Notices to Take Deposition Upon Oral Examination and Subpoena Duces Tecum to Rios

    UNITED STATES DISTRICT COURT 
WESTERN DISTRICT OF TEXAS 
MIDLAND-ODESSA DIVISION 

LULAC COUNCIL #4434, et al., 
Plaintiffs, 

Civil Action No. 

MO-88-CA-154 

Vs. 

JIM MATTOX, et al., 

Defendants. CO
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NOTICE TO TAKE DEPOSITION UPON ORAL EXAMINATION 
AND SUBPOENA DUCES TECUM 
  

  

To: Rolando Rios 

201 N. St. Mary's, Suite 521 
San Antonio, Texas 78205 

Attorney for Plaintiffs 

Please take notice that beginning at 4:00 P.M., Central Standard 

Time, on the 25th day of August, 1989, at 451 South Main Street, San 

Antonio, Texas, the State Defendants in the above-entitled action will 

take the deposition of Richard Reyna, upon oral examination 

pursuant to Rules 26, 31, and 45 of the Federal Rules of Civil 

Procedure, before an officer authorized by law to administer oaths. 

The witness shall produce the documents designated in this 

document for inspection and copying. The oral examination will 

continue from day to day until completed. You are invited to attend 

and cross-examine. 

 



  

Definitions 
  

The term “document” means every writing or record of any 

type and description that is in your possession, control, or custody, 

including without limitation, correspondence, memoranda, 

stenographic or handwritten notes, drafts, accounts, voice recordings, 

reports, statistical compilations, work papers, data processing cards, 

computer tapes or printouts, or any other writing or records of any 

kind. The term "document" also includes every copy of a writing or 

record which contains any commentary or notation of any kind 

which does not appear on the original or any other copy. A 

document is deemed to be within your "control" if you have 

ownership, possession, or custody of the document or a copy thereof, 

or the right to secure the document or a copy thereof from any other 

person or public or private entity having physical possession thereof. 

The phrase "relating to" a subject or fact means containing, 

embodying, referring to, comprising, reflecting, explaining, or having 

a logical, factual or causal connection with the subject. 

The phrase "counties involved in this lawsuit" means the 

following counties: Harris, Dallas, Bexar, Tarrant, Travis, Jefferson, 

Lubbock, Galveston, McLennan, Ector, Midland, and Crosby. 

Documents To Be Produced 
  

The following documents, files and things are to be produced: 

1. All documents, computer printouts and summaries of them, 

including preliminary or non-final ones, relating to every 

 



  

electoral contest in the counties involved in this lawsuit which 

you have analyzed for purposes of this litigation. 

2. All documents, computer printouts and summaries of them, 

including preliminary or non-final ones, relating to the role of 

race and/or ethnic background in primary and general 

elections for judicial offices since 1970 in the counties involved 

in this lawsuit. 

3. All documents, computer printouts and summaries of them, 

including preliminary or non-final ones, relating to voter 

behavior, including matters of racially polarized voting in the 

counties involved in this lawsuit. 

4. All documents, computer printouts and summaries of them, 

including preliminary or non-final ones, relating to 

geographical compactness of an identifiable racial or ethnic 

group or groups in the counties involved in this lawsuit. 

5. All documents, computer printouts and summaries of them, 

including preliminary or non-final ones, relating to the Zimmer 

factors which you contend are present and support your claim 

of a Section 2 violation in the counties involved in this lawsuit. 

6. All documents, computer printouts and summaries of them, 

including preliminary or non-final ones, relating to the three 

Gingles factors which you contend are present and support 

your claim of a Section 2 violation in the counties involved in 

this lawsuit. 

Dated: August 18, 1989. 

 



  

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WL ud Frid Lot; Ye, L wt oA 

Renea Hicks JV a 
Special Assistant Attorney General 

  

Javier Guajardo 

Assistant Attorney General 

P. O. Box 12548, Capitol Station 

Austin, Texas 78711-2548 

(512) 463-2085 

CERTIFICATE OF SERVICE 

I certify that on this 18th day of August, 1989, I sent a copy of 
the foregoing pleading by first class United States mail, postage 
prepaid, to each of the following: Edward B. Cloutman, III, Mullinax, 
Wells, Baab & Cloutman, P.C., 3301 Elm Street, Dallas, Texas 75226- 
1637; William L. Garrett, Garrett, Thompson & Chang, 8300 Douglas, 
Suite 800, Dallas, Texas 75225; Sherrilyn A. Ifill, NAACP Legal 
Defense and Educational Fund, Inc., 99 Hudson Street, 16th Floor, 
New York, New York 10013; Gabrielle K. McDonald, 301 Congress 
Avenue, Suite 2050, Austin, Texas 78701: J. Eugene Clements, Porter 
& Clements, 700 Louisiana, Suite 3500, Houston, Texas 77002-2730: 
and Robert H. Mow, Jr., Hughes & Luce, 2800 Momentum Place, 1717 
Main Street, Dallas, Texas 75201. 

  
florusn IR “4 A feet A 
Renea Hicks 

 



  

UNITED STATES DISTRICT COURT 
WESTERN DISTRICT OF TEXAS 
MIDLAND-ODESSA DIVISION 

LULAC COUNCIL #4434, et al., 

Plaintiffs, 

Civil Action No. 

MO-88-CA-154 

VS. 

JIM MATTOX, et al. 

Defendants. CO
N 

CO
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LO
N 

CO
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CO
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LO
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O
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NOTICE TO TAKE DEPOSITION UPON ORAL EXAMINATION 

AND SUBPOENA DUCES TECUM 
  

  

To: Rolando Rios 

201 N. St. Mary's, Suite 521 

San Antonio, Texas 78205 

Attorney for Plaintiffs 

Please take notice that beginning at 9:00 A.M., Central Standard 

Time, on the 23rd day of August, 1989, at 451 South Main Street, San 

Antonio, Texas, the State Defendants in the above-entitled action will 

take the deposition of Richard Engstrom, upon oral examination 

pursuant to Rules 26, 31, and 45 of the Federal Rules of Civil 

Procedure, before an officer authorized by law to administer oaths. 

The witness shall produce the documents designated in this 

document for inspection and copying. The oral examination will 

continue from day to day until completed. You are invited to attend 

and cross-examine. 

 



  

Definitions 
  

The term “document” means every writing or record of any 

type and description that is in your possession, control, or custody, 

including without limitation, correspondence, memoranda, 

stenographic or handwritten notes, drafts, accounts, voice recordings, 

reports, statistical compilations, work papers, data processing cards, 

computer tapes or printouts, or any other writing or records of any 

kind. The term "document" also includes every copy of a writing or 

record which contains any commentary or notation of any kind 

which does not appear on the original or any other copy. A 

document is deemed to be within your "control" if you have 

ownership, possession, or custody of the document or a copy thereof, 

or the right to secure the document or a copy thereof from any other 

person or public or private entity having physical possession thereof. 

The phrase "relating to" a subject or fact means containing, 

embodying, referring to, comprising, reflecting, explaining, or having 

a logical, factual or causal connection with the subject. 

The phrase "counties involved in this lawsuit" means the 

following counties: Harris, Dallas, Bexar, Tarrant, Travis, Jefferson, 

Lubbock, Galveston, McLennan, Ector, Midland, and Crosby. 

Documents To Be Produced 
  

The following documents, files and things are to be produced: 

1. All documents, computer printouts and summaries of them, 

including preliminary or non-final ones, relating to every 

 



  

electoral contest in the counties involved in this lawsuit which 

you have analyzed for purposes of this litigation. 

2. All documents, computer printouts and summaries of them, 

including preliminary or non-final ones, relating to the role of 

race and/or ethnic background in primary and general 

elections for judicial offices since 1970 in the counties involved 

in this lawsuit. 

3. All documents, computer printouts and summaries of them, 

including preliminary or non-final ones, relating to voter 

behavior, including matters of racially polarized voting in the 

counties involved in this lawsuit. 

4. All documents, computer printouts and summaries of them, 

including preliminary or non-final ones, relating to 

geographical compactness of an identifiable racial or ethnic 

group or groups in the counties involved in this lawsuit. 

5. All documents, computer printouts and summaries of them, 

including preliminary or non-final ones, relating to the Zimmer 

factors which you contend are present and support your claim 

of a Section 2 violation in the counties involved in this lawsuit. 

6. All documents, computer printouts and summaries of them, 

including preliminary or non-final ones, relating to the three 

Gingles factors which you contend are present and support 

your claim of a Section 2 violation in the counties involved in 

this lawsuit. 

Dated: August 18, 1989. 

 



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Korg Hits L, Lum 4] 100s lf. 
Hicks 1) / / 

Special Assistant Attorney General 

Javier Guajardo 

Assistant Attorney General 

P. O. Box 12548, Capitol Station 
Austin, Texas 78711-2548 
(512) 463-2085 

CERTIFICATE OF SERVICE 

I certify that on this 18th day of August, 1989, I sent a copy of 
the foregoing pleading by first class United States mail, postage 
prepaid, to each of the following: Edward B. Cloutman, III, Mullinax, 
Wells, Baab & Cloutman, P.C., 3301 Elm Street, Dallas, Texas 75226- 
1637; William L. Garrett, Garrett, Thompson & Chang, 8300 Douglas, 
Suite 800, Dallas, Texas 75225; Sherrilyn A. Ifill, NAACP Legal 
Defense and Educational Fund, Inc., 99 Hudson Street, 16th Floor, 
New York, New York 10013; Gabrielle K. McDonald, 301 Congress 
Avenue, Suite 2050, Austin, Texas 78701: J. Eugene Clements, Porter 
& Clements, 700 Louisiana, Suite 3500, Houston, Texas 77002-2730; 
and Robert H. Mow, Jr., Hughes & Luce, 2800 Momentum Place, 1717 
Main Street, Dallas, Texas 75201. 

7 

/ izing Hid Lyre ON f. Cetrecets fom 
  

Renea Hicks 

 



  

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF TEXAS 
MIDLAND-ODESSA DIVISION 

LULAC COUNCIL #4434, et al., 

Plaintiffs, 

Civil Action No. 

MO-88-CA-154 

VS. 

JIM MATTOX, et al., 

Defendants. 

CO
P 

LO
R 

LO
R 

LO
N 

LO
N 

LO
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LO
N 

NOTICE TO TAKE DEPOSITION UPON ORAL EXAMINATION 
AND SUBPOENA DUCES TECUM 
  

  

To: Rolando Rios 

201 N. St. Mary's, Suite 521 

San Antonio, Texas 78205 

Attorney for Plaintiffs 

Please take notice that beginning at 9:00 A.M., Central Standard 

Time, on the 25th day of August, 1989, at 451 South Main Street, San 

Antonio, Texas, the State Defendants in the above-entitled action will 

take the deposition of Robert Brischetto, upon oral examination 

pursuant to Rules 26, 31, and 45 of the Federal Rules of Civil 

Procedure, before an officer authorized by law to administer oaths. 

The witness shall produce the documents designated in this 

document for inspection and copying. The oral examination will 

continue from day to day until completed. You are invited to attend 

and cross-examine. 

 



  

Definitions 
  

The term "document" means every writing or record of any 

type and description that is in your possession, control, or custody, 

including without limitation, correspondence, memoranda, 

stenographic or handwritten notes, drafts, accounts, voice recordings, 

reports, statistical compilations, work papers, data processing cards, 

computer tapes or printouts, or any other writing or records of any 

kind. The term "document" also includes every copy of a writing or 

record which contains any commentary or notation of any kind 

which does not appear on the original or any other copy. A 

document is deemed to be within your "control" if you have 

ownership, possession, or custody of the document or a copy thereof, 

or the right to secure the document or a copy thereof from any other 

person or public or private entity having physical possession thereof. 

The phrase "relating to" a subject or fact means containing, 

embodying, referring to, comprising, reflecting, explaining, or having 

a logical, factual or causal connection with the subject. 

The phrase "counties involved in this lawsuit" means the 

following counties: Harris, Dallas, Bexar, Tarrant, Travis, Jefferson, 

Lubbock, Galveston, McLennan, Ector, Midland, and Crosby. 

Documents To Be Produced 
  

The following documents, files and things are to be produced: 

1. All documents, computer printouts and summaries of them, 

including preliminary or non-final ones, relating to every 

 



é 

  

electoral contest in the counties involved in this lawsuit which 

you have analyzed for purposes of this litigation. 

2. All documents, computer printouts and summaries of them, 

including preliminary or non-final ones, relating to the role of 

race and/or ethnic background in primary and general 

elections for judicial offices since 1970 in the counties involved 

in this lawsuit. 

3. All documents, computer printouts and summaries of them, 

including preliminary or non-final ones, relating to voter 

behavior, including matters of racially polarized voting in the 

counties involved in this lawsuit. 

4. All documents, computer printouts and summaries of them, 

including preliminary or non-final ones, relating to 

geographical compactness of an identifiable racial or ethnic 

group or groups in the counties involved in this lawsuit. 

5. All documents, computer printouts and summaries of them, 

including preliminary or non-final ones, relating to the Zimmer 

factors which you contend are present and support your claim 

of a Section 2 violation in the counties involved in this lawsuit. 

6. All documents, computer printouts and summaries of them, 

including preliminary or non-final ones, relating to the three 

Gingles factors which you contend are present and support 

your claim of a Section 2 violation in the counties involved in 

this lawsuit. 

Dated: August 18, 1989. 

 



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/Z, oy, ma ins 7 Lager ttf 
Renea Hicks 4 
Special Assistant Attorney General 

  

  

Javier Guajardo 

Assistant Attorney General 

P. O. Box 12548, Capitol Station 

Austin, Texas 78711-2548 

(512) 463-2085 

CERTIFICATE OF SERVICE 

I certify that on this 18th day of August, 1989, I sent a copy of 
the foregoing pleading by first class United States mail, postage 
prepaid, to each of the following: Edward B. Cloutman, III, Mullinax, 
Wells, Baab & Cloutman, P.C., 3301 Elm Street, Dallas, Texas 75226- 
1637; William L. Garrett, Garrett, Thompson & Chang, 8300 Douglas, 
Suite 800, Dallas, Texas 75225; Sherrilyn A. Ifill, NAACP Legal 
Defense and Educational Fund, Inc., 99 Hudson Street, 16th Floor, 
New York, New York 10013; Gabrielle K. McDonald, 301 Congress 
Avenue, Suite 2050, Austin, Texas 78701; J. Eugene Clements, Porter 
& Clements, 700 Louisiana, Suite 3500, Houston, Texas 77002-2730: 
and Robert H. Mow, Jr., Hughes & Luce, 2800 Momentum Place, 1717 
Main Street, Dallas, Texas 75201. 

  

oe fH IN 4. Sadi Cait. Renea Hicks Fg 4