Preview
Filed
11/18/2022 12:51 PM
Beverley McGrew Walker
District Clerk
No. 21-DCV-286906 Fort Bend County, Texas
Norma Sosa
DOMINIC KION DAVIS IN THE DISTRICT COURT OF
VS. FORT BEND COUNTY, TEXAS
PATRICK WAYNE ELY and
TEXAS TRANSEASTERN, INC. 240TH JUDICIAL DISTRICT
NOTICE OF INTENTION
TO TAKE DEPOSITION BY WRITTEN QUESTIONS
To Plaintiff by and through their attorney(s) of record: Charlie Gustin, David G. Ghably and Omar Khawaja (The Law
Offices of Omar Khawaja, PLLC)
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 copy hereof with attached questions, a deposition by written
questions will be taken of Custodian of Records for:
Michael E. DeBakey VA Medical Center (Medical)
Release of Information 136-H
2002 Holcombe Blvd.
Houston, TX 77030
Michael E. DeBakey VA Medical Center (Radiology)
Release of Information 136-H.
2002 Holcombe Blvd.
Houston, TX 77030
before a Notary Public for Liberty Litigation Support LLC
7171 Highway 6 North, Suite 250
Houston, TX 77095
(281) 200-5320 or (281) 200-5310 Fax (713) 533-8997
or 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 Rule
200, Texas Rules of Civil Procedure, to the officer taking this deposition to issue a subpoena duces tecum and cause it to be
served on the witness to produce any and all records as described on the attached questions and/or Exhibit(s) and any other such
record in the possession, custody or control of the said witness, and every such record to which the witness may have access,
pertaining to: Dominic Kion Davis
and to turn all such records over to the officer authorized to take this deposition so that photographic reproductions of the same
may be made and attached to said deposition.
Ls MarcB. Johnsow Marc B, Johnson
By permission BairHilty, P.C.
14711 Pebble Bend Drive
Houston, TX 77068
713-862-5599 Fax 713-868-9444
mjohnson@bairhilty.com
Attorney for Defendant, Patrick Wayne Ely and Texas
TransEastern, Inc.
SBA # 90001975
I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to all Counsel of Record by hand
delivery, email, FAX, and/or certified mail, return receipt requested, on this day.
Dated: November 18, 2022 by, Kristew Chumley
THE STATE OF TEXAS
To any Sheriff or Constable of the State of Texas or other person authorized to serve subpoenas under RULE 176 OF TEXAS
RULES OF CIVIL PROCEDURE. - GREETINGS -
You are hereby commanded to subpoena and summon the following witness(es):
Custodian of Records for:
Michael E. DeBakey VA Medical Center
Release of Information 136-H
2002 Holcombe Blvd.
Houston, TX 77030 713-794-7776
to be and appear before a Notary Public of my designation for
Liberty Litigation Support LLC (281) 200-5320 or (281) 200-5310
7171 Highway 6 North, Suite 250, Houston, TX 77095
or its designated agent, by the twentieth day of receipt of the subpoena at the office of the custodian and there under oath to
make answers of certain written questions to be propounded to the witness and to bring and produce for inspection and
photocopying
Any and all medical records, clinic records, reports, admission forms, patient information and history forms,
discharge summaries, diagnostic reports, diagnostic films, insurance records, other health care providers' reports and
consultations, prescription records, therapy records, lab reports, notes, nurses' notes, doctors' notes, test results,
message slips, letters of protection, correspondence, photographs and any other tangible documents (excluding billing
records) on Dominic Kion Davis, DOB: 10/11/1986, from March 25, 2017 to present.
and any other such record in the possession, custody or control of the said witness, and every such record to which the witness
may have access, pertaining to:
Dominic Kion Davis Date of Birth: Pe
at any and all times whatsoever, then and there to give evidence at the instance of the Defendant Patrick Wayne Ely and
Texas TransEastern, Inc. represented by Mare B. Johnson, Attorney of Record, in that Certain Cause No. 21-DCV-286906,
pending on the docket of the District Court of the 240th Judicial District of Fort Bend County, Texas.
This Subpoena is issued under and by virtue of Rule 200 and Notice of Deposition Upon Written Questions on file with the
above named court, styled
DOMINIC KION DAVIS
vs.
PATRICK WAYNE ELY and TEXAS TRANSEASTERN, INC,
and there remain from day to day and time to time until discharged according to law.
WITNESS MY HAND. this _18thdav
of November. 2022
Tt, KRISTEN CHUMLEY
Notary Public, State of Texas|
Comm. Expires 06-21-2023
ty o Notary ID 132060847
176.8 Enforcement of Subpoena. (a) Contempt. Failure by any person without adequate excuse to obey a subpoena served
upon that person may be deemed a contempt of the court from which the subpoena is issued or a district court in the county in
which the subpoena is served, and may be punished by fine or confinement, or both.
OFFICER'S RETURN
Came to hand this _ ee day Of 20, _, and executed this the _ day of _ = 2
in the following manner: By delivering to the witness __ __, a true copy hereof.
Returned this _ day of. 20
PROCESS SERVER
Order No. 4814.001
Cause No. 21-DCV-286906
DOMINIC KION DAVIS IN THE DISTRICT COURT OF
vs. § FORT BEND COUNTY, TEXAS
PATRICK WAYNE ELY and
TEXAS TRANSEASTERN, INC. § 240TH JUDICIAL DISTRICT
DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS
Custodian of Records for: Michael E, DeBakey VA Medical Center
Records Pertaining to: Dominic Kion Davis
Type of Records: Any and all medical records, clinic records, reports, admission forms, patient information and
history forms, discharge summaries, diagnostic reports, diagnostic films, insurance records, other health care
providers' reports and consultations, prescription records, therapy records, lab reports, notes, nurses' notes, doctors’
notes, test results, message slips, letters of protection, correspondence, photographs and any other tangible documents
(excluding billing records) on Dominic Kion Davis, DOB: EES from March 25, 2017 to present.
Please state your full name, address, telephone number, occupation and official title.
ANSWER
I am the custodian for
(Please insert facility or practitioner name.)
Have you received a subpoena duces tecum for the production of those documents listed above?
ANSWER
Are you among those who have possession, custody, control of, or access to the documents requested
above?
ANSWER
Were the records requested above made in the regular course of business?
ANSWER
Was it in the regular course of business of the above listed facility or practitioner for a person with
knowledge of the act, event, condition, opinion, or diagnosis recorded to make the record or to transmit
information thereof to be included in such record?
ANSWER a =
State whether these records were made at the time or shortly after the time of the transactions recorded?
ANSWER _ — _ _
Were these records kept as described in the preceding questions?
ANSWER __
Order No. 4814.001
Does the source of the information, and the method and circumstance of its preparation, establish the
trustworthiness of the records?
ANSWER
10. Please release exact duplicates of the records as requested in the subpoena duces tecum or the originals
thereof for photocopying for attachment to this deposition. Have you done as requested? If not, why not?
ANSWER
ll Are there any records, documents, papers, correspondence or tangible matters of any kind pertaining to
Dominic Kion Davis that you have NOT provided to the notary public taking your deposition?
ANSWER
12 Please describe all papers, documents, records, correspondence, or tangible matters of any kind that you
have not provided to the notary public taking your deposition and explain why you have NOT provided
them.
ANSWER _ _ _
13 Are you aware that it may be necessary to subpoena you or your employer to court at the time of the trial of
this case, if you have not provided to the notary public taking your deposition all papers, documents,
records, correspondence, or tangible matters of any kind pertaining to Dominic Kion Davis?
ANSWER
WITNESS (Custodian of Records)
Before me, the undersigned authority, on this day personally appeared ,
custodian of records for the above listed, known to me to be the person whose name is subscribed to the foregoing instrument
in the capacity therein stated, who being first duly sworn, stated upon his/her oath that the answers to the foregoing questions
are true and correct. I further certify that the records attached hereto are exact duplicates of the original records.
SWORN TO AND SUBSCRIBED before me this day of - 20
NOTARY PUBLIC
Order No. 4814.001
DEPOSITION SUBPOENA TO TESTIFY OR PRODUCE DOCUMENTS OR THINGS _
THE STATE OF TEXAS
To any Sheriff or Constable of the State of Texas or other person authorized to serve subpoenas under RULE 176 OF TEXAS
RULES OF CIVIL PROCEDURE. - GREETINGS -
You are hereby commanded to subpoena and summon the following witness(es):
Custodian of Records for:
Michael E. DeBakey VA Medical Center
Release of Information 136-H
2002 Holcombe Blvd.
Houston, TX 77030 713-794-7776
to be and appear before a Notary Public of my designation for
Liberty Litigation Support LLC (281) 200-5320 or (281) 200-5310
7171 Highway 6 North, Suite 250, Houston, TX 77095
or its designated agent, by the twentieth day of receipt of the subpoena at the office of the custodian and there under oath to
make answers of certain written questions to be propounded to the witness and to bring and produce for inspection and
photocopying
Any and all films pertaining to Dominic Kion Davis, DOB 10/11/1986, from March 25, 2017 to the present,
including but not limited to, any and all x-rays, CT Scans, MRIs, arthrography, discography, fluoroscopy, dexa scans,
angiographs and barium xrays.
and any other such record in the possession, custody or control of the said witness, and every such record to which the witness
may have access, pertaining to:
Dominic Kion Davis Date of Birth: i’
at any and all times whatsoever, then and there to give evidence at the instance of the Defendant Patrick Wayne Ely and
T ‘exas TransEastern, Inc. represented by Marc B. Johnson, Attorney of Record, in that Certain Cause No. 21-DCV-286906,
pending on the docket of the District Court of the 240th Judicial District of Fort Bend County, Texas.
This Subpoena is issued under and by virtue of Rule 200 and Notice of Deposition Upon Written Questions on file with the
above named court, styled
DOMINIC KION DAVIS
vs.
PATRICK WAYNE ELY and TEXAS TRANSEASTERN, INC.
and there remain from day to day and time to time until discharged according to law.
WITNESS MY HAND, this 18thday of November, 2022.
=
la, KRISTEN CHUMLEY
otary Public, State of Texas|
Comm. Expires 06-21-2023
kis Notary ID 132060847
176.8 Enforcement of Subpoena. (a) Contempt. Failure by any person without adequate excuse to obey a subpoena served
upon that person may be deemed a contempt of the court from which the subpoena is issued or a district court in the county in
which the subpoena is served, and may be punished by fine or confinement, or both.
OFFICER'S RETURN
Came to hand this day of » 20 ;, and executed this the day of » 20 >
in the following manner: By delivering to the witness , a true copy hereof.
Returned this day of 20
PROCESS SERVER
Order No. 4814.002
No. 21-DCV-286906
DOMINIC KION DAVIS IN THE DISTRICT COURT OF
vs. § FORT BEND COUNTY, TEXAS
PATRICK WAYNE ELY and
TEXAS TRANSEASTERN, INC. § 240TH JUDICIAL DISTRICT
DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS
Custodian of Records for: Michael E. DeBakey VA Medical Center
Records Pertaining To: Dominic Kion Davis
Type of Records: Any and all films pertaining to Dominic Kion Davis, DOB HE rom March 25, 2017 to the
present, including but not limited to, any and all x-rays, CT Scans, MRIs, arthrography, discography,
fluoroscopy, dexa scans, angiographs and barium xrays.
Please state your full name.
Answer: _
Please state by whom you are employed and the business address.
Answer:
What is the title of your position or job?
Answer:
Are the radiology films, outlined in the subpoena duces tecum, pertaining to the above-named person, in your custody or
subject to your control, supervision or direction?
Answer:
Are you able to identify these radiology films as the originals or true and correct copies of the originals?
Answer:
Please hand to the Officer taking this deposition copies of the radiology films mentioned in Question No. 4. Have you
complied? If not, why?
Answer:
Are the copies which you have handed to the Officer taking this deposition true and correct copies of all such radiology films?
Answer:
Order No. 4814.002
Were such radiology films kept in the regular course of business of this facility?
Answer:
Please state whether or not it was in the regular course of business of the above mentioned facility for a person with
knowledge of the acts, events, reports, and/or radiology films, recorded to make the record or transmit information thereof to
be included in such record.
Answer:
10. Were the entries on these radiology films, made at or shortly after the time of the transaction recorded on these entries?
Answer:
WITNESS (Custodian of Records)
Before me, the undersigned authority, on this day personally appeared
known to me to be the person whose name is subscribed to the foregoing instrument in the capacity therein stated, who beingfii rst
duly sworn, stated upon his/her oath that the answers to the foregoing questions are true and correct. I further certify that the
records attached hereto are exact duplicates of the original records.
SWORN TO AND SUBSCRIBED before me this day of 20
NOTARY PUBLIC
My Commission Expires:
Order No. 4814.002
No. 21-DCV-286906
DOMINIC KION DAVIS IN THE DISTRICT COURT OF
VS. FORT BEND COUNTY, TEXAS
PATRICK WAYNE ELY and
TEXAS TRANSEASTERN, INC, § 240TH JUDICIAL DISTRICT
WAIVER OF NOTICE
Our client, Mare B, Johnson, has commissioned Liberty Litigation Support LLC to obtain records on Dominic Kion Davis from
the following custodian for use in the above referenced case.
IF COPIES ARE DESIRED, PLEASE INDICATE BELOW BY MARKING Y ORN. Original records will be held inhouse for
30 days. Copies may not be available after that time.
1 Michael E. DeBakey VA Medical Center (Medical)
2 Michael E. DeBakey VA Medical Center (Radiology)
I agree that I and/or my firm will be responsible for payment of the copies of records ordered on this waiver. I acknowledge that
invoices are due and payable within 30 days of receipt and that actions for collection of services are performable and payable in
Fort Bend County, Texas.
1 DO AGREE TO WAIVE THE NOTICE PERIOD.
1DO NOT AGREE TO WAIVE THE NOTICE PERIOD.
Dated: November 18, 2022
Signed
Omar Khawaja
SBA# 24072181
Email: omar@attorneyomar.com
David G. Ghably
State Bar No. 24109920
Email: david@attorneyomar.com
Charlie C. Gustin
State Bar No. 24078605
Email: charlie@attorneyomar.com
The Law Offices of Omar Khawaja, PLLC
4900 Fournace Place, Suite 414
Bellaire, TX 77401
281-888-2339 Fax 713-969-4837
Attorneys for Plaintiff, Dominic Kion Davis
Please Return To: Liberty Litigation Support LLC
7171 Highway 6 North, Suite 250
Houston, TX 77095
(281) 200-5320 or (281) 200-5310 Fax (713) 533-8997
Email: records@libertylitsupport.com
NOTE: RETURN OF THIS FORM IS REQUIRED WITHIN TWENTY (20) DAYS TO PROCESS YOUR REQUEST. ANY
CANCELLATION OF THE ABOVE MUST BE IN WRITING. IF THE RECORDS HAVE ALREADY BEEN COPIED AND
FEES INCURRED, THEN BILLING WILL BE PRORATED ACCORDINGLY.
Order No. 4814
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Envelope ID: 70315578
Status as of 11/18/2022 3:50 PM CST
Associated Case Party: DominicKionDavis
Name BarNumber Email TimestampSubmitted Status
David Ghably david@attorneyomar.com 11/18/2022 12:51:20 PM | SENT
Associated Case Party: Texas Transeastern, Inc.
Name BarNumber Email TimestampSubmitted Status
Wendi Ervin wervin@bairhilty.com 11/18/2022 12:51:20 PM SENT
Connie Cobb ccobb@bairhilty.com 11/18/2022 12:51:20 PM SENT
Marc B.Johnson mjohnson@bairhilty.com 11/18/2022 12:51:20 PM SENT
Becky Johnson bjohnson@bairhilty.com 11/18/2022 12:51:20 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Omar Khawaja omar@attorneyomar.com 11/18/2022 12:51:20 PM SENT
Irene Ayala irene@attorneyomar.com 11/18/2022 12:51:20 PM SENT
Mustafa A.Latif mustafa@attorneyomar.com 11/18/2022 12:51:20 PM SENT
Suzie Hiiazi suzie@attorneyomar.com 11/18/2022 12:51:20 PM SENT
Preview
Filed 11/18/2022 12:51 PM Beverley McGrew Walker District Clerk No. 21-DCV-286906 Fort Bend County, Texas Norma Sosa DOMINIC KION DAVIS IN THE DISTRICT COURT OF VS. FORT BEND COUNTY, TEXAS PATRICK WAYNE ELY and TEXAS TRANSEASTERN, INC. 240TH JUDICIAL DISTRICT NOTICE OF INTENTION TO TAKE DEPOSITION BY WRITTEN QUESTIONS To Plaintiff by and through their attorney(s) of record: Charlie Gustin, David G. Ghably and Omar Khawaja (The Law Offices of Omar Khawaja, PLLC) 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 copy hereof with attached questions, a deposition by written questions will be taken of Custodian of Records for: Michael E. DeBakey VA Medical Center (Medical) Release of Information 136-H 2002 Holcombe Blvd. Houston, TX 77030 Michael E. DeBakey VA Medical Center (Radiology) Release of Information 136-H. 2002 Holcombe Blvd. Houston, TX 77030 before a Notary Public for Liberty Litigation Support LLC 7171 Highway 6 North, Suite 250 Houston, TX 77095 (281) 200-5320 or (281) 200-5310 Fax (713) 533-8997 or 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 Rule 200, Texas Rules of Civil Procedure, to the officer taking this deposition to issue a subpoena duces tecum and cause it to be served on the witness to produce any and all records as described on the attached questions and/or Exhibit(s) and any other such record in the possession, custody or control of the said witness, and every such record to which the witness may have access, pertaining to: Dominic Kion Davis and to turn all such records over to the officer authorized to take this deposition so that photographic reproductions of the same may be made and attached to said deposition. Ls MarcB. Johnsow Marc B, Johnson By permission BairHilty, P.C. 14711 Pebble Bend Drive Houston, TX 77068 713-862-5599 Fax 713-868-9444 mjohnson@bairhilty.com Attorney for Defendant, Patrick Wayne Ely and Texas TransEastern, Inc. SBA # 90001975 I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to all Counsel of Record by hand delivery, email, FAX, and/or certified mail, return receipt requested, on this day. Dated: November 18, 2022 by, Kristew Chumley THE STATE OF TEXAS To any Sheriff or Constable of the State of Texas or other person authorized to serve subpoenas under RULE 176 OF TEXAS RULES OF CIVIL PROCEDURE. - GREETINGS - You are hereby commanded to subpoena and summon the following witness(es): Custodian of Records for: Michael E. DeBakey VA Medical Center Release of Information 136-H 2002 Holcombe Blvd. Houston, TX 77030 713-794-7776 to be and appear before a Notary Public of my designation for Liberty Litigation Support LLC (281) 200-5320 or (281) 200-5310 7171 Highway 6 North, Suite 250, Houston, TX 77095 or its designated agent, by the twentieth day of receipt of the subpoena at the office of the custodian and there under oath to make answers of certain written questions to be propounded to the witness and to bring and produce for inspection and photocopying Any and all medical records, clinic records, reports, admission forms, patient information and history forms, discharge summaries, diagnostic reports, diagnostic films, insurance records, other health care providers' reports and consultations, prescription records, therapy records, lab reports, notes, nurses' notes, doctors' notes, test results, message slips, letters of protection, correspondence, photographs and any other tangible documents (excluding billing records) on Dominic Kion Davis, DOB: 10/11/1986, from March 25, 2017 to present. and any other such record in the possession, custody or control of the said witness, and every such record to which the witness may have access, pertaining to: Dominic Kion Davis Date of Birth: Pe at any and all times whatsoever, then and there to give evidence at the instance of the Defendant Patrick Wayne Ely and Texas TransEastern, Inc. represented by Mare B. Johnson, Attorney of Record, in that Certain Cause No. 21-DCV-286906, pending on the docket of the District Court of the 240th Judicial District of Fort Bend County, Texas. This Subpoena is issued under and by virtue of Rule 200 and Notice of Deposition Upon Written Questions on file with the above named court, styled DOMINIC KION DAVIS vs. PATRICK WAYNE ELY and TEXAS TRANSEASTERN, INC, and there remain from day to day and time to time until discharged according to law. WITNESS MY HAND. this _18thdav of November. 2022 Tt, KRISTEN CHUMLEY Notary Public, State of Texas| Comm. Expires 06-21-2023 ty o Notary ID 132060847 176.8 Enforcement of Subpoena. (a) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena is issued or a district court in the county in which the subpoena is served, and may be punished by fine or confinement, or both. OFFICER'S RETURN Came to hand this _ ee day Of 20, _, and executed this the _ day of _ = 2 in the following manner: By delivering to the witness __ __, a true copy hereof. Returned this _ day of. 20 PROCESS SERVER Order No. 4814.001 Cause No. 21-DCV-286906 DOMINIC KION DAVIS IN THE DISTRICT COURT OF vs. § FORT BEND COUNTY, TEXAS PATRICK WAYNE ELY and TEXAS TRANSEASTERN, INC. § 240TH JUDICIAL DISTRICT DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS Custodian of Records for: Michael E, DeBakey VA Medical Center Records Pertaining to: Dominic Kion Davis Type of Records: Any and all medical records, clinic records, reports, admission forms, patient information and history forms, discharge summaries, diagnostic reports, diagnostic films, insurance records, other health care providers' reports and consultations, prescription records, therapy records, lab reports, notes, nurses' notes, doctors’ notes, test results, message slips, letters of protection, correspondence, photographs and any other tangible documents (excluding billing records) on Dominic Kion Davis, DOB: EES from March 25, 2017 to present. Please state your full name, address, telephone number, occupation and official title. ANSWER I am the custodian for (Please insert facility or practitioner name.) Have you received a subpoena duces tecum for the production of those documents listed above? ANSWER Are you among those who have possession, custody, control of, or access to the documents requested above? ANSWER Were the records requested above made in the regular course of business? ANSWER Was it in the regular course of business of the above listed facility or practitioner for a person with knowledge of the act, event, condition, opinion, or diagnosis recorded to make the record or to transmit information thereof to be included in such record? ANSWER a = State whether these records were made at the time or shortly after the time of the transactions recorded? ANSWER _ — _ _ Were these records kept as described in the preceding questions? ANSWER __ Order No. 4814.001 Does the source of the information, and the method and circumstance of its preparation, establish the trustworthiness of the records? ANSWER 10. Please release exact duplicates of the records as requested in the subpoena duces tecum or the originals thereof for photocopying for attachment to this deposition. Have you done as requested? If not, why not? ANSWER ll Are there any records, documents, papers, correspondence or tangible matters of any kind pertaining to Dominic Kion Davis that you have NOT provided to the notary public taking your deposition? ANSWER 12 Please describe all papers, documents, records, correspondence, or tangible matters of any kind that you have not provided to the notary public taking your deposition and explain why you have NOT provided them. ANSWER _ _ _ 13 Are you aware that it may be necessary to subpoena you or your employer to court at the time of the trial of this case, if you have not provided to the notary public taking your deposition all papers, documents, records, correspondence, or tangible matters of any kind pertaining to Dominic Kion Davis? ANSWER WITNESS (Custodian of Records) Before me, the undersigned authority, on this day personally appeared , custodian of records for the above listed, known to me to be the person whose name is subscribed to the foregoing instrument in the capacity therein stated, who being first duly sworn, stated upon his/her oath that the answers to the foregoing questions are true and correct. I further certify that the records attached hereto are exact duplicates of the original records. SWORN TO AND SUBSCRIBED before me this day of - 20 NOTARY PUBLIC Order No. 4814.001 DEPOSITION SUBPOENA TO TESTIFY OR PRODUCE DOCUMENTS OR THINGS _ THE STATE OF TEXAS To any Sheriff or Constable of the State of Texas or other person authorized to serve subpoenas under RULE 176 OF TEXAS RULES OF CIVIL PROCEDURE. - GREETINGS - You are hereby commanded to subpoena and summon the following witness(es): Custodian of Records for: Michael E. DeBakey VA Medical Center Release of Information 136-H 2002 Holcombe Blvd. Houston, TX 77030 713-794-7776 to be and appear before a Notary Public of my designation for Liberty Litigation Support LLC (281) 200-5320 or (281) 200-5310 7171 Highway 6 North, Suite 250, Houston, TX 77095 or its designated agent, by the twentieth day of receipt of the subpoena at the office of the custodian and there under oath to make answers of certain written questions to be propounded to the witness and to bring and produce for inspection and photocopying Any and all films pertaining to Dominic Kion Davis, DOB 10/11/1986, from March 25, 2017 to the present, including but not limited to, any and all x-rays, CT Scans, MRIs, arthrography, discography, fluoroscopy, dexa scans, angiographs and barium xrays. and any other such record in the possession, custody or control of the said witness, and every such record to which the witness may have access, pertaining to: Dominic Kion Davis Date of Birth: i’ at any and all times whatsoever, then and there to give evidence at the instance of the Defendant Patrick Wayne Ely and T ‘exas TransEastern, Inc. represented by Marc B. Johnson, Attorney of Record, in that Certain Cause No. 21-DCV-286906, pending on the docket of the District Court of the 240th Judicial District of Fort Bend County, Texas. This Subpoena is issued under and by virtue of Rule 200 and Notice of Deposition Upon Written Questions on file with the above named court, styled DOMINIC KION DAVIS vs. PATRICK WAYNE ELY and TEXAS TRANSEASTERN, INC. and there remain from day to day and time to time until discharged according to law. WITNESS MY HAND, this 18thday of November, 2022. = la, KRISTEN CHUMLEY otary Public, State of Texas| Comm. Expires 06-21-2023 kis Notary ID 132060847 176.8 Enforcement of Subpoena. (a) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena is issued or a district court in the county in which the subpoena is served, and may be punished by fine or confinement, or both. OFFICER'S RETURN Came to hand this day of » 20 ;, and executed this the day of » 20 > in the following manner: By delivering to the witness , a true copy hereof. Returned this day of 20 PROCESS SERVER Order No. 4814.002 No. 21-DCV-286906 DOMINIC KION DAVIS IN THE DISTRICT COURT OF vs. § FORT BEND COUNTY, TEXAS PATRICK WAYNE ELY and TEXAS TRANSEASTERN, INC. § 240TH JUDICIAL DISTRICT DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS Custodian of Records for: Michael E. DeBakey VA Medical Center Records Pertaining To: Dominic Kion Davis Type of Records: Any and all films pertaining to Dominic Kion Davis, DOB HE rom March 25, 2017 to the present, including but not limited to, any and all x-rays, CT Scans, MRIs, arthrography, discography, fluoroscopy, dexa scans, angiographs and barium xrays. Please state your full name. Answer: _ Please state by whom you are employed and the business address. Answer: What is the title of your position or job? Answer: Are the radiology films, outlined in the subpoena duces tecum, pertaining to the above-named person, in your custody or subject to your control, supervision or direction? Answer: Are you able to identify these radiology films as the originals or true and correct copies of the originals? Answer: Please hand to the Officer taking this deposition copies of the radiology films mentioned in Question No. 4. Have you complied? If not, why? Answer: Are the copies which you have handed to the Officer taking this deposition true and correct copies of all such radiology films? Answer: Order No. 4814.002 Were such radiology films kept in the regular course of business of this facility? Answer: Please state whether or not it was in the regular course of business of the above mentioned facility for a person with knowledge of the acts, events, reports, and/or radiology films, recorded to make the record or transmit information thereof to be included in such record. Answer: 10. Were the entries on these radiology films, made at or shortly after the time of the transaction recorded on these entries? Answer: WITNESS (Custodian of Records) Before me, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument in the capacity therein stated, who beingfii rst duly sworn, stated upon his/her oath that the answers to the foregoing questions are true and correct. I further certify that the records attached hereto are exact duplicates of the original records. SWORN TO AND SUBSCRIBED before me this day of 20 NOTARY PUBLIC My Commission Expires: Order No. 4814.002 No. 21-DCV-286906 DOMINIC KION DAVIS IN THE DISTRICT COURT OF VS. FORT BEND COUNTY, TEXAS PATRICK WAYNE ELY and TEXAS TRANSEASTERN, INC, § 240TH JUDICIAL DISTRICT WAIVER OF NOTICE Our client, Mare B, Johnson, has commissioned Liberty Litigation Support LLC to obtain records on Dominic Kion Davis from the following custodian for use in the above referenced case. IF COPIES ARE DESIRED, PLEASE INDICATE BELOW BY MARKING Y ORN. Original records will be held inhouse for 30 days. Copies may not be available after that time. 1 Michael E. DeBakey VA Medical Center (Medical) 2 Michael E. DeBakey VA Medical Center (Radiology) I agree that I and/or my firm will be responsible for payment of the copies of records ordered on this waiver. I acknowledge that invoices are due and payable within 30 days of receipt and that actions for collection of services are performable and payable in Fort Bend County, Texas. 1 DO AGREE TO WAIVE THE NOTICE PERIOD. 1DO NOT AGREE TO WAIVE THE NOTICE PERIOD. Dated: November 18, 2022 Signed Omar Khawaja SBA# 24072181 Email: omar@attorneyomar.com David G. Ghably State Bar No. 24109920 Email: david@attorneyomar.com Charlie C. Gustin State Bar No. 24078605 Email: charlie@attorneyomar.com The Law Offices of Omar Khawaja, PLLC 4900 Fournace Place, Suite 414 Bellaire, TX 77401 281-888-2339 Fax 713-969-4837 Attorneys for Plaintiff, Dominic Kion Davis Please Return To: Liberty Litigation Support LLC 7171 Highway 6 North, Suite 250 Houston, TX 77095 (281) 200-5320 or (281) 200-5310 Fax (713) 533-8997 Email: records@libertylitsupport.com NOTE: RETURN OF THIS FORM IS REQUIRED WITHIN TWENTY (20) DAYS TO PROCESS YOUR REQUEST. ANY CANCELLATION OF THE ABOVE MUST BE IN WRITING. IF THE RECORDS HAVE ALREADY BEEN COPIED AND FEES INCURRED, THEN BILLING WILL BE PRORATED ACCORDINGLY. Order No. 4814 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Envelope ID: 70315578 Status as of 11/18/2022 3:50 PM CST Associated Case Party: DominicKionDavis Name BarNumber Email TimestampSubmitted Status David Ghably david@attorneyomar.com 11/18/2022 12:51:20 PM | SENT Associated Case Party: Texas Transeastern, Inc. Name BarNumber Email TimestampSubmitted Status Wendi Ervin wervin@bairhilty.com 11/18/2022 12:51:20 PM SENT Connie Cobb ccobb@bairhilty.com 11/18/2022 12:51:20 PM SENT Marc B.Johnson mjohnson@bairhilty.com 11/18/2022 12:51:20 PM SENT Becky Johnson bjohnson@bairhilty.com 11/18/2022 12:51:20 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Omar Khawaja omar@attorneyomar.com 11/18/2022 12:51:20 PM SENT Irene Ayala irene@attorneyomar.com 11/18/2022 12:51:20 PM SENT Mustafa A.Latif mustafa@attorneyomar.com 11/18/2022 12:51:20 PM SENT Suzie Hiiazi suzie@attorneyomar.com 11/18/2022 12:51:20 PM SENT