Preview
Electronically Submitted
11/25/2020 8:28 AM
Hidalgo County Clerk
Cause No. CL-19-4601-A Accepted by: Ester Espinoza
Ricardo Aguilera In The County Court
vs. At Law No. 1
Ottmar Cano Hidalgo County, Texas
NOTICE OF INTENTION TO TAKE DEPOSITION BY WRITTEN QUESTIONS
To Plaintiff(s) by and through their attorney(s) of record: Ezequiel Reyna, Jr. (Law Offices of Ezequiel
Reyna, Jr., P.C.) and Graciela Orellana (Law Offices of Ezequiel Reyna, Jr., P.C.). To other party/parties
by and through their attorney(s) of record:
YOU WILL TAKE NOTICE THAT twenty (20) days after service of a copy hereof with attached
questions. a deposition by written questions will be taken of Custodian of Records at the address listed
below:
4 - Rio Grande Valley Orthopedic Center (Medical)
1005 East Nolana Loop, McAllen, TX 78504
Before a Notary Public for:
U.S. Legal Support Inc.
16825 Northchase Dr., Suite 800
Houston, TX 77060
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 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 bring and produce for
inspection and photocopying a true and correct copy of records described in the attached Written
Questions 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.
Janelle Caso
SBA # 24095929
caso chavezlegalgroup.com
Chavez Legal Group - Fred Loya Insurance
Staff Counsel
11900 North 26th Street
Suite 200
Edinburg, TX 78539
Phone: 956-289-2199; Fax: 956-393-2699
Attorney for Defendants)
anelle Caso
Order No 146310 (Malinda Manning)
Electronically Submitted
11/25/2020 8:28 AM
Hidalgo County Clerk
Accepted by: Ester Espinoza
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Notice of Intention to Take Deposition upon
Written Questions was served to the respective parties and/or attorneys of record by certified mail
with return receipt requested; hand delivery; fax; \ electronic serve; or UPS.
Dated:
By permission:
Janelle Caso
Should you desire copies of
the so obtained, contact our firm.
713-653-7100
Order No. 146310 (Malinda Manning)
Electronically Submitted
11/25/2020 8:28 AM
Hidalgo County Clerk
Cause No. CL-19-4601-A Accepted by: Ester Espinoza
Ricardo Aguilera In The County Court
vs. At Law No. 1
Ottmar Cano Hidalgo County, Texas
ATTORNEYS OF RECORD:
Ezequiel Reyna, Jr.
Law Offices of Ezequiel Reyna. Jr., P.C.
702 West Expressway 83
Suite 100
Weslaco, TX 78596
Phone: 956-968-9556 Fax: 956-969-0492
Attorney for Plaintiff(s): Ricardo Aguilera
Janelle Caso
Chavez Legal Group - Fred Loya Insurance Staff Counsel
11900 North 26th Street
Suite 200
Edinburg, TX 78539
Phone: 956--289-2199 Fax: 956--393-2699
Attorney for Defendant(s): Ottmar Cano
Order No. 146310 (N1alinda Manning)
Electronically Submitted
11/25/2020 8:28 AM
Hidalgo County Clerk
Accepted by: Ester Espinoza
Cause No. CL-19-4601-A
Ricardo Aguilera In The County Court
vs. At Law No. 1
Ottmar Cano Hidalgo County, Texas
DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS
Custodian of Records for: Rio Grande Valley Orthopedic Center
Records Pertaining to: Ricardo Aguilera
Type of Records: any and all medical records, including but not limited to, emergency room records, records,
doctors notes, nurses notes, lab results, admission and discharge summaries, inpatient
and/or outpatient records, business records, clinic notes, reports, operative reports,
radiology reports, pathology reports, x-ray reports, MRI reports, CT Scan reports,
ultrasound reports, memoranda, correspondence, consultations, rehabilitation records, peer
review records, physical therapy records, occupational therapy records, speech therapy
records, pharmacy/prescription records, medication administration record, psychological
and/or psychotherapeutic records, psychiatric records, insurance records and/or claims,
workers' compensation records and/or claims, work releases, off work excuses and/or
return to work releases, any letters to and from attorneys, photographs, and any other
documents which may be contained in patient file from other care providers, including
patient information sheets, demographic sheet, patient history form, pain inventory,
patient's consent for treatment, face sheets, questionnaires, medical history sheets,
handwritten notes, telephone messages, and any correspondence pertaining to the
examination and/or treatment of Ricardo Aguilera; DOB: 08/30/1959; SSN: ; provide in
electronic / digital format, if available
1. Please state your full name, address, telephone number, occupation and official title.
ANSWER
2. I am the custodian for
(Please insert facility or practitioner name.)
3. Have you received a subpoena duces tecum for the production of those documents listed above?
ANSWER
4. Are you among those who have possession, custody, control of, or access to the documents requested
above?
ANSWER
5. Were the records requested above made in the regular course of business?
ANSWER
Order No.: 146310.004 (Malinda Manning)
Electronically Submitted
11/25/2020 8:28 AM
Hidalgo County Clerk
Accepted by: Ester Espinoza
6. 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
7. State whether these records were made at the time or shortly after the time of the transactions recorded?
ANSWER
8. Were these records kept as described in the preceding questions?
ANSWER
9. 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
11. Are there any records. documents, papers, correspondence or tangible matters of any kind pertaining to
Ricardo Aguilera 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 Ricardo Aguilera?
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.
Order No • 146310.004 (N1alinda Manning)
Electronically Submitted
11/25/2020 8:28 AM
Hidalgo County Clerk
Accepted by: Ester Espinoza
SWORN TO AND SUBSCRIBED before
before me this
this day
day of
of , 20
,
20
NOTARY PUBLIC
Order No
Order 146310.004 (Malinda
No.: 146310.004 (Malinda Manning)
Manning)
Electronically Submitted
11/25/2020 8:28 AM
Hidalgo County Clerk
Accepted by: Ester Espinoza
Cause No: CL-19-4601-A
Ricardo Aguilera In The County Court
vs. At Law No. 1
Ottmar Cana Hidalgo County, Texas
WAIVER OF NOTICE
THE PARTIES TO THE ABOVE AGREE TO WAIVE THE TWENTY (20) DAY NOTICE PERIOD FOR THE
ISSUANCE OF A SUBPOENA TO TAKE THE DEPOSITION BY WRITTEN QUESTION OF THE CUSTODIAN
OF RECORDS FOR THE FOLLOWING:
14 Rio Grande Valley Orthopedic Center (Medical)
A SUBPOENA AS AUTHORIZED UNDER RULES 176 AND 200, TEXAS RULES OF CIVIL PROCEDURE,
WILL BE ISSUED FORTHWITH TO DIRECT THE ABOVE NAMED CUSTODIAN OF RECORDS TO MAKE
ALL RECORDS PERTAINING TO:
Ricardo Aguilera
AVAILABLE FOR PHOTOGRAPHIC REPRODUCTION, AND TO ANSWER THE DIRECT AND CROSS
WRITTEN QUESTIONS. IF ANY. SAID DEPOSITION, WHEN SO TAKEN, MAY BE RETURNED INTO COURT
TO BE USED IN EVIDENCE UPON THE TRIAL OF THE ABOVE-NUMBERED CAUSE.
Ezequiel Reyna, Jr.
Law Offices of Ezequiel Reyna, Jr., P.C.
Weslaco, TX
ATTORNEY FOR Plaintiff
**CHECK MARK OR CIRCLE
YES [ I WAIVE THE NOTICE PERIOD. NO [ 1 DO NOT WAIVE THE NOTICE PERIOD.
YES[ NO [ Please send A COPY of the records indicated above.
YES[ NO [ I Please send X-RAY FILMS and legal papers indicated above.
YES [ I NO [ J Please send NEGATIVE DEPOSITION (legal papers)
** PLEASE NOTE: All copies of records will be sent and viewable by our via portal. Login information will be sent for you to
review the documents. This excludes Radiology CD's; those will be sent by mail **
Please contact {Case.Processor} if you have any questions. Order Number: {Case.Order No}
YES [ I NO I I PLEASE DIRECT BILL THE COMPANY INDICATED BELOW
Insurance Co. Bill to: Adjuster:
Address: Adj Phone:
City Claim#:
State, Zip DOL:
Return to: U.S. Legal Support Inc. Phone: 713-653-7100 FAX: 281-673-6292 or txrecords@uslegalsupport.com
Dated:
Signed
Printed Name
Preview
Electronically Submitted 11/25/2020 8:28 AM Hidalgo County Clerk Cause No. CL-19-4601-A Accepted by: Ester Espinoza Ricardo Aguilera In The County Court vs. At Law No. 1 Ottmar Cano Hidalgo County, Texas NOTICE OF INTENTION TO TAKE DEPOSITION BY WRITTEN QUESTIONS To Plaintiff(s) by and through their attorney(s) of record: Ezequiel Reyna, Jr. (Law Offices of Ezequiel Reyna, Jr., P.C.) and Graciela Orellana (Law Offices of Ezequiel Reyna, Jr., P.C.). To other party/parties by and through their attorney(s) of record: YOU WILL TAKE NOTICE THAT twenty (20) days after service of a copy hereof with attached questions. a deposition by written questions will be taken of Custodian of Records at the address listed below: 4 - Rio Grande Valley Orthopedic Center (Medical) 1005 East Nolana Loop, McAllen, TX 78504 Before a Notary Public for: U.S. Legal Support Inc. 16825 Northchase Dr., Suite 800 Houston, TX 77060 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 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 bring and produce for inspection and photocopying a true and correct copy of records described in the attached Written Questions 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. Janelle Caso SBA # 24095929 caso chavezlegalgroup.com Chavez Legal Group - Fred Loya Insurance Staff Counsel 11900 North 26th Street Suite 200 Edinburg, TX 78539 Phone: 956-289-2199; Fax: 956-393-2699 Attorney for Defendants) anelle Caso Order No 146310 (Malinda Manning) Electronically Submitted 11/25/2020 8:28 AM Hidalgo County Clerk Accepted by: Ester Espinoza CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Notice of Intention to Take Deposition upon Written Questions was served to the respective parties and/or attorneys of record by certified mail with return receipt requested; hand delivery; fax; \ electronic serve; or UPS. Dated: By permission: Janelle Caso Should you desire copies of the so obtained, contact our firm. 713-653-7100 Order No. 146310 (Malinda Manning) Electronically Submitted 11/25/2020 8:28 AM Hidalgo County Clerk Cause No. CL-19-4601-A Accepted by: Ester Espinoza Ricardo Aguilera In The County Court vs. At Law No. 1 Ottmar Cano Hidalgo County, Texas ATTORNEYS OF RECORD: Ezequiel Reyna, Jr. Law Offices of Ezequiel Reyna. Jr., P.C. 702 West Expressway 83 Suite 100 Weslaco, TX 78596 Phone: 956-968-9556 Fax: 956-969-0492 Attorney for Plaintiff(s): Ricardo Aguilera Janelle Caso Chavez Legal Group - Fred Loya Insurance Staff Counsel 11900 North 26th Street Suite 200 Edinburg, TX 78539 Phone: 956--289-2199 Fax: 956--393-2699 Attorney for Defendant(s): Ottmar Cano Order No. 146310 (N1alinda Manning) Electronically Submitted 11/25/2020 8:28 AM Hidalgo County Clerk Accepted by: Ester Espinoza Cause No. CL-19-4601-A Ricardo Aguilera In The County Court vs. At Law No. 1 Ottmar Cano Hidalgo County, Texas DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS Custodian of Records for: Rio Grande Valley Orthopedic Center Records Pertaining to: Ricardo Aguilera Type of Records: any and all medical records, including but not limited to, emergency room records, records, doctors notes, nurses notes, lab results, admission and discharge summaries, inpatient and/or outpatient records, business records, clinic notes, reports, operative reports, radiology reports, pathology reports, x-ray reports, MRI reports, CT Scan reports, ultrasound reports, memoranda, correspondence, consultations, rehabilitation records, peer review records, physical therapy records, occupational therapy records, speech therapy records, pharmacy/prescription records, medication administration record, psychological and/or psychotherapeutic records, psychiatric records, insurance records and/or claims, workers' compensation records and/or claims, work releases, off work excuses and/or return to work releases, any letters to and from attorneys, photographs, and any other documents which may be contained in patient file from other care providers, including patient information sheets, demographic sheet, patient history form, pain inventory, patient's consent for treatment, face sheets, questionnaires, medical history sheets, handwritten notes, telephone messages, and any correspondence pertaining to the examination and/or treatment of Ricardo Aguilera; DOB: 08/30/1959; SSN: ; provide in electronic / digital format, if available 1. Please state your full name, address, telephone number, occupation and official title. ANSWER 2. I am the custodian for (Please insert facility or practitioner name.) 3. Have you received a subpoena duces tecum for the production of those documents listed above? ANSWER 4. Are you among those who have possession, custody, control of, or access to the documents requested above? ANSWER 5. Were the records requested above made in the regular course of business? ANSWER Order No.: 146310.004 (Malinda Manning) Electronically Submitted 11/25/2020 8:28 AM Hidalgo County Clerk Accepted by: Ester Espinoza 6. 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 7. State whether these records were made at the time or shortly after the time of the transactions recorded? ANSWER 8. Were these records kept as described in the preceding questions? ANSWER 9. 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 11. Are there any records. documents, papers, correspondence or tangible matters of any kind pertaining to Ricardo Aguilera 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 Ricardo Aguilera? 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. Order No • 146310.004 (N1alinda Manning) Electronically Submitted 11/25/2020 8:28 AM Hidalgo County Clerk Accepted by: Ester Espinoza SWORN TO AND SUBSCRIBED before before me this this day day of of , 20 , 20 NOTARY PUBLIC Order No Order 146310.004 (Malinda No.: 146310.004 (Malinda Manning) Manning) Electronically Submitted 11/25/2020 8:28 AM Hidalgo County Clerk Accepted by: Ester Espinoza Cause No: CL-19-4601-A Ricardo Aguilera In The County Court vs. At Law No. 1 Ottmar Cana Hidalgo County, Texas WAIVER OF NOTICE THE PARTIES TO THE ABOVE AGREE TO WAIVE THE TWENTY (20) DAY NOTICE PERIOD FOR THE ISSUANCE OF A SUBPOENA TO TAKE THE DEPOSITION BY WRITTEN QUESTION OF THE CUSTODIAN OF RECORDS FOR THE FOLLOWING: 14 Rio Grande Valley Orthopedic Center (Medical) A SUBPOENA AS AUTHORIZED UNDER RULES 176 AND 200, TEXAS RULES OF CIVIL PROCEDURE, WILL BE ISSUED FORTHWITH TO DIRECT THE ABOVE NAMED CUSTODIAN OF RECORDS TO MAKE ALL RECORDS PERTAINING TO: Ricardo Aguilera AVAILABLE FOR PHOTOGRAPHIC REPRODUCTION, AND TO ANSWER THE DIRECT AND CROSS WRITTEN QUESTIONS. IF ANY. SAID DEPOSITION, WHEN SO TAKEN, MAY BE RETURNED INTO COURT TO BE USED IN EVIDENCE UPON THE TRIAL OF THE ABOVE-NUMBERED CAUSE. Ezequiel Reyna, Jr. Law Offices of Ezequiel Reyna, Jr., P.C. Weslaco, TX ATTORNEY FOR Plaintiff **CHECK MARK OR CIRCLE YES [ I WAIVE THE NOTICE PERIOD. NO [ 1 DO NOT WAIVE THE NOTICE PERIOD. YES[ NO [ Please send A COPY of the records indicated above. YES[ NO [ I Please send X-RAY FILMS and legal papers indicated above. YES [ I NO [ J Please send NEGATIVE DEPOSITION (legal papers) ** PLEASE NOTE: All copies of records will be sent and viewable by our via portal. Login information will be sent for you to review the documents. This excludes Radiology CD's; those will be sent by mail ** Please contact {Case.Processor} if you have any questions. Order Number: {Case.Order No} YES [ I NO I I PLEASE DIRECT BILL THE COMPANY INDICATED BELOW Insurance Co. Bill to: Adjuster: Address: Adj Phone: City Claim#: State, Zip DOL: Return to: U.S. Legal Support Inc. Phone: 713-653-7100 FAX: 281-673-6292 or txrecords@uslegalsupport.com Dated: Signed Printed Name