Fig cavseno. OF 2800 5 wii et, or oh DALLAS As GBUnspERAS § A-14 tinct DISTRICT INRE: JOHN WILEY PRICE, PETITIONER. PETITIONER JOHN WILEY PRICE’S VERIFIED PETITION TO TAKE DEPOSITION BEFORE SUIT Petitioner John Wiley Price (“Mr. Price”) moves this Court for permission to take the deposition of Eddie Bernice Johnson (Ms. Johnson”) pursuant Texas Rule of Civil Procedure 202, and respectfully states the following: L FACTS 1, Mr. Price is a County Commissioner of Dallas County. Ms. Johnson is a United States Congresswoman who represents the 30" Congressional District in Dallas County." 2. Recently, The Allen Group proposed the development of an inland port complex (the “Inland Port”) in southern Dallas County. Mr, Price's represents District 3 in southem Dallas County. 3. To assure the orderly development of the Inland Port and surrounding areas, Mr. Price recommended that Dallas County conduct a land-use and zoning study, and develop a master plan for the Inland Port. Both Dallas Mayor Tom Leppert and The Dallas Morning News ‘These persons’ official tiles are stated simply to provide the Court a better understanding of the dispute at issue. Mr. Price does not file this petition in his official capacity, and does not seek leave to depose Ms. Johnson in her official capacity. PETITIONER JOHN WILEY PRICE'S VERIFIED Pace t PETITION To TAKE DEPOSITION BEFORE SUITsupported Mr. Price's proposal. See Dallas Morning News, “Editorial: Inland Port Master Plan Sill Alive” (Oct, 24, 2008). 4, The Allen Group (“TAG”) — the land developer that proposed to build the Inland Port ~ disagreed with Mr. Price. TAG allegedly had completed a five-year development process and was ready to begin selling and leasing property. TAG complained that Mr. Price's proposed study and master plan would unnecessarily delay the Inland Port project 5. Ms, Johnson sided with TAG. However, instead of simply voicing her disagreement with Mr, Price’s proposal, she reportedly accused him of unethical, if not criminal, behavior. In the December 18, 2008 issue of the Dallas Observer, Ms. Johnson is quoted as follows: Johnson told me last week she views Commissioner Price’s role, in particular, as part of a long, bad history: “I see all of these different deals that he's trying to do over the years, shaking people down and all that kind of stuf.” She said she knew what was wrong with the proposed inland port ‘master plan the first time she heard of it. “John was making sure he put a cork in there to stop everything until they did what he ‘wanted them to do.’ Johnson said she agreed to meet with (Senator Royce West] and Price. “They said to me, ‘We're the toughest three people in this count.’ .. ‘If we stick together, we can get a lot of things done. These people [TAG] are not going to come in here and there not ‘be some blacks making money.” “John was holding out until he could arrange for somebody to get some money.” Dallas Observer, “Congresswoman Calls Out John Wiley Price for Shaking Down Development Deal” (Dee. 18, 2008) (emphasis added”). A true and correct copy of this article is attached as, Exhibit A. PETITIONER JOHN WILEY PRICE'S VERIFIED Pace? PETITION To TAKE DEPOSITION BEFORE SUITu. REQUEST TO TAKE DEPOSITIONS TO INVESTIGATE CLAIMS 6. Pursuant to Rule 202 of the Texas Rules of Civil Procedure, Mr. Price requests an order authorizing him to take the deposition of Ms. Johnson prior to filing suit against her. 7. The facts stated in this Petition are verified by Mr. Price. See Verification, attached as Exhibit B. 8. As mentioned below, no suit is yet anticipated. Therefore, pursuant to Rule 202.2(6)(1), this Petition is filed in Dallas County, where Ms. Johnson resides. 9. At this time, Mr. Price does not know whether he intends to pursue a lawsuit against Ms, Johnson; Mr. Price’s decision will depend to a lange extent on the substance of Ms. Johnson’s deposition testimony. Through this Petition, Mr. Price seeks to investigate potential claims against Ms, Johnson. 10. As stated above, Mr. Price does not know whether he will pursue a lawsuit against Ms. Johnson, However, in the event suit is filed, the action would relate to the defamatory statements discussed above; eg. Ms. Johnson’s that Mr. Price committed one or more “shakedowns.” ‘Through these statements, Ms. Johnson accuses Mr. Price of unethical if not illegal conduct, and therefore may have seriously damaged his reputation. 11, As stated above, Mr. Price does not know whether he will pursue @ lawsuit ‘against Ms. Johnson. However, in the event suit is filed, Mr. Price anticipates the following ‘persons may have interests adverse to Mr, Price: Eddie Bernice Johnson 3102 Maple Avenue Suite 600 Dallas, TX 75201 Phone: (214) 922-8885 PrTrrioner JOHN WILEY PRICE'S VERIFIED Paces PETITION To Take DEPOSITION BEFORE SUIT