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No. 300380
IN THE DISTRICT COURT OF
EHSAN NAYEBI
vs. FORT BEND COUNTY, TEXAS
ANIH CHRISTOPHER CHIKE JR.
240TH JUDICIAL DISTRICT
NOTICE OF INTENTION
TO TAKE DEPOSITION BY WRITTEN QUESTIONS
To Plaintiff(s) by and through their attorney(s) of record: HUSEIN HADI
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: FORT BEND CHIROPRACTIC AND WELLNESS,
before a Notary Public for Compex Legal Services, Inc. 3201 Cherry Ridge Drive, Suite B207, San Antonio, TX 78230 4825
or its designated agent, which deposition with attached questions may be used in evidence upon the trial of the above styled and
numbered cause pending in the above named court.
Notice is further given that request is hereby made as authorized under Rules 176 and 200, Texas Rules of Civil
Procedure, to the officer taking the deposition to issue a subpoena duces tecum and cause it to be served on the witness to produce
All documents and records stored in any format or method including, but not limited to, all medical records, intake forms,
patient completed forms and/or documents, correspondence, all office records, emergency room records or reports,
inpatient and outpatient charts and records, lien files, SOAP notes, pathology records and reports, lab reports, pharmacy
and prescription records, physical therapy records, sign in sheets, all descriptions of exercises prescribed, documentation
which indicate date and time of patient's appointments, insurance documents, all radiology reports and readings, and any
other documents maintained pertaining to the care, treatment and examination of Ehsan Nayebi, from 11/06/2017 to
nd 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.
DAVID ELLENDER
LAW OFFICE OF AMY L. MITCHELL
ONE EAST GREENWAY PLAZA, SUITE 1005
HOUSTON
6767 FAX 866
ATTORNEY FOR DEFENDANT
STATE BAR#: 24073288
/S/ David Ellender
I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to all Counsel of Record by hand
delivery, FAX, and/or certified mail, return receipt requested, on this day.
Dated: 04/03/2023 /S/ David Ellender
Compex Order No. TX0048018-002
EMAIL: TEXASCS@COMPEXLEGAL.COM
No. 23-DCV-300380
§ IN THE DISTRICT COURT OF
EHSAN NAYEBI §
§
vs. § FORT BEND COUNTY, TEXAS
§
ANIH CHRISTOPHER CHIKE JR. §
§ 240TH JUDICIAL DISTRICT
DIRECT QUESTIONS TO BE PROPOUNDED TO
THE CUSTODIAN OF RECORDS FOR:
FORT BEND CHIROPRACTIC AND WELLNESS,
from 11/06/2017 to Present
1. What is your full name, address and telephone number?
Answer:
2. I am the custodian of records for:
(Please insert the name of your facility)
3. Did you receive a subpoena for the production of records which pertain to EHSAN NAYEBI ?
Answer:
4. Are the records as outlined in the Subpoena Duces Tecum, pertaining to EHSAN NAYEBI , in your custody or subject to your
control, supervision or direction?
Answer:
5. Do you understand the subpoena requests all the records and documents pertaining to EHSAN NAYEBI and is not limited to
records and documents related to the incident, injury or illness which forms the basis of this lawsuit nor is it limited in scope or
time as to the record or document, unless otherwise specified within the subpoena?
Answer:
6. Were these memoranda, reports, records, and/or data compilations made or caused to be made by the above-mentioned facility?
Answer:
7. Please state whether or not it was in the regular course of business of the above-mentioned facility for a person with knowledge
of the acts, events, conditions, opinions, or diagnoses recorded to make the record or to transmit information thereof to be
included in such record.
Answer:
Compex Order No. TX0048018-002
Page 1 of 3
8. Were the entries of memoranda, reports, records, and/or data compilations made at or shortly after the time of the transaction
recorded on these entries?
Answer:
9. Were these entries made and kept in the regular course of business?
Answer:
10. Was the method of preparation of these records trustworthy?
Answer:
11. Please attach to this deposition exact duplicates of the records as described in the subpoena pertaining to EHSAN NAYEBI .
Have you done as requested? If not, please explain why you have not.
Answer:
12. Are the copies which you have attached to this deposition, a true and correct copy of the original records as requested in the
subpoena pertaining to EHSAN NAYEBI ?
Answer:
13. In the event that no records can be found, are there document archives (i.e. microfiche) or document retention policies, which
explain their absence? If yes, please identify who has knowledge of those archives or policies for the above listed.
Answer:
14. Are you aware of any other facility, entity, hospital, clinic, sanitarium, physician, chiropractor, psychologist, psychiatrist, or
osteopath, that may have records pertaining to EHSAN NAYEBI ? If so, please state the name and address of such entity and
describe briefly what records they may possess.
Answer:
15. Have you been requested, directed or has it even been suggested by any person (whether employer, employee, lawyer, patient
or anyone else) that any part of the records subject to this deposition be withheld or protected from discovery for any reason? If
so, please state the name and address of the person who conveyed this information to you and when such event occurred.
Answer:
16. Do you have any reason to believe that the records subject to this deposition have been edited, purged, culled or in any other
manner made different from the way such records existed when created? If so, please explain your knowledge or belief in that
regard.
Answer:
Compex Order No. TX0048018-002
Page 2 of 3
17. Are you aware that it may be necessary to subpoena you or your employer to court at the time of the trial of this case, if you
have NOT provided to the notary public taking your deposition, all papers documents, records, correspondence, or tangible
matters of any kind pertaining toEHSAN NAYEBI as dictated by the attached subpoena?
Answer:
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. I 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
Compex Order No. TX0048018-002
Page 3 of 3
Preview
No. 300380 IN THE DISTRICT COURT OF EHSAN NAYEBI vs. FORT BEND COUNTY, TEXAS ANIH CHRISTOPHER CHIKE JR. 240TH JUDICIAL DISTRICT NOTICE OF INTENTION TO TAKE DEPOSITION BY WRITTEN QUESTIONS To Plaintiff(s) by and through their attorney(s) of record: HUSEIN HADI 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: FORT BEND CHIROPRACTIC AND WELLNESS, before a Notary Public for Compex Legal Services, Inc. 3201 Cherry Ridge Drive, Suite B207, San Antonio, TX 78230 4825 or its designated agent, which deposition with attached questions may be used in evidence upon the trial of the above styled and numbered cause pending in the above named court. Notice is further given that request is hereby made as authorized under Rules 176 and 200, Texas Rules of Civil Procedure, to the officer taking the deposition to issue a subpoena duces tecum and cause it to be served on the witness to produce All documents and records stored in any format or method including, but not limited to, all medical records, intake forms, patient completed forms and/or documents, correspondence, all office records, emergency room records or reports, inpatient and outpatient charts and records, lien files, SOAP notes, pathology records and reports, lab reports, pharmacy and prescription records, physical therapy records, sign in sheets, all descriptions of exercises prescribed, documentation which indicate date and time of patient's appointments, insurance documents, all radiology reports and readings, and any other documents maintained pertaining to the care, treatment and examination of Ehsan Nayebi, from 11/06/2017 to nd 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. DAVID ELLENDER LAW OFFICE OF AMY L. MITCHELL ONE EAST GREENWAY PLAZA, SUITE 1005 HOUSTON 6767 FAX 866 ATTORNEY FOR DEFENDANT STATE BAR#: 24073288 /S/ David Ellender I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to all Counsel of Record by hand delivery, FAX, and/or certified mail, return receipt requested, on this day. Dated: 04/03/2023 /S/ David Ellender Compex Order No. TX0048018-002 EMAIL: TEXASCS@COMPEXLEGAL.COM No. 23-DCV-300380 § IN THE DISTRICT COURT OF EHSAN NAYEBI § § vs. § FORT BEND COUNTY, TEXAS § ANIH CHRISTOPHER CHIKE JR. § § 240TH JUDICIAL DISTRICT DIRECT QUESTIONS TO BE PROPOUNDED TO THE CUSTODIAN OF RECORDS FOR: FORT BEND CHIROPRACTIC AND WELLNESS, from 11/06/2017 to Present 1. What is your full name, address and telephone number? Answer: 2. I am the custodian of records for: (Please insert the name of your facility) 3. Did you receive a subpoena for the production of records which pertain to EHSAN NAYEBI ? Answer: 4. Are the records as outlined in the Subpoena Duces Tecum, pertaining to EHSAN NAYEBI , in your custody or subject to your control, supervision or direction? Answer: 5. Do you understand the subpoena requests all the records and documents pertaining to EHSAN NAYEBI and is not limited to records and documents related to the incident, injury or illness which forms the basis of this lawsuit nor is it limited in scope or time as to the record or document, unless otherwise specified within the subpoena? Answer: 6. Were these memoranda, reports, records, and/or data compilations made or caused to be made by the above-mentioned facility? Answer: 7. Please state whether or not it was in the regular course of business of the above-mentioned facility for a person with knowledge of the acts, events, conditions, opinions, or diagnoses recorded to make the record or to transmit information thereof to be included in such record. Answer: Compex Order No. TX0048018-002 Page 1 of 3 8. Were the entries of memoranda, reports, records, and/or data compilations made at or shortly after the time of the transaction recorded on these entries? Answer: 9. Were these entries made and kept in the regular course of business? Answer: 10. Was the method of preparation of these records trustworthy? Answer: 11. Please attach to this deposition exact duplicates of the records as described in the subpoena pertaining to EHSAN NAYEBI . Have you done as requested? If not, please explain why you have not. Answer: 12. Are the copies which you have attached to this deposition, a true and correct copy of the original records as requested in the subpoena pertaining to EHSAN NAYEBI ? Answer: 13. In the event that no records can be found, are there document archives (i.e. microfiche) or document retention policies, which explain their absence? If yes, please identify who has knowledge of those archives or policies for the above listed. Answer: 14. Are you aware of any other facility, entity, hospital, clinic, sanitarium, physician, chiropractor, psychologist, psychiatrist, or osteopath, that may have records pertaining to EHSAN NAYEBI ? If so, please state the name and address of such entity and describe briefly what records they may possess. Answer: 15. Have you been requested, directed or has it even been suggested by any person (whether employer, employee, lawyer, patient or anyone else) that any part of the records subject to this deposition be withheld or protected from discovery for any reason? If so, please state the name and address of the person who conveyed this information to you and when such event occurred. Answer: 16. Do you have any reason to believe that the records subject to this deposition have been edited, purged, culled or in any other manner made different from the way such records existed when created? If so, please explain your knowledge or belief in that regard. Answer: Compex Order No. TX0048018-002 Page 2 of 3 17. Are you aware that it may be necessary to subpoena you or your employer to court at the time of the trial of this case, if you have NOT provided to the notary public taking your deposition, all papers documents, records, correspondence, or tangible matters of any kind pertaining toEHSAN NAYEBI as dictated by the attached subpoena? Answer: 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. I 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 Compex Order No. TX0048018-002 Page 3 of 3