CAUSE NO. CC-l 9—05279—B
`
`MICHAEL PEDEVILLA; RICHARD ROE;
`
`IN THE COUNTY COURT AT LAW
`
`FILED
`1/15/2021 2:59 PM
`JOHN F. WARREN
`COUNTY CLERK
`DALLAS COUNTY
`
`JOHN SMITH; DENNIS PETERSEN;
`
`CHARLES JONES; ADAM WILLIAMS;
`
`SAM BROWN; AND JAMES JOHNSON;
`
`Plaintiffs;
`
`JOHN DOE;
`
`Plaintiff-Intervenor,
`
`V.
`
`THE JESUIT PREPARATORY SCHOOL
`
`OF DALLAS, INC. ; THE JESUIT
`PREPARATORY SCHOOL OF DALLAS
`
`FOUNDATION, INC. ; ROMAN
`
`CATHOLIC DIOCESE OF DALLAS;
`ROMAN CATHOLIC DIOCESE OF
`
`CORPUS CHRISTI; ROMAN CATHOLIC
`
`ARCHDIOCESE OF SAN ANTONIO;
`ROMAN CATHOLIC ARCHDIOCESE OF
`
`GALVESTON-HOUSTON; CATHOLIC
`SOCIETY OF RELIGIOUS AND
`
`LITERARY EDUCATION; PETER
`
`CALLERY; VINCENT MALATESTA;
`
`AND ROBERT CRISP,
`
`Defendants.
`
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`
`NO. 2
`
`DALLAS COUNTY; TEXAS
`
`DEFENDANT CATHOLIC SOCIETY OF RELIGIOUS AND LITERARY
`
`EDUCATION’S MOTION FOR PROTECTION WITH REGARD TO
`
`THE NOTICE OF DEPOSITION OF FR. POSTELL, S.J.
`
`TO THE HONORABLE MELISSA BELLAN:
`
`Defendant Catholic Society of Religious and Literary Education (“Catholic Society”)
`
`hereby files this motion seeking the Court’s protection with regard to Plaintiffs’ request to depose
`
`Fr. Phil Postell; S.J.
`
`Defendant Catholic Society of Religious and Literary Education’s
`Motion for Protection with Regard to the Notice of Deposition of Fr. Postell, S.J.
`
`Page 1
`
`
`
`MICHAEL PEDEVILLA; RICHARD ROE;
`
`IN THE COUNTY COURT AT LAW
`
`FILED
`1/15/2021 2:59 PM
`JOHN F. WARREN
`COUNTY CLERK
`DALLAS COUNTY
`
`JOHN SMITH; DENNIS PETERSEN;
`
`CHARLES JONES; ADAM WILLIAMS;
`
`SAM BROWN; AND JAMES JOHNSON;
`
`Plaintiffs;
`
`JOHN DOE;
`
`Plaintiff-Intervenor,
`
`V.
`
`THE JESUIT PREPARATORY SCHOOL
`
`OF DALLAS, INC. ; THE JESUIT
`PREPARATORY SCHOOL OF DALLAS
`
`FOUNDATION, INC. ; ROMAN
`
`CATHOLIC DIOCESE OF DALLAS;
`ROMAN CATHOLIC DIOCESE OF
`
`CORPUS CHRISTI; ROMAN CATHOLIC
`
`ARCHDIOCESE OF SAN ANTONIO;
`ROMAN CATHOLIC ARCHDIOCESE OF
`
`GALVESTON-HOUSTON; CATHOLIC
`SOCIETY OF RELIGIOUS AND
`
`LITERARY EDUCATION; PETER
`
`CALLERY; VINCENT MALATESTA;
`
`AND ROBERT CRISP,
`
`Defendants.
`
`umooooooooocoaco:mmmmmmmmmmmmmmmmmmmmm
`
`NO. 2
`
`DALLAS COUNTY; TEXAS
`
`DEFENDANT CATHOLIC SOCIETY OF RELIGIOUS AND LITERARY
`
`EDUCATION’S MOTION FOR PROTECTION WITH REGARD TO
`
`THE NOTICE OF DEPOSITION OF FR. POSTELL, S.J.
`
`TO THE HONORABLE MELISSA BELLAN:
`
`Defendant Catholic Society of Religious and Literary Education (“Catholic Society”)
`
`hereby files this motion seeking the Court’s protection with regard to Plaintiffs’ request to depose
`
`Fr. Phil Postell; S.J.
`
`Defendant Catholic Society of Religious and Literary Education’s
`Motion for Protection with Regard to the Notice of Deposition of Fr. Postell, S.J.
`
`Page 1
`
`
`
`The Catholic Society asks for protection with regard to this requested deposition for the
`
`following reasons:
`
`Defendants assert that discovery should be conducted in stages, with preliminary discovery
`
`limited to the issue of limitations. The Catholic Society refers the Court to Defendants’ Motion
`
`for Preliminary Discovery, filed on January 15, 2021. Thus, even if some discovery is permitted
`
`to continue, the deposition of Fr. Postell, 8.]. should be quashed or limited to issues bearing on the
`
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`
`be able to provide that would bear on any of the Plaintiffs’ defenses to the application of the statute
`
`of limitations.
`
`Second, in the alternative, Plaintiffs have repeatedly asserted that they intend to compel
`
`additional document production in this matter. The Catholic Society does not believe additional
`
`document production is warranted, but of course respects Plaintiffs’ ability to litigate any motion
`
`to compel they might assert is warranted. The Catholic Society submits that Plaintiffs should
`
`litigate any motion to compel before initiating fact witness discovery,
`
`to avoid the cost,
`
`inefficiencies, and potential prejudice that could be involved in Plaintiffs seeking to re-depose any
`
`fact witness taken before they have sought to compel any documents they presently intend to
`
`cmnpel
`
`Third, in the further alternative, if depositions are to commence, the first deponents should
`
`be the Plaintiffs in this matter.
`
`Wherefore, Defendant respectfully requests that this Court quash the deposition of Fr.
`
`Postell, SJ. and for such other relief, at law or in equity, to which the Defendants may be justly
`
`entitled.
`
`Defendant Catholic Society of Religious and Literary Education’s
`Motion for Protection with Regard to the Notice of Deposition of Fr. Postell, S].
`
`Page 2
`
`
`
`Respectfully submitted,
`
`By:
`
`/S/ Fields Alexander
`Fields Alexander
`
`Texas Bar No. 00783528
`
`Allison Miller
`
`State Bar No. 24046440
`
`Kate Skagerberg
`State Bar No. 24058578
`
`Patrick Redmon
`
`State Bar No. 24110258
`
`BECK REDDEN LLP
`
`1221 McKinney, Suite 4500
`Houston, Texas 77010
`
`Telephone: (713) 95 1 -3 700
`Facscimile: (713) 951-3720
`falexander@beckredden.com
`amiller@becl<redden.com
`ksl<agerberg@beckredden.com
`prednion@beckredden.com
`
`ATTORNEYS FOR DEFENDANT
`
`CATHOLIC SOCIETY OF RELIGIOUS AND
`
`LITERARY EDUCATION
`
`Defendant Catholic Society of Religious and Literary Education’s
`Motion for Protection with Regard to the Notice of Deposition of Fr. Postell, S].
`
`Page 3
`
`
`
`CERTIFICATE OF CONFERENCE
`
`Counsel for movant and counsel for respondent have personally conducted a conference at
`which there was a substantive discussion of every item presented to the Court in this motion and
`despite best efforts counsel have not been able to resolve those matters presented.
`
`Certified to this 15th day of January, 2021.
`
`
`/S/ Fields Alexander
`
`Fields Alexander
`
`CERTIFICATE OF SERVICE
`
`I certify that a true and correct copy of this document was served upon all counsel of record
`in compliance with the Texas Rules of Civil Procedure on January 15, 2021.
`
`/s/ Fields Alexander
`
`Fields Alexander
`
`Defendant Catholic Society of Religious and Literary Education’s
`Motion for Protection with Regard to the Notice of Deposition of Fr. Postell, S].
`
`Page 4
`
`
`
`Automated Certificate of eService
`This automated certificate of service was created by the efiling system.
`The filer served this document via email generated by the efiling system
`on the date and to the persons listed below. The rules governing
`certificates of service have not changed. Filers must still provide a
`certificate of service that complies with all applicable rules.
`
`Ashlee McCrary on behalf of Fields Alexander
`Bar No. 783528
`amccrary@beckredden.com
`Envelope ID: 49761310
`Status as of 1/15/2021 3:08 PM CST
`
`Associated Case Party: JOHN DOE
`
`m—m—W
`————-
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`————-
`———--
`————-
`———--
`————-
`———--
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`
`
`Associated Case Party: THE JESUIT PREPARATORY SCHOOL OF DALLAS
`FOUNDATION, INC.
`
`Stephen C. Rasch
`
`16551420
`
`Stephen.Rasch@tklaw.com 1/15/2021 2:59:07 PM SENT
`
`
`
`Jake Winslett _ jake.winslett@tklaw.com
`
`1/15/2021 2:59:07 PM SENT
`
`Associated Case Party: THE JESUIT PREPARATORY SCHOOL OF DALLAS, INC.
`
`Rebecca Loegering
`
`Thomas Bernard Walsh
`
`Grant Schmidt
`
`John Christopher Sanders
`
`Thomas M. Melsheimer
`
`
`
`Automated Certificate of eService
`This automated certificate of service was created by the efiling system.
`The filer served this document via email generated by the efiling system
`on the date and to the persons listed below. The rules governing
`certificates of service have not changed. Filers must still provide a
`certificate of service that complies with all applicable rules.
`
`Ashlee McCrary on behalf of Fields Alexander
`Bar No. 783528
`amccrary@beckredden.com
`Envelope ID: 49761310
`Status as of 1/15/2021 3:08 PM CST
`
`Associated Case Party: THE JESUIT PREPARATORY SCHOOL OF DALLAS, INC.
`
`Lucy Fowler - ECF_Houston@winston.com 1/15/2021 2:59:07 PM SENT
`Thomas B.Walsh
`twalsh@winston.com
`1/15/2021 2:59:07 PM SENT
`
`
`
`Associated Case Party: ROMAN CATHOLIC DIOCESE OF DALLAS
`
`mum
`
`
`
`Charlene Davidson
`
`cdavidson@lw com 1/15/2021 2 59 07 PM SENT
`
`Mary Emma A. Karam 830200
`
`1/15/2021 2 59 07 PM SENT
`
`Miguel Ortiz -— 1/15/2021 2:59 07 PM SENT
`
`Associated Case Party: ROMAN CATHOLIC DIOCESE OF CORPUS CHRISTI
`
`
`
`1/15/2021 2:59:07 PM SENT
`David Campa _ david.campa.svc@gmail.com
`Roxane mlglesias- roxane.iglesias@rangellaw.com 1/15/2021 2:59:07 PM SENT
`
`Associated Case Party: ROMAN CATHOLIC ARCHDIOCESE OF SAN ANTONIO
`
`1/15/2021 2:59:07 PM SENT
`
`_- isaac.huron@archsa.org
`Melissa Wilson- melissa.wilson@archsa.org
`
`1/15/2021 2:59:07 PM SENT
`
`Associated Case Party: ROMAN CATHOLIC ARCHDIOCESE OF
`GALVESTON-HOUSTON
`
`
`
`Automated Certificate of eService
`This automated certificate of service was created by the efiling system.
`The filer served this document via email generated by the efiling system
`on the date and to the persons listed below. The rules governing
`certificates of service have not changed. Filers must still provide a
`certificate of service that complies with all applicable rules.
`
`Ashlee McCrary on behalf of Fields Alexander
`Bar No. 783528
`amccrary@beckredden.com
`Envelope ID: 49761310
`Status as of 1/15/2021 3:08 PM CST
`
`Associated Case Party: ROMAN CATHOLIC ARCHDIOCESE OF
`GALVESTON-HOUSTON
`
`Frank Barlow Rynd
`
`17498300
`
`frynd@archgh.org
`
`1/15/2021 2:59:07 PM SENT
`
`
`
`
`1/15/2021 2:59:07 PM SENT
`—_ eperry@yettercoleman.com
`Reagan Simpson - rsimpson@yettercoleman.com 1/15/2021 2:59:07 PM SENT
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`1/15/2021 2:59:07 PM SENT
`
`Case Contacts
`
`m-mw
`———--
`————-
`———--
`———--
`————-
`———--
`————-
`———--
`
`Associated Case Party: CATHOLIC SOCIETY OF RELIGIOUS AND LITERARY
`EDUCATION D/B/A JESUITS OF THE NEW ORLEANS PROVINCE
`
`Patrick Redmon
`
`Kate J.Skagerberg
`
`Allison StandishMiller
`
`
`
`Automated Certificate of eService
`This automated certificate of service was created by the efiling system.
`The filer served this document via email generated by the efiling system
`on the date and to the persons listed below. The rules governing
`certificates of service have not changed. Filers must still provide a
`certificate of service that complies with all applicable rules.
`
`Ashlee McCrary on behalf of Fields Alexander
`Bar No. 783528
`amccrary@beckredden.com
`Envelope ID: 49761310
`Status as of 1/15/2021 3:08 PM CST
`
`Associated Case Party: CATHOLIC SOCIETY OF RELIGIOUS AND LITERARY
`EDUCATION D/B/A JESUITS OF THE NEW ORLEANS PROVINCE
`
`Fields Alexander - falexander@beckredden.com
`
`1/15/2021 2:59:07 PM SENT
`
`Associated Case Party: PETER CALLERY
`
`
`
`1/15/20212:59:07 PM SENT
`_- brhine@cobbmartinez.com
`Sandi Mallon_ smallon@cobbmartinez.com 1/15/20212:59:07 PM SENT
`
`Associated Case Party: VINCENT MALATESTA
`
`m—mw
`————-
`————-
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`————-
`————-
`———--
`
`
`
`Associated Case Party: ROBERT CRISP
`
`PatrickShort - patrick@patrickshort.com 1/15/20212:59:07 PM SENT
`Matthew Hill - matt@patrickshort.com
`1/15/20212:59:07 PM SENT
`
`_- briana@patrickshort.com 1/15/20212:59:07 PM SENT
`
`
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