, L.L.C. to purchase stock in any corporation, including stock fic

certificates relating to any stock option, stock, bonus, or employee stock ownership or purchase plan, past or present; of Un

17. All documents evidencing any ownership interest of KIRBY CONSTRUCTION OF TEXAS, L.L.C. and of TIMBER RIDGE CUSTOM HOMES, L.L.C. in any patent or copyright; 18. Any lease involving KIRBY CONSTRUCTION OF TEXAS, L.L.C. and TIMBER RIDGE CUSTOM HOMES, L.L.C. whether lessor or lessee, in any realty or personalty; 19. All checking account and savings account statements of any kind, together with all cancelled checks for any type of bank account which KIRBY CONSTRUCTION OF TEXAS, L.L.C. and TIMBER RIDGE CUSTOM HOMES, L.L.C. has access to in any capacity, covering all months in 2017 and 2018; 20. All minutes of meetings of the members and/or managers of KIRBY CONSTRUCTION OF TEXAS, L.L.C. and TIMBER RIDGE CUSTOM HOMES, L.L.C. and resolutions made, covering2015,2016,2017and2018;

k ler 21. All inventories of equipment, machinery, r a w m a t e r i a l s , furniture and

tC fixtures of KIRBY CONSTRUCTION OF TEXAS, L.L.C. and TIMBER RIDGE CUSTOMHOMES, L.L.C. covering all of 2015,2016,2017and2018;

ric ist 22. All payroll records and member/manager compensation records of KIRBY

lD CONSTRUCTION OF TEXAS, L.L.C. and TIMBER RIDGE CUSTOM HOMES,

HCDistrictclerk.com SOCIE, BRANDON vs. SECURITY NATIONAL LIFE 5/23/2018 INSURANCE COMPANY Cause: 201570244 CDI: 7 Court: 165 JUDGMENT/EVENTS Date Description Order Post Pgs Volume Filing Person Signed Jdgm /Page Attorney Filing 3/30/2016 ORDER SIGNED AWARDING 3/30/2016 ATTORNEY FEES 3/30/2016 DEFAULT JUDGMENT SIGNED 3/30/2016 3/30/2016 DEFENDANT COSTS 12/22/2015 PARTIAL DISMISSAL ON 12/22/2015 PLAINTIFF'S MOTION 12/21 /2015 DESIGNATED TRIAL READY 12/7/2015 FIRST AMENDED ORIGINAL CUNNINGHAM, JOHN SOCIE, BRANDON PETITION C.

12/7/2015 FIRST AMENDED ORIGINAL CUNNINGHAM, JOHN SOCIE, ABRIL PETITION C.

12/2/2015 ANSWER LEWIS, JEFFRY SECURITY BECKER NATIONAL LIFE INSURANCE COMPANY C/O C 1 11/25/2015 ORDER SETTING BOND SIGNED 11/25/2015 /25/2015 MOTION FOR TEMPORARY RESTRAINING ORDER GRANTED 11/25/2015 ORDER SIGNED GRANTING 11/25/2015 TEMPORARY RESTRAINING ORDER /25/2015 APPEARANCE ON TEMPORARY INJ OR TEMPORARY RESTRAINING ORD 11/25/2015 ORDER SIGNED SETTING 11/25/2015 HEARING 11/23/2015 ORIGINAL PETITION CUNNINGHAM, JOHN SOCIE, ABRIL C.

11 /23/2015 ORIGINAL PETITION CUNNINGHAM, JOHN SOCIE, BRANDON C.

lof 1 5/23/2018, 11:12 AM Local Rule Notice of and Assignment of Related Case in Original Proceedings [sample; file with petition in original proceeding] As required by the Local Rules Relating to Assignment of Related Cases to and Transfers of Related Cases between the First and Fourteenth Courts of Appeals, I certify that the following related appeal or original proceeding has been previously filed in either the First or Fourteenth Court of Appeals: G None G Caption: _________ NONE_______________________ Trial court case number: ___________N/A______________________ Appellate court case number: ___________N/A______________________

___/s/ Chris Cammack_________________ [Signature of certifying attorney or pro se party]

__May 24, 2018________________________ [Date]

Note: See Local Rules for the definitions of Aunderlying case,@ Arelated,@ and Apreviously filed.@

Case-law data current through December 31, 2025. Source: CourtListener bulk data.