Preview
FILED
4/16/2024 11:19 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Jenifer Trujillo DEPUTY
CAUSE NO. DC-23-16266
TBK BANK, SSB, § IN THE DISTRICT COURT
§
Plaintiff,
v. 134" JUDICIAL DISTRICT
DAVID PADRON, SR.,
§
Defendants. DALLAS COUNTY, TEXAS
PLAINTIFF’S MOTION TO COMPEL ADE UATE DISCOVERY RESPONSES
TO THE HONORABLE COURT:
TBK Bank, SSB (“TBK” or “Plaintiff’), Plaintiff in the above-captioned cause, files this
Motion to Compel Adequate Discovery Responses from David Padron, Sr. (“Padron” or
“Defendant”, and in support thereof would respectfully show this Court, as follows:
1.
FACTUAL BACKGROUND
On January 16, 2024, TBK served its First Requests for Admission to Defendant, and its
First Interrogatories to Defendant. Pursuant to Rules 197.2(a) and 198.2(a) of the Texas Rules of
Civil Procedure, Defendant’s deadline to respond to TBK’s First Requests for Admission and its
First Interrogatories (the “Discovery Requests”) was February 15, 2024. Defendant requested and
TBK granted the following extensions for Defendant to respond to TBK’s Discovery Requests:
1) A two-week extension from February 15 to February 29. Exhibit A at 3-4.
2) A four-day extension from February 29 to March 5. /d. at 1.
3) A three-day extension from March 5 to March 8. Exhibit B at 1-2.
On March 8, 2024, Defendant served its responses to the Discovery Requests, attached as
Exhibits C and D. In Defendant’s email serving responses to the Discovery Requests, Defendant’s
counsel noted that the responses were “incomplete” and that he planned to “supplement these
'BK’S MOTION TO COMPEL ADEQUATE DISCOVERY RESPONSES — Page 1
responses.” Exhibit E at 9.! TBK followed up on Defendant’s possible supplementation on March
12 and again on March 27. Jd. at 6-8. On March 12, TBK noted that it would like to avoid Court
intervention if possible. /d. at 8. On April 2, TBK sent a draft motion to compel adequate
discovery responses and, again, requested Defendant provide sufficient responses to the discovery
requests. /d. at 6. On April 3, Defendant asked for an extension to April 12 to provide adequate
discovery responses. /d. at 4. Plaintiff granted that extension. /d. at 3. To date, Defendant has
yet to supplement or amend his responses to the Discovery Requests to bring them into conformity
with the Texas Rules of Civil Procedure.
2.
ARGUMENT AND AUTHORITIES
2.1. Legal Standard.
Any party is entitled to discovery on all non-privileged documents and communications
that appears “reasonably calculated to lead to the discovery of admissible evidence.” Tex. R. Civ.
Proc. 192.3; Eli Lilly & Co. v. Marshall, 850 S.W.2d 155, 160 (Tex. 1993). “The ‘relevant to the
subject matter’ and ‘reasonably calculated to lead to admissible evidence’ tests are liberally
construed to allow the litigants to obtain the fullest knowledge ofthe facts and issues prior to trial.”
See Axelson, Inc. v. Mcllhany, 798 S.W.2d 550, 553 (Tex. 1990).
The burden falls squarely on the party resisting discovery to establish the basis for avoiding
the discovery being sought and to produce evidence supporting that claim. See G.M. Corp. v.
Tanner, 892 S.W.2d 862, 863 (Tex. 1995). The Texas Rule of Civil Procedure 193.5 imposes a
duty to amend or supplement responses to written discovery “if a party learns that the party’s
' Exhibit E contains redactions of information unrelated to Defendant’s responses to TBK’s Discovery Requests.
'BK’S MOTION TO COMPEL ADEQUATE DISCOVERY RESPONSES — Page 2
response to written discovery was incomplete when made, or although complete and correct when
made, is no longer complete and correct.” Tex. R. Civ. P. 193.5(a).
2.2. The Court Should Compel Adequate Responses to TBK’s First Interrogatories.
Texas Rule of Civil Procedure 197.2(b) requires that a response to interrogatories “must
include the party’s answers to the interrogatories. .. .” Tex. R. Civ. P. 197.2(b) (emphasis added).
TBK served 18 interrogatories on Defendant. Exhibit C. Defendant sufficiently responded to
Interrogatory No. 1. Exhibit C at 3. In response to Interrogatory Nos. 2-18, Defendant uniformly
responded with “Will supplement.” Exhibit C at 3-8. Defendant’s responses do not answer the
interrogatories posed and to date Defendant has failed to supplement his responses. The Court,
therefore, should compel Defendant to adequately respond to TBK’s First Interrogatories Nos. 2—
18.
2.3. The Court Should Compel Adequate Responses to TBK’s First Requests for
Admission.
Texas Rule of Civil Procedure 198.2(b) requires that a response to requests for admission
“must specifically admit or deny the request or explain in detail the reasons that the responding
party cannot admit or deny the request.” Tex. R. Civ. P. 198.2(b) (emphasis added). Further, the
Rule states that “[l]ack of information or knowledge is not a proper response unless the responding
party states that a reasonable inquiry was made but that the information known or easily obtainable
is insufficient to enable the responding party to admit or deny.” /d. With respect to requests for
admission, “an evasive or incomplete answer may be treated as a failure to answer.” Tex. R. Civ.
P. 215.4(a). If the answers do not comply with Rule 198, the Court “may order either that the
matter is admitted or that an amended answer be served.” Jd.
TBK served 17 requests for admission on Defendant. Exhibit D. In response to Request
for Admission No. 6, Defendant responded with “Unknown at this time due to lack of information.
'BK’S MOTION TO COMPEL ADEQUATE DISCOVERY RESPONSES — Page 3
Defendant will supplement this answer.” Exhibit D at 3. In response to Request for Admission
Nos. 7-17, Defendant uniformly responded with “Unknown due to lack of information after
making a diligent search of our records. Will supplement.” Exhibit D at 3-5. Request Nos. 6-17
inquire whether or not Defendant made payments under the loan agreements his business entered
into with TBK and he guaranteed. The information needed to determine whether payments are
easily obtainable through bank records. Defendant has had nearly four months to review those
records since the service of the Discovery Requests.
Defendant responses do not properly admit or deny the requests for admission served and
to date Defendant has failed to supplement his responses. The Court, therefore, should order that
Request Nos. 6-17 are deemed admitted or, alternatively, compel Defendant to adequately respond
to Request Nos. 6-17.
2.4, The Court Should Award TBK its Fees Related to This Motion.
When a party seeks an order (1) compelling discovery for failure to “serve answers or
objections to interrogatories submitted under Rule 197, after proper service of the interrogatories”
(Tex. R. Civ. P. 215.1(b)(3)(A)) or (2) determining the sufficiency of responses to requests for
admissions (Tex. R. Civ. P. 215.4(a)), the moving party may seek its fees from the party whose
conduct necessitated the motion. Tex. R. Civ. P. 215.1(d). Ifthe motion is granted
the court shall, after opportunity for hearing, require a party or
deponent whose conduct necessitated the motion or the party or
attorney advising such conduct or both of them to pay, at such time
as ordered by the court, the moving party the reasonable expenses
incurred in obtaining the order, including attorney fees, unless the
court finds that the opposition to the motion was substantially
justified or that other circumstances make an award of expenses
‘unjust.
Id. (emphasis added). Plaintiff has communicated with Defendant’s counsel over the past four
months to secure responses to the Discovery Requests. Despite three extensions and providing
BK’S MOTION TO COMPEL ADEQUATE DISCOVERY RESPONSES — Page 4
Defendant ample time to supplement its responses, the responses remain—in counsel for
Defendant’s own word. “incomplete.” Because Defendant’s responses are evasive and
incomplete, Defendant’s responses to the discovery requests should be “treated as a failure to
answer.” See Tex. R. Civ. P. 215.1(c). TBK, therefore, respectfully requests its fees incurred in
connection with seeking responses to the Discovery Requests and in preparation of this Motion.
3.
PRAYER
WHEREFORE, for the foregoing reasons, TBK respectfully requests that the Court grant
this Motion, enter an order (1) compelling Defendant to adequately respond to TBK’s First
Interrogatories Nos. 2-18, (2) deeming that Defendant has admitted Request for Admission Nos.
6-17, or, alternatively, compel Defendant to adequately respond to Request for Admission Nos.
6-17, and (3) awarding TBK its reasonable attorneys’ fees incurred in preparing this motion and
seeking adequate responses to the Discovery Requests.
BK’S MOTION TO COMPEL ADEQUATE DISCOVERY RESPONSES — Page 5
Dated: April 16, 2024. Respectfully submitted,
By: /s/Jonathan D. Neerman
Jonathan D. Neerman
State Bar No. 24037165
jneerman@jw.com
Matt M. Johnson
State Bar No. 24108781
mjohnson@jw.com
JACKSON WALKER L.L.P.
2323 Ross Avenue, Ste. 600
Dallas, Texas 75201
Direct Phone (214) 953-5664
Direct Fax: (214) 661-6899
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF CONFERENCE
Counsel for movant has personal attempted to contact the counsel for respondent to resolve
the matters presented via email on March 12, 2024, March 27, 2024, April 2, 2024, and April 15,
2024. After each attempt, counsel for respondent failed to resolve the matters presented. Counsel
for the movant has caused to be delivered to counsel for respondent and counsel for respondent
has received a copy of the proposed motion. At least one attempt to contact the counsel for
respondent followed the receipt by counsel for respondent of the proposed motion. Counsel for
respondent has failed to attempt to resolve the matters presented. .
/s/ Matt M. Johnson
Matt M. Johnson
CERTIFICATE OF SERVICE
T hereby certify that a true and correct copy of the above and foregoing was served upon
all known counsel of record in this cause in accordance with the Texas Rules of Civil Procedure
on this 16" day of April, 2024.
/s/ Matt M. Johnson
Matt M. Johnson
BK’S MOTION TO COMPEL ADEQUATE DISCOVERY RESPONSES — Page 6
EXHIBIT A
Johnson, Matt
From: Johnson, Matt
Sent: Friday, March 1, 2024 5:49 PM
To: Keith Wier
Subject: RE: Padron matter
Agreed. Please keep us updated on Tuesday and let me know if you need an email address adjusted.
Best,
Matt Johnson
2323 Ross Avenue, Suite 600 | Dallas, TX | 75201
(214) 953-5897] mjohnson@jw.com | Bio
Jackson Walkar LF
From: Keith Wier
Sent: Friday, March 1, 2024 5:47 PM
To: Johnson, Matt
Subject: Re: Padron matter
Caution: **External Email.
I’m in the process of changing back to my prior firm. May I have until Tuesday?
Get Outlook for iOS
From: Johnson, Matt
Sent: Friday, March 1, 2024 5:27:20 PM
To: Keith Wier ; Neerman, Jonathan
Cc: Molly Lahmers
Subject: RE: Padron matter
Keith,
I’m writing to check on the status of Mr. Padron’s responses to TBK’s Requests for Admission and
Interrogatories that we served on January 16. We provided an extension to February 29, but I did not notice you
serving any responses yesterday. Please advise when you intend to serve the discovery responses. We would
like to keep the case moving and intend to seek relief from the Court if we don’t hear back on this by next
Wednesday.
On another note, you and Molly should have received a ShareFile invite email in order to download TBK’s first
document production. Once you have an account, you should be able to access this secure link:
https://jacksonwalker.sharefile.com/f/fo08c492-8aa5-4450-aa1 5-24693b737dc9
Please let me know if you have any problems accessing the file.
1
Best,
Matt Johnson
2323 Ross Avenue, Suite 600 | Dallas, TX | 75201
(214) 953-5897] miohnson@jw.com | Bio
Jackson Walker LLP
From: Keith Wier
Sent: Thursday, February 15, 2024 9:54 AM
To: Neerman, Jonathan
Ce: Molly Lahmers ; Johnson, Matt
Subject: RE: Padron matter
| Caution: **External Email. Take care when opening links or opening attachments.
Will do. Thank you.
(Please copy my paralegal, Molly Lahmers (molly@albinoldnerlaw.com) on all communications.)
Sincerely,
Keith Wier
Attorney
ALBIN OLDNER L
TRUSTED ADVISERS
ALBIN OLDNER LAW, PLLC
Starwood Office Building
5665 Dallas Parkway, Suite 200
Frisco, Texas 75034
214-423-5100 (tel)
214-423-5111 (fax)
kwier@albinoldnerlaw.com
www.albinoldnerlaw.com
THIS TRANSMISSION MAY BE SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE, ATTORNEY WORK PRODUCT, OR STRICTLY
CONFIDENTIAL. IF YOU ARE NOT THE INTENDED RECIPIENT OF THIS MESSAGE, YOU MAY NOT DISCLOSE, PRINT, COPY
OR DISSEMINATE THIS INFORMATION. IF YOU HAVE RECEIVED THIS IN ERROR, PLEASE REPLY AND NOTIFY THE SENDER
(ONLY) AND DELETE THE MESSAGE. UNAUTHORIZED INTERCEPTION OF THIS E-MAIL IS A VIOLATION OF FEDERAL
CRIMINAL LAW
From: Neerman, Jonathan
Sent: Thursday, February 15, 2024 9:53 AM
To: Keith Wier
Cc: Molly Lahmers ; Johnson, Matt
Subject: RE: Padron matter
Keith,
My apologies. | didn’t see this email yesterday. No objection.
And going forward, please include my colleague, Matt Johnson on emails.
Thanks,
Jonathan
Jonathan Neerman
2323 Ross Avenue, Suite 600
Dallas, TX 75201
V: (214) 953-5664 | F: (214) 661-6899 | jneerman@jw.com
Jackson Walker LiF
From: Keith Wier
Sent: Thursday, February 15, 2024 9:49 AM
To: Neerman, Jonathan
Cc: Molly Lahmers
Subject: RE: Padron matter
| Caution: **External Email. Take care when opening links or opening attachments.
Can | get a response?
(Please copy my paralegal, Molly Lahmers (molly@albinoldnerlaw.com) on all communications.)
Sincerely,
Keith Wier
Attorney
ALBIN OLDNER LAW
TRUSTED ADVISERS
ALBIN OLDNER LAW, PLLC
Starwood Office Building
5665 Dallas Parkway, Suite 200
Frisco, Texas 75034
214-423-5100 (tel)
214-423-5111 (fax)
kwier@albinoldnerlaw.com
www.albinoldnerlaw.com
THIS TRANSMISSION MAY BE SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE, ATTORNEY WORK PRODUCT, OR STRICTLY
CONFIDENTIAL. IF YOU ARE NOT THE INTENDED RECIPIENT OF THIS MESSAGE, YOU MAY NOT DISCLOSE, PRINT, COPY
OR DISSEMINATE THIS INFORMATION. IF YOU HAVE RECEIVED THIS IN ERROR, PLEASE REPLY AND NOTIFY THE SENDER
(ONLY) AND DELETE THE MESSAGE. UNAUTHORIZED INTERCEPTION OF THIS E-MAIL IS A VIOLATION OF FEDERAL
CRIMINAL LAW
From: Keith Wier
Sent: Wednesday, February 14, 2024 9:48 AM
To: 'jneerman@jw.com'
Cc: Molly Lahmers
Subject: Padron matter
M. Neerman,
Our written discovery responses are due tomorrow by my calculation. May we have a two week extension of time to
object or respond? | usually don’t make many objections.
(Please copy my paralegal, Molly Lahmers (molly@albinoldnerlaw.com) on all communications.)
Sincerely,
Keith Wier
Attorney
ALBIN OLDNER LAW
TRUSTED ADVISERS
ALBIN OLDNER LAW, PLLC
Starwood Office Building
5665 Dallas Parkway, Suite 200
Frisco, Texas 75034
214-423-5100 (tel)
214-423-5111 (fax)
kwier@albinoldnerlaw.com
www.albinoldnerlaw.com
THIS TRANSMISSION MAY BE SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE, ATTORNEY WORK PRODUCT, OR STRICTLY
CONFIDENTIAL. IF YOU ARE NOT THE INTENDED RECIPIENT OF THIS MESSAGE, YOU MAY NOT DISCLOSE, PRINT, COPY
OR DISSEMINATE THIS INFORMATION. IF YOU HAVE RECEIVED THIS IN ERROR, PLEASE REPLY AND NOTIFY THE SENDER
(ONLY) AND DELETE THE MESSAGE. UNAUTHORIZED INTERCEPTION OF THIS E-MAIL IS A VIOLATION OF FEDERAL
CRIMINAL LAW
EXHIBIT B
Johnson, Matt
From: Keith Wier
Sent: Tuesday, March 5, 2024 12:28 PM
To: Johnson, Matt
Ce: Neerman, Jonathan
Subject: Re: David Padron lawsuit
Caution: **External Email.
Understood. Thank you.
On Mar 5, 2024, at 12:22 PM, Johnson, Matt wrote:
Keith,
That’s right we did not serve any requests for production. We will grant your extension to Friday
but we can’t offer another extension after that. If we don’t have your responses by Friday, we
will file a motion to compel on Monday, March 11.
Best,
Matt Johnson
2323 Ross Avenue, Suite 600 | Dallas, TX | 75201
(214) 953-5897 | mjohnson@jw.com | Bio
From: Keith Wier
Sent: Tuesday, March 5, 2024 11:34:28 AM
To: Johnson, Matt
Subject: David Padron lawsuit
Caution: **External Email.
Matt,
Iam having some trouble reaching the client to go over the discovery requests. Would you mind
giving me until Friday on this? Also, I did not see Request for Production. Did you serve any. I
have admissions and Interrogatories. Thanks.
Keith Wier
Maurice Wutscher LLP
5851 Legacy Circle, Suite 600
Plano Texas 75024
Direct: 469-375-6792
Mobile: 713-503-0529
Email: kwier@MauriceWutscher.com
www.mauricewutscher.com
Admitted to practice in Texas
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EXHIBIT C
CAUSE NO. DC-23-16266
TBK BANK, SSB, IN THE DISTRICT COURT
Plaintiff,
Vv. 134 JUDICIAL DISTRICT
DAVID PADRON, SR.,
Defendant. DALLAS COUNTY, TEXAS
DEEENDANT’S ANSWERS TO.
PLAINTIFF'S
INTERROGATORIES
FIRST TO DEFENDANT
Pursuant to Rule 197 of the Texas Rules of Civil Procedure, Defendant, David Padron,
Sr., responds to Plaintiff's First Set of Interrogatories.
I.
INSTRUCTIONS
1 In answering these interrogatories, furnish all information which is not privileged,
however obtained, including hearsay which is available to you, and information known by or in
possession of yourself, your agents, attorneys, investigators, employees or other representatives,
or appearing in your records.
2 If you cannot answer the following interrogatories in full after exercising due
diligence to secure the full information to do so, so state and answer to the extent possible,
specifying your inability to answer the remainder, stating whatever information or knowledge you
have concerning the unanswered portion, and detailing what you did in attempting to secure the
unknown information.
3 A question which seeks information contained in or information about or
identification of any document or item may be answered by providing a copy of such document or
item for inspection and copying or by furnishing a copy of such document or item without a
Request for Production.
4 Where an individual interrogatory calls for an answer which involves more than
one part, each part of the answer shall be clearly set out so that it is understandable. Moreover, if
the spaces provided after each interrogatory are not sufficient, supplement any answer on a separate
sheet of paper.
5 If you answer an interrogatory by referencing or producing records pursuant to
Texas Rule of Civil Procedure 197.2(c), identify the responsive records by Bates number. See
Tex. R. Civ. P. 197.2(c) (the records “must be specified in sufficient detail to permit the requesting
party to locate and identify them as readily as the responding party.”).
6. These questions are continuing in nature and require supplemental answers in the
PLAINTIFF’S FIRST INTERROGATORIES TO DEFENDANT - Page 1
7
event you or your attorney becomes aware of further information between the time your answers
are given and the time of trial. You have a duty to supplement these Discovery Requests throughout
this proceeding pursuant to the Texas Rules of Civil Procedure.
Unless a different period is stated in a specific request, the relevant period for these
Discovery Requests is July 1, 2021 to the present.
I.
DEFINITIONS
The following definitions shall apply herein:
1 “TBK ” means TBK Bank, SSB as well as all agents, representatives, employees,
and all other persons acting on its behalf.
2 “Padron,” “You,” and “Your” means David Padron, Sr. and any other persons
acting on his behalf.
3 “Unique ” means Unique Freight Lines, Inc. as well as all agents, representatives,
employees, and all other persons acting on its behalf.
4 “Lawsuit” means Cause No. DC-23-16266 pending in the 134th Judicial District
Court, Dallas County, Texas.
5 “Petition” means Plaintiff TBK’s Original Petition filed on September 22, 2023 to
initiate the Lawsuit.
6 The terms “and” and “or” shall be interpreted in every instance to mean “and/or”
and shall not be interpreted disjunctively to exclude any information otherwise within the scope of
any request.
7
“Communication” and/or “communications” shall mean and include any contact or
act by which information or knowledge is transmitted or conveyed between two or more persons
and includes, without limitation, written contacts (whether by letter, e-mail, text message,
memoranda, telegram, telex or other document) and oral contacts (whether by face-to-face
meetings, telephone conversations or otherwise).
8 “Identify” with respect to a person means to give the full name, address, and
telephone number of the person or persons about whom inquiry is made.
9 “Identify” with respect to an entity means to give the entity’s full name, the contact
person, address and telephone number.
10. “Identify” with respect to documents means to state (i) type of document; (ii) the
general subject matter; (iii) the date of the document; (iv) the author(s), addressee(s), and
recipient(s); (v) present location, and (vi) present custodian.
Il. “Identify” or “identification” with respect to a communication means to state the
identity of the persons involved or participating in the communication, the date of the
communication, and the general subject matter of the communication.
PLAINTIFF’S FIRST INTERROGATORIES TO DEFENDANT - Page 2
12. 6. The terms “relating, a ee, related,” or “relates” mean, in addition to the customary
and usual meaning of the terms, discussing, referring to, pertaining to, evidencing, showing,
recording, or tending to show, in any probative manner, the existence or nonexistence of a matter.
13 When appropriate in the context of a request, the singular shall mean the plural and
vice versa.
14 Any term not specifically defined herein shall be given its ordinary meaning.
15 All other defined terms not expressly mentioned in the foregoing take on the
definition given them in the Petition.
Til
INTERROGATORIES
INTERROGATORY
NO, 1; State the name, address, telephone number, and position or job title
of all persons answering these requests.
ANSWER:
David Padron answered these written discovery requests with the assistance of his counsel.
INTERROGATORY
NO, 2; With respect to Your affirmative defense that “Plaintiff failed to
perform the sale as required by law and failed to perform the sale in a commercially reasonable
manner pursuant to the applicable Texas Statutes, and as such Plaintiff is barred from the recovery
of any damages or deficiency judgment,” (Answer, Aff. Defs. J 16) please identify (a) all facts that
support Your defense; (b) all witnesses with knowledge of those facts; and (c) all documents to
support Your defense.
ANSWER:
Will supplement.
INTERROGATORY
NO, 3; With respect to Your affirmative defense that “Defendant has made
payments to Plaintiff and/or one of its agents or representatives, which payments have not been
properly credited to the subject loan or the purported balance being sought by this Plaintiff,”
(Answer, Aff. Defs. § 17) please identify (a) all facts that support Your defense; (b) all witnesses
with knowledge of those facts; and (c) all documents to support Your defense.
PLAINTIFF’S FIRST INTERROGATORIES TO DEFENDANT - Page 3
ANSWER;
Will supplement.
INTERROGATORY
NO, 4; With respect to Your affirmative defense that “Plaintiff failed to
provide Defendant prior to the sale with a description of any liability for a deficiency, a telephone
number at which he could obtain information regarding the amount needed to redeem the
collateral, a telephone number or mailing address from which additional information concerning
the disposition and obligation secured is available,” (Answer, Aff. Defs. § 19) please identify (a)
all facts that support Your defense; (b) all witnesses with knowledge of those facts; and (c) all
documents to support Your defense.
ANSWER:
Will supplement.
INTERROGATORY
NO, 5; With respect to Your affirmative defense that “Plaintiff has failed
to take commercially reasonable and appropriate measures to mitigate its damages, and as such is
barred from such a recovery,” (Answer, Aff. Defs. § 2) please identify (a) all facts that support
Your defense; (b) all witnesses with knowledge of those facts; and (c) all documents to support
Your defense.
ANSWER;
Will supplement.
INTERROGATORY
NO, 6; With respect to Your affirmative defense that “Plaintiffs purported
claim is barred by the equitable doctrine of estoppel and/or laches,” (Answer, Aff. Defs. § 5) please
identify (a) all facts that support Your defense; (b) all witnesses with knowledge of those facts;
and (c) all documents to support Your defense.
ANSWER;
Will supplement.
PLAINTIFF’S FIRST INTERROGATORIES TO DEFENDANT - Page 4
10
INTERROGATORY
NO, 7; With respect to Your affirmative defense that “Plaintiffs purported
claim is barred by the doctrine of waiver,” (Answer, Aff. Defs. § 6) please identify (a) all facts that
support Your defense; (b) all witnesses with knowledge of those facts; and (c) all documents to
support Your defense.
ANSWER:
Will supplement,
INTERROGATORY
NO, 8; With respect to Your affirmative defense that “Plaintiff's purported
claim is barred for failure to meet conditions precedent to the bringing of this lawsuit,” (Answer,
Aff. Defs. § 7) please identify (a) all facts that support Your defense; (b) all witnesses with
knowledge of those facts; and (c) all documents to support Your defense.
ANSWER:
Will supplement.
INTERROGATORY
NO. 9; With respect to Your affirmative defense that “Plaintiff is barred
from recovering any damages in that Plaintiff breached the parties’ contract, and was in fact the
first to breach said contract,” (Answer, Aff. Defs. J 8) please identify (a) all facts that support Your
defense; (b) all witnesses with knowledge of those facts; and (c) all documents to support Your
defense.
ANSWER;
Will supplement.
INTERROGATORY
NO, 10; With respect to Your affirmative defense that “Plaintiff breached
the implied covenant of good faith, fair dealing, and commercial reasonableness, and is therefore
barred from any recovery of alleged damages in this case,” (Answer, Aff. Defs. § 9) please identify
(a) all facts that support Your defense; (b) all witnesses with knowledge of those facts; and (c) all
documents to support Your defense.
PLAINTIFF’S FIRST INTERROGATORIES TO DEFENDANT - Page 5
1
ANSWER;
Will supplement.
INTERROGATORY
NO. 11; With respect to Your affirmative defense that “Plaintiff's claims
are barred to the extent they are prohibited and/or limited by the doctrine of unjust enrichment,
including but not limited to the degree the guaranty is unfairly one sided and based upon unequal
knowledge or bargaining power and/or to the degree Plaintiff seeks relief that is unearned or
unmerited and would constitute a windfall,” (Answer, Aff. Defs. § 11) please identify (a) all facts
that support Your defense; (b) all witnesses with knowledge of those facts; and (c) all documents
to support Your defense.
ANSWER:
Will supplement.
INTERROGATORY
NO, 12; With respect to Your affirmative defense that “Plaintiff's claims
are barred to the extent it made fraudulent and/or negligent misrepresentations prior to and at the
time the agreement and/or guaranty were executed by Defendant for purposes of inducing
execution,” (Answer, Aff. Defs. § 12) please identify (a) all facts that support Your defense; (b)
all witnesses with knowledge of those facts; and (c) all documents to support Your defense.
ANSWER:
Will supplement.
INTERROGATORY
NO, 13; With respect to Your affirmative defense that “Plaintiff's claims
are barred to the extent they would constitute an unenforceable penalty or are otherwise barred by
public policy,” (Answer, Aff. Defs. § 13) please identify (a) all facts that support Your defense;
(b) all witnesses with knowledge of those facts; and (c) all documents to support Your defense.
ANSWER;
Will supplement.
PLAINTIFF’S FIRST INTERROGATORIES TO DEFENDANT - Page 6
12
INTERROGATORY
NO, 14; With respect to Your affirmative defense that “Plaintiff was paid
in full, and further, Plaintiff's auctioning and sale of the subject collateral was improper and does
not provide a contractual basis for any damages and/or deficiency judgment against Defendant
pursuant to the alleged guaranty agreement(s),” (Answer, Aff. Defs. ] 14) please identify (a) all
facts that support Your defense; (b) all witnesses with knowledge of those facts; and (c) all
documents to support Your defense.
ANSWER;
Will supplement.
INTERROGATORY
NO, 15; With respect to Your affirmative defense that “Plaintiff's claims
of damages are unreasonable, exaggerated, and unnecessary,” (Answer, Aff. Defs. § 18) please
identify (a) all facts that support Your defense; (b) all witnesses with knowledge of those facts;
and (c) all documents to support Your defense.
ANSWER:
Will supplement.
INTERROGATORY
NO, 16; With respect to Your affirmative defense that “Plaintiff failed to
act in good faith and failed to deal fairly with Defendant in the subject transaction as is required
by Texas law, failed to provide Defendant with an accounting prior to repossession so he could
attempt to pay the debt, and failed to exercise good faith and diligence in disposing of the subject
collateral, and therefore there is no entitlement to any deficiency judgment,” (Answer, Aff. Defs.
4 20) please identify (a) all facts that support Your defense; (b) all witnesses with knowledge of
those facts; and (c) all documents to support Your defense.
PLAINTIFF’S FIRST INTERROGATORIES TO DEFENDANT - Page 7
13
ANSWER:
Will supplement.
INTERROGATORY
NO, 17; With respect to Your affirmative defense that “Defendant asserts
that Plaintiff has failed to state a cause of action upon which relief can be granted,” (Answer, Aff.
Defs. § 1) please identify (a) all facts that support Your defense; (b) all witnesses with knowledge
of those facts; and (c) all documents to support Your defense.
ANSWER:
Will supplement.
INTERROGATORY
NO, 18; With respect to Your affirmative defense that “Plaintiff's
purported claim is barred by the doctrine of unclean hands,” (Answer, Aff. Defs. 4] 4) please
identify (a) all facts that support Your defense; (b) all witnesses with knowledge of those facts;
and (c) all documents to support Your defense.
ANSWER:
Will supplement.
Respectfully submitted,
MAURICE WUTSCHER LLP
/s// Keith Wier
Keith Wier; SBN: 21436100
5851 Legacy Circle, Suite 600
Plano, Texas 75024
Telephone: (469) 375-6792
Telecopier: (888) 852-5729
Email: kwier@mauricewutscher.com
ATTORNEY FOR DEFENDANT, DAVID
PADRON, SR.
PLAINTIFF’S FIRST INTERROGATORIES TO DEFENDANT - Page 8
14
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing has been forwarded to
plaintiff and/or all counsel of record via electronic mail on this 8th day of March, 2024, as follows:
Jonathan D. Neerman, Esq.
Jackson Walker, LLP
2323 Ross Avenue, Suite 600
Dallas, TX 75201
jneerman@jw.com
Us// Keith Wier
Keith Wier
PLAINTIFF’S FIRST INTERROGATORIES TO DEFENDANT - Page 9
15
EXHIBIT D
CAUSE NO. DC-23-16266
TBK BANK, SSB, IN THE DISTRICT COURT
Plaintiff,
Vv. 134 JUDICIAL DISTRICT
DAVID PADRON, SR.,
Defendant. DALLAS COUNTY, TEXAS
DEFENDANT'S
ANSWERS TO PLAINTIFE’S
Pursuant to Rule 198 of the Texas Rules of Civil Procedure, Defendant, David Padron, Sr.,
hereby serves its Responses to Plaintiff's first requests for admission (the “Requests”).
The following definitions and instructions shall apply to the Requests:
I
DEFINITIONS
1 “TBK ” means TBK Bank, SSB as well as all agents, representatives, employees,
and all other persons acting on its behalf.
2 “Padron,” “You,” and “Your” means David Padron, Sr. and any other persons
acting on his behalf.
3 “Unique ” means Unique Freight Lines, Inc. as well as all agents, representatives,
employees, and all other persons acting on its behalf.
4 “Lawsuit” means Cause No. DC-23-16266 pending in the 134" Judicial District
Court, Dallas County, Texas.
2 “Petition” means Plaintiff TBK’s Original Petition filed on September 22, 2023 to
initiate the Lawsuit.
6. The terms “relating, 99 66 related,” or
“relates” mean, in addition to the customary and
usual meaning of the terms, discussing, referring to, pertaining to, evidencing, showing, recording,
or tending to show, in any probative manner, the existence or nonexistence of a matter.
7
When appropriate in the context of a request, singular shall mean plural and vice
versa.
8 The terms “and” and “or shall be interpreted in every instance to mean “and/or”
and shall not be interpreted disjunctively to exclude any information otherwise within the scope of
PLAINTIFF’S FIRST REQUESTS FOR ADMISSION TO DEFENDANT - Page 1
16
any request.
9 All other defined terms not expressly mentioned in the foregoing take on the
definition given them in the Petition.
IL.
INSTRUCTIONS
1 You are to answer all requests for admissions pursuant to Texas Rule of Civil
Procedure 198.
2 In answering these requests for admissions, you are required to admit or deny the
truth of each of the matters set forth of which an admission is requested. If you cannot admit the
truth of any matter for which and admission is requested, you must specifically deny the matter or
set forth in detail the reasons why you cannot truthfully admit or deny the matter. If you must
qualify your answer or deny only a part of the matter of which an admission is requested, you must
specify so much of the matter as is true and qualify or deny the remainder. If objection is made to
any request for admission, you must state the reason for object. If you claim that you lack
information or knowledge sufficient to admit or deny a matter, you must state that you have made
reasonable inquiry and that the information known or readily obtainable by you is insufficient to
enable you to admit or deny the request.
3 Each request for admission should be answered in the space provided, or in a
separate document, restate each request for admission followed by your answer, by admitting,
specifically denying, or setting forth detailed reasons why you cannot truthfully admit or deny the
matter.
IIL.
REQUESTS FOR ADMISSION
REQUEST
NO, 1; Admit that You executed the Unconditional Guaranty, attached as Exhibit
A to the Petition.
RESPONSE;
Admit that Exhibit A speaks for itself under the Best Evidence rule; otherwise, denied.
REQUESTNO.2; Admit that You executed the First Loan Agreement, attached as
Exhibit B
to the Petition, in Your role as “President” of Unique.
RESPONSE;
Admit that Exhibit B speaks gor itself under the Best Evidence Rule; otherwise denied.
REQUEST
NO, 3: Admit that You executed the Second Loan Agreement, attached as Exhibit
PLAINTIFF’S FIRST REQUESTS FOR ADMISSION TO DEFENDANT - Page 2
17
C to the Petition, in Your role as “President” of Unique.
RESPONSE;
Admit that Exhibit C speaks for itself under the Best Evidence Rule; otherwise denied
REQUEST
NO, 4: Admit that You executed the Third Loan Agreement, attached as Exhibit D
to the Petition, in Your role as “President” of Unique.
RESPONSE;
Admit that Exhibit D speaks for itself under the Best Evidence Rule; otherwise denied.
REQUEST
NO, 5; Admit that You executed the Fourth Loan Agreement, attached as Exhibit
E to the Petition, in Your role as “President” of Unique.
RESPONSE;
Admit hat Exhibit E speaks for itself under the Best Evidence Rule; otherwise denied.
REQUEST
NO, 6; Admit that the final payment You or Unique paid to TBK pursuant to the
First Loan Agreement was made on November 1, 2022.
RESPONSE:_
Unknown at this time due to lack of information. Defendant will supplement this answer.
REQUEST
NO, 7: Admit that neither You nor Unique have made another payment to TBK
pursuant to the First Loan Agreement since November 1, 2022.
RESPONSE:
Unknown due to lack of information after making a diligent search of our records. Will supplement.
REQUEST
NO. 8; Admit that the final payment You or Unique paid to TBK pursuant to the
Second Loan Agreement was made on December 30, 2022.
RESPONSE:
Unknown due to lack of information after making a diligent search of our records. Will supplement.
PLAINTIFF’S FIRST REQUESTS FOR ADMISSION TO DEFENDANT - Page 3
18
REQUEST
NO, 9; Admit that neither You nor Unique have made another payment to TBK
pursuant to the Second Loan Agreement since December 30, 2022.
RESPONSE;
Unknown due to lack of information after making a diligent search of our records. Will supplement.
REQUEST NO,10; Admit that the final payment You or Unique paid to TBK pursuant to the
Third Loan Agreement was made on December 30, 2022.
RESPONSE:
Unknown due to lack of information after making a diligent search of our records. Will supplement.
REQUEST
NO, 11; Admit that neither You nor Unique have made another payment to TBK
pursuant to the Third Loan Agreement since December 30, 2022.
RESPONSE;
Unknown due to lack of information after making a diligent search of our records. Will supplement.
REQUEST
NO. 12; Admit that the final payment You or Unique paid to TBK pursuant to the
Fourth Loan Agreement was made on December 30, 2022.
RESPONSE;
Unknown due to lack of information after making a diligent search of our records. Will supplement.
REQUEST
NO, 13: Admit that neither You nor Unique have made another payment to TBK
pursuant to the Fourth Loan Agreement since December 30, 2022.
RESPONSE;
Unknown due to lack of information after making a diligent search of our records. Will supplement.
REQUEST
NO, 14; Admit that You failed to make payments in an individual capacity that were
due and owing on the First Loan Agreement pursuant to the Unconditional Guaranty.
RESPONSE:
Unknown due to lack of information after making a diligent search of our records. Will supplement.
REQUEST NO.15; Admit that You failed to make payments in an individual capacity that were
PLAINTIFF’S FIRST REQUESTS FOR ADMISSION TO DEFENDANT - Page 4
19
due and owing on the Second Loan Agreement pursuant to the Unconditional Guaranty.
RESPONSE:
Unknown due to lack of information after making a diligent search of our records. Will supplement.
REQUESTNO.16; Admit that You failed to make payments in an individual capacity that were
due and owing on the Third Loan Agreement pursuant to the Unconditional Guaranty.
RESPONSE;
Unknown due to lack of information after making a diligent search of our records. Will supplement.
REQUEST NO,17; Admit that You failed to make payments in an individual capacity that were
due and owing on the Fourth Loan Agreement pursuant to the Unconditional Guaranty.
RESPONSE;
Unknown due to lack of information after making a diligent search of our records. Will supplement.
Respectfully submitted,
MAURICE WUTSCHER LLP
/s// Keith Wier
Keith Wier; SBN: 21436100
5851 Legacy Circle, Suite 600
Plano, Texas 75024
Telephone: (469) 375-6792
Telecopier: (888) 852-5729
Email: kwier@mauricewutscher.com
ATTORNEY FOR DEFENDANT, DAVID
PADRON, SR.
PLAINTIFF’S FIRST REQUESTS FOR ADMISSION TO DEFENDANT - Page 5
20
CERTIFICATE OF SERVICE
Thereby certify that a true and correct copy of the above and foregoing has been forwarded to
plaintiff and/or all counsel of record via electronic mail on this 8th day of March, 2024, as follows:
Jonathan D. Neerman, Esq.
Jackson Walker, LLP
2323 Ross Avenue, Suite 600
Dallas, TX 75201
jneerman@jw.com
Us Keith Wier
Keith Wier
PLAINTIFF’S FIRST REQUESTS FOR ADMISSION TO DEFENDANT - Page 6
21
EXHIBIT E
Johnson, Matt
From: Keith Wier
Sent: Monday, April 15, 2024 2:50 PM
To: Johnson, Matt
Cc: Neerman, Jonathan
Subject: Re: Padron
Caution: **External Email.
I am still trying to get some documents from the client. He is supposed to get back to me this week. Thanks.
Keith Wier
Maurice Wutscher LLP
5851 Legacy Circle, Suite 600
Plano Texas 75024
Direct: 469-375-6792
Mobile: 713-503-0529
Email: kwier@MauriceWutscher.com
www.mauricewutscher.com
Admitted to practice in Texas
CALIFORNIA | FLORIDA | ILLINOIS | INDIANA | MASSACHUSETTS | NE
Preview
FILED 4/16/2024 11:19 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Jenifer Trujillo DEPUTY CAUSE NO. DC-23-16266 TBK BANK, SSB, § IN THE DISTRICT COURT § Plaintiff, v. 134" JUDICIAL DISTRICT DAVID PADRON, SR., § Defendants. DALLAS COUNTY, TEXAS PLAINTIFF’S MOTION TO COMPEL ADE UATE DISCOVERY RESPONSES TO THE HONORABLE COURT: TBK Bank, SSB (“TBK” or “Plaintiff’), Plaintiff in the above-captioned cause, files this Motion to Compel Adequate Discovery Responses from David Padron, Sr. (“Padron” or “Defendant”, and in support thereof would respectfully show this Court, as follows: 1. FACTUAL BACKGROUND On January 16, 2024, TBK served its First Requests for Admission to Defendant, and its First Interrogatories to Defendant. Pursuant to Rules 197.2(a) and 198.2(a) of the Texas Rules of Civil Procedure, Defendant’s deadline to respond to TBK’s First Requests for Admission and its First Interrogatories (the “Discovery Requests”) was February 15, 2024. Defendant requested and TBK granted the following extensions for Defendant to respond to TBK’s Discovery Requests: 1) A two-week extension from February 15 to February 29. Exhibit A at 3-4. 2) A four-day extension from February 29 to March 5. /d. at 1. 3) A three-day extension from March 5 to March 8. Exhibit B at 1-2. On March 8, 2024, Defendant served its responses to the Discovery Requests, attached as Exhibits C and D. In Defendant’s email serving responses to the Discovery Requests, Defendant’s counsel noted that the responses were “incomplete” and that he planned to “supplement these 'BK’S MOTION TO COMPEL ADEQUATE DISCOVERY RESPONSES — Page 1 responses.” Exhibit E at 9.! TBK followed up on Defendant’s possible supplementation on March 12 and again on March 27. Jd. at 6-8. On March 12, TBK noted that it would like to avoid Court intervention if possible. /d. at 8. On April 2, TBK sent a draft motion to compel adequate discovery responses and, again, requested Defendant provide sufficient responses to the discovery requests. /d. at 6. On April 3, Defendant asked for an extension to April 12 to provide adequate discovery responses. /d. at 4. Plaintiff granted that extension. /d. at 3. To date, Defendant has yet to supplement or amend his responses to the Discovery Requests to bring them into conformity with the Texas Rules of Civil Procedure. 2. ARGUMENT AND AUTHORITIES 2.1. Legal Standard. Any party is entitled to discovery on all non-privileged documents and communications that appears “reasonably calculated to lead to the discovery of admissible evidence.” Tex. R. Civ. Proc. 192.3; Eli Lilly & Co. v. Marshall, 850 S.W.2d 155, 160 (Tex. 1993). “The ‘relevant to the subject matter’ and ‘reasonably calculated to lead to admissible evidence’ tests are liberally construed to allow the litigants to obtain the fullest knowledge ofthe facts and issues prior to trial.” See Axelson, Inc. v. Mcllhany, 798 S.W.2d 550, 553 (Tex. 1990). The burden falls squarely on the party resisting discovery to establish the basis for avoiding the discovery being sought and to produce evidence supporting that claim. See G.M. Corp. v. Tanner, 892 S.W.2d 862, 863 (Tex. 1995). The Texas Rule of Civil Procedure 193.5 imposes a duty to amend or supplement responses to written discovery “if a party learns that the party’s ' Exhibit E contains redactions of information unrelated to Defendant’s responses to TBK’s Discovery Requests. 'BK’S MOTION TO COMPEL ADEQUATE DISCOVERY RESPONSES — Page 2 response to written discovery was incomplete when made, or although complete and correct when made, is no longer complete and correct.” Tex. R. Civ. P. 193.5(a). 2.2. The Court Should Compel Adequate Responses to TBK’s First Interrogatories. Texas Rule of Civil Procedure 197.2(b) requires that a response to interrogatories “must include the party’s answers to the interrogatories. .. .” Tex. R. Civ. P. 197.2(b) (emphasis added). TBK served 18 interrogatories on Defendant. Exhibit C. Defendant sufficiently responded to Interrogatory No. 1. Exhibit C at 3. In response to Interrogatory Nos. 2-18, Defendant uniformly responded with “Will supplement.” Exhibit C at 3-8. Defendant’s responses do not answer the interrogatories posed and to date Defendant has failed to supplement his responses. The Court, therefore, should compel Defendant to adequately respond to TBK’s First Interrogatories Nos. 2— 18. 2.3. The Court Should Compel Adequate Responses to TBK’s First Requests for Admission. Texas Rule of Civil Procedure 198.2(b) requires that a response to requests for admission “must specifically admit or deny the request or explain in detail the reasons that the responding party cannot admit or deny the request.” Tex. R. Civ. P. 198.2(b) (emphasis added). Further, the Rule states that “[l]ack of information or knowledge is not a proper response unless the responding party states that a reasonable inquiry was made but that the information known or easily obtainable is insufficient to enable the responding party to admit or deny.” /d. With respect to requests for admission, “an evasive or incomplete answer may be treated as a failure to answer.” Tex. R. Civ. P. 215.4(a). If the answers do not comply with Rule 198, the Court “may order either that the matter is admitted or that an amended answer be served.” Jd. TBK served 17 requests for admission on Defendant. Exhibit D. In response to Request for Admission No. 6, Defendant responded with “Unknown at this time due to lack of information. 'BK’S MOTION TO COMPEL ADEQUATE DISCOVERY RESPONSES — Page 3 Defendant will supplement this answer.” Exhibit D at 3. In response to Request for Admission Nos. 7-17, Defendant uniformly responded with “Unknown due to lack of information after making a diligent search of our records. Will supplement.” Exhibit D at 3-5. Request Nos. 6-17 inquire whether or not Defendant made payments under the loan agreements his business entered into with TBK and he guaranteed. The information needed to determine whether payments are easily obtainable through bank records. Defendant has had nearly four months to review those records since the service of the Discovery Requests. Defendant responses do not properly admit or deny the requests for admission served and to date Defendant has failed to supplement his responses. The Court, therefore, should order that Request Nos. 6-17 are deemed admitted or, alternatively, compel Defendant to adequately respond to Request Nos. 6-17. 2.4, The Court Should Award TBK its Fees Related to This Motion. When a party seeks an order (1) compelling discovery for failure to “serve answers or objections to interrogatories submitted under Rule 197, after proper service of the interrogatories” (Tex. R. Civ. P. 215.1(b)(3)(A)) or (2) determining the sufficiency of responses to requests for admissions (Tex. R. Civ. P. 215.4(a)), the moving party may seek its fees from the party whose conduct necessitated the motion. Tex. R. Civ. P. 215.1(d). Ifthe motion is granted the court shall, after opportunity for hearing, require a party or deponent whose conduct necessitated the motion or the party or attorney advising such conduct or both of them to pay, at such time as ordered by the court, the moving party the reasonable expenses incurred in obtaining the order, including attorney fees, unless the court finds that the opposition to the motion was substantially justified or that other circumstances make an award of expenses ‘unjust. Id. (emphasis added). Plaintiff has communicated with Defendant’s counsel over the past four months to secure responses to the Discovery Requests. Despite three extensions and providing BK’S MOTION TO COMPEL ADEQUATE DISCOVERY RESPONSES — Page 4 Defendant ample time to supplement its responses, the responses remain—in counsel for Defendant’s own word. “incomplete.” Because Defendant’s responses are evasive and incomplete, Defendant’s responses to the discovery requests should be “treated as a failure to answer.” See Tex. R. Civ. P. 215.1(c). TBK, therefore, respectfully requests its fees incurred in connection with seeking responses to the Discovery Requests and in preparation of this Motion. 3. PRAYER WHEREFORE, for the foregoing reasons, TBK respectfully requests that the Court grant this Motion, enter an order (1) compelling Defendant to adequately respond to TBK’s First Interrogatories Nos. 2-18, (2) deeming that Defendant has admitted Request for Admission Nos. 6-17, or, alternatively, compel Defendant to adequately respond to Request for Admission Nos. 6-17, and (3) awarding TBK its reasonable attorneys’ fees incurred in preparing this motion and seeking adequate responses to the Discovery Requests. BK’S MOTION TO COMPEL ADEQUATE DISCOVERY RESPONSES — Page 5 Dated: April 16, 2024. Respectfully submitted, By: /s/Jonathan D. Neerman Jonathan D. Neerman State Bar No. 24037165 jneerman@jw.com Matt M. Johnson State Bar No. 24108781 mjohnson@jw.com JACKSON WALKER L.L.P. 2323 Ross Avenue, Ste. 600 Dallas, Texas 75201 Direct Phone (214) 953-5664 Direct Fax: (214) 661-6899 ATTORNEYS FOR PLAINTIFF CERTIFICATE OF CONFERENCE Counsel for movant has personal attempted to contact the counsel for respondent to resolve the matters presented via email on March 12, 2024, March 27, 2024, April 2, 2024, and April 15, 2024. After each attempt, counsel for respondent failed to resolve the matters presented. Counsel for the movant has caused to be delivered to counsel for respondent and counsel for respondent has received a copy of the proposed motion. At least one attempt to contact the counsel for respondent followed the receipt by counsel for respondent of the proposed motion. Counsel for respondent has failed to attempt to resolve the matters presented. . /s/ Matt M. Johnson Matt M. Johnson CERTIFICATE OF SERVICE T hereby certify that a true and correct copy of the above and foregoing was served upon all known counsel of record in this cause in accordance with the Texas Rules of Civil Procedure on this 16" day of April, 2024. /s/ Matt M. Johnson Matt M. Johnson BK’S MOTION TO COMPEL ADEQUATE DISCOVERY RESPONSES — Page 6 EXHIBIT A Johnson, Matt From: Johnson, Matt Sent: Friday, March 1, 2024 5:49 PM To: Keith Wier Subject: RE: Padron matter Agreed. Please keep us updated on Tuesday and let me know if you need an email address adjusted. Best, Matt Johnson 2323 Ross Avenue, Suite 600 | Dallas, TX | 75201 (214) 953-5897] mjohnson@jw.com | Bio Jackson Walkar LF From: Keith Wier Sent: Friday, March 1, 2024 5:47 PM To: Johnson, Matt Subject: Re: Padron matter Caution: **External Email. I’m in the process of changing back to my prior firm. May I have until Tuesday? Get Outlook for iOS From: Johnson, Matt Sent: Friday, March 1, 2024 5:27:20 PM To: Keith Wier ; Neerman, Jonathan Cc: Molly Lahmers Subject: RE: Padron matter Keith, I’m writing to check on the status of Mr. Padron’s responses to TBK’s Requests for Admission and Interrogatories that we served on January 16. We provided an extension to February 29, but I did not notice you serving any responses yesterday. Please advise when you intend to serve the discovery responses. We would like to keep the case moving and intend to seek relief from the Court if we don’t hear back on this by next Wednesday. On another note, you and Molly should have received a ShareFile invite email in order to download TBK’s first document production. Once you have an account, you should be able to access this secure link: https://jacksonwalker.sharefile.com/f/fo08c492-8aa5-4450-aa1 5-24693b737dc9 Please let me know if you have any problems accessing the file. 1 Best, Matt Johnson 2323 Ross Avenue, Suite 600 | Dallas, TX | 75201 (214) 953-5897] miohnson@jw.com | Bio Jackson Walker LLP From: Keith Wier Sent: Thursday, February 15, 2024 9:54 AM To: Neerman, Jonathan Ce: Molly Lahmers ; Johnson, Matt Subject: RE: Padron matter | Caution: **External Email. Take care when opening links or opening attachments. Will do. Thank you. (Please copy my paralegal, Molly Lahmers (molly@albinoldnerlaw.com) on all communications.) Sincerely, Keith Wier Attorney ALBIN OLDNER L TRUSTED ADVISERS ALBIN OLDNER LAW, PLLC Starwood Office Building 5665 Dallas Parkway, Suite 200 Frisco, Texas 75034 214-423-5100 (tel) 214-423-5111 (fax) kwier@albinoldnerlaw.com www.albinoldnerlaw.com THIS TRANSMISSION MAY BE SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE, ATTORNEY WORK PRODUCT, OR STRICTLY CONFIDENTIAL. IF YOU ARE NOT THE INTENDED RECIPIENT OF THIS MESSAGE, YOU MAY NOT DISCLOSE, PRINT, COPY OR DISSEMINATE THIS INFORMATION. IF YOU HAVE RECEIVED THIS IN ERROR, PLEASE REPLY AND NOTIFY THE SENDER (ONLY) AND DELETE THE MESSAGE. UNAUTHORIZED INTERCEPTION OF THIS E-MAIL IS A VIOLATION OF FEDERAL CRIMINAL LAW From: Neerman, Jonathan Sent: Thursday, February 15, 2024 9:53 AM To: Keith Wier Cc: Molly Lahmers ; Johnson, Matt Subject: RE: Padron matter Keith, My apologies. | didn’t see this email yesterday. No objection. And going forward, please include my colleague, Matt Johnson on emails. Thanks, Jonathan Jonathan Neerman 2323 Ross Avenue, Suite 600 Dallas, TX 75201 V: (214) 953-5664 | F: (214) 661-6899 | jneerman@jw.com Jackson Walker LiF From: Keith Wier Sent: Thursday, February 15, 2024 9:49 AM To: Neerman, Jonathan Cc: Molly Lahmers Subject: RE: Padron matter | Caution: **External Email. Take care when opening links or opening attachments. Can | get a response? (Please copy my paralegal, Molly Lahmers (molly@albinoldnerlaw.com) on all communications.) Sincerely, Keith Wier Attorney ALBIN OLDNER LAW TRUSTED ADVISERS ALBIN OLDNER LAW, PLLC Starwood Office Building 5665 Dallas Parkway, Suite 200 Frisco, Texas 75034 214-423-5100 (tel) 214-423-5111 (fax) kwier@albinoldnerlaw.com www.albinoldnerlaw.com THIS TRANSMISSION MAY BE SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE, ATTORNEY WORK PRODUCT, OR STRICTLY CONFIDENTIAL. IF YOU ARE NOT THE INTENDED RECIPIENT OF THIS MESSAGE, YOU MAY NOT DISCLOSE, PRINT, COPY OR DISSEMINATE THIS INFORMATION. IF YOU HAVE RECEIVED THIS IN ERROR, PLEASE REPLY AND NOTIFY THE SENDER (ONLY) AND DELETE THE MESSAGE. UNAUTHORIZED INTERCEPTION OF THIS E-MAIL IS A VIOLATION OF FEDERAL CRIMINAL LAW From: Keith Wier Sent: Wednesday, February 14, 2024 9:48 AM To: 'jneerman@jw.com' Cc: Molly Lahmers Subject: Padron matter M. Neerman, Our written discovery responses are due tomorrow by my calculation. May we have a two week extension of time to object or respond? | usually don’t make many objections. (Please copy my paralegal, Molly Lahmers (molly@albinoldnerlaw.com) on all communications.) Sincerely, Keith Wier Attorney ALBIN OLDNER LAW TRUSTED ADVISERS ALBIN OLDNER LAW, PLLC Starwood Office Building 5665 Dallas Parkway, Suite 200 Frisco, Texas 75034 214-423-5100 (tel) 214-423-5111 (fax) kwier@albinoldnerlaw.com www.albinoldnerlaw.com THIS TRANSMISSION MAY BE SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE, ATTORNEY WORK PRODUCT, OR STRICTLY CONFIDENTIAL. IF YOU ARE NOT THE INTENDED RECIPIENT OF THIS MESSAGE, YOU MAY NOT DISCLOSE, PRINT, COPY OR DISSEMINATE THIS INFORMATION. IF YOU HAVE RECEIVED THIS IN ERROR, PLEASE REPLY AND NOTIFY THE SENDER (ONLY) AND DELETE THE MESSAGE. UNAUTHORIZED INTERCEPTION OF THIS E-MAIL IS A VIOLATION OF FEDERAL CRIMINAL LAW EXHIBIT B Johnson, Matt From: Keith Wier Sent: Tuesday, March 5, 2024 12:28 PM To: Johnson, Matt Ce: Neerman, Jonathan Subject: Re: David Padron lawsuit Caution: **External Email. Understood. Thank you. On Mar 5, 2024, at 12:22 PM, Johnson, Matt wrote: Keith, That’s right we did not serve any requests for production. We will grant your extension to Friday but we can’t offer another extension after that. If we don’t have your responses by Friday, we will file a motion to compel on Monday, March 11. Best, Matt Johnson 2323 Ross Avenue, Suite 600 | Dallas, TX | 75201 (214) 953-5897 | mjohnson@jw.com | Bio From: Keith Wier Sent: Tuesday, March 5, 2024 11:34:28 AM To: Johnson, Matt Subject: David Padron lawsuit Caution: **External Email. Matt, Iam having some trouble reaching the client to go over the discovery requests. Would you mind giving me until Friday on this? Also, I did not see Request for Production. Did you serve any. I have admissions and Interrogatories. Thanks. Keith Wier Maurice Wutscher LLP 5851 Legacy Circle, Suite 600 Plano Texas 75024 Direct: 469-375-6792 Mobile: 713-503-0529 Email: kwier@MauriceWutscher.com www.mauricewutscher.com Admitted to practice in Texas CALIFORNIA | FLORIDA | ILLINOIS | INDIANA | MASSACHUSETTS | NEW JERSEY | NEW YORK | OHIO | PENNSYLVANIA | TEXAS | WASHINGTON, D.C. cfsblog.com www.MauriceWutscher.com CONFIDENTIALITY NOTICE: This communication (including any related attachments) may contain confidential and/or privileged material. Any unauthorized disclosure or use is prohibited. If you received this communication in error, please contact the sender immediately, and permanently delete the communication (including any related attachments) and permanently destroy any copies. IRS CIRCULAR 230 NOTICE: To the extent that this message or any attachment concerns tax matters, it is not intended to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed by law. EXHIBIT C CAUSE NO. DC-23-16266 TBK BANK, SSB, IN THE DISTRICT COURT Plaintiff, Vv. 134 JUDICIAL DISTRICT DAVID PADRON, SR., Defendant. DALLAS COUNTY, TEXAS DEEENDANT’S ANSWERS TO. PLAINTIFF'S INTERROGATORIES FIRST TO DEFENDANT Pursuant to Rule 197 of the Texas Rules of Civil Procedure, Defendant, David Padron, Sr., responds to Plaintiff's First Set of Interrogatories. I. INSTRUCTIONS 1 In answering these interrogatories, furnish all information which is not privileged, however obtained, including hearsay which is available to you, and information known by or in possession of yourself, your agents, attorneys, investigators, employees or other representatives, or appearing in your records. 2 If you cannot answer the following interrogatories in full after exercising due diligence to secure the full information to do so, so state and answer to the extent possible, specifying your inability to answer the remainder, stating whatever information or knowledge you have concerning the unanswered portion, and detailing what you did in attempting to secure the unknown information. 3 A question which seeks information contained in or information about or identification of any document or item may be answered by providing a copy of such document or item for inspection and copying or by furnishing a copy of such document or item without a Request for Production. 4 Where an individual interrogatory calls for an answer which involves more than one part, each part of the answer shall be clearly set out so that it is understandable. Moreover, if the spaces provided after each interrogatory are not sufficient, supplement any answer on a separate sheet of paper. 5 If you answer an interrogatory by referencing or producing records pursuant to Texas Rule of Civil Procedure 197.2(c), identify the responsive records by Bates number. See Tex. R. Civ. P. 197.2(c) (the records “must be specified in sufficient detail to permit the requesting party to locate and identify them as readily as the responding party.”). 6. These questions are continuing in nature and require supplemental answers in the PLAINTIFF’S FIRST INTERROGATORIES TO DEFENDANT - Page 1 7 event you or your attorney becomes aware of further information between the time your answers are given and the time of trial. You have a duty to supplement these Discovery Requests throughout this proceeding pursuant to the Texas Rules of Civil Procedure. Unless a different period is stated in a specific request, the relevant period for these Discovery Requests is July 1, 2021 to the present. I. DEFINITIONS The following definitions shall apply herein: 1 “TBK ” means TBK Bank, SSB as well as all agents, representatives, employees, and all other persons acting on its behalf. 2 “Padron,” “You,” and “Your” means David Padron, Sr. and any other persons acting on his behalf. 3 “Unique ” means Unique Freight Lines, Inc. as well as all agents, representatives, employees, and all other persons acting on its behalf. 4 “Lawsuit” means Cause No. DC-23-16266 pending in the 134th Judicial District Court, Dallas County, Texas. 5 “Petition” means Plaintiff TBK’s Original Petition filed on September 22, 2023 to initiate the Lawsuit. 6 The terms “and” and “or” shall be interpreted in every instance to mean “and/or” and shall not be interpreted disjunctively to exclude any information otherwise within the scope of any request. 7 “Communication” and/or “communications” shall mean and include any contact or act by which information or knowledge is transmitted or conveyed between two or more persons and includes, without limitation, written contacts (whether by letter, e-mail, text message, memoranda, telegram, telex or other document) and oral contacts (whether by face-to-face meetings, telephone conversations or otherwise). 8 “Identify” with respect to a person means to give the full name, address, and telephone number of the person or persons about whom inquiry is made. 9 “Identify” with respect to an entity means to give the entity’s full name, the contact person, address and telephone number. 10. “Identify” with respect to documents means to state (i) type of document; (ii) the general subject matter; (iii) the date of the document; (iv) the author(s), addressee(s), and recipient(s); (v) present location, and (vi) present custodian. Il. “Identify” or “identification” with respect to a communication means to state the identity of the persons involved or participating in the communication, the date of the communication, and the general subject matter of the communication. PLAINTIFF’S FIRST INTERROGATORIES TO DEFENDANT - Page 2 12. 6. The terms “relating, a ee, related,” or “relates” mean, in addition to the customary and usual meaning of the terms, discussing, referring to, pertaining to, evidencing, showing, recording, or tending to show, in any probative manner, the existence or nonexistence of a matter. 13 When appropriate in the context of a request, the singular shall mean the plural and vice versa. 14 Any term not specifically defined herein shall be given its ordinary meaning. 15 All other defined terms not expressly mentioned in the foregoing take on the definition given them in the Petition. Til INTERROGATORIES INTERROGATORY NO, 1; State the name, address, telephone number, and position or job title of all persons answering these requests. ANSWER: David Padron answered these written discovery requests with the assistance of his counsel. INTERROGATORY NO, 2; With respect to Your affirmative defense that “Plaintiff failed to perform the sale as required by law and failed to perform the sale in a commercially reasonable manner pursuant to the applicable Texas Statutes, and as such Plaintiff is barred from the recovery of any damages or deficiency judgment,” (Answer, Aff. Defs. J 16) please identify (a) all facts that support Your defense; (b) all witnesses with knowledge of those facts; and (c) all documents to support Your defense. ANSWER: Will supplement. INTERROGATORY NO, 3; With respect to Your affirmative defense that “Defendant has made payments to Plaintiff and/or one of its agents or representatives, which payments have not been properly credited to the subject loan or the purported balance being sought by this Plaintiff,” (Answer, Aff. Defs. § 17) please identify (a) all facts that support Your defense; (b) all witnesses with knowledge of those facts; and (c) all documents to support Your defense. PLAINTIFF’S FIRST INTERROGATORIES TO DEFENDANT - Page 3 ANSWER; Will supplement. INTERROGATORY NO, 4; With respect to Your affirmative defense that “Plaintiff failed to provide Defendant prior to the sale with a description of any liability for a deficiency, a telephone number at which he could obtain information regarding the amount needed to redeem the collateral, a telephone number or mailing address from which additional information concerning the disposition and obligation secured is available,” (Answer, Aff. Defs. § 19) please identify (a) all facts that support Your defense; (b) all witnesses with knowledge of those facts; and (c) all documents to support Your defense. ANSWER: Will supplement. INTERROGATORY NO, 5; With respect to Your affirmative defense that “Plaintiff has failed to take commercially reasonable and appropriate measures to mitigate its damages, and as such is barred from such a recovery,” (Answer, Aff. Defs. § 2) please identify (a) all facts that support Your defense; (b) all witnesses with knowledge of those facts; and (c) all documents to support Your defense. ANSWER; Will supplement. INTERROGATORY NO, 6; With respect to Your affirmative defense that “Plaintiffs purported claim is barred by the equitable doctrine of estoppel and/or laches,” (Answer, Aff. Defs. § 5) please identify (a) all facts that support Your defense; (b) all witnesses with knowledge of those facts; and (c) all documents to support Your defense. ANSWER; Will supplement. PLAINTIFF’S FIRST INTERROGATORIES TO DEFENDANT - Page 4 10 INTERROGATORY NO, 7; With respect to Your affirmative defense that “Plaintiffs purported claim is barred by the doctrine of waiver,” (Answer, Aff. Defs. § 6) please identify (a) all facts that support Your defense; (b) all witnesses with knowledge of those facts; and (c) all documents to support Your defense. ANSWER: Will supplement, INTERROGATORY NO, 8; With respect to Your affirmative defense that “Plaintiff's purported claim is barred for failure to meet conditions precedent to the bringing of this lawsuit,” (Answer, Aff. Defs. § 7) please identify (a) all facts that support Your defense; (b) all witnesses with knowledge of those facts; and (c) all documents to support Your defense. ANSWER: Will supplement. INTERROGATORY NO. 9; With respect to Your affirmative defense that “Plaintiff is barred from recovering any damages in that Plaintiff breached the parties’ contract, and was in fact the first to breach said contract,” (Answer, Aff. Defs. J 8) please identify (a) all facts that support Your defense; (b) all witnesses with knowledge of those facts; and (c) all documents to support Your defense. ANSWER; Will supplement. INTERROGATORY NO, 10; With respect to Your affirmative defense that “Plaintiff breached the implied covenant of good faith, fair dealing, and commercial reasonableness, and is therefore barred from any recovery of alleged damages in this case,” (Answer, Aff. Defs. § 9) please identify (a) all facts that support Your defense; (b) all witnesses with knowledge of those facts; and (c) all documents to support Your defense. PLAINTIFF’S FIRST INTERROGATORIES TO DEFENDANT - Page 5 1 ANSWER; Will supplement. INTERROGATORY NO. 11; With respect to Your affirmative defense that “Plaintiff's claims are barred to the extent they are prohibited and/or limited by the doctrine of unjust enrichment, including but not limited to the degree the guaranty is unfairly one sided and based upon unequal knowledge or bargaining power and/or to the degree Plaintiff seeks relief that is unearned or unmerited and would constitute a windfall,” (Answer, Aff. Defs. § 11) please identify (a) all facts that support Your defense; (b) all witnesses with knowledge of those facts; and (c) all documents to support Your defense. ANSWER: Will supplement. INTERROGATORY NO, 12; With respect to Your affirmative defense that “Plaintiff's claims are barred to the extent it made fraudulent and/or negligent misrepresentations prior to and at the time the agreement and/or guaranty were executed by Defendant for purposes of inducing execution,” (Answer, Aff. Defs. § 12) please identify (a) all facts that support Your defense; (b) all witnesses with knowledge of those facts; and (c) all documents to support Your defense. ANSWER: Will supplement. INTERROGATORY NO, 13; With respect to Your affirmative defense that “Plaintiff's claims are barred to the extent they would constitute an unenforceable penalty or are otherwise barred by public policy,” (Answer, Aff. Defs. § 13) please identify (a) all facts that support Your defense; (b) all witnesses with knowledge of those facts; and (c) all documents to support Your defense. ANSWER; Will supplement. PLAINTIFF’S FIRST INTERROGATORIES TO DEFENDANT - Page 6 12 INTERROGATORY NO, 14; With respect to Your affirmative defense that “Plaintiff was paid in full, and further, Plaintiff's auctioning and sale of the subject collateral was improper and does not provide a contractual basis for any damages and/or deficiency judgment against Defendant pursuant to the alleged guaranty agreement(s),” (Answer, Aff. Defs. ] 14) please identify (a) all facts that support Your defense; (b) all witnesses with knowledge of those facts; and (c) all documents to support Your defense. ANSWER; Will supplement. INTERROGATORY NO, 15; With respect to Your affirmative defense that “Plaintiff's claims of damages are unreasonable, exaggerated, and unnecessary,” (Answer, Aff. Defs. § 18) please identify (a) all facts that support Your defense; (b) all witnesses with knowledge of those facts; and (c) all documents to support Your defense. ANSWER: Will supplement. INTERROGATORY NO, 16; With respect to Your affirmative defense that “Plaintiff failed to act in good faith and failed to deal fairly with Defendant in the subject transaction as is required by Texas law, failed to provide Defendant with an accounting prior to repossession so he could attempt to pay the debt, and failed to exercise good faith and diligence in disposing of the subject collateral, and therefore there is no entitlement to any deficiency judgment,” (Answer, Aff. Defs. 4 20) please identify (a) all facts that support Your defense; (b) all witnesses with knowledge of those facts; and (c) all documents to support Your defense. PLAINTIFF’S FIRST INTERROGATORIES TO DEFENDANT - Page 7 13 ANSWER: Will supplement. INTERROGATORY NO, 17; With respect to Your affirmative defense that “Defendant asserts that Plaintiff has failed to state a cause of action upon which relief can be granted,” (Answer, Aff. Defs. § 1) please identify (a) all facts that support Your defense; (b) all witnesses with knowledge of those facts; and (c) all documents to support Your defense. ANSWER: Will supplement. INTERROGATORY NO, 18; With respect to Your affirmative defense that “Plaintiff's purported claim is barred by the doctrine of unclean hands,” (Answer, Aff. Defs. 4] 4) please identify (a) all facts that support Your defense; (b) all witnesses with knowledge of those facts; and (c) all documents to support Your defense. ANSWER: Will supplement. Respectfully submitted, MAURICE WUTSCHER LLP /s// Keith Wier Keith Wier; SBN: 21436100 5851 Legacy Circle, Suite 600 Plano, Texas 75024 Telephone: (469) 375-6792 Telecopier: (888) 852-5729 Email: kwier@mauricewutscher.com ATTORNEY FOR DEFENDANT, DAVID PADRON, SR. PLAINTIFF’S FIRST INTERROGATORIES TO DEFENDANT - Page 8 14 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing has been forwarded to plaintiff and/or all counsel of record via electronic mail on this 8th day of March, 2024, as follows: Jonathan D. Neerman, Esq. Jackson Walker, LLP 2323 Ross Avenue, Suite 600 Dallas, TX 75201 jneerman@jw.com Us// Keith Wier Keith Wier PLAINTIFF’S FIRST INTERROGATORIES TO DEFENDANT - Page 9 15 EXHIBIT D CAUSE NO. DC-23-16266 TBK BANK, SSB, IN THE DISTRICT COURT Plaintiff, Vv. 134 JUDICIAL DISTRICT DAVID PADRON, SR., Defendant. DALLAS COUNTY, TEXAS DEFENDANT'S ANSWERS TO PLAINTIFE’S Pursuant to Rule 198 of the Texas Rules of Civil Procedure, Defendant, David Padron, Sr., hereby serves its Responses to Plaintiff's first requests for admission (the “Requests”). The following definitions and instructions shall apply to the Requests: I DEFINITIONS 1 “TBK ” means TBK Bank, SSB as well as all agents, representatives, employees, and all other persons acting on its behalf. 2 “Padron,” “You,” and “Your” means David Padron, Sr. and any other persons acting on his behalf. 3 “Unique ” means Unique Freight Lines, Inc. as well as all agents, representatives, employees, and all other persons acting on its behalf. 4 “Lawsuit” means Cause No. DC-23-16266 pending in the 134" Judicial District Court, Dallas County, Texas. 2 “Petition” means Plaintiff TBK’s Original Petition filed on September 22, 2023 to initiate the Lawsuit. 6. The terms “relating, 99 66 related,” or “relates” mean, in addition to the customary and usual meaning of the terms, discussing, referring to, pertaining to, evidencing, showing, recording, or tending to show, in any probative manner, the existence or nonexistence of a matter. 7 When appropriate in the context of a request, singular shall mean plural and vice versa. 8 The terms “and” and “or shall be interpreted in every instance to mean “and/or” and shall not be interpreted disjunctively to exclude any information otherwise within the scope of PLAINTIFF’S FIRST REQUESTS FOR ADMISSION TO DEFENDANT - Page 1 16 any request. 9 All other defined terms not expressly mentioned in the foregoing take on the definition given them in the Petition. IL. INSTRUCTIONS 1 You are to answer all requests for admissions pursuant to Texas Rule of Civil Procedure 198. 2 In answering these requests for admissions, you are required to admit or deny the truth of each of the matters set forth of which an admission is requested. If you cannot admit the truth of any matter for which and admission is requested, you must specifically deny the matter or set forth in detail the reasons why you cannot truthfully admit or deny the matter. If you must qualify your answer or deny only a part of the matter of which an admission is requested, you must specify so much of the matter as is true and qualify or deny the remainder. If objection is made to any request for admission, you must state the reason for object. If you claim that you lack information or knowledge sufficient to admit or deny a matter, you must state that you have made reasonable inquiry and that the information known or readily obtainable by you is insufficient to enable you to admit or deny the request. 3 Each request for admission should be answered in the space provided, or in a separate document, restate each request for admission followed by your answer, by admitting, specifically denying, or setting forth detailed reasons why you cannot truthfully admit or deny the matter. IIL. REQUESTS FOR ADMISSION REQUEST NO, 1; Admit that You executed the Unconditional Guaranty, attached as Exhibit A to the Petition. RESPONSE; Admit that Exhibit A speaks for itself under the Best Evidence rule; otherwise, denied. REQUESTNO.2; Admit that You executed the First Loan Agreement, attached as Exhibit B to the Petition, in Your role as “President” of Unique. RESPONSE; Admit that Exhibit B speaks gor itself under the Best Evidence Rule; otherwise denied. REQUEST NO, 3: Admit that You executed the Second Loan Agreement, attached as Exhibit PLAINTIFF’S FIRST REQUESTS FOR ADMISSION TO DEFENDANT - Page 2 17 C to the Petition, in Your role as “President” of Unique. RESPONSE; Admit that Exhibit C speaks for itself under the Best Evidence Rule; otherwise denied REQUEST NO, 4: Admit that You executed the Third Loan Agreement, attached as Exhibit D to the Petition, in Your role as “President” of Unique. RESPONSE; Admit that Exhibit D speaks for itself under the Best Evidence Rule; otherwise denied. REQUEST NO, 5; Admit that You executed the Fourth Loan Agreement, attached as Exhibit E to the Petition, in Your role as “President” of Unique. RESPONSE; Admit hat Exhibit E speaks for itself under the Best Evidence Rule; otherwise denied. REQUEST NO, 6; Admit that the final payment You or Unique paid to TBK pursuant to the First Loan Agreement was made on November 1, 2022. RESPONSE:_ Unknown at this time due to lack of information. Defendant will supplement this answer. REQUEST NO, 7: Admit that neither You nor Unique have made another payment to TBK pursuant to the First Loan Agreement since November 1, 2022. RESPONSE: Unknown due to lack of information after making a diligent search of our records. Will supplement. REQUEST NO. 8; Admit that the final payment You or Unique paid to TBK pursuant to the Second Loan Agreement was made on December 30, 2022. RESPONSE: Unknown due to lack of information after making a diligent search of our records. Will supplement. PLAINTIFF’S FIRST REQUESTS FOR ADMISSION TO DEFENDANT - Page 3 18 REQUEST NO, 9; Admit that neither You nor Unique have made another payment to TBK pursuant to the Second Loan Agreement since December 30, 2022. RESPONSE; Unknown due to lack of information after making a diligent search of our records. Will supplement. REQUEST NO,10; Admit that the final payment You or Unique paid to TBK pursuant to the Third Loan Agreement was made on December 30, 2022. RESPONSE: Unknown due to lack of information after making a diligent search of our records. Will supplement. REQUEST NO, 11; Admit that neither You nor Unique have made another payment to TBK pursuant to the Third Loan Agreement since December 30, 2022. RESPONSE; Unknown due to lack of information after making a diligent search of our records. Will supplement. REQUEST NO. 12; Admit that the final payment You or Unique paid to TBK pursuant to the Fourth Loan Agreement was made on December 30, 2022. RESPONSE; Unknown due to lack of information after making a diligent search of our records. Will supplement. REQUEST NO, 13: Admit that neither You nor Unique have made another payment to TBK pursuant to the Fourth Loan Agreement since December 30, 2022. RESPONSE; Unknown due to lack of information after making a diligent search of our records. Will supplement. REQUEST NO, 14; Admit that You failed to make payments in an individual capacity that were due and owing on the First Loan Agreement pursuant to the Unconditional Guaranty. RESPONSE: Unknown due to lack of information after making a diligent search of our records. Will supplement. REQUEST NO.15; Admit that You failed to make payments in an individual capacity that were PLAINTIFF’S FIRST REQUESTS FOR ADMISSION TO DEFENDANT - Page 4 19 due and owing on the Second Loan Agreement pursuant to the Unconditional Guaranty. RESPONSE: Unknown due to lack of information after making a diligent search of our records. Will supplement. REQUESTNO.16; Admit that You failed to make payments in an individual capacity that were due and owing on the Third Loan Agreement pursuant to the Unconditional Guaranty. RESPONSE; Unknown due to lack of information after making a diligent search of our records. Will supplement. REQUEST NO,17; Admit that You failed to make payments in an individual capacity that were due and owing on the Fourth Loan Agreement pursuant to the Unconditional Guaranty. RESPONSE; Unknown due to lack of information after making a diligent search of our records. Will supplement. Respectfully submitted, MAURICE WUTSCHER LLP /s// Keith Wier Keith Wier; SBN: 21436100 5851 Legacy Circle, Suite 600 Plano, Texas 75024 Telephone: (469) 375-6792 Telecopier: (888) 852-5729 Email: kwier@mauricewutscher.com ATTORNEY FOR DEFENDANT, DAVID PADRON, SR. PLAINTIFF’S FIRST REQUESTS FOR ADMISSION TO DEFENDANT - Page 5 20 CERTIFICATE OF SERVICE Thereby certify that a true and correct copy of the above and foregoing has been forwarded to plaintiff and/or all counsel of record via electronic mail on this 8th day of March, 2024, as follows: Jonathan D. Neerman, Esq. Jackson Walker, LLP 2323 Ross Avenue, Suite 600 Dallas, TX 75201 jneerman@jw.com Us Keith Wier Keith Wier PLAINTIFF’S FIRST REQUESTS FOR ADMISSION TO DEFENDANT - Page 6 21 EXHIBIT E Johnson, Matt From: Keith Wier Sent: Monday, April 15, 2024 2:50 PM To: Johnson, Matt Cc: Neerman, Jonathan Subject: Re: Padron Caution: **External Email. I am still trying to get some documents from the client. He is supposed to get back to me this week. Thanks. Keith Wier Maurice Wutscher LLP 5851 Legacy Circle, Suite 600 Plano Texas 75024 Direct: 469-375-6792 Mobile: 713-503-0529 Email: kwier@MauriceWutscher.com www.mauricewutscher.com Admitted to practice in Texas CALIFORNIA | FLORIDA | ILLINOIS | INDIANA | MASSACHUSETTS | NE