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STATE OF TEXAS

OFFICE OF THE ATTORNEY GENERAL


CONSUM ER PROTECTION & PUBLIC HEALTH DIVISION

CIVIL INVESTIGATIVE DEMAND


August 25, 2009

Dowdy Ferry Auto Service Inc. & Dowdy Ferry Auto Pound, Inc.
Attn: Milad Nasrallah a/k/a Chris Nasralla
d/b/a Dowdy Ferry Auto Pound
2696 Dowdy Ferry Rd.
Dallas, Texas 75217

Pursuant to the authority granted to the Office of the Attorney General under the provisions
of §17.61 of the TEXAS DECEPTIVE TRADE PRACTICES --CONSUMER PROTECTION ACT (DTPA),
§ 17.41, et seq., TEX . BUS . & COM . CODE , you are hereby directed to produce the documentary
material listed in Exhibit C. Please review “Definitions” and “Instructions” applicable to the Civil
Investigative Demand. They are labeled as Exhibits A and B, respectively.

You are to make available the documentary material described in Exhibit C to the person designated
below as Authorized Agent no later than September 1, 2009. You may forward the responsive material
via certified or courier mail to the Office of Attorney General, 1412 Main Street, Suite 810, Dallas, Texas
75202 or by fax to (214) 969-7615. Please contact the authorized agent named below with any questions
regarding production of the documents.

This Civil Investigative Demand is relevant to the subject matter of a confidential investigation of
possible violations of §§ 17.46(a) and (b) of the DTPA. and §§ 392.301-.304 of the TEXAS DEBT
COLLECTION ACT, § 392.301, et seq., TEX. FIN. CODE. Therefore, it is imperative that you not
disclose to any of the parties identified in the CID, or any other third party, that we are requesting this
information.

Any person who, with the intent to avoid, evade, or prevent compliance, in whole or in part, with
this directive, removes from any place, conceals, withholds, or destroys, mutilates, alters, or by any
other means falsifies any documentary material or merchandise or sample of merchandise is guilty
of a misdemeanor and on conviction is punishable by a fine of not more than $5,000 or by
confinement in the county jail for not more than one year, or both. TEX . BUS . & COM . CODE ANN .
§§ 17.62(a), 17.61.

ISSUED THIS ______day of August 2009 AUTHORIZED AGENT:


KELLE SLAUGHTER
(214) 969-7639 Ext 8817
_______________________________________________ (214) 969-7615 (Fax)
ANDREW D. LEONIE, SBN: 12216500
Assistant Attorney General
Consumer Protection & Public Health Division
EXHIBIT A

DEFINITIONS

1. “You” and “your” mean the entity or establishment named on page one of this Civil Investigative
Demand; Dowdy Ferry Auto Service Inc., Dowdy Ferry Auto Pound, Inc., Milad Nasrallah , individually
a/k/a Chris Nasralla d/b/a Dowdy Ferry Auto Pound (referred to herein as Dowdy Ferry Auto) and includes
its owners, officers, representatives, employees, agents, attorney’s, successors, and assigns. The terms also
include all natural persons and entities acting or purporting to act on behalf of any of the above, as well
as any predecessor, successor, affiliate, subsidiary, or wholly-owned or wholly-controlled entity.

2. “Document” means and includes all written, printed, recorded, and graphic matter, regardless of
authorship, both originals and non-identical copies, in your possession, custody, or control, or known by
you to exist, irrespective of whether the writing was intended for or transmitted internally by you, or
intended for or transmitted to any other person or entity. It includes letters, letters of agreement,
memoranda of understanding, agreements, contracts, bills, invoices, notices, notes, memos, tickets, logs,
log books, stickers, certificates and other writings without limitation. It includes communications in words,
symbols, pictures, photographs, sounds, films, and tapes, as well as information stored in or accessible
through computer or other information storage and retrieval systems, together with all codes and/or
programming instructions and other materials necessary to understand and use such systems. A document
is deemed to be within your control, possession or maintained by you if you have ownership, possession,
or custody of the document, or the right to secure the document or copy thereof from any person or public
or private entity having physical possession thereof.

3. “Tow” and “Towing” mean the transporting activity of drawing, hauling or pulling behind, a tow
truck intended, designed or modified for that purpose, by chain, cable or line or by elevation in whole or
part upon a ramp, bed or rails, of another vehicle not itself being operated, upon a highway or roadway for
compensation or with the expectation of compensation for the towing or storage of the vehicle.

4. “Non-consent towing” means towing occurring without the request, permission or acquiescence
of the operator or owner of the vehicle towed (whether directed by a private third party or official or not).

5. “Vehicle storage facility” means an individual, corporation, partnership, or other association


engaged in the business of storing, salvage or repairing vehicles for compensation or with the expectation
of compensation for the storage, salvage, or repair of vehicles and includes the owner, operator, employee,
or agent of a vehicle storage facility

6. “Relate”, “related”, and “relating” mean and include all information that in any manner or form
is relevant in any way to the subject matter in question, including, without limitation all information that,
directly or indirectly, contains, records, reflects, summarizes, evaluates, refers to, indicates, comments
upon, or discusses the subject matter or in any manner states the background of, or was/were the basis or
bases for, or that record, evaluate, comment upon, relate to, or were referred to, relied upon, utilized,
generated, transmitted, or received in either arriving at your conclusion(s), opinion(s), estimates(s),
position(s), decision(s), belief(s), or determination(s) and/ or taking, doing or performing or refraining
from taking, doing or performing any action.

7. “And” and “or” shall be construed either conjunctively or disjunctively as required by the context
to bring within the scope of this request the answer, response or document that might be deemed outside
its scope by another construction.
8. “Any” means any and all.

6. “Evidencing” means having any tendency to make the existence of any fact of consequence to this
investigation more probable or less probable than it would be without the evidence.

7. “Showing” and “reflecting” a given subject shall mean any document or communication that
constitutes, contains, embodies, comprises, respects, relates to concerns, touches upon, incident to,
identifies, states, refers to, deals with, comments on, responds to, describes, involves or is in any way
pertinent to that subject including but not limited to documents concerning the preservation of other
documents.

9. “Consumer” has the meaning set forth in TEX . BUS . & COM . CODE § 17.45(4) and means any
person or entity with whom Dowdy Ferry Auto is transacting or has transacted any business regarding the
sales of any goods or services.

10. “Complaint” is to be broadly construed. It includes any documentation commemorating


expressions of dissatisfaction with the business, or request for assistance with or request for honor or
compliance with representations allegedly made by Dowdy Ferry Auto in connection with the sale of goods
or services provided by the business, its employees or agents, or the procedures or services utilized by
them.

11. “Refund” or “refunds” shall mean to give back or restore or repay the consumer.

12. “Billing” or “bill” shall mean the statement of charges, fees or costs including credit extended
to a consumer in connection with the sale of goods or services.

13. “Subject matter” shall mean the primary topic, theme, or basis of this inquiry being the issue of
appropriate towing and resolution by Dowdy Ferry Auto of consumer complaints, refunds, restitution and
disposition of towed and stored vehicles.

14. “Form” means any document with a set text that is or has been provided without change to one
or more consumer, or is particularized by inserting information relating to consumers who use or receive
the form. If the form is of the type to which particularized information is added when it is used, only an
exemplar of the form, before the insertion of such particularized information, is demanded. If the form
has changed over time, each version of the form must be produced.
EXHIBIT B

INSTRUCTIONS

A. Unless otherwise stated, the scope of this Civil Investigative Demand (CID) relates to all actions
or omissions of action since January 1, 2009.

B. It is not sufficient to fail to provide documents if you can obtain them from persons reasonably
available to you or under your control.

C. If any document requested is no longer in existence, state whether it is missing, has been
destroyed, or has otherwise been disposed of; and, in that instance, explain the circumstances
surrounding the reason for and manner of such disposition, and state the date or approximate date
thereof.

D. In the event that you seek to withhold any document on the basis that it is properly entitled to
some privilege or limitation, please provide the following information:

(1) A list identifying each document for which you believe a limitation exists;
(2) The name of each author, writer, sender or initiator of such document or thing, if any;
(3) The name of each recipient, addressee or party for whom such document or thing was
intended, if any;
(4) The date of such document, if any, or an estimate thereof so indicated if no date appears on
the document;
(5) The general subject matter as described in such document, or, if no such description
appears, then such other description sufficient to identify said document; and
(6) The claimed grounds for withholding the document, including, but not limited to, the
nature of any claimed privilege and grounds in support thereof.

E. If the requested information is stored only on software or otherwise is “computer-based


information,” you are directed either to produce the raw data along with codes and programs
necessary for translating it into usable form by The Office of Attorney General of Texas, or to
produce the information in a finished usable form. In either case, you must include all necessary
glossaries, keys, indices, and software necessary for interpretation for the material.

F. Your responses must be sequentially numbered and organized as responsive to each Request and
each document and other tangible thing produced shall be clearly identified and designated as to
which Request and each sub-part of a Request set out in Exhibit C, that you intend it as a response
to satisfy.

G. In any situation in which it is not clear in which capacity you are responding, you are to designate
all relevant capacities.

H. All documentary materials used in the preparation of responses to the specifications of this CID
shall be retained by the CID recipient. The Office of the Attorney General may require the
submission of additional documents at a later time. ACCORDINGLY, YOU SHOULD
SUSPEND ANY ROUTINE PROCEDURES FOR DOCUMENT DESTRUCTION AND
TAKE OTHER MEASURES TO PREVENT THE DESTRUCTION OF DOCUMENTS
THAT ARE IN ANY WAY RELEVANT TO THIS INVESTIGATION DURING ITS
PENDENCY, IRRESPECTIVE OF WHETHER YOU BELIEVE SUCH DOCUMENTS
ARE PROTECTED FROM DISCOVERY BY PRIVILEGE OR OTHERWISE.
EXHIBIT C
REQUESTS

1. Produce corporate documents that list the business addresses of all offices, including branch or
subsidiary offices from which you and any and all subsidiaries conduct its business activities.

2. Produce copies of any documents indicating whether you have done business under any other
name in Texas.

3. Produce any documents indicating:

A. Current business organization chart, articles of incorporation and any


amendments thereto.
B. The name and addresses of all officers, directors, partners, or agents;
C. The name and address of any holding company or other entity which owns any
part of Dowdy Ferry Auto; and
D. The name and address and percentage of ownership for each person or entity
owning 5% or more in Dowdy Ferry Auto.

4. Produce copies of any licenses, surety bonds, registrations, or other authorization that you have
obtained, authorizing you to conduct business in the State of Texas, including, but not limited
to, assumed name certificates, articles of incorporation, filings of name changes, partnership
agreements, and all other documents submitted to any governmental entity or bank as a
predicate for engaging in business in Texas and in the City of Dallas, Texas.

5. Please produce documents which you maintain in the regular course of business which reflect
your authority, agreement or obligation to engage in towing, including non-consent towing, of
vehicles from locations within the City of Dallas, Texas.

6. Please produce documents which you maintain in the regular course of business which reflect
your right, authority, agreement or obligation to engage in the operation of a vehicle storage
facility, located within the State of Texas.

7. Please produce documents which you maintain in the regular course of business which reflect
all your towing of vehicles from locations within the City of Dallas, Texas.

8. Please produce documents which you maintain in the regular course of business which reflect
each and every instance of your storage of vehicles within the State of Texas.

9. Please produce documents which you maintain in the regular course of business which reflect
the make, model, license plate number, and or vehicle identification numbers of all vehicles
you towed from locations within the City of Dallas, Texas.

10. Please produce documents which you maintain in the regular course of business which reflect
the make, model, license plate number, and/ or vehicle identification numbers of all vehicles
you stored in all locations within the State of Texas.

11. Please produce documents which you maintain in the regular course of business which reflect
the names, addresses and contact information of the owners and or operators of all vehicles
you towed from locations within the City of Dallas.

12. Please produce documents which you maintain in the regular course of business which reflect
the names, addresses and contact information of the owners and or operators of all vehicles
you stored in all locations within the State of Texas.

13. Please produce documents which you maintain in the regular course of business which reflect
your authority, agreement or obligation to tow vehicles to each and every vehicle storage
location, facility or entity to which you towed vehicles from locations within the City of
Dallas, Texas.

14. Please produce documents which you maintain in the regular course of business which reflect
your compliance with any obligation to provide notice to the City of Dallas, Texas regarding
each and every instance of your towing of vehicles from locations within the City of Dallas,
Texas.

15. Please produce documents which you maintain in the regular course of business which reflect
your compliance with any obligation to provide notice to the City of Dallas, Texas regarding
each and every instance of your storage of vehicles at locations within the State of Texas.

16. Please produce documents which you maintain in the regular course of business which identify
the amount of your compensation, if any, and identify the source of such compensation for
each and every instance of your towing of vehicles from locations within the City of Dallas,
Texas.

17. Please produce documents which you maintain in the regular course of business which identify
the amount of your compensation, if any, and identify the source of such compensation for
each and every instance of your storage of vehicles at locations within the State of Texas.

18. Please produce documents which you maintain in the regular course of business which identify
the amount of your compensation, if any, received from each and every vehicle storage facility
or entity to which you towed vehicles and identify the source of such compensation for each
and every instance of your towing of vehicles from locations within the City of Dallas, Texas.

19. Please produce documents which you maintain in the regular course of business which identify
the amount of your compensation, if any, received from each and every other towing service or
entity from which you received towed vehicles and identify the source of such compensation
for each and every instance of your storage of vehicles at locations within the State of Texas.

20. Please produce documents which you maintain in the regular course of business which identify
the amount of your compensation, if any, received from the owner or operator of each and
every parking location, facility or entity from which you towed vehicles and identify the source
of such compensation for each and every instance of your towing of vehicles from locations
within the City of Dallas, Texas.

21. Please produce documents which you maintain in the regular course of business which identify
the amount of your compensation, if any, received from the owner or operator of each and
every parking location, facility or entity from which you received towed vehicles and identify
the source of such compensation for each and every instance of your storage of vehicles at
locations within the State of Texas .

22. Please produce documents which you maintain in the regular course of business which identify
the amount of your compensation, if any, received from the owners or operators of vehicles
parked in each and every parking location, facility or entity from which you towed vehicles
from locations within the City of Dallas, Texas.

23. Please produce documents which you maintain in the regular course of business which identify
the amount of your compensation, if any, received from the owners or operators of vehicles
parked in any parking lot, location, facility or entity from which you received and stored towed
vehicles from locations within the City of Dallas, Texas.

24. Please produce documents which you maintain in the regular course of business which reflect
the compensation you paid, if any, to any third party or other person or entity for which you
towed or stored vehicles from locations within the City of Dallas, Texas, and which may
identify the persons you paid and which may identify the services you received for such
compensation.

25. Please produce documents which you maintain in the regular course of business which reflect
any agreements, contracts, or understandings you have with any third party or other person or
entity for which you towed or stored vehicles from locations within the City of Dallas, Texas,
and which may identify the persons in agreement with you and which may identify the services
you are to receive for such compensation.

26. Please produce documents which you maintain in the regular course of business which reflect
the compensation you paid, if any, to any third party or other person or entity for which you
received towed vehicles from locations within the City of Dallas, Texas, and which may
identify the persons you paid and which may identify the services you received for such
compensation.
27. Please produce documents which you maintain in the regular course of business which record
the disposition of all vehicles towed from each and every parking location, facility or entity
from which you towed vehicles within the City of Dallas, Texas, stored and which was
unclaimed, including any storage lien documents, notices and title applications made, and titles
issued.

28. Please produce documents which you maintain in the regular course of business which record
the disposition of all vehicles towed from each and every parking location, facility or entity
from which you towed vehicles within the City of Dallas, Texas, stored, was unclaimed and
which you sold privately, auctioned, gifted, leased or loaned to any other parties, or otherwise
released from your possession.

29. Please produce documents which you maintain in the regular course of business which record
the disposition of all vehicles towed from each and every parking location, facility or entity
from which you towed vehicles within the City of Dallas, Texas, stored and which are
unclaimed, and which you are currently in possession.

30. Please produce documents which you maintain in the regular course of business which reflect
the names and addresses and state and/ or local license numbers of each of your tow truck
drivers or operators working for you and who towed vehicles from locations within the City of
Dallas, Texas.

31. Please produce documents which you maintain in the regular course of business which reflect
the names and addresses of each of your vehicle storage facility workers or operators working
for you at all locations within the State of Texas.

32. Please produce documents which you maintain in the regular course of business by which each
of your tow truck drivers or operators made or kept a record of the make, model, license plate
number, and or vehicle identification numbers of all vehicles you towed from locations within
the City of Dallas, Texas, including, if any, the time dispatched, time towing began and time
towing ended.

33. Please produce documents which you maintain in the regular course of business which reflect
any damage caused to any vehicles you towed from locations within the City of Dallas, Texas,
including, if any, the compensation paid to the operator or owner or their agents for such
damage.

34. Please produce documents which you maintain in the regular course of business which reflect
any damage caused to any vehicles you stored at every locations within the City of Dallas,
Texas, including, if any, the compensation paid to the operator or owner or their agents for
such damage.

35. Please produce documents which you maintain in the regular course of business which reflect
any compensation, refund or reimbursement you paid to any operator or owner of any vehicles
you towed from locations within the City of Dallas, Texas.

36. Please produce documents which you maintain in the regular course of business which reflect
any compensation, refund or reimbursement you paid to any operator or owner of any vehicles
you stored at any and all locations within the State of Texas.

37. Please produce documents which you maintain in the regular course of business which are and
or reflect complaints which you have received from any and all sources regarding any vehicles
you towed from locations within the City of Dallas, Texas, including the identification of the
source of each and every such complaint and your response, if any.

38. Please produce documents which you maintain in the regular course of business which are and
or reflect complaints which you have received from any and all sources regarding any vehicles
you stored at each and every location within the State of Texas, including the identification of
the source of each and every such complaint and your response, if any.

39. Produce any policies and procedures, instructions, memorandums, and/or other documents used
by your employees, agents, affiliates, or others acting on behalf of you or Dowdy Ferry Auto
Service regarding impounding vehicles.

40. Please produce documents which you which are and or reflect any investigation of complaints
regarding your business operations by any and all other government entities or agencies regarding
any vehicles within the State of Texas you towed, stored, impounded, seized, returned, sold,
auctioned, gifted, or loaned, and the results if any of such an investigation.