Preview
FILED
2/24/2022 4:34 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Marissa Gomez DEPUTY
20220223 FERGUSON ANGELA PLT MTN TO QUASH DWQS -
CAUSE NO. DC-21-08491
ANGELA FERGUSON; § IN THE DISTRICT COURT OF
§
§
Plaintiff, §
§
VS. § DALLAS COUNTY, TEXAS
§
DANIEL PAUL ARCH; CAPPS RENT- §
A-CAR; VELEX, INC., NEXIUS §
SOLUTIONS, INC.; NWON, LLC; AND §
PROJECT PEOPLE U.S. INC.; §
§
Defendants. § 101ST JUDICIAL DISTRICT
PLAINTIFF'S MOTION TO QUASH DEPOSITIONS BY WRITTEN QUESTIONS TO
SPINE TEAM TEXAS, P.A. AND TOTS N TEENS PEDIATRICS AND
MOTION FOR PROTECTIVE ORDER
PLAINTIFF Angela Ferguson files Plaintiff's Motion to Quash Depositions by
Written Questions to Spine Team Texas and Tots N Teens Pediatrics and respectfully
shows the following:
I. BACKGROUND
This is a personal injury case in which Plaintiff is seeking damages from
Defendants for injuries sustained in a motor vehicle accident that occurred on February
04, 2020. Defendants have issued a notice to take depositions by written questions to
Spine Team Texas and Tots N Teens Pediatrics. [See notice attached hereto as
Exhibit “A”.]
II. OBJECTIONS TO RECORDS SOUGHT
Plaintiff objects to Defendants' deposition notices and request for Plaintiff’s
employment and payroll records directed to Spine Team Texas and Tots N Teens
Pediatrics as overly broad, not limited to time and scope, seeking information that
PLAINTIFF'S MOTION TO QUASH DEPOSITIONS BY WRITTEN QUESTIONS TO SPINE TEAM
TEXAS, P.A. AND TOTS N TEENS PEDIATRICS AND MOTION FOR PROTECTIVE ORDER – Page 1
invades Plaintiff’s personal privacy rights and is neither relevant nor likely to lead to the
discovery of admissible evidence.
Accordingly, Plaintiff seeks an order to quash these deposition notices and
further seeks a protective order precluding Defendants from requesting or obtaining
Plaintiff's records from Spine Team Texas and Tots N Teens Pediatrics.
III. CONCLUSION
Plaintiff objects to the production of Plaintiff's records as set out above and asks
this Court to put in place a protective order to protect the production of such records.
WHEREFORE, PREMISES CONSIDERED, PLAINTIFF Angela Ferguson
respectfully requests and prays that this honorable Court in all things GRANT Plaintiff's
Objections, Motion to Quash Depositions by Written Questions to Spine Team Texas
and Tots N Teens Pediatrics, and Motion for protective order and for such other and
further relief, both special and general, at law and in equity, to which Plaintiff may show
herself to be justly entitled.
Respectfully submitted,
WITHERITE LAW GROUP, PLLC
BY: /s/ John C. Nohinek
JOHN C. NOHINEK
State Bar No. 00794379
john.nohinek@witheritelaw.com
SHELLY GRECO
State Bar No. 24008168
shelly.greco@witheritelaw.com
901 W Vickery Blvd., Suite 900
Fort Worth, TX 76104
817/263-4466
817/263-4477 (fax)
ATTORNEYS FOR PLAINTIFF
PLAINTIFF'S MOTION TO QUASH DEPOSITIONS BY WRITTEN QUESTIONS TO SPINE TEAM
TEXAS, P.A. AND TOTS N TEENS PEDIATRICS AND MOTION FOR PROTECTIVE ORDER – Page 2
CERTIFICATE OF CONFERENCE
I, hereby certify, that Defense Counsel:
() is agreed to this motion
() is opposed to this motion
() is unopposed to this motion
(XX) was unable to confer with Defense Counsel regarding their position on
this motion.
/s/John C. Nohinek
________________________________
John C. Nohinek
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing has been forwarded
to all counsel of record on this 23rd day of February, 2022, pursuant to the Texas Rules
of Civil Procedure.
/s/ John C. Nohinek
John C. Nohinek
Ms. Lisa Ball
Law Office of Lisa Ball
5910 North Central Expressway, Suite 300-A
Dallas, TX 75206
Mr. R. Wayne Gordon
Touchstone, Bernays, Johnston, Beall & Smith, LLP
1201 Elm Street
Suite 4700
Dallas, TX 75270-2196
PLAINTIFF'S MOTION TO QUASH DEPOSITIONS BY WRITTEN QUESTIONS TO SPINE TEAM
TEXAS, P.A. AND TOTS N TEENS PEDIATRICS AND MOTION FOR PROTECTIVE ORDER – Page 3
EXHIBIT A
FILED
2/22/2022 10:25 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Marissa Gomez DEPUTY
Cause No. DC-21-08491
ANGELA FERGUSON $ IN THE DISTRICT COUR.T OF'
s
vs.
$
s DALLAS COUNTY, TEXAS
DANIEL PAUL ARCH; VELEX,INC.; NEXIUS s
SOLUTIONS, LLC; NWON, LLC; and PROJECT s
PEOPLE U.S.,INC. s IOIS'T ruDICIAL DISTRICT
NOTICE OF INTENTION
TO TAKE DEPOSITION BY WRITTEN QUESTIONS
TO: ALL PARTIES BY AND THROUGH THEIR ATTORNEY(S) OF RECORD AS PROVIDED IN TFIE ATTACHED
SERVICE LIST.
You will take notice that fwenfy (20) days after the service hereof, with attached questions, a deposition by writtqn questions
will
be asked of the custodian of records for
SPINE TEAM TEXAS' P.A. SOUTHLAKE - HUMAN RESOURCES-(Employment and PayroltRecords)
1545 E. SOUTHLAKE BLVD, STE 100, SOUTHLAKE,"tX76092
TOTS N TEENS PEDIATRICS-(Employment and Payroil Records)
4100w. 15TH STREET, STE 100, PLANO,TX750'/2
Such questions to be answered on or after 03/16/2022, before a Notary Public at the instance of:
Written Deposition Service, LLC
1755 Whittington Place, Suite 75i)
Dallas, TX75234
The 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 frrlher given that request is hereby made as authorized under Rule(s) 200 &
201(b), Texas Rules of Civil Procedure, to the officer taking this deposition to issue a Subpoena Duces Tecr.ln and cause it to
be served on the witness to produce any and all records as described on the attached questions and/or Exhibit(s) a1d an1,'other
such record in the possession, custody or control of the said witness, and every such recorci to which the witness may have
access) pefiaining to: ANGELA FERGUSON and to tum al1 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.
Respectfully Submitted,
/s/R. Wayne Gordon
R. Wayne Gordon
SBA #: 08206500
Touchstone, Bernays, Johnston, Beall, Smith &
Stollenwerck, LLP
1717 M.ain Street, Suite 3400
Dallas, TX 75201
214-7 41-1166; Fax 214-7 4t-7 548
wayne. gordon@tbj bs.com
Attorney for: Defendant Daniel paul Arch, et al
CERTIFICATE OF SERVICE
I ceftify, as authorized agent for the attorney of record, R. Wayne Gordon that a true and exact copy
of
foregoing Notice of Intention to Take Deposition upon Written
Questions was served to all attorneys of
record in the above-styled and numbered matter, said service being effected in the
followi'g mannel.:
CERTIFIED MAIL/RETURN RECEIPT REQUESTED
FIAND DELIVERY
TELECOPY
OVERNIGHTN.IEXT DAY DELIVERY VIA LONE STAR OR UPS
,7
E-MAIL V
E-FILE
DATED:
BY
SERVED TO ALL PARTIES LISTED BELOW
Angela Fergusonvs. Daniel Paul Arch, et al
ATTORNEYS OF RECORD
John C. Nohinek
Witherite Law Group, PLLC
901 West Vickery Blvd, Suite 900
Fort Worth, TX 76104
811 -263-4466; Fax: (214) 37 8-66j0
Attorney For: Piaintiff
CAUSE NO: DC-2r-08491
ANGELA FERGUSON $ IN THE DISTRICT COURT OF
$
YS.
$
s DALLAS COUNTY, TEXAS
DANIEL PAUL ARCH; VELEX, INC.; NEXIUS $
SOLUTIONS, LLC;NWON, LLC; and PROJECT
s
PEOPLE U.S.,INC. 1O1ST JUDICIAL DISTRICT
$
DIRECT QUESTIONS TO BE PROPOUNDED TO
THE WITNESS, CUSTODIAN OF RECORDS FOR:
SPINE TEAM TEXAS, P.A. SOUTHLAKE - HUMAN RESOURCES
RECORDS PERTAINING TO: ANGELA FERGUSON
1. State your full name and occupation, address and telephone number.
ANSWER: (NAME)
(occuPATr
(ADDRESS)
(TELEPHONE #)
2 In response to the Subpoena Duces Tecum you receivecl, have you produced ANy AND
ALL
EMPLOYMENT AND PAYROLL RECORDS, INCLUDING B-UT NOT LIMITED TO, THN
EMPLOYMENT FILE, COMPENSATION RECORDS, EMPLOYMENT APPLICATIONS,
RtrSUMES' TRAINING RECORDS, ATTENDANCE OR TIME RECORDS, PER.FORMANCB
EVALUATIONS, INCIDENT OR ACCIDENT REPORTS, INSURANCE RECORDS, WORKERS
AND/OR UNEMPLOYMENT COMPENSATION, LISTING OF SALARY FOR BACH YEAR.,
WAGE AND PAYROLL FTLES, W-2 FORMS, 1099 FORMS, DrSCrpLrNARy RECORDS, SICK
TIME REPORTS' MEDICAL BENEFITS OR OTHER BENEFITS THAT MAY HAVE BEEI{
PAID OR AVAILABLE TO THE INDTVIDUAL, 4O1K AND RETIREMENT PLANS,
REPRIMANDS, NOTICES, RESIGNATIONS, TERMINATION RECORDS;
CORRESPONDENCE, EVBRY SUCH RECORD, INCLUDING BUT NOT LIMITED TO;
THOSE EXISTING IN ELECTRONIC OR MAGNDTIC FORM, AND ,A.NY OTHER THING 11\
POSSESSION' CUSTODY OR CONTROL OF SAID WITNDSS PERTAINING TO the above
named?
ANSWER:
3 Do you have access to, or are the facility's records pertaining to the above named nnder your care,
direction, supervision, custody andl or control?
ANSWER:
4 Do you understand the Subpoena Duces Tecum requires the release of all docurnents peftaining to the
above named, and is not limited to documents your office created, nor is it limited to documer-rts relatecl
to the injury or illness which forms the basis for this lawsuit?
ANSWER:
Order #: 72616.053
5 Please hand the original records or copies thereof as requested in the Subpoena Duces 'Iecum pertai'i'g
to the above named to the Notary Public taking your deposition, for attachment to this deposition. Flave
you done as requested? If not, why not?
ANSWER:
6 Has any'thing been removed from or altered in the original records before making these copies?
ANSWER:
7 If you have answered the previous question yes, please state fully and plecisely what alteration was made
in the original records and attach copies of every document removed frorn the original records.
ANSWER:
8 In the event that no records can be found, are there document archives (i.e. microfiche) or document
retention policies which explain their absence? If so, please identiflz who has knowledge of those at.chives
or policies of the above named facility.
ANSWER:
9 Are you aware that it may be necessary to subpoena you or your employer to court at the time of trial if
you have not provided all of the papers, notes, documents, records, general correspondence, oL other
tangible items of any kind perlaining to the above named individual to the Notary Public taking y6x1
deposition?
ANSWER: (circle one) YES OR NO
I, Custodian of Record, do swear or affirm that my answel's to the above questions are the truth, the whole
truth and nothing but the truth, so help me God.
Custodian of Record
I, Notary Public, do hereby cerlifu the above Custodian was duly swom and the non-stenographic
recording of this Written Deposition is a true record of the Custodian testimony.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS DAY OF
20
SIGNA.IURE OF NOTARY PUBLIC IN AND FOR THE STATE OF Texas
NAME OF NOTARY PI]BLIC TYPED OR PRINTED
My commission explres:
Order #: 72616.053
CAUSE NO: DC-21-08491
ANGELA FERGUSON IN THE DISTITICT COURT OF''
$
$
vs.
s
s DALLAS COUNTY, TEXAS
DANIEL PAUL ARCH; VELEX,INC.; NEXIUS
$
SOLUTIONS, LLC; NWON, LLC; and PROJECT
$
PEOPLE U.S.,INC. O1 ST JUDICIAL DISTR.ICT
$ 1
DIRECT QUESTIONS TO BE PROPOUNDED TO
THE WITNESS, CUSTODIAN OF RECORDS FOR
TOTS N TEENS PEDIATRICS
RECORDS PERTAINING TO: ANGELA F.F.RGUSON
I . Slate your lull name and occupation, address and telephone number
ANSWER: (NAME)
(occuPATr
(ADDRESS)
(TELEPHONE #)
2. In response to the Subpoena Duces Tecum you received, have you produced ANy AND
ALL
EMPLOYMENT AND PAYROLL RECORiIS, INCLUDING B-UT NoT LIMITED To, THE
EMPLOYMENT FILE, COMPENSATION RECORDS, EMPLOYMENT APPLIC,qIiIoNS,
RESUMES' TRAINING RECORDS, ATTENDANCE OR TIME RECORDS, PER3ORMAF.1CB
EVALUATIONS, INCIDENT OR ACCIDENT REPORTS, INSIIRANCB RECORDS, WORKEITS
AND/OR UNEMPLOYMENT COMPENSATION, LISTING OF SALARY FOR BACTI YBAR,
WAGE AND PAYROLL FTLES, W-2 FORMS, 1099 FORMS, DISCtrPLINARY RECORDS, SICK
TIME REPORTS, MEDICAL BBNEFITS OR OTTIER BENEFITS THAT MAY HAVB BEEN
PArD OR AVATLABLE TO THB TNDIVTDUAL, 401K AND RITIREI\{ENT ['LAI{S,
REPRIMANDS, NOTICES, RESIGNATIONS, TERMINATION RECORDS;
CORRESPONDENCB, EVERY SUCH RECORD, INCLUDING BUT NOT LIMITED TO;
THOSE EXISTING IN ELECTRONIC OR MAGNETIC F'ORM, AND ANY OTI{ER THING IN
POSSESSION' CUSTODY OR CONTROL OF SAID WITNESS PERTAtr}{ING TO thE AbOVC
named?
ANSWER:
J Do you have access to, or are the facility's records perlaining to the above named under your care.
direction, supervision, custody andl or control?
ANSWER:
4 Do you understand the Subpoena Duces Tecum requires the release of all documents peftaining to the
above named, and is not limited to documents your office created, nor is it lirnited to doculrents
relatecl
to the injury or illness which forms the basis for this lawsuit?
ANSWER
Order #: '72616.054
5 Please hand the original records or copies thereof as requested in the Subpoena Duces
T'ecum peftaining
to the above named to the Notary Public taking your deposition, for attachment to this deposition. I{ave
you done as requested? Ifnot, why not?
ANSWER:
6 Has any'thing been removed from or altered in the original records before making these copies?
ANSWER
l If you have answered the previous question yes, please state fullyand precisely rvhat alteration was ntade
in the original records and attach copies of every document removed from tlie original records.
ANSWER:
8 In the event that no records can be found, are there document archives (i.e. microfiche) or document
retention policies which explain their absence? If so, please identi$,who has knowledge of those archives
or policies of the above named facility.
ANSWER:
9 Are you aware that it may be necessary to subpoena you ol' your employer to court at the time of trial if
you have not provided all of the papers, notes, documents, records, general correspondence, or ot6er
tangible items of any kind pertaining to the above named individual to the Notary pubtic taking your
deposition?
ANSWER: (circle one) YES OR NO
I, Custodian of Record, do swear or affirm that my answers to the above questiols are the truth, the wliole
truth and nothing but the truth, so help me God.
Custodian of Record
I, Notary Public, do hereby certifli the above Custodian was duly swotll and the non_stenogr.aphic
recording of this Written Deposition is a true record of the Custodian testimony.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS DAY OF
20
SIGNATURE OF NOTARY PUBLIC IN AND FOR TI-IE STATE OF Texas
NAME OF NOTARY PUBLIC TYPED OR PRINTED
My commission expires
Order #: 72616.054
SUBPOENA DUCES TE,CUM
THE STATE OF TEXAS
Counfy of Dallas
Greeting, 1o any Sheriff or Constable of the State of Texas other,person authorized to sel've subpoenas under- Rule-
Texas Rules of Civil Procedure: You are hereby commanded -or- 17
^ 6 of
to subpoena and summon the follo#ing;,t".r;i;.);
P9{gqqt-.d pgqlodian of Records
HUIIIAN RESOURCES
for: SPINE TEAM TEXAS, p.A. SOUTIII-AKE ^
to be and appear before a Notary Public of my designation for Written Deposition Service, LLC, 1755 Whittington place,
Suite 750, Dallas, TX 75234, on or after 03/16/2022 at the office of the summoned witness. There under oath to rouk.
onr*.r,
of certain written questions to be propounded to the witness and to bring and produce for inspection and photocopying ANy
AND ALL EMPLOYMENT AND PAYROLL RECORDS, INCLUDING BUT NOT LIMITED TO, THE
EMPLOYMENT FILE' COMPENSATION RECORDS, EMPLOYMENT APPLICATIONS, RESUMES, TRAINING
RECORDS, ATTENDANCE OR TIME RECORDS, PERFORMANCE EVALUATIONS,INCIDENT OR ACCIDENI
REPORTS, INSURANCE RECORDS, WORKERS AND/OR UNEMPLOYMENT COMI,ENSATION, LISTING
OF
SALARY FOR EACH YEAR, WAGE AND PAYROLL FILES, W-2 FORMS, 1099 FORMS, DISCIPLINARy
RECORDS' SICK TIME REPORTS, MEDICAL BENEFITS OR OTHER BENEFITS THAT MAY HAVB BEEN
PAID OR AVAILABLE TO THE INDIVIDUAL, 4O1K AND RETIREMENT PLANS, REPRIMANDS, NOTICES,
RESIGNATIONS, TERMINATION RECORDS, CORRESPONDENCE, EVERY SUCH RECORD, INCLUDING BUl'
NOT LIMITED TO' THOSE EXISIING IN ELECTRONIC OR MAGNETIC FORM, AND ANY OTHER TH]NG ]N
POSSESSION, CUSTODY OR CONTROL OF SAID WITNESS PERTAINING TO ANGELA FERGUSON; DOti:
i at any and all times whatsoever.
Then and there to give evidence atthe instance of the Defendant, Daniel Paul Arch. et al, represented by
B-\llavne Go.rrleq
Texas Bar No. 08206500 Attorney of Record, in that Certain Cause No. DC-21-08491, pending on the doiket of the District
Tr*ur,
This Subpoena is issued under and by virtue of Rule 200 and Notice of Deposition lJpon Written
euestions on fi]e with the
above named cour1, sfyled
Angela Ferguson vs, Duniel paul Arch, et al
and there remain from day to day and time to time until according to law
WITNESS My HAND, this rg day or
N WHITESIDES
Notary Public, State of Texas NOTARY PUBLIC
Comm. Exoires
nnf&6fi9'rF+I (a) Contempl. Failure by any person without adequate excuse to obey a subpoela served
contempt of the cotttl from which the subpoena is issued or a distlict court in thc county in
which the subpoena is served, and may be punished by fine or confinement, or both. This su bpoena falls under exception to
confidentiality Rule 50 9 ( e ) T EXAS rules o f Ci vil Evidence
OFFI CER'S RETURN
Came to hand this dav of 20_and executed this the day of 20 ,in
the foliowing manner: By delivering to the witness
_,4 true copy hereof,
with attached witness fee of $
Returned this _ day of 20
PROCESS SERVER
Order No. 72616.053
STIBPOENA DUCES TECUM
THE STATE OF TEXAS
County of Dallas
Greeting, to any Sheriff or Constable of the State of Texas.or. other.person authorized to
Texas Rules of Civil Procedure: You are hereby commanded to sudpoina and summon
serve subpoenas uncler Rule lj' 6 of
the foliJ#rli;i#;r:i;;)."'"
Designated custodian of Records for: TOTS N TEENS PEDIATRICS
to be and appear before aNotary Public of my designation for written Deposition Service, LLC,
17s5 whittington place,
Suite 750, Dallas, Tx 75234, on or after 03/1612022 at the office of the summoned witness. There
under oath to make answers
of cetlain written questions to be propounded to the witness and to bring and produce for inspection and photocopying
ANy
AND ALL EMPLOYMENT AND PAYROLL RECORDS, INCLUDING BUT NOT LIMITED TO, THI,I
EMPLOYMENT FILE' COMPENSATION RECORDS' EMPLOYMENT APPLICATIOI\S, RESUMES,
TIIAININC;
RECORDS' ATTENDANCE OR TIME RECORDS, PERFORMANCE EVALUATIONS,INCIDENT
OR ACCIDENT
REPORTS' INSURANCE RECORDS, WORKERS AND/OR UNEMPLOYMENT COMPENSATION,
LISTII.{G OF
SALARY FOR EACH YEAR' WAGE AND PAYROLL FILES, W-2 FORMS, 1099 FORMS, DISCIpLINAR.y
RECORDS' SICK TIME REPORTS, MEDICAL BENEFITS OR OTHER BENEFITS THAT
MAY HAVI' BEBN
PAID OR AVAILABLE TO THE INDIVIDUAL, 4O1K AND RETIREMENT PLANS, REPRIMANDS,
NO'IICES,
R.ESIGNATIONS, TERMINATION RECORDS' CORRESPONDENCE, EVERY SUCH RECORD,
INCLUDII{G tsUT
NOT LIMITED TO, THOSE EXISTING IN ELECTRONIC OR MAGNETIC FORM, AND ANY
OTHEI{ T}I]NG IN
POSSESSION' CUSTODY OR CONTROL OF SAID WITNESS PERTAINING TO ANGELA
FER.GUSON; DOB:
; at any and all times whatsoever.
Then and there to give evidence at the instance of the Defendant, Daniel Paul Arch. et al, represented
by Il. Wavle Gordon
Texas Bar No' 08206500 Attorney of Record, in that Certain Cause No. DC-rL08411, p.nding
on tf.,. ao"Gt nf tt District
Court of the 10trst Judicial District of Dallas Countv. Texas. "
This Subpoena is issued under and by virtue of Rule 200 and Notice of Deposition Upon Written
euestions on file with the
above named court, sfyled
Angela Ferguson vs. Daniel paul Arch, et al
and there remain from day to day and time to trme until according to law
WITNESS MY HAND
N IVIIITESIDES
this ffi*, of
i::"2
Notery Public, Stato of Texss
Comm. Expiros 1247 -2023 NOTARY C
OF
Notary lD 126346426
(a) Contempt Failure by any person without adequate excuse to obey a subpo ena served
upon that person may be de emed a contempt of the court from which the subpoena 1S issued or a di stricl court lt
th e counw 1n
'I
which the subp oena 1S served, and may be punished by finc or confurernent, or both This subp oena t'alls un der
exce ption to
confidentialify Rule 509 Texas rules of Civil Evidence
OFF'I CER'S RETURN
Came to hand this _ day of 20_and executed this the _ day of 20__, it't
the following mamer: By delivering to the witness
with attached witness fee of $
_, z true copy hereof,
Retumed this day of 20
--=-
PROCESS SERVER
Order No. 72616.054
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Envelope ID: 61954081
Status as of 2/22/2022 2:21 PM CST
Associated Case Party: PROJECT PEOPLE U.S. INC.
Name BarNumber Email TimestampSubmitted Status
Lisa Ball DallasHC@Hanover.com 2/22/2022 10:25:47 AM SENT
Associated Case Party: ANGELA FERGUSON
Name BarNumber Email TimestampSubmitted Status
Carol Caudle carol.caudle@witheritelaw.com 2/22/2022 10:25:47 AM SENT
John Nohinek john.nohinek@witheritelaw.com 2/22/2022 10:25:47 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
MICHAEL MARTINEZ mikegmartinezlaw@gmail.com 2/22/2022 10:25:47 AM SENT
Associated Case Party: VELEX, INC.
Name BarNumber Email TimestampSubmitted Status
R. Wayne Gordon wayne.gordon@tbjbs.com 2/22/2022 10:25:47 AM SENT
Andrew Fifield andrew.fifield@tbjbs.com 2/22/2022 10:25:47 AM SENT
Angelina Chairez angelina.chairez@tbjbs.com 2/22/2022 10:25:47 AM SENT
Heather Vandever heather.vandever@tbjbs.com 2/22/2022 10:25:47 AM SENT
John Couch john.couch@tbjbs.com 2/22/2022 10:25:47 AM SENT
Clarissa Anderson clarissa.anderson@tbjbs.com 2/22/2022 10:25:47 AM SENT
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Jessica Hernandez on behalf of John Nohinek
Bar No. 794379
jessica.hernandez@witheritelaw.com
Envelope ID: 62063859
Status as of 2/25/2022 8:05 AM CST
Associated Case Party: PROJECT PEOPLE U.S. INC.
Name BarNumber Email TimestampSubmitted Status
Lisa Ball DallasHC@Hanover.com 2/24/2022 4:34:49 PM SENT
Associated Case Party: ANGELA FERGUSON
Name BarNumber Email TimestampSubmitted Status
Carol Caudle carol.caudle@witheritelaw.com 2/24/2022 4:34:49 PM SENT
John Nohinek john.nohinek@witheritelaw.com 2/24/2022 4:34:49 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
MICHAEL MARTINEZ mikegmartinezlaw@gmail.com 2/24/2022 4:34:49 PM SENT
Associated Case Party: VELEX, INC.
Name BarNumber Email TimestampSubmitted Status
R. Wayne Gordon wayne.gordon@tbjbs.com 2/24/2022 4:34:49 PM SENT
Andrew Fifield andrew.fifield@tbjbs.com 2/24/2022 4:34:49 PM SENT
Angelina Chairez angelina.chairez@tbjbs.com 2/24/2022 4:34:49 PM SENT
Heather Vandever heather.vandever@tbjbs.com 2/24/2022 4:34:49 PM SENT
John Couch john.couch@tbjbs.com 2/24/2022 4:34:49 PM SENT
Clarissa Anderson clarissa.anderson@tbjbs.com 2/24/2022 4:34:49 PM SENT
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FILED 2/24/2022 4:34 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Marissa Gomez DEPUTY 20220223 FERGUSON ANGELA PLT MTN TO QUASH DWQS - CAUSE NO. DC-21-08491 ANGELA FERGUSON; § IN THE DISTRICT COURT OF § § Plaintiff, § § VS. § DALLAS COUNTY, TEXAS § DANIEL PAUL ARCH; CAPPS RENT- § A-CAR; VELEX, INC., NEXIUS § SOLUTIONS, INC.; NWON, LLC; AND § PROJECT PEOPLE U.S. INC.; § § Defendants. § 101ST JUDICIAL DISTRICT PLAINTIFF'S MOTION TO QUASH DEPOSITIONS BY WRITTEN QUESTIONS TO SPINE TEAM TEXAS, P.A. AND TOTS N TEENS PEDIATRICS AND MOTION FOR PROTECTIVE ORDER PLAINTIFF Angela Ferguson files Plaintiff's Motion to Quash Depositions by Written Questions to Spine Team Texas and Tots N Teens Pediatrics and respectfully shows the following: I. BACKGROUND This is a personal injury case in which Plaintiff is seeking damages from Defendants for injuries sustained in a motor vehicle accident that occurred on February 04, 2020. Defendants have issued a notice to take depositions by written questions to Spine Team Texas and Tots N Teens Pediatrics. [See notice attached hereto as Exhibit “A”.] II. OBJECTIONS TO RECORDS SOUGHT Plaintiff objects to Defendants' deposition notices and request for Plaintiff’s employment and payroll records directed to Spine Team Texas and Tots N Teens Pediatrics as overly broad, not limited to time and scope, seeking information that PLAINTIFF'S MOTION TO QUASH DEPOSITIONS BY WRITTEN QUESTIONS TO SPINE TEAM TEXAS, P.A. AND TOTS N TEENS PEDIATRICS AND MOTION FOR PROTECTIVE ORDER – Page 1 invades Plaintiff’s personal privacy rights and is neither relevant nor likely to lead to the discovery of admissible evidence. Accordingly, Plaintiff seeks an order to quash these deposition notices and further seeks a protective order precluding Defendants from requesting or obtaining Plaintiff's records from Spine Team Texas and Tots N Teens Pediatrics. III. CONCLUSION Plaintiff objects to the production of Plaintiff's records as set out above and asks this Court to put in place a protective order to protect the production of such records. WHEREFORE, PREMISES CONSIDERED, PLAINTIFF Angela Ferguson respectfully requests and prays that this honorable Court in all things GRANT Plaintiff's Objections, Motion to Quash Depositions by Written Questions to Spine Team Texas and Tots N Teens Pediatrics, and Motion for protective order and for such other and further relief, both special and general, at law and in equity, to which Plaintiff may show herself to be justly entitled. Respectfully submitted, WITHERITE LAW GROUP, PLLC BY: /s/ John C. Nohinek JOHN C. NOHINEK State Bar No. 00794379 john.nohinek@witheritelaw.com SHELLY GRECO State Bar No. 24008168 shelly.greco@witheritelaw.com 901 W Vickery Blvd., Suite 900 Fort Worth, TX 76104 817/263-4466 817/263-4477 (fax) ATTORNEYS FOR PLAINTIFF PLAINTIFF'S MOTION TO QUASH DEPOSITIONS BY WRITTEN QUESTIONS TO SPINE TEAM TEXAS, P.A. AND TOTS N TEENS PEDIATRICS AND MOTION FOR PROTECTIVE ORDER – Page 2 CERTIFICATE OF CONFERENCE I, hereby certify, that Defense Counsel: () is agreed to this motion () is opposed to this motion () is unopposed to this motion (XX) was unable to confer with Defense Counsel regarding their position on this motion. /s/John C. Nohinek ________________________________ John C. Nohinek CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been forwarded to all counsel of record on this 23rd day of February, 2022, pursuant to the Texas Rules of Civil Procedure. /s/ John C. Nohinek John C. Nohinek Ms. Lisa Ball Law Office of Lisa Ball 5910 North Central Expressway, Suite 300-A Dallas, TX 75206 Mr. R. Wayne Gordon Touchstone, Bernays, Johnston, Beall & Smith, LLP 1201 Elm Street Suite 4700 Dallas, TX 75270-2196 PLAINTIFF'S MOTION TO QUASH DEPOSITIONS BY WRITTEN QUESTIONS TO SPINE TEAM TEXAS, P.A. AND TOTS N TEENS PEDIATRICS AND MOTION FOR PROTECTIVE ORDER – Page 3 EXHIBIT A FILED 2/22/2022 10:25 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Marissa Gomez DEPUTY Cause No. DC-21-08491 ANGELA FERGUSON $ IN THE DISTRICT COUR.T OF' s vs. $ s DALLAS COUNTY, TEXAS DANIEL PAUL ARCH; VELEX,INC.; NEXIUS s SOLUTIONS, LLC; NWON, LLC; and PROJECT s PEOPLE U.S.,INC. s IOIS'T ruDICIAL DISTRICT NOTICE OF INTENTION TO TAKE DEPOSITION BY WRITTEN QUESTIONS TO: ALL PARTIES BY AND THROUGH THEIR ATTORNEY(S) OF RECORD AS PROVIDED IN TFIE ATTACHED SERVICE LIST. You will take notice that fwenfy (20) days after the service hereof, with attached questions, a deposition by writtqn questions will be asked of the custodian of records for SPINE TEAM TEXAS' P.A. SOUTHLAKE - HUMAN RESOURCES-(Employment and PayroltRecords) 1545 E. SOUTHLAKE BLVD, STE 100, SOUTHLAKE,"tX76092 TOTS N TEENS PEDIATRICS-(Employment and Payroil Records) 4100w. 15TH STREET, STE 100, PLANO,TX750'/2 Such questions to be answered on or after 03/16/2022, before a Notary Public at the instance of: Written Deposition Service, LLC 1755 Whittington Place, Suite 75i) Dallas, TX75234 The 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 frrlher given that request is hereby made as authorized under Rule(s) 200 & 201(b), Texas Rules of Civil Procedure, to the officer taking this deposition to issue a Subpoena Duces Tecr.ln and cause it to be served on the witness to produce any and all records as described on the attached questions and/or Exhibit(s) a1d an1,'other such record in the possession, custody or control of the said witness, and every such recorci to which the witness may have access) pefiaining to: ANGELA FERGUSON and to tum al1 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. Respectfully Submitted, /s/R. Wayne Gordon R. Wayne Gordon SBA #: 08206500 Touchstone, Bernays, Johnston, Beall, Smith & Stollenwerck, LLP 1717 M.ain Street, Suite 3400 Dallas, TX 75201 214-7 41-1166; Fax 214-7 4t-7 548 wayne. gordon@tbj bs.com Attorney for: Defendant Daniel paul Arch, et al CERTIFICATE OF SERVICE I ceftify, as authorized agent for the attorney of record, R. Wayne Gordon that a true and exact copy of foregoing Notice of Intention to Take Deposition upon Written Questions was served to all attorneys of record in the above-styled and numbered matter, said service being effected in the followi'g mannel.: CERTIFIED MAIL/RETURN RECEIPT REQUESTED FIAND DELIVERY TELECOPY OVERNIGHTN.IEXT DAY DELIVERY VIA LONE STAR OR UPS ,7 E-MAIL V E-FILE DATED: BY SERVED TO ALL PARTIES LISTED BELOW Angela Fergusonvs. Daniel Paul Arch, et al ATTORNEYS OF RECORD John C. Nohinek Witherite Law Group, PLLC 901 West Vickery Blvd, Suite 900 Fort Worth, TX 76104 811 -263-4466; Fax: (214) 37 8-66j0 Attorney For: Piaintiff CAUSE NO: DC-2r-08491 ANGELA FERGUSON $ IN THE DISTRICT COURT OF $ YS. $ s DALLAS COUNTY, TEXAS DANIEL PAUL ARCH; VELEX, INC.; NEXIUS $ SOLUTIONS, LLC;NWON, LLC; and PROJECT s PEOPLE U.S.,INC. 1O1ST JUDICIAL DISTRICT $ DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS, CUSTODIAN OF RECORDS FOR: SPINE TEAM TEXAS, P.A. SOUTHLAKE - HUMAN RESOURCES RECORDS PERTAINING TO: ANGELA FERGUSON 1. State your full name and occupation, address and telephone number. ANSWER: (NAME) (occuPATr (ADDRESS) (TELEPHONE #) 2 In response to the Subpoena Duces Tecum you receivecl, have you produced ANy AND ALL EMPLOYMENT AND PAYROLL RECORDS, INCLUDING B-UT NOT LIMITED TO, THN EMPLOYMENT FILE, COMPENSATION RECORDS, EMPLOYMENT APPLICATIONS, RtrSUMES' TRAINING RECORDS, ATTENDANCE OR TIME RECORDS, PER.FORMANCB EVALUATIONS, INCIDENT OR ACCIDENT REPORTS, INSURANCE RECORDS, WORKERS AND/OR UNEMPLOYMENT COMPENSATION, LISTING OF SALARY FOR BACH YEAR., WAGE AND PAYROLL FTLES, W-2 FORMS, 1099 FORMS, DrSCrpLrNARy RECORDS, SICK TIME REPORTS' MEDICAL BENEFITS OR OTHER BENEFITS THAT MAY HAVE BEEI{ PAID OR AVAILABLE TO THE INDTVIDUAL, 4O1K AND RETIREMENT PLANS, REPRIMANDS, NOTICES, RESIGNATIONS, TERMINATION RECORDS; CORRESPONDENCE, EVBRY SUCH RECORD, INCLUDING BUT NOT LIMITED TO; THOSE EXISTING IN ELECTRONIC OR MAGNDTIC FORM, AND ,A.NY OTHER THING 11\ POSSESSION' CUSTODY OR CONTROL OF SAID WITNDSS PERTAINING TO the above named? ANSWER: 3 Do you have access to, or are the facility's records pertaining to the above named nnder your care, direction, supervision, custody andl or control? ANSWER: 4 Do you understand the Subpoena Duces Tecum requires the release of all docurnents peftaining to the above named, and is not limited to documents your office created, nor is it limited to documer-rts relatecl to the injury or illness which forms the basis for this lawsuit? ANSWER: Order #: 72616.053 5 Please hand the original records or copies thereof as requested in the Subpoena Duces 'Iecum pertai'i'g to the above named to the Notary Public taking your deposition, for attachment to this deposition. Flave you done as requested? If not, why not? ANSWER: 6 Has any'thing been removed from or altered in the original records before making these copies? ANSWER: 7 If you have answered the previous question yes, please state fully and plecisely what alteration was made in the original records and attach copies of every document removed frorn the original records. ANSWER: 8 In the event that no records can be found, are there document archives (i.e. microfiche) or document retention policies which explain their absence? If so, please identiflz who has knowledge of those at.chives or policies of the above named facility. ANSWER: 9 Are you aware that it may be necessary to subpoena you or your employer to court at the time of trial if you have not provided all of the papers, notes, documents, records, general correspondence, oL other tangible items of any kind perlaining to the above named individual to the Notary Public taking y6x1 deposition? ANSWER: (circle one) YES OR NO I, Custodian of Record, do swear or affirm that my answel's to the above questions are the truth, the whole truth and nothing but the truth, so help me God. Custodian of Record I, Notary Public, do hereby cerlifu the above Custodian was duly swom and the non-stenographic recording of this Written Deposition is a true record of the Custodian testimony. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS DAY OF 20 SIGNA.IURE OF NOTARY PUBLIC IN AND FOR THE STATE OF Texas NAME OF NOTARY PI]BLIC TYPED OR PRINTED My commission explres: Order #: 72616.053 CAUSE NO: DC-21-08491 ANGELA FERGUSON IN THE DISTITICT COURT OF'' $ $ vs. s s DALLAS COUNTY, TEXAS DANIEL PAUL ARCH; VELEX,INC.; NEXIUS $ SOLUTIONS, LLC; NWON, LLC; and PROJECT $ PEOPLE U.S.,INC. O1 ST JUDICIAL DISTR.ICT $ 1 DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS, CUSTODIAN OF RECORDS FOR TOTS N TEENS PEDIATRICS RECORDS PERTAINING TO: ANGELA F.F.RGUSON I . Slate your lull name and occupation, address and telephone number ANSWER: (NAME) (occuPATr (ADDRESS) (TELEPHONE #) 2. In response to the Subpoena Duces Tecum you received, have you produced ANy AND ALL EMPLOYMENT AND PAYROLL RECORiIS, INCLUDING B-UT NoT LIMITED To, THE EMPLOYMENT FILE, COMPENSATION RECORDS, EMPLOYMENT APPLIC,qIiIoNS, RESUMES' TRAINING RECORDS, ATTENDANCE OR TIME RECORDS, PER3ORMAF.1CB EVALUATIONS, INCIDENT OR ACCIDENT REPORTS, INSIIRANCB RECORDS, WORKEITS AND/OR UNEMPLOYMENT COMPENSATION, LISTING OF SALARY FOR BACTI YBAR, WAGE AND PAYROLL FTLES, W-2 FORMS, 1099 FORMS, DISCtrPLINARY RECORDS, SICK TIME REPORTS, MEDICAL BBNEFITS OR OTTIER BENEFITS THAT MAY HAVB BEEN PArD OR AVATLABLE TO THB TNDIVTDUAL, 401K AND RITIREI\{ENT ['LAI{S, REPRIMANDS, NOTICES, RESIGNATIONS, TERMINATION RECORDS; CORRESPONDENCB, EVERY SUCH RECORD, INCLUDING BUT NOT LIMITED TO; THOSE EXISTING IN ELECTRONIC OR MAGNETIC F'ORM, AND ANY OTI{ER THING IN POSSESSION' CUSTODY OR CONTROL OF SAID WITNESS PERTAtr}{ING TO thE AbOVC named? ANSWER: J Do you have access to, or are the facility's records perlaining to the above named under your care. direction, supervision, custody andl or control? ANSWER: 4 Do you understand the Subpoena Duces Tecum requires the release of all documents peftaining to the above named, and is not limited to documents your office created, nor is it lirnited to doculrents relatecl to the injury or illness which forms the basis for this lawsuit? ANSWER Order #: '72616.054 5 Please hand the original records or copies thereof as requested in the Subpoena Duces T'ecum peftaining to the above named to the Notary Public taking your deposition, for attachment to this deposition. I{ave you done as requested? Ifnot, why not? ANSWER: 6 Has any'thing been removed from or altered in the original records before making these copies? ANSWER l If you have answered the previous question yes, please state fullyand precisely rvhat alteration was ntade in the original records and attach copies of every document removed from tlie original records. ANSWER: 8 In the event that no records can be found, are there document archives (i.e. microfiche) or document retention policies which explain their absence? If so, please identi$,who has knowledge of those archives or policies of the above named facility. ANSWER: 9 Are you aware that it may be necessary to subpoena you ol' your employer to court at the time of trial if you have not provided all of the papers, notes, documents, records, general correspondence, or ot6er tangible items of any kind pertaining to the above named individual to the Notary pubtic taking your deposition? ANSWER: (circle one) YES OR NO I, Custodian of Record, do swear or affirm that my answers to the above questiols are the truth, the wliole truth and nothing but the truth, so help me God. Custodian of Record I, Notary Public, do hereby certifli the above Custodian was duly swotll and the non_stenogr.aphic recording of this Written Deposition is a true record of the Custodian testimony. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS DAY OF 20 SIGNATURE OF NOTARY PUBLIC IN AND FOR TI-IE STATE OF Texas NAME OF NOTARY PUBLIC TYPED OR PRINTED My commission expires Order #: 72616.054 SUBPOENA DUCES TE,CUM THE STATE OF TEXAS Counfy of Dallas Greeting, 1o any Sheriff or Constable of the State of Texas other,person authorized to sel've subpoenas under- Rule- Texas Rules of Civil Procedure: You are hereby commanded -or- 17 ^ 6 of to subpoena and summon the follo#ing;,t".r;i;.); P9{gqqt-.d pgqlodian of Records HUIIIAN RESOURCES for: SPINE TEAM TEXAS, p.A. SOUTIII-AKE ^ to be and appear before a Notary Public of my designation for Written Deposition Service, LLC, 1755 Whittington place, Suite 750, Dallas, TX 75234, on or after 03/16/2022 at the office of the summoned witness. There under oath to rouk. onr*.r, of certain written questions to be propounded to the witness and to bring and produce for inspection and photocopying ANy AND ALL EMPLOYMENT AND PAYROLL RECORDS, INCLUDING BUT NOT LIMITED TO, THE EMPLOYMENT FILE' COMPENSATION RECORDS, EMPLOYMENT APPLICATIONS, RESUMES, TRAINING RECORDS, ATTENDANCE OR TIME RECORDS, PERFORMANCE EVALUATIONS,INCIDENT OR ACCIDENI REPORTS, INSURANCE RECORDS, WORKERS AND/OR UNEMPLOYMENT COMI,ENSATION, LISTING OF SALARY FOR EACH YEAR, WAGE AND PAYROLL FILES, W-2 FORMS, 1099 FORMS, DISCIPLINARy RECORDS' SICK TIME REPORTS, MEDICAL BENEFITS OR OTHER BENEFITS THAT MAY HAVB BEEN PAID OR AVAILABLE TO THE INDIVIDUAL, 4O1K AND RETIREMENT PLANS, REPRIMANDS, NOTICES, RESIGNATIONS, TERMINATION RECORDS, CORRESPONDENCE, EVERY SUCH RECORD, INCLUDING BUl' NOT LIMITED TO' THOSE EXISIING IN ELECTRONIC OR MAGNETIC FORM, AND ANY OTHER TH]NG ]N POSSESSION, CUSTODY OR CONTROL OF SAID WITNESS PERTAINING TO ANGELA FERGUSON; DOti: i at any and all times whatsoever. Then and there to give evidence atthe instance of the Defendant, Daniel Paul Arch. et al, represented by B-\llavne Go.rrleq Texas Bar No. 08206500 Attorney of Record, in that Certain Cause No. DC-21-08491, pending on the doiket of the District Tr*ur, This Subpoena is issued under and by virtue of Rule 200 and Notice of Deposition lJpon Written euestions on fi]e with the above named cour1, sfyled Angela Ferguson vs, Duniel paul Arch, et al and there remain from day to day and time to time until according to law WITNESS My HAND, this rg day or N WHITESIDES Notary Public, State of Texas NOTARY PUBLIC Comm. Exoires nnf&6fi9'rF+I (a) Contempl. Failure by any person without adequate excuse to obey a subpoela served contempt of the cotttl from which the subpoena is issued or a distlict court in thc county in which the subpoena is served, and may be punished by fine or confinement, or both. This su bpoena falls under exception to confidentiality Rule 50 9 ( e ) T EXAS rules o f Ci vil Evidence OFFI CER'S RETURN Came to hand this dav of 20_and executed this the day of 20 ,in the foliowing manner: By delivering to the witness _,4 true copy hereof, with attached witness fee of $ Returned this _ day of 20 PROCESS SERVER Order No. 72616.053 STIBPOENA DUCES TECUM THE STATE OF TEXAS County of Dallas Greeting, to any Sheriff or Constable of the State of Texas.or. other.person authorized to Texas Rules of Civil Procedure: You are hereby commanded to sudpoina and summon serve subpoenas uncler Rule lj' 6 of the foliJ#rli;i#;r:i;;)."'" Designated custodian of Records for: TOTS N TEENS PEDIATRICS to be and appear before aNotary Public of my designation for written Deposition Service, LLC, 17s5 whittington place, Suite 750, Dallas, Tx 75234, on or after 03/1612022 at the office of the summoned witness. There under oath to make answers of cetlain written questions to be propounded to the witness and to bring and produce for inspection and photocopying ANy AND ALL EMPLOYMENT AND PAYROLL RECORDS, INCLUDING BUT NOT LIMITED TO, THI,I EMPLOYMENT FILE' COMPENSATION RECORDS' EMPLOYMENT APPLICATIOI\S, RESUMES, TIIAININC; RECORDS' ATTENDANCE OR TIME RECORDS, PERFORMANCE EVALUATIONS,INCIDENT OR ACCIDENT REPORTS' INSURANCE RECORDS, WORKERS AND/OR UNEMPLOYMENT COMPENSATION, LISTII.{G OF SALARY FOR EACH YEAR' WAGE AND PAYROLL FILES, W-2 FORMS, 1099 FORMS, DISCIpLINAR.y RECORDS' SICK TIME REPORTS, MEDICAL BENEFITS OR OTHER BENEFITS THAT MAY HAVI' BEBN PAID OR AVAILABLE TO THE INDIVIDUAL, 4O1K AND RETIREMENT PLANS, REPRIMANDS, NO'IICES, R.ESIGNATIONS, TERMINATION RECORDS' CORRESPONDENCE, EVERY SUCH RECORD, INCLUDII{G tsUT NOT LIMITED TO, THOSE EXISTING IN ELECTRONIC OR MAGNETIC FORM, AND ANY OTHEI{ T}I]NG IN POSSESSION' CUSTODY OR CONTROL OF SAID WITNESS PERTAINING TO ANGELA FER.GUSON; DOB: ; at any and all times whatsoever. Then and there to give evidence at the instance of the Defendant, Daniel Paul Arch. et al, represented by Il. Wavle Gordon Texas Bar No' 08206500 Attorney of Record, in that Certain Cause No. DC-rL08411, p.nding on tf.,. ao"Gt nf tt District Court of the 10trst Judicial District of Dallas Countv. Texas. " This Subpoena is issued under and by virtue of Rule 200 and Notice of Deposition Upon Written euestions on file with the above named court, sfyled Angela Ferguson vs. Daniel paul Arch, et al and there remain from day to day and time to trme until according to law WITNESS MY HAND N IVIIITESIDES this ffi*, of i::"2 Notery Public, Stato of Texss Comm. Expiros 1247 -2023 NOTARY C OF Notary lD 126346426 (a) Contempt Failure by any person without adequate excuse to obey a subpo ena served upon that person may be de emed a contempt of the court from which the subpoena 1S issued or a di stricl court lt th e counw 1n 'I which the subp oena 1S served, and may be punished by finc or confurernent, or both This subp oena t'alls un der exce ption to confidentialify Rule 509 Texas rules of Civil Evidence OFF'I CER'S RETURN Came to hand this _ day of 20_and executed this the _ day of 20__, it't the following mamer: By delivering to the witness with attached witness fee of $ _, z true copy hereof, Retumed this day of 20 --=- PROCESS SERVER Order No. 72616.054 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Envelope ID: 61954081 Status as of 2/22/2022 2:21 PM CST Associated Case Party: PROJECT PEOPLE U.S. INC. Name BarNumber Email TimestampSubmitted Status Lisa Ball DallasHC@Hanover.com 2/22/2022 10:25:47 AM SENT Associated Case Party: ANGELA FERGUSON Name BarNumber Email TimestampSubmitted Status Carol Caudle carol.caudle@witheritelaw.com 2/22/2022 10:25:47 AM SENT John Nohinek john.nohinek@witheritelaw.com 2/22/2022 10:25:47 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status MICHAEL MARTINEZ mikegmartinezlaw@gmail.com 2/22/2022 10:25:47 AM SENT Associated Case Party: VELEX, INC. Name BarNumber Email TimestampSubmitted Status R. Wayne Gordon wayne.gordon@tbjbs.com 2/22/2022 10:25:47 AM SENT Andrew Fifield andrew.fifield@tbjbs.com 2/22/2022 10:25:47 AM SENT Angelina Chairez angelina.chairez@tbjbs.com 2/22/2022 10:25:47 AM SENT Heather Vandever heather.vandever@tbjbs.com 2/22/2022 10:25:47 AM SENT John Couch john.couch@tbjbs.com 2/22/2022 10:25:47 AM SENT Clarissa Anderson clarissa.anderson@tbjbs.com 2/22/2022 10:25:47 AM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Jessica Hernandez on behalf of John Nohinek Bar No. 794379 jessica.hernandez@witheritelaw.com Envelope ID: 62063859 Status as of 2/25/2022 8:05 AM CST Associated Case Party: PROJECT PEOPLE U.S. INC. Name BarNumber Email TimestampSubmitted Status Lisa Ball DallasHC@Hanover.com 2/24/2022 4:34:49 PM SENT Associated Case Party: ANGELA FERGUSON Name BarNumber Email TimestampSubmitted Status Carol Caudle carol.caudle@witheritelaw.com 2/24/2022 4:34:49 PM SENT John Nohinek john.nohinek@witheritelaw.com 2/24/2022 4:34:49 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status MICHAEL MARTINEZ mikegmartinezlaw@gmail.com 2/24/2022 4:34:49 PM SENT Associated Case Party: VELEX, INC. Name BarNumber Email TimestampSubmitted Status R. Wayne Gordon wayne.gordon@tbjbs.com 2/24/2022 4:34:49 PM SENT Andrew Fifield andrew.fifield@tbjbs.com 2/24/2022 4:34:49 PM SENT Angelina Chairez angelina.chairez@tbjbs.com 2/24/2022 4:34:49 PM SENT Heather Vandever heather.vandever@tbjbs.com 2/24/2022 4:34:49 PM SENT John Couch john.couch@tbjbs.com 2/24/2022 4:34:49 PM SENT Clarissa Anderson clarissa.anderson@tbjbs.com 2/24/2022 4:34:49 PM SENT