Preview
FILED
DALLAS COUNTY
10/27/2017 8:31 AM
FELICIA PITRE
No.
N0. DC-17-00333
DC-l 7-00333
DISTRICT CLERK
ROBERT J.
J. IRWIN : IN THE DISTRICT COURT OF
vs.
VS. : DALLAS COUNTY, TEXAS
DALLASCOUNTY,TEXAS
MARK ANTHONY RICHARD AND :
MICROWAVE TRANSMISSION SYSTEMS, INC. : 162ND JUDICIAL DISTRICT
NOTICE OF INTENTION
TO TAKE
TOT AKE DEPOSITION BY WRITTEN QUESTIONS
To Plaintiff,
Plaintiff, by
by and through
through their
their attomey(s)
attomey(s) of record:
record: Mr. Daniel
Daniel Sullivan,
Sullivan, Bailey
Bailey & Galyen,
Galyen, 1300 Summit Ave.,Ave., Ste
Ste 650,
650,
Fort Worth, Texas 76102
You will please take
will please take notice
notice that
that twenty
twenty (20)
(20) days
days from
fi'om the service of
the service of a
a copy
copy hereof
hereof with
with attached
attached questions,
questions, at
at the
the office
office of the
the
Custodian,
Custodian, aa deposition
deposition by
by written
written questions
questions will
will be taken of
be taken of Custodian
Custodian of
of Records
Records for:
for:
Hitesh
Hitesh B.
B. Yagnik,
Yagnik, M.D. (Medical)
(Medical)
5930 W. Parker Road, Suite
Suite 900
Plano,
Plano, TX 75093
Hitesh
Hitesh B.
B. Yagnik, Radiology)_ _ _ _ _ _ __
Yagnik, M.D. (Radiology)
5930 W. Parker Road, Suite
Suite 900
Plano,
Plano, TX 75093
All Injury
All Inj ury Rehab/Plano Injury
Injury & Rehab (Medical)
(Medical)
905 W. Parker Road
905
Plano,
Plano, TX 75023
All Injury
All Injury Rehab/Plano Injury
Injury & Rehab (Radiology)
(Radiology)
905
905 W. Parker Road
Plano,
Plano, TX 75023
DFW OPEN MRI (Medical)
(Medical)
3830 W. Northwest
Northwest Highway, Suite
Suite 350
Dallas,
Dallas, TX 75220
DFW OPEN MRI (Radiology)
(Radiology)
3830 W. Northwest Highway,
Highway, Suite
Suite 350
Dallas,
Dallas, TX 75220
Diagnostics, LLC (Medical)
Greenhead Diagnostics, (Medical)
637 Merlot Court
Fairview,
Fairview, TX 75069-1521
Diagnostics, LLC (Radiology)
Greenhead Diagnostics, (Radiology)
637 Merlot Court
Fairview,
Fairview, TX 75069-1521
MD Now/Charles DeMarque, M.D. (Medical)
(Medical)
4020 N.
N. MacArthur Boulevard,
Boulevard, Suite
Suite 122-286
122—286
Irving,
Irving, TX 75038
75038
MD Now/Charles DeMarque, M.D. (Radiology)
(Radiology)
4020 N.
N. MacArthur Boulevard,
Boulevard, Suite
Suite 122-286
Irving,
Irving, TX 75038
Order
Order No.
No. 3499
Spine
Spine & Orthopedic
Orthopedic Academic Research
Research Institute
Institute (SOAR)/Brian
(SOAR)/Brian D.
D. Reece,
Reece, M.D. (Medical)
(Medical)
4100
4100 Fairway
Fairway Drive,
Drive, Suite
Suite 100
100
Carrollton,
Carrollton, TX 75010
Spine & Orthopedic
Spine Orthopedic Academic Research
Research Institute
Institute (SOAR)/Brian D. Reece,
(SOAR)/Brian D. Reece, M.D. (Radiology)
(Radiology)
4100
4100 Fairway
Fairway Drive,
Drive, Suite
Suite 100
100
Carrollton,
Carrollton, TX 75010
Precision
Precision DME (Medical)
(Medical)
16135
16135 Preston
Preston Road
Suite
Suite 300
Dallas,
Dallas, TX 75248
Precision
Precision DME (Radiology)
(Radiology)
16135
16135 Preston
Preston Road
Suite
Suite 300
Dallas,
Dallas, TX 75248
Texas
Texas Anesthesia
Anesthesia Group (Medical)
(Medical)
100
100 Highland Park Village,
Village, Suite
Suite 206
Dallas,
Dallas, TX 75205
Texas Anesthesia
Anesthesia Group (Radiology)
(Radiology)
100
100 Highland Park Village,
Village, Suite
Suite 206
Dallas,
Dallas, TX 75205
North Star
Star Diagnostic
Diagnostic Imaging (Medical)
(Medical)
8501 Wade Boulevard,
Boulevard, Suite
Suite 220
Frisco,
Frisco, TX 75034
North Star
Star Diagnostic
Diagnostic Imaging (Radiology)
(Radiology)
8501
8501 Wade Boulevard,
Boulevard, Suite
Suite 220
Frisco,
Frisco, TX 75034
Frisco
Frisco Ambulatory Surgery Center (Medical)
(Medical)
5616 Warren Parkway, Suite
Suite 100
Frisco,
Frisco, TX 75034
Frisco
Frisco Ambulatory Surgery
Surgery Center (Radiology)
(Radiology)
5616 Warren Parkway, Suite
Suite 100
Frisco,
Frisco, TX 75034
before
before a
a Notary
Notary Public
Public for
for Folks Associates, Inc.
Folks & Associates, Inc.
P.O. Box 851168
Mesquite,
Mesquite, TX 75185-1168
(214)
(214) 320-9823 Fax (972)
(972) 285-1613
www.folksassociates.com
www.folksassociates.com
or
or its
its designated
designated agent,
agent, which deposition
deposition with
with attached
attached questions
questions may be be used in evidence
used in evidence upon the
the trial
trial of
of the
the above-styled
above-styled and and
numbered cause pending in in the
the above named court. Notice is
court. Notice is fimher
further given
given that
that request
request is
is hereby
hereby made as as authorized
authorized under
under Rule
Rule
200,
200, Texas Rules of Civil
Civil Procedure,
Procedure, toto the
the officer taking this
oficer taking this deposition
deposition toto issue
issue aa subpoena
subpoena duces
duces tecum
tecum and cause
cause itit to
to be
be
served on the
the witness to
to produce any
any and all
all records
records as
as described
described on thethe attached
attached questions
questions and/or
and/or Exhibit(s)
Exhibit(s) and anyany other
other such
such
record in
record in the
the possession,
possession, custody
custody oror control
control of the
the said witness, and
said witness, and every
every such
such record
record to
to which
which the
the witness
witness may have
have access,
access,
pertaining
pertaining to:
to: ROBERT J. J. IRWIN and to turn all
to turn all such records
records over
over to
to the
the officer
officer authorized
authorized to
to take
take this
this deposition
deposition soso that
that
photographic reproductions of the the same may be made and attached to said
attached to said deposition.
deposition.
Order No.
N0. 3499
Respectfully
Respectfully submitted,
submitted,
flak
Carlos A. Balido
Bar I.D.
I.D. 01631230
Walters, Balido & Crain
Walters,
10440 N. Central
Central Expwy.,
Expwy., 15th Floor
Dallas,
Dallas, TX 75231
(214)
(214) 749-4805 Fax:
Fax: (214)
(214) 760-1670
Attorney for
for Defendant
0F SERVICE
CERTIFICATE OF
II certify
certify that
that a
a true
true and correct
conect copy
copy of
of the
the foregoing
foregoing Notice
Notice and
and written
written questions
questions have
have been
(xx
(xx )) faxed
faxed (( )) e-mailed
e-mailed (( ))hand—delivered
hand-delivered (( )) mailed
mailed receipt
receipt requested,
requested, to
to the
the attorneys
attorneys ofrecord.
ofrecord.
Dated:
Dated: October 16,
16, 2017
54k
Order No. 3499
Order No.
No. DC—17-00333
N0. DC-17-00333
J. IRWIN
ROBERT J. : 0F
IN THE DISTRICT COURT OF
vs.
VS. : DALLAS COUNTY, TEXAS
MARK ANTHONY RICHARD AND :
MICROWAVE TRANSMISSION SYSTEMS, INC. : 162ND JUDICIAL DISTRICT
DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS
Custodian of
Custodian of Records
for: Hitesh
Records Hitesh B.
for: Yagnik, M.D.
B. Yagnik,
Records Pertaining
Records ROBERT J.
Pertaining To:
To: J. IRWIN
of Records: ANY AND ALL MEDICAL RECORDS, CLINIC RECORDS, REPORTS, ADMISSION FORMS,
Type ofRecords:
Type
PATIENT INFORMATION AND IDSTORY HISTORY FORMS, DISCHARGE SUMMARIES, X-RAY
REPORTS, X-RAY FILMS, INSURANCE RECORDS, OTHER HEALTH CARE PROVIDERS'
REPORTS AND CONSULTATIONS, PRESCRIPTION RECORDS, THERAPY RECORDS, LAB
REPORTS, NOTES, NURSES' NOTES, DOCTORS' NOTES, TEST RESULTS, MESSAGE SLIPS,
LETTERS OF PROTECTION, CORRESPONDENCE, PHOTOGRAPHS AND ANY OTHER
TANGIBLE DOCUMENTS (EXCLUDING BILLING RECORDS) ON ROBERT J. J. IRWIN, SSN
XXX-XX-X436, DOB 02/14/1956,
XXX—XX—X436, 02/1 4/1956, FROM 02/14/1956 T0 PRESENT
02/14/1956 TO
1.
l. Please state
Please state your
your full name.
full name.
Answer:
- - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
2.
2. Please state
Please by
state by you are
whom you are employed
employed and the business
and the business address.
address.
Answer:
Answer: _ _ _ _ _ _ _ __ _ _ _ __ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
3.
3. What is the title
is the title of your
your position
position or job?
0r job?
Answer:
Answer:
- - - - -- - - - - -- - - - - - - - - - - - - - - - - -- - - -- - - -- -
4.
4. Are the
the medical
medical records,
records, outlined
outlined in the subpoena duces
in the tecum, pertaining
duces tecum, pertaining to
to the
the above~named
aboveénamed person,
person, in your custody
in your custody or
0r
subject to your
subj ect to your control,
control, supervision or direction?
supervision or direction?
Answer:
Answer:-- -- - - - - - -- - ---------------------------
5.
5. Are you
you able
able to
to identify
identify these medical records
these medical records as the originals
as the originals or true copies
or true copies of
of the originals?
the originals?
Answer:
- - -- - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - -
6.
6. Please
Please release
release exact duplicates of the
exact duplicates the medical records mentioned
medical records mentioned inin Question
Question No. 4
4 or
or the
the originals thereof for
originals thereof photocopying
for photocopying
for
for attachment to this
attachment to this deposition. you complied?
deposition. Have you complied? If not, why?
If not, why?
Answer: - - - -- - - - - - - -- -- -- - - - - - - - - - - - - - - - - -- -- - -
Answer:
7.
7. Are the
the copies which you
copies which have provided
you have provided true
true and
and correct
correct copies of all
copies of all such medical records?
such medical records?
Answer:
Answer:
- - - - - - - - - - - - -- - - - - - - -- - -- -- - - - - -- - - - -- -
8.
8. Were such
such medical records
records kept
kept in
in the regular course
the regular course of business of
of business of this
this facility?
facility?
Answer:
Answer:---------------------------------------
Order No. 3499.001
Order No. 3499.001
9.
9. Please
Please state whether or
state whether or not it was the
not it the regular
regular course
course of
of business of the above
business ofthe above mentioned
mentioned facility
facility for
for a person with
a person with knowledge
knowledge
of the
the acts,
acts, events,
events, conditions,
conditions, opinion, or diagnoses
opinion, or diagnoses recorded to make the
recorded to the record or to
record or to transmit
transmit information
information thereof to be
thereof to be
included
included in
in such record.
such record.
Answer:
Answer: - - - - - - - - -- - - - - - -- - - - -- - -- - - -- - - - - - - - - -- -- -
10.
10. Were the
the medical records
records made by
by nurses,
nurses, doctors and other
doctors and other employees
employees or representatives made at
or representatives or near
at or near the
the time
time when the
the
acts, events, conditions,
acts, events, conditions, courses
courses of treatment, diagnoses
of Ueatment, diagnoses and
and other
other information
information contained therein occurred,
contained therein were observed
occurred, were observed or
or
rendered, or
rendered, or made reasonably
reasonably soon thereafter?
soon thereafter?
Answer: - - - -- -- - - - - -- - - - - -- - - - - - - - - - - -- - - - - - - - - - --
Answer:
11.
11. Have any of the subpoenaed
any ofthe subpoenaed records
records been withheld
withheld from production at the
production at the request of anyone
request of anyone or
or for
for any
any reason? If so,
reason? If so, please
please
state
state by
by whom and
and why.
why.
Answer:
Answer: - - - - - -- - - - -- - - - - -- - - - -- - - -- - - - - - - - - -- - - - --
12.
12. Are there
there any other locations
any other where records
locations where records or
or documents
documents as requested in
as requested in the
the subpoena
subpoena duces
duces tecum would be
tecum would be kept?
kept? If yes,
If yes,
please identify
please the name and
identify the and address
address of the locations.
of the locations.
Answer:
Answer: - - - - - -- -- - - - -- - - - - - - - -- -- - - - - - - - -- - - - - - - - -
13.
13. In the event
In the that no records
event that records can
can be found, are there
found, are there document archives
archives or
or document retention
retention policies
policies which
which explain their
explain their
absence? If
absence? If so, please explain
so, please explain in detail.
in detail.
Answer: - - - - - -- -- - -- - - - - - -- - - - - - - - -- - -- - - - - - - - - - - -
Answer:
(Custodian of
WITNESS (Custodian Records)
of Records)
Before me, the
Before me, the undersigned
undersigned authority, on this
authority, on this day
day personally
personally appeared
appeared _ _ _ _ _ _ _ __ _ _ _ _ __ _ _ _
to me to
known to to be the person
be the person whose name is subscribed to
is subscribed to the foregoing instrument
the foregoing instrument in
in the
the capacity
capacity therein
therein stated,
stated, who being
being first
first
duly
duly sworn,
sworn, stated
stated upon his/her
his/her oath that the
oath that the answers to the
answers to the foregoing
foregoing questions
questions are
are true and correct,
true and correct, and that the
and that records attached
the records attached
hereto are
hereto are exact duplicates of the
exact duplicates original records.
the original records.
SWORN TO AND SUBSCRIBED before
before me this
this _ _ _ _ _ day
day of
0f _ _ _ _ _ _ __ __, 20
20 _ _ _ ,
NOTARY PUBLIC
My Commission Expires: _ _ _ _ _ _ _ _ _ _ _ _ __ _
Commission Expires:
Order No. 3499.001
Order No. 3499.001
No. DC-17-00333
DC-l7-00333
J. mWIN
ROBERT J. IRWIN : 0F
IN THE DISTRICT COURT OF
vs.
VS. : DALLAS COUNTY, TEXAS
DALLASCOUNTY,TEXAS
MARK ANTHONY RICHARD AND
MARK :
MICROWAVE TRANSMISSION SYSTEMS, INC. : 162ND JUDICIAL DISTRICT
DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS
Custodian
Custodian of Records for:
for: Hitesh B. Yagnik, M.D.
Records Pertaining
Pertaining To: ROBERT J. J. mWIN
IRWIN
Type
Type of
of Records:
Records: Any and all
all diagnostic images,
images, including but not limited
limited to,
to, any and all
all X-rays, CT Scans and MRl's
pertaining to
pertaining to ROBERT J. J. ffiWIN,
IRWIN, DOB 02/14/1956, SSN XXX-XX-X436, from 02/14/1956 to to present
1.
I. Please
Please state
state your
your full
filll name.
Answer:
Answer:----------- - -- - - - - - - - - - - - -- - - -- - - -- - - - - -
2.
2. Please
Please state by whom you
state by you are
are employed and the business address.
the business address.
Answer:
Answer: _ _ __ _ _ _ _ _ __ __ _ _ __ _ _ _ _ _ _ __ _ _ _ _ _ __ __ _ _ __ __
3.
3. What is
is the
the title
title of your position
ofyour position or
or job?
Answer: - - -- - - -- - - -- - -- - - - -- -- -- -- - - - - - - - - -- -- - -
Answer:
4.
4. Are the
Are the diagnostic
diagnostic images,
images, outlined
outlined in
in the
the subpoena duces tecum,
tecum, pertaining
pertaining to
to the
the above-named
above—named person,
person, in
in your
your custody
custody or
or
subject
subject to your control,
to your control, supervision
supervision or
or direction?
direction?
Answer:
Answer:
- - - - - - - - - - -- - - - - - - - -- - - -- - - - - - - - - - -- - - - -
5.
5. Are you
you able
able to
to identify
identify these
these diagnostic
diagnostic images
images as
as the
the originals
originals or
or true
true and correct
correct copies
copies of the originals?
ofthe originals?
Answer: - -- - - -- -- - - - - - - - -- -- - -- - - - - - - - - -- -- - -- --
Answer:
6.
6. Please
Please release
release exact
exact duplicates
duplicates of
0f the
the diagnostic
diagnostic images
images mentioned in
in Question
Question No. 4 or
or the
the originals
originals thereof
thereof for
for duplication
duplication
for
for attachment
attachment to
to this
this deposition.
deposition. Have you
you complied?
complied? Ifnot,
If not, why?
Answer:
Answer: _ _ _ _ _ _ _ __ _ _ __ _ _ _ _ _ _ _ __ _ __ _ _ _ _ _ _ _ _ __ _ __ __
7.
7. Are the
the copies
copies which you
you have provided
provided true
n'ue and correct
correct copies
copies of all
all such
such diagnostic
diaglostic images?
images?
Answer:
Answer:
- - - - - - - -- -- - - -- - - -- - - - - -- - - - - - - - - -- - - - - -
8.
8. Were such
such diagnostic
diagnostic images
images kept
kept in
in the
the regular
regular course
course of business
business of this
this facility?
facility?
Answer:
Answer: _ _ _ _ _ _ _ _ _ _ __ __ _ _ _ _ _ _ _ _ __ __ _ __ __ _ _ _ _ _ _ _ __
Order No. 3499.002
9. Please
Please state
state whether or not it was in
not it in the regular
regular course of business
business of the
the above mentioned facility
facility for
for a person with
knowledge of the
the acts,
acts, events,
events, reports,
reports, and/or diagnostic
diagnostic images recorded toto make the
the record or
Preview
FILED DALLAS COUNTY 10/27/2017 8:31 AM FELICIA PITRE No. N0. DC-17-00333 DC-l 7-00333 DISTRICT CLERK ROBERT J. J. IRWIN : IN THE DISTRICT COURT OF vs. VS. : DALLAS COUNTY, TEXAS DALLASCOUNTY,TEXAS MARK ANTHONY RICHARD AND : MICROWAVE TRANSMISSION SYSTEMS, INC. : 162ND JUDICIAL DISTRICT NOTICE OF INTENTION TO TAKE TOT AKE DEPOSITION BY WRITTEN QUESTIONS To Plaintiff, Plaintiff, by by and through through their their attomey(s) attomey(s) of record: record: Mr. Daniel Daniel Sullivan, Sullivan, Bailey Bailey & Galyen, Galyen, 1300 Summit Ave.,Ave., Ste Ste 650, 650, Fort Worth, Texas 76102 You will please take will please take notice notice that that twenty twenty (20) (20) days days from fi'om the service of the service of a a copy copy hereof hereof with with attached attached questions, questions, at at the the office office of the the Custodian, Custodian, aa deposition deposition by by written written questions questions will will be taken of be taken of Custodian Custodian of of Records Records for: for: Hitesh Hitesh B. B. Yagnik, Yagnik, M.D. (Medical) (Medical) 5930 W. Parker Road, Suite Suite 900 Plano, Plano, TX 75093 Hitesh Hitesh B. B. Yagnik, Radiology)_ _ _ _ _ _ __ Yagnik, M.D. (Radiology) 5930 W. Parker Road, Suite Suite 900 Plano, Plano, TX 75093 All Injury All Inj ury Rehab/Plano Injury Injury & Rehab (Medical) (Medical) 905 W. Parker Road 905 Plano, Plano, TX 75023 All Injury All Injury Rehab/Plano Injury Injury & Rehab (Radiology) (Radiology) 905 905 W. Parker Road Plano, Plano, TX 75023 DFW OPEN MRI (Medical) (Medical) 3830 W. Northwest Northwest Highway, Suite Suite 350 Dallas, Dallas, TX 75220 DFW OPEN MRI (Radiology) (Radiology) 3830 W. Northwest Highway, Highway, Suite Suite 350 Dallas, Dallas, TX 75220 Diagnostics, LLC (Medical) Greenhead Diagnostics, (Medical) 637 Merlot Court Fairview, Fairview, TX 75069-1521 Diagnostics, LLC (Radiology) Greenhead Diagnostics, (Radiology) 637 Merlot Court Fairview, Fairview, TX 75069-1521 MD Now/Charles DeMarque, M.D. (Medical) (Medical) 4020 N. N. MacArthur Boulevard, Boulevard, Suite Suite 122-286 122—286 Irving, Irving, TX 75038 75038 MD Now/Charles DeMarque, M.D. (Radiology) (Radiology) 4020 N. N. MacArthur Boulevard, Boulevard, Suite Suite 122-286 Irving, Irving, TX 75038 Order Order No. No. 3499 Spine Spine & Orthopedic Orthopedic Academic Research Research Institute Institute (SOAR)/Brian (SOAR)/Brian D. D. Reece, Reece, M.D. (Medical) (Medical) 4100 4100 Fairway Fairway Drive, Drive, Suite Suite 100 100 Carrollton, Carrollton, TX 75010 Spine & Orthopedic Spine Orthopedic Academic Research Research Institute Institute (SOAR)/Brian D. Reece, (SOAR)/Brian D. Reece, M.D. (Radiology) (Radiology) 4100 4100 Fairway Fairway Drive, Drive, Suite Suite 100 100 Carrollton, Carrollton, TX 75010 Precision Precision DME (Medical) (Medical) 16135 16135 Preston Preston Road Suite Suite 300 Dallas, Dallas, TX 75248 Precision Precision DME (Radiology) (Radiology) 16135 16135 Preston Preston Road Suite Suite 300 Dallas, Dallas, TX 75248 Texas Texas Anesthesia Anesthesia Group (Medical) (Medical) 100 100 Highland Park Village, Village, Suite Suite 206 Dallas, Dallas, TX 75205 Texas Anesthesia Anesthesia Group (Radiology) (Radiology) 100 100 Highland Park Village, Village, Suite Suite 206 Dallas, Dallas, TX 75205 North Star Star Diagnostic Diagnostic Imaging (Medical) (Medical) 8501 Wade Boulevard, Boulevard, Suite Suite 220 Frisco, Frisco, TX 75034 North Star Star Diagnostic Diagnostic Imaging (Radiology) (Radiology) 8501 8501 Wade Boulevard, Boulevard, Suite Suite 220 Frisco, Frisco, TX 75034 Frisco Frisco Ambulatory Surgery Center (Medical) (Medical) 5616 Warren Parkway, Suite Suite 100 Frisco, Frisco, TX 75034 Frisco Frisco Ambulatory Surgery Surgery Center (Radiology) (Radiology) 5616 Warren Parkway, Suite Suite 100 Frisco, Frisco, TX 75034 before before a a Notary Notary Public Public for for Folks Associates, Inc. Folks & Associates, Inc. P.O. Box 851168 Mesquite, Mesquite, TX 75185-1168 (214) (214) 320-9823 Fax (972) (972) 285-1613 www.folksassociates.com www.folksassociates.com or or its its designated designated agent, agent, which deposition deposition with with attached attached questions questions may be be used in evidence used in evidence upon the the trial trial of of the the above-styled above-styled and and numbered cause pending in in the the above named court. Notice is court. Notice is fimher further given given that that request request is is hereby hereby made as as authorized authorized under under Rule Rule 200, 200, Texas Rules of Civil Civil Procedure, Procedure, toto the the officer taking this oficer taking this deposition deposition toto issue issue aa subpoena subpoena duces duces tecum tecum and cause cause itit to to be be served on the the witness to to produce any any and all all records records as as described described on thethe attached attached questions questions and/or and/or Exhibit(s) Exhibit(s) and anyany other other such such record in record in the the possession, possession, custody custody oror control control of the the said witness, and said witness, and every every such such record record to to which which the the witness witness may have have access, access, pertaining pertaining to: to: ROBERT J. J. IRWIN and to turn all to turn all such records records over over to to the the officer officer authorized authorized to to take take this this deposition deposition soso that that photographic reproductions of the the same may be made and attached to said attached to said deposition. deposition. Order No. N0. 3499 Respectfully Respectfully submitted, submitted, flak Carlos A. Balido Bar I.D. I.D. 01631230 Walters, Balido & Crain Walters, 10440 N. Central Central Expwy., Expwy., 15th Floor Dallas, Dallas, TX 75231 (214) (214) 749-4805 Fax: Fax: (214) (214) 760-1670 Attorney for for Defendant 0F SERVICE CERTIFICATE OF II certify certify that that a a true true and correct conect copy copy of of the the foregoing foregoing Notice Notice and and written written questions questions have have been (xx (xx )) faxed faxed (( )) e-mailed e-mailed (( ))hand—delivered hand-delivered (( )) mailed mailed receipt receipt requested, requested, to to the the attorneys attorneys ofrecord. ofrecord. Dated: Dated: October 16, 16, 2017 54k Order No. 3499 Order No. No. DC—17-00333 N0. DC-17-00333 J. IRWIN ROBERT J. : 0F IN THE DISTRICT COURT OF vs. VS. : DALLAS COUNTY, TEXAS MARK ANTHONY RICHARD AND : MICROWAVE TRANSMISSION SYSTEMS, INC. : 162ND JUDICIAL DISTRICT DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS Custodian of Custodian of Records for: Hitesh Records Hitesh B. for: Yagnik, M.D. B. Yagnik, Records Pertaining Records ROBERT J. Pertaining To: To: J. IRWIN of Records: ANY AND ALL MEDICAL RECORDS, CLINIC RECORDS, REPORTS, ADMISSION FORMS, Type ofRecords: Type PATIENT INFORMATION AND IDSTORY HISTORY FORMS, DISCHARGE SUMMARIES, X-RAY REPORTS, X-RAY FILMS, INSURANCE RECORDS, OTHER HEALTH CARE PROVIDERS' REPORTS AND CONSULTATIONS, PRESCRIPTION RECORDS, THERAPY RECORDS, LAB REPORTS, NOTES, NURSES' NOTES, DOCTORS' NOTES, TEST RESULTS, MESSAGE SLIPS, LETTERS OF PROTECTION, CORRESPONDENCE, PHOTOGRAPHS AND ANY OTHER TANGIBLE DOCUMENTS (EXCLUDING BILLING RECORDS) ON ROBERT J. J. IRWIN, SSN XXX-XX-X436, DOB 02/14/1956, XXX—XX—X436, 02/1 4/1956, FROM 02/14/1956 T0 PRESENT 02/14/1956 TO 1. l. Please state Please state your your full name. full name. Answer: - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2. 2. Please state Please by state by you are whom you are employed employed and the business and the business address. address. Answer: Answer: _ _ _ _ _ _ _ __ _ _ _ __ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 3. 3. What is the title is the title of your your position position or job? 0r job? Answer: Answer: - - - - -- - - - - -- - - - - - - - - - - - - - - - - -- - - -- - - -- - 4. 4. Are the the medical medical records, records, outlined outlined in the subpoena duces in the tecum, pertaining duces tecum, pertaining to to the the above~named aboveénamed person, person, in your custody in your custody or 0r subject to your subj ect to your control, control, supervision or direction? supervision or direction? Answer: Answer:-- -- - - - - - -- - --------------------------- 5. 5. Are you you able able to to identify identify these medical records these medical records as the originals as the originals or true copies or true copies of of the originals? the originals? Answer: - - -- - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - 6. 6. Please Please release release exact duplicates of the exact duplicates the medical records mentioned medical records mentioned inin Question Question No. 4 4 or or the the originals thereof for originals thereof photocopying for photocopying for for attachment to this attachment to this deposition. you complied? deposition. Have you complied? If not, why? If not, why? Answer: - - - -- - - - - - - -- -- -- - - - - - - - - - - - - - - - - -- -- - - Answer: 7. 7. Are the the copies which you copies which have provided you have provided true true and and correct correct copies of all copies of all such medical records? such medical records? Answer: Answer: - - - - - - - - - - - - -- - - - - - - -- - -- -- - - - - -- - - - -- - 8. 8. Were such such medical records records kept kept in in the regular course the regular course of business of of business of this this facility? facility? Answer: Answer:--------------------------------------- Order No. 3499.001 Order No. 3499.001 9. 9. Please Please state whether or state whether or not it was the not it the regular regular course course of of business of the above business ofthe above mentioned mentioned facility facility for for a person with a person with knowledge knowledge of the the acts, acts, events, events, conditions, conditions, opinion, or diagnoses opinion, or diagnoses recorded to make the recorded to the record or to record or to transmit transmit information information thereof to be thereof to be included included in in such record. such record. Answer: Answer: - - - - - - - - -- - - - - - -- - - - -- - -- - - -- - - - - - - - - -- -- - 10. 10. Were the the medical records records made by by nurses, nurses, doctors and other doctors and other employees employees or representatives made at or representatives or near at or near the the time time when the the acts, events, conditions, acts, events, conditions, courses courses of treatment, diagnoses of Ueatment, diagnoses and and other other information information contained therein occurred, contained therein were observed occurred, were observed or or rendered, or rendered, or made reasonably reasonably soon thereafter? soon thereafter? Answer: - - - -- -- - - - - -- - - - - -- - - - - - - - - - - -- - - - - - - - - - -- Answer: 11. 11. Have any of the subpoenaed any ofthe subpoenaed records records been withheld withheld from production at the production at the request of anyone request of anyone or or for for any any reason? If so, reason? If so, please please state state by by whom and and why. why. Answer: Answer: - - - - - -- - - - -- - - - - -- - - - -- - - -- - - - - - - - - -- - - - -- 12. 12. Are there there any other locations any other where records locations where records or or documents documents as requested in as requested in the the subpoena subpoena duces duces tecum would be tecum would be kept? kept? If yes, If yes, please identify please the name and identify the and address address of the locations. of the locations. Answer: Answer: - - - - - -- -- - - - -- - - - - - - - -- -- - - - - - - - -- - - - - - - - - 13. 13. In the event In the that no records event that records can can be found, are there found, are there document archives archives or or document retention retention policies policies which which explain their explain their absence? If absence? If so, please explain so, please explain in detail. in detail. Answer: - - - - - -- -- - -- - - - - - -- - - - - - - - -- - -- - - - - - - - - - - - Answer: (Custodian of WITNESS (Custodian Records) of Records) Before me, the Before me, the undersigned undersigned authority, on this authority, on this day day personally personally appeared appeared _ _ _ _ _ _ _ __ _ _ _ _ __ _ _ _ to me to known to to be the person be the person whose name is subscribed to is subscribed to the foregoing instrument the foregoing instrument in in the the capacity capacity therein therein stated, stated, who being being first first duly duly sworn, sworn, stated stated upon his/her his/her oath that the oath that the answers to the answers to the foregoing foregoing questions questions are are true and correct, true and correct, and that the and that records attached the records attached hereto are hereto are exact duplicates of the exact duplicates original records. the original records. SWORN TO AND SUBSCRIBED before before me this this _ _ _ _ _ day day of 0f _ _ _ _ _ _ __ __, 20 20 _ _ _ , NOTARY PUBLIC My Commission Expires: _ _ _ _ _ _ _ _ _ _ _ _ __ _ Commission Expires: Order No. 3499.001 Order No. 3499.001 No. DC-17-00333 DC-l7-00333 J. mWIN ROBERT J. IRWIN : 0F IN THE DISTRICT COURT OF vs. VS. : DALLAS COUNTY, TEXAS DALLASCOUNTY,TEXAS MARK ANTHONY RICHARD AND MARK : MICROWAVE TRANSMISSION SYSTEMS, INC. : 162ND JUDICIAL DISTRICT DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS Custodian Custodian of Records for: for: Hitesh B. Yagnik, M.D. Records Pertaining Pertaining To: ROBERT J. J. mWIN IRWIN Type Type of of Records: Records: Any and all all diagnostic images, images, including but not limited limited to, to, any and all all X-rays, CT Scans and MRl's pertaining to pertaining to ROBERT J. J. ffiWIN, IRWIN, DOB 02/14/1956, SSN XXX-XX-X436, from 02/14/1956 to to present 1. I. Please Please state state your your full filll name. Answer: Answer:----------- - -- - - - - - - - - - - - -- - - -- - - -- - - - - - 2. 2. Please Please state by whom you state by you are are employed and the business address. the business address. Answer: Answer: _ _ __ _ _ _ _ _ __ __ _ _ __ _ _ _ _ _ _ __ _ _ _ _ _ __ __ _ _ __ __ 3. 3. What is is the the title title of your position ofyour position or or job? Answer: - - -- - - -- - - -- - -- - - - -- -- -- -- - - - - - - - - -- -- - - Answer: 4. 4. Are the Are the diagnostic diagnostic images, images, outlined outlined in in the the subpoena duces tecum, tecum, pertaining pertaining to to the the above-named above—named person, person, in in your your custody custody or or subject subject to your control, to your control, supervision supervision or or direction? direction? Answer: Answer: - - - - - - - - - - -- - - - - - - - -- - - -- - - - - - - - - - -- - - - - 5. 5. Are you you able able to to identify identify these these diagnostic diagnostic images images as as the the originals originals or or true true and correct correct copies copies of the originals? ofthe originals? Answer: - -- - - -- -- - - - - - - - -- -- - -- - - - - - - - - -- -- - -- -- Answer: 6. 6. Please Please release release exact exact duplicates duplicates of 0f the the diagnostic diagnostic images images mentioned in in Question Question No. 4 or or the the originals originals thereof thereof for for duplication duplication for for attachment attachment to to this this deposition. deposition. Have you you complied? complied? Ifnot, If not, why? Answer: Answer: _ _ _ _ _ _ _ __ _ _ __ _ _ _ _ _ _ _ __ _ __ _ _ _ _ _ _ _ _ __ _ __ __ 7. 7. Are the the copies copies which you you have provided provided true n'ue and correct correct copies copies of all all such such diagnostic diaglostic images? images? Answer: Answer: - - - - - - - -- -- - - -- - - -- - - - - -- - - - - - - - - -- - - - - - 8. 8. Were such such diagnostic diagnostic images images kept kept in in the the regular regular course course of business business of this this facility? facility? Answer: Answer: _ _ _ _ _ _ _ _ _ _ __ __ _ _ _ _ _ _ _ _ __ __ _ __ __ _ _ _ _ _ _ _ __ Order No. 3499.002 9. Please Please state state whether or not it was in not it in the regular regular course of business business of the the above mentioned facility facility for for a person with knowledge of the the acts, acts, events, events, reports, reports, and/or diagnostic diagnostic images recorded toto make the the record or