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CAUSE NO. DC11-02497

DWAINE R. CARAWAY IN THE DISTRICT COURT

Plaintiff
v.

GREGG ABBOTT, ATTORNEY GENERAL

OF STATE OF TEXAS, and
CITY OF DALLAS
Defendants
A ND 68111 JUDICIAL DISTRICT

THE DALLAS MORNING NEWS, INC.

Intervenor

THE DALLAS MORNING NEWS, INC.

Cross-Claim Plaintiff
v.

CITY OF DALLAS DALLAS COUNTY, TEXAS

PLAINTIFF'S MOTION TO OUASH NOTICE OF DEPOSITION OF

DWAINE R. CARAWAY AND MOTION FOR PROTECTIVE ORDER

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, DWAINE R. CARAWAY, Plaintiff in the above-entitled cause, and files this

Motion to Quash Notice of Deposition of Dwaine R. Caraway and Motion for Protective Order, and

in support thereof would show the Court the following:

MOTION TO QUASH NOTICE OF DEPOSITION

I.

On or about March 9, 2011, Plaintiff received Intervenor/Cross-Claim Plaintiff, The

Dallas Morning News, Inc.'s Notice of Deposition of Dwaine R. Caraway, noticing same for

March 17, 2011 at 8:30 a.m. at the offices of Intervenor's counsel. A copy of said Notice is

attached hereto as Exhibit "A."

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11.

Pursuant to Texas Rule of Civil Procedure 199.4, a party may object to the time and place

designated for an oral deposition by filing a motion to quash the deposition notice. Accordingly,

Plaintiff requests that the Notice of Deposition be quashed.

This Motion to Quash has been filed within three (3) business days of receipt of the

referenced Notice of Deposition and therefore, the oral deposition of the Plaintiff is stayed until the

Court rules on said Motion, but no sooner than the Court's ruling on Plaintiff's Motion to Strike

Intervention.

MOTION FOR PROTECTIVE ORDER

I.

Intervenor filed its' Plea In Intervention on March 9, 2011. At the same time, Intervenor

noticed the deposition of the Plaintiff for March 17, 2011, without first conducting a conference with

the Plaintiffs counsel or the counsel for the other named parties.

Plaintiff has filed a Motion to Strike Intervenor's Plea In Intervention challenging the

intervention and has asked the Court to set the Motion to Strike for hearing.

Because intervention by uninvited participants has the potential for disrupting pending suits,

trial courts should rule on motions to strike intervention before considering other matters such as

severance. In re Union Carbide Corp., 272 S.W.3d 152, 156 (Tex. 2008). Thus, Plaintiff seeks a

protective order from the Court, protecting him from any and all discovery propounded on the

Plaintiff by the Intervenor including, but not limited to, oral depositions and written discovery

requests.

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WHEREFORE, PREMISES CONSIDERED, Plaintiff espectfully asks the Court to set

this matter for a hearing, and after hearing, issue an Order protecting the Plaintiff from any and all

discovery requests by the Intervenor, until such time as the Court rules on Plaintiffs Motion to

Strike Plea In Intervention. The Plaintiff further seeks such other relief to which he may show

himself to be justly entitled, at law and in equity.

Respectfully Submitted,

PAYMA, KUHNEL & SMITH, P.C.

Midway Tower
4230 LBJ Freeway, Suite 121
Dallas, Texas 75244
(214) 999-0000
(214) 999-1111 Facs mil

Byr
CHAEL D. PAYMA
State Bar No.: 00790560
SAMMIE M. SMITH
State Bar No.: 24044902
ATTORNEYS FOR PLAINTIFF

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CERTIFICATE OFSERVICE

I here by certify that a true and correct copy f the foregoin /s Ge i ent has been orwarded
to the following by the method indicated on this the'll m of Marc

726,17,<
AMME M. SNIII H

The Honorable Gregg Abbott

Attorney General of the State of Texas
Office of The Attorney General
Open Record Division
P.O. Box 12548
Austin, Texas 78701-2548
Via C.M.R.R.R. and Facsimile

Mr. Thomas Perkins

City Attorney
City of Dallas
1500 Marilla Street, Room 7DN
Dallas, Texas 75201
Via Facsimile (214)670-0622

Mr. Paul C. Walter

Jackson Walker, LLP
901 Main Street, Suite 6000
Dallas, Texas 75202
Via Facsimile (214)953-5822

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FIAT

The above and foregoing Motion filed by Movant, having been presented to me and the Court

being of the opinion that a hearing on same is necessary, and;

IT IS THEREFORE ORDERED that said Motion be, and same is hereby set for hearing

on the day of , 2011, at .m. before the Honorable Judge

Snelson, Associate District Judge, Dallas County, Texas.

SIGNED on 2011 .

JUDGE PRESIDING

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