CAUSE NO ZACK MAXWELL, IN THE DISTRICT COURT

Transcription

1 CAUSE NO ZACK MAXWELL, IN THE DISTRICT COURT Plaintiff, v. 352nd JUDICIAL DISTRICT CITY OF ARLINGTON and JEFF WILLIAMS, in his Individual and Official Capacity as Mayor, Defendant. TARRANT COUNTY, TEXAS DEFENDANT CITY OF ARLINGTON S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF ZACK MAXWELL TO: Plaintiff, Zack Maxwell, by and through his attorneys of record, Warren V. Norred and C. Chad Lampe, Norred Law, PLLC, 515 E. Border, Arlington, Texas Defendant City of Arlington ( Defendant or the City ) requests that Plaintiff Zack Maxwell ( Plaintiff or Maxwell ) respond to this First Request for Production within thirty (30) days from service hereof. To the extent Plaintiff is producing responsive documents, Defendant requests such documents be produced for inspection and copying in accordance with the Texas Rules of Civil Procedure within fifty (50) days from the service of this request at the law offices of KELLY HART & HALLMAN LLP, c/o Chad Arnette (chad.arnette@kellyhart.com), 201 Main Street, Suite 2400, Fort Worth, Texas DEFENDANT S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF PAGE 1

2 I. DEFINITIONS The following terms have the following meanings, unless the context requires otherwise: As used herein, the following terms shall have the meanings indicated below. 1. The term You, Your, Maxwell, or Plaintiff means Plaintiff Zack Maxwell and his companies, organizations, employees, agents, affiliates, officers, directors, volunteers, groups, associations, political action committees, or any other persons or entities acting on his behalf or at his behest with respect to the matters at issue in the Lawsuit, specifically including but not limited to the Arlington Voice. 2. The term Term Limits Organizations refers to the Vote For Term Limits campaign and/or the Citizens for a Better Arlington political action committee and any employees, agents, officers, directors, volunteers, or anyone else acting on their behalf or at their behest. 3. The term Defendant or the City means Defendant City of Arlington and its employees, agents, officers, directors, or anyone acting on his behalf, including but not limited to the Arlington City Council and Mayor Jeff Williams. 4. The term person includes, without limitation, natural persons, groups of natural persons, any business, legal or governmental entities or associations, corporations, partnerships, joint ventures, firms, associations, and any other incorporated or unincorporated entity. 5. The term Lawsuit means Cause No ; Zack Maxwell v. City of Arlington, pending in Tarrant County, Texas. 6. The term Proposed Charter Amendment refers to the Term Limit Charter Amendment that is the subject of the Lawsuit. 7. The term document refers to writings of every kind, whether originals, drafts, or non-identical copies, including without limitation: s; texts; notes; data; lists; customer lists; itineraries; letters; correspondence; communications of any nature; drawings; designs; telegrams; manuals; books of accounts; purchase orders; order acknowledgements; invoices; checks; money orders; credit memoranda; debit memoranda; contracts; agreements; studies; tabulations; charts; graphs; photographs; photostats; mimeographs; typewriting; painting; graphic reproductions; film; handwriting; video tape recordings; audio tape recordings; analysis; books; articles; magazines; newspapers; booklets; circulars; bulletins; notices; instructions; computer disks; computer printouts of any form whatsoever; letters of introduction; letters of referral; summaries; questionnaires and surveys; memoranda; notebooks of any character; documents of any character; summaries or records of personal conversations; calendars; diaries; logs; routing slips or memoranda; reports; publications; minutes or records of meetings; minutes of all other communications of any type, including inter- and intra-office communications; transcripts of oral testimony or statements; affidavits; reports and/or summaries of investigations; agreements and contracts, including all modifications and/or revisions thereof; working papers; reports and/or summaries of negotiations; court papers; brochures; pamphlets; press releases; drafts of and revisions of drafts of translations of any document; records and dictation belts; and, all tangible DEFENDANT S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF PAGE 2

3 items. Any document with any marks on any sheet or side thereof, including by way of illustration only and not by way of limitation, initials, stamped indicia, any comment or any notation of any character and not a part of the original text, or any reproduction thereof, is to be considered a separate document for purposes of this request. If two or more identical duplicate copies of a document exist, the most legible copy should be produced for the purposes of this request. Electronic documents should be produced in their native file format with all related metadata intact. If a paper copy of an electronic document is produced, the electronic copy should be produced as well. 8. The term communication(s) shall mean and include all discussions, conversations, interviews, negotiations, s, cablegrams, mailgrams, telegrams, telexes, cables, electronic mail, or other forms of written or verbal interchange, however transmitted, including reports, notes, memoranda, lists, agenda, and other documents and records of communications, and when used shall require a statement of the name of the individual who made the communication, the person(s) to whom he made it, the date it was made, the form in which it was made, and whether or not it was recorded. 9. The term correspondence shall mean all written communications whether in electronic or hard-copy form. 10. The terms relate or relating to mean, in addition to their customary and usual meaning, pertain or pertaining, allude or alluding, concern or concerning, connect or connected with, in respect of, in respect to, about, regard or regarding, discuss or discussing, measure or measuring, support or supporting, analyze or analyzing, explain or explaining, constitute or constituting, evidence or evidencing, refer or referring, reflect or reflecting, assess or assessing, record or recording, and comment or commenting. 11. And and or shall be construed as conjunctive or disjunctive to ensure the provision of additional information or more complete answers and to avoid the questions herein being considered ambiguous, inaccurate, or confusing. 12. The singular shall include the plural and the plural shall include the singular whenever the effect of doing so is to increase the information responsive to these requests. 13. Including shall mean including but not limited to. 14. The term identify for persons means to provide the name, last known business address, last known residence address, last known business telephone number, and last known personal telephone number. For documents and/or communications, identify means to provide the date, the identity of participants and witnesses, and a detailed statement of the substance. 15. Describe in detail means to provide all facts, names, addresses and telephone numbers, dates, places, times, conclusions, legal bases, reasons, expectations, understandings, and other information necessary to fully answer the entire inquiry with particularity and specificity. 16. Capitalized terms used but not defined herein shall have the same meaning given those terms in in Plaintiff s Verified Original Petition, Application for Temporary Restraining DEFENDANT S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF PAGE 3

4 Order, Temporary Injunction, Permanent Injunction, Declaratory Relief, and Violations of the Texas Open Meetings Act filed in this Lawsuit on August 13, 2018 (the Petition ). II. INSTRUCTIONS 1. Your written response to these requests shall state, with respect to each category of items, that production or other requested action will be permitted as requested, except to the extent that you object in writing to particular items or categories. 2. Please respond to each request for production separately by listing the materials and by describing them as defined above. If the material is numbered or labeled for production, in each response, provide both the information that identifies the material and the material s number and/or label. 3. If you contend that you may partially or entirely withhold a requested document or category of documents because of a rule, privilege, immunity or other reason, for each document partially or entirely withheld, identify the document and state the factual basis on which you claim the privilege or immunity. 4. For any materials that you claim no longer exist or cannot be located, please provide the following: a) A statement identifying the material; b) A statement of how and when the material ceased to exist or when it could no longer be located; c) The reasons for the material s nonexistence or loss; d) The identity, address, and job title of each person having knowledge about the nonexistence or loss of the material; e) The identity of any other materials evidencing the nonexistence or loss of the material or any facts about the nonexistence or loss. 5. All definitions are to be construed as broadly as possible to include the most information or documents responsive to the discovery requests propounded herein. 6. This discovery request is continuing. In the event that any information or material responsive to any Request for Production comes to your attention, possession, custody or control, or to the attention, possession, custody or control of your agents, principals, employees, affiliates, subsidiaries, accountants, partners, officers, family members, directors or attorneys subsequent to the filing of your response, you are required to furnish the additional information, responses, or material to Defendants as soon as possible. 7. Each of your responses to each request shall set out the request in full, and your answer shall follow and be designated as RESPONSE. DEFENDANT S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF PAGE 4

5 III. FIRST REQUEST FOR PRODUCTION REQUEST FOR PRODUCTION NO. 1: Please produce a copy of the Proposed Charter Amendment, including copies of any and all prior versions, drafts, or revisions thereof. REQUEST FOR PRODUCTION NO. 2: Please produce all documents, communications, correspondence, and any other materials You relied upon or referenced in drafting the Proposed Charter Amendment. For avoidance of doubt, this request includes any documents (including other municipalities term limits charter amendments) which served as a template or source for any of the text or content of the Proposed Charter Amendment. REQUEST FOR PRODUCTION NO. 3: Please produce all documents, communications, correspondence, and social media posts or comments related in any way to the drive to collect signatures in favor of the Proposed Charter Amendment. For avoidance of doubt, this request includes documents concerning the organization and execution of the drive. REQUEST FOR PRODUCTION NO. 4: Please produce all documents, communications, correspondence, and social media posts or comments related in any way to the terms of the Proposed Charter Amendment. REQUEST FOR PRODUCTION NO. 5: Please produce all documents, communications, correspondence, and social media posts or comments related in any way to the subject matter of this Lawsuit. REQUEST FOR PRODUCTION NO. 6: Please produce all documents, communications, correspondence, and social media posts or comments distributed or made available to members of the public by You or the Term Limits Organizations related in any way to the City of Arlington, Mayor Williams, or the members of City Council and/or their responses to this Lawsuit. DEFENDANT S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF PAGE 5

6 REQUEST FOR PRODUCTION NO. 7: Please produce all correspondence by and among You or the members of the Term Limits Organizations related in any way to the Proposed Charter Amendment, the petition drive related thereto, and/or the City of Arlington (including Mayor Williams and the City Council). For avoidance of doubt, this includes any requests for funds in support of the Proposed Charter Amendment. REQUEST FOR PRODUCTION NO. 8: Please produce all rosters or documents sufficient to show all volunteers for the petition drive in support of the Proposed Charter Amendment. REQUEST FOR PRODUCTION NO. 9: Please produce all organizational documents and mission statements for the Term Limits Organizations. REQUEST FOR PRODUCTION NO. 10: Please produce all campaign registration and finance documents filed with the City, Tarrant County, or the State of Texas (including with the Texas Ethics Commission and the City Secretary) by the Term Limits Organizations. For avoidance of doubt, this request includes an appointment of campaign treasurer filing and reports of contributions, loans, and expenditures (e.g., monthly reports; semi-annual reports; 30-day preelection reports; 8-day pre-election reports; special pre-election reports; etc.). REQUEST FOR PRODUCTION NO. 11: With respect to the statements set forth in Exhibit A concerning City Council s alleged attempt at suspending the rules of our charter, please produce all documents reflecting any investigation by You with respect to the truth and accuracy (or lack thereof) of such statements prior to or after the time the statements were made to any third party. For avoidance of doubt, this request includes any documents reflecting any attempts to investigate the truth and accuracy of such statements. DEFENDANT S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF PAGE 6

7 REQUEST FOR PRODUCTION NO. 12: With respect to the statements set forth in Exhibit A concerning the City Council s alleged attempt at suspending the rules of our charter, please produce all documents which You contend prove the truth and accuracy of such. REQUEST FOR PRODUCTION NO. 13: With respect to the statements set forth in Exhibit B concerning the City Council s alleged corruption, please produce all documents reflecting any investigation by You with respect to the truth and accuracy (or lack thereof) of such statements prior to or after the time the statements were made to any third party. For avoidance of doubt, this request includes any documents reflecting any attempts to investigate the truth and accuracy of such statements. REQUEST FOR PRODUCTION NO. 14: With respect to the statements set forth in Exhibit B concerning the City Council s alleged corruption, please produce all documents which You contend prove the truth and accuracy of such. REQUEST FOR PRODUCTION NO. 15: Please produce documents sufficient to support the statement that over 80 volunteers in Arlington collected signatures, as stated in Exhibit C. DEFENDANT S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF PAGE 7

8 REQUEST FOR PRODUCTION NO. 16: With respect to the statements set forth in Exhibit C concerning Mayor Williams alleged betray[al], sabotage, and unethical stunt, please produce all documents reflecting any investigation by You with respect to the truth and accuracy (or lack thereof) of such statements prior to or after the time the statements were made to any third party. For avoidance of doubt, this request includes any documents reflecting any attempts to investigate the truth and accuracy of such statements. REQUEST FOR PRODUCTION NO. 17: With respect to the statements set forth in Exhibit C concerning Mayor Williams alleged betray[al], sabotage, and unethical stunt, please produce all documents which You contend prove the truth and accuracy of such. REQUEST FOR PRODUCTION NO. 18: With respect to the statements set forth in Exhibit D concerning Mayor Williams and paid actors, verbal harass[ment], physical[] assault, hijacking, and conspir[acy] with the City Attorney to circumvent restraining order, please produce all documents reflecting any investigation by You with respect to the truth and accuracy (or lack thereof) of such statements prior to or after the time the statements were made to any third party. For avoidance of doubt, this request includes any documents reflecting any attempts to investigate the truth and accuracy of such statements. REQUEST FOR PRODUCTION NO. 19: With respect to the statements set forth in Exhibit D concerning Mayor Williams and paid actors, verbal harass[ment], physical[] assault, hijacking, and conspir[acy] with the City Attorney to circumvent restraining order, please produce all documents which You contend prove the truth and accuracy of such statements. REQUEST FOR PRODUCTION NO. 20: Please produce documents sufficient to support the statement that Mayor Williams deci[ded] to waste incalculable amounts of our money to defend his unethical behavior, as stated in Exhibit E. DEFENDANT S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF PAGE 8

9 REQUEST FOR PRODUCTION NO. 21: With respect to the statements set forth in Exhibit E concerning Mayor Williams alleged unethical behavior, please produce all documents reflecting any investigation by You with respect to the truth and accuracy (or lack thereof) of such statement prior to or after the time the statement was made to any third party. For avoidance of doubt, this request includes any documents reflecting any attempts to investigate the truth and accuracy of such statement. REQUEST FOR PRODUCTION NO. 22: With respect to the statements set forth in Exhibit F that the City Council allegedly broke the rules, abused citizens, is ready to spend endless sums and us[e] [taxpayer] money to defend their inexcusable behavior, please produce all documents reflecting any investigation by You with respect to the truth and accuracy (or lack thereof) of such statements prior to or after the time the statements were made to any third party. For avoidance of doubt, this request includes any documents reflecting any attempts to investigate the truth and accuracy of such statements. REQUEST FOR PRODUCTION NO. 23: With respect to the statements set forth in Exhibit F that the City Council allegedly broke the rules, abused citizens, is ready to spend endless sums and us[e] [taxpayer] money to defend their inexcusable behavior, please produce all documents which You contend prove the truth and accuracy of such. REQUEST FOR PRODUCTION NO. 24: With respect to the statements set forth in Exhibit G concerning the Chamber of Commerce and its buy[ing] out council persons for control and the council hand[ing] these same supporters tax waivers, fee abatements, and any other giveaway they can foist on taxpayers, please produce all documents reflecting any investigation by You with respect to the truth and accuracy (or lack thereof) of such statements prior to or after the time the statements were made to any third party. For avoidance of doubt, this request includes any documents reflecting any attempts to investigate the truth and accuracy of such statements. DEFENDANT S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF PAGE 9

10 REQUEST FOR PRODUCTION NO. 25: With respect to the statements set forth in Exhibit G concerning the Chamber of Commerce and its buy[ing] out council persons for control and the council hand[ing] these same supporters tax waivers, fee abatements, and any other giveaway they can foist on taxpayers, and opting to exploit taxpayer resources, please produce all documents which You contend prove the truth and accuracy of such statements. REQUEST FOR PRODUCTION NO. 26: With respect to the statements set forth in Exhibit H concerning the City Council s alleged abuse, violat[ing] its own city charter, and opting to exploit taxpayer resources, please produce all documents reflecting any investigation by You with respect to the truth and accuracy (or lack thereof) of such statements prior to or after the time the statements were made to any third party. For avoidance of doubt, this request includes any documents reflecting any attempts to investigate the truth and accuracy of such statements. REQUEST FOR PRODUCTION NO. 27: With respect to the statements set forth in Exhibit H concerning the City Council s alleged abuse, violat[ing] its own city charter, and opting to exploit taxpayer resources, please produce all documents which You contend prove the truth and accuracy of such statements. REQUEST FOR PRODUCTION NO. 28: Please produce all documents, communications, and correspondence which underlie or otherwise support any statement of fact contained in the documents, communications, correspondence, or social media posts or comments distributed or made available to members of the public by You concerning the City of Arlington, Mayor Williams, or the City Council members and/or their responses to this Lawsuit. For avoidance of doubt, this request specifically pertains to, but is not limited to, statements contained in the documents attached hereto as Exhibits A H. REQUEST FOR PRODUCTION NO. 29: Please produce all documents, communications, and correspondence that support Your allegation that City Council members have held secret deliberations related to the Proposed Charter Amendment or otherwise violated the Open Meetings Act as referred to in Paragraph 4.12 of the Petition. DEFENDANT S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF PAGE 10

11 REQUEST FOR PRODUCTION NO. 30: Please produce copies of any video footage, audio recordings, or transcripts of any meetings in which You or members of the Term Limits Organizations discuss the Proposed Charter Amendment or the City s response thereto. For avoidance of doubt, this request includes any discussion of the retroactivity of the Proposed Charter Amendment. REQUEST FOR PRODUCTION NO. 31: Please produce copies of any video footage, audio recordings, or transcripts of any meetings in which You or members of the Term Limits Organizations discuss the City s proposed amendment to the charter for the City of Arlington. REQUEST FOR PRODUCTION NO. 32: Please produce copies of any video footage, audio recordings, or transcripts in which You or members of the Term Limits Organizations discuss the City, Mayor Williams, or City Council and/or their actions which form the basis of this Lawsuit. REQUEST FOR PRODUCTION NO. 33: Please produce copies of any video footage, audio recordings, or transcripts of any rallies, stump speeches, protests, or demonstrations involving You or the Term Limits Organizations that relate in any way to the Proposed Charter Amendment or the City, Mayor Williams, the City Council, and/or their actions which form the basis of this Lawsuit. REQUEST FOR PRODUCTION NO. 34: Please produce all statements made or disseminated by You or the Term Limits Organizations concerning the City, Mayor Williams, or City Council and/or their actions which form the basis of this Lawsuit. For avoidance of doubt, this request includes statements made or disseminated via Facebook, social media profiles, or any other digital or hardcopy means. DEFENDANT S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF PAGE 11

12 REQUEST FOR PRODUCTION NO. 35: Please produce all statements made or disseminated by the Vote For Term Limits campaign concerning the City, Mayor Williams, or City Council and/or their actions which form the basis of this Lawsuit. For avoidance of doubt, this request includes statements made or disseminated via Facebook, social media profiles, or any other digital or hardcopy means. REQUEST FOR PRODUCTION NO. 36: Please produce all statements made or disseminated by the Citizens for a Better Arlington PAC concerning the City, Mayor Williams, or City Council and/or their actions which form the basis of this Lawsuit. For avoidance of doubt, this request includes statements made or disseminated via Facebook, social media profiles, or any other digital or hardcopy means. REQUEST FOR PRODUCTION NO. 37: Please produce all scripts, pamphlets, flyers, advertisements, questionnaires, webpages, social media posts or comments, or other documents providing information about the Proposed Charter Amendment that You or the Term Limits Organizations drafted, approved, distributed, or caused to be drafted or distributed. For avoidance of doubt, this request includes documents regarding the retroactivity of the term limitations imposed by the Proposed Charter Amendment. REQUEST FOR PRODUCTION NO. 38: Please produce all reports, studies, or analyses You or the Term Limits Organizations performed or had performed regarding the retroactivity of the term limitations imposed by the Proposed Charter Amendment. REQUEST FOR PRODUCTION NO. 39: Please produce all scripts, pamphlets, flyers, advertisements, questionnaires, webpages, social media posts, or other documents that You or the Term Limits Organizations drafted, approved, distributed, or caused to be drafted or distributed, regarding the current City Council of Arlington (as a whole or its individual members) or Mayor Williams. DEFENDANT S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF PAGE 12

13 REQUEST FOR PRODUCTION NO. 40: Please produce all documents regarding demonstrations, protests, or campaigns against the City Council or Mayor Williams regarding the Proposed Charter Amendment or this Lawsuit that You or the Term Limits Organizations have organized or in which You have participated. REQUEST FOR PRODUCTION NO. 41: Please produce all versions of any webpages or social media pages You run, maintain, or for whose content You are responsible, that discuss the Proposed Charter Amendment, the City, the City Council, or Mayor Williams. REQUEST FOR PRODUCTION NO. 42: Please produce all correspondence, including s, text messages, and audio recordings, between You or members of the Term Limits Organizations and any resident of Arlington regarding the Proposed Charter Amendment. For avoidance of doubt, this request includes correspondence regarding the Proposed Charter Amendment s potential or intended retroactive effect. REQUEST FOR PRODUCTION NO. 43: Please produce all correspondence, including s, text messages, and audio recordings, between You or members of the Term Limits Organizations and any third party which disparage, defame, or otherwise speak negatively of the City Council (as a whole or its individual members) or Mayor Williams regarding the subject matter of this Lawsuit. REQUEST FOR PRODUCTION NO. 44: Please produce all correspondence, including s, text messages, and audio recordings, between You or members of the Term Limits Organizations and any third party which accuse the City Council (as a whole or its individual members) or Mayor Williams of illegal, unethical, or immoral conduct. DEFENDANT S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF PAGE 13

14 REQUEST FOR PRODUCTION NO. 45: Please produce all documents, correspondence, and communications which discuss the August 7, 2018 City Council meeting. REQUEST FOR PRODUCTION NO. 46: Please produce all documents, correspondence, and communications which discuss the August 14, 2018 City Council meeting. REQUEST FOR PRODUCTION NO. 47: Please produce all scripts, pamphlets, flyers, advertisements, questionnaires, webpages, social media posts, or other documents provided to individuals who collected, or assisted with the collection of, signatures in support of the Proposed Charter Amendment. REQUEST FOR PRODUCTION NO. 48: Please produce all materials referred to, identified in, or relied upon in answering Defendant City of Arlington s First Request for Admission to Plaintiff Zack Maxwell. REQUEST FOR PRODUCTION NO. 49: Please produce all materials referred to, identified in, or relied upon in answering Defendant City of Arlington s First Interrogatories to Plaintiff Zack Maxwell. DEFENDANT S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF PAGE 14

15 Respectfully submitted, /s/ Chad Arnette Chad Arnette State Bar No Elizabeth Cuneo State Bar No David E. Miles State Bar No KELLY HART & HALLMAN LLP 201 Main Street, Suite 2500 Fort Worth, TX (817) Telephone (817) Fax ATTORNEYS FOR DEFENDANT JEFF WILLIAMS IN HIS OFFICIAL CAPACITY AS MAYOR C. Robert Heath State Bar No BICKERSTAFF HEATH DELGADO ACOSTA LLP 3711 S. MoPac Expressway Building One, Suite 300 Austin, Texas Telephone: (512) Facsimile: (512) ATTORNEYS FOR DEFENDANTS CITY OF ARLINGTON AND JEFF WILLIAMS IN HIS OFFICIAL CAPACITY AS MAYOR DEFENDANT S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF PAGE 15

16 CITY OF ARLINGTON CITY ATTORNEY S OFFICE Teris Solis, City Attorney State Bar No teris.solis@arlingtontx.gov Cynthia Withers, Assistant City Attorney State Bar No cynthia.withers@arlingtontx.gov 101 S. Mesquite St., Suite 300 Arlington, Texas (817) Telephone (817) Fax ATTORNEYS FOR DEFENDANTS CITY OF ARLINGTON AND JEFF WILLIAMS IN HIS OFFICIAL CAPACITY AS MAYOR CERTIFICATE OF SERVICE This is to certify that on this 11th day of September, 2018, a true and correct copy of the foregoing document was served upon the following counsel of record via electronic service pursuant to Tex. R. Civ. P. 21a, as follows: Warren V. Norred C. Chad Lampe NORRED LAW, PLLC 515 E. Border Arlington, TX wnorred@norredlaw.com chad@norredlaw.com Attorneys for Plaintiff C. Robert Heath BICKERSTAFF HEATH DELGADO ACOSTA LLP 3711 S. MoPac Expressway Building One, Suite 300 Austin, TX bheath@bickerstaff.com City of Arlington City Attorney s Office Teris Solis, City Attorney Cynthia Withers, Assistant City Attorney 101 S. Mesquite St., Suite 300 Arlington, TX teris.solis@arlingtontx.gov cynthia.withers@arlingtontx.gov Attorneys for Defendants City of Arlington /s/ Chad Arnette Chad Arnette DEFENDANT S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF PAGE 16

17 CAUSE NO ZACK MAXWELL, IN THE DISTRICT COURT Plaintiff, v. 352nd JUDICIAL DISTRICT CITY OF ARLINGTON and JEFF WILLIAMS, in his Individual and Official Capacity as Mayor, Defendant. TARRANT COUNTY, TEXAS DEFENDANT CITY OF ARLINGTON S FIRST INTERROGATORIES TO PLAINTIFF ZACK MAXWELL TO: Plaintiff, Zack Maxwell, by and through his attorneys of record, Warren V. Norred and C. Chad Lampe, Norred Law, PLLC, 515 E. Border, Arlington, Texas Pursuant to Rule 197 of the Texas Rules of Civil Procedure, Defendant City of Arlington ( Defendant or the City ) hereby requests that Plaintiff Zack Maxwell ( Plaintiff ) answer the attached Interrogatories. You must serve answers to these Interrogatories thirty (30) days from the date of service hereof. Each Interrogatory must be answered separately and fully in writing. You must supplement your answers as required under Rule of the Texas Rules of Civil Procedure. IV. DEFINITIONS The following terms have the following meanings, unless the context requires otherwise: As used herein, the following terms shall have the meanings indicated below. 17. The term You, Your, Maxwell, or Plaintiff means Plaintiff Zack Maxwell and his companies, organizations, employees, agents, affiliates, officers, directors, volunteers, groups, associations, political action committees, or any other persons or entities acting on his behalf or at his behest with respect to the matters at issue in the Lawsuit, specifically including but not limited to the Arlington Voice. 18. The term Term Limits Organizations refers to the Vote For Term Limits campaign and/or the Citizens for a Better Arlington political action committee and any employees, agents, officers, directors, volunteers, or anyone else acting on their behalf or at their behest. DEFENDANT S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF PAGE 17

18 19. The term Defendant or the City means Defendant City of Arlington and its employees, agents, officers, directors, or anyone acting on his behalf, including but not limited to the Arlington City Council and Mayor Jeff Williams. 20. The term person includes, without limitation, natural persons, groups of natural persons, any business, legal or governmental entities or associations, corporations, partnerships, joint ventures, firms, associations, and any other incorporated or unincorporated entity. 21. The term Lawsuit means Cause No ; Zack Maxwell v. City of Arlington, pending in Tarrant County, Texas. 22. The term Proposed Charter Amendment refers to the Term Limit Charter Amendment that is the subject of the Lawsuit. 23. The term document refers to writings of every kind, whether originals, drafts, or non-identical copies, including without limitation: s; texts; notes; data; lists; customer lists; itineraries; letters; correspondence; communications of any nature; drawings; designs; telegrams; manuals; books of accounts; purchase orders; order acknowledgements; invoices; checks; money orders; credit memoranda; debit memoranda; contracts; agreements; studies; tabulations; charts; graphs; photographs; photostats; mimeographs; typewriting; painting; graphic reproductions; film; handwriting; video tape recordings; audio tape recordings; analysis; books; articles; magazines; newspapers; booklets; circulars; bulletins; notices; instructions; computer disks; computer printouts of any form whatsoever; letters of introduction; letters of referral; summaries; questionnaires and surveys; memoranda; notebooks of any character; documents of any character; summaries or records of personal conversations; calendars; diaries; logs; routing slips or memoranda; reports; publications; minutes or records of meetings; minutes of all other communications of any type, including inter- and intra-office communications; transcripts of oral testimony or statements; affidavits; reports and/or summaries of investigations; agreements and contracts, including all modifications and/or revisions thereof; working papers; reports and/or summaries of negotiations; court papers; brochures; pamphlets; press releases; drafts of and revisions of drafts of translations of any document; records and dictation belts; and, all tangible items. Any document with any marks on any sheet or side thereof, including by way of illustration only and not by way of limitation, initials, stamped indicia, any comment or any notation of any character and not a part of the original text, or any reproduction thereof, is to be considered a separate document for purposes of this request. If two or more identical duplicate copies of a document exist, the most legible copy should be produced for the purposes of this request. Electronic documents should be produced in their native file format with all related metadata intact. If a paper copy of an electronic document is produced, the electronic copy should be produced as well. 24. The term communication(s) shall mean and include all discussions, conversations, interviews, negotiations, s, cablegrams, mailgrams, telegrams, telexes, cables, electronic mail, or other forms of written or verbal interchange, however transmitted, including reports, notes, memoranda, lists, agenda, and other documents and records of communications, and when used shall require a statement of the name of the individual who made the communication, the person(s) to whom he made it, the date it was made, the form in which it was made, and whether or not it was recorded. DEFENDANT S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF PAGE 18

19 25. The term correspondence shall mean all written communications whether in electronic or hard-copy form. 26. The terms relate or relating to mean, in addition to their customary and usual meaning, pertain or pertaining, allude or alluding, concern or concerning, connect or connected with, in respect of, in respect to, about, regard or regarding, discuss or discussing, measure or measuring, support or supporting, analyze or analyzing, explain or explaining, constitute or constituting, evidence or evidencing, refer or referring, reflect or reflecting, assess or assessing, record or recording, and comment or commenting. 27. And and or shall be construed as conjunctive or disjunctive to ensure the provision of additional information or more complete answers and to avoid the questions herein being considered ambiguous, inaccurate, or confusing. 28. The singular shall include the plural and the plural shall include the singular whenever the effect of doing so is to increase the information responsive to these requests. 29. Including shall mean including but not limited to. 30. The term identify for persons means to provide the name, last known business address, last known residence address, last known business telephone number, and last known personal telephone number. For documents and/or communications, identify means to provide the date, the identity of participants and witnesses, and a detailed statement of the substance. 31. Describe in detail means to provide all facts, names, addresses and telephone numbers, dates, places, times, conclusions, legal bases, reasons, expectations, understandings, and other information necessary to fully answer the entire inquiry with particularity and specificity. 32. Capitalized terms used but not defined herein shall have the same meaning given those terms in in Plaintiff s Verified Original Petition, Application for Temporary Restraining Order, Temporary Injunction, Permanent Injunction, Declaratory Relief, and Violations of the Texas Open Meetings Act filed in this Lawsuit on August 13, 2018 (the Petition ). V. INSTRUCTIONS 1. The Interrogatories are to be considered as continuing, to the extent consistent with the Texas Rules of Civil Procedure, and you are requested to provide, by way of supplementary answers thereto, such additional information as you or any other person acting on your behalf may hereafter obtain that will augment or otherwise modify your answers now given to the Interrogatories below in accordance with the Texas Rules of Civil Procedure. 2. In answering the Interrogatories, furnish all information available to you, including information in the possession of your attorney, or his investigators, and all persons acting on your behalf and not merely such information known of your own personal knowledge. If you cannot answer the Interrogatories in full after exercising due diligence to secure the information, so state and answer to the extent possible, specifying your inability to answer the remainder, stating any DEFENDANT S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF PAGE 19

20 and all efforts to obtain the information necessary to answer in full, and stating whatever information or knowledge you have concerning the unanswered portions. 3. If in response to an Interrogatory you answer that the information may be derived or ascertained from business records, then your answer shall include a detailed identification of the records (including type of document, name and page numbers) and their precise location. In addition, all such records shall be produced for inspection and copying at the time your answers to these Interrogatories are due if the records are in your possession, custody, or control. If such records are furnished in conjunction with other documents, then your answer shall identify the particular records that reveal the answer to the Interrogatory. 4. If any information requested by an Interrogatory is withheld on the basis of a claim of privilege or discovery exemption, you are required to set forth: the nature of the privilege/exemption; the basis for its assertion as to each specific piece of information withheld; the nature of the information withheld; and all recipients of such information. 5. Each of your answers to each Interrogatory shall set out the Interrogatory in full, and your answer shall follow and be designated as ANSWER. 6. The singular form of a word used herein shall be construed to mean the plural and the plural to mean the singular when doing so would ensure the provision of additional information or more complete answers and to avoid the questions herein being considered ambiguous, inaccurate or confusing. VI. INTERROGATORIES INTERROGATORY NO. 1: Identify all addresses, Facebook, Instagram, Twitter, or other similar social media profiles, websites, and other media (hardcopy or digital) You own, maintain, or use to disseminate information to third parties. ANSWER: INTERROGATORY NO. 2: Identify all addresses, Facebook, Instagram, Twitter, or other similar social media profiles, webpages, and other media (hardcopy or digital) used by You in the organization, promotion and/or campaign of the Proposed Charter Amendment petition drive. ANSWER: INTERROGATORY NO. 3: Identify all individuals who assisted in the organization of, or participated in, the gathering of signatures for the petition drive in support of the Proposed Charter Amendment. For avoidance of doubt, Your response should include, at minimum, identification by name of the [o]ver 80 Arlington volunteers mentioned in Exhibit C attached hereto. ANSWER: DEFENDANT S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF PAGE 20

21 INTERROGATORY NO. 4: On page 5 of the Petition, You allege that It is no secret that the majority of council members is against term limits by the remarks they made during the August 7th public hearing on this matter.... Identify with particularity each remark made during the August 7th public hearing that You contend indicates that members of the City Council are against term limits and for each such statement identify the Council member to whom you attribute such statement. ANSWER: INTERROGATORY NO. 5: On pages 6, 8, and 9 of the Petition, You allege that a July 30, from Councilwoman Helen Moise indicates that the City Council of Arlington has deliberated in secret and illegally... on the subject of term limits. Provide the factual and legal basis to support these contentions. ANSWER: INTERROGATORY NO. 6: On page 11 of the Petition, You allege that the actions and statements by council members give evidence that they are illegally deliberating how to address the challenge of the [Proposed Charter] Amendment in secret, a violation of the Open Meetings Act. Identify with particularity each action or statement that You contend evidences any illegal deliberations by the City Council of Arlington, including but not limited to, deliberations with respect to the Proposed Charter Amendment. ANSWER: INTERROGATORY NO. 7: Do You contend that the retroactive portion of the Proposed Charter Amendment is constitutional under the Texas state or federal constitution? If so, state the legal and factual basis to support Your contention. ANSWER: INTERROGATORY NO. 8: Identify with particularity every statement You have made, distributed, or caused to be made or distributed to third parties regarding the retroactive effect of the term limitations proposed in the Citizens Amendment. ANSWER: INTERROGATORY NO. 9: Describe in detail the alleged irreparable harm You contend You would suffer if additional charter amendments were included on the November 6, 2018 ballot. DEFENDANT S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF PAGE 21

22 ANSWER: INTERROGATORY NO. 10: Do You still contend, as alleged in the Petition, that Defendants are attempting to illegally place a competing amendment on the November 6, 2018 ballot? If so, state the legal and factual basis for Your contention. ANSWER: INTERROGATORY NO. 11: Identify all damages and other legal and equitable relief You seek from Defendants in this case. Include in Your answer the date such damage(s) was incurred, the amount of damages, and the methodology used to calculate such damages. ANSWER: INTERROGATORY NO. 12: Identify with particularity every statement You have made, distributed, or caused to be made or distributed to third parties that alleges or implies the current City Council of Arlington (as whole or through its individual members) or Mayor Williams has engaged in unethical, illegal, or corrupt conduct. For avoidance of doubt, this request includes, but is not limited to, statements regarding the Proposed Charter Amendment and this Lawsuit. ANSWER: INTERROGATORY NO. 13: Identify all instances in which You interacted with, or directed others to interact with, members of the City Council or the Mayor Williams outside the context of a City Council meeting. For each instance, identify the date of the interaction, the nature of the interaction, the names of the individuals present, the location where the interaction occurred, and the substance of the exchange (if any). ANSWER: INTERROGATORY NO. 14: Identify all petitions or initiatives with which You are currently affiliated that relate or otherwise have to do with the City Council of Arlington or Mayor Williams. ANSWER: INTERROGATORY NO. 15: State the facts supporting Your contention that the City Council is corrupt, as stated in Exhibit A attached hereto. ANSWER: DEFENDANT S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF PAGE 22

23 INTERROGATORY NO. 16: State the facts supporting Your contentions regarding Mayor Williams alleged betray[al], sabotage [of] the November election, bypassing the petition process, disinformation, and unethical conduct, as stated in Exhibit B attached hereto. ANSWER: INTERROGATORY NO. 17: State the facts supporting Your contentions that Mayor Williams instructed his campaign manager to send people out... to verbally harass volunteers and those signing the petition in support of the Proposed Charter Amendment, sen[t] paid actors to the July 4 parade, and that such [p]aid actors... assault[ed] volunteers, as stated in Exhibit C attached hereto. ANSWER: INTERROGATORY NO. 18: State the facts supporting Your contention regarding Mayor Williams alleged unethical behavior and immoral decisions, as stated in Exhibit D attached hereto. ANSWER: INTERROGATORY NO. 19: State the facts supporting Your contention that the City Council broke the rules, abused citizens, and is using money to defend their inexcusable behavior, as stated in Exhibit E attached hereto. ANSWER: DEFENDANT S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF PAGE 23

24 INTERROGATORY NO. 20: State the facts supporting Your contention that the Arlington Chamber of Commerce manipulate[s] and buy[s] out council persons for control, as stated in Exhibit F attached hereto. ANSWER: INTERROGATORY NO. 21: State the facts supporting Your contention that the City Council clearly violated its own city charter and abused its rules, as stated in Exhibit G attached hereto. ANSWER: INTERROGATORY NO. 22: Identify each person by name, address, address, and telephone number who assisted in answering these interrogatories. ANSWER: Respectfully submitted, /s/ Chad Arnette Chad Arnette State Bar No chad.arnette@kellyhart.com Elizabeth Cuneo State Bar No elizabeth.cuneo@kellyhart.com David E. Miles State Bar No david.miles@kellyhart.com KELLY HART & HALLMAN LLP 201 Main Street, Suite 2500 Fort Worth, TX (817) Telephone (817) Fax ATTORNEYS FOR DEFENDANT JEFF WILLIAMS IN HIS OFFICIAL CAPACITY AS MAYOR DEFENDANT S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF PAGE 24

25 C. Robert Heath State Bar No BICKERSTAFF HEATH DELGADO ACOSTA LLP 3711 S. MoPac Expressway Building One, Suite 300 Austin, Texas Telephone: (512) Facsimile: (512) ATTORNEYS FOR DEFENDANTS CITY OF ARLINGTON AND JEFF WILLIAMS IN HIS OFFICIAL CAPACITY AS MAYOR CITY OF ARLINGTON CITY ATTORNEY S OFFICE Teris Solis, City Attorney State Bar No teris.solis@arlingtontx.gov Cynthia Withers, Assistant City Attorney State Bar No cynthia.withers@arlingtontx.gov 101 S. Mesquite St., Suite 300 Arlington, Texas (817) Telephone (817) Fax ATTORNEYS FOR DEFENDANTS CITY OF ARLINGTON AND JEFF WILLIAMS IN HIS OFFICIAL CAPACITY AS MAYOR DEFENDANT S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF PAGE 25

26 CERTIFICATE OF SERVICE This is to certify that on this 11th day of September, 2018, a true and correct copy of the foregoing document was served upon the following counsel of record via electronic service pursuant to Tex. R. Civ. P. 21a, as follows: Warren V. Norred C. Chad Lampe NORRED LAW, PLLC 515 E. Border Arlington, TX wnorred@norredlaw.com chad@norredlaw.com Attorneys for Plaintiff C. Robert Heath BICKERSTAFF HEATH DELGADO ACOSTA LLP 3711 S. MoPac Expressway Building One, Suite 300 Austin, TX bheath@bickerstaff.com City of Arlington City Attorney s Office Teris Solis, City Attorney Cynthia Withers, Assistant City Attorney 101 S. Mesquite St., Suite 300 Arlington, TX teris.solis@arlingtontx.gov cynthia.withers@arlingtontx.gov Attorneys for Defendants City of Arlington /s/ Chad Arnette Chad Arnette DEFENDANT S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF PAGE 26

27 CAUSE NO ZACK MAXWELL, IN THE DISTRICT COURT Plaintiff, v. 352nd JUDICIAL DISTRICT CITY OF ARLINGTON and JEFF WILLIAMS, in his Individual and Official Capacity as Mayor, Defendant. TARRANT COUNTY, TEXAS DEFENDANT CITY OF ARLINGTON S FIRST REQUEST FOR ADMISSIONS TO PLAINTIFF ZACK MAXWELL TO: Plaintiff, Zack Maxwell, by and through his attorneys of record, Warren V. Norred and C. Chad Lampe, Norred Law, PLLC, 515 E. Border, Arlington, Texas Pursuant to Tex. R. Civ. P. 198, Defendant the City of Arlington ( Defendant or the City ) hereby requests that Plaintiff ( Plaintiff or Maxwell ) admit or deny each request for admission, separately and fully, within thirty (30) days from the date of service of these requests. Each request must be answered separately and fully in writing. Plaintiff is further requested to supplement its answers as required under Tex. R. Civ. P VII. DEFINITIONS The following terms have the following meanings, unless the context requires otherwise: As used herein, the following terms shall have the meanings indicated below. 33. The term You, Your, Maxwell, or Plaintiff means Plaintiff Zack Maxwell and his companies, organizations, employees, agents, affiliates, officers, directors, volunteers, groups, associations, political action committees, or any other persons or entities acting on his behalf or at his behest with respect to the matters at issue in the Lawsuit, specifically including but not limited to the Arlington Voice. DEFENDANT S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF PAGE 27