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  • VASHONE RHODES  vs.  JAMES GOMEZ, et alMOTOR VEHICLE ACCIDENT document preview
  • VASHONE RHODES  vs.  JAMES GOMEZ, et alMOTOR VEHICLE ACCIDENT document preview
  • VASHONE RHODES  vs.  JAMES GOMEZ, et alMOTOR VEHICLE ACCIDENT document preview
  • VASHONE RHODES  vs.  JAMES GOMEZ, et alMOTOR VEHICLE ACCIDENT document preview
  • VASHONE RHODES  vs.  JAMES GOMEZ, et alMOTOR VEHICLE ACCIDENT document preview
  • VASHONE RHODES  vs.  JAMES GOMEZ, et alMOTOR VEHICLE ACCIDENT document preview
  • VASHONE RHODES  vs.  JAMES GOMEZ, et alMOTOR VEHICLE ACCIDENT document preview
  • VASHONE RHODES  vs.  JAMES GOMEZ, et alMOTOR VEHICLE ACCIDENT document preview
						
                                

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