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De Bakery Case Summary

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1. Pursuant to Texas Rule of Civil Procedure Rule 190.1, CSB seeks to conduct discovery under Level 2, Rule 190.3.
PARTIES
2. Plaintiff Collin Street Bakery, Inc. is a Texas corporation.
3. Defendant De Boulle Diamond & Jewelry, Inc. is a Texas Corporation with its principal place of business in Dallas County, Texas, and may be served by serving its registered agent, Denis J. Boulle, located at 6821 Preston Road, Dallas, Texas 75205, or wherever he may be found.
JURISDICTION AND VENUE
4. This Court has jurisdiction over Defendant because Defendant’s principal place of business is in the State of Texas. Further, the Court has subject matter jurisdiction over this action as the amount in controversy is within the Court’s jurisdiction.
5. Venue …show more content…
Upon information and belief, prior to accepting CSB’s checks in payment of Jenkins’ purchase or purchases, De Boulle made no effort to verify the authority of Jenkins to tender the two CSB checks which total $___________, or otherwise investigate why CSB would be purchasing items from De Boulle which cost $165,000.00, or question why an individual would make such a substantial purchases or purchases, using two company checks and a personal credit card.
12. CSB has no history of making purchases from De Boulle for any reason; and the facts and circumstances giving rise to the subject purchase or purchases should have raised numerous “red flags.” De Boulle should not have accepted CSB checks as payment from Jenkins without authorization from CSB. De Boulle’s failure to obtain such authorization caused CSB damages in excess of the minimum jurisdictional limits of the court.
13. Between December 2005 and March of 2011, Jenkins made numerous additional purchases from De Boulle using his American Express card.
14. The first three payments from Jenkins to De Boulle totaling $243,562.50 were among the first fraudulent purchases he made as part of his broader fraudulent check scheme. If De Boulle had contacted CSB seeking authorization prior to accepting the two CSB checks totaling $______________, CSB would have been made aware of Jenkins’ fraud at an early date, preventing CSB from suffering substantial damages over the next seven-year

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