Preview
FILED
6/12/2023 11:24 AM
FELICIA PITRE
NO: DC—22-05999 DISTRICT CLERK
DALLAS CO., TEXAS
Terri Kilgore DEPUTY
“Tang, Quishi In the District Court of Dallas County,
Plaintiffls),
Texas 101st J uéicial District
VS.
lVIaverick Utility
Defenéanfls).
OFFICERS CERTIFICATION PURSUANT TO TEXAS RULE OF CIVIL
PROCEDURE 203
That pursuant to Texas Rules of Civii Procedure 203, the undersigned Notary Pubiic and for the State of Texas, do
|
hereby certify:
1. That on 03/14/2023, Angie Tran was duiy caused and sworn to testify the truth, the whole truth and nothing but the
truth.
2. That the foregoing transcript is a true record of the testimony given by Angie Tran.
Custodian of Records for: Quantum Pain & Sports Medicine - Radiology
3. That the charges for my preparation of the compieted written question deposition transcript and for any required
copies of the exhibits there totai $44.00.
PERTAINING TO: Quishi Wang
4. That on 03/14/2023 the deposition transcript was submitted to Angie Tran for examination, signature, and return
to me by 03/14/2023.
5. That Angie Tran has not made changes in the foregoing transcript. The changes, if any, are reflected on _ page
of the transcript.
6. That Angie Tran returned the transcript to me on 03/14/2023 has returned the examined and signed transcript to
me.
7. The originai transcript, or a copy of the originai transcript if the originai was not returned, together with copies of
ali exhibits thereto, was delivered by certified maii or hand delivery.
Paid by: Chrissy Russo, Attorney for Defendant, Maverick Utiiity Construction, State Bar#: 24127061
Law Office of Brian Judis
700 N. Pearl Street, Suite 425
Dailas, TX 75201
Emaii: christina.russo@cna.com
8. That a copy of this certificate was served by certified mail, teiephonic document transfer or hand deiivered to:
Chrissy Russo
Kurt Arnold Fax: (713) 222-3850
GIVEN UNDER MY i-IAND AND SEAi. of office on March 14, 2023.
Kata/14.5w
NOTARY PUBLIC FOR THE STATE OF TEXAS
1‘4?» LOU ELLEN lARRETT ABI Document Support Services
7
I 7993479
.
«army rouse. sure or nus 1401 1 PARK DRIVE, SUITE 201
NV COMMISSION EXPIRES
*5»
AUGUST 9, 2026 TOMBALL, TEXAS 77377
281 -357-8080
OrderfififiTOiQS—OBFI'exasziiM
CAUSE NO. DC—22-05999
QUISHI WANG § IN THE DISTRICT COURT
§
vs. § DALLAS COUNTY, TEXAS
§
MAVERICK UTILITY § IOIST JUDICIAL DISTRICT
§
QUANTUM PAIN & SPORTS MEDICINE’S OBJECTIONS
AND RESPONSES T0 THE NOTICE OF INTENTION
TO TAKE THE DEPOSITION BY WRITTEN QUESTIONS jRADIOLOG! |
T0: ABI Document Support Services, 14011 Park Drive, Suite 201, Tomball, Texas 77377.
Quantum Pain & Sports Medicine (“Quantum”) serves its responses to the Notice of
Intention to Take the Deposition by Written Questions (each a “Request, collectively, the
“Requests”) of the Custodian of Records of Quantum Pain & Sports and Subpoena Duces Tecum
(the “Notice”), and states:
Dated: March 14, 2023 Respectfiilly submitted,
By: /s/ Ryan K. McComber
Ryan K. McComber
Texas Bar No. 24041428
gan.mccomber@,figdav.com
FIGARI + DAVENPORT, LLP
901 Main Street, Suite 3400
Dallas, Texas 75202
(214) 939-2000
(214) 939-2090 — fax
ATTORNEYS FOR NON-PARTY QUANTUM
PAIN & SPORTS MEDICINE
QUANTUM PAIN & SPORTS MEDICINE’S OBJECTIONS
AND RESPONSES To THE NOTICE 0F INTENTION
To TAKE THE DEPOSITION BY WRITTEN QUESTIONS (RADIOLOGY) Page 1
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of this document has been served by electronic
mail on March l4, 2023, on the following:
ABI Document Support Services
14011 Park Drive, Suite 201
Tomball, Texas 77377
Retrieval abidss.com
/s/ Ryan K. McComber
Ryan K. McComber
QUANTUM PAIN & SPORTS MEDICINE’S OBJECTIONS
AND RESPONSES To THE NOTICE 0F INTENTION
To TAKE THE DEPOSITION BY WRITTEN QUESTIONS (RADIOLOGY) Page 2
GENERAL OBJECTIONS TO SUBPOENA DUCES TECUM
The following general objections and statements are incorporated into the specific
objections and responses of Quantum:
1. Quantum generally objects to each and every Request contained in the Notice on
the grounds that they are overly broad, vague, irrelevant, ambiguous, unduly burdensome, not
reasonably calculated to lead to the discovery of admissible evidence, and are not reasonably
tailored to the facts, claims, time period, or disease at issue in this matter.
2. Quantum further objects to the Notice on the grounds that the Requests seek to have
Quantum create documents that may not exist at this time.
3. Quantum further objects to the Notice to the extent that it seeks the identification
of documents, writings, records, or publications in the public domain, since such information is
equally available to the parties.
4. Quantum further objects to the Notice to the extent that it seeks documents
protected by the attorney-client privilege, the attorney work-product doctrine, discovery
exemptions, confidentiality agreements, rights of privacy, private health information, or by any
other applicable privilege or protection afforded by common law, statutory law, constitutional law,
or otherwise.
5. Quantum further objects to the Notice to the extent that it seeks private health
information without providing the requisite medial authorization or statement of assurance for the
production of same.
QUANTUM PAIN & SPORTS MEDICINE’S OBJECTIONS
AND RESPONSES To THE NOTICE OF INTENTION
TO TAKE THE DEPOSITION BY WRITTEN QUESTIONS (RADIOLOGY! Page 3
SPECIFIC OBJECTIONS AND ANSWERS TO
DEPOSITION BY WRITTEN QUESTIONS
1. Please state your full name, occupation and official title.
ANSWER: Angie Tran, 4441 Healthcare Administration, Healthcare Administrator.
2. Did you receive a Subpoena for the production of records and other documents pertaining
to Quishi Wang?
ANSWER: Yes.
3. Has Quishi Wang ever been treated or examined by or received services fi'om Quantum
Pain & Sports Medicine?
ANSWER: No, Quantum does not maintain MRIs, CT scans, films, x—rays, or any other
type of diagnostic imaging.
4. Has Quantum Pain & Sports Medicine made or caused to be made any films and/or
interpretations, in any form, of any examination and/or treatment of Quishi Wang?
ANSWER: No, Quantum does not maintain MRIs, CT scans, films, x—rays, or any other
type of diagnostic imaging.
5. Are these films and/or interpretations under your care, supervision, direction, custody
and/or control?
ANSWER: Not applicable.
6. Were these films and/or interpretations made or caused to be made by Quantum Pain &
Sports Medicine in the regular course of business?
ANSWER: Not applicable.
7. Please state whether or not it was in the regular course of business of Quantum Pain &
Sports Medicine for a person with lmowledge of the acts, events, conditions, opinions, or
diagnosis recorded to make the films and/or interpretations, or to transmit information
thereof to be included in such films and/or interpretations?
ANSWER: Not applicable.
8. Were these fihns and/or interpretations made at or shortly after the time of the transaction
recorded on these entries?
ANSWER: Not applicable.
QUANTUM PAIN & SPORTS MEDICINE’S OBJECTIONS
AND RESPONSES T0 THE NOTICE OE INTENTION
TO TAKE THE DEPOSITION BY WRITTEN QUESTIONS (QQIOLOGYI Page 4
Do you have with you or have access to diagnostic images (MRIs, X-rays, CT Scans,
radiology films, or other images, whether stored digitally, magnetically, electronically, or
stored in any other format) for Quishi Wang?
ANSWER: No, Quantum does not maintain MRIs, CT scans, films, x-rays, or any other
type of diagnostic imaging.
10. Please provide a digital copy of each and all diagnostic images (MRIs, X-rays, CT Scans,
radiology films, or other images, whether stored digitally, magnetically, electronically, or
stored in any other format) for Quishi Wang.
11. Please hand exact duplicates of any and all films of and/or interpretations pertaining to
Quishi Wang, or the originals thereof for photocopying to the notary public taking your
deposition for attachment to this deposition. Have you done as requested? If not, why not?
ANSWER: No, Quantum does not maintain MRIs, CT scans, films, x-rays, or any other
type of diagnostic imaging.
12. Are you aware of any other hospital, clinic, sanitarium, physician, chiropractor, osteopath,
or other member of the healing arts that may have possession of fihns and/or interpretations
pertaining to the person subject to this deposition? If so, please state the name of such entity
and describe briefly what film/interpretations they posses.
ANSWER: Upon information and belief, Quishi Wang has been treated by Francisco J.
Batlle, M.D., Wellspine, P.A., 12655 N. Central Expressway, Suite 650, Dallas, Texas
75243; and Prime Diagnostic Imaging.
13. Have you ever been requested, directed, or has it ever been suggested by any person
(whether doctor, lawyer, patient, or anyone else) that any films and/or interpretations
subject to this deposition be withheld or protected from discovery for any reason? If so,
please state the name and address of such a person who conveyed this information to you
and when such an event occurred.
N0-
14. How do you maintain a patient's films and/or interpretations, and do you ever destroy
patient films and/or interpretations? If so, please explain?
ANSWER: Not applicable.
AI..—
WITNESSI CUSTODIAN OF RECORDS
QUANTUM PAIN & SPORTS MEDICINE’S OBJECTIONS
AND RESPONSES To THE NOTICE 0F INTENTION
To TAKE THE DEPOSITION BY WRITTEN UESTIONS IOLOGY Page S
I, Giselle ventura , a Notary Public in and for the State of Texas do hereby
certify that the foregoing answers of the witness were made by the said witness and sworn to and
subscribed before me. The records attached hereto are exact duplicates of the original records.
SWORN TO AND SUBSCRIBED BEFORE ME on this the 14 day of March, 2023.
\fi‘v'ligl”
_: 0":
GISELLE VENTUBA
, ,
=Notary Public. State of Texas
Comm. Expires 04-21-2026
axe».
Notaffl’ublic
3’"......:i?§
“3,3733“ Notary ID 133720259
Giselle Ventura
Notary’s printed name
My commission Expires: 04/21/2026
QUANTUM PAIN & SPORTS MEDICINE’S OBJECTIONS
AND RESPONSES To THE NOTICE OF INTENTION
To TAKE THE DEPOSITION BY WRITTEN QUESTIONS (RADIOLOGY) Page 6
Preview
FILED 6/12/2023 11:24 AM FELICIA PITRE NO: DC—22-05999 DISTRICT CLERK DALLAS CO., TEXAS Terri Kilgore DEPUTY “Tang, Quishi In the District Court of Dallas County, Plaintiffls), Texas 101st J uéicial District VS. lVIaverick Utility Defenéanfls). OFFICERS CERTIFICATION PURSUANT TO TEXAS RULE OF CIVIL PROCEDURE 203 That pursuant to Texas Rules of Civii Procedure 203, the undersigned Notary Pubiic and for the State of Texas, do | hereby certify: 1. That on 03/14/2023, Angie Tran was duiy caused and sworn to testify the truth, the whole truth and nothing but the truth. 2. That the foregoing transcript is a true record of the testimony given by Angie Tran. Custodian of Records for: Quantum Pain & Sports Medicine - Radiology 3. That the charges for my preparation of the compieted written question deposition transcript and for any required copies of the exhibits there totai $44.00. PERTAINING TO: Quishi Wang 4. That on 03/14/2023 the deposition transcript was submitted to Angie Tran for examination, signature, and return to me by 03/14/2023. 5. That Angie Tran has not made changes in the foregoing transcript. The changes, if any, are reflected on _ page of the transcript. 6. That Angie Tran returned the transcript to me on 03/14/2023 has returned the examined and signed transcript to me. 7. The originai transcript, or a copy of the originai transcript if the originai was not returned, together with copies of ali exhibits thereto, was delivered by certified maii or hand delivery. Paid by: Chrissy Russo, Attorney for Defendant, Maverick Utiiity Construction, State Bar#: 24127061 Law Office of Brian Judis 700 N. Pearl Street, Suite 425 Dailas, TX 75201 Emaii: christina.russo@cna.com 8. That a copy of this certificate was served by certified mail, teiephonic document transfer or hand deiivered to: Chrissy Russo Kurt Arnold Fax: (713) 222-3850 GIVEN UNDER MY i-IAND AND SEAi. of office on March 14, 2023. Kata/14.5w NOTARY PUBLIC FOR THE STATE OF TEXAS 1‘4?» LOU ELLEN lARRETT ABI Document Support Services 7 I 7993479 . «army rouse. sure or nus 1401 1 PARK DRIVE, SUITE 201 NV COMMISSION EXPIRES *5» AUGUST 9, 2026 TOMBALL, TEXAS 77377 281 -357-8080 OrderfififiTOiQS—OBFI'exasziiM CAUSE NO. DC—22-05999 QUISHI WANG § IN THE DISTRICT COURT § vs. § DALLAS COUNTY, TEXAS § MAVERICK UTILITY § IOIST JUDICIAL DISTRICT § QUANTUM PAIN & SPORTS MEDICINE’S OBJECTIONS AND RESPONSES T0 THE NOTICE OF INTENTION TO TAKE THE DEPOSITION BY WRITTEN QUESTIONS jRADIOLOG! | T0: ABI Document Support Services, 14011 Park Drive, Suite 201, Tomball, Texas 77377. Quantum Pain & Sports Medicine (“Quantum”) serves its responses to the Notice of Intention to Take the Deposition by Written Questions (each a “Request, collectively, the “Requests”) of the Custodian of Records of Quantum Pain & Sports and Subpoena Duces Tecum (the “Notice”), and states: Dated: March 14, 2023 Respectfiilly submitted, By: /s/ Ryan K. McComber Ryan K. McComber Texas Bar No. 24041428 gan.mccomber@,figdav.com FIGARI + DAVENPORT, LLP 901 Main Street, Suite 3400 Dallas, Texas 75202 (214) 939-2000 (214) 939-2090 — fax ATTORNEYS FOR NON-PARTY QUANTUM PAIN & SPORTS MEDICINE QUANTUM PAIN & SPORTS MEDICINE’S OBJECTIONS AND RESPONSES To THE NOTICE 0F INTENTION To TAKE THE DEPOSITION BY WRITTEN QUESTIONS (RADIOLOGY) Page 1 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this document has been served by electronic mail on March l4, 2023, on the following: ABI Document Support Services 14011 Park Drive, Suite 201 Tomball, Texas 77377 Retrieval abidss.com /s/ Ryan K. McComber Ryan K. McComber QUANTUM PAIN & SPORTS MEDICINE’S OBJECTIONS AND RESPONSES To THE NOTICE 0F INTENTION To TAKE THE DEPOSITION BY WRITTEN QUESTIONS (RADIOLOGY) Page 2 GENERAL OBJECTIONS TO SUBPOENA DUCES TECUM The following general objections and statements are incorporated into the specific objections and responses of Quantum: 1. Quantum generally objects to each and every Request contained in the Notice on the grounds that they are overly broad, vague, irrelevant, ambiguous, unduly burdensome, not reasonably calculated to lead to the discovery of admissible evidence, and are not reasonably tailored to the facts, claims, time period, or disease at issue in this matter. 2. Quantum further objects to the Notice on the grounds that the Requests seek to have Quantum create documents that may not exist at this time. 3. Quantum further objects to the Notice to the extent that it seeks the identification of documents, writings, records, or publications in the public domain, since such information is equally available to the parties. 4. Quantum further objects to the Notice to the extent that it seeks documents protected by the attorney-client privilege, the attorney work-product doctrine, discovery exemptions, confidentiality agreements, rights of privacy, private health information, or by any other applicable privilege or protection afforded by common law, statutory law, constitutional law, or otherwise. 5. Quantum further objects to the Notice to the extent that it seeks private health information without providing the requisite medial authorization or statement of assurance for the production of same. QUANTUM PAIN & SPORTS MEDICINE’S OBJECTIONS AND RESPONSES To THE NOTICE OF INTENTION TO TAKE THE DEPOSITION BY WRITTEN QUESTIONS (RADIOLOGY! Page 3 SPECIFIC OBJECTIONS AND ANSWERS TO DEPOSITION BY WRITTEN QUESTIONS 1. Please state your full name, occupation and official title. ANSWER: Angie Tran, 4441 Healthcare Administration, Healthcare Administrator. 2. Did you receive a Subpoena for the production of records and other documents pertaining to Quishi Wang? ANSWER: Yes. 3. Has Quishi Wang ever been treated or examined by or received services fi'om Quantum Pain & Sports Medicine? ANSWER: No, Quantum does not maintain MRIs, CT scans, films, x—rays, or any other type of diagnostic imaging. 4. Has Quantum Pain & Sports Medicine made or caused to be made any films and/or interpretations, in any form, of any examination and/or treatment of Quishi Wang? ANSWER: No, Quantum does not maintain MRIs, CT scans, films, x—rays, or any other type of diagnostic imaging. 5. Are these films and/or interpretations under your care, supervision, direction, custody and/or control? ANSWER: Not applicable. 6. Were these films and/or interpretations made or caused to be made by Quantum Pain & Sports Medicine in the regular course of business? ANSWER: Not applicable. 7. Please state whether or not it was in the regular course of business of Quantum Pain & Sports Medicine for a person with lmowledge of the acts, events, conditions, opinions, or diagnosis recorded to make the films and/or interpretations, or to transmit information thereof to be included in such films and/or interpretations? ANSWER: Not applicable. 8. Were these fihns and/or interpretations made at or shortly after the time of the transaction recorded on these entries? ANSWER: Not applicable. QUANTUM PAIN & SPORTS MEDICINE’S OBJECTIONS AND RESPONSES T0 THE NOTICE OE INTENTION TO TAKE THE DEPOSITION BY WRITTEN QUESTIONS (QQIOLOGYI Page 4 Do you have with you or have access to diagnostic images (MRIs, X-rays, CT Scans, radiology films, or other images, whether stored digitally, magnetically, electronically, or stored in any other format) for Quishi Wang? ANSWER: No, Quantum does not maintain MRIs, CT scans, films, x-rays, or any other type of diagnostic imaging. 10. Please provide a digital copy of each and all diagnostic images (MRIs, X-rays, CT Scans, radiology films, or other images, whether stored digitally, magnetically, electronically, or stored in any other format) for Quishi Wang. 11. Please hand exact duplicates of any and all films of and/or interpretations pertaining to Quishi Wang, or the originals thereof for photocopying to the notary public taking your deposition for attachment to this deposition. Have you done as requested? If not, why not? ANSWER: No, Quantum does not maintain MRIs, CT scans, films, x-rays, or any other type of diagnostic imaging. 12. Are you aware of any other hospital, clinic, sanitarium, physician, chiropractor, osteopath, or other member of the healing arts that may have possession of fihns and/or interpretations pertaining to the person subject to this deposition? If so, please state the name of such entity and describe briefly what film/interpretations they posses. ANSWER: Upon information and belief, Quishi Wang has been treated by Francisco J. Batlle, M.D., Wellspine, P.A., 12655 N. Central Expressway, Suite 650, Dallas, Texas 75243; and Prime Diagnostic Imaging. 13. Have you ever been requested, directed, or has it ever been suggested by any person (whether doctor, lawyer, patient, or anyone else) that any films and/or interpretations subject to this deposition be withheld or protected from discovery for any reason? If so, please state the name and address of such a person who conveyed this information to you and when such an event occurred. N0- 14. How do you maintain a patient's films and/or interpretations, and do you ever destroy patient films and/or interpretations? If so, please explain? ANSWER: Not applicable. AI..— WITNESSI CUSTODIAN OF RECORDS QUANTUM PAIN & SPORTS MEDICINE’S OBJECTIONS AND RESPONSES To THE NOTICE 0F INTENTION To TAKE THE DEPOSITION BY WRITTEN UESTIONS IOLOGY Page S I, Giselle ventura , a Notary Public in and for the State of Texas do hereby certify that the foregoing answers of the witness were made by the said witness and sworn to and subscribed before me. The records attached hereto are exact duplicates of the original records. SWORN TO AND SUBSCRIBED BEFORE ME on this the 14 day of March, 2023. \fi‘v'ligl” _: 0": GISELLE VENTUBA , , =Notary Public. State of Texas Comm. Expires 04-21-2026 axe». Notaffl’ublic 3’"......:i?§ “3,3733“ Notary ID 133720259 Giselle Ventura Notary’s printed name My commission Expires: 04/21/2026 QUANTUM PAIN & SPORTS MEDICINE’S OBJECTIONS AND RESPONSES To THE NOTICE OF INTENTION To TAKE THE DEPOSITION BY WRITTEN QUESTIONS (RADIOLOGY) Page 6