Trigleth v. Nytex: Motion For Continuance

MOTION FOR CONTINUANCE AND MOTION FOR SCHEDULING ORDER - Page 1
N3001.011.04.68.3
NO. DC-12-13860

GEARY TRIGLETH

v.

OIL2 HOLDINGS, INC.,
ALTERNATIVES DIRECT LLC
IGWT HOLDINGS LLC,
ROBERT COUCH AND NYTEX
PETROLEUM, INC.

IN THE DISTRICT COURT

14
TH
J UDICIAL DISTRICT

DALLAS COUNTY, TEXAS

NYTEX PETROLEUM INC.S MOTION FOR CONTINUANCE AND
MOTION FOR SCHEDULING ORDER

TO THE HONORABLE J UDGE OF SAID COURT:

COMES NOW, Defendant NYTEX Petroleum, Inc. (NYTEX), and files this Motion
for Continuance and Motion for New Scheduling Order, and in support thereof would show as
follows:

I.
INTRODUCTION
1. Plaintiff Geary Trigleth (Trigleth) filed suit against Oil 2 Holdings, Inc., Alternatives
Direct LLC, IGWT Holdings, LLC and Robert Couch (Couch) on November 27, 2012 alleging
Fraud, Unjust Enrichment, Conversion, Civil Conspiracy, Disregard of Corporate Structures,
Breach of Contract, Imposition of Constructive Trust and Disgorgement. On February 13, 2013,
Trigleth amended his suit
1

1
Styled Plaintiffs First Amended Original Petition, Application for Receivership, Application for Temporary and
Permanent Injunctions, Request for Disgorgement, Imposition of Constructive Trust and Other Relief, Request for
Disclosures and Motion to Shorten Time for Discovery (the First Amended Petition).
to include NYTEX as a party defendant, alleging Actual Fraud and
Failure to Disclose and Negligent Misrepresentation claims against NYTEX. On J uly 10, 2013,
Trigleth filed a Third Amended Original Petition, adding a UFTA cause of action against Couch.
N3001.011.04.68.3
2. The case, as it involves the remaining defendant NYTEX, is less than one year old.
3. Discovery in this suit is currently governed by a Level 2 discovery-control plan that was
entered on J anuary 2, 2013, prior to NYTEX being added as a party. During a hearing on
December 2, 2013, counsel for NYTEX indicated a willingness to extend the discovery cutoff at
the Plaintiffs request. The Court ordered both parties to confer and submit an agreed order. The
parties have not been able to agree on a scheduling order because Mr. Couchs deposition has not
been noticed or concluded for the reasons set forth below in this motion.
4. The parties mediated the case with Sidney Stahl at Burdin Mediations during December,
but the case did not settle.
5. This case is set for trial on February 25, 2013.
6. No party has made an unconditional announcement of ready for trial.

II.
FACTS
DEPOSITION OF ROBERT COUCH
7. The deposition of Robert Couch (in his individual capacity and as corporate
representative of three entities: Oil 2 Holdings, Inc., Alternatives Direct, and IGWT Holdings)
was originally noticed for May 29, 2013. It was delayed while counsel for Trigleth and Oil 2
Holdings negotiated and executed a protective order governing certain document production
issues. Following resolution of the document production issues, Mr. Couchs deposition was re-
noticed for J une 25, 2013. The parties began Mr. Couchs deposition at 9:00 a.m. on J une 25
th

but were unable to conclude it within that time frame due to the complexity of the issues and the
number of entities involved. By agreement and in order to accommodate Mr. Camps child care
and commute issues, the deposition was postponed before Mr. Camp passed the witness and
before any other parties were able to ask questions. Because the deposition was suspended,
NYTEX did not have an opportunity to examine Mr. Couch.
8. Mr. Couchs deposition was re-noticed and cross noticed for resumption on August 21,
2013, but was then canceled again due to a death in the family of a close friend of Mr. Camp.
The parties subsequently exchanged dates in September for the resumption of Mr. Couchs
deposition but were unable to reschedule it due to Mr. Camps fathers passing. Following Mr.
N3001.011.04.68.3
Trigleths deposition, the parties then focused on scheduling and attending mediation, which was
conducted in December at Burdin Mediations. For the reasons set forth below, NYTEX attempts
to reschedule Mr. Couchs deposition following mediation have failed.
9. NYTEX must complete Mr. Couchs deposition as his testimony is necessary for
NYTEX to properly defend itself at trial. See Argument below. For the reasons set forth below,
Mr. Little will not present Mr. Couch for deposition absent an agreement that Mr. Trigleth will
not be present, and Mr. Trigleth wont agree to allow Mr. Couchs deposition to go forward in
his absence. As a result of this dispute between Trigleth and Couch, NYTEX has never been able
to resume and complete Mr. Couchs deposition (See Exhibit A).

TRIGLETHS CONDUCT DURING COUCH DEPOSITION
10. During Mr. Couchs J une 25, 2013deposition held in the office of Scheef & Stone LP in
Frisco, Geary Trigleth became agitated and verbally abusive. Among other personal attacks,
vehement statements and very foul language, Mr. Trigleth asserted numerous times, while
referring to Mr. Couch, that he was:
going to tie that thick necked mother fucker to a pole and fuck him up the ass until he
squeals like a pig.
11. Mr. Trigleth made these comments, and many like them, in a conference room facing a
line of paralegal and secretarial stations. Mr. Trigleths tirade was overheard by numerous
female employees in the Scheef & Stone office.

TRIGLETHS CONDUCT DURING HIS DEPOSITION
12. Counsel for Oil2 Holdings, Inc. began Mr. Trigleths deposition on August 28, 2013,
but Mr. Trigleth refused to answer a number of relevant questions concerning his status as an
accredited investor.
2
Q. Mr. Trigleth, what was thepurpose of the wire transfer that was paid?
Mr. Trigleth also refused to answer and became very agitated at a line of
questioning about a prior dispute with Texas Capital Bank where he was alleged to have
transferred money for the purpose of acquiring a mail order bride.
A. Are you gay?

2
As defined by Rule 501 of Regulation D of the Securities Act of 1933, 17 C.F.R. 230.501, and various
regulations promulgated by the Securities and Exchange Commission.
N3001.011.04.68.3
See Exhibit B, excerpts from the deposition of Geary Trigleth, August 28, 2013.
13. Mr. Trigleths conduct then quickly degraded until counsel for Oil 2 Holdings Inc.
suspended the deposition in order to seek Court intervention. After the deposition was
suspended, the dispute continued and resulted in an altercation where Mr. Trigleth lost his
temper and verbally threatened the attorney for Oil 2. Holdings, Inc. Mr. Trigleth was physically
aggressive, standing a mere inch or so from Mr. Little, and there was a real risk of a physical
confrontation between Mr. Trigleth and Mr. Little.
14. Immediately following this altercation Mr. Trigleth filed a Notice of Partial Nonsuit
Without Prejudice of Oil 2 Holdings, Alternatives Direct LLC, IGWT Holdings LLC and Robert
Couch. Mr. Trigleths conduct during the resumption of his videotaped deposition was more
subdued. He chose instead to wear a T-Shirt emblazoned with the phrase FUCK YOU YOU
FUCKING FUCK. (See Exhibit C).

RESUMPTION OF DEPOSITION OF ROBERT COUCH
15. At the December 2, 2013, hearing in this matter, the undersigned expressed a
willingness to extend the discovery cutoff at the Plaintiffs request. The Court then ordered the
parties to confer and present an agreed scheduling order. The parties developed a tentative
deposition schedule during J anuary of: Robert Couch on 1.6.13; William Brehmer on .15.13;
and Brad Marckx on 1.21.13.
16. Mr. Little, counsel for Oil 2 Holdings and Robert Couch, agreed to produce Mr. Couch
for deposition yesterday consistent with this schedule, conditioned only on securing an
agreement that Mr. Trigleth not attend. Mr. Camp would not agree to continue Mr. Couchs
deposition without Mr. Trigleth having the right to attend (See Exhibit B).

III.
ARGUMENT
17. The court may grant a continuance to obtain additional testimony when the motion for
continuance includes the following: (1) a description of the testimony needed, (2) the name and
residence of the person from whom the testimony is sought, (3) the materiality of the testimony,
(4) a description of the diligence used to secure the evidence, and (5) the cause, if known, of the
failure to secure the testimony earlier. Tex. R. Civ. P. 252; see State v. Wood Oil Distrib., Inc.,
N3001.011.04.68.3
751 S.W.2d 863, 865 (Tex. 1988); Gabaldon v. Gen. Motors Corp., 876 S.W.2d 367, 370 (Tex.
App.El Paso 1993, no writ); Verkin v. Sw. Ctr. One, Ltd., 784 S.W.2d 92, 94-95 (Tex. App.
Houston [1st Dist.] 1989, writ denied)
18. Mr. Couchs testimony is key to the issues in this case because he controls all the
entities which were related to Mr. Trigleths investment (Oil2 Holdings, Inc. Alternatives Direct
LLC and IGWT LLC). NYTEX needs time to secure testimony regarding Couchs meetings and
discussions with various parties and his operation of Oil 2 Holdings Inc. and the related
defendants; Mr. Trigleths meetings and discussions with various parties and his investment in
Oil 2 Holdings, Inc. As set forth above, NYTEX was not involved in the four reasons given by
Trigleths counsel for postponing or not completing Mr. Couchs deposition (once for a delay in
document production from Oil 2 Holdings, once due a death in the family of a close friend, once
because he was unable to conclude the deposition due to child care and commute issues, and
once due to his fathers passing). NYTEX was also merely a bystander to the dispute between
Trigleth and Couch that occurred during the above depositions.
19. The testimony of Mr. Couch is material to NYTEX defenses, and it will be prejudiced
if it is unable to obtain this testimony.

IV.
CONCLUSION
20. NYTEX respectfully requests that this court grant a continuance in this case due to the
practical inability of the parties to reschedule and complete the deposition of Mr. Couch, as well
as schedule and complete the other depositions, prior to the close of the discovery period. Mr.
Couchs deposition is necessary for NYTEX to adequately prepare for trial.
21. The continuance of this case will not unreasonably interfere with the other business of
the court. It is not sought for delay only, but so that justice may be done.
22. For these reasons, NYTEX respectfully request the court to continue this case, and enter
a new scheduling order with a corresponding extension of the discovery, mediation and other pre
trial deadlines.

N3001.011.04.68.3
Respectfully submitted,

Gene A. Hamm II
State Bar No. 00795405
J ohn P. Martin
State Bar No. 24074657

THE HAMM FIRM
1333 W. McDermott, Suite 200
Allen, Texas 75013
Main: (469) 656-1593
eFax: (469) 656-1594

ATTORNEY FOR DEFENDANT
NYTEX Petroleum, Inc.

CERTIFICATE OF SERVICE

I certify that a true and correct copy of this Motion for Continuance was served upon all
counsel of record by email and facsimile on J anuary 7, 2013 to:

Murray W. Camp
1604 8th Avenue
Fort Worth, Texas 76104
(817) 334-0059 (Telephone)
(817) 334-0425 (Facsimile

Gene A. Hamm II

N3001.011.04.68.3
CERTIFICATE OF CONFERENCE

I certify that I contacted counsel for Plaintiff to discuss this Motion. Counsel for Plaintiff
indicated that he is opposed. The motion is therefore being submitted to the Court for
determination.

Gene A. Hamm II
EXHIBIT A

1
ghamm@hammfirm.com
From: Mitch Little [Mitch.Little@solidcounsel.com]
Sent: Thursday, January 02, 2014 9:56 AM
To: ghamm@hammfirm.com
Cc: Murray Camp; ghamm@hammfirm.com
Subject: Re: Couch deposition
Good memory, Gene.

Sent from my iPhone

On Jan 2, 2014, at 9:46 AM, "ghamm@hammfirm.com" <ghamm@hammfirm.com> wrote:
Murray - Mitchs position that he produce Couch for deposition on Monday without Trigleth
attending is reasonable.

Everyone was present when Trigleth lost it with Mitch after his deposition was suspended he
was aggressive and abusive and there was a real risk of a physical confrontation. We are all
lucky that Mitch was as calm and as patient as he was.

There may be other reasons Mitch does not want Trigleth in his office as well. Perhaps Mitch
does not want to again subject his female paralegals to another of Trigleths tirades about how he
is going to tie that thick necked mother fucker to a pole and fuck him up the ass until he squeals
like a pig.

Did I get the quote correct?

Gene A. Hamm II
The Hamm Firm
Allen, Texas 75013
Main: 469.656.1593 x 501
eFax: 469.656.1594

www.hammfirm.com

This electronic transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. 2510 and 2521. It may contain
CONFIDENTIAL INFORMATION AND/OR LEGALLY PRIVILEGED MATERIAL that is intended only for the use of the individual to
whom it is addressed. If you are not the intended recipient, any unauthorized review, use, dissemination, distribution, downloading, or copying of
this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by reply email, delete
the communication and destroy all copies.

IRS Circular 230 Required Notice--Any U.S. federal tax advice contained in this communication (including any attachments) is not intended to
be used and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or
recommending to another party any transaction or tax-related matter[s].

From: Murray Camp [mailto:murraycamp2006@yahoo.com]
Sent: Thursday, J anuary 02, 2014 9:38 AM
Subject: Re: Couch deposition
2

My position is that: (1) my client has a right to be there, and (2) there were no
problems at Couch's initial deposition when Geary was there. Mitch doesn't have
to agree. Just subpoena him if you really need the discovery.

Regards,

Murray W. Camp

Anderson & Riddle, L.L.P.
3131 McKinney Ave., Suite 657
Dallas, TX 75204
(o) 817-334-0059
(f) 817-334-0425

This email message and any accompanying documents may contain confidential information that is
protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510 and 2521, and
may be legally privileged. This message and any associated files is intended only for the use of the
individual or entity to which it is addressed and may contain information that is confidential, subject
to copyright, or constitutes a trade secret. If you are not the intended recipient, you are hereby
notified that any dissemination, copying, or distribution of this message, or files associated with this
message, is strictly prohibited. If you have received this communication in error, please notify me
immediately by telephone at 214.684.0964 and destroy the original message.

From: "ghamm@hammfirm.com" <ghamm@hammfirm.com>
To: Murray Camp <murraycamp2006@yahoo.com>
Cc: "ghamm@hammfirm.com" <ghamm@hammfirm.com>
Subject: RE: Couch deposition

Mitch wont agree to present Couch if Trigleth is going to be present, and you wont
agree to ensure that we can go forward without Trigleth present. Given Trigleths
conduct toward Mitch in the first deposition I dont understand your position, but yes, I
will file a motion as soon as we can get it drafted.

Gene A. Hamm II
The Hamm Firm
Allen, Texas 75013
Main: 469.656.1593 x 501
eFax: 469.656.1594

www.hammfirm.com
3

This electronic transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. 2510 and 2521. It may
contain CONFIDENTIAL INFORMATION AND/OR LEGALLY PRIVILEGED MATERIAL that is intended only for the use of the
individual to whom it is addressed. If you are not the intended recipient, any unauthorized review, use, dissemination, distribution,
downloading, or copying of this communication is strictly prohibited. If you have received this communication in error, please
immediately notify us by reply email, delete the communication and destroy all copies.

IRS Circular 230 Required Notice--Any U.S. federal tax advice contained in this communication (including any attachments) is not
intended to be used and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting,
marketing or recommending to another party any transaction or tax-related matter[s].

From: Murray Camp [mailto:murraycamp2006@yahoo.com]
Subject: Couch deposition

Are we still on for the 6th, or are you filing a motion?

Regards,

Murray W. Camp

Anderson & Riddle, L.L.P.
3131 McKinney Ave., Suite 657
Dallas, TX 75204
(o) 817-334-0059
(f) 817-334-0425

This email message and any accompanying documents may contain confidential
information that is protected by the Electronic Communications Privacy Act, 18 U.S.C.
Sections 2510 and 2521, and may be legally privileged. This message and any
associated files is intended only for the use of the individual or entity to which it is
addressed and may contain information that is confidential, subject to copyright, or
constitutes a trade secret. If you are not the intended recipient, you are hereby notified
that any dissemination, copying, or distribution of this message, or files associated with
this message, is strictly prohibited. If you have received this communication in error,
please notify me immediately by telephone at 214.684.0964 and destroy the original
message.

EXHIBIT B

Geary Trigleth Trigleth vs. Oil2 Holding 8-28-2013
32
A. I don't know.About twenty grand. 1
Q. What were the facts of that case? 2
A. We won. 3
Q. What were the allegations that you made 4
against Tex- -- 5
A. We won. 6
Q. Mr. Trigleth, just -- 7
A. I don't remember.He's my attorney.If you 8
want to know the leg- -- legalities about it, ask him. 9
Q. Mr. Trigleth, just let me ask my question. 10
What were the allegations that you made against Texas 11
Capital Bank in that case? 12
A. I don't know the legal terms and all that. 13
There's my attorney; ask him.He'll explain it to you 14
by law. 15
Q. And, Mr. Trigleth, is it true that that 16
lawsuit was to recover a -- a wire transfer that was 17
made by Texas Capital Bank? 18
A. I believe so. 19
Q. Was the wire transfer originally intended to 20
pay for some sort of mail-order bride? 21
MR. CAMP:Objection, form. 22
THE WITNESS:No. 23
Q. (BY MR. LITTLE)What was it paid for, or -- 24
MR. CAMP:Objec- -- 25
STERLING REPORTING SERVICES, INC. (972) 987-6285
33
Q. (BY MR. LITTLE)-- what was it intended to 1
pay for? 2
MR. CAMP:Objection, form and -- 3
THE WITNESS:Mail-order -- 4
MR. CAMP:-- relevance. 5
THE WITNESS:-- bride? 6
MR. CAMP:Propounded merely for the 7
sake of harassment and annoyance. 8
THE WITNESS:Are you gay? 9
Q. (BY MR. LITTLE)Mr. Trigleth, what was the 10
purpose of the wire transfer that was paid? 11
A. Are you gay? 12
MR. CAMP:Objection, form, and 13
propounded merely for the sake of harassment and 14
annoyance. 15
THE WITNESS:Are you gay? 16
Q. (BY MR. LITTLE)Are you going to answer my 17
question? 18
A. Are you going to answer my question? 19
Q. I am here to ask you questions. 20
A. I am here to ask you a question.Are you 21
gay? 22
MR. LITTLE:Murray, do we need to 23
keep going?Do we need to -- 24
THE WITNESS:I don't know. 25
34
MR. LITTLE:Do we need to -- do we 1
need to -- 2
THE WITNESS:I don't know. 3
MR. LITTLE:-- continue the 4
deposition at another time after we've -- 5
THE WITNESS:But let me explain 6
something to you. 7
THE COURT REPORTER:I'm sorry.One 8
at a time, please. 9
THE WITNESS:Let me explain something 10
here to you, Buckwheat.All right?You don't talk to 11
me like that.You don't make those accusations. 12
Q. (BY MR. LITTLE)I didn't make an 13
accusation, -- 14
A. You know what? 15
Q. -- Mr. Trigleth. 16
A. You're going to get this right or you're 17
going to get it right.Do you understand me? 18
Q. I don't understand you. 19
A. Okay. 20
Q. Explain what you mean. 21
A. Well, don't sit here and make acquisitions 22
like brides from -- I don't know where you get this 23
nonsense, but you talk to me like that and this -- this 24
meeting is going to be over, because you're going 25
35
overbounds, mister.You're getting out of your bounds 1
here, and I'm getting ready to put you in your bounds. 2
You understand what I'm talking about? 3
Q. No, I do not.Explain -- 4
A. Man to man. 5
Q. -- what you mean. 6
A. Don't make accusations like that and don't 7
get smart-ass with me. 8
Q. Mr. Trigleth, I am just asking you -- 9
A. No, you're -- 10
Q. -- questions. 11
A. -- not.You're asking ridiculous questions. 12
You're asking questions out of bounds and you're making 13
statements that are just unreasonable.And I'm not 14
going to put up with it, Buckwheat.You understand me? 15
Q. Mr. Trigleth, help me understand what the 16
purpose of the wire transfer was originally. 17
A. None of -- 18
MR. CAMP:Objection, -- 19
THE WITNESS:-- your business -- 20
MR. CAMP:-- form. 21
MR. LITTLE:Let's take a break. 22
THE WITNESS:-- what I do for a wire 23
transfer, Buckwheat. 24
MR. LITTLE:Let's take a break.I 25
36
think we need to talk to Judge Moye about 1
Mr. Trigleth's compliance -- 2
THE WITNESS:You know what? 3
MR. LITTLE:-- with this deposition. 4
THE WITNESS:I think we do need to 5
talk to somebody. 6
THE COURT REPORTER:Are we off the 7
record? 8
MR. LITTLE:We are off the record. 9
THE VIDEOGRAPHER:Off the record, 10
9:53 a.m. 11
(Recess taken.) 12
THE VIDEOGRAPHER:Back on the record, 13
9:57 a.m. 14
MR. LITTLE:Murray, at this time, 15
based upon Mr. Trigleth's answers and nonresponses to 16
certain questions that I've asked and based upon his 17
behavior here at the deposition, I'm going to suspend 18
it.I am going to request Judge Moye's intervention in 19
this case to compel Mr. Trigleth to comply with my 20
questions and answer my questions.And we will 21
probably seek sanctions for the behavior that occurred 22
this morning. 23
Mr. Hamm was a witness to it, you were 24
a witness to it, Mr. Trigleth was a witness to it, the 25
37
court reporter and Billy were a witness to it.And I 1
think it would probably be more productive for us to 2
move forward at a later date, after Judge Moye has had 3
an opportunity to speak about what happened here today. 4
So at this time witness -- 5
THE WITNESS:That's good with me, 6
dude. 7
MR. LITTLE:Okay. 8
THE WITNESS:You think you can come 9
here and harass me?I came here for a deposition, to 10
answer legitimate questions related to this case and 11
not be harassed or insulted by you.You insulted me. 12
You offended me.And you're pushing the limits with 13
me.And I, as a human being and as a man and as an 14
in- -- as a human being in -- in -- in this country, 15
with my rights, are not going to allow you to bully me 16
or badger me or sit here and insult me in -- in this 17
room at all ever, never, Buckwheat.End of story. 18
Q. (BY MR. LITTLE)Do you have anything else 19
you'd like to say? 20
A. I think I just spoke what I had to say. 21
Q. Okay.Thank you. 22
A. Are you fine with that? 23
Q. I -- I'm not fine with it.We're going to 24
have -- 25
38
A. You're not?Obviously you're not fine with 1
not harassing me or insulting me.That's the -- that's 2
the point. 3
Q. Thank you. 4
A. And play this for the judge:This man was 5
insulting me, harassing me, going beyond his boundaries 6
of asking me legitimate business questions related to 7
this case; and I am personally offended and insulted. 8
Q. I understand.It was not my intention to 9
insult you, Mr. -- 10
A. Well, -- 11
Q. -- Trigleth. 12
A. -- you did. 13
Q. Okay. 14
A. Your intention or not. 15
MR. LITTLE:Okay.Murray -- 16
THE WITNESS:And that was my 17
reaction. 18
MR. LITTLE:Murray, I think -- 19
THE WITNESS:And that will be my 20
reaction every time. 21
MR. LITTLE:I think we're done here. 22
THE WITNESS:I think we are done 23
here. 24
MR. LITTLE:Okay. 25
39
THE WITNESS:I couldn't have said it 1
better myself. 2
THE VIDEOGRAPHER:Off the record? 3
MR. LITTLE:Yes, off the record. 4
THE VIDEOGRAPHER:Off the record, 5
10:00 a.m. 6
(Deposition recessed at 10:00 a.m.) 7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
40
CORRECTIONS AND SIGNATURE 1

PAGE LINE CHANGE REASON 2

_______________________________________________________ 3

_______________________________________________________ 4

_______________________________________________________ 5

_______________________________________________________ 6

_______________________________________________________ 7

_______________________________________________________ 8

_______________________________________________________ 9

_______________________________________________________ 10

11
I, GEARY TRIGLETH, have read the foregoing deposition
and hereby affix my signature that same is true and 12
correct except as noted herein.
13

____________________________ 14
SIGNATURE OF WITNESS
15
STATE OF TEXAS)
16
COUNTY OF )
17
Before me, ____________________, on this day personally
appeared GEARY TRIGLETH, known to me (or proved to me 18
under oath or through ___________________)(description
of identity card or other document) to be the person 19
whose name is subscribed to the foregoing instrument
and acknowledged to me that they executed the same for 20
the purposes and consideration therein expressed.
21
Given under my hand and seal of office this ______ day
of _______________, 2013. 22

23
_______________________________
Notary Public in and for 24
the State of __________________
25
My Commission Expires: ________
41
NO. DC12-13860 1

2

GEARY TRIGLETH, *IN THE DISTRICT COURT 3
*
Plaintiff, * 4
*
VS. * 5
*DALLAS COUNTY, TEXAS
OIL2 HOLDING, INC., * 6
ALTERNATIVES DIRECT, LLC,*
IGWT HOLDINGS, LLC, ROBERT * 7
COUCH, AND NYTEX *
PETROLEUM, INC., * 8
*
Defendants. *14TH JUDICIAL DISTRICT 9

10

11

12

REPORTER'S CERTIFICATION 13

DEPOSITION OF GEARY TRIGLETH 14

AUGUST 28, 2013 15

16

17

I, SHARON L. STEPHENS, Certified Shorthand 18

Reporter in and for the State of Texas, hereby certify 19

to the following: 20

21

That the witness, GEARY TRIGLETH, was duly sworn 22

by the officer and that the transcript of the oral 23

deposition is a true record of the testimony given by 24

the witness; 25
42
That the deposition transcript was submitted on 1

September 4, 2013 to the witness or to the attorney for 2

the witness for examination, signature, and return to 3

me by September 24, 2013; 4

5

That the amount of time used by each party at the 6

deposition is as follows: 7

8

J. Mitchell Little - 49 minutes 9

10

That pursuant to information given to the 11

deposition officer at the time said testimony was 12

taken, the following includes counsel for all parties 13

of record: 14

15

FOR THE PLAINTIFF: 16

MURRAY W. CAMP, ESQ. 17
ANDERSON, RIDDLE & KUEHLER, L.L.P.
1604 8TH AVENUE 18
FORT WORTH, TEXAS76104
(817) 334-0059 19

20

FOR THE DEFENDANT ALTERNATIVES DIRECT, LLC: 21

J. MITCHELL LITTLE, ESQ. 22
SCHEEF & STONE, L.L.P.
2601 NETWORK BOULEVARD, SUITE 102 23
FRISCO, TEXAS75034
(214) 472-2100 24

25
43
FOR THE DEFENDANT OIL2 HOLDING, INC.: 1

GENE A. HAMM II, ESQ. 2
THE HAMM FIRM
1333 W. MCDERMOTT, SUITE 200 3
ALLEN, TEXAS75013
(469) 656-1593 4

5

I further certify that I am neither counsel for, 6

related to, nor employed by any of the parties or 7

attorneys in the action in which this proceeding was 8

taken, and further that I am not financially or 9

otherwise interested in the outcome of this action. 10

11

Further certification requirements pursuant to 12

Rule 203 of TRCP will be certified to after they have 13

occurred. 14

15

Certified to by me this 4th day of September, 16

2013. 17

18

__________________________________ 19
SHARON L. STEPHENS, TEXAS CSR 2991
Expiration Date:12-31-2014 20
Firm Registration Number:251
Sterling Reporting Services, Inc. 21
5294 Park Ridge Drive
Frisco, Texas75034 22
Phone:(972) 987-6285
Fax: (972) 987-6286 23

24

25
44
FURTHER CERTIFICATION UNDER RULE 203 TRCP 1

2

The original deposition was/was not returned to 3

the deposition officer; 4

If returned, the attached Corrections and 5

Signature page contains any changes and the reasons 6

therefor; 7

If returned, the original deposition was delivered 8

to J. MITCHELL LITTLE, Custodial Attorney; 9

That $_______________ is the deposition officer's 10

charges to the Defendant Alternatives Direct, LLC for 11

preparing the original deposition transcript and any 12

copies of exhibits; 13

That the deposition was delivered in accordance 14

with Rule 203.3, and that a copy of this certificate 15

was served on all parties shown herein and filed with 16

the Clerk. 17

Certified to by me this _____ day of ____________, 18

2013. 19

20

__________________________________ 21
SHARON L. STEPHENS, TEXAS CSR 2991
Expiration Date:12-31-2014 22
Firm Registration Number:251
Sterling Reporting Services, Inc. 23
5294 Park Ridge Drive
Frisco, Texas75034 24

25
EXHIBIT C

Trigleth v. Nytex: Motion For Continuance

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MOTION FOR CONTINUANCE AND MOTION FOR SCHEDULING ORDER - Page 1

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