Preview
FILED
9/23/2020 3:03 PM
FELICIA PITRE
DISTRICT CLERK
Cause N0. DC—19-l0926 DALLAS CO., TEXAS
Gia Rodriguez DEPUTY
Vashone Rhodes In The District Court Of
vs. mmmmwmmm
Dallas County, Texas
James Gomez 160th Judicial District
NOTICE OF INTENTION T0 TAKE DEPOSITION BY WRITTEN QUESTIONS
To (s) by and through their attomey(s) of record: To other party/parties by and through their attomey(s)
.
of record: Adam Lecrone (Lecrone Law Firm, P.C.) and Randall G. Walters (Walters, Balido & Crain,
L.L.P.)
YOU WILL TAKE NOTICE THAT twenty (20) days after service of a copy hereof with attached
questions, a deposition by written questions will be taken of Custodian of Records at the address listed
below:
3 — TXDOT (Exhibit 'B‘)
125 East 11th Street, Austin, TX 78701
Before a Notary Public for:
U.S. Legal Support Inc.
16825 Northchase Dr., Suite 800
Houston, TX 77060
Which may be uSed in evidence upon the trial of the above-styled and
deposition with attached questions
numbered cause pending above named court. Notice is further given that request is hereby made as
in the
authorized under Rules 176 and 200, Texas Rules of Civil Procedure, to the officer taking this deposition
to issue a subpoena duces tecum and cause it to be served on the witness to bring and produce for
inspection and photocopying a true and correct copy of records described in the attached Written
Questions and to tum all such records over to the officer authorized to take this deposition so that
photographic reproductions of the same may be made and attached to said deposition.
Paige Eldridge
SBA # 24096747
paige.eldridge@witheritelaw.com
Witherite Law Group
10440 North Central Expressway, Suite 400
Dallas,TX 75231
Phone: (800) 227-9732; Fax:
Attorney f0
mflaintiff(s)/fl
Paige Eldridge
r/x/
y
f 1
Order No: H7768 (Bianca Belmarez)
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Notice of Intention to Take Deposition upon
Written Questions was served to the respective partiesxand/or attorneys of record by ____ certified mail
with return receipt requested;— hand delivery;___ $electronic serve; or_ UPS
By permission:
Paige Eldridge
Should you desire copies of
the so obtained, contact our firm.
713-653-7100
Order Nu: 147768 (Bianca Belmarez)
Cause No. DC-l9—10926
§
Vashone Rhodes
§ In The District Court 0f
§
vs.
Dallas County, Texas
g
James Gomez
160th Judicial District
g
ATTORNEYS 0F RECORD:
Adam Lecrone
Lecrone Law Firm, ?.C.
123 North Crockett S&eet
Suite 200
Sherman‘TX 75090
Phone: 903-8 13-1900 Fax: 903-8 13-1944
Attorney for Defendant(s): James Gomez
Paige Eldridge
Witherite Law Group
10440 Nonh Central Expressway, Suite 400
Dallas, TX 75231
Phone: 214-378-6665 Fax: 214—378-6670
Anomey for Plaintiff(s): Vashone Rhodes
Randall G. Walters
Walters, Balido & Crain, L.L.P.
[0440 North Central Expressway
Suite 1550
Dallas.TX 75231
Phone: 214—749-4805 Fax: 2 144-347-8381
Attorney for Defendant(s): Exclusive Nationwide
Delivery. Inc.
Older No 141768 {Bianca Belmnru)
Cause No. DC-19-10926
Vashone Rhodes § In The District Court 0f
§
vs. § Dallas County, Texas
§
James Gomez § 160th Judicial District
DIRECT QUESTIONS T0 BE PROPOUNDED T0 THE WITNEfi
Custodian of Records for: TXDO'I‘
Records Pertaining to: James Gomez
Type of Records: any and all records and/or documents as described in the attached Exhibit 'B'
l. Please state your full name, address, telephone number, occupation and official title.
ANSWER
I am the custodian for
(Please insert facility or practitioner name.)
Have you received a subpoena duces tecum for the production of those documents listed above?
ANSWER
Are you among those who have possession, custody, control of, or access to the documents requested
above?
ANSWER
Were the records requested above made in the regular course of business?
ANSWER
Was it in the regular course of business of the above listed facility or practitioner for a person with
knowledge of the act, event, condition. opinion, or diagnosis recorded to make the record or to transmit
information thereof to be included in such record?
ANSWER
State whether these records were made at the time or shortly after the time of the transactions recorded?
ANSWER
Were these records kept as described in the preceding questions?
ANSWER
Does the source of the information, and the method and circumstance of its preparation, establish the
trustworthiness of the records?
ANSWER
Order Nu; 147768.003 (Bianca Belmarez)
10. Please release exact duplicates of the records as requested in the subpoena duces tecum or the originals
thereof for photocopying for attachment to this deposition. Have you done as requested? If not, why not?
ANSWER
11. Are there any records, documents, papers, correspondence or tangible matters of any kind pertaining t0
James Gomez that you have NOT provided to the notary public taking your deposition?
ANSWER
12. Please describe all papers, documents, records, correspondence, or tangible matters of any kind that you
have not provided to the notary public taking your deposition and explain why you have NOT provided
them.
ANSWER
13. Are you aware that it may be necessary to subpoena you or your employer to court at the time of the trial
of this case, if you have not provided to the notary public taking your deposition all papers, documents,
records, correspondence, or tangible matters of any kind pertaining to James Gomez?
ANSWER
WI INESS (Custodian 0f Records)
Before me, the undersigned authority. on this day personally appeared
. custodian of records for the above listed. known to me to
be the person whose name subscribed to the foregoing instrument in the capacity therein stated, who being first
is
duly sworn, stated upon his/her oath that the answers to the foregoing questions are true and correct. I further
certify that the records attached hereto are exact duplicates of the original records.
SWORN TO AND SUBSCRIBED before me this day 0f . 20
NOTARY PUBLIC
Order No.2 147768.003 (Bianca Belmrez)
EXHIBIT “B”:
TO: TXDOT
125 E. 11th Street
Austin, TX 78701
(51 2) 463-8588
Email: TxDOT_ORR@txdot.gov
(TXDOT no longer accepts open records requests by fax)
RE: PIaintiff/Driver: Vashone Rhodes
CMV/Truck Driver: James Gomez (CDL #01359088 and DOB: 10/06/1 966)
Truck Company: Exclusive Nationwide Delivery, inc. (USDOT #1836771)
Date of Injury: 11/27/2018
RECORDS REGARDING TRUCK DRIVERITRUCK COMPANY HISTORY:
1. Any and ali prior investigation records for Exclusive Nationwide Delivery (USDOT
#1836771).
Any and all prior investigation records for driver, James Gomez (CDL #01359088 and
DOB: 10/06/1966).
Cause No: DC-19-10926
Vashone Rhodes § In The District Court Of
§
vs. Dailas County, Texas
g
James Gomez 160th Judicial District
g
WAIVER OF NOTICE
THE PARTIES TO THE ABOVE AGREE TO WAIVE THE TWENTY (20) DAY NOTICE PERIOD FOR THE
ISSUANCE OF A SUBPOENA TO TAKE THE DEPOSITION BY WRITTEN QUESTION OF THE CUSTODIAN
OF RECORDS FOR THE FOLLOWING:
1 |
3 TXDOT (Exhibit 'B')
A SUBPOENA AS AUTHORIZED UNDER RULES 176 AND 200, TEXAS RULES OF CIVIL PROCEDURE,
WILL BE ISSUED FORTHWITH TO DIRECT THE ABOVE NAMED CUSTODIAN OF RECORDS TO MAKE
ALL RECORDS PERTAINING TO:
James Gomez
AVAILABLE FOR PHOTOGRAPHIC REPRODUCTION. AND TO ANSWER THE DIRECT AND CROSS
WRITTEN QUESTIONS, IF ANY. SAID DEPOSITION, WHEN SO TAKEN, MAY BE RETURNED INTO COURT
TO BE USED IN EVIDENCE UPON THE TRIAL OF THE ABOVB-NUMBERED CAUSE.
Adam Lecrone
Lecrone Law Firm, P.C.
Sherman, TX
ATTORNEY FOR Defendant
*
*CHECK MARK 0R CIRCLE
YES I |
WAlVE THE NOTICE PERIOD. NO [ 1
D0 NOT WAIVE THE NOTICE PERIOD.
YES | ]
N0 I ]
Please sendA COPY ofthe records indicated above.
YES [ ]
N0 l l
Please send X-RAY FILMS and legal papers indicated above.
YES [ ]
N0 [ ]
Please send NEGA TIVE DEPOSITION (legal papers)
**
PLEASE NOTE: All copies ofrecords will be sent and viewable by our via portal. Login information will be sent for you to
review the documents. This excludes Radiology CD’s; those will be sent by maii **
Please contact {Case.Processor} if you have any questions. Order Number: {Case.0rder No}
YES [ l
N0 [ l
PLEASE DIRECT BILL THE COMPANY INDICATED BELOW
Insurance Co. Bill to: Adjuster:
Address: Adj Phone:
City Claim#:
State, Zip DOL:
Return to: U.S. Legal Support Inc. Phone: 713-653-7100 FAX: 281-673-6292 or txrecords@uslegalsupport.com
Dated:
Signed
Printed Name
Cause No: DC—19-10926
Vashone Rhodes § In The District Court Of
§
vs. Dallas County, Texas
g
James Gomez 160th Judicial District
g
WAIVER OF NOTICE
THE PARTIES TO THE ABOVE AGREE TO WAIVE THE TWENTY (20) DAY NOTICE PERIOD FOR THE
ISSUANCE OF A SUBPOENA TO TAKE THE DEPO SITION BY WRITTEN QUESTION OF THE CUSTODIAN
OF RECORDS FOR THE FOLLOWING:
| [3 TXDOT(Exhibit'B')
A SUBPOENA AS AUTHORIZED UNDER RULES 176 AND 200, TEXAS RULES OF CIVIL PROCEDURE,
WILL BE ISSUED FORTHWITH TO DIRECT THE ABOVE NAMED CUSTODIAN OF RECORDS TO MAKE
ALL RECORDS PERTAINING TO:
James Gomez
AVAILABLE FOR PHOTOGRAPHIC REPRODUCTION, AND TO ANSWER THE DIRECT AND CROSS
WRITTEN QUESTIONS, IF ANY. SAID DEPOSITION, WHEN SO TAKEN, MAY BE RETURNED INTO COURT
TO BE USED IN EVIDENCE UPON THE TRIAL OF THE ABOVE-NUMBERED CAUSE.
Randall G. Walters
Walters, Balido & Crain, L.L.P.
Dallas, TX
ATTORNEY FOR Defendant
“CHECK MARK 0R CIRCLE
YES [ 1
WAIVE THE NOTICE PERIOD. No [ 1
D0 NOT WAIVE THE NOTICE PERIOD.
YES [ ] N0 [ i
Please send A COPYofthe records indicated above.
YES [ ] N0 l l
Please send X-RA Y FILMS and legal papers indicated ab0ve.
YES [ l
N0 [ f
Please send NEGA TIVE DEPOSITION (legal papers)
** PLEASE NOTE: A11 copies of records will be sent and viewable by our via portal. Login infomation will be sent for you to
review the documents. This excludes Radiology CD'S; those will be sent by mail **
Please contact {Case.Processor} if you have any questions. Order Number: {Case.0rder No}
YES [ ] NO l ]
PLEASE DIRECT BILL THE COMPANY INDICATED BELOW
Insurance Co. Bill to: Adjuster:
Address: Adj Phone:
City Claim#:
State, Zip DOL:
Return to: U.S. Legal Support Inc. Phone: 713-653-7100 FAX: 281-673-6292 or txrecords@uslegalsupport.com
Dated:
Signed
Printed Name
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: 46502739
Status as 0f 9/24/2020 9:41 AM CST
Associated Case Party: VASHONE RHODES
Name BarNumber Email TimestampSubmitted Status
Amy Witherite 788698 amy.witherite@witheritelaw.com 9/23/2020 3:03:11 PM SENT
Paige Eldridge paige.eldridge@ewlawyers.com 9/23/2020 3:03:11 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Craig Laird PCL@LAIRD.LAWYER 9/23/2020 3:03:11 PM SENT
PAIGE VELDRIDGE paiqe.eldridqe@ewlawyers.com 9/23/2020 3:03:11 PM ERROR
Associated Case Party: JAMES GOMEZ
Name BarNumber Email TimestampSubmitted Status
Adam LeCrone eservice@lecronelaw.com 9/23/2020 3:03:11 PM SENT
Associated Case Party: EXCLUSIVE NATIONWIDE DELIVERY, INC
Name BarNumber Email TimestampSubmitted Status
Randall GWaIters waItersedocsnotifications@wbclawfirm.com 9/23/2020 3:03:11 PM SENT
Nadine K Weatherall nadine.weatherall@wbclawfirm.com 9/23/2020 3:03:11 PM SENT