N0. DC-l8-17620-D IN IN RE: THE DISTRICT COURT DALLAS COUNTY, TEXAS IRA E. TOBOLOWSKY, WDWDWWW 95th Petitioner, JUDICIAL DISTRICT ORDER ON (1) PETITIONER’S SECOND AMENDED VERIFIED RULE 202 PETITION; (2) RESPONDENTS’ PLEAS TO THE JURISDICTION; AND (3) RESPONDENT CITY OF DALLAS’ MOTION FOR CONTINUANCE On the 28th day of December 2018, considered Petitioner’s Second at an Amended Verified Rule 202 came to be Petition, requesting issuance of oral hearing before the Court, subpoena’s duces tecum for the investigation of potential claims, as well as Respondents’ Pleas to the Jurisdiction, respectively, and Respondent City of Dallas for a Continuance of the hearing on Petitioner’s Second Petitioner appeared through counsel, Michael / Dallas Police Department’s Motion Amended Verified Rule 202 Petition. Tobolowsky. Respondent City of Dallas / the Dallas Charles Estee of the Dallas City Police Department appeared through counsel, Justin Roy and Attorney’s Office, and Respondent County of Dallas Dallas County Medical Examiner appeared / through counsel, Barbara Nichdlas of the Dallas County District Attorney’s Office, civil division. The Court, after considering Respondent City ofDallas / Dallas Police Department’s Motion for Continuance, other papers Continuance should be in all on file, and argument of counsel, finds things denied. It is, Motion that the for therefore, ORDERED, ADJUDGED, and DECREED that Respondent City ofDallas / Dallas Police Department’s Motion for Continuance The Court, on file, after considering is hereby DENIED. Respondents’ respective pleas to the jurisdiction, other papers and argument of counsel, finds that both pleas to the jurisdiction should be in denied and overruled. It is, therefore, ORDER ON PETITIONER’S SECOND AMENDED VERIFIED 202 PETITION, ETC. - Page 1 all things ORDERED, ADJUDGED, and DECREED that Respondents’ pleas to the jurisdiction are ¥ both hereby DENIED AND OVERRULED. Finally, after considering Petitioner’s Second Amended Verified Rule 202 Petition, Respondents’ Responses thereto, other papers on file, evidence presented at the oral hearing, as well as the argument of counsel, the Court finds that the Second Amended Verified Rule 202 Petition should be granted in part and denied in part as set forth below. IT IS ORDERED, ADJUDGED, Verified Rule 202 Examiner, is Petition, as hereby it and pertains to DECREED that Petitioner’s Respondent Dallas County / Second Amended Dallas County Medical DISMISSED WITHOUT PREJUDICE. THE COURT FINDS that the likely benefit 0f allowing Petitioner to take the fequested deposition and obtain the requested documents to investigate potential claims arising relating to the death o‘fit of or of Ira E.‘Tobolowsky outweighs the burden or expense of the procedure. THE COURT FUTHER FINDS that Respondent City ofDallas / Dallas Police Department failed to establish the law enforcement privilege and, thus, the law enforcemefit privilege does not protect from production the deposition and documents requested by Petitioner from Respondent City of Dallas / Dallas Police Department. It is, therefore, ORDERED, ADJUDGED, and DECREED that Petitioner’s Rule 202 Petition, as it pertains to Respondent City of Dallas GRANTED in its entirety. It is / Second Amended Verified Dallas Police Department, is hereby filrther, ORDERED, ADJUDGED, and DECREED that Respohdent City ofDallas / Dallas Police Department shall present a Custodian ofRecords for a deposition on written questions at which time such Custodian ofRecords shall answer questions sufficient to authenticate and establish a predicate ORDER 0N PETITIONER’S SECOND AMENDED VERIFIED 202 PETITION, ETC. - Page 2 for admissibilitybfthe following items, must produce which Respondent City ofDallas / Dallas Police Department to Petitioner prior to orat the deposition on written questions ordered above: A11 surveillance video or other footage associated with or related to the death of Ira a. E. Tobolowsky and/or the investigation thereof; A11 forensic reports, including attachments and supplements thereto, related to the death of Ira E. Tobolowsky and the investigation thereof; A11 interviews conducted by the Dallas Police Department of “persons of interest” in connection with the death of Ira E. Tobolowsky; A11 recorded statements taken by any officers, detectives, 0r other members of the Dallas Police Department relating to the death 0f Ira E. Tobolowsky; A11 interviews conducted by the Dallas Police Department of witnesses and/or possible witnesses to seek information related to the investigation into the death of Ira E. Tobolowsky; A copy of all items obtained pursuant to search warrants issued in the investigation into the death of Ira E. Tobolowsky, which are capable ofbeing copied Without harm or contamination; A11 photographs taken by or in the possession ofthe Dallas Police Department, which relate to the death of Ira E. Tobolowsky and/or the investigation thereof; and A complete copy of the Dallas Police Department’s entire investigative file for the death of Ira E. Tobolowsky, including all attachments and supplements thereto. IT IS FURTHER ORDERED, ADJUDGED, and DECREED that Petitioner shall obtain the above-ordered deposition Respondent City of Dallas / oh written questions and production of documents by serving Dallas Police Department with a subpoena duées tecum in accordance with this Order and the Texas Rules of Civil Procedure. ORDERED, ADJUDGED, and DECREED Respondent City of Dallas of Dallas / / It is further, that the subpoena duces tecum served on Dallas Police Department by Petitioner shall require Respondent City Dallas Police Department to fully comply with the demands therein by no later than 21 days followingservice thereof. It is further, ORDER ON PETITIONER’S SECOND AMENDED VERIFIED 202 PETITION, ETC. - Page 3 ORDERED, ADJUDGED, and DECREED granted herein, is hereby that all other relief requested which DENIED. SIGNED this 39L“ day ofDecember, 2018. MAM KEN MOLBERG Ila. Judge, 95th strict Court ORDER ON PETITIONER’S SECOND AMENDED VERIFIED 202 PETITION, ETC. - Page 4 is not