Preview
Filed: 9/16/2022 5:35 PM
J OHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 68357306
By: Sandra Orizaga
9/19/2022 8:16 AM
CAUSE NO. 22 CV 0729
RICHARD VILLNAVE AND DARIUS IN THE DISTRICT COURT OF
STEWART
Plaintiffs,
GALVESTON COUNTY, TEXAS
VS.
ENCORE DREDGING PARTNERS, LLC 10% DISTRICT COURT
Defendant. JURY TRIAL DEMANDED
PLAINTIFF'S FIRST NOTICE OF FILING AND MEDICAL AFFIDAVITS
Plaintiff's Richard Villnave and Darius Stewart, hereby provides notice, as required by Tex. R. Evid.
902(1) and Civil Practice & Remedies Code § 18.001, that he has filed with the Court the following
affidavits and business records:
DARIUS STEWART
1 Affidavit of Kenneth Berliner, Custodian of Billing Records for Lonestar
Orthopedics dated August 2, 2022 — Billing Records;
Affidavit of Kenneth Berliner, Custodian of Medical Records for Lonestar
Orthopedics dated August 2, 2022 — Medical Records;
Affidavit of Kenneth Berliner, Custodian of Radiology Records for Lonestar
Orthopedics dated August 2, 2022 — Radiology Records;
Affidavit of Jacob Santos, Custodian of Billing Records for Stat Diagnostics
dated August 5, 2022 — Billing Records;
Affidavit of Jacob Santos, Custodian of Medical Records for Stat Diagnostics
dated August 5, 2022 — Medical Records;
Affidavit of Jacob Santos Custodian of Radiology Records for Stat Diagnostics
dated August 5, 2022 — Radiology Records;
RICHARD VILLNAVE
7 Affidavit of Kenneth Berliner, Custodian of Billing Records for Lonestar Orthopedics
dated August 2, 2022 — Billing Records;
Affidavit of Kenneth Berliner, Custodian of Medical Records for Lonestar Orthopedics
dated August 2, 2022 — Medical Records.
Affidavit of Jacob Santos Custodian of Billing Records for Stat Diagnostics
dated July 27, 2022 — Billing Records; and
10. Affidavit of Jacob Santos Custodian of Medical Records for Stat Diagnostics
dated July 27, 2022 — Medical Records.
Notice is served in the manner prescribed by Rule 21a of the Texas Rules of Civil Procedure.
Respectfully submitted,
THE BUZBEE LAW FIRM
By: /s/ Anthony G. Buzbee
Anthony G. Buzbee
State Bar No. 24001820
tbuzbee@txattorneys.com
Caroline Adams
State Bar No. 24011198
adams@txattorneys.com
Maria Elena Holmes
State Bar No. 24075364
mholmes@txattorneys.com
JP Morgan Chase Tower
600 Travis, Suite 6850
Houston, Texas 77002
Telephone: (713) 223-5393
Facsimile: (713) 223-5909
ATTORNEYS FOR PLAINTIFFS
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of this document has been duly served on all
counsel ofrecord via E-service in accordance with the Texas Rules of Civil Procedure on
September 16, 2022, as set forth below:
/s/ Caroline Adams
Caroline Adams
No.
IN THE MATTER OF:
DARIUS STEWART
AFFIDAVIT CONCERNING BUSINESS RECORDS AND COST AND NECESSITY OF
SERVICES
(Pursuant to Tex. Civ. Prac, & Rem, Code §18,001 [Vernon Supp. 1986])
Records Pertaining To: DARIUS STEWART
‘Type of Records: The entire billing record file dated 01/14/2022 to present, including, but not limited to itemized
statements, ledger sheets and/or cards, CD-ROM, documents stored electronically, all billing that reflect any payments,
adjustments, discounts, write offs, insurance records and/or claims and any other type billing documents contained in
your files and/or offices
Before me, the undetsigned authority, personally appeared Meanedhy G. Bey lime
who, being by me duly sworn, deposed as follows: (Custodian of Records)
my name is Weanety 6, er line Lam 18 years of age and of sound mind,
capable of making this affidavit, and personally acquainted with the facts herein stated:
1 am the Custodian of Records for:
LONESTAR ORTHOPEDICS
Attached to this affidavit are _—__ pages of records that provide an itemized statement of the eeSel Icio" the
OT 58 INESTAR ORTHOPEDICS provided to DARIUS STEWART from
othshor . . The attached records are a part of this affidavit.
The attached records
records are kkept by LONESTAR ORTHOPEDICS in the regular course of business, and it was the regular course
of business of LONESTAR ORTHOPEDICS for an employee or representative of LONESTAR ORTHOPEDICS, with
knowledge of the service provided, to make the record or to transmit information to be included in the record. The records were
made in the regular course of business at or near the time or reasonably soon after the time the service was provided, The records
are the original or a duplicate of the original.
The services provided were necessary and the amount charged for the services was reasonable at the time and place that the
vices were provided.
For services provided, the amount paid $
500.00 and the amount still outstanding
¢ +123. 30 addup to a total of $. 4,133.30 which is the amount LONESTAR
Boosey
ORTHOPEDICS was/is legally entitled to recover.
AFFIANT (Custodian of Records)
Sworn to and subscribed before me onthe 2-day of Pops 20,22.
sy
sy S77, HILDA M. MUNOZ
tary Public, State of Texas
- mM. aS
Expires 05-27-2024
NOTARY PUBLIC
Comm.
inh Notary ID 130680547
Se My Commission Expires: OS hn New,
Order No, 126454,003
STEWART000070
No.
IN THE MATTER OF:
DARIUS STEWART
BUSINESS RECORDS AFFIDAVIT
Records Pertaining To: DARIUS STEWART
Type of Records: Any and all medical records whether medical records generated by your facility or otherwise dated
01/14/2022 to present, including any and all emergency room records, radiology reports, pathology reports, consultations,
history and physical exam, discharge summary, tests, test results, diagnoses, prognoses, medication records, therapy
records, workers’ compensation records, photographs, diagnosis and treatment codes, admission forms, insurance,
records, messages, correspondence, and any and all documents which may be contained in patient file from other care
providers, including patient information sheets, handwritten notes, telephone messages, electronic media and any
correspondence in the possession of or subject to the control of the witness
Before me, the undersigned authority, personally appeared Kenneth é Be line
who, being by me duly sworn, deposed as follows: {Custodian of Records)
My mmeis_ Kenneth 6. “Bd Wwe I am over eighteen (18) years of age, of sound
mind, capable of making this affidavit, and personally acquainted with the facts herein stated:
1 am the Custodian of Records for:
LONESTAR ORTHOPEDICS
Attached hereto are 2S pages of records from this facility. These records are kept in the regular course of business, and it
was the regular course of business for an employee or representative of this facility, with knowledge of the act, event, condition,
opinion, or diagnosis, recorded to make the record or to transmit information thereof to be included in such record; and the record
was made at or near the time or reasonably soon thereafter. The records attached hereto are the original or exact duplicates of the
original.
byeuw
AFFIANT (Custodian of Records)
Sworn to and subscribed before me on the 2. day of Avo 9 2,
sysy
My,
ae
HILDA M. MUNOZ
Notary Public, State of Texas
Comm, Expires 05-27-2024
Ke mS
NOTARY PUBLIC
nis Notary 1D 130680547
My Commission Expires: os ha hors
Order No. 126454,001
YA Z
STEWART000072
No.
INTHE MATTER OF:
DARIUS STEWART
RADIOLOGY FILMS AFFIDAVIT
Records Pertaining ‘To: DARIUS STEWART
‘Type of Records: Any and all diagnostic films dated 01/14/2022 to present, including, but not limited to CT scans, MRI's,
myelogranis; radiology/x-ray films and any other type x-rays contained in your files and/or offices
Before me, the undersigned authority, personally appeared Keanedn Gq. “PoC/ hiney
who, being by me duly sworn, deposed as follows: (Custodian of Records)
My name is Keane, G&, “Ber vey 1am over eighteen (18) years of age, of sound
mind, capable of making this affidavit, and personally acquainted with the facts herein stated:
Tam the Custodian of Records for:
LONESTAR ORTHOPEDICS
Attached hereto are a ed films and/or discs. from this facility, These records are kept in the regular course of business, and it
was the regular course of business for an employee or representative of this facility, with knowledge of the act, event, condition,
opinion, or diagnosis, recorded to make the record or to transmit information thereof to be included in such record; and the record
was made.at of near the time or reasonably soon thereafter, The records attached hereto are the original or exact duplicates of the.
original.
AFFIANT (Custodian of Records)
Sworn to and subscribed:before me on the DL eyor, VGN 20 22
Ne mS
os NOTARY PUBLIC
~~
My Commission Expires: oe Ira Nore
Order No. 126454.002
STEWART000098
No.
IN THE MATTER OF:
DARIUS STEWART
AFFIDAVIT CONCERNING BUSINESS RECORDS AND COST AND NECESSITY OF
SERVICES
(Pursuant to Tex. Civ. Prac. & Rem. Code §18.001 [Vernon Supp. 1986])
Records Pertaining To: DARIUS STEWART
Type of Records: The entire billing record file dated 01/14/2022 to present, including, but not limited to itemized
statements, ledger sheets and/or cards, CD-ROM, documents stored electronically, all billing that reflect any payments,
adjustments, discounts, write offs, insurance records and/or claims and any other type billing documents contained in
your files and/or offices
Before me, the undersigned authority, personally appeared DOACOL San+DS
who, being by me duly sworn, deposed as follows: (Custodian of Records)
My name is SACO San+ps. » I am 18 years of age and of sound mind,
capable of making this affidavit, and personally acquainted with the facts herein stated:
1am the Custodian of Records for:
STAT DIAGNOSTICS
Attached to this affidavit are — a
pages of records that provide an itemized statement of the service and the charge for the
service that STAT DIAGNOSTICS provided to DARIUS STEWART ftom 07/22/2092. to
OF/A3/ AGA _. The attached records are a part of this affidavit.
The attached records are kept by STAT DIAGNOSTICS in the regular course of business, and it was the regular course of
business of STAT DIAGNOSTICS for an employee or representative of STAT DIAGNOSTICS, with knowledge of the service
provided, to make the record or to transmit information to be included in the record. The records were made in the regular course
of business at or near the time or reasonably soon after the time the service was provided. The records are the original or a
duplicate of the original.
The services provided were necessary and the amount charged for the services was reasonable at the time and place that the
services were provided.
For services provided, the amount paid $_ DB oo _and the amount still outstanding,
$ \$0. 00 add up to a total of $ 4, 4SO.cD which is the amount STAT DIAGNOSTICS,
was/is legally entitled to recover.
AFFIANT ustodian of Records)
Sworn to and subscribed before me on the OS Gy of Penns , 20 LL
_f
NOT FY PUBLIC
My Commission expires: DR LOA _ QS, 2OVS
ay My, LAURA POSADA
Order No. 126454.006 SY ‘
Notary Public, State of Texas|
Comm. Expires 12-09-2025
ants Notary ID 129647710
STEWART000099
No.
IN THE MATTER OF:
DARIUS STEWART
BUSINESS RECORDS AFFIDAVIT
Records Pertaining To: DARIUS STEWART
Type of Records: Any and all medical records whether medical records generated by your facility or otherwise dated
01/14/2022 to present, including any and all emergency room records, radiology reports, pathology reports, consultations,
history and physical exam, discharge summary, tests, test results, diagnoses, prognoses, medication records, therapy
records, workers' compensation records, photographs, diagnosis and treatment codes, admission forms, insurance,
records, messages, correspondence, and any and all documents which may be contained in patient file from other care
providers, including patient information sheets, handwritten notes, telephone messages, electronic media and any
correspondence in the possession of or subject to the control of the witness
Before me, the undersigned authority, personally appeared SACO Santos
who, being by me duly sworn, deposed as follows: (Custodian of Records)
My name is “-acob Santos , Lam over eighteen (18) years of age, of sound
mind, capable of making this affidavit, and personally acquainted with the facts herein stated:
Jam the Custodian of Records for:
STAT DIAGNOSTICS
Attached hereto are 1A pages of records from this facility. These records are kept in the regular course of business, and it
was the regular course of business for an employee or representative of this facility, with knowledge of the act, event, condition,
opinion, or diagnosis, recorded to make the record or to transmit information thereof to be included in such record; and the record
was made at or near the time or reasonably soon thereafter. The records attached hereto are the original or exact duplicates of the
original.
-
AFFIANZ (Custodian of Records)
Swom to and subscribed before me on tneOD aay of__y deasust. weS
NOTARY BYBLIC
My Commission Expires: Ramen. O,.2 oes
3$ wie LAURA POSADA
Order No. 126454.004 Notary Public, State of Texas|
‘25 Comm. Expires 12-09-2025
ores
aR Hn Notary ID 129647710
STEWART000102
No.
IN THE MATTER OF:
DARIUS STEWART
RADIOLOGY FILMS AFFIDAVIT
Records Pertaining To: DARIUS STEWART
Type of Records: Any and all diagnostic films dated 01/14/2022 to present, including, but not limited to CT scans, MRI's,
myelograms, radiology/x-ray films and any other type x-rays contained in your files and/or offices
Before me, the undersigned authority, personally appeared ~JACO6 SantnS
who, being by me duly sworn, deposed as follows: (Custodian of Records)
My name is Mawe San pe 1 am over eighteen (18) years of age, of sound
mind, capable of making this affidavit, and personally acquainted with the facts herein stated:
1 am the Custodian of Records for:
STAT DIAGNOSTICS
Attached hereto are | cb films and/or discs from this facility. These records are kept in the regular course of business, and it
was the regular course of business for an employee or representative of this facility, with knowledge of the act, event, condition,
opinion, or diagnosis, recorded to make the record or to transmit information thereof to be included in such record; and the record
was made at or near the time or reasonably soon thereafter. The records attached hereto are the original or exact duplicates of the
original.
AFEIAN# (Custodian of Records)
Sworn to and subscribed before me on the ost day of Praca AS‘ 20 te
NOTA! PUBLIC
My Commission Expires:_ \ Deaunilon On, oes
iy,
LAURA POSADA
Notary Public, State of Texas
|
= Comm. Expires 12-09-20
25
WB
Notary ID 129647710
Order No. 126454.005
STEWART000122
No.
IN THE MATTER OF:
RICHARD VILLNAVE
AFFIDAVIT CONCERNING BUSINESS RECORDS AND COST AND NECESSITY OF
SERVICES
(Pursuant to Tex. Civ. Prac, & Rem, Code §18.001 [Vernon Supp. 1986])
Records Pertaining To: RICHARD VILLNAVE
Type of Records: The entire billing record file dated 01/01/2022 to present,
including, but not limited to itemized
statements, ledger sheets and/or cards, CD-ROM, documents stored electronic
ally, all billing that reflect any payments,
adjustments, discounts, write offs, insurance records and/or claims and
any other type billing documents contained in
your files and/or offices
Before me, the undersigned authority, personally appeared Kenneth Ee Bei binet
who, being by me duly sworn, deposed as follows:
(Custodian of Records)
My name is__ PKeaneth 6G. “Be Ing I am 18 years of age and of sound mind,
capable of making this affidavit, and personally acquainted with the facts herein stated:
Tam the Custodian of Records for:
LONESTAR ORTHOPEDICS
Attached to this affidavit are of. pages of records that provide an itemized statement of the se1
vice and the charge for the
service that INESTAR ORTHOPEDICS provided to RICHARD VILLNAVE from to
iS” , The attached records are a part of this affidavit,
‘The attached records are kept by LONESTAR ORTHOPEDICS in the regular
course of business, and it was the regular course
of business of LONESTAR ORTHOPEDICS for an employee or representative of LONESTAR ORTHOPEDICS, with
knowledge of the service provided, to make the record or to transmit information to be
included in the record. The records were
made in the regular course of business at or near the time or reasonably soon after
the time the service was provided. The records
are the original or a duplicate of the original.
The services provided were necessary and the amount charged for the services
was reasonable at th ie time and place that the
services were provided.
For services provided, the amount paid $ GOO 00
and the amount still outstanding
3 BEB. AS add
up to a total
of $ 868.457 whic) int LONESTAR
ORTHOPEDICS was/is legally entitled to recover.
AFFIANT (Custodian of Records)
Swom to and subscribed before me on the _ Z day of. Avous— 29 22-
wat
shay My, HILDA M. MUNOZ
Notary Public, State of Texas
- mn. /~
Comm. Expires 05-27-2024 NOTARY PUBLIC
iis Notary ID 130680547
My Commission Expires: CS 129 er
Order No, 126214,009
VILLNAVE000123
No.
IN THE MATTER OF:
RICHARD VILLNAVE
BUSINESS RECORDS AFFIDAVIT
Records Pertaining To; RICHARD VILLNAVE
Type of Records: Any and all medical records whether medical record: Is generated
by your facility or otherwise dated
01/01/2022 to present, includin: ig any and all emergency room records, radiology reports, pathology reports,
consultations,
history and physical exam, discharge summary, tests, test results, diagnoses, prognoses, medication records,
therapy
records, workers' compensation records, photographs, diagnosis and treatment codes,
admission forms, insurance,
records, messages, correspondence, and any and all documents which may be contained
in patient file from other care
providers, including patient information sheets, handwritten notes, telephone messages,
electronic media and any
correspondence in the possession of or subject to the control of the witness
Before me, the undersigned authority, personally appeared KQaneth GC. BENE »
who, being by me duly sworn, deposed as follows:
(Custodian of Records)
My name is Kenneth too Be line » Lam over eighteen (18) years of age, of sound
mind, capable of making this affidavit, and personally acquainted with the facts herein stated:
Jam the Custodian of Records for:
LONESTAR ORTHOPEDICS
Attached hereto are 2\ pages of records from this facility. These records are kept in the regular course of business,
and it
was the regular course of business for an employee or representative of this facility,
with knowledge of the act, event, condition,
opinion, or diagnosis, recorded to make the record or to transmit information thereof
to be included in such record; and the record
was made at or near the time or reasonably soon thereafter. The records attached
hereto are the original or exact duplicates of the
original.
Oyouy
AFFIANT (Custodian of Records)
Sworn to and subscribed before me on the Z day of. Avgust 2922
zz
ei,
HILDA M. MUNOZ
Notary Public, State of Texa
Comm. Expires 05-27-202
s.
- mn.
NOTARY PUBLIC
Rk
4
ABW Notary ID 130680547 My Commission Expires: osl 2 Vor
Order No. 126214.007
VILLNAVE000125
No.
IN THE MATTER OF:
RICHARD VILLNAVE
AFFIDAVIT CONCERNING BUSINESS RECORDS AND COST AND NECESSITY OF
SERVICES
(Pursuant fo Tex. Civ. Prac. & Rem, Code §18.004 [Vernon Supp. 1986])
Records Pertaining To: RICHARD VILLNAVE
Type of Records: The entire billing record file dated 01/01/2022 to present, including, but uot limited to Hemized
statentents, ledger sheets and/or cards, CD-ROM, documenis stored electronically, all billing that reflect any payments,
adjustments, discounts, write offs, insurance records and/or claims and any other type billing documents contained in
your files and/or offices
Before me, the undersigned authority, personally appeared _JACOS Santos
who, being by me duly sworn, deposed as follows: (Custodian of Records)
My name is Jace Santes | Lam 18 years of age and of sound mind,
capable of making this affidavil, and personally acquainted with the facts herein stated:
Yam the Custodian of Records for:
STAT DIAGNOSTICS
Attached to this affidavit are 62_ pages of records that provide an itemized statement of the service and the charge for the
service that STAT DIAGNOSTICS provided to RICHARD VILLNAVE from _de/IF1Asra_
De (7 LAC The attached records are a part of this affidavit.
‘The attached records are kept by STAT DIAGNOSTICS in the regular course of business, and it was the regular course of
business of STAT DIAGNOSTICS for an employee or representative of STAT DIAGNOSTICS, with knowledge of the service
provided, to make the record or (o transmit information to be included in the record. ‘The records were made in the regular course
of business at or near the time or reasonably soon after the time the service was provided. The records are the original or a
duplicate of the original.
The services provided were necessary and (he amount charged for the services was reasonable at the tine and place that the
D
services were provided.
For services provided, the amount paid $ and the amount still oufstanding,
add up to a total of $. % “$0.00 which is the amount STAT DIAGNOSTICS
was/if Jogally itled to recover,
AFFIANT stodian of Records)
Sworn to and subseribed before me on the dr L day of _, Vyv » 20. Ee .
NOTARY JUBLIC
My Commission Expires: \ YQ. Coannloen LY A L LOLS
ly, LAURA POSADA
Order No. 126214.014 3s % Notary Public, State of Texas|
= Comm, Expiras 12-09-2025
TS Notary ID 129647710
VILLNAVE000147
No.
IN THE MATTER OF:
RICHARD VILLNAVE
BUSINESS RECORDS AFFIDAVIT
Records Pertaining To: RICHARD VILLNAVE
Type of Records:
Before me, the undersigned authority, personally appeared Jacob Seuntos
who, being by me duly sworn, deposed as follows: (Custodian of Records)
My name is Dacob Santos , Lam over eighteen (18) years of age, of sound
mind, capable of making this affidavit, and personally acquainted with the facts herein stated:
I am the Custodian of Records for:
STAT DIAGNOSTICS
Attached hereto are_B pages of records from this facility. These records are kept in the regular course of business, and it
was the regular course of business for an employee or representative of this facility, with knowledge of the act, event, condition,
opinion, or diagnosis, recorded to make the record or to transmit information thereof to be included in such record; and the record
was made at or near the time or reasonably soon thereafter. The records attached hereto are the original or exact duplicates of the
original.
AFF! (Custodian of Kecords)
ww
Sworn to and subscribed before me on the nH day of shu 20 Ve
“
NOFARY|PUBLIC
My Commission Expires: Dewunar Oo t W2s
on i "1,
"Ue LAURA POSADA
Notary Public, State of Texas
Comm. Expires 12-09-2025
Ani Notary ID 129647710
Order No. 126214.012
VILLNAVE000150
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.
J ennifer Buzbee on behalf of Anthony Buzbee
Bar No. 24001820
efiling@ txattorneys.com
Envelope ID: 68357306
Status as of 9/19/2022 8:16 AM CST
Associated Case Party: Encore Dredging Partners, LLC
Name BarNumber Email TimestampS ubmitted Status
Corey PParenton corey@ seklaw.com 9/16/2022 5:35:04 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.
J ennifer Buzbee on behalf of Anthony Buzbee
Bar No. 24001820
efiling@ txattorneys.com
Envelope ID: 68357306
Status as of 9/19/2022 8:16 AM CST
Case Contacts
Name BarNumber Email TimestampS ubmitted Status
Caroline Adams cadams@ txattorneys.com 9/16/2022 5:35:04 PM SENT
Anthony G.Buzbee tbuzbee@ txattorneys.com 9/16/2022 5:35:04 PM SENT
Jesse Rubio jrubio@ txattorneys.com 9/16/2022 5:35:04 PM SENT
Daedra Minigan dminigan@ txattorneys.com 9/16/2022 5:35:04 PM SENT
Preview
Filed: 9/16/2022 5:35 PM J OHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 68357306 By: Sandra Orizaga 9/19/2022 8:16 AM CAUSE NO. 22 CV 0729 RICHARD VILLNAVE AND DARIUS IN THE DISTRICT COURT OF STEWART Plaintiffs, GALVESTON COUNTY, TEXAS VS. ENCORE DREDGING PARTNERS, LLC 10% DISTRICT COURT Defendant. JURY TRIAL DEMANDED PLAINTIFF'S FIRST NOTICE OF FILING AND MEDICAL AFFIDAVITS Plaintiff's Richard Villnave and Darius Stewart, hereby provides notice, as required by Tex. R. Evid. 902(1) and Civil Practice & Remedies Code § 18.001, that he has filed with the Court the following affidavits and business records: DARIUS STEWART 1 Affidavit of Kenneth Berliner, Custodian of Billing Records for Lonestar Orthopedics dated August 2, 2022 — Billing Records; Affidavit of Kenneth Berliner, Custodian of Medical Records for Lonestar Orthopedics dated August 2, 2022 — Medical Records; Affidavit of Kenneth Berliner, Custodian of Radiology Records for Lonestar Orthopedics dated August 2, 2022 — Radiology Records; Affidavit of Jacob Santos, Custodian of Billing Records for Stat Diagnostics dated August 5, 2022 — Billing Records; Affidavit of Jacob Santos, Custodian of Medical Records for Stat Diagnostics dated August 5, 2022 — Medical Records; Affidavit of Jacob Santos Custodian of Radiology Records for Stat Diagnostics dated August 5, 2022 — Radiology Records; RICHARD VILLNAVE 7 Affidavit of Kenneth Berliner, Custodian of Billing Records for Lonestar Orthopedics dated August 2, 2022 — Billing Records; Affidavit of Kenneth Berliner, Custodian of Medical Records for Lonestar Orthopedics dated August 2, 2022 — Medical Records. Affidavit of Jacob Santos Custodian of Billing Records for Stat Diagnostics dated July 27, 2022 — Billing Records; and 10. Affidavit of Jacob Santos Custodian of Medical Records for Stat Diagnostics dated July 27, 2022 — Medical Records. Notice is served in the manner prescribed by Rule 21a of the Texas Rules of Civil Procedure. Respectfully submitted, THE BUZBEE LAW FIRM By: /s/ Anthony G. Buzbee Anthony G. Buzbee State Bar No. 24001820 tbuzbee@txattorneys.com Caroline Adams State Bar No. 24011198 adams@txattorneys.com Maria Elena Holmes State Bar No. 24075364 mholmes@txattorneys.com JP Morgan Chase Tower 600 Travis, Suite 6850 Houston, Texas 77002 Telephone: (713) 223-5393 Facsimile: (713) 223-5909 ATTORNEYS FOR PLAINTIFFS CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this document has been duly served on all counsel ofrecord via E-service in accordance with the Texas Rules of Civil Procedure on September 16, 2022, as set forth below: /s/ Caroline Adams Caroline Adams No. IN THE MATTER OF: DARIUS STEWART AFFIDAVIT CONCERNING BUSINESS RECORDS AND COST AND NECESSITY OF SERVICES (Pursuant to Tex. Civ. Prac, & Rem, Code §18,001 [Vernon Supp. 1986]) Records Pertaining To: DARIUS STEWART ‘Type of Records: The entire billing record file dated 01/14/2022 to present, including, but not limited to itemized statements, ledger sheets and/or cards, CD-ROM, documents stored electronically, all billing that reflect any payments, adjustments, discounts, write offs, insurance records and/or claims and any other type billing documents contained in your files and/or offices Before me, the undetsigned authority, personally appeared Meanedhy G. Bey lime who, being by me duly sworn, deposed as follows: (Custodian of Records) my name is Weanety 6, er line Lam 18 years of age and of sound mind, capable of making this affidavit, and personally acquainted with the facts herein stated: 1 am the Custodian of Records for: LONESTAR ORTHOPEDICS Attached to this affidavit are _—__ pages of records that provide an itemized statement of the eeSel Icio" the OT 58 INESTAR ORTHOPEDICS provided to DARIUS STEWART from othshor . . The attached records are a part of this affidavit. The attached records records are kkept by LONESTAR ORTHOPEDICS in the regular course of business, and it was the regular course of business of LONESTAR ORTHOPEDICS for an employee or representative of LONESTAR ORTHOPEDICS, with knowledge of the service provided, to make the record or to transmit information to be included in the record. The records were made in the regular course of business at or near the time or reasonably soon after the time the service was provided, The records are the original or a duplicate of the original. The services provided were necessary and the amount charged for the services was reasonable at the time and place that the vices were provided. For services provided, the amount paid $ 500.00 and the amount still outstanding ¢ +123. 30 addup to a total of $. 4,133.30 which is the amount LONESTAR Boosey ORTHOPEDICS was/is legally entitled to recover. AFFIANT (Custodian of Records) Sworn to and subscribed before me onthe 2-day of Pops 20,22. sy sy S77, HILDA M. MUNOZ tary Public, State of Texas - mM. aS Expires 05-27-2024 NOTARY PUBLIC Comm. inh Notary ID 130680547 Se My Commission Expires: OS hn New, Order No, 126454,003 STEWART000070 No. IN THE MATTER OF: DARIUS STEWART BUSINESS RECORDS AFFIDAVIT Records Pertaining To: DARIUS STEWART Type of Records: Any and all medical records whether medical records generated by your facility or otherwise dated 01/14/2022 to present, including any and all emergency room records, radiology reports, pathology reports, consultations, history and physical exam, discharge summary, tests, test results, diagnoses, prognoses, medication records, therapy records, workers’ compensation records, photographs, diagnosis and treatment codes, admission forms, insurance, records, messages, correspondence, and any and all documents which may be contained in patient file from other care providers, including patient information sheets, handwritten notes, telephone messages, electronic media and any correspondence in the possession of or subject to the control of the witness Before me, the undersigned authority, personally appeared Kenneth é Be line who, being by me duly sworn, deposed as follows: {Custodian of Records) My mmeis_ Kenneth 6. “Bd Wwe I am over eighteen (18) years of age, of sound mind, capable of making this affidavit, and personally acquainted with the facts herein stated: 1 am the Custodian of Records for: LONESTAR ORTHOPEDICS Attached hereto are 2S pages of records from this facility. These records are kept in the regular course of business, and it was the regular course of business for an employee or representative of this facility, with knowledge of the act, event, condition, opinion, or diagnosis, recorded to make the record or to transmit information thereof to be included in such record; and the record was made at or near the time or reasonably soon thereafter. The records attached hereto are the original or exact duplicates of the original. byeuw AFFIANT (Custodian of Records) Sworn to and subscribed before me on the 2. day of Avo 9 2, sysy My, ae HILDA M. MUNOZ Notary Public, State of Texas Comm, Expires 05-27-2024 Ke mS NOTARY PUBLIC nis Notary 1D 130680547 My Commission Expires: os ha hors Order No. 126454,001 YA Z STEWART000072 No. INTHE MATTER OF: DARIUS STEWART RADIOLOGY FILMS AFFIDAVIT Records Pertaining ‘To: DARIUS STEWART ‘Type of Records: Any and all diagnostic films dated 01/14/2022 to present, including, but not limited to CT scans, MRI's, myelogranis; radiology/x-ray films and any other type x-rays contained in your files and/or offices Before me, the undersigned authority, personally appeared Keanedn Gq. “PoC/ hiney who, being by me duly sworn, deposed as follows: (Custodian of Records) My name is Keane, G&, “Ber vey 1am over eighteen (18) years of age, of sound mind, capable of making this affidavit, and personally acquainted with the facts herein stated: Tam the Custodian of Records for: LONESTAR ORTHOPEDICS Attached hereto are a ed films and/or discs. from this facility, These records are kept in the regular course of business, and it was the regular course of business for an employee or representative of this facility, with knowledge of the act, event, condition, opinion, or diagnosis, recorded to make the record or to transmit information thereof to be included in such record; and the record was made.at of near the time or reasonably soon thereafter, The records attached hereto are the original or exact duplicates of the. original. AFFIANT (Custodian of Records) Sworn to and subscribed:before me on the DL eyor, VGN 20 22 Ne mS os NOTARY PUBLIC ~~ My Commission Expires: oe Ira Nore Order No. 126454.002 STEWART000098 No. IN THE MATTER OF: DARIUS STEWART AFFIDAVIT CONCERNING BUSINESS RECORDS AND COST AND NECESSITY OF SERVICES (Pursuant to Tex. Civ. Prac. & Rem. Code §18.001 [Vernon Supp. 1986]) Records Pertaining To: DARIUS STEWART Type of Records: The entire billing record file dated 01/14/2022 to present, including, but not limited to itemized statements, ledger sheets and/or cards, CD-ROM, documents stored electronically, all billing that reflect any payments, adjustments, discounts, write offs, insurance records and/or claims and any other type billing documents contained in your files and/or offices Before me, the undersigned authority, personally appeared DOACOL San+DS who, being by me duly sworn, deposed as follows: (Custodian of Records) My name is SACO San+ps. » I am 18 years of age and of sound mind, capable of making this affidavit, and personally acquainted with the facts herein stated: 1am the Custodian of Records for: STAT DIAGNOSTICS Attached to this affidavit are — a pages of records that provide an itemized statement of the service and the charge for the service that STAT DIAGNOSTICS provided to DARIUS STEWART ftom 07/22/2092. to OF/A3/ AGA _. The attached records are a part of this affidavit. The attached records are kept by STAT DIAGNOSTICS in the regular course of business, and it was the regular course of business of STAT DIAGNOSTICS for an employee or representative of STAT DIAGNOSTICS, with knowledge of the service provided, to make the record or to transmit information to be included in the record. The records were made in the regular course of business at or near the time or reasonably soon after the time the service was provided. The records are the original or a duplicate of the original. The services provided were necessary and the amount charged for the services was reasonable at the time and place that the services were provided. For services provided, the amount paid $_ DB oo _and the amount still outstanding, $ \$0. 00 add up to a total of $ 4, 4SO.cD which is the amount STAT DIAGNOSTICS, was/is legally entitled to recover. AFFIANT ustodian of Records) Sworn to and subscribed before me on the OS Gy of Penns , 20 LL _f NOT FY PUBLIC My Commission expires: DR LOA _ QS, 2OVS ay My, LAURA POSADA Order No. 126454.006 SY ‘ Notary Public, State of Texas| Comm. Expires 12-09-2025 ants Notary ID 129647710 STEWART000099 No. IN THE MATTER OF: DARIUS STEWART BUSINESS RECORDS AFFIDAVIT Records Pertaining To: DARIUS STEWART Type of Records: Any and all medical records whether medical records generated by your facility or otherwise dated 01/14/2022 to present, including any and all emergency room records, radiology reports, pathology reports, consultations, history and physical exam, discharge summary, tests, test results, diagnoses, prognoses, medication records, therapy records, workers' compensation records, photographs, diagnosis and treatment codes, admission forms, insurance, records, messages, correspondence, and any and all documents which may be contained in patient file from other care providers, including patient information sheets, handwritten notes, telephone messages, electronic media and any correspondence in the possession of or subject to the control of the witness Before me, the undersigned authority, personally appeared SACO Santos who, being by me duly sworn, deposed as follows: (Custodian of Records) My name is “-acob Santos , Lam over eighteen (18) years of age, of sound mind, capable of making this affidavit, and personally acquainted with the facts herein stated: Jam the Custodian of Records for: STAT DIAGNOSTICS Attached hereto are 1A pages of records from this facility. These records are kept in the regular course of business, and it was the regular course of business for an employee or representative of this facility, with knowledge of the act, event, condition, opinion, or diagnosis, recorded to make the record or to transmit information thereof to be included in such record; and the record was made at or near the time or reasonably soon thereafter. The records attached hereto are the original or exact duplicates of the original. - AFFIANZ (Custodian of Records) Swom to and subscribed before me on tneOD aay of__y deasust. weS NOTARY BYBLIC My Commission Expires: Ramen. O,.2 oes 3$ wie LAURA POSADA Order No. 126454.004 Notary Public, State of Texas| ‘25 Comm. Expires 12-09-2025 ores aR Hn Notary ID 129647710 STEWART000102 No. IN THE MATTER OF: DARIUS STEWART RADIOLOGY FILMS AFFIDAVIT Records Pertaining To: DARIUS STEWART Type of Records: Any and all diagnostic films dated 01/14/2022 to present, including, but not limited to CT scans, MRI's, myelograms, radiology/x-ray films and any other type x-rays contained in your files and/or offices Before me, the undersigned authority, personally appeared ~JACO6 SantnS who, being by me duly sworn, deposed as follows: (Custodian of Records) My name is Mawe San pe 1 am over eighteen (18) years of age, of sound mind, capable of making this affidavit, and personally acquainted with the facts herein stated: 1 am the Custodian of Records for: STAT DIAGNOSTICS Attached hereto are | cb films and/or discs from this facility. These records are kept in the regular course of business, and it was the regular course of business for an employee or representative of this facility, with knowledge of the act, event, condition, opinion, or diagnosis, recorded to make the record or to transmit information thereof to be included in such record; and the record was made at or near the time or reasonably soon thereafter. The records attached hereto are the original or exact duplicates of the original. AFEIAN# (Custodian of Records) Sworn to and subscribed before me on the ost day of Praca AS‘ 20 te NOTA! PUBLIC My Commission Expires:_ \ Deaunilon On, oes iy, LAURA POSADA Notary Public, State of Texas | = Comm. Expires 12-09-20 25 WB Notary ID 129647710 Order No. 126454.005 STEWART000122 No. IN THE MATTER OF: RICHARD VILLNAVE AFFIDAVIT CONCERNING BUSINESS RECORDS AND COST AND NECESSITY OF SERVICES (Pursuant to Tex. Civ. Prac, & Rem, Code §18.001 [Vernon Supp. 1986]) Records Pertaining To: RICHARD VILLNAVE Type of Records: The entire billing record file dated 01/01/2022 to present, including, but not limited to itemized statements, ledger sheets and/or cards, CD-ROM, documents stored electronic ally, all billing that reflect any payments, adjustments, discounts, write offs, insurance records and/or claims and any other type billing documents contained in your files and/or offices Before me, the undersigned authority, personally appeared Kenneth Ee Bei binet who, being by me duly sworn, deposed as follows: (Custodian of Records) My name is__ PKeaneth 6G. “Be Ing I am 18 years of age and of sound mind, capable of making this affidavit, and personally acquainted with the facts herein stated: Tam the Custodian of Records for: LONESTAR ORTHOPEDICS Attached to this affidavit are of. pages of records that provide an itemized statement of the se1 vice and the charge for the service that INESTAR ORTHOPEDICS provided to RICHARD VILLNAVE from to iS” , The attached records are a part of this affidavit, ‘The attached records are kept by LONESTAR ORTHOPEDICS in the regular course of business, and it was the regular course of business of LONESTAR ORTHOPEDICS for an employee or representative of LONESTAR ORTHOPEDICS, with knowledge of the service provided, to make the record or to transmit information to be included in the record. The records were made in the regular course of business at or near the time or reasonably soon after the time the service was provided. The records are the original or a duplicate of the original. The services provided were necessary and the amount charged for the services was reasonable at th ie time and place that the services were provided. For services provided, the amount paid $ GOO 00 and the amount still outstanding 3 BEB. AS add up to a total of $ 868.457 whic) int LONESTAR ORTHOPEDICS was/is legally entitled to recover. AFFIANT (Custodian of Records) Swom to and subscribed before me on the _ Z day of. Avous— 29 22- wat shay My, HILDA M. MUNOZ Notary Public, State of Texas - mn. /~ Comm. Expires 05-27-2024 NOTARY PUBLIC iis Notary ID 130680547 My Commission Expires: CS 129 er Order No, 126214,009 VILLNAVE000123 No. IN THE MATTER OF: RICHARD VILLNAVE BUSINESS RECORDS AFFIDAVIT Records Pertaining To; RICHARD VILLNAVE Type of Records: Any and all medical records whether medical record: Is generated by your facility or otherwise dated 01/01/2022 to present, includin: ig any and all emergency room records, radiology reports, pathology reports, consultations, history and physical exam, discharge summary, tests, test results, diagnoses, prognoses, medication records, therapy records, workers' compensation records, photographs, diagnosis and treatment codes, admission forms, insurance, records, messages, correspondence, and any and all documents which may be contained in patient file from other care providers, including patient information sheets, handwritten notes, telephone messages, electronic media and any correspondence in the possession of or subject to the control of the witness Before me, the undersigned authority, personally appeared KQaneth GC. BENE » who, being by me duly sworn, deposed as follows: (Custodian of Records) My name is Kenneth too Be line » Lam over eighteen (18) years of age, of sound mind, capable of making this affidavit, and personally acquainted with the facts herein stated: Jam the Custodian of Records for: LONESTAR ORTHOPEDICS Attached hereto are 2\ pages of records from this facility. These records are kept in the regular course of business, and it was the regular course of business for an employee or representative of this facility, with knowledge of the act, event, condition, opinion, or diagnosis, recorded to make the record or to transmit information thereof to be included in such record; and the record was made at or near the time or reasonably soon thereafter. The records attached hereto are the original or exact duplicates of the original. Oyouy AFFIANT (Custodian of Records) Sworn to and subscribed before me on the Z day of. Avgust 2922 zz ei, HILDA M. MUNOZ Notary Public, State of Texa Comm. Expires 05-27-202 s. - mn. NOTARY PUBLIC Rk 4 ABW Notary ID 130680547 My Commission Expires: osl 2 Vor Order No. 126214.007 VILLNAVE000125 No. IN THE MATTER OF: RICHARD VILLNAVE AFFIDAVIT CONCERNING BUSINESS RECORDS AND COST AND NECESSITY OF SERVICES (Pursuant fo Tex. Civ. Prac. & Rem, Code §18.004 [Vernon Supp. 1986]) Records Pertaining To: RICHARD VILLNAVE Type of Records: The entire billing record file dated 01/01/2022 to present, including, but uot limited to Hemized statentents, ledger sheets and/or cards, CD-ROM, documenis stored electronically, all billing that reflect any payments, adjustments, discounts, write offs, insurance records and/or claims and any other type billing documents contained in your files and/or offices Before me, the undersigned authority, personally appeared _JACOS Santos who, being by me duly sworn, deposed as follows: (Custodian of Records) My name is Jace Santes | Lam 18 years of age and of sound mind, capable of making this affidavil, and personally acquainted with the facts herein stated: Yam the Custodian of Records for: STAT DIAGNOSTICS Attached to this affidavit are 62_ pages of records that provide an itemized statement of the service and the charge for the service that STAT DIAGNOSTICS provided to RICHARD VILLNAVE from _de/IF1Asra_ De (7 LAC The attached records are a part of this affidavit. ‘The attached records are kept by STAT DIAGNOSTICS in the regular course of business, and it was the regular course of business of STAT DIAGNOSTICS for an employee or representative of STAT DIAGNOSTICS, with knowledge of the service provided, to make the record or (o transmit information to be included in the record. ‘The records were made in the regular course of business at or near the time or reasonably soon after the time the service was provided. The records are the original or a duplicate of the original. The services provided were necessary and (he amount charged for the services was reasonable at the tine and place that the D services were provided. For services provided, the amount paid $ and the amount still oufstanding, add up to a total of $. % “$0.00 which is the amount STAT DIAGNOSTICS was/if Jogally itled to recover, AFFIANT stodian of Records) Sworn to and subseribed before me on the dr L day of _, Vyv » 20. Ee . NOTARY JUBLIC My Commission Expires: \ YQ. Coannloen LY A L LOLS ly, LAURA POSADA Order No. 126214.014 3s % Notary Public, State of Texas| = Comm, Expiras 12-09-2025 TS Notary ID 129647710 VILLNAVE000147 No. IN THE MATTER OF: RICHARD VILLNAVE BUSINESS RECORDS AFFIDAVIT Records Pertaining To: RICHARD VILLNAVE Type of Records: Before me, the undersigned authority, personally appeared Jacob Seuntos who, being by me duly sworn, deposed as follows: (Custodian of Records) My name is Dacob Santos , Lam over eighteen (18) years of age, of sound mind, capable of making this affidavit, and personally acquainted with the facts herein stated: I am the Custodian of Records for: STAT DIAGNOSTICS Attached hereto are_B pages of records from this facility. These records are kept in the regular course of business, and it was the regular course of business for an employee or representative of this facility, with knowledge of the act, event, condition, opinion, or diagnosis, recorded to make the record or to transmit information thereof to be included in such record; and the record was made at or near the time or reasonably soon thereafter. The records attached hereto are the original or exact duplicates of the original. AFF! (Custodian of Kecords) ww Sworn to and subscribed before me on the nH day of shu 20 Ve “ NOFARY|PUBLIC My Commission Expires: Dewunar Oo t W2s on i "1, "Ue LAURA POSADA Notary Public, State of Texas Comm. Expires 12-09-2025 Ani Notary ID 129647710 Order No. 126214.012 VILLNAVE000150 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. J ennifer Buzbee on behalf of Anthony Buzbee Bar No. 24001820 efiling@ txattorneys.com Envelope ID: 68357306 Status as of 9/19/2022 8:16 AM CST Associated Case Party: Encore Dredging Partners, LLC Name BarNumber Email TimestampS ubmitted Status Corey PParenton corey@ seklaw.com 9/16/2022 5:35:04 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. J ennifer Buzbee on behalf of Anthony Buzbee Bar No. 24001820 efiling@ txattorneys.com Envelope ID: 68357306 Status as of 9/19/2022 8:16 AM CST Case Contacts Name BarNumber Email TimestampS ubmitted Status Caroline Adams cadams@ txattorneys.com 9/16/2022 5:35:04 PM SENT Anthony G.Buzbee tbuzbee@ txattorneys.com 9/16/2022 5:35:04 PM SENT Jesse Rubio jrubio@ txattorneys.com 9/16/2022 5:35:04 PM SENT Daedra Minigan dminigan@ txattorneys.com 9/16/2022 5:35:04 PM SENT