CASE NO.

201234954
Demeatrice Goff
Plaintiffs,
v.
National Housing Development
Corporation, Colony , LLC
Defendants
)
)
)
)
)
)
)
)
IN THE129th COUNTY
JUDICIAL DISTRICT
COURT
COUNTY OF HARRIS
STATE OF TEXAS
Motion for Contempt And Enforcement
Of Subpoena As Filed
TO THE HONORABLE JUDGE OF SAID COURT:
The Petitioners, files this Motion for Contempt against defendant Kevin Fulton and
thereof would show the following:
I.
Defendant agent defendant Kevin Fulton is a resident of Harris County, and may
be served with process in this contempt proceeding by serving the attorney of
record Kevin Fulton a 5741 T.C.Jester Street, Suite 101, Houston, Tx 77077 or
wherever he may be found.
II.
a) Defendant Kevin Fulton was served a subpoena requiring production of
documents . One specific documents the petitioners request is the sworn
:
S
T
K
K
N
H
N
F
Q
(
T
U
^
4
K
K
N
H
J
T
K
(
M
W
N
X
)
F
S
N
J
Q
)
N
X
Y
W
N
H
Y
(
Q
J
W
P
statement of Carrie Clark Used as evidence in the petitioners hearing on
their motion to produce bona fides and credentials.
b) On the 2
nd
day of July 2014 was served by subpoena duces tecum requesting
appearance at deposition. The Supoena is attached to motion as exhibit A
c) The Defendant is fully aware of the terms of the Subpoena as it is
contained in the subpoena as a warning of the consequences for not
answering the subpoena or producing the documents
III
a) The defendant Kevin Fulton is duty-bound to obey the commands of the
subpoena.
b) Defendant has failed and continues to fail to obey the commands of the
subpoena.
IV.
Civil contempt in Texas is the process by which a court exerts its judicial authority
to compel obedience to some order of the court. Ex parte Padron, 565 S.W.2d at
924 (citing Ex parte Werblud, 536 S.W.2d 542, 545 (Tex. 1976) (orig. proceeding)
Rule 692 of the Texas Rules of Civil Procedure sets forth the procedure for
punishment for contempt of court. The rule provides that a judge may issue a show
cause order requiring a person to appear on such date as may be designated and
show cause why he should not be adjudged in contempt of court. On return of such
show cause order, the judge shall proceed to hear proof, and if satisfied that such
person has disobeyed the subpoena, either directly or indirectly, may commit such
person to jail without bail until he purges himself of such contempt, in such
manner and form as the judge may direct.
V.
Because Defendant Defendant Kevin Fulton continues to fail and refuse to obey
the commands of the subpoena, the petitioners have no alternative but to institute
this contempt proceeding seeking to have Defendant agent Kevin Fulton held in
:
S
T
K
K
N
H
N
F
Q
(
T
U
^
4
K
K
N
H
J
T
K
(
M
W
N
X
)
F
S
N
J
Q
)
N
X
Y
W
N
H
Y
(
Q
J
W
P
contempt of court and punished in accordance with Rule 692 of the Texas Rules of
Civil Procedure.
ACCORDINGLY, the Petitioners requests the following:
a) That Defendant agent Kevin Fulton be ordered to appear before the Court
at a designated date and time and show cause why he should not be held in
contempt for violations of the subpoena executed upon her personally July
2
nd
2014.
b) That upon hearing, Defendant agent Kevin Fulton be found in contempt of
court and be punished in accordance with the requirements of Rule 692 of
the Texas Rules of Civil Procedure until such time as she agrees to be
deposed as demanded in the subpoena and thereby purges herself of her
contempt.
c) That Defendant Kevin Fulton be ordered to produce the documents
requested in totality by the subpoena , particularly the sworn notarized
statement of Carrie Clark, this document appears nowhere in the court
docket yet was submitted as evidence. Kevin Fulton has refused to turnover
this document as well.
d) That upon hearing, the Court issue such additional orders as may be
appropriate and necessary to enforce the nature and terms of the subpoena
executed upon Kevin Fulton on June 25
th
2014.
e) That the Petitioners be granted such further relief to which it may be entitle
Demeatrice Goff /s/ Demeatrice Goff
Daryl Barnes /s/Daryl Barnes
7741 james Franklin
Houston, TX 77088
832-988-0403
dbarnes.humble@gmail.com
:
S
T
K
K
N
H
N
F
Q
(
T
U
^
4
K
K
N
H
J
T
K
(
M
W
N
X
)
F
S
N
J
Q
)
N
X
Y
W
N
H
Y
(
Q
J
W
P
CERTIFICATE OF SERVICE
I hereby certify that I have forwarded a true and correct copy of the foregoing
motion forcontempt to all Defendants in accordance with the Texas Rules of Civil
Procedure., on this 3
rd
of day of September, 2014
Demeatrice Goff /s/ Demeatrice Goff
Daryl Barnes /s/Daryl Barnes
514 International Village Dr.
Humble, TX 77338
(281)319-5385
:
S
T
K
K
N
H
N
F
Q
(
T
U
^
4
K
K
N
H
J
T
K
(
M
W
N
X
)
F
S
N
J
Q
)
N
X
Y
W
N
H
Y
(
Q
J
W
P