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IN THE UNITED STATES DISTRICT 

COURT FOR THE NORTHERN DISTRICT

OF TEXAS FORT WORTH DIVISION

EUGENIO VARGAS, 

Plaintiff/Counterclaim

Defendant,

v.

ASSOCIATION OF PROFESSIONAL 

FLIGHT ATTENDANTS, et al., 

Defendants/Counterclaim

Plaintiff.

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Civil Action No. 4:22-cv-403-Y 

Judge Terry R. Means

PLAINTIFF’S SECOND MOTION TO COMPEL DEFENDANTS’ 

PRODUCTION OF DOCUMENTS 

Now comes the Plaintiff, EUGENIO VARGAS (hereinafter “Plaintiff” or “Vargas”), by 

and through undersigned counsel, pursuant to Federal Rules of Civil Procedure 34, 37, and Local 

Rules 5.2 and 7.1 and files his Second Motion to Compel Defendants ASSOCIATION OF 

PROFESSIONAL FLIGHT ATTENDANTS (hereinafter “APFA”), Julie Hedrick and Erik Harris 

(collectively referred to as “Defendants”) Production of Documents and withdraw objections to 

Plaintiff’s requests for production and produce whatever documents may be in Defendants’

possession or subject to its control that are responsive to Plaintiff’s Second Request for Production 

served upon Defendant in this cause and in support thereof would respectfully show as follows: 

 

II. FACTS 

Now comes the Plaintiff, Eugenio Vargas (hereinafter “Plaintiff” or “Vargas”), by and 

through undersigned counsel, pursuant to Federal Rules of Civil Procedure 34, 37, and Local Rules 

5.2 and 7.1 and moves the Court to Compel Defendants ASSOCIATION OF PROFESSIONAL 

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FLIGHT ATTENDANTS (hereinafter “APFA”), Julie Hedrick and Erik Harris (collectively 

referred to as “Defendants”) to withdraw their objections to Plaintiff’s discovery and respond and 

produce whatever documents may be in Defendants' possession or subject to Defendants’ control 

that are responsive to Plaintiff’s Request for Admissions, Plaintiff’s Interrogatories and Plaintiff’s 

First Request for Production served upon Defendant in this cause and in support thereof would 

respectfully show as follows: 

II. FACTS 

Plaintiff served Defendants with PLAINTIFF’S REQUEST FOR 

PRODUCTION, APFA on August 14, 2023. Defendants responded to PLAINTIFF’S 

REQUEST FOR PRODUCTION, FIRST SET OF INTERROGATORIES TO 

DEFENDANT, APFA AND PLAINTIFF’S REQUEST FOR ADMISSIONS TO 

DEFENDANT, APFA via email on September 13, 2023. 

Defendants’ Responses to Plaintiff’s Second Requests for Production are 

attached hereto in Plaintiff’s Appendix to Motion to Compel and are incorporated 

herein by this reference for all purposes. (See Appendix Pgs. 54-59). Defendants objected 

to Plaintiff’s Requests for Production No.’s 3, 4, 5, 6, 7, and 8. All of the requests by 

Plaintiff in the Requests for Production are necessary to enable Plaintiff to prepare 

for trial in this cause. Defendants’ objections have no merit. Plaintiff is seeking an 

order from this Court ruling the objections should be withdrawn and the Requests 

properly answered by Defendants.

Without the documents requested, Plaintiff will not be able to effectively prove 

his claims at trial.

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WHEREFORE, PREMISES CONSIDERED, Plaintiff prays as follows:

1. That Defendants be ordered to withdraw their objections be ordered to 

produce documents and respond to Plaintiff’s discovery requests. 

2. Movant be awarded such other and further relief, legal or equitable, 

which Movant may show itself justly entitled to receive.

Respectfully submitted,

K.D. PHILLIPS LAW FIRM, PLLC

 

 

By: /s/ Kerri Phillips 

Kerri Phillips

Texas Bar No. 24065906

Phone: (972) 327-5800

Email: kerri@KDphillipslaw.com

6010 W. Spring Creek Parkway

Plano, Texas 75024

Fax: (940) 400-0089

For Service of Filings: 

notice@KDphillipslaw.com

 

 

ATTORNEY FOR PLAINTIFF

 

Local Rule 7.1(b) Conferral and Certificate of Conference

Pursuant to Local Rule 7.1(b) I hereby certify that counsel for the movant has conferred 

with Defendant in a good faith effort to resolve the issues raised herein. Plaintiff’s counsel

conferred with Defendants’ counsel on via email on September 14, 2023, September 15, 2023 

via telephone call, September 20, 2023, September 22, 2023, September 23, 2023, October 12, 

2023, October 15, 2023, October 19, 2023, October 20, 2023, October 21, 2023, October 25, 

2023. A telephone call was held on September 15, 2023 wherein the concerns and objections 

were discuss, in particular. Defendants continues to delay, then produce documents Plaintiff 

produced, or previously produced documents Defendants produced, or substantially redacted 

documents, but in essence fails to conduct any meaningful review, search and recovery of the 

APFA server. Defendants fail to produce any adequate communications or documentation in 

response to Plaintiff’s requests. As of the date of filing this Motion, Plaintiffs served extremely 

limited responses. Counsel conferred and they are opposed to the Motion. 

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Date: October 27, 2023 

By: /S/ Kerri Phillips 

 Kerri Phillips 

 

CERTIFICATE OF SERVICE

I certify that on October 27, 2023, a true and correct copy of the above was served on 

Defendants’ attorneys, via the e-filing manager. 

/S/ Kerri Phillips

Kerri Phillips

Jeffrey Bartos

Guerrieri, Bartos, & Roma, P.C. 

1900 M Street, NW, Suite 700

Washington, DC 20036

Tel: (202) 624-7400; Fax: (202) 624-7420 

Email: jbartos@geclaw.com

Charlette Matts

In-House Counsel for APFA

1004 West Euless Blvd

Euless, TX 76040

Tel: (682) 301-8454 

Cmatts@apfa.org

James Sanford

4803 Gaston Avenue

Dallas, TX 75249-1020 

Tel: (214) 800-5111; Fax: (214) 838-

0001 

Email jim@gillespiesanford.com

Email: joe@gillespiesanford.com

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