Preview
FILED
8/10/2020 12:32 PM
FELICIA PITRE
DISTRICT CLERK
NO- DC'19'05985 DALLAS 00., TEXAS
Treva Parker—Ayodele DEPUTY
MATILDE RODRIGUEZ : IN THE DISTRICT COURT
vs. 191ST JUDICIAL DISTRICT
JAMES R. ALMOND DALLAS COUNTY, TEXAS
NOTICE OF INTENTION
TO TAKE DEPOSITION BY WRITTEN QUESTIONS
To Plaintiff by and through their attorney(s) of record: Mattie Doty
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:
Accident & Injury Chiropractic (MEDICAL RECORDS)
Cooper Clinic (MEDICAL RECORDS)
before a Notary Public for Unisource Discovery
4502 Centerview Drive, Ste. 113, San Antonio, Texas 78228
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 Rule 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 records as described on the
attached questions and/or Attachment and any other such record in the possession, custody or control of the said
witness, and every such record to which the witness may have access, pertaining to:
Matilde Rodriguez
and to turn all such records over to the officer authorized to take this deposition so that photographic reproductions of
the same may be made and attached to said deposition.
Ashley G. Whatley
Walters, Balido & Crain, LLP
10440 North Central Expressway
Dallas, TX 75231
214-347-8322 Fax 214-760-1 670
Attorney for Defendant
Bar #: 24050687
Attorney IS/ AM G. WW
Order No. 168537 - 1 Page 1 of 1 Notice of Intention
Plaintiff/Applicant: MATILDE RODRIGUEZ
Defendant/Respondent: JAMES R. ALMOND Case Number: DC-19-05985
Attachment
Order # 168537
Location # 1
Records of Matilde Rodriguez
AKA Matilde Guadalupe Gloria Rodriguez
Date of Birth
Social Security #
any and medical and emergency room records, reports, radiology reports, pathology reports, X-Ray reports, MRI
all
reports, CT
scan reports, ultrasound reports, memoranda, correspondence, consultations, insurance records and/or
claims, workers' compensation records and/or claims, photographs, including but not limited to any and all documents
which may be contained in patient file from other care providers, including patient information sheet, handwritten notes,
telephone messages, prescription records, and any correspondence pertaining to the examination and/or treatment
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 parties and/or attorneys of record by
requested, or hand delivery, or L fax.
certified mail, return receipt
Dated: AUGUSt 10, 2020
Unisource Discovery
4502 Centerview Drive, Ste. 113
San Antonio, Texas 78228
(888) 348-8879 Fax (210) 579-7019
recordstx@unisourcediscovery.com
ATTORNEYS OF RECORD
Ashley G. Whatley
Walters, Balido & Crain, LLP
10440 North Central Expressway Meadow Park Tower, Suite 1500
Dallas, TX 75231 214-347-8322 Fax 214-760-1670
Attorney for Defendant
Mattie Doty
Ben Abbott & Associates, PLLC
1934 Pendleton Drive
Garland, TX 75041 972-263-5555 Fax 972-682-7586
Order No. 168537 - 1 Page 1 of 1 Certificate of Service
N0. DC-1 9-05985
MATILDE RODRIGUEZ IN THE DISTRICT COURT
vs. 191ST JUDICIAL DISTRICT
JAMES R. ALMOND DALLAS COUNTY, TEXAS
DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS
Custodian of Records for: Accident & Injury Chiropractic
Records Pertaining To: Matilde Rodriguez
Type of Records: MEDICAL RECORDS
1. State your full name and occupation, address and telephone number.
NAME:
OCCUPATION:
ADDRESS:
CITY, STATE, ZIP:
TELEPHONE #:
In response to the Subpoena Duces Tecum you received, have you produced any and all medical and
emergency room records, reports, radiology reports, pathology reports, X-Ray reports, MRI reports, CT
scan reports, ultrasound reports, memoranda, correspondence, consultations, insurance records and/or
claims, workers' compensation records and/or claims, photographs, including but not limited to any and
all documents which may be contained in patient file from other care providers, including patient
information sheet, handwritten notes, telephone messages, prescription records, and any
correspondence pertaining to the examination and/or treatment pertaining to Matilde Rodriguez?
ANSWER:
Are you able to identify these records as the originals or true and correct copies of the originals?
ANSWER:
Were the records made at or near the time of the act, event, condition recorded on these records or
reasonably soon thereafter?
ANSWER:
In the regular course of business of your practice, business, or institution, did the person who signed the
records either have personal knowledge of the entries shown on the records or obtain the information to
make the entries from the sources who have such personal knowledge?
ANSWER:
Were such memoranda or documents then transmitted to your files and thereafter maintained under your
care, supervision, direction, custody or control as custodian of this facility?
ANSWER:
Were the memoranda or documents that were transmitted to your files original entries on the part of the
Custodian or other employee or member of the staff of the facility?
ANSWER:
Order No. 168537 - 1 Page 1 of 2 Questionnaire
Were the records or documents prepared at or about the time of the events and conditions they record?
ANSWER:
Were these records kept as described in the previous question?
ANSWER:
10. Please examine copies of the original requested records. Have you produced records for the attachment
to this Deposition?
ANSWER:
11. Has anything been removed from or altered in the original records before making these copies?
ANSWER:
12. If you have answered the previous question yes, please state fully and precisely what alteration was
made in the original records and/or films and attach copies of every document removed from the original
records.
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 so, please identify who has knowledge of those
archives or policies of the above named facility.
ANSWER:
14. Are you aware that it may be necessary to subpoena you or your employer to court at the time of trial if
you have not provided all the papers, notes, documents, records, general correspondence, or other
tangible items of any kind pertaining to the above named individual to the Notary Public taking your
deposition?
ANSWER: (Circle one) YES / NO
WITNESS (Custodian of Records)
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 duplicates of the original records.
SWORN TO AND SUBSCRIBED before me this day of ,
20
NOTARY PUBLIC
Order No. 168537 - 1 Page 2 of 2 Questionnaire
N0. DC-1 9-05985
MATILDE RODRIGUEZ IN THE DISTRICT COURT
vs. 191ST JUDICIAL DISTRICT
JAMES R. ALMOND DALLAS COUNTY, TEXAS
DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS
Custodian of Records for: Cooper Clinic
Records Pertaining To: Matilde Rodriguez
Type of Records: MEDICAL RECORDS
1. State your full name and occupation, address and telephone number.
NAME:
OCCUPATION:
ADDRESS:
CITY, STATE, ZIP:
TELEPHONE #:
In response to the Subpoena Duces Tecum you received, have you produced any and all medical and
emergency room records, reports, radiology reports, pathology reports, X-Ray reports, MRI reports, CT
scan reports, ultrasound reports, memoranda, correspondence, consultations, insurance records and/or
claims, workers' compensation records and/or claims, photographs, including but not limited to any and
all documents which may be contained in patient file from other care providers, including patient
information sheet, handwritten notes, telephone messages, prescription records, and any
correspondence pertaining to the examination and/or treatment pertaining to Matilde Rodriguez?
ANSWER:
Are you able to identify these records as the originals or true and correct copies of the originals?
ANSWER:
Were the records made at or near the time of the act, event, condition recorded on these records or
reasonably soon thereafter?
ANSWER:
In the regular course of business of your practice, business, or institution, did the person who signed the
records either have personal knowledge of the entries shown on the records or obtain the information to
make the entries from the sources who have such personal knowledge?
ANSWER:
Were such memoranda or documents then transmitted to your files and thereafter maintained under your
care, supervision, direction, custody or control as custodian of this facility?
ANSWER:
Were the memoranda or documents that were transmitted to your files original entries on the part of the
Custodian or other employee or member of the staff of the facility?
ANSWER:
Order No. 168537 - 2 Page 1 of 2 Questionnaire
Were the records or documents prepared at or about the time of the events and conditions they record?
ANSWER:
Were these records kept as described in the previous question?
ANSWER:
10. Please examine copies of the original requested records. Have you produced records for the attachment
to this Deposition?
ANSWER:
11. Has anything been removed from or altered in the original records before making these copies?
ANSWER:
12. If you have answered the previous question yes, please state fully and precisely what alteration was
made in the original records and/or films and attach copies of every document removed from the original
records.
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 so, please identify who has knowledge of those
archives or policies of the above named facility.
ANSWER:
14. Are you aware that it may be necessary to subpoena you or your employer to court at the time of trial if
you have not provided all the papers, notes, documents, records, general correspondence, or other
tangible items of any kind pertaining to the above named individual to the Notary Public taking your
deposition?
ANSWER: (Circle one) YES / NO
WITNESS (Custodian of Records)
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 duplicates of the original records.
SWORN TO AND SUBSCRIBED before me this day of ,
20
NOTARY PUBLIC
Order No. 168537 - 2 Page 2 of 2 Questionnaire
No. DC-19-05985
MATILDE RODRIGUEZ : IN THE DISTRICT COURT
vs. 191ST JUDICIAL DISTRICT
JAMES R. ALMOND DALLAS COUNTY, TEXAS
NOTICE OF INTENTION
TO TAKE DEPOSITION BY WRITTEN QUESTIONS
To Plaintiff by and through their attorney(s) of record: Mattie Doty
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:
Meso Maya, LLC (EMPLOYMENT & PAYROLL RECORDS)
before a Notary Public for Unisource Discovery
4502 Centerview Drive, Ste. 113, San Antonio, Texas 78228
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 Rule 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 records as described on the
attached questions and/or Attachment and any other such record in the possession, custody or control of the said
witness, and every such record to which the witness may have access, pertaining to:
Matilde Rodriguez
and to turn all such records over to the officer authorized to take this deposition so that photographic reproductions of
the same may be made and attached to said deposition.
Ashley G. Whatley
Walters, Balido & Crain, LLP
10440 North Central Expressway
Dallas, TX 75231
214-347-8322 Fax 214-760-1 670
Attorney for Defendant
Bar #: 24050687
Attorney /S/ AM G WW
Order No. 168537 - 3 Page 1 of 1 Notice of Intention
Plaintiff/Applicant: MATILDE RODRIGUEZ
Defendant/Respondent: JAMES R. ALMOND Case Number: DC-19-05985
Attachment
Order # 168537
Location # 3
Records of Matilde Rodriguez
AKA Matilde Guadalupe Gloria Rodriguez
Date of Birth
Social Security #
Any and documents and records pertaining to the employee, including but not limited to, any and all payroll
all
records, 1099 forms if applicable, and W-Zs; employment evaluations, job descriptions, physical exams and testing,
records regarding attendance, including work absence, days taken off sick or workers' compensation leave, vacation
absences, leaves of absence; copies of time cards; the application for employment and/or resume; employee benefit
forms; incident reports, including disciplinary action taken; any and all medical records and workers' compensation
records; regardless of date.
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 parties and/or attorneys of record by
requested, or hand delivery, or L fax.
certified mail, return receipt
Dated: AUGUSt 10, 2020
Unisource Discovery
4502 Centerview Drive, Ste. 113
San Antonio, Texas 78228
(888) 348-8879 Fax (210) 579-7019
recordstx@unisourcediscovery.com
ATTORNEYS OF RECORD
Ashley G. Whatley
Walters, Balido & Crain, LLP
10440 North Central Expressway Meadow Park Tower, Suite 1500
Dallas, TX 75231 214-347-8322 Fax 214-760-1670
Attorney for Defendant
Mattie Doty
Ben Abbott & Associates, PLLC
1934 Pendleton Drive
Garland, TX 75041 972-263-5555 Fax 972-682-7586
Order No. 168537 - 3 Page 1 of 1 Certificate of Service
N0. DC-1 9-05985
MATILDE RODRIGUEZ IN THE DISTRICT COURT
vs. 191ST JUDICIAL DISTRICT
JAMES R. ALMOND DALLAS COUNTY, TEXAS
DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS
Custodian of Records for: Meso Maya, LLC
Records Pertaining To: Matilde Rodriguez
Type of Records: EMPLOYMENT & PAYROLL RECORDS
1. State your full name and occupation, address and telephone number.
NAME:
OCCUPATION:
ADDRESS:
CITY, STATE, ZIP:
TELEPHONE #:
In response to the Subpoena Duces Tecum you received, have you produced Any and all documents
and records pertaining to the employee, including but not limited to, any and all payroll records, 1099
forms if applicable, and W-ZS; employment evaluations, job descriptions, physical exams and testing,
records regarding attendance, including work absence, days taken off sick or workers' compensation
leave, vacation absences, leaves of absence; copies of time cards; the application for employment
and/or resume; employee benefit forms; incident reports, including disciplinary action taken; any and all
medical records and workers' compensation records; regardless of date. pertaining to Matilde
Rodriguez?
ANSWER:
Are you able to identify these records as the originals or true and correct copies of the originals?
ANSWER:
Were these records kept in the regular course of business for your employer or this facility?
ANSWER:
In the regular course of business of your practice, business, or institution, did the person who signed the
records either have personal knowledge of the entries shown on the records or obtain the information to
make the entries from the sources who have such personal knowledge?
ANSWER:
Were such memoranda or documents then transmitted to your files and thereafter maintained under your
care, supervision, direction, custody or control as custodian of this facility?
ANSWER:
Were the memoranda or documents that were transmitted to your files original entries on the part of the
Custodian or other employee or member of the staff of the facility?
ANSWER:
Order No. 168537 - 3 Page 1 of 2 Questionnaire
Were the records or documents prepared at or about the time of the events and conditions they record?
ANSWER:
Please examine copies of the original requested records. Have you produced records for the attachment
to this Deposition?
ANSWER:
10. Has anything been removed from or altered in the original records before making these copies?
ANSWER:
11. If you have answered the previous question yes, please state fully and precisely what alteration was
made in the original records and attach copies of every document removed from the original records.
ANSWER:
12. 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 so, please identify who has knowledge of those
archives or policies of the above named facility.
ANSWER:
13. Are you aware that it may be necessary to subpoena you or your employer to court at the time of trial if
you have not provided all the papers, notes, documents, records, general correspondence, or other
tangible items of any kind pertaining to the above named individual to the Notary Public taking your
deposition?
ANSWER: (Circle one) YES / NO
WITNESS (Custodian of Records)
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 duplicates of the original records.
SWORN TO AND SUBSCRIBED before me this day of ,
20
NOTARY PUBLIC
Order No. 168537 - 3 Page 2 of 2 Questionnaire
AutomatedCertificate 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.
Envelope ID: 45236972
Status as of 08/1 1/2020 09:22:49 AM -05:OO
Associated Case Party: JAMESR.ALMOND
Name BarNumber Email TimestampSubmitted Status
Ashley Whatley 24050687 Whatleyvfax@wbclawfirm.com 8/10/2020 12:32:17 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
MATTIE DOTY eService@benabb0tt.C0m 8/1 0/2020 12:32:17 PM SENT
Preview
FILED 8/10/2020 12:32 PM FELICIA PITRE DISTRICT CLERK NO- DC'19'05985 DALLAS 00., TEXAS Treva Parker—Ayodele DEPUTY MATILDE RODRIGUEZ : IN THE DISTRICT COURT vs. 191ST JUDICIAL DISTRICT JAMES R. ALMOND DALLAS COUNTY, TEXAS NOTICE OF INTENTION TO TAKE DEPOSITION BY WRITTEN QUESTIONS To Plaintiff by and through their attorney(s) of record: Mattie Doty 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: Accident & Injury Chiropractic (MEDICAL RECORDS) Cooper Clinic (MEDICAL RECORDS) before a Notary Public for Unisource Discovery 4502 Centerview Drive, Ste. 113, San Antonio, Texas 78228 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 Rule 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 records as described on the attached questions and/or Attachment and any other such record in the possession, custody or control of the said witness, and every such record to which the witness may have access, pertaining to: Matilde Rodriguez and to turn all such records over to the officer authorized to take this deposition so that photographic reproductions of the same may be made and attached to said deposition. Ashley G. Whatley Walters, Balido & Crain, LLP 10440 North Central Expressway Dallas, TX 75231 214-347-8322 Fax 214-760-1 670 Attorney for Defendant Bar #: 24050687 Attorney IS/ AM G. WW Order No. 168537 - 1 Page 1 of 1 Notice of Intention Plaintiff/Applicant: MATILDE RODRIGUEZ Defendant/Respondent: JAMES R. ALMOND Case Number: DC-19-05985 Attachment Order # 168537 Location # 1 Records of Matilde Rodriguez AKA Matilde Guadalupe Gloria Rodriguez Date of Birth Social Security # any and medical and emergency room records, reports, radiology reports, pathology reports, X-Ray reports, MRI all reports, CT scan reports, ultrasound reports, memoranda, correspondence, consultations, insurance records and/or claims, workers' compensation records and/or claims, photographs, including but not limited to any and all documents which may be contained in patient file from other care providers, including patient information sheet, handwritten notes, telephone messages, prescription records, and any correspondence pertaining to the examination and/or treatment 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 parties and/or attorneys of record by requested, or hand delivery, or L fax. certified mail, return receipt Dated: AUGUSt 10, 2020 Unisource Discovery 4502 Centerview Drive, Ste. 113 San Antonio, Texas 78228 (888) 348-8879 Fax (210) 579-7019 recordstx@unisourcediscovery.com ATTORNEYS OF RECORD Ashley G. Whatley Walters, Balido & Crain, LLP 10440 North Central Expressway Meadow Park Tower, Suite 1500 Dallas, TX 75231 214-347-8322 Fax 214-760-1670 Attorney for Defendant Mattie Doty Ben Abbott & Associates, PLLC 1934 Pendleton Drive Garland, TX 75041 972-263-5555 Fax 972-682-7586 Order No. 168537 - 1 Page 1 of 1 Certificate of Service N0. DC-1 9-05985 MATILDE RODRIGUEZ IN THE DISTRICT COURT vs. 191ST JUDICIAL DISTRICT JAMES R. ALMOND DALLAS COUNTY, TEXAS DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS Custodian of Records for: Accident & Injury Chiropractic Records Pertaining To: Matilde Rodriguez Type of Records: MEDICAL RECORDS 1. State your full name and occupation, address and telephone number. NAME: OCCUPATION: ADDRESS: CITY, STATE, ZIP: TELEPHONE #: In response to the Subpoena Duces Tecum you received, have you produced any and all medical and emergency room records, reports, radiology reports, pathology reports, X-Ray reports, MRI reports, CT scan reports, ultrasound reports, memoranda, correspondence, consultations, insurance records and/or claims, workers' compensation records and/or claims, photographs, including but not limited to any and all documents which may be contained in patient file from other care providers, including patient information sheet, handwritten notes, telephone messages, prescription records, and any correspondence pertaining to the examination and/or treatment pertaining to Matilde Rodriguez? ANSWER: Are you able to identify these records as the originals or true and correct copies of the originals? ANSWER: Were the records made at or near the time of the act, event, condition recorded on these records or reasonably soon thereafter? ANSWER: In the regular course of business of your practice, business, or institution, did the person who signed the records either have personal knowledge of the entries shown on the records or obtain the information to make the entries from the sources who have such personal knowledge? ANSWER: Were such memoranda or documents then transmitted to your files and thereafter maintained under your care, supervision, direction, custody or control as custodian of this facility? ANSWER: Were the memoranda or documents that were transmitted to your files original entries on the part of the Custodian or other employee or member of the staff of the facility? ANSWER: Order No. 168537 - 1 Page 1 of 2 Questionnaire Were the records or documents prepared at or about the time of the events and conditions they record? ANSWER: Were these records kept as described in the previous question? ANSWER: 10. Please examine copies of the original requested records. Have you produced records for the attachment to this Deposition? ANSWER: 11. Has anything been removed from or altered in the original records before making these copies? ANSWER: 12. If you have answered the previous question yes, please state fully and precisely what alteration was made in the original records and/or films and attach copies of every document removed from the original records. 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 so, please identify who has knowledge of those archives or policies of the above named facility. ANSWER: 14. Are you aware that it may be necessary to subpoena you or your employer to court at the time of trial if you have not provided all the papers, notes, documents, records, general correspondence, or other tangible items of any kind pertaining to the above named individual to the Notary Public taking your deposition? ANSWER: (Circle one) YES / NO WITNESS (Custodian of Records) 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 duplicates of the original records. SWORN TO AND SUBSCRIBED before me this day of , 20 NOTARY PUBLIC Order No. 168537 - 1 Page 2 of 2 Questionnaire N0. DC-1 9-05985 MATILDE RODRIGUEZ IN THE DISTRICT COURT vs. 191ST JUDICIAL DISTRICT JAMES R. ALMOND DALLAS COUNTY, TEXAS DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS Custodian of Records for: Cooper Clinic Records Pertaining To: Matilde Rodriguez Type of Records: MEDICAL RECORDS 1. State your full name and occupation, address and telephone number. NAME: OCCUPATION: ADDRESS: CITY, STATE, ZIP: TELEPHONE #: In response to the Subpoena Duces Tecum you received, have you produced any and all medical and emergency room records, reports, radiology reports, pathology reports, X-Ray reports, MRI reports, CT scan reports, ultrasound reports, memoranda, correspondence, consultations, insurance records and/or claims, workers' compensation records and/or claims, photographs, including but not limited to any and all documents which may be contained in patient file from other care providers, including patient information sheet, handwritten notes, telephone messages, prescription records, and any correspondence pertaining to the examination and/or treatment pertaining to Matilde Rodriguez? ANSWER: Are you able to identify these records as the originals or true and correct copies of the originals? ANSWER: Were the records made at or near the time of the act, event, condition recorded on these records or reasonably soon thereafter? ANSWER: In the regular course of business of your practice, business, or institution, did the person who signed the records either have personal knowledge of the entries shown on the records or obtain the information to make the entries from the sources who have such personal knowledge? ANSWER: Were such memoranda or documents then transmitted to your files and thereafter maintained under your care, supervision, direction, custody or control as custodian of this facility? ANSWER: Were the memoranda or documents that were transmitted to your files original entries on the part of the Custodian or other employee or member of the staff of the facility? ANSWER: Order No. 168537 - 2 Page 1 of 2 Questionnaire Were the records or documents prepared at or about the time of the events and conditions they record? ANSWER: Were these records kept as described in the previous question? ANSWER: 10. Please examine copies of the original requested records. Have you produced records for the attachment to this Deposition? ANSWER: 11. Has anything been removed from or altered in the original records before making these copies? ANSWER: 12. If you have answered the previous question yes, please state fully and precisely what alteration was made in the original records and/or films and attach copies of every document removed from the original records. 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 so, please identify who has knowledge of those archives or policies of the above named facility. ANSWER: 14. Are you aware that it may be necessary to subpoena you or your employer to court at the time of trial if you have not provided all the papers, notes, documents, records, general correspondence, or other tangible items of any kind pertaining to the above named individual to the Notary Public taking your deposition? ANSWER: (Circle one) YES / NO WITNESS (Custodian of Records) 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 duplicates of the original records. SWORN TO AND SUBSCRIBED before me this day of , 20 NOTARY PUBLIC Order No. 168537 - 2 Page 2 of 2 Questionnaire No. DC-19-05985 MATILDE RODRIGUEZ : IN THE DISTRICT COURT vs. 191ST JUDICIAL DISTRICT JAMES R. ALMOND DALLAS COUNTY, TEXAS NOTICE OF INTENTION TO TAKE DEPOSITION BY WRITTEN QUESTIONS To Plaintiff by and through their attorney(s) of record: Mattie Doty 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: Meso Maya, LLC (EMPLOYMENT & PAYROLL RECORDS) before a Notary Public for Unisource Discovery 4502 Centerview Drive, Ste. 113, San Antonio, Texas 78228 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 Rule 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 records as described on the attached questions and/or Attachment and any other such record in the possession, custody or control of the said witness, and every such record to which the witness may have access, pertaining to: Matilde Rodriguez and to turn all such records over to the officer authorized to take this deposition so that photographic reproductions of the same may be made and attached to said deposition. Ashley G. Whatley Walters, Balido & Crain, LLP 10440 North Central Expressway Dallas, TX 75231 214-347-8322 Fax 214-760-1 670 Attorney for Defendant Bar #: 24050687 Attorney /S/ AM G WW Order No. 168537 - 3 Page 1 of 1 Notice of Intention Plaintiff/Applicant: MATILDE RODRIGUEZ Defendant/Respondent: JAMES R. ALMOND Case Number: DC-19-05985 Attachment Order # 168537 Location # 3 Records of Matilde Rodriguez AKA Matilde Guadalupe Gloria Rodriguez Date of Birth Social Security # Any and documents and records pertaining to the employee, including but not limited to, any and all payroll all records, 1099 forms if applicable, and W-Zs; employment evaluations, job descriptions, physical exams and testing, records regarding attendance, including work absence, days taken off sick or workers' compensation leave, vacation absences, leaves of absence; copies of time cards; the application for employment and/or resume; employee benefit forms; incident reports, including disciplinary action taken; any and all medical records and workers' compensation records; regardless of date. 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 parties and/or attorneys of record by requested, or hand delivery, or L fax. certified mail, return receipt Dated: AUGUSt 10, 2020 Unisource Discovery 4502 Centerview Drive, Ste. 113 San Antonio, Texas 78228 (888) 348-8879 Fax (210) 579-7019 recordstx@unisourcediscovery.com ATTORNEYS OF RECORD Ashley G. Whatley Walters, Balido & Crain, LLP 10440 North Central Expressway Meadow Park Tower, Suite 1500 Dallas, TX 75231 214-347-8322 Fax 214-760-1670 Attorney for Defendant Mattie Doty Ben Abbott & Associates, PLLC 1934 Pendleton Drive Garland, TX 75041 972-263-5555 Fax 972-682-7586 Order No. 168537 - 3 Page 1 of 1 Certificate of Service N0. DC-1 9-05985 MATILDE RODRIGUEZ IN THE DISTRICT COURT vs. 191ST JUDICIAL DISTRICT JAMES R. ALMOND DALLAS COUNTY, TEXAS DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS Custodian of Records for: Meso Maya, LLC Records Pertaining To: Matilde Rodriguez Type of Records: EMPLOYMENT & PAYROLL RECORDS 1. State your full name and occupation, address and telephone number. NAME: OCCUPATION: ADDRESS: CITY, STATE, ZIP: TELEPHONE #: In response to the Subpoena Duces Tecum you received, have you produced Any and all documents and records pertaining to the employee, including but not limited to, any and all payroll records, 1099 forms if applicable, and W-ZS; employment evaluations, job descriptions, physical exams and testing, records regarding attendance, including work absence, days taken off sick or workers' compensation leave, vacation absences, leaves of absence; copies of time cards; the application for employment and/or resume; employee benefit forms; incident reports, including disciplinary action taken; any and all medical records and workers' compensation records; regardless of date. pertaining to Matilde Rodriguez? ANSWER: Are you able to identify these records as the originals or true and correct copies of the originals? ANSWER: Were these records kept in the regular course of business for your employer or this facility? ANSWER: In the regular course of business of your practice, business, or institution, did the person who signed the records either have personal knowledge of the entries shown on the records or obtain the information to make the entries from the sources who have such personal knowledge? ANSWER: Were such memoranda or documents then transmitted to your files and thereafter maintained under your care, supervision, direction, custody or control as custodian of this facility? ANSWER: Were the memoranda or documents that were transmitted to your files original entries on the part of the Custodian or other employee or member of the staff of the facility? ANSWER: Order No. 168537 - 3 Page 1 of 2 Questionnaire Were the records or documents prepared at or about the time of the events and conditions they record? ANSWER: Please examine copies of the original requested records. Have you produced records for the attachment to this Deposition? ANSWER: 10. Has anything been removed from or altered in the original records before making these copies? ANSWER: 11. If you have answered the previous question yes, please state fully and precisely what alteration was made in the original records and attach copies of every document removed from the original records. ANSWER: 12. 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 so, please identify who has knowledge of those archives or policies of the above named facility. ANSWER: 13. Are you aware that it may be necessary to subpoena you or your employer to court at the time of trial if you have not provided all the papers, notes, documents, records, general correspondence, or other tangible items of any kind pertaining to the above named individual to the Notary Public taking your deposition? ANSWER: (Circle one) YES / NO WITNESS (Custodian of Records) 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 duplicates of the original records. SWORN TO AND SUBSCRIBED before me this day of , 20 NOTARY PUBLIC Order No. 168537 - 3 Page 2 of 2 Questionnaire AutomatedCertificate 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. Envelope ID: 45236972 Status as of 08/1 1/2020 09:22:49 AM -05:OO Associated Case Party: JAMESR.ALMOND Name BarNumber Email TimestampSubmitted Status Ashley Whatley 24050687 Whatleyvfax@wbclawfirm.com 8/10/2020 12:32:17 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status MATTIE DOTY eService@benabb0tt.C0m 8/1 0/2020 12:32:17 PM SENT