Preview
FILED
4/17/2020 4:39 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Felicia Pitre DEPUTY
No. DC-1
No. DC-19-19878
9-1 9878
IN
IN THE DISTRICT
THE DISTRICT COURT
COU OF
BRIANA BONES
BONES Felicia Pitre
vs.
VS.
DALLAS COUNTY,
COUNTY, TEXAS
TINA PERRY
JUDICIAL
134TH JUDICIAL DISTRICT
DISTRICT
OFFICERS 203 CERTIFICATION OF
DEPOSITION
DEPOSITION UPON WRITTEN QUESTIONS
QUESTIONS
Records Pertaining
Records Pertaining To: BRIANA BONES
To:
Pursuant
Pursuant to Texas
to Rules of
Rules of Civil
Civil Procedure
Procedure Rule 203,203, I the
the undersigned
undersigned Notary public in
Notary Public in and for
for the
I
the State
State of
of Texas
hereby
do hereby certifythat
certify that Kia Tutner
Kia Turner , was duly
was duly sworn,
sworn, and
and the
the
depositiontranscriptisatruerecordofthetestimonianofreiordsforEpicPain
deposition transcript is a true record of the testimony given by him/her as witness/custodian of records for Epic Pain
Orthopedics.
& Orthopedics.
0 OK:
charge for
The charge
paid for
paid for by:
by: STEPHANIE
9l the completed
preparation of the
lolpryparatio!
RHIMA,
completed-depo-sition transcript and any
deposition transcript
sBN: 24102406,
RH|MA, SBN: 241o24o6,Attorney
any copies
for Defendant,
Defendlnt,
copies of
pERRy
$
i.' $
exhibits is:
of exhibits C% J
“2:2 :9
I
Attorney for TINA PERRY
deposition transcript
The deposition transcript submitted
was submitted to said
to custodian of
said custodian of records on
record s on O4lOBl202O
04/08/2020 for examination
, forexamination
andsignature,andwasreturnedtotheofficeronthatdate,andany@ess/custodianof
and signature, and was returned to the officer on that date, and any changes made by the
.
witness/custodian of
records in
records in the
the foregoing
foregoing transcript
transcript are
are attached
attached thereto or incorporated
thereto or incorpoiated therein,
therein, and
and said
said witness/custodian
witness/custodian of
of
records returned
records returned the transcript
the transcript on
on the
the date
date of
of examination;
examination; the
the original
original transcript,
transcript, together
together with
with copies
copies of
of all
all exhibits
exhibits
delivered by
was delivered certified mail
by certified or hand delivery
mail or delivery to:
to:
STEPHANIE RHIMA
SUSAN L.
SUSAN L. FLORENCE & ASSOCIATES
1201 ELM STREET, SUITE 5050
1201 5O5O
DALLAS, TX TX75270
75270
alq aa
and cgpy
copy of this
of this certificate
certificate was
was delivered
delivered by
by certified
certified mail or hand
mail or hand delivery to all
delivery to parties pursuant
all parties pursuant to Texas Rule
to Texas
of Civil
of Civil Procedure
Procedure 21 21 (a).
(a). A copy of
copy of this
this certificate
certificatehas been
has filed with
been filed with the
the'appropriate
appropriate court in DALLAS
court in DALLAS County,
County,
Texas
GIVEN UNDER MYHAND
MY HAND AND AND SEAL
SEAL OF OFFICE
OFFICE ON THIS O|TH DAY
THIS THE 09TH DAY OF APRIL,
APRIL,2O2O.
2020.
THIS IS
THIS NOTAN
IS NOT AN INVOICE.
INVOICE. “\“mflmm
§ Qe?£§».%l
$332.3“ 90312:.
;’*
3. Er
,
,
‘65
‘2“;
«$9 .3: Notary ublib,State ofTexas
State of Texas
Compe
“g
’2, ,Wxt.’
’~... Legal Services, Inc.
"
‘9
Ia,
"1W” «a 3201 Cherry
3201 Cherry Ridge Drive, Suite 3207
Drive, Suite8207
""""“““““
Antonio,
San Antonio, 7 8230-4825
TX 73230-4825
Tx
(210) 046-6424 Fax
(21 0) 646-6424 (210) 599-7621
F ax (210) 599-7621
Cc:
EBERSIE/N &
EBERSTEIN &WITHERITE, Aftomey For
LLP, Attomey
WITHERITE, LLP, Ptaintiff
For Plaintiff
Order No.
Order TX0027781
No. TX0027781 -001
TexasCS@com pexlegal.com
EMAI L: TexasCS@compexlegal.com
EMAIL:
EPI NTTTIYRPRDE TRHI
The State of Texas,
State of Texas, County of
County of Dallas
Dallas
Sheriffor
any Sheriff
To any Constable
or Constableofthe
of the StateofTexas
State of or other
Texas or otherperson authorized
person authorized to serve
to serve subpoenas
subpoenas under RULE 176
under
OF T.R.C.P.
T.R.C.P. -- GREETINGS
GKEETINGS -- YOUARE HEREBY COMMANDED T0
YOU ARE HEREBY S(IBPOENA AND SUMMON
TO SUBPOENA S(]MMON THE
FOLLOWING WITNESS(ES):
WITNESS(ES).. Custodian
Custodian of Medical
of Medical Records for:
Records for:
EPIC PAIN & ORTHOPEDICS
to
tobe and appear before a Notary
appear before Notary Public
Public of
of my designation for Compex
designation for Legal Services,Inc., 3201
Services, Inc.,
3201 Cherry
Legal
-forthwlth Ridge,
Cherry Ridge,
Suite 8207, San Antonio,
Suite B207, Tx 78230 or
Antonio, TX or its
its designated
designated agent,
agent, on the
the forthwith dayof Instanter
Ouy ofInstanter 2020
2020 at
atthe of
office of
the office
the custodian
the custodian there under
and there under oath to
to make answers of
of certain
written questions
certain writtenquestions io propounded to
to be propounded to the
the witness
witness and
to produce for
bring and produce
to bring for inspection
inspection and photocopying
photocopying a true
true and correct
correci copyofAny
copy of a[ medical
Any and all medical records
records and
other records,
other records, including
including records
records for treatment
for treatment and/or injury, litigation
and/or injury, litigationfiles,
opinions and reports,
files, opinions reports, other
other
doctors' records,
doctors' records, office
office notes,
progress notes,
notes, progress patient information
notes, patient information sheets questionnairesr-correspondence,
sheets and questionnaires, correspondence,
consultations, hospital
consultations, hospital records,
records, emergency room records,
emergency records, anesthesia
anesthesia records,
records,informed consent
informed consent documents,
documents,
telephone
telephone messagesr
messages, doctors liens,
doctors letters of
liens, letters protection,
of protection,SOAP notes, medical narratives,
notes, medical narratives,treatment
treatment notes,
notes,
sign-in logs,
sign-in internal memorandum, archived
logs, internal archived and stored
stored documents,
documents, electronic data
and electronic data record-keeping,
record-keeping,
including computer
including computer databases,including
databases,inctuding but limited to
but no limited to any
any and allhand-written or
all hand-written preliminary
or preliminary or
notes or
notes
other records
other from which
records from which final
final reports,
reports, SOAP notes
notes are generated,
are generated, any documents
any documents or received
sen-t or
sent from, any
received from, any
transcriptionist service,
transcriptionistservice, scribe, similar person
or similar
scribe, or person or
or service,pertaining to
service, pertainingto Briana
Briana Bones,
Bones, from 04/08/2009
04/0g/2009 to
to
present.,
present., at any
and at all times
any and alltimes whatsoever,
whatsoever, then and there
then there togive evidence
to give evidence at instance of
the instance
at the ofthe Defendant,
the Defendant,
TINAPERRYrepresentedbySTEPHANIERHIMA,inthatcertain
TINA PERRY represented by STEPHANIE RHIMA, in that certain Cause CauseNo.DC-|9-ISSTS.pendingonthedocket
N0. DC—19-19878, pending on the docket
in the
in I34TH JUDICIAL
the 134THJUDICIAL DISTMCT ofDALLAS
DISTRICT o-f DALLAS Com
Counry. This
This Subpoena is
is issued
una". and
issued under Uy.ni.toe
una by of Rule 200
virtue ofRule
Notice of
and Notice of Deposition
Deposition Upon Written
Written Questions
Questions file with
on file with theibove named court,
the above court, styled
styled
BRIANABONES
BRIANA BONES
vs.
vs.
TINAPERRY
TINA PERRY
and thereremain from
there remain from day
day to
to day and time
time to until discharged
time until
to time discharged according to
according pursuant
law. Pursuant
to law. to 176.8
to176.g
Enforcement of
Enforcement of Subpoena. (a) Contempt.
Subpoena. (a) Contempt Failure
Failure by
by any person
person without
without adequate
adequate excuse to
to obey a subpoena
served upon
served upon that
that person
person may be deemed a contempt
contempt of
of thecourt fiom
the courtfrom which
which the
the subpoena isissuedor
is issued district court
court
or a district
in the
in county in
the county in which
which the
the subpoena is
is sewed,
served, and may be punished
punished by fine
by fine or
or confinement,
confinement, or
or both.
both.
Pursuant HIPAA$164,512(e);
to HIPAA§164.512(e);
Pursuant to RULES 176 AND 200, TEXAS RULES OF
200, TEXAS pROCEDURE this
CIVIL PROCEDURE
oF CIVIL this
is issued
subpoena is in accordance
issued in with and by
accordance with by virtueof a notice
virtue of notice duly
duly served file with
served and on file with the
the above named court,
court.
falls under
and falls exception to
under exception confidentially, RULE 509(e)(4),
to confidentially, TEXAS RULES
509(e)(4), TEXAS RULES OF EVIDENCE,
EVIDENCE. HIPAA
Verification attached
Verification attached and incorporated
incorporated fi111y
fully herein.
herein.
Order TX0027781-001
Order No. TX002778 1 -001
Page 1 ofl1
I of
Number: TX0027781—001
Order Number: TX0027781-001 *TXo
* TXO 00277 2 7 7 8gL-001*
1-001*
WITNESS
WITNESS MY HAND, ThisThis 20th
20th day
day of March,2020
of March, 2020
.i"ru-
ffi
.T.’
{'
I _
Notary Public
Notary for the
Public forthe Stateof Texas
State ofTexas
OFFICERIS
OFFICER'S RETURN
Came to this 20 DAY OF
to hand this oF March,
March, 2020
2020 at
at09:00 A.M. and executed
09:00 A.M. executed this
this by
by delivering
delivering to the
same to within named
the within
witness,all fees
witness, all
fees have been tendered in
been tendered in accordance
accordance with
with the
the T.R.
T.R.C.P.
C.P.
Serviceby:
Service by: X
X Hand Delivery
Hand Delivery
Mail
Certified Mail
Certified
Electronic
Electronic
Witness Signature
Witness Signature of
of Receipt
Receipt and Officer's Signature
Officer’s Signature
Acceptance
Acceptance of Subpoena
of
Preview
FILED 4/17/2020 4:39 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Felicia Pitre DEPUTY No. DC-1 No. DC-19-19878 9-1 9878 IN IN THE DISTRICT THE DISTRICT COURT COU OF BRIANA BONES BONES Felicia Pitre vs. VS. DALLAS COUNTY, COUNTY, TEXAS TINA PERRY JUDICIAL 134TH JUDICIAL DISTRICT DISTRICT OFFICERS 203 CERTIFICATION OF DEPOSITION DEPOSITION UPON WRITTEN QUESTIONS QUESTIONS Records Pertaining Records Pertaining To: BRIANA BONES To: Pursuant Pursuant to Texas to Rules of Rules of Civil Civil Procedure Procedure Rule 203,203, I the the undersigned undersigned Notary public in Notary Public in and for for the I the State State of of Texas hereby do hereby certifythat certify that Kia Tutner Kia Turner , was duly was duly sworn, sworn, and and the the depositiontranscriptisatruerecordofthetestimonianofreiordsforEpicPain deposition transcript is a true record of the testimony given by him/her as witness/custodian of records for Epic Pain Orthopedics. & Orthopedics. 0 OK: charge for The charge paid for paid for by: by: STEPHANIE 9l the completed preparation of the lolpryparatio! RHIMA, completed-depo-sition transcript and any deposition transcript sBN: 24102406, RH|MA, SBN: 241o24o6,Attorney any copies for Defendant, Defendlnt, copies of pERRy $ i.' $ exhibits is: of exhibits C% J “2:2 :9 I Attorney for TINA PERRY deposition transcript The deposition transcript submitted was submitted to said to custodian of said custodian of records on record s on O4lOBl202O 04/08/2020 for examination , forexamination andsignature,andwasreturnedtotheofficeronthatdate,andany@ess/custodianof and signature, and was returned to the officer on that date, and any changes made by the . witness/custodian of records in records in the the foregoing foregoing transcript transcript are are attached attached thereto or incorporated thereto or incorpoiated therein, therein, and and said said witness/custodian witness/custodian of of records returned records returned the transcript the transcript on on the the date date of of examination; examination; the the original original transcript, transcript, together together with with copies copies of of all all exhibits exhibits delivered by was delivered certified mail by certified or hand delivery mail or delivery to: to: STEPHANIE RHIMA SUSAN L. SUSAN L. FLORENCE & ASSOCIATES 1201 ELM STREET, SUITE 5050 1201 5O5O DALLAS, TX TX75270 75270 alq aa and cgpy copy of this of this certificate certificate was was delivered delivered by by certified certified mail or hand mail or hand delivery to all delivery to parties pursuant all parties pursuant to Texas Rule to Texas of Civil of Civil Procedure Procedure 21 21 (a). (a). A copy of copy of this this certificate certificatehas been has filed with been filed with the the'appropriate appropriate court in DALLAS court in DALLAS County, County, Texas GIVEN UNDER MYHAND MY HAND AND AND SEAL SEAL OF OFFICE OFFICE ON THIS O|TH DAY THIS THE 09TH DAY OF APRIL, APRIL,2O2O. 2020. THIS IS THIS NOTAN IS NOT AN INVOICE. INVOICE. “\“mflmm § Qe?£§».%l $332.3“ 90312:. ;’* 3. Er , , ‘65 ‘2“; «$9 .3: Notary ublib,State ofTexas State of Texas Compe “g ’2, ,Wxt.’ ’~... Legal Services, Inc. " ‘9 Ia, "1W” «a 3201 Cherry 3201 Cherry Ridge Drive, Suite 3207 Drive, Suite8207 """"“““““ Antonio, San Antonio, 7 8230-4825 TX 73230-4825 Tx (210) 046-6424 Fax (21 0) 646-6424 (210) 599-7621 F ax (210) 599-7621 Cc: EBERSIE/N & EBERSTEIN &WITHERITE, Aftomey For LLP, Attomey WITHERITE, LLP, Ptaintiff For Plaintiff Order No. Order TX0027781 No. TX0027781 -001 TexasCS@com pexlegal.com EMAI L: TexasCS@compexlegal.com EMAIL: EPI NTTTIYRPRDE TRHI The State of Texas, State of Texas, County of County of Dallas Dallas Sheriffor any Sheriff To any Constable or Constableofthe of the StateofTexas State of or other Texas or otherperson authorized person authorized to serve to serve subpoenas subpoenas under RULE 176 under OF T.R.C.P. T.R.C.P. -- GREETINGS GKEETINGS -- YOUARE HEREBY COMMANDED T0 YOU ARE HEREBY S(IBPOENA AND SUMMON TO SUBPOENA S(]MMON THE FOLLOWING WITNESS(ES): WITNESS(ES).. Custodian Custodian of Medical of Medical Records for: Records for: EPIC PAIN & ORTHOPEDICS to tobe and appear before a Notary appear before Notary Public Public of of my designation for Compex designation for Legal Services,Inc., 3201 Services, Inc., 3201 Cherry Legal -forthwlth Ridge, Cherry Ridge, Suite 8207, San Antonio, Suite B207, Tx 78230 or Antonio, TX or its its designated designated agent, agent, on the the forthwith dayof Instanter Ouy ofInstanter 2020 2020 at atthe of office of the office the custodian the custodian there under and there under oath to to make answers of of certain written questions certain writtenquestions io propounded to to be propounded to the the witness witness and to produce for bring and produce to bring for inspection inspection and photocopying photocopying a true true and correct correci copyofAny copy of a[ medical Any and all medical records records and other records, other records, including including records records for treatment for treatment and/or injury, litigation and/or injury, litigationfiles, opinions and reports, files, opinions reports, other other doctors' records, doctors' records, office office notes, progress notes, notes, progress patient information notes, patient information sheets questionnairesr-correspondence, sheets and questionnaires, correspondence, consultations, hospital consultations, hospital records, records, emergency room records, emergency records, anesthesia anesthesia records, records,informed consent informed consent documents, documents, telephone telephone messagesr messages, doctors liens, doctors letters of liens, letters protection, of protection,SOAP notes, medical narratives, notes, medical narratives,treatment treatment notes, notes, sign-in logs, sign-in internal memorandum, archived logs, internal archived and stored stored documents, documents, electronic data and electronic data record-keeping, record-keeping, including computer including computer databases,including databases,inctuding but limited to but no limited to any any and allhand-written or all hand-written preliminary or preliminary or notes or notes other records other from which records from which final final reports, reports, SOAP notes notes are generated, are generated, any documents any documents or received sen-t or sent from, any received from, any transcriptionist service, transcriptionistservice, scribe, similar person or similar scribe, or person or or service,pertaining to service, pertainingto Briana Briana Bones, Bones, from 04/08/2009 04/0g/2009 to to present., present., at any and at all times any and alltimes whatsoever, whatsoever, then and there then there togive evidence to give evidence at instance of the instance at the ofthe Defendant, the Defendant, TINAPERRYrepresentedbySTEPHANIERHIMA,inthatcertain TINA PERRY represented by STEPHANIE RHIMA, in that certain Cause CauseNo.DC-|9-ISSTS.pendingonthedocket N0. DC—19-19878, pending on the docket in the in I34TH JUDICIAL the 134THJUDICIAL DISTMCT ofDALLAS DISTRICT o-f DALLAS Com Counry. This This Subpoena is is issued una". and issued under Uy.ni.toe una by of Rule 200 virtue ofRule Notice of and Notice of Deposition Deposition Upon Written Written Questions Questions file with on file with theibove named court, the above court, styled styled BRIANABONES BRIANA BONES vs. vs. TINAPERRY TINA PERRY and thereremain from there remain from day day to to day and time time to until discharged time until to time discharged according to according pursuant law. Pursuant to law. to 176.8 to176.g Enforcement of Enforcement of Subpoena. (a) Contempt. Subpoena. (a) Contempt Failure Failure by by any person person without without adequate adequate excuse to to obey a subpoena served upon served upon that that person person may be deemed a contempt contempt of of thecourt fiom the courtfrom which which the the subpoena isissuedor is issued district court court or a district in the in county in the county in which which the the subpoena is is sewed, served, and may be punished punished by fine by fine or or confinement, confinement, or or both. both. Pursuant HIPAA$164,512(e); to HIPAA§164.512(e); Pursuant to RULES 176 AND 200, TEXAS RULES OF 200, TEXAS pROCEDURE this CIVIL PROCEDURE oF CIVIL this is issued subpoena is in accordance issued in with and by accordance with by virtueof a notice virtue of notice duly duly served file with served and on file with the the above named court, court. falls under and falls exception to under exception confidentially, RULE 509(e)(4), to confidentially, TEXAS RULES 509(e)(4), TEXAS RULES OF EVIDENCE, EVIDENCE. HIPAA Verification attached Verification attached and incorporated incorporated fi111y fully herein. herein. Order TX0027781-001 Order No. TX002778 1 -001 Page 1 ofl1 I of Number: TX0027781—001 Order Number: TX0027781-001 *TXo * TXO 00277 2 7 7 8gL-001* 1-001* WITNESS WITNESS MY HAND, ThisThis 20th 20th day day of March,2020 of March, 2020 .i"ru- ffi .T.’ {' I _ Notary Public Notary for the Public forthe Stateof Texas State ofTexas OFFICERIS OFFICER'S RETURN Came to this 20 DAY OF to hand this oF March, March, 2020 2020 at at09:00 A.M. and executed 09:00 A.M. executed this this by by delivering delivering to the same to within named the within witness,all fees witness, all fees have been tendered in been tendered in accordance accordance with with the the T.R. T.R.C.P. C.P. Serviceby: Service by: X X Hand Delivery Hand Delivery Mail Certified Mail Certified Electronic Electronic Witness Signature Witness Signature of of Receipt Receipt and Officer's Signature Officer’s Signature Acceptance Acceptance of Subpoena of