SUBPOENA
ISSUED IN THE NAME OF THE STATE OF TEXAS
Case No. 225200163817
| WILLIAM KITCHEN,
Plaintiff vs. TRACY JOSEPH, Defendant |
IN THE JUSTICE COURT OF
HARRIS COUNTY, TX PRECINCT 5, PLACE 2 |
TO ANY SHERIFF OR CONSTABLE OF THE STATE OF TEXAS OR OTHER PERSON AUTHORIZED TO SERVE AND EXECUTE SUBPOENAS AS PROVIDED IN TEXAS RULE OF CIVIL PROCEDURE 176.
YOU ARE HEREBY COMMANDED TO SUMMON the Custodian of Records of AIRBNB, INC, which is a California business that does business in Texas, whose statutory agent is CSC – Lawyers Incorporating Service, 2710 Gateway Oaks Drive Suite 150N, Sacramento, Ca 95833, on or before ___________, to produce and deliver for inspection and copying documents to be used as evidence in this case.
The Custodian of Records of AIRBNB, INC is commanded to produce and electronically deliver for inspection and copying: All chats and communications, complaints opened by guests, and records of damage to property the Defendant complained about to Airbnb.
Plaintiff is requesting these items be delivered electronically to Plaintiff at xxx@xxxxx.xxx AND send to Plaintiff’s address at 22720 Morton Ranch Rd #160-221 Katy, TX 77449.
Plaintiff can be reached at 602-487-0402 or at xxx@xxxxx.xxx if Airbnb, Inc. has any questions or needs to contact the Plaintiff to inquire how to deliver subpoenaed items.
This subpoena is issued at the insistance of the Plaintiff, in the above-referenced case.
Contempt. Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena is issued or a district court in the county in which the subpoena is served and may be punished by fine or confinement, or both. Tex. R. Civ. P. 176.8(a).
DO NOT FAIL to return this writ to Harris County Clerk, Harris County, Texas with either the attached officer’s return showing the manner of execution or the witness’s signed memorandum showing that the witness accepted the subpoena.
ISSUED on the _________ day of July, 2023.
WILLIAM KITCHEN
_____________
BY: William Kitchen
22720 Morton Ranch Rd #160-221
Katy, TX 77449
PROOF OF SERVICE
I accept service of the attached subpoena and will appear at the time and place directed in the subpoena.
Date: __________________________
__________________________________
(Signature of Witness)
OFFICER’S RETURN
I, , delivered a copy of the attached witness subpoena to __________________________, the Custodian of Records of AIRBNB, INC, in person at __________, on _____________________, 2023 at _______ o’clock _ m. and tendered the witness fee of $11.00 in cash.
I, ___________________________ was unable to deliver a copy of this witness subpoena to the Custodian of Records of AIRBNB, INC for the following reasons: _________________________________________________________________________
_________________________________________________________________________ .
BY: ________________________________
Person who is not a party and is 18 years of age or older.
AFFIDAVIT FOR BUSINESS RECORDS
STATE OF TEXAS §
COUNTY OF _____________ §
BEFORE ME, the undersigned authority, personally appeared _____________________________ who, being by me duly sworn, deposed as follows:
“My name is __________________________. I am of sound mind, capable of making this affidavit, and personally acquainted with the facts herein stated, which are true.
“I am the Custodian of Records of AIRBNB, INC. Attached hereto are ____________ pages of records from AIRBNB, INC. These said ____________ pages of records are kept by AIRBNB, INC in the regular course of business, and it was the regular course of business of AIRBNB, INC for an employee or representative of AIRBNB, INC, with knowledge of the act, event, condition, opinion, or diagnosis, recorded to make the record to transmit information thereof to be included in such record; and the record was made at or near the time or reasonably soon thereafter. The records attached hereto are the original or exact duplicates of the original.”
________________________________
Affiant
SIGNED under oath before me on the ____ day of _______________ 2023.
_________________________________
Notary Public, State of ________
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