Preview
3/26/2020 10. 54 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Cassandra Walker DEPUTY
N0. BC-kuwg’m
§ EN THE DESTRICT COURT OF
BRMNA BONES §
§
vs. § DALLAS COUNTY? TEXAS
_
§
TiNA PERRY §
§ 134TH JUDECEAL DESTRJCT
NQTEEE 0F ENTENTIGN
T0 TAKE BEPGSETEGN BY WRETTEN QUES'HGNS
T0 P1aintiff(s) by and through their attomey(s) 0f record: ADEWALE SHAlWUSEDEE ODETUND
To other party/parties by and through their attorney(s) of record:
You will please take notice that twenty (20) days from the service of a cepy hereof with attached questions, a deposition
by written questions will be taken of Custodian of Records for: FROGRESSEVE CONSULTANTS. before a REHAB
Notary Public for Compex Legal Sel'vice89 Inc. 3201 Cherry Ridge Drive9 Suite 3207, San Antonio, TX 78230—4825 0r its
designated agent, which deposition with attached questions may be used in evidence upon the trial of the above-styled and
numbered cause pending in the above named court.
Notice is further given that request is hereby made as authorized under Rules 176 and 200, Texas Rules 0f Civil
Procedure, t0 the officer taking the deposition to issue a subpoena duces tecum and cause it t0 be served on the witness t0 produce
Any and all medical records and other records, including records for treatment andlor injury, litigation files, opinions and
reports, other doctors' records, office notes, progress notes.) patient information sheets and questionnaires, correspondence,
consultations, hospital records, emergency room records, anesthesia records, informed consent documents, telephone
messages, doctors liens, letters ofprotection, SOAP notes, medical narratives.) treatment notes, sign—in logs? internal
memorandum, archived and electronic data record—keeping, including computer databases,including
stored documentsg and
but no limited to any and hand—written 0r preliminary notes or other records from Which final reports, SOAP notes are
all
generated, any documents sent or received from, any transcriptionist service, scribe, 0r similar person 0r service, pertaining
to Briana Bones, from 04/08/2009 t0 present. And to tum all such records over t0 the officer authorized t0 take this deposition so
that photographic reproductions 0f the same may be made and attached to said deposition.
STEPHANIE RHIMA
SUSAN L. FLORENCE & ASSOCIATES
12M.ELM STREET, SUITE 5050
DALLAS, TX 752?!)
214-659—4300 FAX 214—659-4390
ATTORNEY FOR DEFENDANT
STATE BARii: 24102406
I _CJ ?-':'-_'w.. "'i""..z .41
hi .«ihwg'e‘xi -‘-_'I'_"."" .3":'»- --
I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to all Counsel of Record by hand
delivery, FAX and/or certified mail return receipt requested, on this day.
Ig'xjuv'"I!:.H'_:J_;.-.‘... 5.1.1:;
.T.-j':""3le-"¢-"~'-l°-x".""‘-.3 4....‘3
Dated: 03/20/2020 '_--__I.I:.;.:«"f._
Compex Order N0. TX0027781—003
EMALL: TEXASCSgQCOMPBXLEGALCOM
N0. BC—19wl9878
§ IN THE 953mm? CQURT 0F
BRIANA BONES §
§
vs. § DALLAS CO UNITY? TEXAS
§
TINA MM? §
§
134m‘ JUDICEAL MSTRECT
BERECT QUESTEONS T0 BE PRGPOUNDED TO
THE CUSTQDEAN SF ERECQRBS FGR:
PROGESSIVE REHAB CGNSULTANTS
from 04/88/2009 t0 Present
What is your full name, address and telephone number?
Answer:
I am the custodian 0f records for:
(Please insert the name 0f your facility)
Did you receive a subpoena for the production 0f records which pertain to BREANA BONES ?
Answer:
Are the records as outlined in the Subpoena Duces Tecum, pertaining t0 BRIANA BONES , in your custody 0r subject to your
control, supervision 0r direction?
Answer:
Do you understand the subpoena requests ail the records and documents pertaining to BRIANA BONES and is not limited t0
records and documents related to the incident, injury 0r illness which forms the basis 0f this lawsuit nor is it limited 1'11 scope 0r
time as t0 the record 0r document, unless otherwise specified within the subpoena?
Answer:
Were these memoranda, reports, records, and/or data compilations made or caused to be made by the above-mentioned facility?
Answer:
Please state whether or not it was in the regular course ofbusiness 0f the above-mentioned facility for a person with knowledge
0f the acts, events, conditions, opinions, or diagnoses recorded to make the record 0r to transmit information thereof to be
included in such record.
Answer:
Compex Order N0. TX002778 1 —001
Page 1 0f3
Were ihe entries of memoranda, reports, records, and/or data compilations made at or shortly after the time 0f the transaction
recorded 0n these entries?
Answer:
Were these entries made and kept in the regular course 0f business?
Answer:
10. Was the method Ofpreparation of these records trustwofihy‘?
Answer:
x.
11. Please attach to this deposition exact duplicates 0f the records as descn'bed in the subpoena pertaining t0 BREANA BONES .
Have you done as requested? If not, please explain why you have not.
Answer:
12. Are the copies which you have attached to this deposition, a true and correct copy 0f the original records as requested in the
subpoena pertaining t0 BRIANA BONES ‘?
Answer:
13. In the event that n0 records can be found, are there document archives (Le. microfiche) 0r document retention policies, which
explain their absence? If yes, please identify who has knowledge 0f those archives 0r policies for the above listed.
Answer:
14. Are you aware 0f any other facility, entity, hospital, clinic, sanitafium, physician, chiropractor, psychologist, psychiatrist, or
osteopath, that may have records pertaining to BREANA BONES ? 1f so, please state the name and address of'such entity and
describe briefly what records they may possess.
Answer:
15. Have you been requested, directed or has even been suggested by any person (whether employer, employee, lawyer, patient
it
0r anyone else) that any pan 0f the records subject t0
this deposition be withheld 0r protected from discovery for any reason? If
so, please state the name and address 0f the person who conveyed this information to you and when such event occurred.
Answer:
16. D0 you have any reason t0 believe that the records subj ect t0 this deposition have been edited, purged, culled or in any other
manner made different from the way such records existed when created? If so, please explain your knowledge or belief in that
regard.
Answer:
Compex Order N0. TX0027781—001
Page 2 0f 3
1?. Are you aware that it may be necessary t0 subpoena you or your employer to court at the. time of the trial 0f this case, if you
have NOT provided t0 the notary public taking, your deposition, ail papers documents, records, correspondence, 01‘ tangible
matters 0f any kind pertaining t0 BR'IANA BONES as dictated by the attached subpoena?
Answer:
18. Please identify the person who provided anesthesia services (Anesthesiologist, nurse anesthesist, etc.) t0 BRIANA BONES
during procedures peiformed on 08/0 8/20193 by name and employer.
Answer:
19. Please identify any transcriptionist company, scribe, 01‘ similar person 0r entity t0 Whom you provided notes 0r other documents
concerning BREANA BONES for transcription into paper 0r electronic form.
Answer: _
WITNESS (Custodian 0f Records)
Before me, the undersigned authority, 0n this day personally appeared __,
known t0 me to be the person whose name is subscribed t0 the foregoing instrument in the capacity therein stated, who being first
duly sworn, stated upon hisfher oath that the answers t0 the foregoing questions are true and correct. Ifurther certifir that the records
attached hereto are exact duplicates of the original records.
SWORN TO AND SUBSCRIBED before me this day of ,
20
NOTARY PUBLIC
Compex Order N0. TX0027781—001
Page 3 0f 3
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3/26/2020 10. 54 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Cassandra Walker DEPUTY N0. BC-kuwg’m § EN THE DESTRICT COURT OF BRMNA BONES § § vs. § DALLAS COUNTY? TEXAS _ § TiNA PERRY § § 134TH JUDECEAL DESTRJCT NQTEEE 0F ENTENTIGN T0 TAKE BEPGSETEGN BY WRETTEN QUES'HGNS T0 P1aintiff(s) by and through their attomey(s) 0f record: ADEWALE SHAlWUSEDEE ODETUND To other party/parties by and through their attorney(s) of record: You will please take notice that twenty (20) days from the service of a cepy hereof with attached questions, a deposition by written questions will be taken of Custodian of Records for: FROGRESSEVE CONSULTANTS. before a REHAB Notary Public for Compex Legal Sel'vice89 Inc. 3201 Cherry Ridge Drive9 Suite 3207, San Antonio, TX 78230—4825 0r its designated agent, which deposition with attached questions may be used in evidence upon the trial of the above-styled and numbered cause pending in the above named court. Notice is further given that request is hereby made as authorized under Rules 176 and 200, Texas Rules 0f Civil Procedure, t0 the officer taking the deposition to issue a subpoena duces tecum and cause it t0 be served on the witness t0 produce Any and all medical records and other records, including records for treatment andlor injury, litigation files, opinions and reports, other doctors' records, office notes, progress notes.) patient information sheets and questionnaires, correspondence, consultations, hospital records, emergency room records, anesthesia records, informed consent documents, telephone messages, doctors liens, letters ofprotection, SOAP notes, medical narratives.) treatment notes, sign—in logs? internal memorandum, archived and electronic data record—keeping, including computer databases,including stored documentsg and but no limited to any and hand—written 0r preliminary notes or other records from Which final reports, SOAP notes are all generated, any documents sent or received from, any transcriptionist service, scribe, 0r similar person 0r service, pertaining to Briana Bones, from 04/08/2009 t0 present. And to tum all such records over t0 the officer authorized t0 take this deposition so that photographic reproductions 0f the same may be made and attached to said deposition. STEPHANIE RHIMA SUSAN L. FLORENCE & ASSOCIATES 12M.ELM STREET, SUITE 5050 DALLAS, TX 752?!) 214-659—4300 FAX 214—659-4390 ATTORNEY FOR DEFENDANT STATE BARii: 24102406 I _CJ ?-':'-_'w.. "'i""..z .41 hi .«ihwg'e‘xi -‘-_'I'_"."" .3":'»- -- I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to all Counsel of Record by hand delivery, FAX and/or certified mail return receipt requested, on this day. Ig'xjuv'"I!:.H'_:J_;.-.‘... 5.1.1:; .T.-j':""3le-"¢-"~'-l°-x".""‘-.3 4....‘3 Dated: 03/20/2020 '_--__I.I:.;.:«"f._ Compex Order N0. TX0027781—003 EMALL: TEXASCSgQCOMPBXLEGALCOM N0. BC—19wl9878 § IN THE 953mm? CQURT 0F BRIANA BONES § § vs. § DALLAS CO UNITY? TEXAS § TINA MM? § § 134m‘ JUDICEAL MSTRECT BERECT QUESTEONS T0 BE PRGPOUNDED TO THE CUSTQDEAN SF ERECQRBS FGR: PROGESSIVE REHAB CGNSULTANTS from 04/88/2009 t0 Present What is your full name, address and telephone number? Answer: I am the custodian 0f records for: (Please insert the name 0f your facility) Did you receive a subpoena for the production 0f records which pertain to BREANA BONES ? Answer: Are the records as outlined in the Subpoena Duces Tecum, pertaining t0 BRIANA BONES , in your custody 0r subject to your control, supervision 0r direction? Answer: Do you understand the subpoena requests ail the records and documents pertaining to BRIANA BONES and is not limited t0 records and documents related to the incident, injury 0r illness which forms the basis 0f this lawsuit nor is it limited 1'11 scope 0r time as t0 the record 0r document, unless otherwise specified within the subpoena? Answer: Were these memoranda, reports, records, and/or data compilations made or caused to be made by the above-mentioned facility? Answer: Please state whether or not it was in the regular course ofbusiness 0f the above-mentioned facility for a person with knowledge 0f the acts, events, conditions, opinions, or diagnoses recorded to make the record 0r to transmit information thereof to be included in such record. Answer: Compex Order N0. TX002778 1 —001 Page 1 0f3 Were ihe entries of memoranda, reports, records, and/or data compilations made at or shortly after the time 0f the transaction recorded 0n these entries? Answer: Were these entries made and kept in the regular course 0f business? Answer: 10. Was the method Ofpreparation of these records trustwofihy‘? Answer: x. 11. Please attach to this deposition exact duplicates 0f the records as descn'bed in the subpoena pertaining t0 BREANA BONES . Have you done as requested? If not, please explain why you have not. Answer: 12. Are the copies which you have attached to this deposition, a true and correct copy 0f the original records as requested in the subpoena pertaining t0 BRIANA BONES ‘? Answer: 13. In the event that n0 records can be found, are there document archives (Le. microfiche) 0r document retention policies, which explain their absence? If yes, please identify who has knowledge 0f those archives 0r policies for the above listed. Answer: 14. Are you aware 0f any other facility, entity, hospital, clinic, sanitafium, physician, chiropractor, psychologist, psychiatrist, or osteopath, that may have records pertaining to BREANA BONES ? 1f so, please state the name and address of'such entity and describe briefly what records they may possess. Answer: 15. Have you been requested, directed or has even been suggested by any person (whether employer, employee, lawyer, patient it 0r anyone else) that any pan 0f the records subject t0 this deposition be withheld 0r protected from discovery for any reason? If so, please state the name and address 0f the person who conveyed this information to you and when such event occurred. Answer: 16. D0 you have any reason t0 believe that the records subj ect t0 this deposition have been edited, purged, culled or in any other manner made different from the way such records existed when created? If so, please explain your knowledge or belief in that regard. Answer: Compex Order N0. TX0027781—001 Page 2 0f 3 1?. Are you aware that it may be necessary t0 subpoena you or your employer to court at the. time of the trial 0f this case, if you have NOT provided t0 the notary public taking, your deposition, ail papers documents, records, correspondence, 01‘ tangible matters 0f any kind pertaining t0 BR'IANA BONES as dictated by the attached subpoena? Answer: 18. Please identify the person who provided anesthesia services (Anesthesiologist, nurse anesthesist, etc.) t0 BRIANA BONES during procedures peiformed on 08/0 8/20193 by name and employer. Answer: 19. Please identify any transcriptionist company, scribe, 01‘ similar person 0r entity t0 Whom you provided notes 0r other documents concerning BREANA BONES for transcription into paper 0r electronic form. Answer: _ WITNESS (Custodian 0f Records) Before me, the undersigned authority, 0n this day personally appeared __, known t0 me to be the person whose name is subscribed t0 the foregoing instrument in the capacity therein stated, who being first duly sworn, stated upon hisfher oath that the answers t0 the foregoing questions are true and correct. Ifurther certifir that the records attached hereto are exact duplicates of the original records. SWORN TO AND SUBSCRIBED before me this day of , 20 NOTARY PUBLIC Compex Order N0. TX0027781—001 Page 3 0f 3