CID_102009

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STATE OF TEXAS

OFFICE OF THE ATTORNEY GENERALCONSUMER PROTECTION & PUBLIC HEALTH DIVISION

SUPPLEMENTAL CIVIL INVESTIGATIVE DEMAND

October 20, 2009

Dowdy Ferry Auto Service Inc. & Dowdy Ferry Auto Pound, Inc.

c/o Charles McGarry

701 Commerce St., Suite 400

Dallas, Texas 75202 VIA FAX: 214-748-9449 & U.S. Mail

Pursuant to the authority granted to the Office of the Attorney General under the provisionsof §17.61 of the TEXAS DECEPTIVE TRADE PRACTICES--CONSUMER PROTECTION ACT (DTPA),

§ 17.41, et seq., TEX . BUS . & COM . COD E, 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 October 30, 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. COD E ANN .

§§ 17.62(a), 17.61.

ISSUED THIS ______day of October, 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

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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 includesits 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 acquiescenceof 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.

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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 . COD E § 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 bythem.

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 oneor 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.

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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 descriptionappears, 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

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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 DOCUMENTSTHAT 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.

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EXHIBIT C

REQUESTS

1. Please produce any and all logs or other documents that list and identify the VIN number, year, make,

model, and license plate number of the 128 vehicles that were reported abandoned to the County of Dallas

Precinct 1, pursuant to the Texas Transportation Code section 683.031 on July 24, 2009.

2. Please produce any and all documents reflecting, showing, evidencing, or relating to any disposition

action(s) that occurred regarding the 128 abandoned vehicles identified above.

3. Please produce any and all documents that identify, reflect, show, evidence, or relate to the purpose of

check #1063 from the Citizens National Bank of Texas that was paid to Dallas County in the amount of

$270.00 on August 24, 2009, including but not limited to the purpose of payment of fees for abandoned

vehicles pursuant to Texas Transportation Code section 683.031.

4. Please produce any and all documents identifying, reflecting, showing, evidencing, or relating to the purpose of check #2114 from the Grand Bank that was paid to Precinct 5 in the amount of $90.00 on

August 6, 2009, including but not limited to the purpose of payment of fees for abandoned vehicles

pursuant to Texas Transportation Code section 683.031.

5. Please produce any and all logs or other documents that list and identify the VIN number, year, make,

model, and license plate number of the 6 vehicles that were reported abandoned to the County of Dallas

Precinct 1 and pursuant to the Texas Transportation Code section 683.031 on August 20, 2009.

6. Please produce a list of all individuals employed by you from the time period of January 1, 2005 to the

present.

7. Please produce your personnel file with all contents of your employee or former employee Margarita

Trevino.

CID_102009

Documents

Transcript of CID_102009