Preview
FILED
8/3/2022 12:46 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Miranda Lynch DEPUTY
CAUSE NO. DC-21-08674
FRANTEISHA FONTENOT; DARREN IN THE DISTRICT COURT
§§§§§§§§§§§§§
KING; MARVIN PRIDE and YALONDA
WRIGHT, EACH INDIVIDUALLY AND
ON BEHALF OF THE ESTATE OF LINDA
FONTENOT WILLIAMS, DECEASED,
VS. 1 16TH JUDICIAL DISTRICT
DHC OPCO-CARROLLTON, LLC d/b/a
BROOKHAVEN NURSING AND
REHABILITATION CENTER and
THI OF TEXAS AT RICHARDSON, LLC
dfl)/ a THE VILLAGE AT RICHARDSON DALLAS COUNTY, TEXAS
DEFENDANTS’ FIRST AMENDED NOTICE OF INTENTION TO TAKE THE ORAL
DEPOSITION SUMMIT GUPTA, M.D.
To: Plaintiffs Franteisha Fontenot, Darren King, Marvin Pride, and Yalonda Wright,
Individually and on behalf of the Estate of Linda Fontenot-Williams, Deceased, by and
through their counsel of record: Maria Wormington and David Benford, Wormington &
Bollinger, 212 East Virginia Street, McKinney, TX 75069.
PLEASE TAKE NOTICE that on Monday October 3, 2022, beginning at 10:00 a.m.,
and continuing from day to day thereafter via Zoom. Defendants in the above-captioned matter
will take the deposition of Summit Gupta, M.D. upon oral examination before Bradford Court
Reporting, (972) 931-2799, which deposition may be used in the trial of this case. Be further
advised that the deposition may be videotaped, and the deposition and Videotape may be used at
the trial of this action. By way of this First Amended Notice of Deposition, the deponent is
requested to produce at least 48 hours before the time of the above-stated deposition for inspection
and copying, all of the documents as set out in Exhibit “A”.
Bradford Court Reporting will be the Zoom meeting host and will send a meeting invitation
via email to all participants.
DEFENDANTS’ IST AMENDED NOTICE OF INTENTION To TAKE THE ORAL DEPOSITION OF SUMMIT GUPTA, MD —
PAGE 1
Respectfully submitted,
QUINTAIROS PRIETO WOOD & BOYER, P.A.
By: /s/Megan Pharis
FRANK ALVAREZ
State Bar No. 00796122
frank.alvarez@qpwblaw.com
MEGAN P. PHARIS
State Bar No. 24117991
megannharisébqpwblaweom
1700 Pacific Ave, Suite 4545
Dallas, Texas 75201
Telephone: (214) 754-8755
ATTORNEYS FOR DEFENDANT
DHC OPCO-CARROLLTON, LLC DBA
BROOKHAVEN NURSING AND
REHABILITATION CENTER
CERTIFICATE OF SERVICE
The undersigned certifies that on the 3rd day of August 2022, a true and correct copy of
the foregoing document was served in compliance with the Texas Rules of Civil Procedure
upon all counsel of record, as indicated below:
Maria Wormington Arlene Wiese
David Benford Fundamental Administrative Services, LLC
Wormington & Bollinger 5700 Tennyson Parkway, Suite 300
212 East Virginia Street Plano, TX 75024
McKinney, TX 75069 Telephone: (469) 525-0300
Telephone: (972) 569-3930 Facsimile: (469) 722-6903
Facsimile: (972) 547-6440 arlene.wiese@fundltc.com
Maria@wormingtonlegal.com
David@ wormingtonlegalcom Attorney for Defendant
THI of Texas at Richardson d/b/a
Attorneys for Plaintifl The Village at Richardson
/s/Megan P. Pharis
Megan P. Pharis
DEFENDANTS’ 1“ AMENDED NOTICE OF INTENTION T0 TAKE THE ORAL DEPOSITION OF SUMMIT GUPTA, MD —
PAGE 2
EXHIBIT “A”
Summit Gupta, M.D. is instructed to produce the following items at least 48 hours before the
time of his deposition:
1. Each and every document, record, writing, x-ray, film, photograph, Video or audio
recording, and/or memoranda reviewed by you and/or supplied to you with respect to Linda
Fontenot Williams, including but not limited to those items supplied in electronic form or
by electronic means.
Each and every medical text, treatise, journal, publication, data, or article which you read
or relied upon in conjunction with your review of the care provided to Linda Fontenot
Williams.
All notes, whether written or recorded, that you made with respect to your review of any
materials, or about any conversations or opinions concerning Linda Fontenot Williams.
All correspondence, emails, letters, documents, transcripts or memos you have received or
gathered with respect to your participation as an expert witness in this lawsuit.
All correspondence, letters, documents, reports or memos you have generated with respect
to your review of the care provided to Linda Fontenot Williams relating to your
participating as an expert witness in this case.
All articles, medical texts, treatise, blogs, publications, online posts, or data, which you
have authored or co-authored and which you believe to be pertinent of your review of the
care provided to Linda Fontenot Williams and your opinions with respect to such care.
Any and all documentation having to do with the amount of time and costs spent by you in
reviewing this case and/or the amount of money being charged by you for your review of
this case and for giving any testimony herein, including but not limited to all invoices.
A copy of your current curriculum Vitae.
Copies of all previous depositions and trial/arbitration transcripts in your possession or
control in which you have rendered testimony as a witness in medical malpractice,
wrongful death, or personal injury suits in which you have been named as an expert
witness; or alternatively a listing of your prior testimony and the law firms for each case in
which you provided testimony in the event you do not have a copy of your transcript.
10. Copies of any documents, notes, calendars, diaries, letters, pleadings, reports, or
memoranda providing information concerning other medical negligence or personal injury
cases in which you have been designated as an expert Witness, given deposition testimony,
given trial testimony, or concerning depositions and/or testimony which is scheduled for
the future; or alternatively a listing of such cases.
DEFENDANTS’ IST AMENDED NOTICE OF INTENTION To TAKE THE ORAL DEPOSITION OF SUMMIT GUPTA, MD —
PAGE 3
11. A11 documents, including but not limited to invoices, which reflect the amount you have
charged and received for your review of cases to provide services as an expert for the past
three years.
12. All depositions and trial/arbitration testimony you have given in the past ten years
involving a patient who allegedly suffered from medical conditions similar to those of
Linda Fontenot Williams.
13. A11 emails and correspondence between you and anyone else which discuss the facts of this
case.
14. All materials which make up your file for this case.
15. A copy of any document not subject to attorney/client privilege which reflects any prior
medical malpractice, wrongful death, or personal injury litigation against you.
16. All contracts, agreements, correspondence and other documents pertaining to or reflecting
any involvement, employment, listing, membership, affiliation, understanding or
agreement of the expert witness with any expert witness referral service, listing service,
directory, or any person or entity involved in locating or referring expert witnesses or
consultants for legal matters.
17. All advertisements, brochures, circulars, websites, blogs, online posts, or other documents
(electronic, paper, or otherwise) used by or on behalf of you to advertise, promote,
publicize or describe the availability of your services in the past five years.
18. Copies of any articles, texts, treatises, regulations, reports, or other publications on which
you have been or will be asked to express an opinion concerning authority, reliability or
agreement with any statement in the work.
DEFENDANTS’ IST AMENDED NOTICE OF INTENTION To TAKE THE ORAL DEPOSITION OF SUMMIT GUPTA, MD —
PAGE 4
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.
Frank Alvarez on behalf of Frank Alvarez
Bar No. 00796122
frank.alvarez@qpwblaw.com
Envelope ID: 66928489
Status as of 8/4/2022 8:40 AM CST
Associated Case Party: FRANTEISHA FONTENOT
Name BarNumber Email TimestampSubmitted Status
Maria Wormington maria@wormingtonlegal.com 8/3/2022 12:46:59 PM SENT
David Benford david@wormingtonlegal.com 8/3/2022 12:46:59 PM SENT
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.
Frank Alvarez on behalf of Frank Alvarez
Bar No. 00796122
frank.alvarez@qpwblaw.com
Envelope ID: 66928489
Status as of 8/4/2022 8:40 AM CST
Associated Case Party: STAT X-RAY OF TEXAS, INC.
Name BarNumber Email TimestampSubmitted Status
Jennifer DLeBIanc jleblanc@macdonalddevin.com 8/3/2022 12:46:59 PM SENT
David MMacdonald dmacdonald@macdonalddevin.com 8/3/2022 12:46:59 PM SENT
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.
Frank Alvarez on behalf of Frank Alvarez
Bar No. 00796122
frank.alvarez@qpwblaw.com
Envelope ID: 66928489
Status as of 8/4/2022 8:40 AM CST
Associated Case Party: DHC OPCO-CARROLLTON, LLC
Name BarNumber Email TimestampSubmitted Status
Frank Alvarez frank.alvarez@qpwblaw.com 8/3/2022 12:46:59 PM SENT
Megan Pharis megan.pharis@qpwblaw.com 8/3/2022 12:46:59 PM SENT
Roseann Gonzales roseann.gonzales@qpwblaw.com 8/3/2022 12:46:59 PM SENT
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.
Frank Alvarez on behalf of Frank Alvarez
Bar No. 00796122
frank.alvarez@qpwblaw.com
Envelope ID: 66928489
Status as of 8/4/2022 8:40 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Tonya L.Shanz tshanz@macdonalddevin.com 8/3/2022 12:46:59 PM SENT
Tannis MStone tstone@macdonalddevin.com 8/3/2022 12:46:59 PM SENT
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.
Frank Alvarez on behalf of Frank Alvarez
Bar No. 00796122
frank.alvarez@qpwblaw.com
Envelope ID: 66928489
Status as of 8/4/2022 8:40 AM CST
Associated Case Party: THl OF TEXAS AT RICHARDSON, LLC
Name BarNumber Email TimestampSubmitted Status
Arlene Wiese arlene.wiese@fundltc.com 8/3/2022 12:46:59 PM SENT
Preview
FILED 8/3/2022 12:46 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Miranda Lynch DEPUTY CAUSE NO. DC-21-08674 FRANTEISHA FONTENOT; DARREN IN THE DISTRICT COURT §§§§§§§§§§§§§ KING; MARVIN PRIDE and YALONDA WRIGHT, EACH INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF LINDA FONTENOT WILLIAMS, DECEASED, VS. 1 16TH JUDICIAL DISTRICT DHC OPCO-CARROLLTON, LLC d/b/a BROOKHAVEN NURSING AND REHABILITATION CENTER and THI OF TEXAS AT RICHARDSON, LLC dfl)/ a THE VILLAGE AT RICHARDSON DALLAS COUNTY, TEXAS DEFENDANTS’ FIRST AMENDED NOTICE OF INTENTION TO TAKE THE ORAL DEPOSITION SUMMIT GUPTA, M.D. To: Plaintiffs Franteisha Fontenot, Darren King, Marvin Pride, and Yalonda Wright, Individually and on behalf of the Estate of Linda Fontenot-Williams, Deceased, by and through their counsel of record: Maria Wormington and David Benford, Wormington & Bollinger, 212 East Virginia Street, McKinney, TX 75069. PLEASE TAKE NOTICE that on Monday October 3, 2022, beginning at 10:00 a.m., and continuing from day to day thereafter via Zoom. Defendants in the above-captioned matter will take the deposition of Summit Gupta, M.D. upon oral examination before Bradford Court Reporting, (972) 931-2799, which deposition may be used in the trial of this case. Be further advised that the deposition may be videotaped, and the deposition and Videotape may be used at the trial of this action. By way of this First Amended Notice of Deposition, the deponent is requested to produce at least 48 hours before the time of the above-stated deposition for inspection and copying, all of the documents as set out in Exhibit “A”. Bradford Court Reporting will be the Zoom meeting host and will send a meeting invitation via email to all participants. DEFENDANTS’ IST AMENDED NOTICE OF INTENTION To TAKE THE ORAL DEPOSITION OF SUMMIT GUPTA, MD — PAGE 1 Respectfully submitted, QUINTAIROS PRIETO WOOD & BOYER, P.A. By: /s/Megan Pharis FRANK ALVAREZ State Bar No. 00796122 frank.alvarez@qpwblaw.com MEGAN P. PHARIS State Bar No. 24117991 megannharisébqpwblaweom 1700 Pacific Ave, Suite 4545 Dallas, Texas 75201 Telephone: (214) 754-8755 ATTORNEYS FOR DEFENDANT DHC OPCO-CARROLLTON, LLC DBA BROOKHAVEN NURSING AND REHABILITATION CENTER CERTIFICATE OF SERVICE The undersigned certifies that on the 3rd day of August 2022, a true and correct copy of the foregoing document was served in compliance with the Texas Rules of Civil Procedure upon all counsel of record, as indicated below: Maria Wormington Arlene Wiese David Benford Fundamental Administrative Services, LLC Wormington & Bollinger 5700 Tennyson Parkway, Suite 300 212 East Virginia Street Plano, TX 75024 McKinney, TX 75069 Telephone: (469) 525-0300 Telephone: (972) 569-3930 Facsimile: (469) 722-6903 Facsimile: (972) 547-6440 arlene.wiese@fundltc.com Maria@wormingtonlegal.com David@ wormingtonlegalcom Attorney for Defendant THI of Texas at Richardson d/b/a Attorneys for Plaintifl The Village at Richardson /s/Megan P. Pharis Megan P. Pharis DEFENDANTS’ 1“ AMENDED NOTICE OF INTENTION T0 TAKE THE ORAL DEPOSITION OF SUMMIT GUPTA, MD — PAGE 2 EXHIBIT “A” Summit Gupta, M.D. is instructed to produce the following items at least 48 hours before the time of his deposition: 1. Each and every document, record, writing, x-ray, film, photograph, Video or audio recording, and/or memoranda reviewed by you and/or supplied to you with respect to Linda Fontenot Williams, including but not limited to those items supplied in electronic form or by electronic means. Each and every medical text, treatise, journal, publication, data, or article which you read or relied upon in conjunction with your review of the care provided to Linda Fontenot Williams. All notes, whether written or recorded, that you made with respect to your review of any materials, or about any conversations or opinions concerning Linda Fontenot Williams. All correspondence, emails, letters, documents, transcripts or memos you have received or gathered with respect to your participation as an expert witness in this lawsuit. All correspondence, letters, documents, reports or memos you have generated with respect to your review of the care provided to Linda Fontenot Williams relating to your participating as an expert witness in this case. All articles, medical texts, treatise, blogs, publications, online posts, or data, which you have authored or co-authored and which you believe to be pertinent of your review of the care provided to Linda Fontenot Williams and your opinions with respect to such care. Any and all documentation having to do with the amount of time and costs spent by you in reviewing this case and/or the amount of money being charged by you for your review of this case and for giving any testimony herein, including but not limited to all invoices. A copy of your current curriculum Vitae. Copies of all previous depositions and trial/arbitration transcripts in your possession or control in which you have rendered testimony as a witness in medical malpractice, wrongful death, or personal injury suits in which you have been named as an expert witness; or alternatively a listing of your prior testimony and the law firms for each case in which you provided testimony in the event you do not have a copy of your transcript. 10. Copies of any documents, notes, calendars, diaries, letters, pleadings, reports, or memoranda providing information concerning other medical negligence or personal injury cases in which you have been designated as an expert Witness, given deposition testimony, given trial testimony, or concerning depositions and/or testimony which is scheduled for the future; or alternatively a listing of such cases. DEFENDANTS’ IST AMENDED NOTICE OF INTENTION To TAKE THE ORAL DEPOSITION OF SUMMIT GUPTA, MD — PAGE 3 11. A11 documents, including but not limited to invoices, which reflect the amount you have charged and received for your review of cases to provide services as an expert for the past three years. 12. All depositions and trial/arbitration testimony you have given in the past ten years involving a patient who allegedly suffered from medical conditions similar to those of Linda Fontenot Williams. 13. A11 emails and correspondence between you and anyone else which discuss the facts of this case. 14. All materials which make up your file for this case. 15. A copy of any document not subject to attorney/client privilege which reflects any prior medical malpractice, wrongful death, or personal injury litigation against you. 16. All contracts, agreements, correspondence and other documents pertaining to or reflecting any involvement, employment, listing, membership, affiliation, understanding or agreement of the expert witness with any expert witness referral service, listing service, directory, or any person or entity involved in locating or referring expert witnesses or consultants for legal matters. 17. All advertisements, brochures, circulars, websites, blogs, online posts, or other documents (electronic, paper, or otherwise) used by or on behalf of you to advertise, promote, publicize or describe the availability of your services in the past five years. 18. Copies of any articles, texts, treatises, regulations, reports, or other publications on which you have been or will be asked to express an opinion concerning authority, reliability or agreement with any statement in the work. DEFENDANTS’ IST AMENDED NOTICE OF INTENTION To TAKE THE ORAL DEPOSITION OF SUMMIT GUPTA, MD — PAGE 4 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. Frank Alvarez on behalf of Frank Alvarez Bar No. 00796122 frank.alvarez@qpwblaw.com Envelope ID: 66928489 Status as of 8/4/2022 8:40 AM CST Associated Case Party: FRANTEISHA FONTENOT Name BarNumber Email TimestampSubmitted Status Maria Wormington maria@wormingtonlegal.com 8/3/2022 12:46:59 PM SENT David Benford david@wormingtonlegal.com 8/3/2022 12:46:59 PM SENT 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. Frank Alvarez on behalf of Frank Alvarez Bar No. 00796122 frank.alvarez@qpwblaw.com Envelope ID: 66928489 Status as of 8/4/2022 8:40 AM CST Associated Case Party: STAT X-RAY OF TEXAS, INC. Name BarNumber Email TimestampSubmitted Status Jennifer DLeBIanc jleblanc@macdonalddevin.com 8/3/2022 12:46:59 PM SENT David MMacdonald dmacdonald@macdonalddevin.com 8/3/2022 12:46:59 PM SENT 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. Frank Alvarez on behalf of Frank Alvarez Bar No. 00796122 frank.alvarez@qpwblaw.com Envelope ID: 66928489 Status as of 8/4/2022 8:40 AM CST Associated Case Party: DHC OPCO-CARROLLTON, LLC Name BarNumber Email TimestampSubmitted Status Frank Alvarez frank.alvarez@qpwblaw.com 8/3/2022 12:46:59 PM SENT Megan Pharis megan.pharis@qpwblaw.com 8/3/2022 12:46:59 PM SENT Roseann Gonzales roseann.gonzales@qpwblaw.com 8/3/2022 12:46:59 PM SENT 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. Frank Alvarez on behalf of Frank Alvarez Bar No. 00796122 frank.alvarez@qpwblaw.com Envelope ID: 66928489 Status as of 8/4/2022 8:40 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Tonya L.Shanz tshanz@macdonalddevin.com 8/3/2022 12:46:59 PM SENT Tannis MStone tstone@macdonalddevin.com 8/3/2022 12:46:59 PM SENT 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. Frank Alvarez on behalf of Frank Alvarez Bar No. 00796122 frank.alvarez@qpwblaw.com Envelope ID: 66928489 Status as of 8/4/2022 8:40 AM CST Associated Case Party: THl OF TEXAS AT RICHARDSON, LLC Name BarNumber Email TimestampSubmitted Status Arlene Wiese arlene.wiese@fundltc.com 8/3/2022 12:46:59 PM SENT