BRANDON ROCKETT’S MOTION TOCOMPEL DISCOVERY ANDINTERROGATORIES TO PLAINTIFF,SET ONE

Brandon Rockett

11902 Highland Oaks Trail

Austin, TX 78759

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Defendant in pro per

IN THE COUNTY COURT AT LAW NO. 1

TRAVIS COUNTY, TEXAS

PROPOUNDING PARTY: Defendant BRANDON ROCKETT

RESPONDING PARTY: Plaintiff TOM HOSKINS

NOW COMES Brandon Rockett, and makes his Motion to Compel Discovery and Interrogatories to Plaintiff, Set One, and in support thereof would show this Honorable Court as follows:

1. Brandon Rockett moves this Court to order Plaintiff to produce and permit the inspection of and the copying and/or photographing of, by or on behalf of Brandon Rockett:
2. Flooring installation receipt/invoice;
3. Paint invoice;
4. Statement from the company hired to complete work detailing the work performed;
5. Any proof showing that Brandon Rockett agreed to make payment;
6. Any documentation showing proof of staying in a hotel or storage;
7. Invoice to replace 50sf of sod;
8. Inspection report from any expert who inspected the floor, stating that the wear layer was compromised;
9. Hotel receipts showing the date(s), time(s) and location(s) of Plaintiff and his family;
10. Any documentation stating that payment would not be made if the job was not completed within a specific timeframe;
11. Any documentation stating that Plaintiff is indeed the owner of the house on Bescott; and
12. Any other documentation relevant to Plaintiff’s claims in his countersuit that should have been presented at the abatement hearing and required by Judge Lancaster but failed to produce them.
13. The documents requested are in the exclusive possession, custody and control of Plaintiff, and Defendant has no other means of ascertaining the disclosure requested.
14. The documents and information are material to Defendant’s defense as he seeks to prove that the claims brought forth by Plaintiff are frivolous and that she isn’t entitled to any damages from Defendant.
15. Defendant cannot safely go to trial without such discovery and inspection, nor can Defendant prepare his defense against Plaintiff’s frivolous claims.
16. Absent such discovery, Defendant will be deprived of a fair trial and he will be prejudiced throughout the course of these proceedings since he will not be able to adequately prepare his defense.

REASONS WHEREFORE, Defendant respectfully requests this Honorable Court to grant this Motion for Discovery and Inspection of Evidence in all things, or in the alternative, that this Honorable Court will set this matter down for hearing prior to trial on the merits and that at such hearing, this Motion will be in all things granted.

Dated this ____ day of February, 2022.

Respectfully Submitted,

___________________________________

Brandon Rockett

Defendant in pro per

To Tom Hoskins and his attorney:

Defendant Brandon Rockett requests that Tom Hoskins responds to the following interrogatories separately and fully in writing and under oath, pursuant to Tex. R. Civ. P. 197, and that the Response be signed by the person making them and be served on Brandon Rockett, pursuant electronic service already agreed to by the parties, within 30 days from the date of service.

In answering these interrogatories, furnish all information that is available to you. If you cannot answer an interrogatory completely, answer it to the extent possible. If you do not have personal knowledge sufficient to respond fully to an interrogatory, so state, but make a reasonable and good faith effort to obtain the information by inquiry to other natural persons or organizations, unless the information is equally available to the propounding party.

INTERROGATORY NO. 1: What was the age and condition of the existing floor?

INTERROGATORY NO. 2: You told Brandon that your granddaughter caused a great deal of damage to the floors. Please explain how the floors were damaged and where the damage occurred.

INTERROGATORY NO. 3: Brandon repaired the floors several years before and recalled there being extra flooring left from the repair. You had supplied the materials for the repair. Why were these materials or any information regarding these materials not made available to Brandon at the time he started the job?

INTERROGATORY NO. 4: Do you believe the existing floor was a good match compared to the new upgrade that was being done to the house?

INTERROGATORY NO. 5: At any time before or during the job, did you ask to; or did Brandon agree to pay for hotel costs?

INTERROGATORY NO. 6: At any time before or during the job, did you ask to; or did Brandon agree to pay for storage of your personal things?

INTERROGATORY NO. 7: Did you ever discuss a deadline for Brandon to finish the job in order to get paid?

INTERROGATORY NO. 8: Brandon has asked you multiple times to provide any information on the existing flooring, once during the repair and again during the finishing. Have you been able to accommodate that request?

INTERROGATORY NO. 9: You informed Brandon via text message that you had no less than 3 flooring professionals (experts) inspect the floor. Do you have any documentation containing their report or written statement?

INTERROGATORY NO. 10: Did you ask Brandon to attend any meetings you had with anyone in regard to the appearance of the floors?

INTERROGATORY NO. 11: If you did have the floors replaced as you continuously claim, please specify actual flooring purchased and include a receipt of the purchase and invoice for the labor.

INTERROGATORY NO. 12: Do you still believe that the wear layer was compromised during the finishing of the floor?

Dated this 31^st day pf January, 2022.

Respectfully Submitted,

___________________________________

Brandon Rockett

Defendant in pro per

DECLARATION OF BRANDON ROCKETT

I, Brandon Rockett declare:

1. I am a party to this action or proceeding appearing in propria persona.
2. I am propounding to Plaintiff the attached set of interrogatories.
3. This is the first set of special interrogatories propounded by Brandon Rockett to Plaintiff.
4. I am familiar with the issues and the previous discovery conducted by all of the parties in the case.
5. I have personally examined each of the questions in this set of interrogatories.
6. None of the questions in this set of interrogatories is being propounded for any improper
7. purpose, such as to harass the party, or the attorney for the party, to whom it is directed, or to cause unnecessary delay or needless increase in the cost of litigation.

I declare under penalty of perjury under the laws of Texas that the foregoing is true and correct,

and that this declaration was executed on January 31^st, 2022.

Respectfully Submitted,

___________________________________

Brandon Rockett

Defendant in pro per

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