CAUSE NO. 348-244334-10
BARRY WOOD JR,
IN THE DISTRICT COURT OF
Plaintiff Pro Se
TARRANT COUNTY, TEXAS
VOA Facility Director, Ft. Worth AND
VOLUNTEERS of AMERICA, TX INC.,
348th JUDICIAL DISTRICT
PLAINTIFF‟S MOTION TO COMPEL DEFENDANTS TO RESPOND TO
REQUESTS FOR ADMISSION, REQUESTS FOR PRODUCTION AND
Plaintiff asks the court to compel Defendants to respond to Plaintiff‟s discovery requests.
Plaintiff is Barry Wood, Jr; defendants are Merrill Wells and VOA employer.
Plaintiff sued defendants for negligence, gross negligence, and breach of fiduciary
duty. Discovery in this suit is governed by Level 2, and the discovery period will end on February
This case is set for trial on March 28, 2011.
On May 10, 2010, plaintiff served defendants with the discovery requests in
accordance with Texas Rules of Civil Procedure 21 and 21a.
Defendants served the attached responses on June 14, 2010.
Plaintiff attaches affidavits and witness statements to this motion as Exhibits A, B,
and C to establish facts not apparent from the record and incorporates them by reference.
Plaintiff arrived late to Defendant Wells‟ facility in September 2009 due to a delay in
the Greyhound bus schedule, but Plaintiff made certain that notification procedures were
followed so as to avoid repercussions. Later, Plaintiff clearly explained the circumstances of the
incident to the Defendant while noting the Defendant‟s incompetence and his staff‟s ineptitude.
Defendant stated that he didn‟t like the Plaintiff‟s attitude and found Plaintiff arrogant, then
promptly relayed a disingenuous and incomplete report of the incident to a BOP official who,
based exclusively on Defendant‟s report, had the Plaintiff jailed for Federal Prohibited Act (FPA)
308, Violation of Furlough.