CASE NO.

201234954
DEMEATRICE GOFF
Daryl Barnes
PLAINTIFFS,
V.
NATIONAL HOUSING
DEVELOPMENT
CORPORATION, COLONY,
LLC
DEFENDANTS
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IN THE129th COUNTY
JUDICIAL DISTRICT
COURT
COUNTY OF HARRIS
STATE OF TEXAS
PETITION BY THE PLAINTIFFS FOR AN ORDER
TO SHOW CAUSE WHY RESPONDENI KEVIN FULTON
SHOULD NOT BE FOUND IN CIVIL CONTEMPT
1. The petitioners Daryl Barnes and Demeatrice Goff, presents this Petition for
an Order requiring Respondent Kevin Fulton to show cause why he should
not be found in civil contempt of the properly served and propounded
subpoena,,,,,, in petitioners Daryl Barnes and Demeatrice Goff Case No.
201234954 (June 15
th
2011) A copy of the Served Subpoena is appended to
this petition as Exhibit 1 and a copy of the Motion for Contempt is appended
as Exhibit 2
The petitioners represent as follows:
9/3/2014 3:08:35 PM
Chris Daniel - District Clerk Harris County
Envelope No. 2364822
By: WILLIE J FRAZIER
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I. RESPONDENTS
The Defendant Kevin Fulton attorney of record for National Housing
Development Corporation, Colony LLC are co- defendant in the above
numbered and titled cause of action
II. JURISDICTION OF THE COURT
This petition alleges violations of the Subpoena duces tecum filed and served
upon Kevin Fulton by the Petitioners. This Court has jurisdiction both under its
inherent powers to enforce compliance with its orders as well as the
enforcement of the provisions of the subpoena. and under Section ------ of the
Texas Penal Code Final Judgment, which provides:
The Texas Supreme Court has broadly defined contempt as disobedience to
or disrespect of a court by acting in opposition to its authority, Ex parte
Chambers, 898S.W.2d 257, 259 (Tex. 1995) (orig. proceeding),and observed
that contempt is a broad and inherent power of a court, see Exparte Browne,
543 S.W.2d 82, 86 (Tex. 1976)(orig. proceeding).
This Court also retains jurisdiction to enable any party to this to apply to
this Court for enforcement of subpoenas at any time, for further orders and
directions as may be necessary or appropriate, to modify any of its
provisions, to enforce compliance, and to punish violations of its provisions.
III. RESPONDENTS' CONDUCT
a) National Housing Developement Corporation and Kevin Fulton has seemingly
chosen as a legal strategy to stonewall any attempt by the plaintiffs to engage in
the discovery process. After repeated attempts by the petitioners to elicit a
response to their legal first request for admissions from the respondents,
petitioners have yet to receive a response to properly served and legally
requested admissions. Petitioners first request for admissions were served on
Kevin Fulton August15th 2012.
b) Kevin Fulton on March 26th 2013.To date there has been no response
c) Petitioners spoke verbally with you( Mr. Kevin Fulton )via phone on March
18th 2013 and inquired of Mr. Fulton as to when an answer to the
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interrogatories served with the petitioners original petition could be expected ,
Mr. Fulton s answer was I will get back to that.
d) I spoke with you (Kevin Fulton) acting attorney in person on April
e) 29th 2013 where I inquired again as to the interrogatories where he stated Ill
get with you in a week
f) On October 23rd 2013 we conferred by email as to the request for admissions
and responses to interrogatories. I asked you for a hard date for responses. To
date you have refused to give a date certain as to the response and answers to
legally propounded and served discoverybringing us to our current position.
g) The respondents have refused to provide responses and has declined to
provide any date certain that it will provide responses to petitioners request for
lawful discovery.
h) The respondents failure to provide any responses to Discovery is seriously
hampering the petitioners ability move forward in their cause of action, and
to timely complete Discovery leading to a trial setting within the strict time
deadlines contained in the Docket Control Order as issued by the honorable
court.
i) Texas Rules of Civil gives this Court unfettered discretion to determine
whether to grant a party relief. . Defendant has willfully ignored the Texas
Rules of Civil Procedure Rules and has ignored multiple requests to provide
responses.
j) No order staying discovery has ever been entered, or requested - in this
honorable court.
IV. VIOLATIONS ALLEGED
1) Kevin fulton has engaged and continue to engage in a course of conduct
that frustrated the attempt of the petitioners to effect discovery at any
level, including refusing to respond to admissions, interrogatories and
even disclosure. Without court sanction or other intervention defendant
will continue to act with impunity and in direct contravention of the rules
as put forth in the Texas Rules of Civil Procedure as well as the Texas
Civil Practices and remedies Code. Kevin Fulton now seeks to further
contravene the rules and laws of the state of Texas by violating a
lawffly filed and served Subpoena Duces Tecum
2) Rule 176.8(a) of the Tex. R. Civ. P.. Failure by any person
without adequate excuse to obey a subpoena served upon that
person may be deemed a contempt of the court from which the
subpoena is issued or a district court in the county in which the
subpoena is served, Require witness to produce and permit
inspection and copying of designated documents or tangible
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things in the possession, custody or control of that person.and
per rule Tex. R. Civ. P. 176.2(b) may be punished by fine or
confinement, or both.
V. PRAYER
For the foregoing reasons, the Daryl Barnes and Demeatrice Goff petitioners Case
No. 201234954 respectfully requests that this Court enter an Order directing
Respondents to appear before this Court at a time and place to be fixed in that Order
and to show cause why they should not be adjudged in civil contempt of this Court.
The petitioners Daryl Barnes and Demeatrice Goff also prays for the following
relief:
1. that the Respondent be found in civil contempt for the violations of the
subpoena as described above;
2.
3. that the petitioners have any and all other relief as the Court may deem
justified.
Demeatrice Goff /s/ Demeatrice Goff
Daryl Barnes /s/Daryl Barnes
7741 James Franklin
Houston TX,77088
832-988-0403
dbarnes.humble@gmail.com
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CASE NO. 201234954
Demeatrice Goff
Plaintiffs,
v.
National Housing Development
Corporation, Colony , LLC
Defendants
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IN THE129th COUNTY
JUDICIAL DISTRICT
COURT
COUNTY OF HARRIS
STATE OF TEXAS
ORDER TO SHOW CAUSE
THIS MATTER came before the Court upon the Motion of Petitioners/ for
Order to Show Cause stating that the defendant has not complied with the
subpoena served and executed upon them, and the Court being advised in the
premises finds good cause exists to issue an Order to Show Cause.
IT IS HEREBY ORDERED that the Petitioner and Respondent appear as
follows:
Date:
Time:
Place: 201 Caroline, 129
th
district court 10
th
floor Houston, TX 77002
To SHOW CAUSE, if any there be, why the defendant should not be held in
CONTEMPT for violating the subpoena and imprisoned in the County Jail
because of failure and refusal to comply with the Subpoena entered herein.
DISTRICT JUDGE (Michael Gomez)
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CERTIFICATE OF SERVICE
I hereby certify that I have forwarded a true and correct copy of the foregoing
motion for summary judgement to all Defendants in accordance with the Texas
Rules of Civil Procedure. on this 3
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day of September, 2014
Daryl Barnes /s/Daryl Barnes
7741 James Franklin
Houston TX,77088
832-988-0403
dbarnes.humble@gmail.com
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