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FILED
TARRANT COUNTY
096-321678-20 8/16/2022 11:04 AM
CAUSE NO. 096-321678-20 THOMAS A. WILDER
DISTRICT CLERK
CRYSTAL RIGHTON § IN THE DISTRICT COURT OF
Plaintiff, §
§
vs. § 96th JUDICIAL DISTRICT
§
BEN AND BECCA, LLC d/b/a §
KIKI LA RUE and REBECCA MONJEZI §
CLARK, §
Defendants, §
§
vs. §
§
HALEY VAN METER, §
Intervenor. § TARRANT COUNTY, TEXAS
PLAINTIFF CRYSTAL RIGHTON AND INTERVENOR HALEY VAN METER’S
JOINT RESPONSE TO DEFENDANTS’ MOTION TO ALLOW WITNESS TO TESTIFY
VIA ZOOM VIDEOCONFERENCING
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES, Crystal Righton, Plaintiff, and Haley Van Meter, Intervenor, files this their
Response to Defendant’s Motion to Allow Witness to Testify Via Zoom Videoconferencing, and
in support hereof, shows the Court the following:
I. BACKGROUND
Plaintiff filed her Original Petition and Request for Disclosure on November 18, 2020. See
Plaintiff’s Original Petition on file with this Court. Intervenor filed her Original Petition, Request
for Disclosures, and Demand for Trial by Jury on April 5, 2021. See Intervenor’s Original Petition
on file with this Court. As ordered by the Court, the discovery period closed on July 22, 2022.
Defendants then filed their Motion to Allow Witness to Testify Via Zoom Videoconferencing on
August 1, 2022.
II. ARGUMENTS AND AUTHORITIES
Under the Texas Rules of Civil Procedure in effect at the time Plaintiff’s Original Petition
was filed, “a party may request disclosure of any or all of the following: … the name, address, and
telephone number of persons having knowledge of relevant facts, and a brief statement of each
identified person’s connection with the case.” T EX. R. CIV. P. 194.2(e). When responding to a
request for persons having knowledge of relevant facts, “a party who fails to disclose information
concerning a nonparty witness in response to a discovery request may not offer that witness’s
testimony unless the court finds there is good cause for failure or the failure did not unfairly
surprise or unfairly prejudice the other parties.” T EX. R. CIV. P. 193.6(a).
In Defendants’ Motion to Allow Witness to Testify Via Zoom Videoconferencing,
Defendants are asking the Court to allow Kelly Shiley to testify on behalf of Defendants. However,
at no point during the entirety of the discovery process did Defendants disclose Kelly Shiley as a
person with knowledge of relevant facts of this case. Further, Defendants have not established
good cause for the failure to disclose Kelly Shiley, lack of surprise, or lack of unfair prejudice for
failing to disclose Kelly Shiley, which is their burden as required by the Texas Rules of Civil
Procedure. See TEX. R. CIV. P. 193.6(b). Therefore, Kelly Shiley should not be allowed to testify
on behalf of the Defendants, either in person or via Zoom Videoconferencing.
Finally, the reason why Defendants need the relief, according to them, is set forth in the
very first paragraph of their Motion:
“This case is set for trial on August 22, 2022. A witness for the Defendants’, Kelly
Shiley (“Witness”), is a resident of North Carolina. Witness has indicated that she
is willing to give testimony; however, attendance in person would cause Witness to
incur significant costs and travel expenses which cannot otherwise be overcome.”
The justification for the relief sought – avoiding travel expenses – is identified nowhere in
the Texas Supreme Court’s orders – which center on health and the Covid-19 response of Texas
courts. Defendants fail to explain or identify how the witness’ travel expenses are related to the
Covid-19 health disaster, or any public health policy mentioned or connected to recent orders of
the Texas Supreme Court. Accordingly, the motion is properly seen as a misguided attempt to
justify avoiding litigation expenses and should be denied. If Defendants were truly concerned
about the witness’ testimony, they should have taken her deposition in North Carolina. Northing
prevented them from doing so.
III. PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff and Intervenor respectfully requests
this Court to deny Defendants Motion to Allow Witness to Testify Via Zoom Videoconferencing.
Respectfully submitted,
WALTERS, BALIDO & CRAIN, L.L.P.
BY: _______________________________
S. TODD PARKS - 15526520
400 East Main Street
Decatur, Texas 76234
940-626-8254
940-760-1670 (Facsimile)
Email: todd.parks@wbclawfirm.com
Service of Documents:
ParksEDocsNotifications@wbclawfirm.com
COUNSEL FOR PLAINTIFF CRYSTAL
RIGHTON
&
/s/ Murray W. Camp
Murray W. Camp
Texas Bar No. 00790418
murray@murraycamplaw.com
4131 N. Central Expw., Ste. 900
Dallas, Texas 75204
(214) 550-0360
COUNSEL FOR INTERVENOR
Automated Certificate of eService
This automated certificate of service was created by the efiling system. The filer served this
document via email generated by the efiling system on the date and to the persons listed below.
The rules governing certificates of service have not changed. Filers must still provide a certificate
of service that complies with all applicable rules.
Saydie Monjaraz on behalf of S. Todd Parks
Bar No. 15526520
Saydie.Monjaraz@wbclawfirm.com
Envelope ID: 67329790
Status as of 8/16/2022 11:38 AM CST
Associated Case Party: CRYSTALRIGHTON
Name BarNumber Email TimestampSubmitted Status
S. ToddParks parksedocsnotifications@wbclawfirm.com 8/16/2022 11:04:33 AM SENT
Todd Parks todd.parks@wbclawfirm.com 8/16/2022 11:04:33 AM SENT
Automated Certificate of eService
This automated certificate of service was created by the efiling system. The filer served this
document via email generated by the efiling system on the date and to the persons listed below.
The rules governing certificates of service have not changed. Filers must still provide a certificate
of service that complies with all applicable rules.
Saydie Monjaraz on behalf of S. Todd Parks
Bar No. 15526520
Saydie.Monjaraz@wbclawfirm.com
Envelope ID: 67329790
Status as of 8/16/2022 11:38 AM CST
Associated Case Party: REBECCAMONJEZICLARK
Name BarNumber Email TimestampSubmitted Status
C. ChadLampe chad@norredlaw.com 8/16/2022 11:04:33 AM SENT
Clint Phillips clint@clintphillipslaw.com 8/16/2022 11:04:33 AM SENT
Clair Rivera clair@crflegal.com 8/16/2022 11:04:33 AM SENT
Automated Certificate of eService
This automated certificate of service was created by the efiling system. The filer served this
document via email generated by the efiling system on the date and to the persons listed below.
The rules governing certificates of service have not changed. Filers must still provide a certificate
of service that complies with all applicable rules.
Saydie Monjaraz on behalf of S. Todd Parks
Bar No. 15526520
Saydie.Monjaraz@wbclawfirm.com
Envelope ID: 67329790
Status as of 8/16/2022 11:38 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Murray Camp murray@murraycamplaw.com 8/16/2022 11:04:33 AM SENT
Brett A.Nelson NLGEservice@nelsonlawgrouppc.com 8/16/2022 11:04:33 AM SENT
Rachel Lowke rachel@crflegal.com 8/16/2022 11:04:33 AM SENT
Emily Daniell emily@crflegal.com 8/16/2022 11:04:33 AM SENT
Andrew W.Christman drew@crflegal.com 8/16/2022 11:04:33 AM SENT
Preview
FILED TARRANT COUNTY 096-321678-20 8/16/2022 11:04 AM CAUSE NO. 096-321678-20 THOMAS A. WILDER DISTRICT CLERK CRYSTAL RIGHTON § IN THE DISTRICT COURT OF Plaintiff, § § vs. § 96th JUDICIAL DISTRICT § BEN AND BECCA, LLC d/b/a § KIKI LA RUE and REBECCA MONJEZI § CLARK, § Defendants, § § vs. § § HALEY VAN METER, § Intervenor. § TARRANT COUNTY, TEXAS PLAINTIFF CRYSTAL RIGHTON AND INTERVENOR HALEY VAN METER’S JOINT RESPONSE TO DEFENDANTS’ MOTION TO ALLOW WITNESS TO TESTIFY VIA ZOOM VIDEOCONFERENCING TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES, Crystal Righton, Plaintiff, and Haley Van Meter, Intervenor, files this their Response to Defendant’s Motion to Allow Witness to Testify Via Zoom Videoconferencing, and in support hereof, shows the Court the following: I. BACKGROUND Plaintiff filed her Original Petition and Request for Disclosure on November 18, 2020. See Plaintiff’s Original Petition on file with this Court. Intervenor filed her Original Petition, Request for Disclosures, and Demand for Trial by Jury on April 5, 2021. See Intervenor’s Original Petition on file with this Court. As ordered by the Court, the discovery period closed on July 22, 2022. Defendants then filed their Motion to Allow Witness to Testify Via Zoom Videoconferencing on August 1, 2022. II. ARGUMENTS AND AUTHORITIES Under the Texas Rules of Civil Procedure in effect at the time Plaintiff’s Original Petition was filed, “a party may request disclosure of any or all of the following: … the name, address, and telephone number of persons having knowledge of relevant facts, and a brief statement of each identified person’s connection with the case.” T EX. R. CIV. P. 194.2(e). When responding to a request for persons having knowledge of relevant facts, “a party who fails to disclose information concerning a nonparty witness in response to a discovery request may not offer that witness’s testimony unless the court finds there is good cause for failure or the failure did not unfairly surprise or unfairly prejudice the other parties.” T EX. R. CIV. P. 193.6(a). In Defendants’ Motion to Allow Witness to Testify Via Zoom Videoconferencing, Defendants are asking the Court to allow Kelly Shiley to testify on behalf of Defendants. However, at no point during the entirety of the discovery process did Defendants disclose Kelly Shiley as a person with knowledge of relevant facts of this case. Further, Defendants have not established good cause for the failure to disclose Kelly Shiley, lack of surprise, or lack of unfair prejudice for failing to disclose Kelly Shiley, which is their burden as required by the Texas Rules of Civil Procedure. See TEX. R. CIV. P. 193.6(b). Therefore, Kelly Shiley should not be allowed to testify on behalf of the Defendants, either in person or via Zoom Videoconferencing. Finally, the reason why Defendants need the relief, according to them, is set forth in the very first paragraph of their Motion: “This case is set for trial on August 22, 2022. A witness for the Defendants’, Kelly Shiley (“Witness”), is a resident of North Carolina. Witness has indicated that she is willing to give testimony; however, attendance in person would cause Witness to incur significant costs and travel expenses which cannot otherwise be overcome.” The justification for the relief sought – avoiding travel expenses – is identified nowhere in the Texas Supreme Court’s orders – which center on health and the Covid-19 response of Texas courts. Defendants fail to explain or identify how the witness’ travel expenses are related to the Covid-19 health disaster, or any public health policy mentioned or connected to recent orders of the Texas Supreme Court. Accordingly, the motion is properly seen as a misguided attempt to justify avoiding litigation expenses and should be denied. If Defendants were truly concerned about the witness’ testimony, they should have taken her deposition in North Carolina. Northing prevented them from doing so. III. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff and Intervenor respectfully requests this Court to deny Defendants Motion to Allow Witness to Testify Via Zoom Videoconferencing. Respectfully submitted, WALTERS, BALIDO & CRAIN, L.L.P. BY: _______________________________ S. TODD PARKS - 15526520 400 East Main Street Decatur, Texas 76234 940-626-8254 940-760-1670 (Facsimile) Email: todd.parks@wbclawfirm.com Service of Documents: ParksEDocsNotifications@wbclawfirm.com COUNSEL FOR PLAINTIFF CRYSTAL RIGHTON & /s/ Murray W. Camp Murray W. Camp Texas Bar No. 00790418 murray@murraycamplaw.com 4131 N. Central Expw., Ste. 900 Dallas, Texas 75204 (214) 550-0360 COUNSEL FOR INTERVENOR Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Saydie Monjaraz on behalf of S. Todd Parks Bar No. 15526520 Saydie.Monjaraz@wbclawfirm.com Envelope ID: 67329790 Status as of 8/16/2022 11:38 AM CST Associated Case Party: CRYSTALRIGHTON Name BarNumber Email TimestampSubmitted Status S. ToddParks parksedocsnotifications@wbclawfirm.com 8/16/2022 11:04:33 AM SENT Todd Parks todd.parks@wbclawfirm.com 8/16/2022 11:04:33 AM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Saydie Monjaraz on behalf of S. Todd Parks Bar No. 15526520 Saydie.Monjaraz@wbclawfirm.com Envelope ID: 67329790 Status as of 8/16/2022 11:38 AM CST Associated Case Party: REBECCAMONJEZICLARK Name BarNumber Email TimestampSubmitted Status C. ChadLampe chad@norredlaw.com 8/16/2022 11:04:33 AM SENT Clint Phillips clint@clintphillipslaw.com 8/16/2022 11:04:33 AM SENT Clair Rivera clair@crflegal.com 8/16/2022 11:04:33 AM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Saydie Monjaraz on behalf of S. Todd Parks Bar No. 15526520 Saydie.Monjaraz@wbclawfirm.com Envelope ID: 67329790 Status as of 8/16/2022 11:38 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Murray Camp murray@murraycamplaw.com 8/16/2022 11:04:33 AM SENT Brett A.Nelson NLGEservice@nelsonlawgrouppc.com 8/16/2022 11:04:33 AM SENT Rachel Lowke rachel@crflegal.com 8/16/2022 11:04:33 AM SENT Emily Daniell emily@crflegal.com 8/16/2022 11:04:33 AM SENT Andrew W.Christman drew@crflegal.com 8/16/2022 11:04:33 AM SENT