Brandon Rockett
11902 Highland Oaks Trail
Austin, TX 78759
Phone | Fax
Defendant in pro per
IN THE COUNTY COURT AT LAW NO. 1
TRAVIS COUNTY, TEXAS
| TOM HOSKINS,Plaintiff,vs.BRANDON ROCKETT AND WYATT GILES, D/B/A ROCK SOLID CONSTRUCTION,Defendant | Case No.: C-1-CV-21-002401DEFENDANT BRANDON ROCKETT’S RESPONSE TO PLAINTIFF’S FIRST SET OF DISCOVERY REQUESTS |
NOW COMES Defendant Brandon Rockett, on his own behalf and on behalf of Rock Solid Construction, and hereby answers discovery requests propounded upon him by Plaintiff, Tom Hoskins, and avers as follows:
RESPONSES TO FIRST SET OF REQUESTS FOR ADMISSION
REQUEST FOR ADMISSION NO. 1: Please admit You and Defendant Wyatt Giles are partners in a general partnership using the name “Rock Solid Construction”.
RESPONSE: Defendant denies the above contention.
REQUEST FOR ADMISSION NO. 2: Please admit You were acting on behalf of Rock Solid Construction at all times relevant to the facts made the subject of this suit.
RESPONSE: Defendant admits the above contention.
REQUEST FOR ADMISSION NO. 3: Please admit Rock Solid Construction entered into an agreement with Plaintiff to perform certain home repair and construction services at the Property.
RESPONSE: Defendant admits the above contention.
REQUEST FOR ADMISSION NO. 4: Please admit You provided estimates for services to Plaintiff.
RESPONSE: Defendant admits the above contention.
REQUEST FOR ADMISSION NO. 5: Please admit the estimates for services you provided included fireplace removal.
RESPONSE: Defendant admits the above contention.
REQUEST FOR ADMISSION NO. 6: Please admit the estimates for services you provided included floor repair and matching for the gap left by the fireplace removal.
RESPONSE: Defendant admits the above contention.
REQUEST FOR ADMISSION NO. 7: Please admit the estimates for services you provided included installation of two (2) shelves above the fireplace.
RESPONSE: Defendant admits the above contention.
REQUEST FOR ADMISSION NO. 8: Please admit the estimates for services you provided included construction of built-in bench seating in the eat-in-kitchen area.
RESPONSE: Defendant admits the above contention.
REQUEST FOR ADMISSION NO. 9: Please admit the estimates for services you provided included installation of can lighting.
RESPONSE: Defendant admits the above contention.
REQUEST FOR ADMISSION NO. 10: Please admit the estimates for services you provided included baseboards.
RESPONSE: Defendant admits the above contention.
REQUEST FOR ADMISSION NO. 11: Please admit the estimates for services you provided included paint application on all areas indicated by Plaintiff.
RESPONSE: Defendant admits the above contention.
REQUEST FOR ADMISSION NO. 12: Please admit you entered into an agreement with Plaintiff whereby Plaintiff agreed to pay you for construction and repair services on October 10, 2020.
RESPONSE: Defendant admits the above contention.
REQUEST FOR ADMISSION NO. 13: Please admit you completed the fireplace removal and flooring patch by the fireplace on the property.
RESPONSE: Defendant admits the above contention.
REQUEST FOR ADMISSION NO. 14: Please admit you installed can lights, two (2) shelves, bench, and a few of the baseboards on the property.
RESPONSE: Defendant admits the above contention.
REQUEST FOR ADMISSION NO. 15: Please admit the floor patch was not completed properly on the property.
RESPONSE: Defendant denies the above contention.
REQUEST FOR ADMISSION NO. 16: Please admit Plaintiff allowed you to remedy the incorrectly finished patch by removing the shine off the rest of the downstairs flooring on the property.
RESPONSE: Defendant denies the above contention.
REQUEST FOR ADMISSION NO. 17: Please admit you quoted a price of $1,275.00 to repair the floors on the property.
RESPONSE: Defendant denies the above contention. The Price indicated was a change order, not a repair.
REQUEST FOR ADMISSION NO. 18: Please admit the repair to the floors required hand sanding and refinishing to a matte finish to match the patch on the property.
RESPONSE: Defendant denies the above contention. The work indicated was a change order, not a repair.
REQUEST FOR ADMISSION NO. 19: Please admit you requested Plaintiff to remove and/or store his furniture beginning on December 21, 2020.
RESPONSE: Defendant denies the above contention.
REQUEST FOR ADMISSION NO. 20: Please admit you told Plaintiff it would only take a few days to finish the floors on the property.
RESPONSE: Defendant admits the above contention.
REQUEST FOR ADMISSION NO. 21: Please admit you began work on finishing the floors on the property on December 27, 2020.
RESPONSE: Defendant admits the above contention.
REQUEST FOR ADMISSION NO. 22: Please admit you informed Plaintiff on January 2, 2021 that the floors were not finished on the property.
RESPONSE: Defendant admits the above contention.
REQUEST FOR ADMISSION NO. 23: Please admit the Property was uninhabitable due to the unfinished work on the property.
RESPONSE: Defendant denies the above contention.
REQUEST FOR ADMISSION NO. 24: Please admit Plaintiff routinely checked with you on the status of the work on the property.
RESPONSE: Defendant admits the above contention.
REQUEST FOR ADMISSION NO. 25: Please admit you used steel wool on the finish on the property.
RESPONSE: Defendant denies the above contention.
REQUEST FOR ADMISSION NO. 26: Please admit there was a white haze, as well as overspray in the finish on the property.
RESPONSE: Defendant denies the above contention.
REQUEST FOR ADMISSION NO. 27: Please admit you did not use drop clothes or other forms of protection on the floors while painting at the property.
RESPONSE: Defendant denies the above contention.
REQUEST FOR ADMISSION NO. 28: Please admit Plaintiff demanded that you stop painting until the floors were finished on the property.
RESPONSE: Plaintiff admitted the hazing was caused by paint (an inaccurate observation). The hazing seen on the finish was due to the aluminum Oxide that was inherent in the existing floor prior to defendant beginning work.
REQUEST FOR ADMISSION NO. 29: Please admit Plaintiff notified you on January 7, 2021, that he wanted to hire additional workers to help fix the problem on the property.
RESPONSE: Defendant admits the above contention.
REQUEST FOR ADMISSION NO. 30: Please admit you agreed to the additional help on the property.
RESPONSE: Defendant admits the above contention.
REQUEST FOR ADMISSION NO. 31: Please admit that after agreeing to additional help, you left the property without completing the work on the property.
RESPONSE: Defendant denies the above contention.
REQUEST FOR ADMISSION NO. 32: Please admit while leaving the property, you tracked paint from the bathroom to the back sliding door.
RESPONSE: Defendant admits the above contention.
REQUEST FOR ADMISSION NO. 33: Please admit the floors on the property had copious amount of overspray and paint which had been deposited throughout multiple layers of the polycoat in multiple locations through the property.
RESPONSE: Defendant denies the above contention.
REQUEST FOR ADMISSION NO. 34: Please admit the paint on the floors was unable to be removed on the property.
RESPONSE: Defendant denies the above contention.
REQUEST FOR ADMISSION NO. 35: Please admit you requested to be allowed the opportunity to fix the floors on the property by hand sanding.
RESPONSE: Defendant admits the above contention.
REQUEST FOR ADMISSION NO. 36: Please admit you texted Plaintiff on January 7, 2021, stating you were finished with all the work necessary to complete the project, except for cleaning the patio and a touch up around a 22-foot-high light fixture on the property.
RESPONSE: Defendant admits the above contention.
REQUEST FOR ADMISSION NO. 37: Please admit the floors were still covered with a white haze, paint overspray, and uneven finish on the property on January 18, 2021.
RESPONSE: Defendant denies the above contention.
REQUEST FOR ADMISSION NO. 38: Please admit the paint job on the property was substandard.
RESPONSE: Defendant denies the above contention.
REQUEST FOR ADMISSION NO. 39: Please admit you had no fewer than three opportunities to fix the damage you caused to the floors on the property.
RESPONSE: Defendant denies the above contention.
REQUEST FOR ADMISSION NO. 40: Please admit due to the work you did on the floors, the floors were unfixable and instead needed to be replaced on the property.
RESPONSE: Defendant denies the above contention.
REQUEST FOR ADMISSION NO. 41: Please admit you provided Plaintiff a recommended inspector to inspect your work done on the property.
RESPONSE: Defendant admits the above contention.
REQUEST FOR ADMISSION NO. 42: Please admit your recommended inspector confirmed the work was incorrectly performed and should have only taken a maximum of two days.
RESPONSE: Defendant denies the above contention.
REQUEST FOR ADMISSION NO. 43: Please admit your recommended inspector confirmed the cost to repair the damage done to the floors met or exceeded the cost of installing all new flooring throughout the downstairs of the property.
RESPONSE: Defendant denies the above contention.
REQUEST FOR ADMISSION NO. 44: Please admit you did not have a permit to dump toxic chemicals in the property’s side yard.
RESPONSE: Defendant denies the above contention.
REQUEST FOR ADMISSION NO. 45: Please admit Plaintiff has paid you $6,000.00 for completed work on the property.
RESPONSE: Defendant admits the above contention.
REQUEST FOR ADMISSION NO. 46: Please admit you have charge penalty interest.
RESPONSE: Defendant denies the above contention.
REQUEST FOR ADMISSION NO. 47: Please admit nothing in the agreement allows penalty interest charges.
RESPONSE: Defendant admits the above contention.
REQUEST FOR ADMISSION NO. 48: Please admit once your work was completed, you came back to the property, pounded on the door, repeatedly rang the doorbell, and would not leave the property until Plaintiff’s wife stated she would call the police.
RESPONSE: Defendant denies the above contention.
REQUEST FOR ADMISSION NO. 49: Please admit you have threatened to file a lien against the property.
RESPONSE: Defendant admits the above contention.
RESPONSES TO FIRST SET OF INTERROGATORIES
INTERROGATORY NO. 1: State the name, address, telephone, facsimile, and email address of the person (not his/her attorney) who is answering these interrogatories on behalf of Defendant or assisting in answering the interrogatories on behalf of Defendant.
RESPONSE:
INTERROGATORY NO. 2: Please provide a list of the names, address, telephone, facsimile, and email address of all persons you intend to call to testify at trial together with a brief statement of what the testimony will consist of.
RESPONSE: Not available at this time of discovery
INTERROGATORY NO. 3: Did you enter into an agreement with Plaintiff whereby Plaintiff agreed to pay amounts in exchange for home repair and construction services on the property? If your answer is “no”, describe the nature of your relationship with Plaintiff.
RESPONSE: Yes.
INTERROGATORY NO. 4: If you contend you did not breach the agreement or its terms, state the factual basis for your contention.
RESPONSE: Defendant fulfilled all his obligations in the agreement.
INTERROGATORY NO. 5: If you contend that not all conditions precedent have occurred, state the legal and factual basis for your contention.
RESPONSE: Plaintiff breached the terms of the agreement multiple times.
INTERROGATORY NO. 6: If you contend Plaintiff did not suffer damages for the breach of the agreement, state the factual basis for your contention.
RESPONSE: Defendant did not breach any term of the agreement. Plaintiff breached the terms of the agreement multiple times.
INTERROGATORY NO. 7: Please identify any and all lawsuits you have ever been a party to.
RESPONSE: Defendant has never been a party to a lawsuit prior to this case.
INTERROGATORY NO. 8: Please identify and describe any defenses you plan to assert to the claims asserted in this action.
RESPONSE: Plaintiff’s complaint fails to state claims upon which relief may be granted against Defendant. Defendant did not violate any provision of the Texas Deceptive Trade Practices Act. Defendant did not breach any contract. Defendant was not negligent in any way. Defendant did not commit any fraud. Any non-performance is excused through the doctrine of Force Majeure. Plaintiff is not entitled to any punitive/liquidated damages as Defendant did not act or fail to act in a manner sufficient to give rise to punitive/liquidated damages liability. Plaintiff has failed to mitigate his alleged damages. Defendant’s actions were in utmost good faith. All actions taken by Defendant with Respect to Plaintiff were supported by legitimate business reasons.
INTERROGATORY NO. 9: Please identify and describe any counterclaims you plan to assert in this action.
RESPONSE: Breach of contract.
INTERROGATORY NO. 10: Please identify all communications with any party regarding the property.
RESPONSE: Defendant hired a private inspector to determine if he had sanded through the wear layer.
INTERROGATORY NO. 11: Please identify any agreements or documents you are a party to regarding the property.
RESPONSE: The agreement between Plaintiff and Defendant as well as Invoice for work done.
INTERROGATORY NO. 12: Please identify all work done by you on the property.
RESPONSE: Demo fireplace up to the ceiling, frame up where needed and sheetrock tape float and texture walls to match, replacement of flooring where needed and procurement of matching materials or fabrication where needed, LED cans, bench/storage chest, addition of 3 dimmer switches, painting of interior, painting of cabinets in the kitchen, hand sanding and recoating the wooden floors with matte finish, moving drain in living parts, redirection of switches for kitchen and living room lighting, removal and replacement of old baseboards, removal of A/C vents, installation of 2 floating shelves, sanding and recoating floors due to information that was not made available by Plaintiff.
INTERROGATORY NO. 13: If your response to Request for Admission No. 1 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: Wyatt Giles has not been a member of Rock Solid Construction for more than six years now and Plaintiff is fully aware. This can be verified at the Travis County tax office.
INTERROGATORY NO. 14: If your response to Request for Admission No. 2 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: The foregoing request has been admitted.
INTERROGATORY NO. 15: If your response to Request for Admission No. 3 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: The foregoing request has been admitted.
INTERROGATORY NO. 16: If your response to Request for Admission No. 4 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: The foregoing request has been admitted.
INTERROGATORY NO. 17: If your response to Request for Admission No. 5 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: The foregoing request has been admitted.
INTERROGATORY NO. 18: If your response to Request for Admission No. 6 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: The foregoing request has been admitted.
INTERROGATORY NO. 19: If your response to Request for Admission No. 7 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: The foregoing request has been admitted.
INTERROGATORY NO. 20: If your response to Request for Admission No. 8 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: The foregoing request has been admitted.
INTERROGATORY NO. 21: If your response to Request for Admission No. 9 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: The foregoing request has been admitted.
INTERROGATORY NO. 22: If your response to Request for Admission No. 10 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: The foregoing request has been admitted.
INTERROGATORY NO. 23: If your response to Request for Admission No. 11 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: The foregoing request has been admitted.
INTERROGATORY NO. 24: If your response to Request for Admission No. 12 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: The foregoing request has been admitted.
INTERROGATORY NO. 25: If your response to Request for Admission No. 13 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: The foregoing request has been admitted.
INTERROGATORY NO. 26: If your response to Request for Admission No. 14 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: The foregoing request has been admitted.
INTERROGATORY NO. 27: If your response to Request for Admission No. 15 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: The flooring patch was done using raw materials that required milling and planting to fit due to the fact that the old flooring was old and unavailable.
INTERROGATORY NO. 28: If your response to Request for Admission No. 16 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: While testing different finishes, Plaintiff noticed a matte finish Defendant had used and liked it and agreed that it should be used on the floor. Defendant provided a quote for the added work to refinish the floor.
INTERROGATORY NO. 29: If your response to Request for Admission No. 17 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: Defendant provided a quote of $1275.00 for the added work that Plaintiff had agreed to pay, not for any repair.
INTERROGATORY NO. 30: If your response to Request for Admission No. 18 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: The added work required hand sanding. To avoid sanding, the matte layer was applied solely for upgrading the appearance of the existing floor.
INTERROGATORY NO. 31: If your response to Request for Admission No. 19 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: Plaintiff volunteered to remove the furniture. If it was Defendant’s idea, he would have covered the cost.
INTERROGATORY NO. 32: If your response to Request for Admission No. 20 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: The foregoing request has been admitted.
INTERROGATORY NO. 33: If your response to Request for Admission No. 21 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: The foregoing request has been admitted.
INTERROGATORY NO. 34: If your response to Request for Admission No. 22 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: The foregoing request has been admitted.
INTERROGATORY NO. 35: If your response to Request for Admission No. 23 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: The property was never uninhabitable. However, there was a time when one could not walk on the floors for a few hours. That does not render the property uninhabitable.
INTERROGATORY NO. 36: If your response to Request for Admission No. 24 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: The foregoing request has been admitted.
INTERROGATORY NO. 37: If your response to Request for Admission No. 25 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: Defendant did not use steel wool on the floor.
INTERROGATORY NO. 38: If your response to Request for Admission No. 26 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: There was no overspray.
INTERROGATORY NO. 39: If your response to Request for Admission No. 27 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: Defendant only used paper and plastic to cover the floor.
INTERROGATORY NO. 40: If your response to Request for Admission No. 28 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: The foregoing request has been admitted.
INTERROGATORY NO. 41: If your response to Request for Admission No. 29 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: The foregoing request has been admitted.
INTERROGATORY NO. 42: If your response to Request for Admission No. 30 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: The foregoing request has been admitted.
INTERROGATORY NO. 43: If your response to Request for Admission No. 31 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: There was a small amount of paint left on the floors but they were going to be refinished and would be removed in the process.
INTERROGATORY NO. 44: If your response to Request for Admission No. 32 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: The foregoing request has been admitted.
INTERROGATORY NO. 45: If your response to Request for Admission No. 33 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: On the last day Defendant worked on the floors, they looked splendid considering someone else had used chemicals on them.
INTERROGATORY NO. 46: If your response to Request for Admission No. 34 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: Defendant took control and remained dedicated to the plaintiff. Defendant advised plaintiff they should be aware of and refuse to give payment to those who are abusing the situation. Defendant requested that if an issue would arise that the defendant would be available to resolve the problem. Plaintiff never tried to contact the defendant.
INTERROGATORY NO. 47: If your response to Request for Admission No. 35 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: The foregoing request has been admitted.
INTERROGATORY NO. 48: If your response to Request for Admission No. 36 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: The foregoing request has been admitted.
INTERROGATORY NO. 49: If your response to Request for Admission No. 37 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: The floors were not covered with a white haze, paint overspray, and uneven finish on January 18, 2021.
INTERROGATORY NO. 50: If your response to Request for Admission No. 38 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: The paint job on the property was not substandard.
INTERROGATORY NO. 51: If your response to Request for Admission No. 39 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: Defendant did not cause any damage to the floors.
INTERROGATORY NO. 52: If your response to Request for Admission No. 40 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: The floors were not unfixable as a result of Defendant’s work.
INTERROGATORY NO. 53: If your response to Request for Admission No. 41 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: The foregoing request has been admitted.
INTERROGATORY NO. 54: If your response to Request for Admission No. 42 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: The inspector the defendant hired to evaluate the floors confirmed that the finish was not paint as the plaintiff claimed but aluminum oxide due to the condition of existing floors prior to work done by the defendant. Defendant wasn’t informed of details of floor from plaintiff before beginning work.
INTERROGATORY NO. 55: If your response to Request for Admission No. 43 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: The floors were not damaged.
INTERROGATORY NO. 56: If your response to Request for Admission No. 44 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: Defendant did not dump any toxic chemicals in Plaintiff’s side yard.
INTERROGATORY NO. 57: If your response to Request for Admission No. 45 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: The foregoing request has been admitted.
INTERROGATORY NO. 58: If your response to Request for Admission No. 46 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: Defendant did not charge any penalty interest. He only charged late fees for nonpayment as agreed upon in the agreement.
INTERROGATORY NO. 59: If your response to Request for Admission No. 47 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: The foregoing request has been admitted.
INTERROGATORY NO. 60: If your response to Request for Admission No. 48 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: Defendant only knocked, rang the doorbell and asked for payment.
INTERROGATORY NO. 61: If your response to Request for Admission No. 49 was denied, please state the legal and/or factual basis for your contention.
RESPONSE: The foregoing request has been admitted.
FIRST REQUEST FOR PRODUCTION
REQUEST FOR PRODUCTION NO. 1: Please produce any and all communication You have had with Plaintiff regarding the Property
RESPONSE: Defendant objects to this production on the grounds that it seeks information in the possession of, known to, or otherwise equally available to the plaintiff
REQUEST FOR PRODUCTION NO. 2: Please produce any and all documents evidencing any possible claim for attorney fees, including invoices, bills, and/or fee agreements.
RESPONSE: Defendant objects to this interrogatory in that it requests information that will not be known until after additional discovery is completed.
REQUEST FOR PRODUCTION NO. 3: Please produce any and all communications between You and Plaintiff regarding the funds owed.
RESPONSE: Defendant objects to this production on the grounds that it seeks information in the possession of, known to, or otherwise equally available to the plaintiff
REQUEST FOR PRODUCTION NO. 4: Please produce all communications between You and any third party, regarding Plaintiff, and/or the services You provided to Plaintiff.
RESPONSE: Plaintiff to contact floor inspector. MARIO AVILA
REPORT REQUEST FOR PRODUCTION NO.5: Please produce any and all documents which evidence, mention, refer to, or describe any statements made by any person with knowledge of relevant facts in this cause, concerning the facts and allegations asserted by any party in this cause.
RESPONSE: Plaintiff to contact floor inspector. MARIO AVILA
REPOST REQUEST FOR PRODUCTION NO. 6: Please produce any and all documents which You intend to use in the trial of this cause.
RESPONSE: Defendant objects to this production in that it requests information that will not be known until after additional discovery is completed.
REQUEST FOR PRODUCTION NO. 7: Please produce all documents which evidence, mention, refer to, or describe any attempts by You to remedy issues communicated to You by Plaintiff.
RESPONSE Defendant objects to this production on the grounds that it seeks information in the possession of, known to, or otherwise equally available to the plaintiff
REQUEST FOR PRODUCTION NO. 8: Please produce all non-privileged documents that were reviewed or relied upon in answering the First Set of Request for Admissions and /or the First set of Interrogatories which were served contemporaneously with this request for production of documents.
RESPONSE: Defendant does not have documents that were reviewed or relied upon
REQUEST FOR PRODUCTION NO. 9: Please produce any and all witness statements, made at any time whatsoever, by any persons having knowledge of any facts, conditions or events which are relevant to the matters, events or conditions in controversy in this suit and which are not privileged
RESPONSE: Gerrardo Ochoa’s statement is not available at this time.
REQUEST FOR PRODUCTION NO. 10: For each person, firm or corporation whom You intend to call to testify as an expert witness on Your behalf during this Lawsuit, either by live testimony or by deposition testimony, please produce copies of all CV’s or resumes and all reports and writings setting forth any factual observations, tests, calculations, photographs, opinions and/or basis for opinions of each such expert witness, including all documents, records, photographs and any and all written materials of any kind whatsoever which have been provided to any person, firm or corporation who will or may be called as an expert witness during the course of this Lawsuit
RESPONSE: The defendant does not intend such action.
REQUEST FOR PRODUCTION NO. 11: For each consulting expert whose opinions or impressions were or will be reviewed by any testifying expert, please produce all reports and writings setting forth any factual observations, tests, calculations, photographs, opinions and/or basis for opinions of each such consulting expert, including all documents, records, photographs and any and all written materials of any kind whatsoever which have been provided to such consulting expert
RESPONSE: This request is not discoverable.
REQUEST FOR PRODUCTION NO. 12: Please produce any and all documents whose production has not been requested pursuant to any other item of this request which You intend to offer into evidence at the trial of this Lawsuit.
RESPONSE: Defendant objects to this production in that it requests information that will not be known until after additional discovery is completed.
REQUEST FOR PRODUCTION NO. 13: Please produce any and all documents whose production has not been requested pursuant to any other item of this request which may be used as demonstrative evidence at trial of this Lawsuit.
RESPONSE: Defendant objects to this production on the grounds that it seeks information in the possession of, known to, or otherwise equally available to the plaintiff
REQUEST FOR PRODUCTION NO.14: Please produce any and all documents forming a basis for or relevant to any claim, defense, or contention asserted by You in reference to this Lawsuit.
RESPONSE: See attached photos.
REQUEST FOR PRODUCTION NO. 15: Please produce any and all documents identified in response to Plaintiff’s Interrogatories.
RESPONSE: Redundant
REQUEST FOR PRODUCTION NO. 16: Please produce any and all documents or records which support or otherwise substantiate Your denial of Plaintiff’s claims and allegations in this lawsuit.
RESPONSE: Defendant objects to this production because the Plaintiff had exceeded the number of production allowed by Texas law
REQUEST FOR PRODUCTION NO. 17: Please produce any and all documents or records related to any work on to the Property.
RESPONSE: Defendant objects to this production because the Plaintiff had exceeded the number of production allowed by Texas law
REQUEST FOR PRODUCTION NO. 18: Please produce any and all communications with any party related to the Property.
RESPONSE: Defendant objects to this production because the Plaintiff had exceeded the number of production allowed by Texas law
REQUEST FOR DISCLOSURE REQUEST 194.2(b)(1): The correct names of the parties to the lawsuit.
RESPONSE:
Brandon Rockett
Tom Hoskins
Cindy Hoskins
REQUEST 194.2(b)(2): The name, address, and telephone number of any potential parties.
RESPONSE:
Brandon Rockett
11902 Highland Oaks Trail
Austin Texas 78759
Tom Hoskins
14827 Bescott
Austin Texas 78728
Cindy Hoskins
14827 Bescott
Austin Texas 78728
REQUEST 194.2(b)(3): The legal theories, and in general, the factual bases of the responding party’s claims or defenses.
RESPONSE: Defendant objects to this interrogatory because this interrogatory is so broad, uncertain, and unintelligible that the defendant cannot determine the nature of the information sought. Therefore, the defendant cannot provide an answer.
REQUEST 194.2(b)(4): The amount and any method of calculating economic damages.
RESPONSE: Defendant objects to this interrogatory because this interrogatory is so broad, uncertain, and unintelligible that the defendant cannot determine the nature of the information sought. Therefore, the defendant cannot provide an answer.
REQUEST 194.2(b)(5): 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.
RESPONSE: Gerrardo Ochoa 1111 San Gabriel Ranch Rd Liberty Hill, TX 78642
REQUEST 194.2(b)(6): A copy-or a description by category and location-of all documents, electronically stored information, and tangible things that the responding party has in its possession, custody, or control, and may use to support its claims or defenses, unless the use would be solely for impeachment.
RESPONSE: Defendant objects to this production because the only possible purpose of this request is to harass and to cause hardship to the plaintiff and needlessly increase the cost of litigation to the plaintiff or her counsel
REQUEST 194.2(b)(7): Any indemnity and insuring agreements described in Rule 192.3(t).
RESPONSE: The defendant does not have any answer at this time.
REQUEST 194.2(b)(8): Any settlement agreements described in Rule 192.3(g).
RESPONSE:D The defendant does not have any answer at this time.
REQUEST 194.2(b)(): Any witness statements described in Rule 192.3(h).
RESPONSE: The defendant does not have any answer at this time.
REQUEST 194.2(b)(10): In a suit alleging physical or mental injury and damages from to the injuries or damages asserted or, in lieu thereof, an authorization permitting the disclosure of such medical records and bills.
RESPONSE: The defendant does not have any answer at this time.
REQUEST 194.2(b)(11): In suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills obtained by the responding party by virtue of an authorization furnished by the requesting party.
RESPONSE:Not available
REQUEST 194.2(b)(12): The name, address, and telephone number of any person who may be designed as a responsible third-party.
RESPONSE:The defendant does not have any answer at this time.
REQUEST 195.5(a)(1): The expert’s name, address, and telephone number.
RESPONSE: No expert at this time of discovery.
REQUEST 195.5(a)(2): The subject matter on which the expert will testify.
RESPONSE:The expert’s current resume and bibliography: The expert’s current qualifications, including a list of all publications authored in the previous 10 years; Except when the expert is the responding party’s attorney and is testifying to attorney fees, a list of all other cases in which, during the previous four years, the expert testified as an expert at trial or by deposition; A statement of the compensation to be paid for the expert’s study and testimony in the case.
REQUEST 195.5(a)(3): The general substance of the expert’s mental impressions and opinions and a brief summary of the basis for them, or if the expert is not retained by, employed by, or otherwise subject to the control of the responding party, documents reflecting such information.
RESPONSE: The defendant does not have any answer at this time.
REQUEST 195.5(a)(4): If the expert is retained by, employed by, or otherwise subject to the control of the responding party: All documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the expert’s testimony: (A) (B) (C) (D) (E)
RESPONSE: The defendant does not have any answer at this time.
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