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..
FILE
DALLAS COUNW
1/16/2019 1:26 P§M
FELICIA PITR‘E
DISTRICT CLERK
Margaret Thomas
No. DC-1 7-1 1 588
PATRICIA HUBBARD § IN THE DISTRICT COURT OF
§
vs. §
§ DALLAS COUNTY, TEXAS
LEONARDO LUNA §
§
§ 116TH JUD'CIAL DISTRICT
NOTICE OF iNTENTION
TO TAKE DEPOSITION BY WRITTEN QUESTIONS
To Plaintiff(s) by and through their attorney(s) of record: Jill Herz
To other party/parties by and through their attorney(s) of record:
You will please take notice that twenty (20) days from the service of a copy hereof with attached questions, a deposition
by written questions will be taken of Custodian of Records for:
Mark A. Johnston, M.D. (Medical Records)
Before a Notary Public for:
Compex Legal Services, Inc. (210)646-6424 Fax(210) 599-7621
3201 Cherry Ridge Drive, Suite 3207 San Antonio, TX 78230-4825
,
or its designated agent, which 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 Rules 176 and 200, 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 medical and emergency room
records, records, reports, radiology reports, pathology reports, x-ray reports, MRI reports, CT scan reports,
ultrasound reports, memoranda, correspondence, consultations, insurance records andlor claims, workers'
compensation records andlor claims, photographs, including but not limited to any and all documents which may
be contained in patient file from other care providers, including patient intake form, handwritten notes, telephone
messages, prescription rec‘ords, and any correspondence pertaining to the examination andlor treatment of:
Patricia Hubbard from 01/01/2013 to present and to tum ail 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.
Chad Archibald
Susan L. Florence & Associates
1201 EIm Street, Suite 5050
Dallas, TX 75270-21 O4
(214) 659-4352 Fax (877) 678-4763
Attorney for Defendant
State Bar # 241 05434
TEXASCS©COMPEXLEGALCOM
Compex Order No. J68974 e..—
y’ (4/6 fig
N0. DC-1 7-1 1 588
PATRICIA HUBBARD § IN THE DISTRICT COURT OF
§
vs. §
§ DALLAS COUNTY, TEXAS
LEONARDO LUNA §
§
§ 116TH JUDICIAL DISTRICT
CERTIFICATE OF SERVICE
| hereby certify that a true and correct copy of the foregoing Notice of Intention to Take Deposition upon Written
Questions was served to the respective p vrties and/or attorneys of record by certified mail, return receipt
requested, or hand delivery, or g; fax. g;
I" I5 ’1?
/
Wk—jf
W fiéA—Mw~”““'
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fl,
Dated:
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Chad Archibald
Compex Order No. J68974
ATTORNEYS OF RECORD
Chad Archibald
Susan L. Florence & Associates
1201 Elm Street, Suite 5050
Dallas, TX 75270~21 O4 (214) 659-4352 Fax (877) 678-4763
Attorney for Defendant
Jill Herz
Jill Herz, Attorney at Law, PC
900 Jackson Street,
430 Founders Square
Dallas, TX 75202 (214) 745-4567 Fax (214) 745-1 1 56
Attorney for Plaintiff
N0. DC-1 7-1 1 588
PATRICIA HUBBARD § IN THE DISTRICT COURT 0F
§
vs. §
§ DALLAS COUNTY, TEXAS
LEONARDO LUNA §
§
§ 116TH JUDICIAL DISTRmT
DIRECT QUESTIONS TO BE PROPOUNDED TO
THE CUSTODIAN OF RECORDS FOR:
Mark A. Johnston, M.D. (Medical Records)
from 01/01/2013 to present
What is your full name, address and telephone number?
Answer:
i am the custodian of records for:
(Please insert the name of your facility)
Did you receive a subpoena for the production of Medical Records from 01/01/2013 to present pertaining to
Patricia Hubbard?
Answer:
Are the records as outlined in the subpoena duces tecum, pertaining to Patricia Hubbard, in your custody or
subject to your controi, supervision or direction?
Answer:
Do you understand the subpoena requests all the records and documents pertaining to Patricia Hubbard and is
not limited to records and documents related to the incident, injury or illness which forms the basis of this lawsuit
nor is it limited in scope or time as to the record or document, unless otherwise specified within the subpoena?
Answer:
Were these memoranda, reports, records, and/or data compilations made or caused to be made by the above-
mentioned facility?
Answer:
Please state whether or not it was in the regular course of business of the above-mentioned facility for a person
withknowledge of the acts, events, conditions, opinions, or diagnoses recorded to make the record or to transmit
information thereof to be included in such record.
Answer:
Were the entries of memoranda, reports, records, and/or data compilations made at or shortly after the time of the
transaction recorded on these entries?
Answer:
Were these entries made and kept in the regular course of business?
Answer:
10. Was the method of preparation of these records trustworthy?
Answer:
11. Please attach to this deposition exact duplicates of the records as described within the subpoena pertaining to
Patricia Hubbard from 01/01/2013 to present. Have you done as requested? If not, please explain why you
have not.
Answer:
12. Are the copies which you have attached to this deposition, a true and correct copy of the original records as
requested in the subpoena pertaining to Patricia Hubbard from 01/01/2013 to present?
Answer:
13. In the event that no records can be found. are there document archives (i.e. microfiche) or document retention
policies, which explain their absence? If yes, please identify who has knowledge of those archives or policies for
the above listed.
Answer:
14. Are you aware of any other facility, entity, hospital, clinic, sanitarium, physician, chiropractor, psychologist,
psychiatrist, or osteopath, that may have records pertaining to Patricia Hubbard? If so, please state the name
and address of such entity and describe briefly what records they may possess.
Answer:
15. Have you been requested, directed or has even been suggested by any person (whether employer, employee,
it
anyone else) that any part of the records subject to this deposition be withheld or protected from
lawyer, patient or
discovery for any reason? If so, please state the name and address of the person who conveyed this information
toyou and when such event occurred.
Answer:
16. Do you have any reason to believe that the records subject to this deposition have been edited, purged, culied or
inany other manner made different from the way such records existed when created? If so, please eXpIain your
knowiedge or belief in that regard.
Answer:
Compex Order No. J68974
17. Are you aware that it may be necessary to subpoena you or your employer to court at the time of the trial of this
case, if you have NOT provided to the notary public taking your deposition, all papers documents, records,
correspondence, or tangible matters of any kind pertaining to Patricia Hubbard from 01/01/201 3 to present as
dictated by the attached subpoena?
Answer:
Signature of Deponent
Before me, the undersigned authority, on this day personally appeared
known to me to be the person
. whose name is subscribed to the
foregoing instrument in the capacity therein stated, who being first duly sworn, stated upon his/her oath that the
answers to the foregoing questions are true and correct. | further certify that the records attached hereto are exact
dupiicates of the original records.
SWORN TO AND SUBSCRIBED before me this day of ,
20
NOTARY PUBLIC
Preview
.. FILE DALLAS COUNW 1/16/2019 1:26 P§M FELICIA PITR‘E DISTRICT CLERK Margaret Thomas No. DC-1 7-1 1 588 PATRICIA HUBBARD § IN THE DISTRICT COURT OF § vs. § § DALLAS COUNTY, TEXAS LEONARDO LUNA § § § 116TH JUD'CIAL DISTRICT NOTICE OF iNTENTION TO TAKE DEPOSITION BY WRITTEN QUESTIONS To Plaintiff(s) by and through their attorney(s) of record: Jill Herz To other party/parties by and through their attorney(s) of record: You will please take notice that twenty (20) days from the service of a copy hereof with attached questions, a deposition by written questions will be taken of Custodian of Records for: Mark A. Johnston, M.D. (Medical Records) Before a Notary Public for: Compex Legal Services, Inc. (210)646-6424 Fax(210) 599-7621 3201 Cherry Ridge Drive, Suite 3207 San Antonio, TX 78230-4825 , or its designated agent, which 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 Rules 176 and 200, 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 medical and emergency room records, records, reports, radiology reports, pathology reports, x-ray reports, MRI reports, CT scan reports, ultrasound reports, memoranda, correspondence, consultations, insurance records andlor claims, workers' compensation records andlor claims, photographs, including but not limited to any and all documents which may be contained in patient file from other care providers, including patient intake form, handwritten notes, telephone messages, prescription rec‘ords, and any correspondence pertaining to the examination andlor treatment of: Patricia Hubbard from 01/01/2013 to present and to tum ail 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. Chad Archibald Susan L. Florence & Associates 1201 EIm Street, Suite 5050 Dallas, TX 75270-21 O4 (214) 659-4352 Fax (877) 678-4763 Attorney for Defendant State Bar # 241 05434 TEXASCS©COMPEXLEGALCOM Compex Order No. J68974 e..— y’ (4/6 fig N0. DC-1 7-1 1 588 PATRICIA HUBBARD § IN THE DISTRICT COURT OF § vs. § § DALLAS COUNTY, TEXAS LEONARDO LUNA § § § 116TH JUDICIAL DISTRICT CERTIFICATE OF SERVICE | hereby certify that a true and correct copy of the foregoing Notice of Intention to Take Deposition upon Written Questions was served to the respective p vrties and/or attorneys of record by certified mail, return receipt requested, or hand delivery, or g; fax. g; I" I5 ’1? / Wk—jf W fiéA—Mw~”““' ,3? fl, Dated: J} :2;4fi£,;‘£* f; fifihmdm.a~" Chad Archibald Compex Order No. J68974 ATTORNEYS OF RECORD Chad Archibald Susan L. Florence & Associates 1201 Elm Street, Suite 5050 Dallas, TX 75270~21 O4 (214) 659-4352 Fax (877) 678-4763 Attorney for Defendant Jill Herz Jill Herz, Attorney at Law, PC 900 Jackson Street, 430 Founders Square Dallas, TX 75202 (214) 745-4567 Fax (214) 745-1 1 56 Attorney for Plaintiff N0. DC-1 7-1 1 588 PATRICIA HUBBARD § IN THE DISTRICT COURT 0F § vs. § § DALLAS COUNTY, TEXAS LEONARDO LUNA § § § 116TH JUDICIAL DISTRmT DIRECT QUESTIONS TO BE PROPOUNDED TO THE CUSTODIAN OF RECORDS FOR: Mark A. Johnston, M.D. (Medical Records) from 01/01/2013 to present What is your full name, address and telephone number? Answer: i am the custodian of records for: (Please insert the name of your facility) Did you receive a subpoena for the production of Medical Records from 01/01/2013 to present pertaining to Patricia Hubbard? Answer: Are the records as outlined in the subpoena duces tecum, pertaining to Patricia Hubbard, in your custody or subject to your controi, supervision or direction? Answer: Do you understand the subpoena requests all the records and documents pertaining to Patricia Hubbard and is not limited to records and documents related to the incident, injury or illness which forms the basis of this lawsuit nor is it limited in scope or time as to the record or document, unless otherwise specified within the subpoena? Answer: Were these memoranda, reports, records, and/or data compilations made or caused to be made by the above- mentioned facility? Answer: Please state whether or not it was in the regular course of business of the above-mentioned facility for a person withknowledge of the acts, events, conditions, opinions, or diagnoses recorded to make the record or to transmit information thereof to be included in such record. Answer: Were the entries of memoranda, reports, records, and/or data compilations made at or shortly after the time of the transaction recorded on these entries? Answer: Were these entries made and kept in the regular course of business? Answer: 10. Was the method of preparation of these records trustworthy? Answer: 11. Please attach to this deposition exact duplicates of the records as described within the subpoena pertaining to Patricia Hubbard from 01/01/2013 to present. Have you done as requested? If not, please explain why you have not. Answer: 12. Are the copies which you have attached to this deposition, a true and correct copy of the original records as requested in the subpoena pertaining to Patricia Hubbard from 01/01/2013 to present? Answer: 13. In the event that no records can be found. are there document archives (i.e. microfiche) or document retention policies, which explain their absence? If yes, please identify who has knowledge of those archives or policies for the above listed. Answer: 14. Are you aware of any other facility, entity, hospital, clinic, sanitarium, physician, chiropractor, psychologist, psychiatrist, or osteopath, that may have records pertaining to Patricia Hubbard? If so, please state the name and address of such entity and describe briefly what records they may possess. Answer: 15. Have you been requested, directed or has even been suggested by any person (whether employer, employee, it anyone else) that any part of the records subject to this deposition be withheld or protected from lawyer, patient or discovery for any reason? If so, please state the name and address of the person who conveyed this information toyou and when such event occurred. Answer: 16. Do you have any reason to believe that the records subject to this deposition have been edited, purged, culied or inany other manner made different from the way such records existed when created? If so, please eXpIain your knowiedge or belief in that regard. Answer: Compex Order No. J68974 17. Are you aware that it may be necessary to subpoena you or your employer to court at the time of the trial of this case, if you have NOT provided to the notary public taking your deposition, all papers documents, records, correspondence, or tangible matters of any kind pertaining to Patricia Hubbard from 01/01/201 3 to present as dictated by the attached subpoena? Answer: Signature of Deponent Before me, the undersigned authority, on this day personally appeared known to me to be the person . whose name is subscribed to the foregoing instrument in the capacity therein stated, who being first duly sworn, stated upon his/her oath that the answers to the foregoing questions are true and correct. | further certify that the records attached hereto are exact dupiicates of the original records. SWORN TO AND SUBSCRIBED before me this day of , 20 NOTARY PUBLIC