On August 02, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
Rhodes, Vashone,
and
Exclusive Nationwide Delivery, Inc,
Gomez, James,
for MOTOR VEHICLE ACCIDENT
in the District Court of Dallas County.
Preview
FILED
4/6/2021 10:49 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Lafonda Sims DEPUTY
CAUSE NO. DC-19-10926
VASHONE RHODES § IN THE DISTRICT COURT
§
V. § 160TH JUDICIAL DISTRICT
§
JAMES GOMEZ AND EXCLUSIVE §
NATIONWIDE DELIVERY, INC. § DALLAS COUNTY, TEXAS
DEFENDANT JAMES GOMEZ’S MOTION FOR PRODUCTION AND
INSPECTION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, James Gomez, Defendant in the above-entitled and numbered cause, and
files this his Motion for Production and Inspection, pursuant to Texas Rules of CiVil Procedure,
Rule 196.1(a), and would show the Court as follows:
I. ITEM TO BE INSPECTED
This cause of action arises from a motor vehicle accident that occurred on November 27,
2018. Plaintiff Vashone Rhodes was driving a 2008 Mercedes-Benz SS 50, VIN
WDDNG71X7 8A178926, when the subject accident occurred.
II. SCOPE OF INSPECTION
Pursuant to T.R.C.P., Rule 196.1(b), Defendant requests that the vehicle be made available
for inspection by Dr. Rawson L. Wood, MD, MPH of BRC —
Biodynamic Research Corporation,
and by any engineers or assistance of said company under the direction of Dr. Wood. The
inspection should occur within the next 45 days. The inspection will include general vehicle
inspection (in a non-invasive and non-destructive manner) and EDR download.
DEFENDANT’S MOTION FOR PRODUCTION AND INSPECTION
PAGE 1
10001-14762/
III. PRAYER
WHEREFORE, PREMISES CONSIDERED, Defendant James Gomez hereby requests
that the Court grant this motion pursuant to T.R.C.P., Rule 196.1, so that Defendant may conduct
sufficient discovery to properly prepare this matter for trial.
Respectfully submitted,
THE LECRONE LAW FIRM, PC
Wall Street Plaza
123 North Crockett Street, Suite 200
Sherman, TX 75090
TEL: 903.813.1900
FAX: 903.813.1944
By: [s/fifiondlz Q). ffotkomfi
ADAM B. LECRONE
State Bar No. 00786447
JOHN W. BREEZE
State Bar No. 00796248
MARK A. TEAGUE
State Bar No. 24003039
HILLARY LUCKETT CLARK
State Bar No. 24077714
ALEXANDRIA K. CARPENTER
State Bar No. 24101596
RHONDA D. HOLCOMB
State Bar No. 24099024
BLAISE S. WILCOTT
State Bar No. 24086481
ESERVICE@LECR0NELAW.C0M
ATTORNEYS FOR DEFENDANT
DEFENDANT’S MOTION FOR PRODUCTION AND INSPECTION
PAGE 2
10001 -1 4762/
CERTIFICATE OF CONFERENCE
I, the undersigned attorney, hereby certify to the Court, that I personally attempted to confer
with opposing counsel Via phone and email regarding this request, without the necessity of Court
intervention, yet no response has been received to date. While I can presume counsel for Plaintiff
is opposed, in the interest of securing evidence for the foregoing request, I hereby file this motion.
Certified to the 6th day of April, 2021, by:
/s/Q{[iond21 Q). Hofcom6
RHONDA D. HOLCOMB
CERTIFICATE OF SERVICE
This is to certify that on the 6th day of April 2021 , the foregoing instrument was forwarded
to the following counsel of record:
Ms. Paige Eldridge
WITHERITE LAW GROUP, PLLC
10440 N. Central Expressway, Ste. 400
Dallas, TX 75231-2228
paige.eldridge@witheritelaw.com
misty.maldonado@witheritelaw.com
/s/Q{[iond21 Q). Hofcom6
RHONDA D. HOLCOMB
DEFENDANT’S MOTION FOR PRODUCTION AND INSPECTION
PAGE 3
10001 -1 4762/
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 Murray on behalf of Rhonda Holcomb
Bar No. 24099024
jessica@lecronelaw.com
Envelope ID: 52160816
Status as of 4/7/2021 8:20 AM CST
Associated Case Party: VASHONE RHODES
Name BarNumber Email TimestampSubmitted Status
Amy Witherite 788698 amy.witherite@witheritelaw.com 4/6/2021 10:49:52 AM SENT
Paige Eldridge paige.eldridge@ewlawyers.com 4/6/2021 10:49:52 AM SENT
Associated Case Party: JAMES GOMEZ
Name BarNumber Email TimestampSubmitted Status
Adam LeCrone eservice@lecronelaw.com 4/6/2021 10:49:52 AM SENT
Associated Case Party: EXCLUSIVE NATIONWIDE DELIVERY, INC
Name BarNumber Email TimestampSubmitted Status
Randall GWalters waltersedocsnotifications@wbc|awfirm.com 4/6/2021 10:49:52 AM SENT
Nadine K Weatherall nadine.weatherall@wbclawfirm.com 4/6/2021 10:49:52 AM SENT
Randall GWalters randy.walters@wbclawfirm.com 4/6/2021 10:49:52 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
PAIGE VELDRIDGE paiqe.eldridqe@ewlawyers.com 4/6/2021 10:49:52 AM ERROR
Craig Laird PCL@LAIRD.LAWYER 4/6/2021 10:49:52 AM SENT
Document Filed Date
April 06, 2021
Case Filing Date
August 02, 2019
Category
MOTOR VEHICLE ACCIDENT
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FILED 4/6/2021 10:49 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Lafonda Sims DEPUTY CAUSE NO. DC-19-10926 VASHONE RHODES § IN THE DISTRICT COURT § V. § 160TH JUDICIAL DISTRICT § JAMES GOMEZ AND EXCLUSIVE § NATIONWIDE DELIVERY, INC. § DALLAS COUNTY, TEXAS DEFENDANT JAMES GOMEZ’S MOTION FOR PRODUCTION AND INSPECTION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, James Gomez, Defendant in the above-entitled and numbered cause, and files this his Motion for Production and Inspection, pursuant to Texas Rules of CiVil Procedure, Rule 196.1(a), and would show the Court as follows: I. ITEM TO BE INSPECTED This cause of action arises from a motor vehicle accident that occurred on November 27, 2018. Plaintiff Vashone Rhodes was driving a 2008 Mercedes-Benz SS 50, VIN WDDNG71X7 8A178926, when the subject accident occurred. II. SCOPE OF INSPECTION Pursuant to T.R.C.P., Rule 196.1(b), Defendant requests that the vehicle be made available for inspection by Dr. Rawson L. Wood, MD, MPH of BRC — Biodynamic Research Corporation, and by any engineers or assistance of said company under the direction of Dr. Wood. The inspection should occur within the next 45 days. The inspection will include general vehicle inspection (in a non-invasive and non-destructive manner) and EDR download. DEFENDANT’S MOTION FOR PRODUCTION AND INSPECTION PAGE 1 10001-14762/ III. PRAYER WHEREFORE, PREMISES CONSIDERED, Defendant James Gomez hereby requests that the Court grant this motion pursuant to T.R.C.P., Rule 196.1, so that Defendant may conduct sufficient discovery to properly prepare this matter for trial. Respectfully submitted, THE LECRONE LAW FIRM, PC Wall Street Plaza 123 North Crockett Street, Suite 200 Sherman, TX 75090 TEL: 903.813.1900 FAX: 903.813.1944 By: [s/fifiondlz Q). ffotkomfi ADAM B. LECRONE State Bar No. 00786447 JOHN W. BREEZE State Bar No. 00796248 MARK A. TEAGUE State Bar No. 24003039 HILLARY LUCKETT CLARK State Bar No. 24077714 ALEXANDRIA K. CARPENTER State Bar No. 24101596 RHONDA D. HOLCOMB State Bar No. 24099024 BLAISE S. WILCOTT State Bar No. 24086481 ESERVICE@LECR0NELAW.C0M ATTORNEYS FOR DEFENDANT DEFENDANT’S MOTION FOR PRODUCTION AND INSPECTION PAGE 2 10001 -1 4762/ CERTIFICATE OF CONFERENCE I, the undersigned attorney, hereby certify to the Court, that I personally attempted to confer with opposing counsel Via phone and email regarding this request, without the necessity of Court intervention, yet no response has been received to date. While I can presume counsel for Plaintiff is opposed, in the interest of securing evidence for the foregoing request, I hereby file this motion. Certified to the 6th day of April, 2021, by: /s/Q{[iond21 Q). Hofcom6 RHONDA D. HOLCOMB CERTIFICATE OF SERVICE This is to certify that on the 6th day of April 2021 , the foregoing instrument was forwarded to the following counsel of record: Ms. Paige Eldridge WITHERITE LAW GROUP, PLLC 10440 N. Central Expressway, Ste. 400 Dallas, TX 75231-2228 paige.eldridge@witheritelaw.com misty.maldonado@witheritelaw.com /s/Q{[iond21 Q). Hofcom6 RHONDA D. HOLCOMB DEFENDANT’S MOTION FOR PRODUCTION AND INSPECTION PAGE 3 10001 -1 4762/ 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 Murray on behalf of Rhonda Holcomb Bar No. 24099024 jessica@lecronelaw.com Envelope ID: 52160816 Status as of 4/7/2021 8:20 AM CST Associated Case Party: VASHONE RHODES Name BarNumber Email TimestampSubmitted Status Amy Witherite 788698 amy.witherite@witheritelaw.com 4/6/2021 10:49:52 AM SENT Paige Eldridge paige.eldridge@ewlawyers.com 4/6/2021 10:49:52 AM SENT Associated Case Party: JAMES GOMEZ Name BarNumber Email TimestampSubmitted Status Adam LeCrone eservice@lecronelaw.com 4/6/2021 10:49:52 AM SENT Associated Case Party: EXCLUSIVE NATIONWIDE DELIVERY, INC Name BarNumber Email TimestampSubmitted Status Randall GWalters waltersedocsnotifications@wbc|awfirm.com 4/6/2021 10:49:52 AM SENT Nadine K Weatherall nadine.weatherall@wbclawfirm.com 4/6/2021 10:49:52 AM SENT Randall GWalters randy.walters@wbclawfirm.com 4/6/2021 10:49:52 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status PAIGE VELDRIDGE paiqe.eldridqe@ewlawyers.com 4/6/2021 10:49:52 AM ERROR Craig Laird PCL@LAIRD.LAWYER 4/6/2021 10:49:52 AM SENT