Preview
No. 19 258776
ABRAHAM PERINGOL, IN THE DISTRICT COURT
Plaintiff,
§
§
v. § FORT BEND COUNTY, TEXAS
§
§
UZAIR AHMED, §
§
Defendant. 434 JUDICIAL DISTRICT
PLAINTIFF’S OTION EXCLUDE
THE RIALTESTIMONY OF EFENDANT’S RETAINED ERTS
Comes no laintiff Abraham Peringol and otion to Exclude
Trial Testimony of Defendant’s Retained Experts D. Patel, MD,
BACKGROUND
This lawsuit arises out of a motor vehicle collision that occurred on July 14, 2017.
Plaintiff, Abraham Peringol, was traveling eastbound in the left lane of traffic on University
Boulevard. Another vehicle, driven by Defendant Uzair Ahmed, was also traveling
eastbound in the left lane of traffic on University Boulevard, directly behind Plaintiff.
Plaintiff came to a safe stop for traffic ahead of him, when suddenly and without warning,
the vehicle driven by Defendant slammed into the rear end of Plaintiff’s vehicle. The force
of the impact was so hard, it caused a chain reaction crash that impacted two additional
vehicles.As a result of Defendant Uzair Ahmed ’s negligence, Plaintiff has suffered from
painful and permanent life changing injuries and damages.
On August 19, 20, Defendant served his First Amended Responses to Plaintiff’s
Request for Disclosure purporting to designate retained experts Purvi D. Patel, MD, and
Brad McKechnie, . See attached Exhibit A” incorporated herein for all purposes.No
additional documentation has ever been produced in this case by Defendant regarding
his retained experts.
Plaintiff properly noticed Brad McKechnie s deposition to take place on August 12,
2021 and requested Mr. Mc echnie to produce rtain documents at his deposition. See
attached Exhibit B” incor orated herein for all purposes. Defendant objected to Plaintiff
requests for documents to Mr. McKechnie.
Plaintiff properly noticed Purvi D. Patel, MD s deposition to take place on
eptember 22, 2021 and requested Dr. Patel to produce certain documents at his
deposition. See attached Exhibit C” incorporated herein for all purposes. De endant
objected to Plaintiff’s requests for documents to Dr. Patel.
Counsel for the parties conferred on Plaintiff s requests for documents and
Defendant s objections to these requests. Ultimately a compromise agreement was
reached and memorialized as a Rule 11 greement regarding the documents that
Defendant s experts would produce. See attached Exhibit D” incorporated herein for all
urposes. To date, none of the documents outlined in “Exhibit D” have been produced to
Plaintiff by Defendant.
ARGUMENTS
Texas Rule of Civil Procedure 194.2(f)(4)(A) requires a defendant to produce the
following for every retained expert:
“all documents, tangible things, reports, models, or data compilations that
have been provided to, reviewed by, or prepared by or for the expert in
anticipation of the expert’s testimony.”
To date, Defendant has failed to produce the entire contents of his retained
experts’ files, including but not limited to all:
Correspondence;
Phone messages;
Emails;
Draft versions of their reports;
otes;
edical records and bills they were provided;
eference materials they reviewed;
Photos, films, videos;
Police reports; and
Any nvoices and payments.
Failure to comply with Rule 194.2(f)(4)(A) is a complete failure to respond, not just
an incomplete response, and results in the automatic exclusion of the retained expert
from trial under xas Rule of Civil Procedure 193.6, absent a showing (on the record
by the Defendant of (1) good cause; or (2) that a timely supplement will not unfairly
surprise or prejudice the Plaintiff. Alvarado v. Farah Manufacturing, 830 SW2d 911, 914
(Tex. 1992); Good v. Smith County Judge Baker, 339 SW3d 260, 271 (Tex.App.
Texarkana 2011, pet. den’d); Reservoir System v. TGS NOPRC Geophysical Company
335 SW3d 297, 310 11 ( ex.App.Houston [14 Dist.] 2010, pet den’d) $27,877.00
Current Money v. State, 331 SW3d 110, 120 (Tex.App. Fort Worth 2010, pet den’d
Defendant did not present any of his retained experts for deposition, he has made
no further supplementation of his Responses to Request for Disclosure beyond what is
attached to this Motion as Exhibit , and has not produced any documents outlined in
Exhibit
The purpose of Rule 193.6 is to require complete responses to discovery so as to
promote responsible assessment of settlement and to prevent trial by ambush. Alvarado
914. The rule is mandatory, and its sole sanction exclusion of evidence is
automatic, unless there is good cause to excuse its imposition Id. The good cause
exception permits a trial court to excuse a failure to comply with discovery in difficult or
impossible circumstances Id.The trial court has discretion to determine whether the
offering party has met his burden of showing good cause to admit the testimony; but the
trial court has no discretion to admit testimony excluded by the rule without a
showing of good cause Id.
Defendant can show no good cause for failing to comply with Rule 194.2(f)(4)(A)
Trial is set for March 31, 202 (reset from February 15, 2022). The expert designation
deadline for Defendant was November 12, 2021. The discovery deadline expired on
January , 202 . Any discovery supplementation by Defendant regarding his retained
experts at this late date would act as an unfair surprise and adversely prejudice Plaintiff’s
ability to adequately prepare for the cross examination of Defendant’s retained witnesses
at trial.Additionally, Defendant’ s failure to produce the required information regarding his
retained witnesses has thwarted Plaintiff from providing such material to any other expert
that Plaintiff may seek to call to testify at trial.
Defendants failure to timely disclose all information required by Rule 194.2(f)(4)(A)
has created an incurable prejudice against Plaintiff’s ability to accurately assess and
challenge the qualifications, opinions and methodology of Brad McKechkn , DC and
Purvi D. Patel, MDAs such Defendant’s failure to comply with Rule 194.2(f)(4)(A)
cannot be cured and no opinions or testimony from any of Defendant’s retained experts
should be allowed to be presented into evidence at trial.
There is no doubt that immediately upon receipt of this Motion, Defendant
make a response that will probably include one or more of the following:
“Defendant mostly complied with the rules and now Plaintiff is just playing gotcha.”
“Because of COVID19, we’ve all been out of the office and we couldn’t produce
the documents required Rule 194.2(f)(4)(A)
Most of the documents Plaintiff seeks are already in his possession in some form
or fashion.There s no need for efen ant to comply with Rule 194.2(f)(4)(A) if we
think Plaintiff already has the documents.
“Plaintiff never filed any motion to compel us to produce the information required
by Rule 194.2(f)(4)(A)
“Plaintiff never asked to reset our experts’ depositions.”
“If we give hurry up and give Plaintiff all of the information required by Rule
194.2(f)(4)(A), then problem solved.”
“If all else fails, can we have more time to supplement our discovery to comply with
Rule 194.2(f)(4)(A)
Nowhere will Defendant be able to show “good cause.” In no way will Defendant
be able to relieve the prejudicial effects caused by the failure to fully and timely disclose
information regarding his retained experts that is required by Rule 194.2(f)(4)(A) Finally,
AUTHORITY requires a plaintiff to seek compliance of the Rules from a defendant.
Compliance is mandated by the Rules themselves.
WHEREFORE, PREMISES CONSIDERED, Plaintiff pray this Court GRANT
Plaintiff’s Motion to Exclude the Trial Testimony of Defendant’s Retained Experts Purvi
D. Patel, MD and Brad McKechnie, DC prohibit them from offering any evidence at trial
in this ause, and to grant Plaintiff such other lief as may be entitled in law or equity.
Respectfully submitted,
VALLE AW IRM PLLC
John Carpenter Freeway, Suite 200
Irving, TX 750
(888) 817 4074 telephone
(469) 708 0642 facsimile
litigation.service@lawboss.com
___________________________
JONATHAN T. HARRIS
Texas Bar No. 24007323
jonathan.harris@lawboss.com
6606 direct
IAN P. NELSEN
Texas Bar No. 24099749
ian.nelsen@lawboss.com
452 6601 direct
MARIAH A. OZUNA
Texas Bar No. 24116867
mariah.ozuna@lawboss.com
(972) 666 9866 direct
COUNSEL FOR PLAINTIFF
CERTIFICATE OF SERVICE
I hereby certify that on February 6, 202 a true and correct copy of this document
has been served upon all parties in accordance with Texas Rules of Civil Procedure
___________________________
JONATHAN T. HARRIS
EXHIBIT A
ABRAHAM PERINGOL, § IN THE
§ FORT BEND
§ 434
, through his attorney of record, Jonathan T. Harris with
Uvalle Law Firm, PLLC, 1601 Bryan Street, Suite 46, Dallas, Texas 75201
UZAIR pursuant to Rule 194 file his Responses to Plaintiff’s
Requests for Disclosure as follows:
(a) State the correct names of the parties to the lawsuit.
State the name, address, and telephone number of any potential parties.
State the legal theories and, in general, the factual bases for your claims or defenses.
generally denies the material allegations contained in Plaintiff’s
petition and demands strict proof thereof.
Defendant claims the benefits of Chapter 33 of the Texas Civil Practice and
Remedies Code and asks the Court to submit to the Jury questions of
negligence that proximately caused the accident and/or injuries to the Jury for
determination as to all parties and to base judgment upon the jury’s findings.
Should the evidence justify the submission of sudden emergency or unavoidable
accident, then this Defendant asks that the Jury be instructed as to those
DEFENDANT’S RESPONSES TO PLAINTIFF’S REQUESTS FOR RULE 194 DISCLOSURE
- Page 1
EXHIBIT A
Plaintiff’s "right" to recover medical expenses is limited by the
provisions of Tex.Civ.Prac.& Rem.Code §41.0105. The amount(s) Plaintiff was
allegedly "billed" for the post-accident medical treatment claimed to have been
Defendant claims the benefits of §18.091 of the Tex.Civ.Prac.& Rem. Code and
asks the Court to require Plaintiff to submit her claim for loss of earning and
loss of earning capacity in the form of a net loss after reductions for income tax
(d) State the amount and any method of calculating economic damages.
Response: Defendant is not claiming any economic damages. It reserves the right to
contest Plaintiff’s calculations of the amount, and any method, of calculating
economic damages and the nature, type, and amount of compensatory and non-
compensatory damages that may be proven by competent evidence for such
alleged injuries, either in the past or that may be reasonably necessary in the
Defendant will challenge any effort to introduce evidence of medical, hospital,
pharmacy and other healthcare expenses not properly supported by competent
and admissible expert testimony. Defendant contends that records custodians
are generally not medical experts, cannot give competent, admissible medical
expert testimony supporting proximate cause, and are not qualified to testify as
to the necessity and/or reasonableness of medical treatment and services
In determining the amount and any method of calculating economic damages,
Defendant asserts that bills from any healthcare provider which do not reflect
the amount actually paid or incurred by or on behalf of Plaintiff is not
competent and admissible evidence of economic damages, since Tex. Civ. Prac.
& Rem. Code § 41.0105 limits recovery to only those amounts actually paid or
See Haygood v. de Escabedo, 356, S.W.3d 390 (Tex. 2012).
In determining the amount and any method of calculating economic damages,
Defendant is entitled to an offset or credit for all personal injury protection
benefits previously tendered to or on behalf of Plaintiff as well as the
Defendant avers that such injuries and damages as Plaintiff may have sustained
were proximately caused by the failure of the Plaintiff to exercise that degree of
care which would have been exercised by persons of ordinary prudence in the
exercise of ordinary care under the same or similar circumstance and that in
determining the amount and any method of calculating economic damages,
Defendant is entitled to a reduction of damages based on percentages of
DEFENDANT’S RESPONSES TO PLAINTIFF’S REQUESTS FOR RULE 194 DISCLOSURE
EXHIBIT A
comparative responsibility See Tex. Civ. Prac. & Rem. Code §§ 33.003,
In determining the amount and any method of calculating damages, Defendant
asserts the One Satisfaction Rule, under which Plaintiff is only entitled to one
(e) State the name, address, and telephone number of persons having knowledge of relevant
facts, and a brief statement of each identified person’s connection with the case.
Response: Abraham
Sprague Diamond, P.C.
11111 Katy Freeway, Suite
Houston, Texas
Defendant hereby incorporates by reference any and all persons with
knowledge of relevant facts timely designated by every party to this lawsuit as if set
out verbatim herein.
(f) For any testifying expert, state:
1. the expert’s name, address, and telephone number;
2. the subject matter on which the expert will testify;
3. the general substance of the expert’s mental impressions and a brief summary of the
basis for them, or if the expert is not retained by, employed by, or otherwise
subject to your control, documents reflecting such subject to your control:
A) produce all documents, tangible things, reports, models, or data compilations
that have been provided to, reviewed by, or prepared by or for the expert in
anticipation of the expert’s testimony; and
B) produce the expert’s current resume and bibliography.
D. Patel, MD
DEFENDANT’S RESPONSES TO PLAINTIFF’S REQUESTS FOR RULE 194 DISCLOSURE
EXHIBIT A
6338 East Mystic
Dr. Patel has examined and reviewed medical and billing records regarding the
Plaintiff. Dr. Patel will provide an opinion regarding her findings pertaining to
her review of the treatment, diagnostic studies, and billing records for the
Plaintiff, as well as the expert opinions of Plaintiff’s experts.
Dr. Patel will provide her own opinions regarding the practices, procedures,
findings, recommendations, and diagnoses customary in Harris County, Texas
and Fort Bend County, Texas for treatment that is the same or similar to that
contained in Plaintiff’s records and the reasonableness and necessity of the
charges for treatment rendered. Curriculum vitae previously provided. A
2) Brad
Dr. McKechnie is a licensed chiropractic neurologist in the State of Texas. He
has examined and reviewed medical and billing records regarding the Plaintiff.
Dr. McKechnie will provide an opinion regarding his findings pertaining to his
review of the treatment, diagnostic studies, and billing records for the Plaintiff,
as well as the expert opinions of Plaintiff’s experts. Dr. MeKechnie will provide
his own opinions regarding the practices, procedures, findings,
recommendations, and diagnoses customary in Harris County, Texas and Fort
Bend County, Texas for treatment that is the same or similar to that contained
in Plaintiff’s records and the reasonableness and necessity of the charges for
treatment rendered. Curriculum vitae previously provided. Controverting
Affidavit filed.
(g) Produce any indemnity and insuring agreements as described in Rule 192.3(f).
Response: Will
(h) Produce any settlement agreements as described in Rule 192.3(g).
Response: None
(i) Produce any witness statements as described in Rule 192.3(h).
Response: None.
DEFENDANT’S RESPONSES TO PLAINTIFF’S REQUESTS FOR RULE 194 DISCLOSURE
EXHIBIT A
(j) If this is a suit alleging physical or mental injury and damages from the occurrence that is
the subject of the case, produce all medical records and bills that are reasonably related to
the injuries or damages asserted or, in lieu thereof, an authorization permitting the
disclosure of such medical records and bills.
Response: Not
(k) If this is a suit alleging physical or mental injury and damages from the occurrence that is
the subject of the case, produce all medical records and bills obtained by you by virtue of an
authorization furnished by Plaintiff.
Response: None at this time. Defendant will produce any and all records obtained by
virtue of an authorization and will be produced to Plaintiffs’ counsel. Any records
obtained without the use of an authorization will be available for inspection
and/or copying at the office of defense counsel during normal business hours
and with reasonable notice.
(l) The name, address, and telephone number of any person who may be designated as a
Response: None
/s/ Christy S.
Christy S. Barber
Texas Bar No.
11111 Katy Freeway,
Houston, Texas 77079
csb@spraguelawgroup.com
ATTORNEY
DEFENDANT’S RESPONSES TO PLAINTIFF’S REQUESTS FOR RULE 194 DISCLOSURE
EXHIBIT A
I hereby certify that I have complied with the provisions of Rule 21. A true and correct copy
Defendant’s First Amended Responses to Plaintiff’s Request for Rule 194 Disclosure has been
served upon all counsel of record on August 19, 2021, as follows:
Ian P. Nelson
Uvalle Law Firm,
150 W. John Carpenter Freeway, Suite 200
Attorneys for
/s/Christy S.
ATTORNEYS FOR DEFENDANT
DEFENDANT’S RESPONSES TO PLAINTIFF’S REQUESTS FOR RULE 194 DISCLOSURE
EXHIBIT B
CAUSE NO.
BRAHAM PERINGOL IN THE DISTRICT COURT
Plaintiff,
FORT BEND COUNTY, TEXAS
UZAIR AHMED
Defendant JUDICIAL DISTRICT
LAINTIFF’S NOTICE OF INTENTION TO TAKE THE ORAL AND VIDEO
DEPOSITION OF RADEN McKECHNIE
AND REQUEST FOR PRODUCTION OF DOCUMENTS
Defendant UZAIR AHMED
ursuant to Texas Rule of Civil Procedure 199, Plaintiff will take the oral and video-
recorded deposition as follows:
Deponent: Braden McKechnie
Place: 11111 Katy Fwy, Ste. 800
Houston, TX 77079
Date: August 12, 2021
Time: 11:00 a.m.
Court Preferred Legal Services
Reporter: (214) 750 0047
his deposition will be stenographically transcribed and video recorded before an
officer authorized by law to take such depositions. ral examination of this deponent
continue day day until completed.
The deponent shall bring to the deposition the documents requested in Exhibit A”
attached hereto and incorporated herein by reference for all purposes
PLAINTIFF’S NOTICE OF INTENTION TO TAKE THE ORAL AND VIDEO
DEPOSITION OF BRADEN McKECHNIE
AND REQUEST FOR PRODUCTION OF DOCUMENTS Page 1
EXHIBIT B
ou are invited to be present at such time and cross examine the witness.
Respectfully submitted,
VALLE AW IRM PLLC
150 W. John Carpenter Freeway, Suite 200
Irving, TX 75039
(888) 817 4074 telephone
(469) 708 0642 facsimile
litigation.service@lawboss.com
___________________________
JONATHAN T. HARRIS
Texas Bar No. 24007323
jonathan.harris@lawboss.com
(281) 962 4767 direct
IAN P. NELSEN
Texas Bar No. 24099749
ian.nelsen@lawboss.com
281) 895 3665 direct
COUNSEL FOR PLAINTIFF
CERTIFICATE OF SERVICE
I hereby certify that on June 18, 2021, a true and correct copy of this document
has been served upon Defendant UZAIR AHMED in accordance with Texas Rules of Civil
Procedure.
___________________________
JONATHAN T. HARRIS
PLAINTIFF’S NOTICE OF INTENTION TO TAKE THE ORAL AND VIDEO
DEPOSITION OF BRADEN McKECHNIE
AND REQUEST FOR PRODUCTION OF DOCUMENTS Page 2
EXHIBIT B
EXHIBIT A
DOCUMENTS YOU ARE REQUESTED TO BRING TO THE DEPOSITION
Your most current professional curriculum vitae or resume.
Your entire file for this case, including but not limited to:
Every document and every other tangible thing you received, reviewed and/or
relied upon that was sent to you by Defendant(s), Defendant’s insurer or their
agents or counsel and/or Defendant’s counsel;
Every document and every other tangible thing you reviewed in preparation of
ur report and/or affidavit and which you claim allows you to offer expert
opinions in this case;
c. Every document and every other tangible thing related to this case that you
received from any source, whether or not you reviewed it or relied upon it for
any purpose;
Every document and every other tangible thing you sent to Defendant(s),
Defendant’s insurer or their agents or counsel and/or Defendant’s counsel;
Every document showing the name, address, telephone number and email
address of any other person that you claim has specialized knowledge and that
you consulted in this case;
All correspondence of any kind (including but not limited to text messages and
emails) and all records reflecting any and all communications between you and
anyone else related to this case;
All notes that discuss, refer, or relate to any oral or written communication
between you and anyone else related to this case;
All notes, diagrams, test results, calculations or any other similar documents
authored or created by you related to this case;
All photographs, audio recordings and video recordings made by you related
to this case;
Every draft version of your report and/or affidavit in this case, including any
handwritten notes or revisions made to any version of your report and/or
affidavit in this case;
k. All documents that show the accounting of your time spent on this case,
regardless of whether or not you charged for that time or were paid for that
time;
PLAINTIFF’S NOTICE OF INTENTION TO TAKE THE ORAL AND VIDEO
DEPOSITION OF BRADEN McKECHNIE
AND REQUEST FOR PRODUCTION OF DOCUMENTS Page 3
EXHIBIT B
All contracts or agreements between you and any person or entity concerning
your participation in this case (including but not limited to Defendant(s),
Defendant’s insurer or their agents or counsel and/or Defendant’s counsel or
any organization or referral source);
All invoices and bills for your services presented to any person or entity
concerning your participation in this case (including but not limited to
Defendant(s), Defendant’s insurer or their agents or counsel and/or
Defendant’s counsel or any organization or referral source);
Every record of payment to you for your services in this case. If you were paid
with a check, then produce a copy of every check you have received in payment
for your services in this case;
All treatises, scholarly journals, professional studies, professional literature,
manuals and other similar documents that you review or relied on in
formulating and expressing any of your opinions and conclusions in this case;
Every treatise, scholarly journal, professional stud, professional literature, manual
and other similar document that you contend support any of your opinions or
conclusions in this case;
A list of all depositions and trials in which you have testified in the past 10 years,
including the dates, courts, and the attorneys involved in each case;
Any transcript of testimony (deposition and trial) you have given in the past
years;
All correspondence, literature, notes, letters, brochures, and/or promotional,
advertising or other documents in which you offer or purport to offer services as an
expert for consultation review and/or testimony regarding personal injury claims,
medical treatment, medical expenses and/or any other litigat matter related to
personal injuries;
Every document and every other tangible thing you reviewed to refresh your
recollection prior to your deposition;
Every article, textbook chapter, pamphlet, continuing education material
professional publication, scholastic publication or other document you have
authored, co authored, contributed to or edited to any extent that you claim relates
to the topics on which you will testify in this case;
The most current list of every professional or scholastic publication co-authored,
contributed to, or edited to any extent by you;
PLAINTIFF’S NOTICE OF INTENTION TO TAKE THE ORAL AND VIDEO
DEPOSITION OF BRADEN McKECHNIE
AND REQUEST FOR PRODUCTION OF DOCUMENTS Page 4
EXHIBIT B
Documents that will show the amount of income or other consideration received
by you, or any entity with which you have been associated in the past 10 yea , for
services rendered as an expert from any person or entity involved in this case;
Documents that will show the amount of income or other consideration received
by you, or any entity with which you have been associated in the past years, for
services rendered as an expert witness and/or for file review where you were
engaged or retained by an insurance company, law firm attorney or expert witness
referral source;
Every counter affidavit you have signed in the past 10 years;
The fee schedule for your services used by you or any entity through which you
provide or have provided services during the last three (3) years that are the same
or similar to the services for ich you have given any opinion regarding the
reasonableness and/or necessity in this case.This request includes ALL fee
schedules for these services, whether the charges are the same or different fo
Medicare/Medicaid, private health insurance, cash price, uninsured patients, LOP
etc.
PLAINTIFF’S NOTICE OF INTENTION TO TAKE THE ORAL AND VIDEO
DEPOSITION OF BRADEN McKECHNIE
AND REQUEST FOR PRODUCTION OF DOCUMENTS Page 5
EXHIBIT C
CAUSE NO.
BRAHAM PERINGOL IN THE DISTRICT COURT
Plaintiff,
FORT BEND COUNTY, TEXAS
UZAIR AHMED
Defendant JUDICIAL DISTRICT
LAINTIFF’S NOTICE OF INTENTION TO TAKE THE ORAL AND VIDEO
DEPOSITION OF URVI PATEL, MD
AND REQUEST FOR PRODUCTION OF DOCUMENTS
Defendant UZAIR AHMED
ursuant to Texas Rule of Civil Procedure 199, Plaintiff will take the oral and video
recorded deposition as follows:
Deponent: Purvi Patel, MD
Place: 11111 Katy Fwy, Ste. 800
Houston, TX 77079
Date: eptember , 2021
Time: 1:00 .m.
Court Preferred Legal Services
Reporter: (214) 750 0047
his deposition will be stenographically transcribed and video recorded before an
officer authorized by law to take such depositions. Oral examination of this deponent
continue day day until completed.
The deponent shall bring to the deposition the documents requested in Exhibit A”
attached hereto and incorporated herein by reference for all purposes
PLAINTIFF’S NOTICE OF INTENTION TO TAKE THE ORAL AND VIDEO
DEPOSITION OF PURVI PATEL
AND REQUEST FOR PRODUCTION OF DOCUMENTS Page 1
EXHIBIT C
ou are invited to be present at such time and cross examine the witness.
Respectfully submitted,
VALLE AW IRM PLLC
150 W. John Carpenter Freeway, Suite 200
Irving, TX 75039
(888) 817 4074 telephone
(469) 708 0642 facsimile
litigation.service@lawboss.com
________________________
JONATHAN T. HARRIS
Texas Bar No. 24007323
jonathan.harris@lawboss.com
(281) 962 4767 direct
IAN P. NELSEN
Texas Bar No. 24099749
ian.nelsen@lawboss.com
281) 895 3665 direct
UNSEL FOR PLAINTIFF
CERTIFICATE OF SERVICE
hereby certify that on August 16, 2021, a true and correct copy of this document
has been served upon Defendant UZAIR AHMED in accordance with Texas Rules of Civil
Procedure.
________________________
JONATHAN T. HARRIS
PLAINTIFF’S NOTICE OF INTENTION TO TAKE THE ORAL AND VIDEO
DEPOSITION OF PURVI PATEL
AND REQUEST FOR PRODUCTION OF DOCUMENTS Page 2
EXHIBIT C
EXHIBIT A
DOCUMENTS YOU ARE REQUESTED TO BRING TO THE DEPOSITION
Your most current professional curriculum vitae or resume.
Your entire file for this case, including but not limited to:
very document and every other tangible thing you received, reviewed and/or
relied upon that was sent to you by Defendant(s), Defendant’s insurer or their
agents or counsel and/or Defendant’s counsel;
very document and every other tangible thing you reviewed in preparation of
your report and/or affidavit and which you claim allows you to offer expert
opinions in this case;
Every document and every other tangible thing related to this case that you
received from any source, whether or not you reviewed it or relied upon it for
any purpose;
very document and every other tangible thing you sent to Defendant(s),
Defendant’s insurer or their agents or counsel and/or Defendant’s counsel;
very document showing the name, address, telephone number and email
ress of any other person that you claim has specialized knowledge and that
you consulted in this case;
ll correspondence of any kind (including but not limited to text messages and
emails) and all records reflecting any and all communications between you and
anyone else related to this case;
ll notes that discuss, refer, or relate to any oral or written communication
between you and anyone else related to this case;
ll notes, diagrams, test results, calculations or any other similar documents
authored or created by you related to this case;
ll photographs, audio recordings and video recordings made by you related
to this case;
very draft version of your report and/or affidavit in this case, including any
handwritten notes or revisions made to any version of your report and/or
affidavit n this case;
ll documents that show the accounting of your time spent on this case,
regardless of whether or not you charged for that time or were paid for that
time;
PLAINTIFF’S NOTICE OF INTENTION TO TAKE THE ORAL AND VIDEO
DEPOSITION OF PURVI PATEL
AND REQUEST FOR PRODUCTION OF DOCUMENTS Page 3
EXHIBIT C
All contracts or agreements between you and any person or entity concerning
your participation in this case (including but not limited to Defendant(s),
Defendant’s insurer or their agents or counsel and/or Defendant’s counsel or
any organization or referral source);
ll invoices and bills for your services presented to any person or entity
concerning your participation in this case (including but not limited to
Defendant(s), Defendant’s insurer or their agents or counsel and/or
Defendant’s counsel or any organization or referral source);
very record of payment to you for your services in this case. If you were paid
with a check, then produce a copy of every check you have received in payment
for your services in this case;
ll treatises, scholarly journals, professional studies, professional literature,
manuals and other similar documents that you review or relied on in
formulating and expressing any of your opinions and conclusions in this case;
Every treatise, scholarly journal, professional stud, professional literature, manual
and other similar document that you contend support any of your opinions or
conclusions in this case
list of all depositions and trials in which you have testified in the past 10 years,
including the dates, courts, and the attorneys involved in each case;
ny transcript of testimony (deposition and trial) you have given in the past 10
years;
correspondence, literature, notes, letters, brochures, and/or promotional,
advertising or other documents in which you offer or purport to offer services as an
expert for consultation review and/or testimony regarding personal injury claims,
medical treatment, medical expenses and/or any other litigat matter related to
personal injuries;
very document and every other tangible thing you reviewed to refresh your
recollection prior to your deposition;
very article, textbook chapter, pamphlet, continuing education material,
professional publication, scholastic publication or other document you have
authored, co authored, contributed to or edited to any extent that you claim relates
to the topics on which you will testify in this case;
he most current list of every professional or scholastic publication co-authored,
contributed to, or edited to any extent by you;
PLAINTIFF’S NOTICE OF INTENTION TO TAKE THE ORAL AND VIDEO
DEPOSITION OF PURVI PATEL
AND REQUEST FOR PRODUCTION OF DOCUMENTS Page 4
EXHIBIT C
11. Documents that will show the amount of income or other consideration received
by you, or any entity with which you have been associated in the past 10 years, for
services rendered as an expert from any person or entity involved in this case;
ocuments that will show the amount of income or other consideration received
by you, or any entity with which you have been associated in the past 10 years, for
services rendered as an expert witness and/or for a file review where you were
engaged or retained by an insurance company, law firm, attorney or expert witness
referral source;
very counter affidavit you have signed in the past 10 years
he fee schedule for your services used by you or any entity through which you
provide or have provided services during the last three (3) years that are the same
or similar to the services for which you have given any opinion regarding their
reasonableness and/or necessity in this case. This request includes ALL fee
schedules for these services, whether the charges are the same or different for
Medicare/Medicaid, private health insurance, cash price, uninsured patients, LOP,
etc.
PLAINTIFF’S NOTICE OF INTENTION TO TAKE THE ORAL AND VIDEO
DEPOSITION OF PURVI PATEL
AND REQUEST FOR PRODUCTION OF DOCUMENTS Page 5
EXHIBIT D
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EXHIBIT D
Preview
No. 19 258776 ABRAHAM PERINGOL, IN THE DISTRICT COURT Plaintiff, § § v. § FORT BEND COUNTY, TEXAS § § UZAIR AHMED, § § Defendant. 434 JUDICIAL DISTRICT PLAINTIFF’S OTION EXCLUDE THE RIALTESTIMONY OF EFENDANT’S RETAINED ERTS Comes no laintiff Abraham Peringol and otion to Exclude Trial Testimony of Defendant’s Retained Experts D. Patel, MD, BACKGROUND This lawsuit arises out of a motor vehicle collision that occurred on July 14, 2017. Plaintiff, Abraham Peringol, was traveling eastbound in the left lane of traffic on University Boulevard. Another vehicle, driven by Defendant Uzair Ahmed, was also traveling eastbound in the left lane of traffic on University Boulevard, directly behind Plaintiff. Plaintiff came to a safe stop for traffic ahead of him, when suddenly and without warning, the vehicle driven by Defendant slammed into the rear end of Plaintiff’s vehicle. The force of the impact was so hard, it caused a chain reaction crash that impacted two additional vehicles.As a result of Defendant Uzair Ahmed ’s negligence, Plaintiff has suffered from painful and permanent life changing injuries and damages. On August 19, 20, Defendant served his First Amended Responses to Plaintiff’s Request for Disclosure purporting to designate retained experts Purvi D. Patel, MD, and Brad McKechnie, . See attached Exhibit A” incorporated herein for all purposes.No additional documentation has ever been produced in this case by Defendant regarding his retained experts. Plaintiff properly noticed Brad McKechnie s deposition to take place on August 12, 2021 and requested Mr. Mc echnie to produce rtain documents at his deposition. See attached Exhibit B” incor orated herein for all purposes. Defendant objected to Plaintiff requests for documents to Mr. McKechnie. Plaintiff properly noticed Purvi D. Patel, MD s deposition to take place on eptember 22, 2021 and requested Dr. Patel to produce certain documents at his deposition. See attached Exhibit C” incorporated herein for all purposes. De endant objected to Plaintiff’s requests for documents to Dr. Patel. Counsel for the parties conferred on Plaintiff s requests for documents and Defendant s objections to these requests. Ultimately a compromise agreement was reached and memorialized as a Rule 11 greement regarding the documents that Defendant s experts would produce. See attached Exhibit D” incorporated herein for all urposes. To date, none of the documents outlined in “Exhibit D” have been produced to Plaintiff by Defendant. ARGUMENTS Texas Rule of Civil Procedure 194.2(f)(4)(A) requires a defendant to produce the following for every retained expert: “all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the expert’s testimony.” To date, Defendant has failed to produce the entire contents of his retained experts’ files, including but not limited to all: Correspondence; Phone messages; Emails; Draft versions of their reports; otes; edical records and bills they were provided; eference materials they reviewed; Photos, films, videos; Police reports; and Any nvoices and payments. Failure to comply with Rule 194.2(f)(4)(A) is a complete failure to respond, not just an incomplete response, and results in the automatic exclusion of the retained expert from trial under xas Rule of Civil Procedure 193.6, absent a showing (on the record by the Defendant of (1) good cause; or (2) that a timely supplement will not unfairly surprise or prejudice the Plaintiff. Alvarado v. Farah Manufacturing, 830 SW2d 911, 914 (Tex. 1992); Good v. Smith County Judge Baker, 339 SW3d 260, 271 (Tex.App. Texarkana 2011, pet. den’d); Reservoir System v. TGS NOPRC Geophysical Company 335 SW3d 297, 310 11 ( ex.App.Houston [14 Dist.] 2010, pet den’d) $27,877.00 Current Money v. State, 331 SW3d 110, 120 (Tex.App. Fort Worth 2010, pet den’d Defendant did not present any of his retained experts for deposition, he has made no further supplementation of his Responses to Request for Disclosure beyond what is attached to this Motion as Exhibit , and has not produced any documents outlined in Exhibit The purpose of Rule 193.6 is to require complete responses to discovery so as to promote responsible assessment of settlement and to prevent trial by ambush. Alvarado 914. The rule is mandatory, and its sole sanction exclusion of evidence is automatic, unless there is good cause to excuse its imposition Id. The good cause exception permits a trial court to excuse a failure to comply with discovery in difficult or impossible circumstances Id.The trial court has discretion to determine whether the offering party has met his burden of showing good cause to admit the testimony; but the trial court has no discretion to admit testimony excluded by the rule without a showing of good cause Id. Defendant can show no good cause for failing to comply with Rule 194.2(f)(4)(A) Trial is set for March 31, 202 (reset from February 15, 2022). The expert designation deadline for Defendant was November 12, 2021. The discovery deadline expired on January , 202 . Any discovery supplementation by Defendant regarding his retained experts at this late date would act as an unfair surprise and adversely prejudice Plaintiff’s ability to adequately prepare for the cross examination of Defendant’s retained witnesses at trial.Additionally, Defendant’ s failure to produce the required information regarding his retained witnesses has thwarted Plaintiff from providing such material to any other expert that Plaintiff may seek to call to testify at trial. Defendants failure to timely disclose all information required by Rule 194.2(f)(4)(A) has created an incurable prejudice against Plaintiff’s ability to accurately assess and challenge the qualifications, opinions and methodology of Brad McKechkn , DC and Purvi D. Patel, MDAs such Defendant’s failure to comply with Rule 194.2(f)(4)(A) cannot be cured and no opinions or testimony from any of Defendant’s retained experts should be allowed to be presented into evidence at trial. There is no doubt that immediately upon receipt of this Motion, Defendant make a response that will probably include one or more of the following: “Defendant mostly complied with the rules and now Plaintiff is just playing gotcha.” “Because of COVID19, we’ve all been out of the office and we couldn’t produce the documents required Rule 194.2(f)(4)(A) Most of the documents Plaintiff seeks are already in his possession in some form or fashion.There s no need for efen ant to comply with Rule 194.2(f)(4)(A) if we think Plaintiff already has the documents. “Plaintiff never filed any motion to compel us to produce the information required by Rule 194.2(f)(4)(A) “Plaintiff never asked to reset our experts’ depositions.” “If we give hurry up and give Plaintiff all of the information required by Rule 194.2(f)(4)(A), then problem solved.” “If all else fails, can we have more time to supplement our discovery to comply with Rule 194.2(f)(4)(A) Nowhere will Defendant be able to show “good cause.” In no way will Defendant be able to relieve the prejudicial effects caused by the failure to fully and timely disclose information regarding his retained experts that is required by Rule 194.2(f)(4)(A) Finally, AUTHORITY requires a plaintiff to seek compliance of the Rules from a defendant. Compliance is mandated by the Rules themselves. WHEREFORE, PREMISES CONSIDERED, Plaintiff pray this Court GRANT Plaintiff’s Motion to Exclude the Trial Testimony of Defendant’s Retained Experts Purvi D. Patel, MD and Brad McKechnie, DC prohibit them from offering any evidence at trial in this ause, and to grant Plaintiff such other lief as may be entitled in law or equity. Respectfully submitted, VALLE AW IRM PLLC John Carpenter Freeway, Suite 200 Irving, TX 750 (888) 817 4074 telephone (469) 708 0642 facsimile litigation.service@lawboss.com ___________________________ JONATHAN T. HARRIS Texas Bar No. 24007323 jonathan.harris@lawboss.com 6606 direct IAN P. NELSEN Texas Bar No. 24099749 ian.nelsen@lawboss.com 452 6601 direct MARIAH A. OZUNA Texas Bar No. 24116867 mariah.ozuna@lawboss.com (972) 666 9866 direct COUNSEL FOR PLAINTIFF CERTIFICATE OF SERVICE I hereby certify that on February 6, 202 a true and correct copy of this document has been served upon all parties in accordance with Texas Rules of Civil Procedure ___________________________ JONATHAN T. HARRIS EXHIBIT A ABRAHAM PERINGOL, § IN THE § FORT BEND § 434 , through his attorney of record, Jonathan T. Harris with Uvalle Law Firm, PLLC, 1601 Bryan Street, Suite 46, Dallas, Texas 75201 UZAIR pursuant to Rule 194 file his Responses to Plaintiff’s Requests for Disclosure as follows: (a) State the correct names of the parties to the lawsuit. State the name, address, and telephone number of any potential parties. State the legal theories and, in general, the factual bases for your claims or defenses. generally denies the material allegations contained in Plaintiff’s petition and demands strict proof thereof. Defendant claims the benefits of Chapter 33 of the Texas Civil Practice and Remedies Code and asks the Court to submit to the Jury questions of negligence that proximately caused the accident and/or injuries to the Jury for determination as to all parties and to base judgment upon the jury’s findings. Should the evidence justify the submission of sudden emergency or unavoidable accident, then this Defendant asks that the Jury be instructed as to those DEFENDANT’S RESPONSES TO PLAINTIFF’S REQUESTS FOR RULE 194 DISCLOSURE - Page 1 EXHIBIT A Plaintiff’s "right" to recover medical expenses is limited by the provisions of Tex.Civ.Prac.& Rem.Code §41.0105. The amount(s) Plaintiff was allegedly "billed" for the post-accident medical treatment claimed to have been Defendant claims the benefits of §18.091 of the Tex.Civ.Prac.& Rem. Code and asks the Court to require Plaintiff to submit her claim for loss of earning and loss of earning capacity in the form of a net loss after reductions for income tax (d) State the amount and any method of calculating economic damages. Response: Defendant is not claiming any economic damages. It reserves the right to contest Plaintiff’s calculations of the amount, and any method, of calculating economic damages and the nature, type, and amount of compensatory and non- compensatory damages that may be proven by competent evidence for such alleged injuries, either in the past or that may be reasonably necessary in the Defendant will challenge any effort to introduce evidence of medical, hospital, pharmacy and other healthcare expenses not properly supported by competent and admissible expert testimony. Defendant contends that records custodians are generally not medical experts, cannot give competent, admissible medical expert testimony supporting proximate cause, and are not qualified to testify as to the necessity and/or reasonableness of medical treatment and services In determining the amount and any method of calculating economic damages, Defendant asserts that bills from any healthcare provider which do not reflect the amount actually paid or incurred by or on behalf of Plaintiff is not competent and admissible evidence of economic damages, since Tex. Civ. Prac. & Rem. Code § 41.0105 limits recovery to only those amounts actually paid or See Haygood v. de Escabedo, 356, S.W.3d 390 (Tex. 2012). In determining the amount and any method of calculating economic damages, Defendant is entitled to an offset or credit for all personal injury protection benefits previously tendered to or on behalf of Plaintiff as well as the Defendant avers that such injuries and damages as Plaintiff may have sustained were proximately caused by the failure of the Plaintiff to exercise that degree of care which would have been exercised by persons of ordinary prudence in the exercise of ordinary care under the same or similar circumstance and that in determining the amount and any method of calculating economic damages, Defendant is entitled to a reduction of damages based on percentages of DEFENDANT’S RESPONSES TO PLAINTIFF’S REQUESTS FOR RULE 194 DISCLOSURE EXHIBIT A comparative responsibility See Tex. Civ. Prac. & Rem. Code §§ 33.003, In determining the amount and any method of calculating damages, Defendant asserts the One Satisfaction Rule, under which Plaintiff is only entitled to one (e) State the name, address, and telephone number of persons having knowledge of relevant facts, and a brief statement of each identified person’s connection with the case. Response: Abraham Sprague Diamond, P.C. 11111 Katy Freeway, Suite Houston, Texas Defendant hereby incorporates by reference any and all persons with knowledge of relevant facts timely designated by every party to this lawsuit as if set out verbatim herein. (f) For any testifying expert, state: 1. the expert’s name, address, and telephone number; 2. the subject matter on which the expert will testify; 3. the general substance of the expert’s mental impressions and a brief summary of the basis for them, or if the expert is not retained by, employed by, or otherwise subject to your control, documents reflecting such subject to your control: A) produce all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the expert’s testimony; and B) produce the expert’s current resume and bibliography. D. Patel, MD DEFENDANT’S RESPONSES TO PLAINTIFF’S REQUESTS FOR RULE 194 DISCLOSURE EXHIBIT A 6338 East Mystic Dr. Patel has examined and reviewed medical and billing records regarding the Plaintiff. Dr. Patel will provide an opinion regarding her findings pertaining to her review of the treatment, diagnostic studies, and billing records for the Plaintiff, as well as the expert opinions of Plaintiff’s experts. Dr. Patel will provide her own opinions regarding the practices, procedures, findings, recommendations, and diagnoses customary in Harris County, Texas and Fort Bend County, Texas for treatment that is the same or similar to that contained in Plaintiff’s records and the reasonableness and necessity of the charges for treatment rendered. Curriculum vitae previously provided. A 2) Brad Dr. McKechnie is a licensed chiropractic neurologist in the State of Texas. He has examined and reviewed medical and billing records regarding the Plaintiff. Dr. McKechnie will provide an opinion regarding his findings pertaining to his review of the treatment, diagnostic studies, and billing records for the Plaintiff, as well as the expert opinions of Plaintiff’s experts. Dr. MeKechnie will provide his own opinions regarding the practices, procedures, findings, recommendations, and diagnoses customary in Harris County, Texas and Fort Bend County, Texas for treatment that is the same or similar to that contained in Plaintiff’s records and the reasonableness and necessity of the charges for treatment rendered. Curriculum vitae previously provided. Controverting Affidavit filed. (g) Produce any indemnity and insuring agreements as described in Rule 192.3(f). Response: Will (h) Produce any settlement agreements as described in Rule 192.3(g). Response: None (i) Produce any witness statements as described in Rule 192.3(h). Response: None. DEFENDANT’S RESPONSES TO PLAINTIFF’S REQUESTS FOR RULE 194 DISCLOSURE EXHIBIT A (j) If this is a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, produce all medical records and bills that are reasonably related to the injuries or damages asserted or, in lieu thereof, an authorization permitting the disclosure of such medical records and bills. Response: Not (k) If this is a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, produce all medical records and bills obtained by you by virtue of an authorization furnished by Plaintiff. Response: None at this time. Defendant will produce any and all records obtained by virtue of an authorization and will be produced to Plaintiffs’ counsel. Any records obtained without the use of an authorization will be available for inspection and/or copying at the office of defense counsel during normal business hours and with reasonable notice. (l) The name, address, and telephone number of any person who may be designated as a Response: None /s/ Christy S. Christy S. Barber Texas Bar No. 11111 Katy Freeway, Houston, Texas 77079 csb@spraguelawgroup.com ATTORNEY DEFENDANT’S RESPONSES TO PLAINTIFF’S REQUESTS FOR RULE 194 DISCLOSURE EXHIBIT A I hereby certify that I have complied with the provisions of Rule 21. A true and correct copy Defendant’s First Amended Responses to Plaintiff’s Request for Rule 194 Disclosure has been served upon all counsel of record on August 19, 2021, as follows: Ian P. Nelson Uvalle Law Firm, 150 W. John Carpenter Freeway, Suite 200 Attorneys for /s/Christy S. ATTORNEYS FOR DEFENDANT DEFENDANT’S RESPONSES TO PLAINTIFF’S REQUESTS FOR RULE 194 DISCLOSURE EXHIBIT B CAUSE NO. BRAHAM PERINGOL IN THE DISTRICT COURT Plaintiff, FORT BEND COUNTY, TEXAS UZAIR AHMED Defendant JUDICIAL DISTRICT LAINTIFF’S NOTICE OF INTENTION TO TAKE THE ORAL AND VIDEO DEPOSITION OF RADEN McKECHNIE AND REQUEST FOR PRODUCTION OF DOCUMENTS Defendant UZAIR AHMED ursuant to Texas Rule of Civil Procedure 199, Plaintiff will take the oral and video- recorded deposition as follows: Deponent: Braden McKechnie Place: 11111 Katy Fwy, Ste. 800 Houston, TX 77079 Date: August 12, 2021 Time: 11:00 a.m. Court Preferred Legal Services Reporter: (214) 750 0047 his deposition will be stenographically transcribed and video recorded before an officer authorized by law to take such depositions. ral examination of this deponent continue day day until completed. The deponent shall bring to the deposition the documents requested in Exhibit A” attached hereto and incorporated herein by reference for all purposes PLAINTIFF’S NOTICE OF INTENTION TO TAKE THE ORAL AND VIDEO DEPOSITION OF BRADEN McKECHNIE AND REQUEST FOR PRODUCTION OF DOCUMENTS Page 1 EXHIBIT B ou are invited to be present at such time and cross examine the witness. Respectfully submitted, VALLE AW IRM PLLC 150 W. John Carpenter Freeway, Suite 200 Irving, TX 75039 (888) 817 4074 telephone (469) 708 0642 facsimile litigation.service@lawboss.com ___________________________ JONATHAN T. HARRIS Texas Bar No. 24007323 jonathan.harris@lawboss.com (281) 962 4767 direct IAN P. NELSEN Texas Bar No. 24099749 ian.nelsen@lawboss.com 281) 895 3665 direct COUNSEL FOR PLAINTIFF CERTIFICATE OF SERVICE I hereby certify that on June 18, 2021, a true and correct copy of this document has been served upon Defendant UZAIR AHMED in accordance with Texas Rules of Civil Procedure. ___________________________ JONATHAN T. HARRIS PLAINTIFF’S NOTICE OF INTENTION TO TAKE THE ORAL AND VIDEO DEPOSITION OF BRADEN McKECHNIE AND REQUEST FOR PRODUCTION OF DOCUMENTS Page 2 EXHIBIT B EXHIBIT A DOCUMENTS YOU ARE REQUESTED TO BRING TO THE DEPOSITION Your most current professional curriculum vitae or resume. Your entire file for this case, including but not limited to: Every document and every other tangible thing you received, reviewed and/or relied upon that was sent to you by Defendant(s), Defendant’s insurer or their agents or counsel and/or Defendant’s counsel; Every document and every other tangible thing you reviewed in preparation of ur report and/or affidavit and which you claim allows you to offer expert opinions in this case; c. Every document and every other tangible thing related to this case that you received from any source, whether or not you reviewed it or relied upon it for any purpose; Every document and every other tangible thing you sent to Defendant(s), Defendant’s insurer or their agents or counsel and/or Defendant’s counsel; Every document showing the name, address, telephone number and email address of any other person that you claim has specialized knowledge and that you consulted in this case; All correspondence of any kind (including but not limited to text messages and emails) and all records reflecting any and all communications between you and anyone else related to this case; All notes that discuss, refer, or relate to any oral or written communication between you and anyone else related to this case; All notes, diagrams, test results, calculations or any other similar documents authored or created by you related to this case; All photographs, audio recordings and video recordings made by you related to this case; Every draft version of your report and/or affidavit in this case, including any handwritten notes or revisions made to any version of your report and/or affidavit in this case; k. All documents that show the accounting of your time spent on this case, regardless of whether or not you charged for that time or were paid for that time; PLAINTIFF’S NOTICE OF INTENTION TO TAKE THE ORAL AND VIDEO DEPOSITION OF BRADEN McKECHNIE AND REQUEST FOR PRODUCTION OF DOCUMENTS Page 3 EXHIBIT B All contracts or agreements between you and any person or entity concerning your participation in this case (including but not limited to Defendant(s), Defendant’s insurer or their agents or counsel and/or Defendant’s counsel or any organization or referral source); All invoices and bills for your services presented to any person or entity concerning your participation in this case (including but not limited to Defendant(s), Defendant’s insurer or their agents or counsel and/or Defendant’s counsel or any organization or referral source); Every record of payment to you for your services in this case. If you were paid with a check, then produce a copy of every check you have received in payment for your services in this case; All treatises, scholarly journals, professional studies, professional literature, manuals and other similar documents that you review or relied on in formulating and expressing any of your opinions and conclusions in this case; Every treatise, scholarly journal, professional stud, professional literature, manual and other similar document that you contend support any of your opinions or conclusions in this case; A list of all depositions and trials in which you have testified in the past 10 years, including the dates, courts, and the attorneys involved in each case; Any transcript of testimony (deposition and trial) you have given in the past years; All correspondence, literature, notes, letters, brochures, and/or promotional, advertising or other documents in which you offer or purport to offer services as an expert for consultation review and/or testimony regarding personal injury claims, medical treatment, medical expenses and/or any other litigat matter related to personal injuries; Every document and every other tangible thing you reviewed to refresh your recollection prior to your deposition; Every article, textbook chapter, pamphlet, continuing education material professional publication, scholastic publication or other document you have authored, co authored, contributed to or edited to any extent that you claim relates to the topics on which you will testify in this case; The most current list of every professional or scholastic publication co-authored, contributed to, or edited to any extent by you; PLAINTIFF’S NOTICE OF INTENTION TO TAKE THE ORAL AND VIDEO DEPOSITION OF BRADEN McKECHNIE AND REQUEST FOR PRODUCTION OF DOCUMENTS Page 4 EXHIBIT B Documents that will show the amount of income or other consideration received by you, or any entity with which you have been associated in the past 10 yea , for services rendered as an expert from any person or entity involved in this case; Documents that will show the amount of income or other consideration received by you, or any entity with which you have been associated in the past years, for services rendered as an expert witness and/or for file review where you were engaged or retained by an insurance company, law firm attorney or expert witness referral source; Every counter affidavit you have signed in the past 10 years; The fee schedule for your services used by you or any entity through which you provide or have provided services during the last three (3) years that are the same or similar to the services for ich you have given any opinion regarding the reasonableness and/or necessity in this case.This request includes ALL fee schedules for these services, whether the charges are the same or different fo Medicare/Medicaid, private health insurance, cash price, uninsured patients, LOP etc. PLAINTIFF’S NOTICE OF INTENTION TO TAKE THE ORAL AND VIDEO DEPOSITION OF BRADEN McKECHNIE AND REQUEST FOR PRODUCTION OF DOCUMENTS Page 5 EXHIBIT C CAUSE NO. BRAHAM PERINGOL IN THE DISTRICT COURT Plaintiff, FORT BEND COUNTY, TEXAS UZAIR AHMED Defendant JUDICIAL DISTRICT LAINTIFF’S NOTICE OF INTENTION TO TAKE THE ORAL AND VIDEO DEPOSITION OF URVI PATEL, MD AND REQUEST FOR PRODUCTION OF DOCUMENTS Defendant UZAIR AHMED ursuant to Texas Rule of Civil Procedure 199, Plaintiff will take the oral and video recorded deposition as follows: Deponent: Purvi Patel, MD Place: 11111 Katy Fwy, Ste. 800 Houston, TX 77079 Date: eptember , 2021 Time: 1:00 .m. Court Preferred Legal Services Reporter: (214) 750 0047 his deposition will be stenographically transcribed and video recorded before an officer authorized by law to take such depositions. Oral examination of this deponent continue day day until completed. The deponent shall bring to the deposition the documents requested in Exhibit A” attached hereto and incorporated herein by reference for all purposes PLAINTIFF’S NOTICE OF INTENTION TO TAKE THE ORAL AND VIDEO DEPOSITION OF PURVI PATEL AND REQUEST FOR PRODUCTION OF DOCUMENTS Page 1 EXHIBIT C ou are invited to be present at such time and cross examine the witness. Respectfully submitted, VALLE AW IRM PLLC 150 W. John Carpenter Freeway, Suite 200 Irving, TX 75039 (888) 817 4074 telephone (469) 708 0642 facsimile litigation.service@lawboss.com ________________________ JONATHAN T. HARRIS Texas Bar No. 24007323 jonathan.harris@lawboss.com (281) 962 4767 direct IAN P. NELSEN Texas Bar No. 24099749 ian.nelsen@lawboss.com 281) 895 3665 direct UNSEL FOR PLAINTIFF CERTIFICATE OF SERVICE hereby certify that on August 16, 2021, a true and correct copy of this document has been served upon Defendant UZAIR AHMED in accordance with Texas Rules of Civil Procedure. ________________________ JONATHAN T. HARRIS PLAINTIFF’S NOTICE OF INTENTION TO TAKE THE ORAL AND VIDEO DEPOSITION OF PURVI PATEL AND REQUEST FOR PRODUCTION OF DOCUMENTS Page 2 EXHIBIT C EXHIBIT A DOCUMENTS YOU ARE REQUESTED TO BRING TO THE DEPOSITION Your most current professional curriculum vitae or resume. Your entire file for this case, including but not limited to: very document and every other tangible thing you received, reviewed and/or relied upon that was sent to you by Defendant(s), Defendant’s insurer or their agents or counsel and/or Defendant’s counsel; very document and every other tangible thing you reviewed in preparation of your report and/or affidavit and which you claim allows you to offer expert opinions in this case; Every document and every other tangible thing related to this case that you received from any source, whether or not you reviewed it or relied upon it for any purpose; very document and every other tangible thing you sent to Defendant(s), Defendant’s insurer or their agents or counsel and/or Defendant’s counsel; very document showing the name, address, telephone number and email ress of any other person that you claim has specialized knowledge and that you consulted in this case; ll correspondence of any kind (including but not limited to text messages and emails) and all records reflecting any and all communications between you and anyone else related to this case; ll notes that discuss, refer, or relate to any oral or written communication between you and anyone else related to this case; ll notes, diagrams, test results, calculations or any other similar documents authored or created by you related to this case; ll photographs, audio recordings and video recordings made by you related to this case; very draft version of your report and/or affidavit in this case, including any handwritten notes or revisions made to any version of your report and/or affidavit n this case; ll documents that show the accounting of your time spent on this case, regardless of whether or not you charged for that time or were paid for that time; PLAINTIFF’S NOTICE OF INTENTION TO TAKE THE ORAL AND VIDEO DEPOSITION OF PURVI PATEL AND REQUEST FOR PRODUCTION OF DOCUMENTS Page 3 EXHIBIT C All contracts or agreements between you and any person or entity concerning your participation in this case (including but not limited to Defendant(s), Defendant’s insurer or their agents or counsel and/or Defendant’s counsel or any organization or referral source); ll invoices and bills for your services presented to any person or entity concerning your participation in this case (including but not limited to Defendant(s), Defendant’s insurer or their agents or counsel and/or Defendant’s counsel or any organization or referral source); very record of payment to you for your services in this case. If you were paid with a check, then produce a copy of every check you have received in payment for your services in this case; ll treatises, scholarly journals, professional studies, professional literature, manuals and other similar documents that you review or relied on in formulating and expressing any of your opinions and conclusions in this case; Every treatise, scholarly journal, professional stud, professional literature, manual and other similar document that you contend support any of your opinions or conclusions in this case list of all depositions and trials in which you have testified in the past 10 years, including the dates, courts, and the attorneys involved in each case; ny transcript of testimony (deposition and trial) you have given in the past 10 years; correspondence, literature, notes, letters, brochures, and/or promotional, advertising or other documents in which you offer or purport to offer services as an expert for consultation review and/or testimony regarding personal injury claims, medical treatment, medical expenses and/or any other litigat matter related to personal injuries; very document and every other tangible thing you reviewed to refresh your recollection prior to your deposition; very article, textbook chapter, pamphlet, continuing education material, professional publication, scholastic publication or other document you have authored, co authored, contributed to or edited to any extent that you claim relates to the topics on which you will testify in this case; he most current list of every professional or scholastic publication co-authored, contributed to, or edited to any extent by you; PLAINTIFF’S NOTICE OF INTENTION TO TAKE THE ORAL AND VIDEO DEPOSITION OF PURVI PATEL AND REQUEST FOR PRODUCTION OF DOCUMENTS Page 4 EXHIBIT C 11. Documents that will show the amount of income or other consideration received by you, or any entity with which you have been associated in the past 10 years, for services rendered as an expert from any person or entity involved in this case; ocuments that will show the amount of income or other consideration received by you, or any entity with which you have been associated in the past 10 years, for services rendered as an expert witness and/or for a file review where you were engaged or retained by an insurance company, law firm, attorney or expert witness referral source; very counter affidavit you have signed in the past 10 years he fee schedule for your services used by you or any entity through which you provide or have provided services during the last three (3) years that are the same or similar to the services for which you have given any opinion regarding their reasonableness and/or necessity in this case. This request includes ALL fee schedules for these services, whether the charges are the same or different for Medicare/Medicaid, private health insurance, cash price, uninsured patients, LOP, etc. PLAINTIFF’S NOTICE OF INTENTION TO TAKE THE ORAL AND VIDEO DEPOSITION OF PURVI PATEL AND REQUEST FOR PRODUCTION OF DOCUMENTS Page 5 EXHIBIT D www.lawboss.com CONFIDENTIALITY NOTICE: The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure. If you are not the intended recipient of this message or their agent, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and any attachments. If you are not the intended recipient, you EXHIBIT D