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STATE OF TEXAS

OFFICE OF THE ATTORNEY GENERAL


CONSUM ER PROTECTION & PUBLIC HEALTH DIVISION

SUPPLEMENTAL CIVIL INVESTIGATIVE DEMAND


September 1, 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 8, 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 September 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. Please produce any and all documents reflecting, showing, evidencing, or relating to any
communication (whether written, oral, electronic, telephonic, or otherwise) between you and the
office of Precinct 1 Constable Derick Evans.

2. Please produce any and all documents reflecting, showing, evidencing, or relating to any
communication (whether written, oral, electronic, telephonic, or otherwise) between you and
Derick Evans, whether individually or in his official capacity as Precinct 1 Constable.

3. Please produce any and all documents reflecting, showing, evidencing, or relating to any
communication (whether written, oral, electronic, telephonic, or otherwise) between you and the
office of Precinct 5 Constable Jaime Cortes.

4. Please produce any and all documents reflecting, showing, evidencing, or relating to any
communication (whether written, oral, electronic, telephonic, or otherwise) between you and Jaime
Cortes, whether individually or in his official capacity as Precinct 5 Constable.

5. Please produce any and all documents reflecting, showing, evidencing, or relating to any
communication (whether written, oral, electronic, telephonic, or otherwise) between you and the
office of Dallas District Attorney Craig Watkins.

6. Please produce any and all documents reflecting, showing, evidencing, or relating to any
communication (whether written, oral, electronic, telephonic, or otherwise) between you and Craig
Watkins, whether individually or in his official capacity as Dallas District Attorney.