Preview
Filed: 2/10/2023 1:06 PM
J OHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 72653163
By: Lisa Kelly
2/10/2023 1:33 PM
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 THIRD 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
January 24, 2023 — Billing Records;
Affidavit of Kenneth Berliner, Custodian of Medical Records for Lonestar Orthopedics dated
January 24, 2023 — Medical Records;
RICHARD VILLNAVE
3 Affidavit of Kenneth Berliner, Custodian of Billing Records for Lonestar Orthopedics
dated February 1, 2023 — Billing Records;
Affidavit of Kenneth Berliner, Custodian of Medical Records for Lonestar Orthopedics
dated February 1, 2023 — 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 7500
Houston, Texas 77002
Telephone: (713) 223-5393
Facsimile: (713) 223-5909
ATTORNEYS FOR PLAINTIFFS
CERTIFICATE OF SERVICE
Thereby certify that a true and correct copy of this document has been duly served on all
counsel of record via E-service in accordance with the Texas Rules of Civil Procedure on
February 10, 2023, as set forth below:
/s/ Caroline Adams
Caroline Adams
No.
IN THE MATTER OF;
RICHARD VILENAVE
BUSINESS RECORDS AFFIDAVIT
Bere te Pertaining Po: 2 ARD VILLMAVE
‘Type af Records: Any and all medical records whether medical recor
«ds generated by your facility or other
32/16/202 to present, including any and ull emergency wise dated
room record: is, radiology reports, patho
history ad physical exam, discharge summary, & fest resulfs, diagnoses, prognoses, medic
logy reports, consultations,
records, workers' compensition records, » photo graphs, diagnosis and treatn ment codes, ation records, iherapy
tevards, messages, vorrespondvnce, and
providers, including patient information
any and all dae Uments which may be contained admis sion
in patie
forms, insurance,
sheets, handwi ritfen notes, (elephone messa nt file from other care
correspondence in the possession of oF subjes ges, electronic media and any
cl 16 the control of the witness
Belore me, the widersizned authority, person
who, being by me duly sworn, dey cd as follows:
ally appeared - Keaneth “Ber
ott bire(
(Custodian of Records)
My tame i EX ite.
asind, capable of making this a fdavit, and person
& Bag iret _.» Lam over eighteen (18) years of age,
of sound
ally ‘quainted with the facts herein stated:
Tam the Custodian of Records for:
LONESTAR ORTHOPEDICS
Attached hereto are G 5
page: 8 of records from this facili 'y. These records are
was the regular course of business for an emplo kept in the regular conse of business, and it
yee or representative of this facility, with
opinion, or diagnosis, recorded to mal ike knowledge of the act, event, condition,
the record or to transmit information
thereof: to be included in such record; and the record
was made at or pear the time or reasonably soon thereaf
ter, ‘The records attached hereto are the original or
original exact duplicates of the
(LO Soom
AFFIANT ee
oe Cords)
Swom to and subscribed before me on the __L™day
™ of Febrve
5 tly yo at 2023
estes
HILBA BAL
Hy taie ot ast (ee a
al OTARY PUB: - ae
ad 1 0
L tf OGGObS F
My Commission Expires; OD le oe24 L -
Order No. 126214,022
EXHIBIT
A
PL TIFF000302
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 12/14/2022 to present, including, but not limited to itemized
Statemeuts, tedger sheels and/or cards, CD-ROM, documents storcd electronically, alt 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 Kee metty G Sei ln@e 2
who, being by me duly sworn, deposed as follows: (Custodian of Records)
My name is _< mesh & eset Ih CL , Tam 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 -l— pages of records that provide an itemized statement of the ser ice and the charge for the
service that LONESTAR ORTHOPEDICS provided to DARIUS STEWART from a to
dI2hea IAP 202 2 the attached records area 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 the time and place that the
services were provided.
For services provided, the amount paid $e e7 and the amount still outstanding
5s 472-05 add up to a total of$ {712.- FP bic is the amount LONESTAR
ORTHOPEDICS was/is legally entitled to recover.
ae
AFFIAI () Cee.
Sworn to and subscribed before me ou the 24 day of Tanuan, 2.3
mK
-
ey
NOTARY PUBLIC
“
etnann Cel 2-1 W.
My Commission Expires
Order No. 126454.014
PLAINTIFF000291
No.
IN THE MATTER OF:
DARIUS STEWART
BUSINESS RECORDS AFFIDAVIT
Records Pertaining To: DARTUS STEWART
Type of Records: Any and all medical records whether medical records generated by your facility or otherwise 12/14/2022
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 ken neath G edly
who, being by me duly sworn, deposed as follows: (Custodian of Records)
My name is Keaneth e&.. eat lyn ; Lam over eighteen (18) years of age, of sound
mind, capable of making this affidavit, and personally acquainted with the facts herein stated:
1am the Custodian of Records for:
LONESTAR ORTHOPEDICS
Attached hereto are __ 5 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.
AFFIANT{Ctstodian of Records)
Sworn to and subscribed before me on the 24 day of Tonia ’ 29 23
Mi HILDA M. MUNOZ
jotary Public, State of Texas’ NOTARY PUBLIC
Pr Ke
Comm. Expires 05-27-2024
Un Notary ID 130680547
My Commission Expires: cosinor
Order No. 126454.013
PLAINTIFF000293
No.
INTHE MATTER OF:
RICHARD VILLNAVE
::
:
AFFIDAVIT CONCERNING BUSINESS RECORDS AND COST AND NECESSITY OF
SERVICES
(Pursuant to Tex. Civ. trac. & Rem. Code §18.001 [Vernon Supp. 1986})
Records Pertainingoe & RICHARD VILLNAVE
Type of Records: The enlive billing record file dated 12/16/2022 to present, including, but not limited to itemized
statements, ledger sheets and/or ds, CD-ROM, documents stored electronically, all billing that reflect any payments,
adjusintents, discounts, write offs, insurance records and/or claims and any other type billing documents contained
your files and/or offices “in
Before me, the undersigned authority, personally appeared Karyeni
etna din Per Ing
an
eed INE ENE ee ,
who, being by me duly sworn, deposed as follows:
(Custodian of Records)
My nome is Ktramn@in
EX G. eeroS . ee
hired fam 18 years of age and of sound mind,
capable of makiay bis affidavit, and p onally acquainted with the faets herein stated! :
Jam the Custodian of Records Foy
LONESTAR ORTHOPEDICS
Alluched to this affidavit are pages of recerds that provide an itemized statement of the service
service
OULIG |ZO23
that LONESTAR ORTHOPEDIC: provided to RICHARD VILLNAVE
‘The attached records are a part of this affidavit.
nd the charge for the
from Gi 4 0372523. to i
‘The attached records ‘e kept by LONESTAR ORTHOPEDICS in the regular course of business,
and it was the regular course
of business of LONESTAR ORTHOPEDI ICS for an employee or representative of
LONESTAR ORTHOPEDICS, with
knowledge of the service provided, to make the record or te transmit information
to be included in the record, ‘The records were
inade in the repular 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 foy the services
was reasonable at the time and place that the
services were provided.
For serviees provided, the amount paid £_ 2 O0 -00 and the amount still outstanding
871,240.30 add ap i6 @ totaloft “2, AG © + 80 whi¢h is the amount LONESTAR,
ORTHOPEDICS was/is legally entitled to recover.
sean
AFFIANT: ial ecords}
4
Sworn to and subscribed before me an the day of Fe kas VU CAL by 2023
Ke
ta iesenemati
ire
3 He
2gs
HE
Hetsey
dA ha MUNGE
ot ABS nn se
omen. & pire 24 NOTARY PUBLIC
806
ei My Commission Expires; CFS ha lio def nn
Order'No, 126214.023
PL TIFF000299
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: 72653163
Status as of 2/10/2023 1:33 PM CST
Associated Case Party: Encore Dredging Partners, LLC
Name BarNumber | Email TimestampS ubmitted | Status
Corey PParenton corey@ seklaw.com | 2/10/2023 1:06:35 PM SENT
Case Contacts
Name BarNumber | Email TimestampSubmitted Status
Caroline Adams cadams@ txattorneys.com 2/10/2023 1:06:35 PM SENT
Anthony G.Buzbee tbuzbee@ txattorneys.com 2/10/2023 1:06:35 PM SENT
J esse Rubio jrubio@ txattorneys.com 2/10/2023 1:06:35 PM SENT
Daedra Minigan dminigan@ txattorneys.com 2/10/2023 1:06:35 PM SENT
Amanda Dees adees@ txattorneys.com 2/10/2023 1:06:35 PM SENT
Preview
Filed: 2/10/2023 1:06 PM J OHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 72653163 By: Lisa Kelly 2/10/2023 1:33 PM 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 THIRD 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 January 24, 2023 — Billing Records; Affidavit of Kenneth Berliner, Custodian of Medical Records for Lonestar Orthopedics dated January 24, 2023 — Medical Records; RICHARD VILLNAVE 3 Affidavit of Kenneth Berliner, Custodian of Billing Records for Lonestar Orthopedics dated February 1, 2023 — Billing Records; Affidavit of Kenneth Berliner, Custodian of Medical Records for Lonestar Orthopedics dated February 1, 2023 — 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 7500 Houston, Texas 77002 Telephone: (713) 223-5393 Facsimile: (713) 223-5909 ATTORNEYS FOR PLAINTIFFS CERTIFICATE OF SERVICE Thereby certify that a true and correct copy of this document has been duly served on all counsel of record via E-service in accordance with the Texas Rules of Civil Procedure on February 10, 2023, as set forth below: /s/ Caroline Adams Caroline Adams No. IN THE MATTER OF; RICHARD VILENAVE BUSINESS RECORDS AFFIDAVIT Bere te Pertaining Po: 2 ARD VILLMAVE ‘Type af Records: Any and all medical records whether medical recor «ds generated by your facility or other 32/16/202 to present, including any and ull emergency wise dated room record: is, radiology reports, patho history ad physical exam, discharge summary, & fest resulfs, diagnoses, prognoses, medic logy reports, consultations, records, workers' compensition records, » photo graphs, diagnosis and treatn ment codes, ation records, iherapy tevards, messages, vorrespondvnce, and providers, including patient information any and all dae Uments which may be contained admis sion in patie forms, insurance, sheets, handwi ritfen notes, (elephone messa nt file from other care correspondence in the possession of oF subjes ges, electronic media and any cl 16 the control of the witness Belore me, the widersizned authority, person who, being by me duly sworn, dey cd as follows: ally appeared - Keaneth “Ber ott bire( (Custodian of Records) My tame i EX ite. asind, capable of making this a fdavit, and person & Bag iret _.» Lam over eighteen (18) years of age, of sound ally ‘quainted with the facts herein stated: Tam the Custodian of Records for: LONESTAR ORTHOPEDICS Attached hereto are G 5 page: 8 of records from this facili 'y. These records are was the regular course of business for an emplo kept in the regular conse of business, and it yee or representative of this facility, with opinion, or diagnosis, recorded to mal ike knowledge of the act, event, condition, the record or to transmit information thereof: to be included in such record; and the record was made at or pear the time or reasonably soon thereaf ter, ‘The records attached hereto are the original or original exact duplicates of the (LO Soom AFFIANT ee oe Cords) Swom to and subscribed before me on the __L™day ™ of Febrve 5 tly yo at 2023 estes HILBA BAL Hy taie ot ast (ee a al OTARY PUB: - ae ad 1 0 L tf OGGObS F My Commission Expires; OD le oe24 L - Order No. 126214,022 EXHIBIT A PL TIFF000302 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 12/14/2022 to present, including, but not limited to itemized Statemeuts, tedger sheels and/or cards, CD-ROM, documents storcd electronically, alt 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 Kee metty G Sei ln@e 2 who, being by me duly sworn, deposed as follows: (Custodian of Records) My name is _< mesh & eset Ih CL , Tam 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 -l— pages of records that provide an itemized statement of the ser ice and the charge for the service that LONESTAR ORTHOPEDICS provided to DARIUS STEWART from a to dI2hea IAP 202 2 the attached records area 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 the time and place that the services were provided. For services provided, the amount paid $e e7 and the amount still outstanding 5s 472-05 add up to a total of$ {712.- FP bic is the amount LONESTAR ORTHOPEDICS was/is legally entitled to recover. ae AFFIAI () Cee. Sworn to and subscribed before me ou the 24 day of Tanuan, 2.3 mK - ey NOTARY PUBLIC “ etnann Cel 2-1 W. My Commission Expires Order No. 126454.014 PLAINTIFF000291 No. IN THE MATTER OF: DARIUS STEWART BUSINESS RECORDS AFFIDAVIT Records Pertaining To: DARTUS STEWART Type of Records: Any and all medical records whether medical records generated by your facility or otherwise 12/14/2022 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 ken neath G edly who, being by me duly sworn, deposed as follows: (Custodian of Records) My name is Keaneth e&.. eat lyn ; Lam over eighteen (18) years of age, of sound mind, capable of making this affidavit, and personally acquainted with the facts herein stated: 1am the Custodian of Records for: LONESTAR ORTHOPEDICS Attached hereto are __ 5 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. AFFIANT{Ctstodian of Records) Sworn to and subscribed before me on the 24 day of Tonia ’ 29 23 Mi HILDA M. MUNOZ jotary Public, State of Texas’ NOTARY PUBLIC Pr Ke Comm. Expires 05-27-2024 Un Notary ID 130680547 My Commission Expires: cosinor Order No. 126454.013 PLAINTIFF000293 No. INTHE MATTER OF: RICHARD VILLNAVE :: : AFFIDAVIT CONCERNING BUSINESS RECORDS AND COST AND NECESSITY OF SERVICES (Pursuant to Tex. Civ. trac. & Rem. Code §18.001 [Vernon Supp. 1986}) Records Pertainingoe & RICHARD VILLNAVE Type of Records: The enlive billing record file dated 12/16/2022 to present, including, but not limited to itemized statements, ledger sheets and/or ds, CD-ROM, documents stored electronically, all billing that reflect any payments, adjusintents, discounts, write offs, insurance records and/or claims and any other type billing documents contained your files and/or offices “in Before me, the undersigned authority, personally appeared Karyeni etna din Per Ing an eed INE ENE ee , who, being by me duly sworn, deposed as follows: (Custodian of Records) My nome is Ktramn@in EX G. eeroS . ee hired fam 18 years of age and of sound mind, capable of makiay bis affidavit, and p onally acquainted with the faets herein stated! : Jam the Custodian of Records Foy LONESTAR ORTHOPEDICS Alluched to this affidavit are pages of recerds that provide an itemized statement of the service service OULIG |ZO23 that LONESTAR ORTHOPEDIC: provided to RICHARD VILLNAVE ‘The attached records are a part of this affidavit. nd the charge for the from Gi 4 0372523. to i ‘The attached records ‘e kept by LONESTAR ORTHOPEDICS in the regular course of business, and it was the regular course of business of LONESTAR ORTHOPEDI ICS for an employee or representative of LONESTAR ORTHOPEDICS, with knowledge of the service provided, to make the record or te transmit information to be included in the record, ‘The records were inade in the repular 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 foy the services was reasonable at the time and place that the services were provided. For serviees provided, the amount paid £_ 2 O0 -00 and the amount still outstanding 871,240.30 add ap i6 @ totaloft “2, AG © + 80 whi¢h is the amount LONESTAR, ORTHOPEDICS was/is legally entitled to recover. sean AFFIANT: ial ecords} 4 Sworn to and subscribed before me an the day of Fe kas VU CAL by 2023 Ke ta iesenemati ire 3 He 2gs HE Hetsey dA ha MUNGE ot ABS nn se omen. & pire 24 NOTARY PUBLIC 806 ei My Commission Expires; CFS ha lio def nn Order'No, 126214.023 PL TIFF000299 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: 72653163 Status as of 2/10/2023 1:33 PM CST Associated Case Party: Encore Dredging Partners, LLC Name BarNumber | Email TimestampS ubmitted | Status Corey PParenton corey@ seklaw.com | 2/10/2023 1:06:35 PM SENT Case Contacts Name BarNumber | Email TimestampSubmitted Status Caroline Adams cadams@ txattorneys.com 2/10/2023 1:06:35 PM SENT Anthony G.Buzbee tbuzbee@ txattorneys.com 2/10/2023 1:06:35 PM SENT J esse Rubio jrubio@ txattorneys.com 2/10/2023 1:06:35 PM SENT Daedra Minigan dminigan@ txattorneys.com 2/10/2023 1:06:35 PM SENT Amanda Dees adees@ txattorneys.com 2/10/2023 1:06:35 PM SENT