Preview
Cause No. 23-04-05276
JOSEPH D. ABELL IN THE DISTRICT COURT OF
vs. MONTGOMERY COUNTY, TEXAS
KROGER TEXAS, L.P. d/b/a KROGER
STORE NO. K034 EAST/HOUSTON 457TH JUDICIAL DISTRICT
NOTICE OF INTENTION
TO TAKE DEPOSITION BY WRITTEN QUESTIONS
TO: ALL PARTIES BY AND THROUGH THEIR ATTORNEY(S) OF RECORD AS PROVIDED IN THE ATTACHED
SERVICE LIST.
You will take notice that twenty (20) days after the service hereof, with attached questions, a deposition by written questions
will be asked of the custodian of records for:
ENCOMPASS HEALTH REHABILITATION HOSPITAL - VISION PARK-(Medical Records & Radiology Films)
117 VISION PARK BLVD, SHENANDOAH, TX 77384
SURGICAL SPECIALISTS OF CONROE-(Medical Records & Radiology Films)
508 MEDICAL CENTER BLVD., STE 360, CONROE, TX 77304
FOREST LAKE BONE & JOINT-(Medical Records & Radiology Films)
508 MEDICAL CENTER BLVD., STE 360, CONROE, TX 77304
HOUSTON METHODIST COMPREHENSIVE CARE CENTER-(Medical Records & Radiology Films)
4015 I-45 NORTH, CONROE, TX 77304
Such questions to be answered on or after 08/28/2023, before a Notary Public.at the instance of:
Written Deposition Service, LLC
1755 Wittington Place, Suite 750
Dallas, TX 75234
The 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(s) 200 &
201(b), 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: JOSEPH DAVID ABELL 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,
Respectfully Submitted,
/s/Lindsay Gorbach
Lindsay Gorbach
SBA #: 24059839
Mayer LLP
750 N. Saint Paul St., Suite 700
Dallas, TX 75201
214-379-6900; Fax 214-379-6939
Igorbach@mayerllp.com
Attorney for: Defendant
CERTIFICATE OF SERVICE
I certify that a true and exact copy of foregoing Notice of Intention to
Take Deposition upon Written
Questions was served to all attorneys of record in the above-s tyled and numbere
d matter, said service being
effected in the following manner:
CERTIFIED MAIL/RETURN RECEIPT REQUESTED
HAND DELIVERY
TELECOPY
OVERNIGHT/NEXT DAY DELIVERY VIA LONE STAR OR UPS
E-MAIL v
E-FILE
patep:_% lsh,
BY: /s/ Nicole Whitesides
SERVED TO ALL PARTIES LISTED BELOW:
Joseph D. Abell vs. Kroger Texas, L.P., et al
ATTORNEYS OF RECORD
Brock C. Akers
The Akers Firm
3401 Allen Parkway, Ste 101
Houston, TX 77019
713-877-2500; Fax: 713-583-8662
Attorney For: Defendant
Dustin Causey
Hope & Causey, P.C.
815 West Davis, Ste 300
Conroe, TX 77301
936-441-4673; Fax: 936-441-4674
Attorney For: Plaintiff
CAUSE NO: 23-04-05276
JOSEPH D. ABELL IN THE DISTRICT COURT OF
vs.
MONTGOMERY COUNTY, TEXAS
KROGER TEXAS, L.P. d/b/a KROGER
STORE NO. K034 EAST/HOUSTON 457TH JUDICIAL DISTRICT
DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS,
CUSTODIAN OF RECORDS FOR:
ENCOMPASS HEALTH REHABILITATION HOSPITAL - VISION PARK
RECORDS/FILMS PERTAINING TO: JOSEPH DAVID ABELL
1 State your full name and occupation, address and telephone number.
ANSWER: (NAME)
(OCCUPATION),
(ADDRESS)
(CITY, STATE, ZIP).
(TELEPHONE #)
In response to the Subpoena Duces Tecum you received, have you produced ANY AND
ALL
MEDICAL RECORDS AND RADIOLOGY FILMS (EXCLUDING BILLING RECORDS
)
FROM ALL DATES OF TREATMENT AND/OR INJURY, INCLUDING BUT NOT
LIMITED TO, DOCTOR'S NOTES, EVALUATIONS, OFFICE NOTES, PROGRESS
NOTES, CORRESPONDENCE WITH OTHER PHYSICIANS, THERAPISTS, HOSPIT
ALS
AND/OR HEALTHCARE PROVIDERS, LAB REPORTS, PATHOLOGY REPORTS,
ALL
OTHER DIAGNOSTIC REPORTS, INCLUDED ON CD ALL DIAGNOSTIC
IMAGING,
INCLUDING BUT NOT LIMITED TO MRI'S, CT SCANS, X-RAYS, ETC,
PRESCRIPTIONS, REFERRALS TO OTHER HEALTH CARE PROVIDERS,
AMBULANCE RECORDS, HOSPITAL RECORDS, THERAPISTS' RECORDS,
PATIENT
INFORMATION FORMS, PATIENT INSURANCE FORMS, INTAKE FORMS,
NURSES'
NOTES, LETTERS OF PROTECTION, EVERY SUCH RECORD, INCLUDING
BUT NOT
LIMITED TO, THOSE EXISTING IN ELECTRONIC OR MAGNETIC FORM,
INCLUDING
CORRESPONDENCE IN THE POSSESSION, CUSTODY OR CONTROL OF
THE SAID
WITNESS AND EVERY SUCH RECORDS TO WHICH THE WITNESS MAY
HAVE
ACCESS PERTAINING TO the above named?
ANSWER:
Are you able to identify these records/films as the originals or true and correct copies
of the originals?
ANSWER:
Order #: 76091.001
Were these records and/or films made and kept in the regular course of your business?
ANSWER:
In the regular course of business of your practice, business, or institution, did the person who signed
the records and/or films either have personal knowledge of the entries shown on the records and/or
films, or obtain the information to make the entries from the sources who have such personal
knowledge?
ANSWER:
Were such memoranda or documents then transmitted to your files and thereafter maintained under
your care, supervision, direction, custody or control as custodian of this facility?
ANSWER:
Were the memoranda or documents that were transmitted to your files original entries on the part of
the Custodian or other employee or member of the staff of this facility?
ANSWER:
Were the records and/or films prepared at or about the time of the events and conditions they record?
ANSWER:
Were these records and/or films kept as described in the previous questions?
ANSWER:
10. Please examine copies of the original requested records and/or films. Have you produced records
and/or films for attachment to this Deposition?
ANSWER:
1] Has anything been removed from or altered in the original records and/or films before making these
copies?
ANSWER:
12, If you have answered the previous question yes, please state fully and precisely what alteration
s were
made in the original records and/or films and attach copies of every document
removed from the
originals.
ANSWER:
Order #: 76091.001
13 In the event that no records and/or films can be found, are there document archives (i.e. microfiche) or
document retention policies which explain their absence? If so, please identify who has knowledge of
those archives or policies of the above named facility.
ANSWER:
14, Does your facility take or maintain radiology film(s), x-rays, (CT Scans, MRI’s, any sort of imaging),
on patients? ANSWER: (circle one) YES/NO
a) If YES, were any taken on this patient and did you attach a copy?
ANSWER: (circle one) YES/NO
15, Are you aware that it may be necessary to subpoena you or your employer to court at the time of trial
if you have not provided all of the papers, notes, documents, records, general correspondence, or other
tangible items of any kind pertaining to the above named individual to the Notary Public taking your
deposition?
ANSWER: (circle one) YES/NO
I, Custodian of Record, do swear or affirm that my answers to the above questions are the truth, the
whole truth and nothing but the truth, so help me God.
Custodian of Record
I, Notary Public, do hereby certify the above Custodian was duly sworn and the non-stenographic
recording of this Written Deposition is a true record of the Custodian testimony.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS DAY OF
»20_.,
SIGNATURE OF NOTARY PUBLIC IN AND FOR THE STATE OF TX
NAME OF NOTARY PUBLIC TYPED OR PRINTED
My Commission expires
Order #: 76091.001
CAUSE NO: 23-04-05276
JOSEPH D. ABELL § IN THE DISTRICT COURT OF
§
ys. § MONTGOMERY COUNTY, TEXAS
§
KROGER TEXAS, L.P. d/b/a KROGER §
STORE NO. K034 EAST/HOUSTON § 457TH JUDICIAL DISTRICT
DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS,
CUSTODIAN OF RECORDS FOR:
SURGICAL SPECIALISTS OF CONROE
RECORDS/FILMS PERTAINING TO: JOSEPH DAVID ABELL
1 State your full name and occupation, address and telephone number.
ANSWER: (NAME)
(OCCUPATION).
(ADDRESS)
(CITY, STATE, ZIP)
(TELEPHONE #)
In response to the Subpoena Duces Tecum you received, have you produced ANY AND ALL
MEDICAL RECORDS AND RADIOLOGY FILMS (EXCLUDING BILLING RECORDS)
FROM ALL DATES OF TREATMENT AND/OR INJURY, INCLUDING BUT NOT
LIMITED TO, DOCTOR'S NOTES, EVALUATIONS, OFFICE NOTES, PROGRESS
NOTES, CORRESPONDENCE WITH OTHER PHYSICIANS, THERAPISTS, HOSPITALS
AND/OR HEALTHCARE PROVIDERS, LAB REPORTS, PATHOLOGY REPORTS, ALL
OTHER DIAGNOSTIC REPORTS, INCLUDED ON CD ALL DIAGNOSTIC IMAGING,
INCLUDING BUT NOT LIMITED TO MRI's, CT SCANS, X-RAYS, ETC,
PRESCRIPTIONS, REFERRALS TO OTHER HEALTH CARE PROVIDERS,
AMBULANCE RECORDS, HOSPITAL RECORDS, THERAPISTS' RECORDS, PATIENT
INFORMATION FORMS, PATIENT INSURANCE FORMS, INTAKE FORMS, NURSES'
NOTES, LETTERS OF PROTECTION, EVERY SUCH RECORD, INCLUDING BUT NOT
LIMITED TO, THOSE EXISTING IN ELECTRONIC OR MAGNETIC FORM, INCLUDING
CORRESPONDENCE IN THE POSSESSION, CUSTODY OR CONTROL OF THE SAID
WITNESS AND EVERY SUCH RECORDS TO WHICH THE WITNESS MAY HAVE
ACCESS PERTAINING TO the above named?
ANSWER:
Are you able to identify these records/films as the originals or true and correct copies of the originals?
ANSWER:
Order #: 76091.011
Were these records and/or films made and kept in the regular course of your business?
ANSWER:
In the regular course of business of your practice, business, or institution, did the person who signed
the records and/or films either have personal knowledge of the entries shown on the records and/or
films, or obtain the information to make the entries from the sources who have such personal
knowledge?
ANSWER:
Were such memoranda or documents then transmitted to your files and thereafter maintained under
your care, supervision, direction, custody or control as custodian of this facility?
ANSWER:
Were the memoranda or documents that were transmitted to your files original entries on the part of
the Custodian or other employee or member of the staff of this facility?
ANSWER:
Were the records and/or films prepared at or about the time of the events and conditions they record?
ANSWER:
Were these records and/or films kept as described in the previous questions?
ANSWER:
10. Please examine copies of the original requested records and/or films. Have you produced records
and/or films for attachment to this Deposition?
ANSWER:
11 Has anything been removed from or altered in the original records and/or films before making these
copies?
ANSWER:
12. If you have answered the previous question yes, please state fully and precisely what alterations were
made in the original records and/or films and attach copies of every document removed from the
originals,
ANSWER:
Order #: 76091.011
13 In the event that no records and/or films can be found, are there document archives (i.e. microfiche) or
document retention policies which explain their absence? If so, please identify who has knowledge of
those archives or policies of the above named facility.
ANSWER:
14 Does your facility take or maintain radiology film(s), x-rays, (CT Scans, MRI’s, any sort of imaging),
on patients? ANSWER: (circle one) YES/NO
a) IfYES, were any taken on this patient and did you attach a copy?
ANSWER: (circle one) YES/NO
15 Are you aware that it may be necessary to subpoena you or your employer to court at the time of trial
if you have not provided all of the papers, notes, documents, records, general correspondence, or other
tangible items of any kind pertaining to the above named individual to the Notary Public taking your
deposition?
ANSWER: (circle one) YES/NO
I, Custodian of Record, do swear or affirm that my answers to the above questions are the truth, the
whole truth and nothing but the truth, so help me God.
Custodian of Record
I, Notary Public, do hereby certify the above Custodian was duly sworn and the non-stenographic
recording of this Written Deposition is a true record of the Custodian testimony.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS DAY OF
520_.
SIGNATURE OF NOTARY PUBLIC IN AND FOR THE STATE OF TX
NAME OF NOTARY PUBLIC TYPED OR PRINTED
My Commission expires.
Order#: 76091.011
CAUSE NO: 23-04-05276
JOSEPH D. ABELL IN THE DISTRICT COURT OF
vs. MONTGOMERY COUNTY, TEXAS
KROGER TEXAS, L.P. d/b/a KROGER
STORE NO. K034 EAST/HOUSTON 457TH JUDICIAL DISTRICT
DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS,
CUSTODIAN OF RECORDS FOR:
FOREST LAKE BONE & JOINT
RECORDS/FILMS PERTAINING TO: JOSEPH DAVID ABELL
1 State your full name and occupation, address and telephone number.
ANSWER: (NAME)
(OCCUPATION),
(ADDRESS)
(CITY, STATE, ZIP)
(TELEPHONE #)
In response to the Subpoena Duces Tecum you received, have you produced ANY AND ALL
MEDICAL RECORDS AND RADIOLOGY FILMS (EXCLUDING BILLING RECORDS)
FROM ALL DATES OF TREATMENT AND/OR INJURY, INCLUDING BUT NOT
LIMITED TO, DOCTOR'S NOTES, EVALUATIONS, OFFICE NOTES, PROGRESS
NOTES, CORRESPONDENCE WITH OTHER PHYSICIANS, THERAPISTS, HOSPITALS
AND/OR HEALTHCARE PROVIDERS, LAB REPORTS, PATHOLOGY REPORTS, ALL
OTHER DIAGNOSTIC REPORTS, INCLUDED ON CD ALL DIAGNOSTIC IMAGING,
INCLUDING BUT NOT LIMITED TO MRI'S, CT SCANS, X-RAYS, ETC.,
PRESCRIPTIONS, REFERRALS TO OTHER HEALTH CARE PROVIDERS,
AMBULANCE RECORDS, HOSPITAL RECORDS, THERAPISTS' RECORDS, PATIENT
INFORMATION FORMS, PATIENT INSURANCE FORMS, INTAKE FORMS, NURSES'
NOTES, LETTERS OF PROTECTION, EVERY SUCH RECORD, INCLUDING BUT NOT
LIMITED TO, THOSE EXISTING IN ELECTRONIC OR MAGNETIC FORM, INCLUDING
CORRESPONDENCE IN THE POSSESSION, CUSTODY OR CONTROL OF THE SAID
WITNESS AND EVERY SUCH RECORDS TO WHICH THE WITNESS MAY HAVE
ACCESS PERTAINING TO the above named?
ANSWER:
Are you able to identify these records/films as the originals or true and correct copies of the originals?
ANSWER:
Order #: 76091.013
the regular cour: se of your business?
Were these records and/or films made and kept in
ANSWER:
ess, or institution, did the person who signed
In the regular cour: se of business of your practice, busin r
and/o r films either have perso nal knowledge of the entries shown on the records and/o
the recor ds personal
films, or obtain the information to make
the entries from the source: s who have such
knowledge?
ANSWER:
under
! itted to your files and thereafter maintained
Were such memoranda or documents then transm
contro! | as custodian of this facility?
your care, supervision, direction, custody or
ANSWER:
part of
transmitted to your files original entries on the
Were the memoranda or documents th: at were
of the staff of this facility?
the Custodian or other employee or mem! ber
ANSWER:
the time of the events and conditions they record?
Were the records and/ or films prepared at or about
ANSWER:
in the previous questions?
Were these records and/or films kept as described
ANSWER:
ds and/or fil Ims. Have you produced records
i 10. Pleas ¢ examine copies of the original requested recor
and/or films for attachment to this Deposition?
ANSWER:
original records and/o r films before making these
ll Has anything been removed from or altered in the
copies?
ANSWER:
fully and precisely what alterations were
12 If you have answered the previo us question yes, pleas e state every document re moved from the
made in the original records an d/or films and attach copies of
originals.
ANSWER:
Order #: 76091.013
fiche) or
found, are there document archives (i.e. micro
13 In the event that no records and/or films can be e of
absence? If so, please identify who has knowledg
document retention policies which explain t heir
d facility.
those archives or policies of the above name
ANSWER:
of imaging),
fi Im(s), x-rays, (CT Scans, MRI’s, any sort
14. Does your facility take or maintain radiology
on patients? ANSWER: (circle one) YES/NO
you attach a copy?
a) If YES, were any taken on this patient and did
ANSWER: (circle one) YES/NO
time of trial
subp oena you or your employer to court at the
15, Are you aware that it may be necessary to espo nden ce, or other
documents, records, general corr
if you have not provided all of the. .pay pers, notes, takin g your
above named individual to the N otary Public
tangible items of any kind pertaining to the
deposition?
ANSWER: (circle one) YES/NO
answers to the above questions are the truth, the
dian of Record, do swear or affirm that my
I, Custo
me God.
whole truth and nothing but the truth, so help
Custodian of Record
tenographic
I, Notary Public, do hereby certify the
above Custodian was duly sworn and the non-s
mony.
recor rd of the Custodian testi
recording of this Written Deposition is a true
OF OFFICE, THIS DAY OF
GIVEN UNDER MY HAND AND SEAL
ee
520.
FOR THE STATE OF TX
SIGNATURE OF NOTARY PUBLIC IN AND
PRINTED
NAME OF NOTARY PUBLIC TYPED OR
My Commission expires,
Order #: 76091.013
CAUSE NO: 23-04-05276
JOSEPH D. ABELL IN THE DISTRICT COURT OF
vs. MONTGOMERY COUNTY, TEXAS
KROGER TEXAS, L.P. d/b/a KROGER
STORE NO. K034 EAST/HOUSTON 457TH JUDICIAL DISTRICT
DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS,
CUSTODIAN OF RECORDS FOR:
HOUSTON METHODIST COMPREHENSIVE CARE CENTER
RECORDS/FILMS PERTAINING TO: JOSEPH DAVID ABELL
1 State your full name and occupation, address and telephone number.
ANSWER: (NAME)
(OCCUPATION).
(ADDRESS)
(CITY, STATE, ZIP)
(TELEPHONE #)
In response to the Subpoena Duces Tecum you received, have you produced ANY AND ALL
MEDICAL RECORDS AND RADIOLOGY FILMS (EXCLUDING BILLING RECORDS)
FROM ALL DATES OF TREATMENT AND/OR INJURY, INCLUDING BUT NOT
LIMITED TO, DOCTOR'S NOTES, EVALUATIONS, OFFICE NOTES, PROGRESS
NOTES, CORRESPONDENCE WITH OTHER PHYSICIANS, THERAPISTS, HOSPITALS
AND/OR HEALTHCARE PROVIDERS, LAB REPORTS, PATHOLOGY REPORTS, ALL
OTHER DIAGNOSTIC REPORTS, INCLUDED ON CD ALL DIAGNOSTIC IMAGING,
INCLUDING BUT NOT LIMITED TO MRI'S, CT SCANS, X-RAYS, ETC.,
PRESCRIPTIONS, REFERRALS TO OTHER HEALTH CARE _ PROVIDERS,
AMBULANCE RECORDS, HOSPITAL RECORDS, THERAPIST S' RECORDS, PATIENT
INFORMATION FORMS, PATIENT INSURANCE FORMS, INTAKE FORMS, NURSES'
NOTES, LETTERS OF PROTECTION, EVERY SUCH RECORD, INCLUDING BUT NOT
LIMITED TO, THOSE EXISTING IN ELECTRONIC OR MAGNETIC FORM, INCLUDING
CORRESPONDENCE IN THE POSSESSION, CUSTODY OR CONTROL OF THE SAID
WITNESS AND EVERY SUCH RECORDS TO WHICH THE WITNESS MAY HAVE
ACCESS PERTAINING TO the above named?
ANSWER:
Are you able to identify these records/films as the originals or true and correct copies of the originals?
ANSWER:
Order #: 76091.015
Were these records and/or films made and kept in the regular course of your business?
ANSWER:
In the regular course of business of your practice, business, or institution, did the person who signed
the records and/or films either have personal knowledge of the entries shown on the records and/or
films, or obtain the information to make the entries from the sources who have such personal
knowledge?
ANSWER:
Were such memoranda or documents then transmitted to your files and thereafter maintained under
your care, supervision, direction, custody or control as custodian of this facility?
ANSWER:
Were the memoranda or documents that were transmitted to your files original entries on the part of
the Custodian or other employee or member of the staff of this facility?
ANSWER:
Were the records and/or films prepared at or about the time of the events and conditions they record?
ANSWER:
Were these records and/or films kept as described in the previous questions?
ANSWER:
10. Please examine copies of the original requested records and/or films. Have you produced records
and/or films for attachment to this Deposition?
ANSWER:
11 Has anything been removed from or altered in the original records and/or films before making these
copies?
ANSWER:
12 If you have answered the previous question yes, please state fully and precisely what alterations were
made in the original records and/or films and attach copies of every document removed from the
originals.
ANSWER:
Order #: 76091.015
13 In the event that no records and/or films can be found, are there document archives (i.e. microfiche) or
document retention policies which explain their absence? If so, please identify who has knowledge of
those archives or policies of the above named facility.
ANSWER:
14 Does your facility take or maintain radiology film(s), x-rays, (CT Scans, MRI’s, any sort of imaging),
on patients? ANSWER: (circle one) YES/NO
a) If YES, were any taken on this patient and did you attach a copy?
ANSWER: (circle one) YES/NO
15, Are you aware that it may be necessary to subpoena you or your employer to court at the time of trial
if you have not provided all of the papers, notes, documents, records, general correspondence, or other
tangible items of any kind pertaining to the above named individual to the Notary Public taking your
deposition?
ANSWER: (circle one) YES/NO
I, Custodian of Record, do swear or affirm that my answers to the above questions are the truth, the
whole truth and nothing but the truth, so help me God.
Custodian of Record
I, Notary Public, do hereby certify the above Custodian was duly sworn and the non-stenographic
recording of this Written Deposition is a true record of the Custodian testimony.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS DAY OF
— O_,
SIGNATURE OF NOTARY PUBLIC IN AND FOR THE STATE OF TX
NAME OF NOTARY PUBLIC TYPED OR PRINTED
My Commission expires
Order #: 76091.015
23-04-05276
Joseph D. Abell vs. Kroger Texas, L.P., et al
SUBPOENA DUCES TECUM
County of Montgomery
THE STATE OF TEXAS
Greeting, 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: You are hereby commanded to subpoena and summon the following witness(es):
Des nated Custodian of Records for: ENCOMPASS HEALTH
RE ABILITATION HOSPITAL VISION PARK
to be and appear before a Notary Public of my designation for Written Deposition Service, LLC, 1755 Whittington Place,
Suite 750, Dallas, TX 75234, on or after 08/28/2023 at the office of the summoned witness. 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
AND RADIOLOGY FILMS (EXCLUDING BILLING RECORDS) FROM ALL DATES OF
TREATMENT AND/OR INJURY,
INCLUDING BUT NOT LIMITED TO, DOCTOR'S NOTES, EVALUATIONS, OFFICE
NOTES, PROGRESS NOTES, CORRESPONDENCE WITH OTHER PHYSICIANS, THERAPISTS, HOSPITALS AND/OR
HEALTHCARE PROVIDERS, LAB REPORTS, PATHOLOGY REPORTS, ALL OTHER DIAGNOSTIC REPORTS, INCLUDED
ON CD ALL DIAGNOSTIC IMAGING, INCLUDING BUT NOT LIMITED TO MRI'S, CT SCANS, X-RAYS, ETC.,
PRESCRIPTIONS, REFERRALS TO OTHER HEALTH CARE PROVIDERS, AMBULANCE RECORDS, HOSPITAL
RECORDS, THERAPISTS' RECORDS, PATIENT INFORMATION FORMS, PATIENT INSURANCE FORMS, INTAKE
FORMS, NURSES’ NOTES, LETTERS OF PROTECTION, EVERY SUCH RECORD, INCLUDING BUT NOT LIMITED TO,
THOSE EXISTING IN ELECTRONIC OR MAGNETIC FORM, INCLUDING CORRESPONDENCE IN THE POSSESSION,
CUSTODY OR CONTROL OF THE SAID WITNESS AND EVERY SUCH RECORDS TO WHICH THE WITNESS MAY HAVE
ACCESS PERTAINING TO JOSEPH DAVID ABELL; DOB: at any-and all times whatsoever.
Then and there to give evidence at the instance of the Defendant, Reddy Ice, LLC, represented by Lindsay Gorbacl
Igorbach@mayerllp.com Texas Bar No. 24059839 Attorney of Record, in that Certain Cause No. 23-04-05276, pending on the
docket of the District Court of the 457th Judicial District of Montgomery 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
Joseph D, Abell vs. Kroger Texas, L.P., et al
and there remain from day to day and ah to time until discharged according to law.
WITNESS MY HAND, this_ 0!”
Silty, N WHITESIDES
Notary Public, State of Texas;
Comm. Expires 12-07-2023
JW PUBLIC
{SP Ton co tery IP 128346425 ) 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. This subpoena falls under exception to
confidentiality, Rule 509 (e) Texas rules of Civil Evidence.
OFFICER'S RETUR
Came to hand this day of and executed this the day of 20 in
the following manner: By delivering to the witness a true copy hereof,
with attached witness fee of $
Returned this day of » 20
PROCESS SERVER
Order No. 76091.001
23-04-05276
Joseph D. Abell vs. Kroger Texas, L.P., et al
SUBPOENA DUCES TECUM
County of Montgomery
THE STATE OF TEXAS
Greeting, 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: You are hereby commanded to subpoena and summon the following witness(es).
Designated Custodian of Records for: SURGICAL SPECIALISTS OF CONROE
to be and appear before a Notary Public of my designation for Written Deposition Service, LLC, 1755 Whittington Place,
Suite 750, Dallas, TX 75234, on or after 08/28/2023 at the office of the summoned witness. 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 AND RADIOLOGY FILMS (EXCLUDING BILLING RECORDS) FROM ALL DATES OF
TREATMENT AND/OR INJURY, INCLUDING BUT NOT LIMITED TO, DOCTOR'S NOTES, EVALUATIONS, OFFICE
NOTES, PROGRESS NOTES, CORRESPONDENCE WITH OTHER PHYSICIANS, THERAPISTS, HOSPITALS AND/OR
HEALTHCARE PROVIDERS, LAB REPORTS, PATHOLOGY REPORTS, ALL OTHER DIAGNOSTIC REPORTS, INCLUDED
ON CD ALL DIAGNOSTIC IMAGING, INCLUDING BUT NOT LIMITED TO MRI'S, CT SCANS, X-RAYS, ETC.,
PRESCRIPTIONS, REFERRALS TO OTHER HEALTH CARE PROVIDERS, AMBULANCE RECORDS, HOSPITAL
RECORDS, THERAPISTS' RECORDS, PATIENT INFORMATION FORMS, PATIENT INSURANCE FORMS, INTAKE
FORMS, NURSES' NOTES, LETTERS OF PROTECTION, EVERY SUCH RECORD, INCLUDING BUT NOT LIMITED TO,
THOSE EXISTING IN ELECTRONIC OR MAGNETIC FORM, INCLUDING CORRESPONDENCE IN THE POSSESSION,
CUSTODY OR CONTROL OF THE SAID WITNESS AND EVERY SUCH RECORDS TO WHICH THE WITNESS MAY HAVE
ACCESS PERTAINING TO JOSEPH DAVID ABELL; at any and all times whatsoever.
DOB
Then and there to give evidence at the instance of the Defendant, Reddy Ice, LLC, represented by Lindsay Gorbach
Igorbach@mayerllp.com Texas Bar No. 24059839 Attorney of Record, in that Certain Cause No. 23-04-05276, pending on the
docket of the District Court of the 457th Judicial District of Montgomery Count: 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
Joseph D. Abell vs. Kroger Texas, L.P., et al
i
and there remain from day to day and ti to time until (un according to law.
WITNESS MY HAND, this odo
day of
Ogu 4
Sy,
N WHITESIDES
lotary Public, State of Texas|
Wii “/\
NOTARY PUBLIC
omm. Expires 12-07-2023
hu Notary IP 328346426 ‘ontempt. 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. This subpoena falls under exception to
confidentiality, Rule 509 (e) Texas rules of Civil Evidence.
OFFICER'S RETU!
Came to hand this day of and executed this the day of 20. in
the following manner: By delivering to the witness , a true copy hereof,
with attached witness fee of $
Returned this day of » 20.
PROCESS SERVER
Order No. 76091.011
———_————
23-04-05276
Joseph D. Abell vs. Kroger Texas, L.P., et al
SUBPOENA DUCES TECUM
County of Montgomery
THE STATE OF TEXAS
Greeting, 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: You are hereby commanded to subpoena and summon the following witness(es):
Designated Custodian of Records for: FOREST LAKE BONE & JOINT
to be and appear before a Notary Public of my designation for Written Deposition Service, LLC, 1755 Whittington Place,
Suite 750, Dallas, TX 75234, on or after 08/28/2023 at the office of the summoned witness. 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 AND RADIOLOGY FILMS (EXCLUDING BILLING RECORDS) FROM ALL DATES OF
TREATMENT AND/OR INJURY, INCLUDING BUT NOT LIMITED TO, DOCTOR'S NOTES, EVALUATIONS, OFFICE
NOTES, PROGRESS NOTES, CORRESPONDENCE WITH OTHER PHYSICIANS, THERAPISTS, HOSPITALS AND/OR
HEALTHCARE PROVIDERS, LAB REPORTS, PATHOLOGY REPORTS, ALL OTHER DIAGNOSTIC REPORTS, INCLUDED
ON CD ALL DIAGNOSTIC IMAGING, INCLUDING BUT NOT LIMITED TO MRI'S, CT SCANS, X-RAYS, ETC.,
PRESCRIPTIONS, REFERRALS TO OTHER HEALTH CARE PROVIDERS, AMBULANCE RECORDS, HOSPITAL
RECORDS, THERAPISTS' RECORDS, PATIENT INFORMATION FORMS, PATIENT INSURANCE FORMS, INTAKE
FORMS, NURSES' NOTES, LETTERS OF PROTECTION, EVERY SUCH RECORD, INCLUDING BUT NOT LIMITED TO,
THOSE EXISTING IN ELECTRONIC OR MAGNETIC FORM, INCLUDING CORRESPONDENCE IN THE POSSESSION,
CUSTODY OR CONTROL OF THE SAID WITNESS
AND EVERY SUCH RECORDS TO WHICH THE WITNESS MAY HAVE
ACCESS PERTAINING TO JOSEPH DAVID ABELL; DOB: at any and all times whatsoever.
Then and there to give evidence at the instance of the Defendant, Reddy Ice, LLC, represented by Lindsay Gorbach
Igorbach@mayerllp.com Texas Bar No. 24059839 Attorney of Record, in that Certain Cause No. 23-04-05276, pending on the
docket of the District Court of the 457th Judicial District of Montgomery Count: 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
Joseph D. Abell vs, Kroger Texas, L.P., et al
and there remain from day to day and time to time until discharged according to law.
WITNESS
3 Wir
MY HAND, this
N WHITESIDES
M4, — Oda
lotary Public, State of Texas|
comm. Expires 12-07-2023 NOTARY PUBLIC
ae.
oe Nota! 1D 126346426.
Intempt. 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. This subpoena falls under exception to
confidentiality, Rule 509 (e) Texas rules of Civil Evidence.
OFFICER" S RET
Came to hand this day of and executed this the day of » 20. » in
the following manner: By delivering to the witness a true copy hereof,
with attached witness fee of $
Returned this day of 20.
PROCESS SERVER
Order No. 76091.013
23-04-05276
Joseph D. Abell vs. Kroger Texas, L.P., et al
SUBPOENA DUCES TECUM
County of Montgomery
THE STATE OF TEXAS
Greeting, 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: You are hereby commanded to subpoena and summon the following witness(es):
Des
co. Mi PREHENSIVE
nated Custodian of Records for:
CARE CENTER
HOUSTON METHODIST
to be and appear before a Notary Public of my designation for Written Deposition Service, LLC,
1755 Whittington Place,
Suite 750, Dallas, TX 75234, on or after 08/28/2023 at the office of the summoned witness. There under oath to make answers
of certain written questions to be propounded to the witness and to bring and produce for inspection and photocopyin
g ANY
AND ALL MEDICAL RECORDS AND
RADIOLOGY FILMS (EXCLUDING BILLING RECORDS) FROM ALL DATES OF
TREATMENT AND/OR INJURY, INCLUDING BUT NOT LIMITED TO, DOCTOR'S NOTES, EVALUATIONS, OFFICE
NOTES, PROGRESS NOTES, CORRESPONDENCE WITH OTHER PHYSICIANS, THERAPISTS,
HOSPITALS AND/OR
HEALTHCARE PROVIDERS, LAB REPORTS, PATHOLOGY REPORTS, ALL OTHER DIAGNOSTIC
REPORTS, INCLUDED
ON CD ALL DIAGNOSTIC IMAGING, INCLUDING BUT NOT LIMITED TO MRI'S, CT SCANS, X-RAYS, ETC.,
PRESCRIPTIONS, REFERRALS TO OTHER HEALTH CARE PROVIDERS, AMBULANCE RECORDS, HOSPITAL
RECORDS, THERAPISTS! RECORDS, PATIENT INFORMATION FORMS, PATIENT INSURANCE FORMS, INTAKE
FORMS, NURSES' NOTES, LETTERS OF PROTECTION, EVERY SUCH RECORD, INCLUDING BUT NOT LIMITED
TO,
THOSE EXISTING IN ELECTRONIC OR MAGNETIC FORM, INCLUDING CORRESPONDENCE IN THE
POSSESSION,
CUSTODY OR CONTROL OF THE SAID WITNESS AND EVERY SUCH RECORDS TO. WHICH THE WITNESS MAY HAVE
ACCESS PERTAINING TO JOSEPH DAVID ABELL; DOB: at any and all times whatsoever.
Then and there to give evidence at the instance of the Defendant, Reddy Ice, LLC, represented by Lindsay Gorbach
lgorbach@mayerllp.com Texas Bar No. 24059839 Attorney of Record, in that Certain Cause No. 23-04-05276,
pending on the
docket of the District Court of the 457th Judicial District of Montgome: Count: 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
Joseph D. Abell vs. Kroger Texas, L.P., et al
Preview
Cause No. 23-04-05276 JOSEPH D. ABELL IN THE DISTRICT COURT OF vs. MONTGOMERY COUNTY, TEXAS KROGER TEXAS, L.P. d/b/a KROGER STORE NO. K034 EAST/HOUSTON 457TH JUDICIAL DISTRICT NOTICE OF INTENTION TO TAKE DEPOSITION BY WRITTEN QUESTIONS TO: ALL PARTIES BY AND THROUGH THEIR ATTORNEY(S) OF RECORD AS PROVIDED IN THE ATTACHED SERVICE LIST. You will take notice that twenty (20) days after the service hereof, with attached questions, a deposition by written questions will be asked of the custodian of records for: ENCOMPASS HEALTH REHABILITATION HOSPITAL - VISION PARK-(Medical Records & Radiology Films) 117 VISION PARK BLVD, SHENANDOAH, TX 77384 SURGICAL SPECIALISTS OF CONROE-(Medical Records & Radiology Films) 508 MEDICAL CENTER BLVD., STE 360, CONROE, TX 77304 FOREST LAKE BONE & JOINT-(Medical Records & Radiology Films) 508 MEDICAL CENTER BLVD., STE 360, CONROE, TX 77304 HOUSTON METHODIST COMPREHENSIVE CARE CENTER-(Medical Records & Radiology Films) 4015 I-45 NORTH, CONROE, TX 77304 Such questions to be answered on or after 08/28/2023, before a Notary Public.at the instance of: Written Deposition Service, LLC 1755 Wittington Place, Suite 750 Dallas, TX 75234 The 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(s) 200 & 201(b), 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: JOSEPH DAVID ABELL 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, Respectfully Submitted, /s/Lindsay Gorbach Lindsay Gorbach SBA #: 24059839 Mayer LLP 750 N. Saint Paul St., Suite 700 Dallas, TX 75201 214-379-6900; Fax 214-379-6939 Igorbach@mayerllp.com Attorney for: Defendant CERTIFICATE OF SERVICE I certify that a true and exact copy of foregoing Notice of Intention to Take Deposition upon Written Questions was served to all attorneys of record in the above-s tyled and numbere d matter, said service being effected in the following manner: CERTIFIED MAIL/RETURN RECEIPT REQUESTED HAND DELIVERY TELECOPY OVERNIGHT/NEXT DAY DELIVERY VIA LONE STAR OR UPS E-MAIL v E-FILE patep:_% lsh, BY: /s/ Nicole Whitesides SERVED TO ALL PARTIES LISTED BELOW: Joseph D. Abell vs. Kroger Texas, L.P., et al ATTORNEYS OF RECORD Brock C. Akers The Akers Firm 3401 Allen Parkway, Ste 101 Houston, TX 77019 713-877-2500; Fax: 713-583-8662 Attorney For: Defendant Dustin Causey Hope & Causey, P.C. 815 West Davis, Ste 300 Conroe, TX 77301 936-441-4673; Fax: 936-441-4674 Attorney For: Plaintiff CAUSE NO: 23-04-05276 JOSEPH D. ABELL IN THE DISTRICT COURT OF vs. MONTGOMERY COUNTY, TEXAS KROGER TEXAS, L.P. d/b/a KROGER STORE NO. K034 EAST/HOUSTON 457TH JUDICIAL DISTRICT DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS, CUSTODIAN OF RECORDS FOR: ENCOMPASS HEALTH REHABILITATION HOSPITAL - VISION PARK RECORDS/FILMS PERTAINING TO: JOSEPH DAVID ABELL 1 State your full name and occupation, address and telephone number. ANSWER: (NAME) (OCCUPATION), (ADDRESS) (CITY, STATE, ZIP). (TELEPHONE #) In response to the Subpoena Duces Tecum you received, have you produced ANY AND ALL MEDICAL RECORDS AND RADIOLOGY FILMS (EXCLUDING BILLING RECORDS ) FROM ALL DATES OF TREATMENT AND/OR INJURY, INCLUDING BUT NOT LIMITED TO, DOCTOR'S NOTES, EVALUATIONS, OFFICE NOTES, PROGRESS NOTES, CORRESPONDENCE WITH OTHER PHYSICIANS, THERAPISTS, HOSPIT ALS AND/OR HEALTHCARE PROVIDERS, LAB REPORTS, PATHOLOGY REPORTS, ALL OTHER DIAGNOSTIC REPORTS, INCLUDED ON CD ALL DIAGNOSTIC IMAGING, INCLUDING BUT NOT LIMITED TO MRI'S, CT SCANS, X-RAYS, ETC, PRESCRIPTIONS, REFERRALS TO OTHER HEALTH CARE PROVIDERS, AMBULANCE RECORDS, HOSPITAL RECORDS, THERAPISTS' RECORDS, PATIENT INFORMATION FORMS, PATIENT INSURANCE FORMS, INTAKE FORMS, NURSES' NOTES, LETTERS OF PROTECTION, EVERY SUCH RECORD, INCLUDING BUT NOT LIMITED TO, THOSE EXISTING IN ELECTRONIC OR MAGNETIC FORM, INCLUDING CORRESPONDENCE IN THE POSSESSION, CUSTODY OR CONTROL OF THE SAID WITNESS AND EVERY SUCH RECORDS TO WHICH THE WITNESS MAY HAVE ACCESS PERTAINING TO the above named? ANSWER: Are you able to identify these records/films as the originals or true and correct copies of the originals? ANSWER: Order #: 76091.001 Were these records and/or films made and kept in the regular course of your business? ANSWER: In the regular course of business of your practice, business, or institution, did the person who signed the records and/or films either have personal knowledge of the entries shown on the records and/or films, or obtain the information to make the entries from the sources who have such personal knowledge? ANSWER: Were such memoranda or documents then transmitted to your files and thereafter maintained under your care, supervision, direction, custody or control as custodian of this facility? ANSWER: Were the memoranda or documents that were transmitted to your files original entries on the part of the Custodian or other employee or member of the staff of this facility? ANSWER: Were the records and/or films prepared at or about the time of the events and conditions they record? ANSWER: Were these records and/or films kept as described in the previous questions? ANSWER: 10. Please examine copies of the original requested records and/or films. Have you produced records and/or films for attachment to this Deposition? ANSWER: 1] Has anything been removed from or altered in the original records and/or films before making these copies? ANSWER: 12, If you have answered the previous question yes, please state fully and precisely what alteration s were made in the original records and/or films and attach copies of every document removed from the originals. ANSWER: Order #: 76091.001 13 In the event that no records and/or films can be found, are there document archives (i.e. microfiche) or document retention policies which explain their absence? If so, please identify who has knowledge of those archives or policies of the above named facility. ANSWER: 14, Does your facility take or maintain radiology film(s), x-rays, (CT Scans, MRI’s, any sort of imaging), on patients? ANSWER: (circle one) YES/NO a) If YES, were any taken on this patient and did you attach a copy? ANSWER: (circle one) YES/NO 15, Are you aware that it may be necessary to subpoena you or your employer to court at the time of trial if you have not provided all of the papers, notes, documents, records, general correspondence, or other tangible items of any kind pertaining to the above named individual to the Notary Public taking your deposition? ANSWER: (circle one) YES/NO I, Custodian of Record, do swear or affirm that my answers to the above questions are the truth, the whole truth and nothing but the truth, so help me God. Custodian of Record I, Notary Public, do hereby certify the above Custodian was duly sworn and the non-stenographic recording of this Written Deposition is a true record of the Custodian testimony. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS DAY OF »20_., SIGNATURE OF NOTARY PUBLIC IN AND FOR THE STATE OF TX NAME OF NOTARY PUBLIC TYPED OR PRINTED My Commission expires Order #: 76091.001 CAUSE NO: 23-04-05276 JOSEPH D. ABELL § IN THE DISTRICT COURT OF § ys. § MONTGOMERY COUNTY, TEXAS § KROGER TEXAS, L.P. d/b/a KROGER § STORE NO. K034 EAST/HOUSTON § 457TH JUDICIAL DISTRICT DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS, CUSTODIAN OF RECORDS FOR: SURGICAL SPECIALISTS OF CONROE RECORDS/FILMS PERTAINING TO: JOSEPH DAVID ABELL 1 State your full name and occupation, address and telephone number. ANSWER: (NAME) (OCCUPATION). (ADDRESS) (CITY, STATE, ZIP) (TELEPHONE #) In response to the Subpoena Duces Tecum you received, have you produced ANY AND ALL MEDICAL RECORDS AND RADIOLOGY FILMS (EXCLUDING BILLING RECORDS) FROM ALL DATES OF TREATMENT AND/OR INJURY, INCLUDING BUT NOT LIMITED TO, DOCTOR'S NOTES, EVALUATIONS, OFFICE NOTES, PROGRESS NOTES, CORRESPONDENCE WITH OTHER PHYSICIANS, THERAPISTS, HOSPITALS AND/OR HEALTHCARE PROVIDERS, LAB REPORTS, PATHOLOGY REPORTS, ALL OTHER DIAGNOSTIC REPORTS, INCLUDED ON CD ALL DIAGNOSTIC IMAGING, INCLUDING BUT NOT LIMITED TO MRI's, CT SCANS, X-RAYS, ETC, PRESCRIPTIONS, REFERRALS TO OTHER HEALTH CARE PROVIDERS, AMBULANCE RECORDS, HOSPITAL RECORDS, THERAPISTS' RECORDS, PATIENT INFORMATION FORMS, PATIENT INSURANCE FORMS, INTAKE FORMS, NURSES' NOTES, LETTERS OF PROTECTION, EVERY SUCH RECORD, INCLUDING BUT NOT LIMITED TO, THOSE EXISTING IN ELECTRONIC OR MAGNETIC FORM, INCLUDING CORRESPONDENCE IN THE POSSESSION, CUSTODY OR CONTROL OF THE SAID WITNESS AND EVERY SUCH RECORDS TO WHICH THE WITNESS MAY HAVE ACCESS PERTAINING TO the above named? ANSWER: Are you able to identify these records/films as the originals or true and correct copies of the originals? ANSWER: Order #: 76091.011 Were these records and/or films made and kept in the regular course of your business? ANSWER: In the regular course of business of your practice, business, or institution, did the person who signed the records and/or films either have personal knowledge of the entries shown on the records and/or films, or obtain the information to make the entries from the sources who have such personal knowledge? ANSWER: Were such memoranda or documents then transmitted to your files and thereafter maintained under your care, supervision, direction, custody or control as custodian of this facility? ANSWER: Were the memoranda or documents that were transmitted to your files original entries on the part of the Custodian or other employee or member of the staff of this facility? ANSWER: Were the records and/or films prepared at or about the time of the events and conditions they record? ANSWER: Were these records and/or films kept as described in the previous questions? ANSWER: 10. Please examine copies of the original requested records and/or films. Have you produced records and/or films for attachment to this Deposition? ANSWER: 11 Has anything been removed from or altered in the original records and/or films before making these copies? ANSWER: 12. If you have answered the previous question yes, please state fully and precisely what alterations were made in the original records and/or films and attach copies of every document removed from the originals, ANSWER: Order #: 76091.011 13 In the event that no records and/or films can be found, are there document archives (i.e. microfiche) or document retention policies which explain their absence? If so, please identify who has knowledge of those archives or policies of the above named facility. ANSWER: 14 Does your facility take or maintain radiology film(s), x-rays, (CT Scans, MRI’s, any sort of imaging), on patients? ANSWER: (circle one) YES/NO a) IfYES, were any taken on this patient and did you attach a copy? ANSWER: (circle one) YES/NO 15 Are you aware that it may be necessary to subpoena you or your employer to court at the time of trial if you have not provided all of the papers, notes, documents, records, general correspondence, or other tangible items of any kind pertaining to the above named individual to the Notary Public taking your deposition? ANSWER: (circle one) YES/NO I, Custodian of Record, do swear or affirm that my answers to the above questions are the truth, the whole truth and nothing but the truth, so help me God. Custodian of Record I, Notary Public, do hereby certify the above Custodian was duly sworn and the non-stenographic recording of this Written Deposition is a true record of the Custodian testimony. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS DAY OF 520_. SIGNATURE OF NOTARY PUBLIC IN AND FOR THE STATE OF TX NAME OF NOTARY PUBLIC TYPED OR PRINTED My Commission expires. Order#: 76091.011 CAUSE NO: 23-04-05276 JOSEPH D. ABELL IN THE DISTRICT COURT OF vs. MONTGOMERY COUNTY, TEXAS KROGER TEXAS, L.P. d/b/a KROGER STORE NO. K034 EAST/HOUSTON 457TH JUDICIAL DISTRICT DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS, CUSTODIAN OF RECORDS FOR: FOREST LAKE BONE & JOINT RECORDS/FILMS PERTAINING TO: JOSEPH DAVID ABELL 1 State your full name and occupation, address and telephone number. ANSWER: (NAME) (OCCUPATION), (ADDRESS) (CITY, STATE, ZIP) (TELEPHONE #) In response to the Subpoena Duces Tecum you received, have you produced ANY AND ALL MEDICAL RECORDS AND RADIOLOGY FILMS (EXCLUDING BILLING RECORDS) FROM ALL DATES OF TREATMENT AND/OR INJURY, INCLUDING BUT NOT LIMITED TO, DOCTOR'S NOTES, EVALUATIONS, OFFICE NOTES, PROGRESS NOTES, CORRESPONDENCE WITH OTHER PHYSICIANS, THERAPISTS, HOSPITALS AND/OR HEALTHCARE PROVIDERS, LAB REPORTS, PATHOLOGY REPORTS, ALL OTHER DIAGNOSTIC REPORTS, INCLUDED ON CD ALL DIAGNOSTIC IMAGING, INCLUDING BUT NOT LIMITED TO MRI'S, CT SCANS, X-RAYS, ETC., PRESCRIPTIONS, REFERRALS TO OTHER HEALTH CARE PROVIDERS, AMBULANCE RECORDS, HOSPITAL RECORDS, THERAPISTS' RECORDS, PATIENT INFORMATION FORMS, PATIENT INSURANCE FORMS, INTAKE FORMS, NURSES' NOTES, LETTERS OF PROTECTION, EVERY SUCH RECORD, INCLUDING BUT NOT LIMITED TO, THOSE EXISTING IN ELECTRONIC OR MAGNETIC FORM, INCLUDING CORRESPONDENCE IN THE POSSESSION, CUSTODY OR CONTROL OF THE SAID WITNESS AND EVERY SUCH RECORDS TO WHICH THE WITNESS MAY HAVE ACCESS PERTAINING TO the above named? ANSWER: Are you able to identify these records/films as the originals or true and correct copies of the originals? ANSWER: Order #: 76091.013 the regular cour: se of your business? Were these records and/or films made and kept in ANSWER: ess, or institution, did the person who signed In the regular cour: se of business of your practice, busin r and/o r films either have perso nal knowledge of the entries shown on the records and/o the recor ds personal films, or obtain the information to make the entries from the source: s who have such knowledge? ANSWER: under ! itted to your files and thereafter maintained Were such memoranda or documents then transm contro! | as custodian of this facility? your care, supervision, direction, custody or ANSWER: part of transmitted to your files original entries on the Were the memoranda or documents th: at were of the staff of this facility? the Custodian or other employee or mem! ber ANSWER: the time of the events and conditions they record? Were the records and/ or films prepared at or about ANSWER: in the previous questions? Were these records and/or films kept as described ANSWER: ds and/or fil Ims. Have you produced records i 10. Pleas ¢ examine copies of the original requested recor and/or films for attachment to this Deposition? ANSWER: original records and/o r films before making these ll Has anything been removed from or altered in the copies? ANSWER: fully and precisely what alterations were 12 If you have answered the previo us question yes, pleas e state every document re moved from the made in the original records an d/or films and attach copies of originals. ANSWER: Order #: 76091.013 fiche) or found, are there document archives (i.e. micro 13 In the event that no records and/or films can be e of absence? If so, please identify who has knowledg document retention policies which explain t heir d facility. those archives or policies of the above name ANSWER: of imaging), fi Im(s), x-rays, (CT Scans, MRI’s, any sort 14. Does your facility take or maintain radiology on patients? ANSWER: (circle one) YES/NO you attach a copy? a) If YES, were any taken on this patient and did ANSWER: (circle one) YES/NO time of trial subp oena you or your employer to court at the 15, Are you aware that it may be necessary to espo nden ce, or other documents, records, general corr if you have not provided all of the. .pay pers, notes, takin g your above named individual to the N otary Public tangible items of any kind pertaining to the deposition? ANSWER: (circle one) YES/NO answers to the above questions are the truth, the dian of Record, do swear or affirm that my I, Custo me God. whole truth and nothing but the truth, so help Custodian of Record tenographic I, Notary Public, do hereby certify the above Custodian was duly sworn and the non-s mony. recor rd of the Custodian testi recording of this Written Deposition is a true OF OFFICE, THIS DAY OF GIVEN UNDER MY HAND AND SEAL ee 520. FOR THE STATE OF TX SIGNATURE OF NOTARY PUBLIC IN AND PRINTED NAME OF NOTARY PUBLIC TYPED OR My Commission expires, Order #: 76091.013 CAUSE NO: 23-04-05276 JOSEPH D. ABELL IN THE DISTRICT COURT OF vs. MONTGOMERY COUNTY, TEXAS KROGER TEXAS, L.P. d/b/a KROGER STORE NO. K034 EAST/HOUSTON 457TH JUDICIAL DISTRICT DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS, CUSTODIAN OF RECORDS FOR: HOUSTON METHODIST COMPREHENSIVE CARE CENTER RECORDS/FILMS PERTAINING TO: JOSEPH DAVID ABELL 1 State your full name and occupation, address and telephone number. ANSWER: (NAME) (OCCUPATION). (ADDRESS) (CITY, STATE, ZIP) (TELEPHONE #) In response to the Subpoena Duces Tecum you received, have you produced ANY AND ALL MEDICAL RECORDS AND RADIOLOGY FILMS (EXCLUDING BILLING RECORDS) FROM ALL DATES OF TREATMENT AND/OR INJURY, INCLUDING BUT NOT LIMITED TO, DOCTOR'S NOTES, EVALUATIONS, OFFICE NOTES, PROGRESS NOTES, CORRESPONDENCE WITH OTHER PHYSICIANS, THERAPISTS, HOSPITALS AND/OR HEALTHCARE PROVIDERS, LAB REPORTS, PATHOLOGY REPORTS, ALL OTHER DIAGNOSTIC REPORTS, INCLUDED ON CD ALL DIAGNOSTIC IMAGING, INCLUDING BUT NOT LIMITED TO MRI'S, CT SCANS, X-RAYS, ETC., PRESCRIPTIONS, REFERRALS TO OTHER HEALTH CARE _ PROVIDERS, AMBULANCE RECORDS, HOSPITAL RECORDS, THERAPIST S' RECORDS, PATIENT INFORMATION FORMS, PATIENT INSURANCE FORMS, INTAKE FORMS, NURSES' NOTES, LETTERS OF PROTECTION, EVERY SUCH RECORD, INCLUDING BUT NOT LIMITED TO, THOSE EXISTING IN ELECTRONIC OR MAGNETIC FORM, INCLUDING CORRESPONDENCE IN THE POSSESSION, CUSTODY OR CONTROL OF THE SAID WITNESS AND EVERY SUCH RECORDS TO WHICH THE WITNESS MAY HAVE ACCESS PERTAINING TO the above named? ANSWER: Are you able to identify these records/films as the originals or true and correct copies of the originals? ANSWER: Order #: 76091.015 Were these records and/or films made and kept in the regular course of your business? ANSWER: In the regular course of business of your practice, business, or institution, did the person who signed the records and/or films either have personal knowledge of the entries shown on the records and/or films, or obtain the information to make the entries from the sources who have such personal knowledge? ANSWER: Were such memoranda or documents then transmitted to your files and thereafter maintained under your care, supervision, direction, custody or control as custodian of this facility? ANSWER: Were the memoranda or documents that were transmitted to your files original entries on the part of the Custodian or other employee or member of the staff of this facility? ANSWER: Were the records and/or films prepared at or about the time of the events and conditions they record? ANSWER: Were these records and/or films kept as described in the previous questions? ANSWER: 10. Please examine copies of the original requested records and/or films. Have you produced records and/or films for attachment to this Deposition? ANSWER: 11 Has anything been removed from or altered in the original records and/or films before making these copies? ANSWER: 12 If you have answered the previous question yes, please state fully and precisely what alterations were made in the original records and/or films and attach copies of every document removed from the originals. ANSWER: Order #: 76091.015 13 In the event that no records and/or films can be found, are there document archives (i.e. microfiche) or document retention policies which explain their absence? If so, please identify who has knowledge of those archives or policies of the above named facility. ANSWER: 14 Does your facility take or maintain radiology film(s), x-rays, (CT Scans, MRI’s, any sort of imaging), on patients? ANSWER: (circle one) YES/NO a) If YES, were any taken on this patient and did you attach a copy? ANSWER: (circle one) YES/NO 15, Are you aware that it may be necessary to subpoena you or your employer to court at the time of trial if you have not provided all of the papers, notes, documents, records, general correspondence, or other tangible items of any kind pertaining to the above named individual to the Notary Public taking your deposition? ANSWER: (circle one) YES/NO I, Custodian of Record, do swear or affirm that my answers to the above questions are the truth, the whole truth and nothing but the truth, so help me God. Custodian of Record I, Notary Public, do hereby certify the above Custodian was duly sworn and the non-stenographic recording of this Written Deposition is a true record of the Custodian testimony. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS DAY OF — O_, SIGNATURE OF NOTARY PUBLIC IN AND FOR THE STATE OF TX NAME OF NOTARY PUBLIC TYPED OR PRINTED My Commission expires Order #: 76091.015 23-04-05276 Joseph D. Abell vs. Kroger Texas, L.P., et al SUBPOENA DUCES TECUM County of Montgomery THE STATE OF TEXAS Greeting, 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: You are hereby commanded to subpoena and summon the following witness(es): Des nated Custodian of Records for: ENCOMPASS HEALTH RE ABILITATION HOSPITAL VISION PARK to be and appear before a Notary Public of my designation for Written Deposition Service, LLC, 1755 Whittington Place, Suite 750, Dallas, TX 75234, on or after 08/28/2023 at the office of the summoned witness. 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 AND RADIOLOGY FILMS (EXCLUDING BILLING RECORDS) FROM ALL DATES OF TREATMENT AND/OR INJURY, INCLUDING BUT NOT LIMITED TO, DOCTOR'S NOTES, EVALUATIONS, OFFICE NOTES, PROGRESS NOTES, CORRESPONDENCE WITH OTHER PHYSICIANS, THERAPISTS, HOSPITALS AND/OR HEALTHCARE PROVIDERS, LAB REPORTS, PATHOLOGY REPORTS, ALL OTHER DIAGNOSTIC REPORTS, INCLUDED ON CD ALL DIAGNOSTIC IMAGING, INCLUDING BUT NOT LIMITED TO MRI'S, CT SCANS, X-RAYS, ETC., PRESCRIPTIONS, REFERRALS TO OTHER HEALTH CARE PROVIDERS, AMBULANCE RECORDS, HOSPITAL RECORDS, THERAPISTS' RECORDS, PATIENT INFORMATION FORMS, PATIENT INSURANCE FORMS, INTAKE FORMS, NURSES’ NOTES, LETTERS OF PROTECTION, EVERY SUCH RECORD, INCLUDING BUT NOT LIMITED TO, THOSE EXISTING IN ELECTRONIC OR MAGNETIC FORM, INCLUDING CORRESPONDENCE IN THE POSSESSION, CUSTODY OR CONTROL OF THE SAID WITNESS AND EVERY SUCH RECORDS TO WHICH THE WITNESS MAY HAVE ACCESS PERTAINING TO JOSEPH DAVID ABELL; DOB: at any-and all times whatsoever. Then and there to give evidence at the instance of the Defendant, Reddy Ice, LLC, represented by Lindsay Gorbacl Igorbach@mayerllp.com Texas Bar No. 24059839 Attorney of Record, in that Certain Cause No. 23-04-05276, pending on the docket of the District Court of the 457th Judicial District of Montgomery 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 Joseph D, Abell vs. Kroger Texas, L.P., et al and there remain from day to day and ah to time until discharged according to law. WITNESS MY HAND, this_ 0!” Silty, N WHITESIDES Notary Public, State of Texas; Comm. Expires 12-07-2023 JW PUBLIC {SP Ton co tery IP 128346425 ) 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. This subpoena falls under exception to confidentiality, Rule 509 (e) Texas rules of Civil Evidence. OFFICER'S RETUR Came to hand this day of and executed this the day of 20 in the following manner: By delivering to the witness a true copy hereof, with attached witness fee of $ Returned this day of » 20 PROCESS SERVER Order No. 76091.001 23-04-05276 Joseph D. Abell vs. Kroger Texas, L.P., et al SUBPOENA DUCES TECUM County of Montgomery THE STATE OF TEXAS Greeting, 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: You are hereby commanded to subpoena and summon the following witness(es). Designated Custodian of Records for: SURGICAL SPECIALISTS OF CONROE to be and appear before a Notary Public of my designation for Written Deposition Service, LLC, 1755 Whittington Place, Suite 750, Dallas, TX 75234, on or after 08/28/2023 at the office of the summoned witness. 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 AND RADIOLOGY FILMS (EXCLUDING BILLING RECORDS) FROM ALL DATES OF TREATMENT AND/OR INJURY, INCLUDING BUT NOT LIMITED TO, DOCTOR'S NOTES, EVALUATIONS, OFFICE NOTES, PROGRESS NOTES, CORRESPONDENCE WITH OTHER PHYSICIANS, THERAPISTS, HOSPITALS AND/OR HEALTHCARE PROVIDERS, LAB REPORTS, PATHOLOGY REPORTS, ALL OTHER DIAGNOSTIC REPORTS, INCLUDED ON CD ALL DIAGNOSTIC IMAGING, INCLUDING BUT NOT LIMITED TO MRI'S, CT SCANS, X-RAYS, ETC., PRESCRIPTIONS, REFERRALS TO OTHER HEALTH CARE PROVIDERS, AMBULANCE RECORDS, HOSPITAL RECORDS, THERAPISTS' RECORDS, PATIENT INFORMATION FORMS, PATIENT INSURANCE FORMS, INTAKE FORMS, NURSES' NOTES, LETTERS OF PROTECTION, EVERY SUCH RECORD, INCLUDING BUT NOT LIMITED TO, THOSE EXISTING IN ELECTRONIC OR MAGNETIC FORM, INCLUDING CORRESPONDENCE IN THE POSSESSION, CUSTODY OR CONTROL OF THE SAID WITNESS AND EVERY SUCH RECORDS TO WHICH THE WITNESS MAY HAVE ACCESS PERTAINING TO JOSEPH DAVID ABELL; at any and all times whatsoever. DOB Then and there to give evidence at the instance of the Defendant, Reddy Ice, LLC, represented by Lindsay Gorbach Igorbach@mayerllp.com Texas Bar No. 24059839 Attorney of Record, in that Certain Cause No. 23-04-05276, pending on the docket of the District Court of the 457th Judicial District of Montgomery Count: 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 Joseph D. Abell vs. Kroger Texas, L.P., et al i and there remain from day to day and ti to time until (un according to law. WITNESS MY HAND, this odo day of Ogu 4 Sy, N WHITESIDES lotary Public, State of Texas| Wii “/\ NOTARY PUBLIC omm. Expires 12-07-2023 hu Notary IP 328346426 ‘ontempt. 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. This subpoena falls under exception to confidentiality, Rule 509 (e) Texas rules of Civil Evidence. OFFICER'S RETU! Came to hand this day of and executed this the day of 20. in the following manner: By delivering to the witness , a true copy hereof, with attached witness fee of $ Returned this day of » 20. PROCESS SERVER Order No. 76091.011 ———_———— 23-04-05276 Joseph D. Abell vs. Kroger Texas, L.P., et al SUBPOENA DUCES TECUM County of Montgomery THE STATE OF TEXAS Greeting, 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: You are hereby commanded to subpoena and summon the following witness(es): Designated Custodian of Records for: FOREST LAKE BONE & JOINT to be and appear before a Notary Public of my designation for Written Deposition Service, LLC, 1755 Whittington Place, Suite 750, Dallas, TX 75234, on or after 08/28/2023 at the office of the summoned witness. 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 AND RADIOLOGY FILMS (EXCLUDING BILLING RECORDS) FROM ALL DATES OF TREATMENT AND/OR INJURY, INCLUDING BUT NOT LIMITED TO, DOCTOR'S NOTES, EVALUATIONS, OFFICE NOTES, PROGRESS NOTES, CORRESPONDENCE WITH OTHER PHYSICIANS, THERAPISTS, HOSPITALS AND/OR HEALTHCARE PROVIDERS, LAB REPORTS, PATHOLOGY REPORTS, ALL OTHER DIAGNOSTIC REPORTS, INCLUDED ON CD ALL DIAGNOSTIC IMAGING, INCLUDING BUT NOT LIMITED TO MRI'S, CT SCANS, X-RAYS, ETC., PRESCRIPTIONS, REFERRALS TO OTHER HEALTH CARE PROVIDERS, AMBULANCE RECORDS, HOSPITAL RECORDS, THERAPISTS' RECORDS, PATIENT INFORMATION FORMS, PATIENT INSURANCE FORMS, INTAKE FORMS, NURSES' NOTES, LETTERS OF PROTECTION, EVERY SUCH RECORD, INCLUDING BUT NOT LIMITED TO, THOSE EXISTING IN ELECTRONIC OR MAGNETIC FORM, INCLUDING CORRESPONDENCE IN THE POSSESSION, CUSTODY OR CONTROL OF THE SAID WITNESS AND EVERY SUCH RECORDS TO WHICH THE WITNESS MAY HAVE ACCESS PERTAINING TO JOSEPH DAVID ABELL; DOB: at any and all times whatsoever. Then and there to give evidence at the instance of the Defendant, Reddy Ice, LLC, represented by Lindsay Gorbach Igorbach@mayerllp.com Texas Bar No. 24059839 Attorney of Record, in that Certain Cause No. 23-04-05276, pending on the docket of the District Court of the 457th Judicial District of Montgomery Count: 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 Joseph D. Abell vs, Kroger Texas, L.P., et al and there remain from day to day and time to time until discharged according to law. WITNESS 3 Wir MY HAND, this N WHITESIDES M4, — Oda lotary Public, State of Texas| comm. Expires 12-07-2023 NOTARY PUBLIC ae. oe Nota! 1D 126346426. Intempt. 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. This subpoena falls under exception to confidentiality, Rule 509 (e) Texas rules of Civil Evidence. OFFICER" S RET Came to hand this day of and executed this the day of » 20. » in the following manner: By delivering to the witness a true copy hereof, with attached witness fee of $ Returned this day of 20. PROCESS SERVER Order No. 76091.013 23-04-05276 Joseph D. Abell vs. Kroger Texas, L.P., et al SUBPOENA DUCES TECUM County of Montgomery THE STATE OF TEXAS Greeting, 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: You are hereby commanded to subpoena and summon the following witness(es): Des co. Mi PREHENSIVE nated Custodian of Records for: CARE CENTER HOUSTON METHODIST to be and appear before a Notary Public of my designation for Written Deposition Service, LLC, 1755 Whittington Place, Suite 750, Dallas, TX 75234, on or after 08/28/2023 at the office of the summoned witness. There under oath to make answers of certain written questions to be propounded to the witness and to bring and produce for inspection and photocopyin g ANY AND ALL MEDICAL RECORDS AND RADIOLOGY FILMS (EXCLUDING BILLING RECORDS) FROM ALL DATES OF TREATMENT AND/OR INJURY, INCLUDING BUT NOT LIMITED TO, DOCTOR'S NOTES, EVALUATIONS, OFFICE NOTES, PROGRESS NOTES, CORRESPONDENCE WITH OTHER PHYSICIANS, THERAPISTS, HOSPITALS AND/OR HEALTHCARE PROVIDERS, LAB REPORTS, PATHOLOGY REPORTS, ALL OTHER DIAGNOSTIC REPORTS, INCLUDED ON CD ALL DIAGNOSTIC IMAGING, INCLUDING BUT NOT LIMITED TO MRI'S, CT SCANS, X-RAYS, ETC., PRESCRIPTIONS, REFERRALS TO OTHER HEALTH CARE PROVIDERS, AMBULANCE RECORDS, HOSPITAL RECORDS, THERAPISTS! RECORDS, PATIENT INFORMATION FORMS, PATIENT INSURANCE FORMS, INTAKE FORMS, NURSES' NOTES, LETTERS OF PROTECTION, EVERY SUCH RECORD, INCLUDING BUT NOT LIMITED TO, THOSE EXISTING IN ELECTRONIC OR MAGNETIC FORM, INCLUDING CORRESPONDENCE IN THE POSSESSION, CUSTODY OR CONTROL OF THE SAID WITNESS AND EVERY SUCH RECORDS TO. WHICH THE WITNESS MAY HAVE ACCESS PERTAINING TO JOSEPH DAVID ABELL; DOB: at any and all times whatsoever. Then and there to give evidence at the instance of the Defendant, Reddy Ice, LLC, represented by Lindsay Gorbach lgorbach@mayerllp.com Texas Bar No. 24059839 Attorney of Record, in that Certain Cause No. 23-04-05276, pending on the docket of the District Court of the 457th Judicial District of Montgome: Count: 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 Joseph D. Abell vs. Kroger Texas, L.P., et al