Preview
I
DALLAS COUNTY
4/29/2019 12:25 PM
FELICIA PITRE
DISTRICT CLERK
Margaret Thomas
CAUSE NO. DC-16-07145
LEZLIE A. JOHNSTON, IN THE DISTRICT COURT
Plaintiff,
VS. 1015? JUDICIAL DISTRICT
LINCOLN PROPERTY COMPANY
MANAGEMENT, INC., LINCOLN
PROPERTY COMPANY, LINCOLN
PROPERTY COMPANY
COMMERCIAL, INC. AND LOCH
ENERGY SQUARE, LP
Defendants.
DALLAS COUNTY, TEXAS
PLAINTIFFS’ FOURTH AMENDED NOTICE OF FILING MEDICAL & BILLING
BUSINESS RECORDS’ AFFIDAVITS CONCERNING COST AND NECESSITY
TO THE HONORABLE JUDGE OF SAID COURT:
I. Business (Medical) Records Affidavits
Pursuant to Rule 902(10), Texas Rules of Evidence, Plaintiff, Lezlie Johnston, files herewith
the Medical Business Records’ Affidavits identified below, which Plaintiff reserves the right to offer
into evidence at the trial of the instant case:
1 Lezlie Johnston’s Medical Records of James Garrison, prepared by Michelle Ruiz as the
Custodian of Records for James Garrison, which records will be made available at the
offices of Plaintiff's attorney.
Lezlie Johnston’s Medical Records of Martin D. Solomon, M.D., P.A., prepared by
Phillip Klotz as the Custodian of Records for Martin D. Solomon, M.D., P.A., which
records will be made available at the offices of Plaintiff's attorney.
Lezlie Johnston’s Medical Records of Lone Star Physical Therapy- Dr. Jeana Fulenwider,
prepared by Jeana Fulenwider as the Custodian of Records for Lone Star Physical
Therapy- Dr. Jeana Fulenwider, which records will be made available at the offices of
Plaintiff's attorney.
Lezlie Johnston’s Medical Records of 3D Physical Therapy-Marcos Lopez, PT, DPT,
OCS, prepared by Emma Essery as the Custodian of Records for 3D Physical Therapy-
PLAINTIFFS’ FOURTH AMENDED NOTICE OF PAGE |
FILING MEDICAL & BILLING RECORDS’ AFFIDAVITS
Marcos Lopez, PT, DPT, OCS, which records will be made available at the offices of
Plaintiff's attorney.
Lezlie Johnston’s Medical Records of Martin E. Van Hall, M.D., prepared by Phillip
Klotz as the Custodian of Records for Martin E. Van Hall, M.D, which records will be
made available at the offices of Plaintiffs attorney.
Lezlie Johnston’s Medical Records of Up and Open Imaging, prepared by Diana Roddy
as the Custodian of Records for Up and Open Imaging, which records will be made
available at the offices of Plaintiff's attorney.
Lezlie Johnston’s Medical Records of Baylor Institute for Rehabilitation, prepared by
Beverly Lane as the Custodian of Records for Baylor Institute for Rehabilitation, which
records will be made available at the offices of Plaintiff's attorney.
Lezlie Johnston’s Medical Records of Brightstar Care Nursing, prepared by Karen
Conner as the Custodian of Records for Brightstar Care Nursing, which records will be
made available at the offices of Plaintiff's attorney.
Lezlie Johnston’s Medical Records of Dr. Peter Leonard, prepared by Norma Ramirez as
the Custodian of Records for Dr. Peter Leonard, which records will be made available at
the offices of Plaintiff's attorney.
10. Lezlie Johnston’s Medical Records of Gateway Diagnostic Imaging, prepared by Phyllis
Killgore as the Custodian of Records for Gateway Diagnostic Imaging, which records
will be made available at the offices of Plaintiffs attorney.
11 Lezlie Johnston’s Medical Records of Dr. Ronald N. Sufca, DO, prepared by Alicia
Rodriguez as the Custodian of Records for Dr. Ronald N. Sufca, DO - Healthcare
Clinics, which records will be made available at the offices of Plaintiffs attorney.
12. Lezlie Johnston’s Medical Records of North Dallas Surgical Specialists, prepared by
Laura K. Ochsner as the Custodian of Records for North Dallas Surgical Specialists,
which records will be made available at the offices of Plaintiff's attorney.
13 Lezlie Johnston’s Medical Records of Charles Xeller prepared by Heather Boyd as the
Custodian of Records for Charles Xeller, which records will be made available at the
offices of Plaintiff's attorney.
14 Lezlie Johnston’s Medical Records of North Dallas Urology Associates, prepared by
Victoria Reyes as the Custodian of Records for North Dallas Urology Associates, which
records will be made available at the offices of Plaintiff's attorney.
PLAINTIFFS’ FOURTH AMENDED NOTICE OF PAGE 2
FILING MEDICAL & BILLING RECORDS’ AFFIDAVITS
15 Lezlie Johnston’s Medical Records of Richard Marks, MD, PA, prepared by Katlin
Helbert as the Custodian of Records for Richard Marks, MD, PA, which records will be
made available at the offices of Plaintiff's attorney.
16. Lezlie Johnston’s Medical Records of Southwest Diagnostic Imaging Center, prepared by
Patricia P. Havens as the Custodian of Records for Southwest Diagnostic Imaging
Center, which records will be made available at the offices of Plaintiff's attorney.
17 Lezlie Johnston’s Medical Records of Texas Institute of Spine and Neurosurgery,
prepared by Jan Stevenson as the Custodian of Records for Texas Institute of Spine and
Neurosurgery, which records will be made available at the offices of Plaintiff's attorney.
18. Lezlie Johnston’s Medical Records of Urology Clinics of North Texas, prepared by Jason
Chapman as the Custodian of Records for Urology Clinics of North Texas, which records
will be made available at the offices of Plaintiffs attorney.
19 Lezlie Johnston’s updated Medical Records dated March 6, 2019 of Richard Marks, MD,
PA, prepared by Katlin Helbert as the Custodian of Records for Richard Marks, MD, PA,
which records will be made available at the offices ofPlaintiff's attorney.
20. Lezlie Johnston’s Medical Records of Healthcare Clinics, prepared by Alicia Rodriguez
as the Custodian of Records for Healthcare Clinics, which records will be made available
at the offices of Plaintiff's attorney.
21 Lezlie Johnston’s Medical Records of Rehabilitation Medical Specialists of Dallas, PA,
prepared by Maria O Munoz as the Custodian of Records for Rehabilitation Medical
Specialists of Dallas, PA, which records will be made available at the offices of
Plaintiff's attorney.
22. Lezlie Johnston’s Medical Records of Methodist Richardson Medical Center, prepared
by Deborah Samples, as the Custodian of Records for Methodist Richardson Medical
Center, which records will be made available at the offices of Plaintiff's attorney.
23 Lezlie Johnston’s Medical Records of Memorial MRI & Diagnostic Imaging Center,
prepared by Bryanna Riyna, as the Custodian of Records for Memorial MRI &
Diagnostic Imaging Center, which records will be made available at the offices of
Plaintiff's attorney.
24, Lezlie Johnston’s Medical Records of Memorial MRI & Diagnostic Imaging Center,
prepared by Bryanna Riyna, as the Custodian of Records for Memorial MRI &
Diagnostic Imaging Center, which records will be made available at the offices of
Plaintiff's attorney.
PLAINTIFFS’ FOURTH AMENDED NOTICE OF PAGE 3
FILING MEDICAL & BILLING RECORDS’ AFFIDAVITS
25. Lezlie Johnston’s Medical Records of Memorial MRI & Diagnostic Imaging Center,
prepared by Bryanna Riyna, as the Custodian of Records for Memorial MRI &
Diagnostic Imaging Center, which records will be made available at the offices of
Plaintiff's attorney.
The above described Affidavits are signed by individuals who are qualified to provide the
prerequisites for admissibility of these records under Rule 803(6) and (7), Texas Rules of Evidence,
and attest that the records attached were in fact kept as required by Rules 803 (6) and (7), Texas
Rules of Evidence. See the Affidavits attached hereto as Exhibit A and incorporated as if set forth at
length for all purposes.
Subject to the local rules applicable to the Court in which this case is pending, Plaintiff is
filing the above-referenced Affidavits with the Clerk of the Court and serving copies of the
Affidavits on each other party in the case at least fourteen (14) days before the day on which
evidence is first scheduled to be presented at the trial of the case. Further, the above records will be
made available at the offices of Plaintiff's attorney for inspection and copying, upon reasonable
notice, at the expense of the party desiring the copies.
IL. Affidavits of Necessity of Services and Reasonableness of Charges
Pursuant to Tex. Civ. Prac. & Rem. Code, §18.001, Lezlie Johnston’s, Individually, file
herewith the following identified Affidavits concerning cost, necessity, and reasonableness of
charges, attesting that the services provided were reasonable at the time and place the service was
provided relevant to the claims in the instant litigation and the services were necessary:
1 Lezlie Johnston’s Billing Records of Brightstar Care Nursing, prepared by Karen Conner
as the Custodian of Records for Brightstar Care Nursing, which records will be made
available at the offices of Plaintiff's attorney.
Lezlie Johnston’s Billing Records of Martin D. Solomon, M.D., P.A., prepared by Phillip
Klotz as the Custodian of Records for Martin D. Solomon, M.D., P.A., which records
will be made available at the offices of Plaintiffs attorney.
PLAINTIFFS’ FOURTH AMENDED NOTICE OF PAGE 4
FILING MEDICAL & BILLING RECORDS’ AFFIDAVITS
Lezlie Johnston’s Billing Records of James Garrison, prepared by Michelle Ruiz as the
Custodian of Records for James Garrison, which records will be made available at the
offices of Plaintiffs attorney.
Lezlie Johnston’s Billing Records of Lone Star Physical Therapy- Dr. Jeana Fulenwider,
prepared by Jeana Fulenwider as the Custodian of Records for Lone Star Physical
Therapy- Dr. Jeana Fulenwider, which records will be made available at the offices of
Plaintiff's attorney.
Lezlie Johnston’s Billing Records of 3D Physical Therapy-Marcos Lopez, PT, DPT,
OCS, prepared by Emma Essery as the Custodian of Records for 3D Physical Therapy-
Marcos Lopez, PT, DPT, OCS, which records will be made available at the offices of
Plaintiff's attorney.
Lezlie Johnston’s Billing Records of Up and Open Imaging, prepared by Diana Roddy as
the Custodian of Records for Up and Open Imaging, which records will be made
available at the offices of Plaintiff's attorney.
Lezlie Johnston’s Billing Records of Baylor Institute for Rehabilitation, prepared by
Victoria Trimmer as the Custodian of Records for Baylor Institute for Rehabilitation,
which records will be made available at the offices of Plaintiff's attorney.
Lezlie Johnston’s Billing Records of Dr. Peter Leonard, prepared by Norma Ramirez as
the Custodian of Records for Dr. Peter Leonard, which records will be made available at
the offices of Plaintiff's attorney.
Lezlie Johnston’s Billing Records of Gateway Diagnostic Imaging, prepared by Phyllis
Killgore as the Custodian of Records for Gateway Diagnostic Imaging, which records
will be made available at the offices of Plaintiffs attorney.
10. Lezlie Johnston’s Billing Records of Ronald N. Scufca, DO, prepared by Alicia
Rodriguez as the Custodian of Records for Ronald N. Scufca, DO, which records are
attached to the Affidavits being served on the attorneys of record.
11 Lezlie Johnston’s Billing Records of Healthcare Clinics, prepared by Alicia Rodriguez as
the Custodian of Records for Healthcare Clinics, which records are attached to the
Affidavits being served on the attorneys of record.
12. Lezlie Johnston’s Billing Records of Martin E. Van Hall, M.D., prepared by Maria Flores
as the Custodian of Records for Martin E. Van Hall, M.D, which records will be made
available at the offices of Plaintiff's attorney.
PLAINTIFFS’ FOURTH AMENDED NOTICE OF PAGE 5
FILING MEDICAL & BILLING RECORDS’ AFFIDAVITS
13 Lezlie Johnston’s Billing Records of North Dallas Surgical Specialists, prepared by
Laura K. Ochsner as the Custodian of Records for North Dallas Surgical Specialists,
which records will be made available at the offices of Plaintiff's attorney.
14 Lezlie Johnston’s Billing Records of North Dallas Urology Associates, prepared by
Victoria Reyes as the Custodian of Records for North Dallas Urology Associates, which
records will be made available at the offices of Plaintiff's attorney.
15 Lezlie Johnston’s Billing Records of Richard Marks, MD, PA, prepared by Katlin
Helbert as the Custodian of Records for Richard Marks, MD, PA, which records will be
made available at the offices of Plaintiffs attorney.
16. Lezlie Johnston’s Billing Records of Southwest Diagnostic Imaging Center, prepared by
Patricia P. Havens as the Custodian of Records for Southwest Diagnostic Imaging
Center, which records will be made available at the offices of Plaintiff's attorney.
17 Lezlie Johnston’s Billing Records of Texas Institute of Spine and Neurosurgery, prepared
by Jan Stevenson as the Custodian of Records for Texas Institute of Spine and
Neurosurgery, which records will be made available at the offices of Plaintiff's attorney.
18. Lezlie Johnston’s Billing Records of Urology Clinics of North Texas, prepared by Jason
Chapman as the Custodian of Records for Urology Clinics of North Texas, which records
will be made available at the offices of Plaintiffs attorney.
19 Lezlie Johnston’s updated Billing Records dated March 6, 2019 of Richard Marks, MD,
PA, prepared by Katlin Helbert as the Custodian of Records for Richard Marks, MD, PA,
which records will be made available at the offices of Plaintiff's attorney.
20. Lezlie Johnston’s Billing Records of Dr. Charles F. Xeller prepared by Heather Boyd as
the Custodian of Records for Dr. Charles F. Xeller, which records will be made available
at the offices of Plaintiff's attorney.
21 Lezlie Johnston’s Billing Records of Rehabilitation Medical Specialists of Dallas, PA,
prepared by Maria O Munoz as the Custodian of Records for Rehabilitation Medical
Specialists of Dallas, PA, which records will be made available at the offices of
Plaintiff's attorney.
22. Lezlie Johnston’s Billing Records of Memorial MRI & Diagnostic Imaging Center,
prepared by Bryanna Riyna, as the Custodian of Records for Memorial MRI &
Diagnostic Imaging Center, which records will be made available at the offices of
Plaintiff's attorney.
23 Lezlie Johnston’s Billing Records of Memorial MRI & Diagnostic Imaging Center,
prepared by Bryanna Riyna, as the Custodian of Records for Memorial MRI &
PLAINTIFFS’ FOURTH AMENDED NOTICE OF PAGE 6
FILING MEDICAL & BILLING RECORDS’ AFFIDAVITS
Diagnostic Imaging Center, which records will be made available at the offices of
Plaintiff's attorney.
The above described Affidavits are signed by individuals who are qualified to provide the
prerequisites for admissibility of these records under Rule 803(6) and (7), Texas Rules of Evidence,
and attest that the records attached were in fact kept as required by Rules 803 (6) and (7), Texas
Rules of Evidence. See the Affidavits attached hereto as Exhibit B and incorporated as if set forth at
length for all purposes.
These affidavits and itemized statements are available at the offices of the Plaintiffs attorney
for inspection, upon reasonable notice, and copying at the expense of the party desiring such copies.
Plaintiff reserves the right to offer into evidence at the trial of the instant cause the above-referenced
Affidavits and itemized statements.
Respectfully submitted,
/s/ W. Kelly Puls
W. Kelly Puls
State Bar No. 07455200
kelly@pulshaney.com
Mark A. Haney
State Bar No. 08908480
mark@pulshaney.com
Juliana Morris
State Bar No. 24026356
jmorris@pulshaney.com
PULS HANEY, PLLC
301 Commerce St., Suite 2900
Fort Worth, Texas 76102
Telephone: (817) 338-1717
Facsimile: (817) 332-1333
ATTORNEYS FOR PLAINTIFFS
PLAINTIFFS’ FOURTH AMENDED NOTICE OF PAGE 7
FILING MEDICAL & BILLING RECORDS’ AFFIDAVITS
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and foregoing document has been
served on Defendant by and through his attorney of record on this 29" day of April 2019, as shown
below:
VIA EFILE & ESERVE
Mike Miller
The Miller Law Firm
/s/ W. Kelly Puls
W. Kelly Puls
PLAINTIFFS’ FOURTH AMENDED NOTICE OF PAGE 8
FILING MEDICAL & BILLING RECORDS’ AFFIDAVITS
EXHIBIT A
Lezlie Johnston IN THE DISTRICT COURT
v 101% JUDICIAL DISTRICT
8
Lincoln Property Company Management, Inc., 8 DALLAS COUNTY, TEXAS
et al
AFFIDAVIT OF CUSTODIAN OF MEDICAL RECORDS
Health Care Provider: Southwest Diagnostic Imaging Center
Patient Name: Lezlie Johnston
BEFORE ME, the undersigned authority, personally appeared Dass AG Aa JENS (NAME
OF AFFIANT), who, being by me duly sworn, deposed as follows:
“My name is. fry Nant, [AME OF AFFIANT). I am of sound mind and capable
of making this affidavit.
I am the person in charge of records of the above referenced health care provider. Attached to this
ptisene
affidavit are records that provide an itemized statement of the service(s) that the above referenced health care
provider provided to patient from ©, to, (DATE). The attached
records are a part of this affidavit.
The attached records are kept by me in the regular course of business. The information contained in the
tecords was transmitted to me in the regular course of business by the above referenced health care provider or
an employee or representative of the above referenced health care provider who had personal knowledge of the
information. The records were made at or near the time or reasonably soon after the time that the service was
provided. The records are the original or an exact duplicate of the original
The medical service provided was medically necessary and reasonable at the time and place that the
service was provided.”
Pete
acis Stata.
AFFIANT
SWORN TO AND SUBSCRIBED before me on Aseco?
aceday ebicewnbe, afb.
StF Sic apy
eames NOTARY PUBLIC, STATE OF TEXAS
JONATHAN
‘£7 MY COMMISSION EXPIRES > . 1S.OMA
7 Printed Name of Notary Public
sess
My Comm. Exp. 7 = 27-202
Ex IBIT
CAUSE NO. DC-16-07145
LEZLIE A. JOHNSTON § IN THE DISTRICT COURT OF
vs 5 DALLAS COUNTY, TEXAS
LINCOLN PROPERTY COMPANY MANAGEMENT, §
INC. AND LINCOLN PROPERTY COMPANY 4 101ST JUDICIAL DISTRICT
AFFIDAVIT OF CUSTODIAN OF MEDICAL RECORDS
Health Care Provider TEXAS INSTITUTE OF SPINE ANO NEUROSURGERY
Patient Name LEZLIE JOHNSTON
Before me the undersigned authority personally appeared ‘Sse ~. S PUL SY who
being by me duly sworn depased as follows:
My name is 5 ay Sg er € Wg fain of sound ™.ng and capable of making this affidavit
Iam the person ir cnarge of recoras of the above refe-enced nealin care provider Attached to this affidavit
are records that provide an demuzed statement of ine services thal te above referenced health cure provider
provided to patient from JG. 4) tc sth The attached records ate a part
of this affidavit
The attached records are kept in the regular course of busmess The information contamned in the records was
transmitted to me in the regular course of business by the above ielerenced health care provider or an employee
‘01 tepresentative of the above relerenced health care provide’ who had personal knowledge of (he inforr:aton,
The ‘ecords were made at or near the time of feascnaole soon atter the me that the service was providec The
records are the onginal ot an exact duplicate of the or.qinal
‘The medical service provided was medically necessary anz ‘easonable at the time ana place that the service:
was provided
= AFFIANT
SWORN TO AND SUBSCRIBED vetove me on the 2p . a 2K
Notary Public in and for
The State of TX
ti, FREDECIA L TAYLOR
e Notary
Public, State of Texas
14-11-2019
a Fw
Comi
Notaryi013 10497368
File: 80618-1-557630
To Page 30S 2016-01-19 * 7:53:14 MT) Lexitas From; Redecce Deases:
CAUSE NO. DG-416-07145
LEZLUE A. JOHNSTON 5 ‘NTHE DISTRIGT COURT OF
vs MAL AS CCUNTY, TEXAS
LINCOLN PROPERTY COMPANY MANAGEMENT, &
INC, AND LINGOLN PROPERTY COMPANY § YOLST JUDICIAL DISTRICT
AFFIDAVIT DF CUSTODIAN UF MEDIDAL RECORDS
Hesttn Care Provider; UROLOGY CLINICS OF NORTH TEXAS:
Pabert Name: LEZLIE JOHNSTON
Bofors mo, the undorsigned uultinity, ally appeared, JA ie. “ Taare
iewonee who,
boing by mo duly uworn, depneed ar halla
ty name is Je Sor... L be van » Lani of solid fuitd ed capableof making this affidavit.
Jam the person in charge of recatdy of the shee referenced heath cara provider. Attacred to is affidavit
are records Leal provide wn zee sh ppt serch ng ty above reforenced health care provider
provided 2 patlerd trom Eee . The attached recede are 8 pare
of this afiidavit,
The altached cectuds are kept in the repslar course of business. The infor-sion corfalned In the records waa
Ircrwesrvtted ky inet in she regutat coursa of business by ths ahve referenced heelll: care plovider of en employee
or “enresentalve of the above referenced health cara provinar wns had oersaral > P4
CAUSE NO. DC-16-07145
LEZLIE A. JOHNSTON § IN THE DISTRICT COURTOF
vs § DALLAS COUNTY, TEXAS.
LINCOLN PROPERTY COMPANY MANAGEMENT, §
ING, AND LINCOLN PROPERTY COMPANY § 1018T JUDICIAL DISTRICT
AFFIDAVITOF CUSTODIAN OF MEDICAL RECORDS
Health Care Provider; NORTH DALLAS SURGICAL SPECIALIST
Palient Name: LEZLIE JOHNSTON
Before me, the undersigned authority, personally appearad, haul Dchsnor_, who,
being by me duly sworn, deposed as follows:
My name is Lassen., J Ochsner. (am of sound mind and capable of making this affidavit
Iam the person in charge of recordsof the abave referenced health care pravider. Attached to this affidavit
are records that provide an i ints a ty service(s} that above raferancad health care provider
provided to patient from A . The attached records are a part
of this affidavit.
The attached records are kept in the regular course of business. The information contained in the records was
transmitled te me in the regular course of business by the above seferenced health care provider or an ompfayee
or representative of the above rafarenced health care provider whe had personal knowledge af the information.
The records were made ator near the time or reasonable soon after the time that the service was provided. The
records are the original ar an exact duplicate of the original,
‘The medical service provided was medically nacestary and reasonable at the time and place that the service
was provided.
Hom Maw AFFIANT
SWORN TO AND SUBSCRIBED before me on the Wn of CaQUALAf fd
Me
ie NotarELLY
L. VACENDAK
y Public, State o! Texes Notary Public in and for
ion Expos The State of TX
mG ‘october 26, 2018
File; 80619-1-557631
CAUSE NO, DC-16-07145
LEZLIE A. JOHNSTON § IN THE DISTRICT COURT
Vs § DALLAS COUNTY, TEXAS
LINCOLN PROPERTY COMPANY MANAGEMENT, §
INC. AND LINCOLN PROPERTY COMPANY § 401ST JUDICIAL DISTRICT
NOTICE OF INTENTION TO TAKE DEPOSITION BY WRITTEN QUESTIONS,
You will please take notice that (20) days from the service of a copy hereof with attached questions, a deposition
by written questions will be taken of the custodian of records for DR. CHARLES F. XELLER at the office of the
summoned witness or at another agreed upon time and/or place before a Notary Public; an Officer of the
State of Texas; a notary agent of America First Legal Services, Inc., 325 North Saint Paul Street, Suite 1900,
Dallas, TX 75201; or their 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 here made as
authorized under the Rule 200.2, Texas Rules of Civil Procedure, to the Officer authorized to issue a SUBPOENA
DUCES TECUM anc cause it to be served on the witness te produce:
ANY AND ALL RECORDS THAT TOUCH UPON OR RELATE TO LEZLIE JOHNSTON, SSN: XXX-XX-7847, FILE,
2071600675
and tur all such records over to the Officer authorized to take this deposition for inspection and photocopying the
same may be made by him and attached to said deposition.
STEPHEN R MARSH 1301 E. COLLINS BLVD
DAVID KLOSTERBOER & ASSOCIATES - DALLAS SUITE 490/LB 11
State Bar No. 13019700 RICHARDSON TX, 75081
Attorney For Defendant
/S/ STEPHEN R MARSH _
| certify that a true and exact copy of the foregoing Notice of Intention To Take Deposition by Written Questions
was provided to the respective parties or attorneys of record. pursuant of Rule (21a), by certified mail, postage
prepaid, hand delivered, or by telephonic document transfer.
March 20th, 201 By: (he Dorr
‘Swom to and subscribed before me on this the 20th day of March, 2017.
RANT MECHEL E PAITICK
Notary Puc
CEL
% STAT OF TAS Notary Public in and for
Se Fp see G49 Sanuiy 19 2040 The State of TX
77685 - 1 - 515447
To: Page 5 of 7 2018-01-30 15:04:34 (GMT) Lexitas From; Rebecca Deases
CAUSE NO. DC-16-07145
LEZLIE A. JOHNSTON § IN THE DISTRICT COURT OF
vs § DALLAS COUNTY, TEXAS
LINCOLN PROPERTY COMPANY MANAGEMENT, §
INC. AND LINCOLN PROPERTY COMPANY § 101ST JUDICIAL DISTRICT
AFFIDAVIT OF CUSTODIAN OF MEDICAL RECORDS:
Health Care Provider: NORTH DALLAS UROLOGY ASSOCIATES:
Patient Name: LEZLIE JOHNSTON
Before me, the undersigned authority, personally appeared, onc Va RAN ZS who,
being by me duly sworn, deposed as follows:
My name is, Nich i LAAL _. 1am of sound mind and capable of making this affidavit,
1am the person in charge of records of ne above referenced health cara provider. Attached lo this affidavit
are records that provide: an uc Tt ment of the servica(s) thal the above referenced health care provider
provided to patient from to. . The attached records are a part
of this affidavit.
The attached records are kept in the regular course of business. The information contained in the records was.
transmitted to ma in the regular course of business by the above referenced health care provider or an employee
of representative of tha above referenced health care provider who had personal knowledge of the information.
The records were made at or near the lime or reasonable soon after the time that the service was provided. The
records are the original or an exact duplicate of the original.
The medical service provided was medically necessary and reasonable al the time and place thal the service
was provided,
3S —
AFFIANT
SWORN TO AND SUBSCRIBED before me on the ir da: a
rT
BRENDA JEAN KELLY
"g Notary Public, State of Texas
My Commission Expires. Nolary Public in and fo
a “ei - August 15, 2019 The State of TX
File: 80619-1.557635
CAUSE NO. DC-16-07145
LEZLIE A. JOHNSTON § IN THE DISTRICT COURT OF
vs § DALLAS COUNTY, TEXAS
LINCOLN PROPERTY COMPANY MANAGEMENT, §
INC. AND LINCOLN PROPERTY COMPANY § 101ST JUDICIAL DISTRICT
AFFIDAVIT OF CUSTODIAN OF MEDICAL RECORDS
Health Care Provider: RICHARD MARKS, MD, PA
Patient Name: LEZLIE JOHNSTON
Before me, the undersigned authority, personally appeared, Kat n Hel bert . who,
being by me duly sworn, deposed as follows:
My name is Katlia Helleert . Lam of sound mind and capable of making this affidavit.
| am the person in charge of records of the above referenced health care provider. Attached to this affidavit
are records that provide an itemized statement of the service(s) that the above referenced health care provider
provided to patient from a. L- to 12-@' -4av . The attached records are a part
of this affidavit.
The attached records are kept in the regular course of business. The information contained in the records was
transmitted to me in the regular course of business by the above referenced health care provider or an employee
or representative of the above referenced health care provider who had personal knowledge of the information.
The records were made at or near the time or reasonable soon after the time that the service was provided. The
records are the original or an exact duplicate of the original
The medical service provided was medically necessary and reasonable at the time and place that the service
was provided.
AFFIANT
SWORN TO AND SUBSCRIBED before me on the al day of Eebruas Y 2018
Unde Scuedss
Notary Public in and for
ay, of Texas! The State of TX
ic, SM
Notary Publ!
nm. Expire! 15-2020
04
aw
File: 80619-1-557638
04/05/2019 15:37 FAX) P.002/086
03/28/2019 THU 13:08 FAX 003/006
AFFIDAVIT OF CUSTODIAN OF MEDICAL RECORDS
Health Care Provider: Methodist Richardson Medical Center
Patient Name: Lezlie Johnston
DOB: 12-29-1985
ORE = ME, the undexei, authority, personally ay
he arid. Damp) (25 (NAME OF AFFIANT), who, being by me duly rwom,
deposed as follows:
“My name wv edorakSonp SAME OF AFFIANT). I am of sound mind
and capable of making this affidavit,
Tam the person in charge of records of the above referenced health care provider,
Attached to thia affidavit ate tecotds that provide an itemized statement of the setvice(é) that
the above referenced health care provider provided to patient from 03-06-2015 to present. The
attached records are a part of this affidavit
‘The attached records ate kept by me in the regular course of business. The information
contained in the records was transmitted to me in the regular course of business by the above
teferenced health care provider or an employee ot representative of the above referenced health
care ptovider who had personal knowledge of the information, The recotds were made at or
near the time or reasonably soon after the time that the service was povided. The records are
:
the original or an exact duplicate of the original,
The medical setvice provided was medically necessary and reasonable at the time and
place that the service was provided.”
MbeahLenplis
i day of, ( (y
SWORN TO AND SUBSCRIBED before me on i 2019.
TORRIM. ROQUEMORE.
one fy] YY LUNLEO
TEA
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D OTARY Rupe STA’
22
My Notary ID # 20638
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AFPIDAVIT OF CUSTODIAN OF MEDICAL RECORDS. PaGe 1
04/01/2019 MON 11212 FAX @o03/006
AFFIDAVIT OF CUSTODIAN OF MEDICAL RECORDS
Health Care Provider: Memorial MRI &Diagnostic Imaging Centers
Patient Name: Lezlic Johnston
DOB: 12-29-1985
BEFO! the undersigned authority, personally appeared
(NAME OF AFFIANT), who, being by me duly sworn,
deposed as follows:
“My natne is,Prva Pega evans OF APFIANT). I am of sound mind
and capable of making this affidavit.
I am the person in charge of records of the above teferenced health care provider.
Attached to this affidavit ate records that provide an itemized statement of the service(s) that
the above referenced health care provider provided to patient from 03-06-2015 to present, The
attached records are a part of this affidavit.
The attached records are kept by me in the regular course of business, The information
contained in the records was transmitted to me in the regulat course of business by the above
referenced health care provider or an employee or representative of the above referenced health
cate provider who had personal knowledge of the information. The records were made at or
near the time ot teasonably soon after the time that the setvice was provided. The records are
the original or an exact duplicate of the otiginal.
The medical setvice provided was medically necessary and reasonable at the time and
place that the setvice was provided.”
AFFIANT
SWORN TO AND SUBSCRIBED befote me on the Gb day of. 2019,
(Cer,
NOTARY PUBLIC, STATE OF FEXAS
wl,
DINA REYES
lotary Pubiic, State of Texas
Comm. Expires 03-09-2023
ots Notary ID 130143931
AFFIDAVIT OF CUSTODIAN OF MEDICAL RECORDS PAGE]
CAUSE NO. DC-16-07145
LEZLIE A. JOHNSTON § IN THE DISTRICT COURT OF
vs § DALLAS COUNTY, TEXAS
LINCOLN PROPERTY COMPANY MANAGEMENT, §
INC. AND LINCOLN PROPERTY COMPANY § 101ST JUDICIAL DISTRICT
AFFIDAVIT
GONZALO GONZALES JR, DO
Records Pertaining To: LEZLIE JOHNSTON
Before me, the undersigned authority, personally appeared, Geeato Cons lis { i who,
being by me duly sworn, deposed as follows:
|, the undersigned, am over 18 years of age, of sound mind, capable of making this affidavit, and personally
acquainted with the facts herein stated:
| am the custodian of records for GONZALO GONZALES JR, DO.
Attached hereto are_| O° _ pages of records from GONZALO GONZALES JR, DO. These said pages of
records are kept in the regular course of business, and it was the regular course of business of GONZALO
GONZALES JR, DO for an employee or representative of GONZALO GONZALES JR, DO with knowledge of the
act, event, condition, opinion recorded to make the record or to transmit information thereof to be included in such
record; and the record was made at or near the time or reasonably soon thereafter.
AFFIANT
SWORN TO AND SUBSCRIBED before me on the day of Larch 2014.
LGD thant : - ZZ
alia Notary Public in and for
The State of TX
oN aU tir, MICHAEL TANNER LEE
s
Notary Public, State of Texas}
Comm. Expires 10-21-2020
oy
as Notary 1D. 130871724
File: 80619-5-626671
04/01/2019 MON 11:19 FAX (005/006
AFFIDAVIT OF CUSTODIAN OF MEDICAL RECORDS
Health Care Provider: Texas Orthopaedic Associates
Patient Name: Lez
Preview
I DALLAS COUNTY 4/29/2019 12:25 PM FELICIA PITRE DISTRICT CLERK Margaret Thomas CAUSE NO. DC-16-07145 LEZLIE A. JOHNSTON, IN THE DISTRICT COURT Plaintiff, VS. 1015? JUDICIAL DISTRICT LINCOLN PROPERTY COMPANY MANAGEMENT, INC., LINCOLN PROPERTY COMPANY, LINCOLN PROPERTY COMPANY COMMERCIAL, INC. AND LOCH ENERGY SQUARE, LP Defendants. DALLAS COUNTY, TEXAS PLAINTIFFS’ FOURTH AMENDED NOTICE OF FILING MEDICAL & BILLING BUSINESS RECORDS’ AFFIDAVITS CONCERNING COST AND NECESSITY TO THE HONORABLE JUDGE OF SAID COURT: I. Business (Medical) Records Affidavits Pursuant to Rule 902(10), Texas Rules of Evidence, Plaintiff, Lezlie Johnston, files herewith the Medical Business Records’ Affidavits identified below, which Plaintiff reserves the right to offer into evidence at the trial of the instant case: 1 Lezlie Johnston’s Medical Records of James Garrison, prepared by Michelle Ruiz as the Custodian of Records for James Garrison, which records will be made available at the offices of Plaintiff's attorney. Lezlie Johnston’s Medical Records of Martin D. Solomon, M.D., P.A., prepared by Phillip Klotz as the Custodian of Records for Martin D. Solomon, M.D., P.A., which records will be made available at the offices of Plaintiff's attorney. Lezlie Johnston’s Medical Records of Lone Star Physical Therapy- Dr. Jeana Fulenwider, prepared by Jeana Fulenwider as the Custodian of Records for Lone Star Physical Therapy- Dr. Jeana Fulenwider, which records will be made available at the offices of Plaintiff's attorney. Lezlie Johnston’s Medical Records of 3D Physical Therapy-Marcos Lopez, PT, DPT, OCS, prepared by Emma Essery as the Custodian of Records for 3D Physical Therapy- PLAINTIFFS’ FOURTH AMENDED NOTICE OF PAGE | FILING MEDICAL & BILLING RECORDS’ AFFIDAVITS Marcos Lopez, PT, DPT, OCS, which records will be made available at the offices of Plaintiff's attorney. Lezlie Johnston’s Medical Records of Martin E. Van Hall, M.D., prepared by Phillip Klotz as the Custodian of Records for Martin E. Van Hall, M.D, which records will be made available at the offices of Plaintiffs attorney. Lezlie Johnston’s Medical Records of Up and Open Imaging, prepared by Diana Roddy as the Custodian of Records for Up and Open Imaging, which records will be made available at the offices of Plaintiff's attorney. Lezlie Johnston’s Medical Records of Baylor Institute for Rehabilitation, prepared by Beverly Lane as the Custodian of Records for Baylor Institute for Rehabilitation, which records will be made available at the offices of Plaintiff's attorney. Lezlie Johnston’s Medical Records of Brightstar Care Nursing, prepared by Karen Conner as the Custodian of Records for Brightstar Care Nursing, which records will be made available at the offices of Plaintiff's attorney. Lezlie Johnston’s Medical Records of Dr. Peter Leonard, prepared by Norma Ramirez as the Custodian of Records for Dr. Peter Leonard, which records will be made available at the offices of Plaintiff's attorney. 10. Lezlie Johnston’s Medical Records of Gateway Diagnostic Imaging, prepared by Phyllis Killgore as the Custodian of Records for Gateway Diagnostic Imaging, which records will be made available at the offices of Plaintiffs attorney. 11 Lezlie Johnston’s Medical Records of Dr. Ronald N. Sufca, DO, prepared by Alicia Rodriguez as the Custodian of Records for Dr. Ronald N. Sufca, DO - Healthcare Clinics, which records will be made available at the offices of Plaintiffs attorney. 12. Lezlie Johnston’s Medical Records of North Dallas Surgical Specialists, prepared by Laura K. Ochsner as the Custodian of Records for North Dallas Surgical Specialists, which records will be made available at the offices of Plaintiff's attorney. 13 Lezlie Johnston’s Medical Records of Charles Xeller prepared by Heather Boyd as the Custodian of Records for Charles Xeller, which records will be made available at the offices of Plaintiff's attorney. 14 Lezlie Johnston’s Medical Records of North Dallas Urology Associates, prepared by Victoria Reyes as the Custodian of Records for North Dallas Urology Associates, which records will be made available at the offices of Plaintiff's attorney. PLAINTIFFS’ FOURTH AMENDED NOTICE OF PAGE 2 FILING MEDICAL & BILLING RECORDS’ AFFIDAVITS 15 Lezlie Johnston’s Medical Records of Richard Marks, MD, PA, prepared by Katlin Helbert as the Custodian of Records for Richard Marks, MD, PA, which records will be made available at the offices of Plaintiff's attorney. 16. Lezlie Johnston’s Medical Records of Southwest Diagnostic Imaging Center, prepared by Patricia P. Havens as the Custodian of Records for Southwest Diagnostic Imaging Center, which records will be made available at the offices of Plaintiff's attorney. 17 Lezlie Johnston’s Medical Records of Texas Institute of Spine and Neurosurgery, prepared by Jan Stevenson as the Custodian of Records for Texas Institute of Spine and Neurosurgery, which records will be made available at the offices of Plaintiff's attorney. 18. Lezlie Johnston’s Medical Records of Urology Clinics of North Texas, prepared by Jason Chapman as the Custodian of Records for Urology Clinics of North Texas, which records will be made available at the offices of Plaintiffs attorney. 19 Lezlie Johnston’s updated Medical Records dated March 6, 2019 of Richard Marks, MD, PA, prepared by Katlin Helbert as the Custodian of Records for Richard Marks, MD, PA, which records will be made available at the offices ofPlaintiff's attorney. 20. Lezlie Johnston’s Medical Records of Healthcare Clinics, prepared by Alicia Rodriguez as the Custodian of Records for Healthcare Clinics, which records will be made available at the offices of Plaintiff's attorney. 21 Lezlie Johnston’s Medical Records of Rehabilitation Medical Specialists of Dallas, PA, prepared by Maria O Munoz as the Custodian of Records for Rehabilitation Medical Specialists of Dallas, PA, which records will be made available at the offices of Plaintiff's attorney. 22. Lezlie Johnston’s Medical Records of Methodist Richardson Medical Center, prepared by Deborah Samples, as the Custodian of Records for Methodist Richardson Medical Center, which records will be made available at the offices of Plaintiff's attorney. 23 Lezlie Johnston’s Medical Records of Memorial MRI & Diagnostic Imaging Center, prepared by Bryanna Riyna, as the Custodian of Records for Memorial MRI & Diagnostic Imaging Center, which records will be made available at the offices of Plaintiff's attorney. 24, Lezlie Johnston’s Medical Records of Memorial MRI & Diagnostic Imaging Center, prepared by Bryanna Riyna, as the Custodian of Records for Memorial MRI & Diagnostic Imaging Center, which records will be made available at the offices of Plaintiff's attorney. PLAINTIFFS’ FOURTH AMENDED NOTICE OF PAGE 3 FILING MEDICAL & BILLING RECORDS’ AFFIDAVITS 25. Lezlie Johnston’s Medical Records of Memorial MRI & Diagnostic Imaging Center, prepared by Bryanna Riyna, as the Custodian of Records for Memorial MRI & Diagnostic Imaging Center, which records will be made available at the offices of Plaintiff's attorney. The above described Affidavits are signed by individuals who are qualified to provide the prerequisites for admissibility of these records under Rule 803(6) and (7), Texas Rules of Evidence, and attest that the records attached were in fact kept as required by Rules 803 (6) and (7), Texas Rules of Evidence. See the Affidavits attached hereto as Exhibit A and incorporated as if set forth at length for all purposes. Subject to the local rules applicable to the Court in which this case is pending, Plaintiff is filing the above-referenced Affidavits with the Clerk of the Court and serving copies of the Affidavits on each other party in the case at least fourteen (14) days before the day on which evidence is first scheduled to be presented at the trial of the case. Further, the above records will be made available at the offices of Plaintiff's attorney for inspection and copying, upon reasonable notice, at the expense of the party desiring the copies. IL. Affidavits of Necessity of Services and Reasonableness of Charges Pursuant to Tex. Civ. Prac. & Rem. Code, §18.001, Lezlie Johnston’s, Individually, file herewith the following identified Affidavits concerning cost, necessity, and reasonableness of charges, attesting that the services provided were reasonable at the time and place the service was provided relevant to the claims in the instant litigation and the services were necessary: 1 Lezlie Johnston’s Billing Records of Brightstar Care Nursing, prepared by Karen Conner as the Custodian of Records for Brightstar Care Nursing, which records will be made available at the offices of Plaintiff's attorney. Lezlie Johnston’s Billing Records of Martin D. Solomon, M.D., P.A., prepared by Phillip Klotz as the Custodian of Records for Martin D. Solomon, M.D., P.A., which records will be made available at the offices of Plaintiffs attorney. PLAINTIFFS’ FOURTH AMENDED NOTICE OF PAGE 4 FILING MEDICAL & BILLING RECORDS’ AFFIDAVITS Lezlie Johnston’s Billing Records of James Garrison, prepared by Michelle Ruiz as the Custodian of Records for James Garrison, which records will be made available at the offices of Plaintiffs attorney. Lezlie Johnston’s Billing Records of Lone Star Physical Therapy- Dr. Jeana Fulenwider, prepared by Jeana Fulenwider as the Custodian of Records for Lone Star Physical Therapy- Dr. Jeana Fulenwider, which records will be made available at the offices of Plaintiff's attorney. Lezlie Johnston’s Billing Records of 3D Physical Therapy-Marcos Lopez, PT, DPT, OCS, prepared by Emma Essery as the Custodian of Records for 3D Physical Therapy- Marcos Lopez, PT, DPT, OCS, which records will be made available at the offices of Plaintiff's attorney. Lezlie Johnston’s Billing Records of Up and Open Imaging, prepared by Diana Roddy as the Custodian of Records for Up and Open Imaging, which records will be made available at the offices of Plaintiff's attorney. Lezlie Johnston’s Billing Records of Baylor Institute for Rehabilitation, prepared by Victoria Trimmer as the Custodian of Records for Baylor Institute for Rehabilitation, which records will be made available at the offices of Plaintiff's attorney. Lezlie Johnston’s Billing Records of Dr. Peter Leonard, prepared by Norma Ramirez as the Custodian of Records for Dr. Peter Leonard, which records will be made available at the offices of Plaintiff's attorney. Lezlie Johnston’s Billing Records of Gateway Diagnostic Imaging, prepared by Phyllis Killgore as the Custodian of Records for Gateway Diagnostic Imaging, which records will be made available at the offices of Plaintiffs attorney. 10. Lezlie Johnston’s Billing Records of Ronald N. Scufca, DO, prepared by Alicia Rodriguez as the Custodian of Records for Ronald N. Scufca, DO, which records are attached to the Affidavits being served on the attorneys of record. 11 Lezlie Johnston’s Billing Records of Healthcare Clinics, prepared by Alicia Rodriguez as the Custodian of Records for Healthcare Clinics, which records are attached to the Affidavits being served on the attorneys of record. 12. Lezlie Johnston’s Billing Records of Martin E. Van Hall, M.D., prepared by Maria Flores as the Custodian of Records for Martin E. Van Hall, M.D, which records will be made available at the offices of Plaintiff's attorney. PLAINTIFFS’ FOURTH AMENDED NOTICE OF PAGE 5 FILING MEDICAL & BILLING RECORDS’ AFFIDAVITS 13 Lezlie Johnston’s Billing Records of North Dallas Surgical Specialists, prepared by Laura K. Ochsner as the Custodian of Records for North Dallas Surgical Specialists, which records will be made available at the offices of Plaintiff's attorney. 14 Lezlie Johnston’s Billing Records of North Dallas Urology Associates, prepared by Victoria Reyes as the Custodian of Records for North Dallas Urology Associates, which records will be made available at the offices of Plaintiff's attorney. 15 Lezlie Johnston’s Billing Records of Richard Marks, MD, PA, prepared by Katlin Helbert as the Custodian of Records for Richard Marks, MD, PA, which records will be made available at the offices of Plaintiffs attorney. 16. Lezlie Johnston’s Billing Records of Southwest Diagnostic Imaging Center, prepared by Patricia P. Havens as the Custodian of Records for Southwest Diagnostic Imaging Center, which records will be made available at the offices of Plaintiff's attorney. 17 Lezlie Johnston’s Billing Records of Texas Institute of Spine and Neurosurgery, prepared by Jan Stevenson as the Custodian of Records for Texas Institute of Spine and Neurosurgery, which records will be made available at the offices of Plaintiff's attorney. 18. Lezlie Johnston’s Billing Records of Urology Clinics of North Texas, prepared by Jason Chapman as the Custodian of Records for Urology Clinics of North Texas, which records will be made available at the offices of Plaintiffs attorney. 19 Lezlie Johnston’s updated Billing Records dated March 6, 2019 of Richard Marks, MD, PA, prepared by Katlin Helbert as the Custodian of Records for Richard Marks, MD, PA, which records will be made available at the offices of Plaintiff's attorney. 20. Lezlie Johnston’s Billing Records of Dr. Charles F. Xeller prepared by Heather Boyd as the Custodian of Records for Dr. Charles F. Xeller, which records will be made available at the offices of Plaintiff's attorney. 21 Lezlie Johnston’s Billing Records of Rehabilitation Medical Specialists of Dallas, PA, prepared by Maria O Munoz as the Custodian of Records for Rehabilitation Medical Specialists of Dallas, PA, which records will be made available at the offices of Plaintiff's attorney. 22. Lezlie Johnston’s Billing Records of Memorial MRI & Diagnostic Imaging Center, prepared by Bryanna Riyna, as the Custodian of Records for Memorial MRI & Diagnostic Imaging Center, which records will be made available at the offices of Plaintiff's attorney. 23 Lezlie Johnston’s Billing Records of Memorial MRI & Diagnostic Imaging Center, prepared by Bryanna Riyna, as the Custodian of Records for Memorial MRI & PLAINTIFFS’ FOURTH AMENDED NOTICE OF PAGE 6 FILING MEDICAL & BILLING RECORDS’ AFFIDAVITS Diagnostic Imaging Center, which records will be made available at the offices of Plaintiff's attorney. The above described Affidavits are signed by individuals who are qualified to provide the prerequisites for admissibility of these records under Rule 803(6) and (7), Texas Rules of Evidence, and attest that the records attached were in fact kept as required by Rules 803 (6) and (7), Texas Rules of Evidence. See the Affidavits attached hereto as Exhibit B and incorporated as if set forth at length for all purposes. These affidavits and itemized statements are available at the offices of the Plaintiffs attorney for inspection, upon reasonable notice, and copying at the expense of the party desiring such copies. Plaintiff reserves the right to offer into evidence at the trial of the instant cause the above-referenced Affidavits and itemized statements. Respectfully submitted, /s/ W. Kelly Puls W. Kelly Puls State Bar No. 07455200 kelly@pulshaney.com Mark A. Haney State Bar No. 08908480 mark@pulshaney.com Juliana Morris State Bar No. 24026356 jmorris@pulshaney.com PULS HANEY, PLLC 301 Commerce St., Suite 2900 Fort Worth, Texas 76102 Telephone: (817) 338-1717 Facsimile: (817) 332-1333 ATTORNEYS FOR PLAINTIFFS PLAINTIFFS’ FOURTH AMENDED NOTICE OF PAGE 7 FILING MEDICAL & BILLING RECORDS’ AFFIDAVITS CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the above and foregoing document has been served on Defendant by and through his attorney of record on this 29" day of April 2019, as shown below: VIA EFILE & ESERVE Mike Miller The Miller Law Firm /s/ W. Kelly Puls W. Kelly Puls PLAINTIFFS’ FOURTH AMENDED NOTICE OF PAGE 8 FILING MEDICAL & BILLING RECORDS’ AFFIDAVITS EXHIBIT A Lezlie Johnston IN THE DISTRICT COURT v 101% JUDICIAL DISTRICT 8 Lincoln Property Company Management, Inc., 8 DALLAS COUNTY, TEXAS et al AFFIDAVIT OF CUSTODIAN OF MEDICAL RECORDS Health Care Provider: Southwest Diagnostic Imaging Center Patient Name: Lezlie Johnston BEFORE ME, the undersigned authority, personally appeared Dass AG Aa JENS (NAME OF AFFIANT), who, being by me duly sworn, deposed as follows: “My name is. fry Nant, [AME OF AFFIANT). I am of sound mind and capable of making this affidavit. I am the person in charge of records of the above referenced health care provider. Attached to this ptisene affidavit are records that provide an itemized statement of the service(s) that the above referenced health care provider provided to patient from ©, to, (DATE). The attached records are a part of this affidavit. The attached records are kept by me in the regular course of business. The information contained in the tecords was transmitted to me in the regular course of business by the above referenced health care provider or an employee or representative of the above referenced health care provider who had personal knowledge of the information. The records were made at or near the time or reasonably soon after the time that the service was provided. The records are the original or an exact duplicate of the original The medical service provided was medically necessary and reasonable at the time and place that the service was provided.” Pete acis Stata. AFFIANT SWORN TO AND SUBSCRIBED before me on Aseco? aceday ebicewnbe, afb. StF Sic apy eames NOTARY PUBLIC, STATE OF TEXAS JONATHAN ‘£7 MY COMMISSION EXPIRES > . 1S.OMA 7 Printed Name of Notary Public sess My Comm. Exp. 7 = 27-202 Ex IBIT CAUSE NO. DC-16-07145 LEZLIE A. JOHNSTON § IN THE DISTRICT COURT OF vs 5 DALLAS COUNTY, TEXAS LINCOLN PROPERTY COMPANY MANAGEMENT, § INC. AND LINCOLN PROPERTY COMPANY 4 101ST JUDICIAL DISTRICT AFFIDAVIT OF CUSTODIAN OF MEDICAL RECORDS Health Care Provider TEXAS INSTITUTE OF SPINE ANO NEUROSURGERY Patient Name LEZLIE JOHNSTON Before me the undersigned authority personally appeared ‘Sse ~. S PUL SY who being by me duly sworn depased as follows: My name is 5 ay Sg er € Wg fain of sound ™.ng and capable of making this affidavit Iam the person ir cnarge of recoras of the above refe-enced nealin care provider Attached to this affidavit are records that provide an demuzed statement of ine services thal te above referenced health cure provider provided to patient from JG. 4) tc sth The attached records ate a part of this affidavit The attached records are kept in the regular course of busmess The information contamned in the records was transmitted to me in the regular course of business by the above ielerenced health care provider or an employee ‘01 tepresentative of the above relerenced health care provide’ who had personal knowledge of (he inforr:aton, The ‘ecords were made at or near the time of feascnaole soon atter the me that the service was providec The records are the onginal ot an exact duplicate of the or.qinal ‘The medical service provided was medically necessary anz ‘easonable at the time ana place that the service: was provided = AFFIANT SWORN TO AND SUBSCRIBED vetove me on the 2p . a 2K Notary Public in and for The State of TX ti, FREDECIA L TAYLOR e Notary Public, State of Texas 14-11-2019 a Fw Comi Notaryi013 10497368 File: 80618-1-557630 To Page 30S 2016-01-19 * 7:53:14 MT) Lexitas From; Redecce Deases: CAUSE NO. DG-416-07145 LEZLUE A. JOHNSTON 5 ‘NTHE DISTRIGT COURT OF vs MAL AS CCUNTY, TEXAS LINCOLN PROPERTY COMPANY MANAGEMENT, & INC, AND LINGOLN PROPERTY COMPANY § YOLST JUDICIAL DISTRICT AFFIDAVIT DF CUSTODIAN UF MEDIDAL RECORDS Hesttn Care Provider; UROLOGY CLINICS OF NORTH TEXAS: Pabert Name: LEZLIE JOHNSTON Bofors mo, the undorsigned uultinity, ally appeared, JA ie. “ Taare iewonee who, boing by mo duly uworn, depneed ar halla ty name is Je Sor... L be van » Lani of solid fuitd ed capableof making this affidavit. Jam the person in charge of recatdy of the shee referenced heath cara provider. Attacred to is affidavit are records Leal provide wn zee sh ppt serch ng ty above reforenced health care provider provided 2 patlerd trom Eee . The attached recede are 8 pare of this afiidavit, The altached cectuds are kept in the repslar course of business. The infor-sion corfalned In the records waa Ircrwesrvtted ky inet in she regutat coursa of business by ths ahve referenced heelll: care plovider of en employee or “enresentalve of the above referenced health cara provinar wns had oersaral > P4 CAUSE NO. DC-16-07145 LEZLIE A. JOHNSTON § IN THE DISTRICT COURTOF vs § DALLAS COUNTY, TEXAS. LINCOLN PROPERTY COMPANY MANAGEMENT, § ING, AND LINCOLN PROPERTY COMPANY § 1018T JUDICIAL DISTRICT AFFIDAVITOF CUSTODIAN OF MEDICAL RECORDS Health Care Provider; NORTH DALLAS SURGICAL SPECIALIST Palient Name: LEZLIE JOHNSTON Before me, the undersigned authority, personally appearad, haul Dchsnor_, who, being by me duly sworn, deposed as follows: My name is Lassen., J Ochsner. (am of sound mind and capable of making this affidavit Iam the person in charge of recordsof the abave referenced health care pravider. Attached to this affidavit are records that provide an i ints a ty service(s} that above raferancad health care provider provided to patient from A . The attached records are a part of this affidavit. The attached records are kept in the regular course of business. The information contained in the records was transmitled te me in the regular course of business by the above seferenced health care provider or an ompfayee or representative of the above rafarenced health care provider whe had personal knowledge af the information. The records were made ator near the time or reasonable soon after the time that the service was provided. The records are the original ar an exact duplicate of the original, ‘The medical service provided was medically nacestary and reasonable at the time and place that the service was provided. Hom Maw AFFIANT SWORN TO AND SUBSCRIBED before me on the Wn of CaQUALAf fd Me ie NotarELLY L. VACENDAK y Public, State o! Texes Notary Public in and for ion Expos The State of TX mG ‘october 26, 2018 File; 80619-1-557631 CAUSE NO, DC-16-07145 LEZLIE A. JOHNSTON § IN THE DISTRICT COURT Vs § DALLAS COUNTY, TEXAS LINCOLN PROPERTY COMPANY MANAGEMENT, § INC. AND LINCOLN PROPERTY COMPANY § 401ST JUDICIAL DISTRICT NOTICE OF INTENTION TO TAKE DEPOSITION BY WRITTEN QUESTIONS, You will please take notice that (20) days from the service of a copy hereof with attached questions, a deposition by written questions will be taken of the custodian of records for DR. CHARLES F. XELLER at the office of the summoned witness or at another agreed upon time and/or place before a Notary Public; an Officer of the State of Texas; a notary agent of America First Legal Services, Inc., 325 North Saint Paul Street, Suite 1900, Dallas, TX 75201; or their 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 here made as authorized under the Rule 200.2, Texas Rules of Civil Procedure, to the Officer authorized to issue a SUBPOENA DUCES TECUM anc cause it to be served on the witness te produce: ANY AND ALL RECORDS THAT TOUCH UPON OR RELATE TO LEZLIE JOHNSTON, SSN: XXX-XX-7847, FILE, 2071600675 and tur all such records over to the Officer authorized to take this deposition for inspection and photocopying the same may be made by him and attached to said deposition. STEPHEN R MARSH 1301 E. COLLINS BLVD DAVID KLOSTERBOER & ASSOCIATES - DALLAS SUITE 490/LB 11 State Bar No. 13019700 RICHARDSON TX, 75081 Attorney For Defendant /S/ STEPHEN R MARSH _ | certify that a true and exact copy of the foregoing Notice of Intention To Take Deposition by Written Questions was provided to the respective parties or attorneys of record. pursuant of Rule (21a), by certified mail, postage prepaid, hand delivered, or by telephonic document transfer. March 20th, 201 By: (he Dorr ‘Swom to and subscribed before me on this the 20th day of March, 2017. RANT MECHEL E PAITICK Notary Puc CEL % STAT OF TAS Notary Public in and for Se Fp see G49 Sanuiy 19 2040 The State of TX 77685 - 1 - 515447 To: Page 5 of 7 2018-01-30 15:04:34 (GMT) Lexitas From; Rebecca Deases CAUSE NO. DC-16-07145 LEZLIE A. JOHNSTON § IN THE DISTRICT COURT OF vs § DALLAS COUNTY, TEXAS LINCOLN PROPERTY COMPANY MANAGEMENT, § INC. AND LINCOLN PROPERTY COMPANY § 101ST JUDICIAL DISTRICT AFFIDAVIT OF CUSTODIAN OF MEDICAL RECORDS: Health Care Provider: NORTH DALLAS UROLOGY ASSOCIATES: Patient Name: LEZLIE JOHNSTON Before me, the undersigned authority, personally appeared, onc Va RAN ZS who, being by me duly sworn, deposed as follows: My name is, Nich i LAAL _. 1am of sound mind and capable of making this affidavit, 1am the person in charge of records of ne above referenced health cara provider. Attached lo this affidavit are records that provide: an uc Tt ment of the servica(s) thal the above referenced health care provider provided to patient from to. . The attached records are a part of this affidavit. The attached records are kept in the regular course of business. The information contained in the records was. transmitted to ma in the regular course of business by the above referenced health care provider or an employee of representative of tha above referenced health care provider who had personal knowledge of the information. The records were made at or near the lime or reasonable soon after the time that the service was provided. The records are the original or an exact duplicate of the original. The medical service provided was medically necessary and reasonable al the time and place thal the service was provided, 3S — AFFIANT SWORN TO AND SUBSCRIBED before me on the ir da: a rT BRENDA JEAN KELLY "g Notary Public, State of Texas My Commission Expires. Nolary Public in and fo a “ei - August 15, 2019 The State of TX File: 80619-1.557635 CAUSE NO. DC-16-07145 LEZLIE A. JOHNSTON § IN THE DISTRICT COURT OF vs § DALLAS COUNTY, TEXAS LINCOLN PROPERTY COMPANY MANAGEMENT, § INC. AND LINCOLN PROPERTY COMPANY § 101ST JUDICIAL DISTRICT AFFIDAVIT OF CUSTODIAN OF MEDICAL RECORDS Health Care Provider: RICHARD MARKS, MD, PA Patient Name: LEZLIE JOHNSTON Before me, the undersigned authority, personally appeared, Kat n Hel bert . who, being by me duly sworn, deposed as follows: My name is Katlia Helleert . Lam of sound mind and capable of making this affidavit. | am the person in charge of records of the above referenced health care provider. Attached to this affidavit are records that provide an itemized statement of the service(s) that the above referenced health care provider provided to patient from a. L- to 12-@' -4av . The attached records are a part of this affidavit. The attached records are kept in the regular course of business. The information contained in the records was transmitted to me in the regular course of business by the above referenced health care provider or an employee or representative of the above referenced health care provider who had personal knowledge of the information. The records were made at or near the time or reasonable soon after the time that the service was provided. The records are the original or an exact duplicate of the original The medical service provided was medically necessary and reasonable at the time and place that the service was provided. AFFIANT SWORN TO AND SUBSCRIBED before me on the al day of Eebruas Y 2018 Unde Scuedss Notary Public in and for ay, of Texas! The State of TX ic, SM Notary Publ! nm. Expire! 15-2020 04 aw File: 80619-1-557638 04/05/2019 15:37 FAX) P.002/086 03/28/2019 THU 13:08 FAX 003/006 AFFIDAVIT OF CUSTODIAN OF MEDICAL RECORDS Health Care Provider: Methodist Richardson Medical Center Patient Name: Lezlie Johnston DOB: 12-29-1985 ORE = ME, the undexei, authority, personally ay he arid. Damp) (25 (NAME OF AFFIANT), who, being by me duly rwom, deposed as follows: “My name wv edorakSonp SAME OF AFFIANT). I am of sound mind and capable of making this affidavit, Tam the person in charge of records of the above referenced health care provider, Attached to thia affidavit ate tecotds that provide an itemized statement of the setvice(é) that the above referenced health care provider provided to patient from 03-06-2015 to present. The attached records are a part of this affidavit ‘The attached records ate kept by me in the regular course of business. The information contained in the records was transmitted to me in the regular course of business by the above teferenced health care provider or an employee ot representative of the above referenced health care ptovider who had personal knowledge of the information, The recotds were made at or near the time or reasonably soon after the time that the service was povided. The records are : the original or an exact duplicate of the original, The medical setvice provided was medically necessary and reasonable at the time and place that the service was provided.” MbeahLenplis i day of, ( (y SWORN TO AND SUBSCRIBED before me on i 2019. TORRIM. ROQUEMORE. one fy] YY LUNLEO TEA U D OTARY Rupe STA’ 22 My Notary ID # 20638 1 ee AFPIDAVIT OF CUSTODIAN OF MEDICAL RECORDS. PaGe 1 04/01/2019 MON 11212 FAX @o03/006 AFFIDAVIT OF CUSTODIAN OF MEDICAL RECORDS Health Care Provider: Memorial MRI &Diagnostic Imaging Centers Patient Name: Lezlic Johnston DOB: 12-29-1985 BEFO! the undersigned authority, personally appeared (NAME OF AFFIANT), who, being by me duly sworn, deposed as follows: “My natne is,Prva Pega evans OF APFIANT). I am of sound mind and capable of making this affidavit. I am the person in charge of records of the above teferenced health care provider. Attached to this affidavit ate records that provide an itemized statement of the service(s) that the above referenced health care provider provided to patient from 03-06-2015 to present, The attached records are a part of this affidavit. The attached records are kept by me in the regular course of business, The information contained in the records was transmitted to me in the regulat course of business by the above referenced health care provider or an employee or representative of the above referenced health cate provider who had personal knowledge of the information. The records were made at or near the time ot teasonably soon after the time that the setvice was provided. The records are the original or an exact duplicate of the otiginal. The medical setvice provided was medically necessary and reasonable at the time and place that the setvice was provided.” AFFIANT SWORN TO AND SUBSCRIBED befote me on the Gb day of. 2019, (Cer, NOTARY PUBLIC, STATE OF FEXAS wl, DINA REYES lotary Pubiic, State of Texas Comm. Expires 03-09-2023 ots Notary ID 130143931 AFFIDAVIT OF CUSTODIAN OF MEDICAL RECORDS PAGE] CAUSE NO. DC-16-07145 LEZLIE A. JOHNSTON § IN THE DISTRICT COURT OF vs § DALLAS COUNTY, TEXAS LINCOLN PROPERTY COMPANY MANAGEMENT, § INC. AND LINCOLN PROPERTY COMPANY § 101ST JUDICIAL DISTRICT AFFIDAVIT GONZALO GONZALES JR, DO Records Pertaining To: LEZLIE JOHNSTON Before me, the undersigned authority, personally appeared, Geeato Cons lis { i who, being by me duly sworn, deposed as follows: |, the undersigned, am over 18 years of age, of sound mind, capable of making this affidavit, and personally acquainted with the facts herein stated: | am the custodian of records for GONZALO GONZALES JR, DO. Attached hereto are_| O° _ pages of records from GONZALO GONZALES JR, DO. These said pages of records are kept in the regular course of business, and it was the regular course of business of GONZALO GONZALES JR, DO for an employee or representative of GONZALO GONZALES JR, DO with knowledge of the act, event, condition, opinion recorded to make the record or to transmit information thereof to be included in such record; and the record was made at or near the time or reasonably soon thereafter. AFFIANT SWORN TO AND SUBSCRIBED before me on the day of Larch 2014. LGD thant : - ZZ alia Notary Public in and for The State of TX oN aU tir, MICHAEL TANNER LEE s Notary Public, State of Texas} Comm. Expires 10-21-2020 oy as Notary 1D. 130871724 File: 80619-5-626671 04/01/2019 MON 11:19 FAX (005/006 AFFIDAVIT OF CUSTODIAN OF MEDICAL RECORDS Health Care Provider: Texas Orthopaedic Associates Patient Name: Lez