ACCEPTED 12-15-00244-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 12/23/2015 11:28:20 PM Pam Estes Dee CLERK
From: NoReply@MyFax.com Sent: Thursday, February 26, 2015 6:30 PM To: Dee Subject: Successful transmission to 19035813701. Re: McCain V. Lott; Discovery Responses FILED IN 12th COURT OF APPEALS TYLER, TEXAS 12/23/2015 11:28:20 PM PAM ESTES Clerk
Dear Amy,
Re: McCain V. Lott; Discovery Responses
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)2015. Allrights reserved. MyFax is a registered trademark of j2 Cloud Services, Inc. and its affiliates. Your use of the MyFaxservice is subject to the terms of the MyFax Customer Agreement. MyCase- McCain V. Lott; Discovery Responses 12/21/2015
McCain V. Lott; Discovery Responses & Outgoing E-mail 3 Attachments
To: vmetcal@tyler.net, 19035813701@my6x.com From: dee@amydlong.com Sent: Thu Feb, 26 2015 5:54 pm Case Link: McCain v. Lott
Mr. Metcalf,
Attached you will find- 1) Defendant's Response to Request fer Admissions, 2) Defendant's Answers to First Set ofInterrogatories, and 3) Defendant's Answers to Request fer Production. Iwill have the Response to Request fer Disclosure to you tomorrow. Iapologize overiooking it since it was within the body ofyour petition rather than attached like the rest ofthe discovery requests.
Ihad called and lefl amessage with your office when you were out ofstate in trial. It has come to our attention Judge Skeen isrelated within the third degree ofaffinity to the Plaintiff Please give mc a call to discuss the best way to handle thatmatter.
Iwould like to take your client's oral deposition inthe very near future. Please let me know some dates on which Mrs. McCain and you will be available.
Thank you,
Amy D. Long
Attorney & Counselor at Law
100 E. Ferguson, Suite 610
First Place - Regions Bank Bldg.
Tyler, Texas 75702
903-592-1641 telephone
903-592-8043 Jacsimile
This E-mail contains legally privileged and/or confidential information. Any use, dissemination, distribution orreproduction ofthis message oritsattachments, ifany, by anyone except the intended recipient(s) isstrictly prohibited. Ifyou received this communication in error, please notify the sender immediately by telephone or reply e-mail and delete this message from your system.
Filename
McCainVLottDA2 lstlrrogs.pdf Case: McCain v. Lott
McCainVLottDR2R4A.pdf Case: McCain v. Lott
McCainVLottDR2R4P.pdf Case: McCain v. Lott
rrttps://amydJong.my^as&cornfincomngjemails/3249761/prinl 1/1 Cause No. 15-0053-C
CHALEY MCCAIN INTHE DISTRICT COURT
VS. 241CT JUDICIAL DISTRICT LARRY S. LOTT D/B/A LARRY LOTT INTERIORS SMITH COUNTY, TEXAS
DEFENDANTS ANSWERS TO FIRST SET OF INTERROGATORIES
TO: ChaleyMcCain, by andthrough herattorney ofrecord, Vance L. Metcalf, Kent, Anderson, Bush, Frost& Metcalf P.C., 1121 ESE Loop 323, Suite 200, Tyler Texas 75701
Pursuantto the Texas Rules ofCivil Procedure, Defendant provides the following Answers to First Set of Interrogatories.
INTERROGATORY NO. 1: If you deny Request for Admission No. 1, state the factual and legal basis for said denial
ANSWER: Defendant denies Request for Admission No. 1 because the Plaintiffand Defendant neverentered intoavalidenforceable agreement Thereis no written contract between Plaintiff and Defendant There was never an offer acceptance in strict compliance with the terms ofthe offer or a "meeting of the minds'* as tomaterial provisions ofany agreement between Plaintiffand Defendant There was noagreement where both parties consented toterms and there was no consideration for any agreement, orifthere was consideration, it failed in whole orpart Three was never any executionor deliveryofany contract with the intent that it was mutual and binding upon Plaintiffand Defendant
Alternatively, and if there was some sort of agreement, which Defendant denies, then all conditions precedent have notoccurred. Plaintiffrailed to give notice of claim as required. Further any agreement orcontract alleged byPlaintiffis illegal and/or void against public policy and enforcement would beunconscionable. Anyalleged agreement between Plaintiffand Defendant was the product of duress, ormistake of feet If there was an agreement, it was discharged by accord and satisfaction and/or was modified. Ifthere was an agreement Defendant alleges Plaintiff failed to mitigate damages and railed to perform the agreement Defendant is entitled to offsets.
INTERROGATORY NO. 2: For each payment made to you by Ms. Kay Bracken during 2013 and 2014, state the date the payment was received and the amount ofthe payment DEFENDANTS ANSWERS TQ FIRST SET OF INTERROOATORIFg i ANSWER: Defendant objects to Interrogatory Number 2for the reason such information is aprotected trade secret under Texas Rule ofEvidence 507. See Affidavit of Larry Lott attached as Exhibit "A". Further, the Defendant objects to the extent the burden or expense ofthe proposed discovery outweighs it's likely benefit, taking into account the needs of the case, amount in controversy, the parties' resources, the importance of the issues at state inthe litigation, and the importance ofthe proposed discovery in resolving the issues. TRCP 192.4(b). Further the interrogatory subjects Petitioner and his client to an invasion ofpersonal, constitutional or property rights. TRCP 192.6(b). The interrogatory seeks discovery of information that isnot relevant tothe subject matter of the lawsuit and is notreasonably calculated to lead to thediscovery of admissible evidence. TRCP 192.3(a). Objection is madeto this interrogatory totheextent the discovery isobtainable from some other sourcethat is more convenient, less burdensome, or less expensive. TRCP 192.4(a).
INTERROGATORY NO. 3: Foreach payment made by you to Plaintiff Chaley McCain during 2013 and 2014, state the date the payment was made and the amount ofthe payment
ANSWER: Defendant objects to Interrogatory Number 3 because the discovery has already been provided to Plaintiffandis therefore unreasonably cumulative or duplicative and is obtainable from some other sources mat is moreconvenient, lessburdensome orlessexpensive. TRCP 192.4(a). Interrogatory Number 3 subjects Defendant to undue burden, unnecessary expense, harassment or annoyance. TRCP 192.6(b).
INTERROGATORY NO. 4: State the terms and conditions of any written or oral agreement you had with the Plaintiff Chaley McCain, related towork you performed byyou for Ms. Kay Bracken.
ANSWER: None. There was never awritten agreement or any "meeting ofthe minds" as toterms and conditions related toany oral agreement related to any work performed by Defendant for Ms. Kay Bracken.
INTERROGATORY NO. 5: State the dollar amount ofmoney you contend is owed, ifany, by you to Ms. Chaley McCain at the present time andthe method used to calculate saidamount
ANSWER: $0.00. TTiere is no method used to calculate any amount owed because there was nocontract between Plaintiffand Defendant written or otherwise.
DEFENDANT'S ANSWERS TQ FIRST SET OF INTERROGATOR IKS INTERROGATORY NO. 6: .
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ACCEPTED 12-15-00244-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 12/23/2015 11:28:20 PM Pam Estes Dee CLERK
From: NoReply@MyFax.com Sent: Thursday, February 26, 2015 6:30 PM To: Dee Subject: Successful transmission to 19035813701. Re: McCain V. Lott; Discovery Responses FILED IN 12th COURT OF APPEALS TYLER, TEXAS 12/23/2015 11:28:20 PM PAM ESTES Clerk
Dear Amy,
Re: McCain V. Lott; Discovery Responses
The 39 page fax you sent through MyFax.com to 19035813701 was successfully transmitted at 2015-02-27 00:29:39 (GMT).
The length of transmission was 1991 seconds
The receiving machine's fax ID:
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Contact Customer Support
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Reference ID:
Hi!
)2015. Allrights reserved. MyFax is a registered trademark of j2 Cloud Services, Inc. and its affiliates. Your use of the MyFaxservice is subject to the terms of the MyFax Customer Agreement. MyCase- McCain V. Lott; Discovery Responses 12/21/2015
McCain V. Lott; Discovery Responses & Outgoing E-mail 3 Attachments
To: vmetcal@tyler.net, 19035813701@my6x.com From: dee@amydlong.com Sent: Thu Feb, 26 2015 5:54 pm Case Link: McCain v. Lott
Mr. Metcalf,
Attached you will find- 1) Defendant's Response to Request fer Admissions, 2) Defendant's Answers to First Set ofInterrogatories, and 3) Defendant's Answers to Request fer Production. Iwill have the Response to Request fer Disclosure to you tomorrow. Iapologize overiooking it since it was within the body ofyour petition rather than attached like the rest ofthe discovery requests.
Ihad called and lefl amessage with your office when you were out ofstate in trial. It has come to our attention Judge Skeen isrelated within the third degree ofaffinity to the Plaintiff Please give mc a call to discuss the best way to handle thatmatter.
Iwould like to take your client's oral deposition inthe very near future. Please let me know some dates on which Mrs. McCain and you will be available.
Thank you,
Amy D. Long
Attorney & Counselor at Law
100 E. Ferguson, Suite 610
First Place - Regions Bank Bldg.
Tyler, Texas 75702
903-592-1641 telephone
903-592-8043 Jacsimile
This E-mail contains legally privileged and/or confidential information. Any use, dissemination, distribution orreproduction ofthis message oritsattachments, ifany, by anyone except the intended recipient(s) isstrictly prohibited. Ifyou received this communication in error, please notify the sender immediately by telephone or reply e-mail and delete this message from your system.
Filename
McCainVLottDA2 lstlrrogs.pdf Case: McCain v. Lott
McCainVLottDR2R4A.pdf Case: McCain v. Lott
McCainVLottDR2R4P.pdf Case: McCain v. Lott
rrttps://amydJong.my^as&cornfincomngjemails/3249761/prinl 1/1 Cause No. 15-0053-C
CHALEY MCCAIN INTHE DISTRICT COURT
VS. 241CT JUDICIAL DISTRICT LARRY S. LOTT D/B/A LARRY LOTT INTERIORS SMITH COUNTY, TEXAS
DEFENDANTS ANSWERS TO FIRST SET OF INTERROGATORIES
TO: ChaleyMcCain, by andthrough herattorney ofrecord, Vance L. Metcalf, Kent, Anderson, Bush, Frost& Metcalf P.C., 1121 ESE Loop 323, Suite 200, Tyler Texas 75701
Pursuantto the Texas Rules ofCivil Procedure, Defendant provides the following Answers to First Set of Interrogatories.
INTERROGATORY NO. 1: If you deny Request for Admission No. 1, state the factual and legal basis for said denial
ANSWER: Defendant denies Request for Admission No. 1 because the Plaintiffand Defendant neverentered intoavalidenforceable agreement Thereis no written contract between Plaintiff and Defendant There was never an offer acceptance in strict compliance with the terms ofthe offer or a "meeting of the minds'* as tomaterial provisions ofany agreement between Plaintiffand Defendant There was noagreement where both parties consented toterms and there was no consideration for any agreement, orifthere was consideration, it failed in whole orpart Three was never any executionor deliveryofany contract with the intent that it was mutual and binding upon Plaintiffand Defendant
Alternatively, and if there was some sort of agreement, which Defendant denies, then all conditions precedent have notoccurred. Plaintiffrailed to give notice of claim as required. Further any agreement orcontract alleged byPlaintiffis illegal and/or void against public policy and enforcement would beunconscionable. Anyalleged agreement between Plaintiffand Defendant was the product of duress, ormistake of feet If there was an agreement, it was discharged by accord and satisfaction and/or was modified. Ifthere was an agreement Defendant alleges Plaintiff failed to mitigate damages and railed to perform the agreement Defendant is entitled to offsets.
INTERROGATORY NO. 2: For each payment made to you by Ms. Kay Bracken during 2013 and 2014, state the date the payment was received and the amount ofthe payment DEFENDANTS ANSWERS TQ FIRST SET OF INTERROOATORIFg i ANSWER: Defendant objects to Interrogatory Number 2for the reason such information is aprotected trade secret under Texas Rule ofEvidence 507. See Affidavit of Larry Lott attached as Exhibit "A". Further, the Defendant objects to the extent the burden or expense ofthe proposed discovery outweighs it's likely benefit, taking into account the needs of the case, amount in controversy, the parties' resources, the importance of the issues at state inthe litigation, and the importance ofthe proposed discovery in resolving the issues. TRCP 192.4(b). Further the interrogatory subjects Petitioner and his client to an invasion ofpersonal, constitutional or property rights. TRCP 192.6(b). The interrogatory seeks discovery of information that isnot relevant tothe subject matter of the lawsuit and is notreasonably calculated to lead to thediscovery of admissible evidence. TRCP 192.3(a). Objection is madeto this interrogatory totheextent the discovery isobtainable from some other sourcethat is more convenient, less burdensome, or less expensive. TRCP 192.4(a).
INTERROGATORY NO. 3: Foreach payment made by you to Plaintiff Chaley McCain during 2013 and 2014, state the date the payment was made and the amount ofthe payment
ANSWER: Defendant objects to Interrogatory Number 3 because the discovery has already been provided to Plaintiffandis therefore unreasonably cumulative or duplicative and is obtainable from some other sources mat is moreconvenient, lessburdensome orlessexpensive. TRCP 192.4(a). Interrogatory Number 3 subjects Defendant to undue burden, unnecessary expense, harassment or annoyance. TRCP 192.6(b).
INTERROGATORY NO. 4: State the terms and conditions of any written or oral agreement you had with the Plaintiff Chaley McCain, related towork you performed byyou for Ms. Kay Bracken.
ANSWER: None. There was never awritten agreement or any "meeting ofthe minds" as toterms and conditions related toany oral agreement related to any work performed by Defendant for Ms. Kay Bracken.
INTERROGATORY NO. 5: State the dollar amount ofmoney you contend is owed, ifany, by you to Ms. Chaley McCain at the present time andthe method used to calculate saidamount
ANSWER: $0.00. TTiere is no method used to calculate any amount owed because there was nocontract between Plaintiffand Defendant written or otherwise.
DEFENDANT'S ANSWERS TQ FIRST SET OF INTERROGATOR IKS INTERROGATORY NO. 6: . Ifyou contend that you do not currently owe any money to Chaley McCain, state toe legal and factual basis for your contention. ANSWER: No contract exists written or otherwise for Defendant to owe Plaintiff anything.
tfully submitted,
Amy l^/Long Attorney at Law 100 East Ferguson, Suite 610 Tyler, Texas 75702 903-592-1641 office 903-592-8043 facsimile amv@amvdIong.com State Bar No. 24036984
CERTIFICATE OF SERVICE
I certify that a true andcorrect copy of the foregoing has been placed in the UnitedStates mail, postage prepaid, to
Vance L. Metcalf Kent, Anderson, Bush, Frost & Metcalf, P.C. 1121 ESE Loop 323, Suite 200 Tyler Texas 75701
on this 'dayofFebruary2015.
DEFENDANT'S ANSWERS TO FIRSTSET OF INTERROGATORIES VERIFICATION
STATE OF TEXAS
COUNTY OF SMITH
BEFORE ME, the undersigned authority, on this day personally appeared LARRY S. LOTT. who, after being duly sworn on his oath deposed and stated that his name is LARRY S. LOTT and he is Defendant in the above entitled and numbered cause, that he has read the above and foregoing and that the statements contained therein are within his personal knowledge and are true and correct.
Further Affiant sayeth not.
:arry S. LOTT
SUBSCRIBED AND SWORN TO BEFORE ME by LARRY S. LOTT on the^&^ciay of February 2015 to certify which witness my hand and
NotAry^Public, in and for The State of Texas Cause No. 15-0053-C
CHALEY MCCAIN IN THE DISTRICT COURT
VS. 241st JUDICIAL DISTRICT LARRY S. LOTT D/B/A LARRY LOTT INTERIORS SMITH COUNTY, TEXAS
DEFENDANT'S RESPONSE TO REQUEST FOR ADMISSIONS
TO: Chaley McCain, by and through her attorney ofrecord, Vance L. Metcalf; Kent, Anderson, Bush, Frost &Metcalf, P.C., 1121 ESE Loop 323, Suite 200, Tyler Texas 75701
Pursuant to the Texas Rules ofCivil Procedure, Defendant provides the following Responsesto Request for Admissions:
REQUEST FOR ADMISSION NO. 1: Admit that you entered into avalid and enforceable agreement with PlaintiffChaley McCain whereby you agreed to pay her 10% ofall amounts you billed Ms. Kay Bracken for the furnishing and renovation ofMs. Bracken's properties. RESPONSE: Deny.
REQUESTFOR ADMISSIONNO. 2: Admit that you billed Ms. Bracken atotal of$6,200,000.00 for the furnishing and renovationofher properties.
RESPONSE: Deny.
REQUEST FOR ADMISSION NO. 3: Admit that you owed PlaintiffChaley McCain atotal of$620,000.00 under the agreement referenced in Request forAdmission No. 1. RESPONSE: Deny.
REQUEST FOR ADMISSION NO. 4: Admftthat you did not fully comply with your obligations to Ms. McCain under the agreement referenced mRequest for Admission No. 1 RESPONSE: Deny.
DEFENDANTS RESPONSF Tn INQUEST mi» An^icc,^ REQUEST FOR ADMISSION NO. 5: Admit that, as a result ofyour breach, you owe Ms. McCain $294,748.95 and that said amount is due and owing at this time.
REQUEST FOR ADMISSION NO. 6: Admit that the Plaintiff Chaley McCain, referred Kay Bracken to you.
RESPONSE: Admit.
pectfully submitted,
AraVEM=erfg| Attorney at l^n 100 East Ferguson, Suite 610 Tyler, Texas 75702 903-592-1641 office 903-592-8043 facsimile amv(fi).amvdlong.com State Bar No. 24036984
Icertify that atrue and correct copy ofthe foregoing has been placed in the United States mail, postage prepaid, to Vance L. Metcalf Kent, Anderson, Bush, Frost & Metcalf, P.C 1121 ESE Loop 323, Suite 200 Tyler Texas 75701 / on tois^Wdav ofFebruary 2015.
DEFENDANT'S RESPONSF TO REQUEST FOR ADMISSIONS Cause No. I5-0053-C
VS. 241st JUDICIAL DISTRICT LARRY S. LOTT D/B/A LARRY LOTT INTERIORS SMITHCOUNTY, TEXAS
DEFENDANT'S ANSWERS TO REQUEST FOR PRODUCTION
TO: Chaley McCain, byand through her attomey ofrecord, Vance L. Metcalf; Kent, Anderson, Bush, Frost &Metcalf, P.C., 1121 ESE Loop 323, Suite 200, Tyler Texas 75701
Pursuant to the Texas Rules ofCivil Procedure, Defendant provides the following Answers to Request for Production.
REQUEST FOR PRODUCTION NO. 1: Pioa^ce all invoices billing statements, receipts and other documents reflecting amounts yoiibiUedand/orcollected from Ms. Kay Bracken related to fumishmg orientation work you performed at her properties. "^uvauun ANSWER: Defendant objects to the production ofsuch documents, and documents nave been withheld pursuant to Trade Secret Privilege. TRE 507. REQUEST FOR PRODUCTION NO. 2: Produce all written agreements between you and Kay Bracken. ANSWER: MU» objects to the production ofsuch dements, and dements nave been withheld pursuant to Trade Secret Privilege. TRE 507.
REQUEST FOR PRODUCTION NO 3-
ANSWER: Defeat objecte to production ofthese documents becausethey are SSTsubjects therefore wHH^T1*"* Defendant to unduekPUMffs Possession^ burden and expense and is pi»P««
.DEFENDANT'S ANSWERS m 9VtvmT FOR p„nnII^x, REQUEST FOR PRODUCTION NO. 4: Produceall emails, text messages, letters and other correspondence between you and Chaley McCain related to this lawsuit.
ANSWER: Objection is made to the extent the Request for Production Number 4 requires production of "all" emails, text messages, letters and other correspondence between Defendant and Plaintiff related to this lawsuit because as a matter of course some text messages may have rolled off Defendant's telephone. Further, Defendant haschanged telephones, and some ofthe text messages which would beresponsive may not be available to Defendant. Subject to such objection, Defendant produces the attached 25 pages which are screen shots ofthe text messages Defendant has been able to access from his former cell phone. Defendant is not aware of any emails, letters orother correspondence between Plaintiffand Defendant, but will timely supplement ifany other responsive documents become available to Defendant.
at Law 100 East Ferguson,( Tyler, Texas 75702 903-592-1641 office 903-592-8043 facsimile amv@amvdlonq.com State Bar No. 24036984
CERTIFICATE OF SERVirF.
Icertify that atrue and correct copy ofthe foregoing has been placed in the United States mail, postage prepaid, to
Vance L. Metcalf Kent, Anderson, Bush, Frost &Metcalf, PC 1121 ESE Loop 323, Suite 200 Tyler Texas 75701
on ttqs7W"'Nfay of February 2015.
DEFENDANT'S AN.SWFRSTnppQnFSTFnppp^,,^,^ Affidavit of Larrv Lott in Support of Discovery Objections
STATEOFTEXAS § § COUNTY OF SMITH §
Defendant, Larry Lott, appeared before me today and stated under oath:
"My name is LarryLott I am above the ageofeighteen years, and I am fully
competent to make this affidavit The facts stated in this affidavit are wimin my personal
knowledge and are true and correct
I am the ownerandoperator of Larry Lott Interiors, a home furnishings and
design servicebusiness locatedin Tyler, Texas since 2009. I have been in the home
interiors and design business inTyler over ten years. Before opening my ownstore, I had beenin the home interior anddesign business in Texas since 1997.
I have built my client list and vendor list over many years and with great care and at great expense. My business is largely about personal relationships with myvendors and my clients. Iam in the homes ofmy customers and very involved in designing and customizing their most personal spaces in their homes and inner sanctum. My clients expect certain measures oftheir privacy will be protected byme and bymy vendors and contractors working in myclients' homes. This privacy (including their financial information) is avery integral part ofmy services to my clients and is kept in the strictest ofconfidences.
Chaley McCain, arealtor and an acquaintance ofmine, has sued me and my business on abreach ofcontract theory. There is no written contract ofany type between
Affidavit ofLarrv Lott in Support ofDiscovery OhjecHnns Mrs. McCain and myselfand there never has been awritten contract of any type between
Plaintiff and me or my business.
Indiscovery asa part ofhersuit, Chaley McCain is requesting I produce
protected client and vendor trade secret information. Specifically, Mrs. McCain is requesting the following documents which constitute protected trade secret information:
1. all invoices, billing statements, receipts and other
documents reflectingamounts you billed and/or collectedfrom Ms.
Kay Bracken related tofurnishing or renovation workyou
performed at her properties.
2. all written agreements between you and Kay
Bracken
The documents requested above contain trade secrets and private client
information. The vendor information Ihave developed at great expense and over a number ofyears. That information includes but is not limited to the name, identity, location and pricing ofmy vendors, materials sources, contractors, subcontractors, along with mypersonal pricing strategies and design strategies. Chaley McCain has not shown by any evidence (other than her bare assertion) mere was ever any contract between Plaintiff; Chaley McCain and myselfor my business. Chaley McCain has not shown that the information she is requesting is material ornecessary fora fair adjudication ofherclaim.
Furthermore, not disclosing mytrade secrets will not tend toconceal fraud or otherwise work an injustice. The information contained in the documents requested by Chaley McCain are my protected trade secrets in the home interior design business and
Affidavit of Larrv Lott in Support of DiscoveryOhiertinn« o have been developed by me over many years. Theinformation contained inthe documents Plaintiffrequests is notknown to others outside ofmy business andis known
only bykeyemployees ofmine which were involved onthe Bracken project orinvolved inmy book-keeping operations. I have spent years of time, effort and money developing my specialized vendor listand special pricing agreements with vendors and contractors.
The information I have which aremy tradesecretswould take others years oftime, toil
andmoney to duplicateor acquire. I have taken greatpainsto protect my information
and documentation related to my clients and my vendors because disclosure ofsuch
information would undermine my clients' trust in me and reveal personal and financial
information about my clients and my vendors. Disclosure ofsuch information to my
competitors would give them an unfair advantage and be extremelyvaluable to my
competitors.
I have taken great measures to guardthe valuable trade secret information which
Plaintiffhas requested including having employees and contractors used by mydesign business to signnon-disclosure agreements, the locking ofthe information in a client file
and invendor files, and segregating the information from the eyes ofnon-key employees, competitors and the public. I have special security systems installed inmy building to safeguard mybusiness and trade secrets. The information requested byPlaintiffisvery valuable tomybusiness and ifrevealed tomycompetitors would bevery valuable to memand enable themanunfair competitive advantage.
The information requested byPlaintiffdoes not inany way relate toany contract or agreement Plaintiffalleges may have existed between Plaintiffand me or mybusiness, Larry Lott Interiors.
Affidavitof Larrv Lott in Support of Discovery Objections 3 Larry Lott
SIGNED under oath before me on <£- ^ (j? fu"~: ,2015.
Affidavit of Larrv Lott in Support of Discovery Objections NoSIM 10:58AM -f*35%ID { Messages Chaley Details WITT) US Fri, Aug 15,9:21 AM 807 pinedaie place. 75701 Mon, Aug 25,1:18 PM Want to pick up my rug on Wednesday: Came by but you were dosed Sure Delivered KSa iTv/iessao'c DR2P1R4P NoSIM 10*8 AM f $ 3S%E3 < Messages Chaley Details I'm just so hurt and sad overall this. Just saying. I tried and you wouldn't meet with lis Fri, Aug 15, 9:21 AM 807 pinedale place. 75701 Mon, Aug 25,1:18 PM Wanttopickup ! iMessage DR2P1R4P No SIM 10:58 AM 1 % 35% ^ Messages Chaley Details with Kay and told her how you were refusing to pay money you owed me. Evidently much more than I thought. We might want to visit Thu, Aug 14. 9:19 PM Send me your mailing address Thu, Aug 14, 11:07 PM O DR2P1R4P NoSIM 10:58AM f * 35%BZ> < Messages Chaley Details we can keep them at home. That's where my money goes. I'm not some evil greedy person!! Wed, Aug 13,2:31 PM You need to let me know when and if you want to meet. Thu, Aug 14,6:25 PM Just has meeting DR2P1R4P No SIM IfcSSAM 1 % 35% {Messages Chaley Details ^nd work out a solution because we don t want this to get ugly. I do consider you a friend and I was totally shocked when you went off on me. We had a deal. I'm not living high on the hog over here. I stJIIwork ev^^. It cost full tfm6 help with Jirti's-p^nfe^ - . ••> HI r* [ ;i (Message > € DR2P1R4P < Messages Chaley Details the money owed to me. Period. That's all I am trying to be really nice about this. Last year as of dec 1 Kay had spent 3.2 million. You paid me 268,000. That is about a sixty thdusand dollar drflference. Butall I care about is this year.That's why I want to sit iMessage DR2P1R4P No SIM 10:57 AM •i % 35% I K. Messages Chaley Details what you owe me. We can meet today or as early as possible. I'm not in the real estate business and I'm not willing to meet, put anything in writing you wish to discuss, and we are friends! I am writing this...we want to meet to discuss ISI © DR2P1R4P No SIM 10:57AM "f*36%BZ> •^ Messages Chaley Details me for clients. We don't want a terrible court battle. We just want to sit down with you and your financial planner and discuss the situation as soon as possible. Put anything in writing you want to discuss I put in a text I want to discuss © DR2P1R4P 8 No SIM 1fc57AM «f*38%«3 < Messages Chaley Details buyer was referred to us say from a real estate person in Lubbock. Because they picked up the phone and called us with the referral they will ir*ake 25 percent if what we make. $oiSCfiQfor :upa SWanns pard \ [Message DR2P1R4P NoSIM IfcSSAM -f*38% < Messages Chaley Details Dusy.flrsparerrts~ are both very I'll, we spend a lot of time taking care of them. All we want to discuss is the amount if money you owe me. We are not out to get you and Jthought we were friends. In the real estate business if we sell a 5 million dollar piece of property and the : iMessage DR2P1R4P 10 No SIM 10:56 AM •f $ 36% BZ> \ Messages Chaley Details like to meet with you this week. Probably when you close would be best. Just let me know a time Sun, Aug 10, 10:22 PM Put anything in writing you want to discuss and seen it to me Mon, Aug 11, 11:27 AM Jimand I are verv jQl o DR2P1R4P 11 No SIM 10:56 AM -f x 36% MZ1> < Messages Chaley Details me when I bpught that house!! Thank you Chaley!!!! 9999 She must be mad today Omg She is doNe with doc Sun, Aug 10, 8:54 PM Jim and I would DR2P1R4P 12 No SIM 10:56 AM 1 I 36% BZ> < Messages Chaley Details unreal. Kay is sooo excited!! Wed, May 28, 9:48 AM Soo sorry about your dog. Just said a prayer that everything will be okay Thanks Sun, Jul 6, 12:29 PM The devil must have possessed . m © DR2P1R4P 13 NoSIM 1&56AM *$36%«Z> ^ Messages Chaley Details 400,000 from a while back but that would be more of it. You just work on it please and let me know. If it's too hard I can get printout from her accountant. Sure will do Mon, May 12, 9:47 PM The house is DR2P1R4P 14 NoSM 10*6 AM f$3S%aZ> < Messages Chaley Details happening: Tue, May 6, 5:30 PM I know about 60 was when first bookeeperwas there, "foni kept saying she would go back and check it but she never did. Taxes were not included in my^h^cks. I checked it, Then I don't know if she has Paid the iMessage , DR2P1R4P 15 NoStM IfcSSAM -f<38%«Z> \ Messages Chaley Details Hey Uirry. I called Stephanie about my checks. She said I had one for 5000.00. As per Kay's accountant we are over 4 million which makes about 100,0001 havent gotten yet. Steiphanie seems like she is having ^^Biitftimd fisfuririg it oirt. Jq^lkrrieknow 1 iMfcssage DR2P1R4P 16 Li dttHdZUQ
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si!e;ea Aajeqo saBesse^ y I%IZ %L WV SS--OI- WIS on No SIM 1fc55 AM -f % 37% BZ> < Messages Chaley Details Love that bar!!! Wed, Apr 30, 6:33 PM tsi •• • DR2P1R4P 18 NoSIM 10:55 AM -f >'37%WZj < Messages Chaley Details Some how she thinks the government is going to watch her through the house I'll leave the chandelier in the dining room! Sconces that match, pillars, Italian planters, maybe that will help the sale of the house! I'm also like to have © DR2P1R4P 19 No SIM 10:55 AM f $ 37% tD ^ Messages Chaley Details God he's a nut job!!! I emailed you about it Smart House to&Sj TV Movie - 8?min - Comedy. A tcorugor wins a fully 35^ automated dreamhouse in a •> competition, but soon the computer con&CBmgit ectr-ns • to take ever. 6.1 •. _ - ~ Rata Cr.tic Rcvxiws Share or check-in o DR2P1R4P 20 No SIM 10:55 AM f i 37% ^ Messages Chaley Details unaergroun tunnels, shelters, heliport pads, rockets to the moon , I never say no! Well I'll even do a house on the moon for her! True!! I really worried about that ozone stuff he's doing to her! . Hi © DR2P1R4P 21 No SIM 10:54 AM -f $ 37% BZ> < Messages Chaley Details Just heard back. She said the stress is killing her??? Stress of what??? Then she said she wanted a solar house and I told her shit never worked in them. Probably made her mad Great We can always add solar, DR2P1R4P 22 No SIM 10:54 AM •i > 37% BZ> ^ Messages Chaley Details I'm worried about that ozone stuff she is doing , it says it can kill you on the internet I think it's doing something to her mind!!! . 23 DR2P1R4P No SIM 10:55 AM -f $ 37% KD ^ Messages Chaley Details P9ht Always optional Thu, Apr 24, 7:03 PM Larry basically I am a simple person and this has brought me down more than anything and is taking my health with it!! I'm really sorry, I can't continue on- M H & 24 DR2P1R4P No SIM 10:55 AM i'': 37% bz> ^ Messages Chaley Details the blackout shade that Bobby is painting! So sorry I just can't do this any longer- You have got to see her the minute you get home!! Maybe tell her the house can become dumb. I'm freaking DR2P1R4P 25