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FILED
10/10/2022 12:54 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
No. DC_21_18263 Scott Anders DEPUTY
ROBYN LANGLEY z IN THE 193RD JUDICIAL
VS. g
DISTRICT COURT OF
NEWCRESTIMAGE MANAGEMENT, LLC D/B/A
AC HOTEL DOWNTOWN DALLAS : DALLAS COUNTY, TEXAS
NOTICE OF INTENTION
TO TAKE DEPOSITION BY WRITTEN QUESTIONS
To the parties by and through their attorney(s) of record: Julie Wolf (WOLF LAW, PLLC) and the non-party witness(es)
listed below:
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:
BEHAVIORAL HELP SOLUTIONS, LLC (MEDICAL/MENTAL HEALTH)
433 Plaza Real, Suite 275
Boca Raton, FL 33432
before a Notary Public for THE LEGAL CONNECTION, INC.
8656 W Hwy 71, Bldg F, Suite 200
Austin, TX 78735
512.892.5700 Fax 512.892.5703
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 and 205, Texas Rules of Civil Procedure, to the oflicer 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:
ROBYN LANGLEY; Date of Birth: 02/23/1994
and to tin-n all such records over to the officer authorized to take this deposition so that photographic of the
reproductions
same may be made and attached to said deposition.
BY: /_s/ Christine Y. Dunerroir
Christine Y. Duperroir
SBN: 22162600
BURT BARR & ASSOCIATES, L.L.P.
203 E. Colorado Blvd.
P.O. Box 223667
Dallas, TX 75203
Phone 214.943.0012 Fax 214.943.0048
cduperroir@bbarr.com
Attorney(s) for Defendant(s) NEWCRESTIMAGE
MANAGEMENT, LLC D/B/A AC HOTEL DOWNTOWN
DALLAS
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to all Counsel of Record hand
by
delivery, FAX, e-mail, e-service, and/or certified mail, return receipt requested, on this day.
q
Dated: 10 / /2022 by /s/ Christjne Y. Duperroir
Christine Y. Duperroir
Order No. 49346
DEP ION SUB T0 TE TIFY OR PRODUCE O U TS O HI
THE STATE OF TEXAS; DALLAS COUNTY
To Custodian of Records for:
BEHAVIORAL HELP SOLUTIONS, LLC
FL 33432
433 Plaza Real, Suite 275, Boca Raton,
Pursuant to RULE 176 OF TEXAS RULES OF CIVIL PROCEDURE you are hereby commanded to
appear before a Notary Public of THE LEGAL
CONNECTION, INC., 8656 W Hwy 71, Bldg F, Suite 200, Austin, Texas 78735; (p) 512.892.5700; (f) 512.892.5703 or its
designated agent, for
the Deposition Upon Written Questions to be held at 9:00 o'clock a.m. at the offices of the
CUSTODIAN OF RECORDS, or any other agreed upon
place on Elli/2022 until lawfully discharged, pursuant to Rules 200 and 205 TRCP. The Witness is to remain
day-to—day, time-to-time until
discharged according to law. The Custodian is to produce for inspection and photocopying the
original(s), or true and correct copies thereof, of the
following:
Any and all MENTAL HEALTH, COUNSELING, PSYCHOLOGY and MEDICAL RECORDS, FROM MARCH 2017 TO THE
1,
PRESENT, PERTAINING T0: ROBYN LANGLEY, (DOB: 2/23/1994) (INCLUDING BUT NOT LIMITED T0 THE RECORDS 0F EVAN
JARSCHAURER) including, but not limited to: insurance records, reports, office notes, progress notes, nurses notes, prescriptions, intake
forms, patient questionnaires, inpatient, outpatient and emergency room treatment, all clinical
charts, reports, notes, tests, test results,
diagnoses, prognoses, office records, therapy records, order sheets, progress notes, nurse's notes, clinic
records, treatment plans, admission
records, discharge summaries, requests for and report of consultations, documents, prescriptions or medication
records, notes regarding
prescriptions or medications, any type of correspondence, test results, statements, questionnaires/histories, office and doctor's handwritten
notes, records received by other physicians, or any other medical records in the custody or control of said
custodian, whether in electronic or
written form.
All requested documents or information in the possession, custody, or control of said
witness, and every such record in which the witness may have
access is to be turned over to the Officer authorized on behalf of NEWCRESTIMAGE
MANAGEMENT, LLC DID/A AC HOTEL
DOWNTOWN DALLAS, Defendant(s), represented by Christine Y. Duperroir,
Attorney(s) of Record, in that Certain Cause No. DC-21-18263,
pending on the docket in a case pending IN THE 193RD JUDICIAL DISTRICT COURT 0F DALLAS COUNTY, TEXAS in a case
styled:
ROBYN LANGLEY vs. NEWCRESTIMAGE MANAGEMENT, LLC D/B/A AC HOTEL DOWNTOWN DALLAS. This
Subpoena is being
issued at the request of Defe ndant(s), NEWCRESTIMAGE
MANAGEMENT, LLC D/B/A AC HOTEL DOWNTOWN DALLAS.
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
fi-om which the subpoena is issued or a district court in the county in which the
subpoena is sewed, and may be punished by fine or confinement, or both,
Proof ofpayment offees required fiar flue attachment. A fine may not be imposed, nor a person served with a subpoena attached, for failure to
or
comply with a subpoena without
proof of affidavit of the party requesting the subpoena or the party's attorney of record that all fees due the witness
by law were paid or tendered.
HIPAA Compliance.- AIl parties subject to notification in this cause of action have been
given sufficient due notice of said Subpoena and request for information. The parties have been
provided an opportunity to object to the Subpoena. If any such objections are tiled, you will be notified
immediately. If you are not notified of any such objections by
LQ/fl/Zflzz
you should consider no such objections have been received. A copy of the Notice provided to all parties is enclosed.
WITNESS MY HAND, this the_7__day ofoaober, 2022.
I
you, WWWG‘bLDSTEINW:
{41h50 ID #10742431
VA"°
’
My Commission Expires
November 25, 2024
mmwmflmflvmmwvwv NOTARY PUBLI
OFFICER'S RETURN
CAME TO HAND, and executed this 7
day of October, 2022, by delivering same to BEHAVIORAL HELP
SOLUTIONS, LLC or an authorized person for service for BEHAVIORAL HELP SOLUTIONS, LLC, and by
tendering all
lawful fees as required.
"We,
(Aid/Mr @WWT‘»
PROCESS SER
“it
Order No. 49346.004
V
No. Deal—18263
ROBYN LANGLEY : IN THE 193RD JUDICIAL
VS. '
DISTRICT COURT OF
NEWCRESTIMAGE MANAGEMENT, LLC D/B/A
AC HOTEL DOWNTOWN DALLAS : DALLAS COUNTY, TEXAS
DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS
Custodian of Records for: BEHAVIORAL HELP
SOLUTIONS, LLC
Records Pertaining To: ROBYN LANGLEY
Type of Records: Any and all MENTAL HEALTH, COUNSELING, PSYCHOLOGY and MEDICAL
FROM MARCH 1, 2017 TO THE PRESENT, PERTAINING TO: ROBYN RECORDS,
LANGLEY, (DOB:
2/23/1994) (INCLUDING BUT NOT LIMITED TO THE RECORDS OF EVAN
JARSCHAURER) including, but not limited to: insurance records, reports, office notes, progress
notes, nurses notes, prescriptions, intake forms, patient questionnaires, inpatient,
outpatient and
emergency room treatment, all clinical charts, reports, notes, tests, test results, diagnoses,
prognoses, office records, therapy records, order sheets, progress notes, nurse's notes, clinic
records, treatment plans, admission records, discharge summaries, requests for and
report of
consultations, documents, prescriptions or medication records, notes regarding
prescriptions or
medications, any type of correspondence, test results, statements,
questionnaires/histories, office
and doctor's handwritten notes, records received by other
physicians, or any other medical
records in the custody or control of said custodian, whether in electronic or written
form.
-1. What is your full name, official title, address, and telephone number?
Answer:
2. Did you receive a DEPOSITION SUBPOENATO TESTIFY OR PRODUCE DOCUMENTS
OR THJNGS for the
production of MEDICAL/MENTAL HEALTH RECORDS and other tangible documents
pertaining to ROBYN
LANGLEY? (Note: Please look at all the documents received in the package sent.)
Answer:
3. Has BEHAVIORAL HELP SOLUTIONS, LLC made or caused to be made
any memorandum, reports, records,
notes, photographs, or data compilations, in any form, regarding ROBYN LANGLEY?
Answer:
4. Were the entries made on these memorandum, reports, records,
notes, photographs, or data compulations made at the
time or shortly after the time of the transaction recorded
by these entries? (Note: ”Entries” as used here is defined as
notes, documents, written items or anything printed or inputted into standard
system ofyour business, regardless of
who entered or created the entry.)
Answer:
5. Were these memoranda, reports, records, notes, photographs, or data
compilations under your care, supervision,
direction, custody, and/or control?
Answer:
Order N0. 49346.004
Int-State—Direct-Adm-Medical (limited scope)
6. Was it in the regular course of business of BEHAVIORAL HELP
SOLUTIONS, LLC for an employee,
representative, or person with knowledge of the acts or events recorded to make or create the record or transmit
information thereof to be included in such record?
Answer:
7. Do you understand the subpoena requests all the records and documents
pertaining to ROBYN LANGLEY, and is
limited in scope or time or as to the type of record or document?
Answer:
8. Are the records being produced kept in the regular course of business?
(Meaning: Are the records created by your stafl
as part of their daily duties?)
Answer:
9. Are the records provided the original records or exact duplicates of the
original records?
Answer:
10. Has ROBYN LANGLEY been treated, examined by, or received services from BEHAVIORAL HELP
SOLUTIONS, LLC?
Answer:
11. Have you provided all the records and documents
requested, including those that may be on microfilm, in any other
departments, kept by other employees, or in any other storage medium?
Answer:
12. If you answered "no" to Question Number 11, what records and documents did you not
include, and why did you not
produce those records?
Answer:
13. Who has the records you did not produce and listed in Question Number 12
(list name, business name, and telephone
if available)?
number,
Answer:
14. Are the records attached clear, legible, and the best possible If any copies of the attached records are
copies available?
of poor quality, please explain why.
Answer:
15. Was a Medical Narrative Report created at the
request of the patient or patient's attorney? Wote: ’Medz‘cal Narrative
Report" is defined as any report which sets forth in story form the doctor’s assessment of the patient’s
history,
diagnosis, and treatment.)
Answer:
Order No. 49 346.004 Int—State-Direct-Adm-Medical (limited scope)
l6. If you answered "yes" to Question Number 15, the following must be answered:
a. What was the date of the Medical Narrative Report written?
Answer:
b. Who requested a copy of the Medical Narrative Report? Please include a
copy of all written requests. if not
requested in writing, who requested? (include name, firm name, and telephone number, if
available.)
Answer:
17. In the event no records can be
found, or a portion of the records cannot be found, are there document archives (i.e.,
microfiche), document retention or destruction policies which explain their absence? Wale: if all records have been
"
provided, ”N/A is acceptable.)
Answer:
18. What is the retention policy for BEHAVIORAL HELP SOLUTIONS, LLC?
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
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
My Commission Expires:
Order No. 49346.004 Int-State-Direct-Adm-Medical (limited scope)
Preview
FILED 10/10/2022 12:54 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS No. DC_21_18263 Scott Anders DEPUTY ROBYN LANGLEY z IN THE 193RD JUDICIAL VS. g DISTRICT COURT OF NEWCRESTIMAGE MANAGEMENT, LLC D/B/A AC HOTEL DOWNTOWN DALLAS : DALLAS COUNTY, TEXAS NOTICE OF INTENTION TO TAKE DEPOSITION BY WRITTEN QUESTIONS To the parties by and through their attorney(s) of record: Julie Wolf (WOLF LAW, PLLC) and the non-party witness(es) listed below: 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: BEHAVIORAL HELP SOLUTIONS, LLC (MEDICAL/MENTAL HEALTH) 433 Plaza Real, Suite 275 Boca Raton, FL 33432 before a Notary Public for THE LEGAL CONNECTION, INC. 8656 W Hwy 71, Bldg F, Suite 200 Austin, TX 78735 512.892.5700 Fax 512.892.5703 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 and 205, Texas Rules of Civil Procedure, to the oflicer 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: ROBYN LANGLEY; Date of Birth: 02/23/1994 and to tin-n all such records over to the officer authorized to take this deposition so that photographic of the reproductions same may be made and attached to said deposition. BY: /_s/ Christine Y. Dunerroir Christine Y. Duperroir SBN: 22162600 BURT BARR & ASSOCIATES, L.L.P. 203 E. Colorado Blvd. P.O. Box 223667 Dallas, TX 75203 Phone 214.943.0012 Fax 214.943.0048 cduperroir@bbarr.com Attorney(s) for Defendant(s) NEWCRESTIMAGE MANAGEMENT, LLC D/B/A AC HOTEL DOWNTOWN DALLAS CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to all Counsel of Record hand by delivery, FAX, e-mail, e-service, and/or certified mail, return receipt requested, on this day. q Dated: 10 / /2022 by /s/ Christjne Y. Duperroir Christine Y. Duperroir Order No. 49346 DEP ION SUB T0 TE TIFY OR PRODUCE O U TS O HI THE STATE OF TEXAS; DALLAS COUNTY To Custodian of Records for: BEHAVIORAL HELP SOLUTIONS, LLC FL 33432 433 Plaza Real, Suite 275, Boca Raton, Pursuant to RULE 176 OF TEXAS RULES OF CIVIL PROCEDURE you are hereby commanded to appear before a Notary Public of THE LEGAL CONNECTION, INC., 8656 W Hwy 71, Bldg F, Suite 200, Austin, Texas 78735; (p) 512.892.5700; (f) 512.892.5703 or its designated agent, for the Deposition Upon Written Questions to be held at 9:00 o'clock a.m. at the offices of the CUSTODIAN OF RECORDS, or any other agreed upon place on Elli/2022 until lawfully discharged, pursuant to Rules 200 and 205 TRCP. The Witness is to remain day-to—day, time-to-time until discharged according to law. The Custodian is to produce for inspection and photocopying the original(s), or true and correct copies thereof, of the following: Any and all MENTAL HEALTH, COUNSELING, PSYCHOLOGY and MEDICAL RECORDS, FROM MARCH 2017 TO THE 1, PRESENT, PERTAINING T0: ROBYN LANGLEY, (DOB: 2/23/1994) (INCLUDING BUT NOT LIMITED T0 THE RECORDS 0F EVAN JARSCHAURER) including, but not limited to: insurance records, reports, office notes, progress notes, nurses notes, prescriptions, intake forms, patient questionnaires, inpatient, outpatient and emergency room treatment, all clinical charts, reports, notes, tests, test results, diagnoses, prognoses, office records, therapy records, order sheets, progress notes, nurse's notes, clinic records, treatment plans, admission records, discharge summaries, requests for and report of consultations, documents, prescriptions or medication records, notes regarding prescriptions or medications, any type of correspondence, test results, statements, questionnaires/histories, office and doctor's handwritten notes, records received by other physicians, or any other medical records in the custody or control of said custodian, whether in electronic or written form. All requested documents or information in the possession, custody, or control of said witness, and every such record in which the witness may have access is to be turned over to the Officer authorized on behalf of NEWCRESTIMAGE MANAGEMENT, LLC DID/A AC HOTEL DOWNTOWN DALLAS, Defendant(s), represented by Christine Y. Duperroir, Attorney(s) of Record, in that Certain Cause No. DC-21-18263, pending on the docket in a case pending IN THE 193RD JUDICIAL DISTRICT COURT 0F DALLAS COUNTY, TEXAS in a case styled: ROBYN LANGLEY vs. NEWCRESTIMAGE MANAGEMENT, LLC D/B/A AC HOTEL DOWNTOWN DALLAS. This Subpoena is being issued at the request of Defe ndant(s), NEWCRESTIMAGE MANAGEMENT, LLC D/B/A AC HOTEL DOWNTOWN DALLAS. 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 fi-om which the subpoena is issued or a district court in the county in which the subpoena is sewed, and may be punished by fine or confinement, or both, Proof ofpayment offees required fiar flue attachment. A fine may not be imposed, nor a person served with a subpoena attached, for failure to or comply with a subpoena without proof of affidavit of the party requesting the subpoena or the party's attorney of record that all fees due the witness by law were paid or tendered. HIPAA Compliance.- AIl parties subject to notification in this cause of action have been given sufficient due notice of said Subpoena and request for information. The parties have been provided an opportunity to object to the Subpoena. If any such objections are tiled, you will be notified immediately. If you are not notified of any such objections by LQ/fl/Zflzz you should consider no such objections have been received. A copy of the Notice provided to all parties is enclosed. WITNESS MY HAND, this the_7__day ofoaober, 2022. I you, WWWG‘bLDSTEINW: {41h50 ID #10742431 VA"° ’ My Commission Expires November 25, 2024 mmwmflmflvmmwvwv NOTARY PUBLI OFFICER'S RETURN CAME TO HAND, and executed this 7 day of October, 2022, by delivering same to BEHAVIORAL HELP SOLUTIONS, LLC or an authorized person for service for BEHAVIORAL HELP SOLUTIONS, LLC, and by tendering all lawful fees as required. "We, (Aid/Mr @WWT‘» PROCESS SER “it Order No. 49346.004 V No. Deal—18263 ROBYN LANGLEY : IN THE 193RD JUDICIAL VS. ' DISTRICT COURT OF NEWCRESTIMAGE MANAGEMENT, LLC D/B/A AC HOTEL DOWNTOWN DALLAS : DALLAS COUNTY, TEXAS DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS Custodian of Records for: BEHAVIORAL HELP SOLUTIONS, LLC Records Pertaining To: ROBYN LANGLEY Type of Records: Any and all MENTAL HEALTH, COUNSELING, PSYCHOLOGY and MEDICAL FROM MARCH 1, 2017 TO THE PRESENT, PERTAINING TO: ROBYN RECORDS, LANGLEY, (DOB: 2/23/1994) (INCLUDING BUT NOT LIMITED TO THE RECORDS OF EVAN JARSCHAURER) including, but not limited to: insurance records, reports, office notes, progress notes, nurses notes, prescriptions, intake forms, patient questionnaires, inpatient, outpatient and emergency room treatment, all clinical charts, reports, notes, tests, test results, diagnoses, prognoses, office records, therapy records, order sheets, progress notes, nurse's notes, clinic records, treatment plans, admission records, discharge summaries, requests for and report of consultations, documents, prescriptions or medication records, notes regarding prescriptions or medications, any type of correspondence, test results, statements, questionnaires/histories, office and doctor's handwritten notes, records received by other physicians, or any other medical records in the custody or control of said custodian, whether in electronic or written form. -1. What is your full name, official title, address, and telephone number? Answer: 2. Did you receive a DEPOSITION SUBPOENATO TESTIFY OR PRODUCE DOCUMENTS OR THJNGS for the production of MEDICAL/MENTAL HEALTH RECORDS and other tangible documents pertaining to ROBYN LANGLEY? (Note: Please look at all the documents received in the package sent.) Answer: 3. Has BEHAVIORAL HELP SOLUTIONS, LLC made or caused to be made any memorandum, reports, records, notes, photographs, or data compilations, in any form, regarding ROBYN LANGLEY? Answer: 4. Were the entries made on these memorandum, reports, records, notes, photographs, or data compulations made at the time or shortly after the time of the transaction recorded by these entries? (Note: ”Entries” as used here is defined as notes, documents, written items or anything printed or inputted into standard system ofyour business, regardless of who entered or created the entry.) Answer: 5. Were these memoranda, reports, records, notes, photographs, or data compilations under your care, supervision, direction, custody, and/or control? Answer: Order N0. 49346.004 Int-State—Direct-Adm-Medical (limited scope) 6. Was it in the regular course of business of BEHAVIORAL HELP SOLUTIONS, LLC for an employee, representative, or person with knowledge of the acts or events recorded to make or create the record or transmit information thereof to be included in such record? Answer: 7. Do you understand the subpoena requests all the records and documents pertaining to ROBYN LANGLEY, and is limited in scope or time or as to the type of record or document? Answer: 8. Are the records being produced kept in the regular course of business? (Meaning: Are the records created by your stafl as part of their daily duties?) Answer: 9. Are the records provided the original records or exact duplicates of the original records? Answer: 10. Has ROBYN LANGLEY been treated, examined by, or received services from BEHAVIORAL HELP SOLUTIONS, LLC? Answer: 11. Have you provided all the records and documents requested, including those that may be on microfilm, in any other departments, kept by other employees, or in any other storage medium? Answer: 12. If you answered "no" to Question Number 11, what records and documents did you not include, and why did you not produce those records? Answer: 13. Who has the records you did not produce and listed in Question Number 12 (list name, business name, and telephone if available)? number, Answer: 14. Are the records attached clear, legible, and the best possible If any copies of the attached records are copies available? of poor quality, please explain why. Answer: 15. Was a Medical Narrative Report created at the request of the patient or patient's attorney? Wote: ’Medz‘cal Narrative Report" is defined as any report which sets forth in story form the doctor’s assessment of the patient’s history, diagnosis, and treatment.) Answer: Order No. 49 346.004 Int—State-Direct-Adm-Medical (limited scope) l6. If you answered "yes" to Question Number 15, the following must be answered: a. What was the date of the Medical Narrative Report written? Answer: b. Who requested a copy of the Medical Narrative Report? Please include a copy of all written requests. if not requested in writing, who requested? (include name, firm name, and telephone number, if available.) Answer: 17. In the event no records can be found, or a portion of the records cannot be found, are there document archives (i.e., microfiche), document retention or destruction policies which explain their absence? Wale: if all records have been " provided, ”N/A is acceptable.) Answer: 18. What is the retention policy for BEHAVIORAL HELP SOLUTIONS, LLC? 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 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 My Commission Expires: Order No. 49346.004 Int-State-Direct-Adm-Medical (limited scope)