Preview
Electronically Filed
2/9/2024 10:46 AM
Hidalgo County District Clerks
Reviewed By: Alfonso Esparza
CAUSE NO. C-4431-20-A
JOSE LUIS CAVAZOS, § IN THE DISTRICT COURT
Plaintiff, §
§
v. §
§ 92ND JUDICIAL DISTRICT
JUAN DIEGO BALLI, SANTEX §
IDEALEASE, L.L.C., and ARNOLD’S §
U.S. MAIL SERVICE, §
Defendants. § HIDALGO COUNTY, TEXAS
OBJECTIONS TO PLAINTIFF’S SUBPOENA DUCES TECUM
ATTACHED TO THE NOTICE OF DEPOSITION OF ADELINO YUNG
TO: Plaintiff Jose Luis Cavazos by and through his attorneys of record,
Robert Davis, Jr.
The Law Office of Robert Davis, Jr., P.L.L.C.
302 East Tyler Avenue, Suite 1
Harlingen, Texas 78550
and
Chris Brasure
Brasure Law Firm, PLLC
135 Paseo Del Prado, Ste. 32
Edinburg, Texas 78536
COMES NOW, Defendants, Juan Diego Balli, Santex Idealease, LLC, and Arnold’s U.S.
Mail Service and make these objections to Plaintiff’s Subpoena Duces Tecum for the deposition
of Adelino Yung noticed on February 12, 2024, pursuant to the Texas Rules of Civil Procedure.
Respectfully submitted,
Law Office of Ralph M. Rodriguez, PLLC
1410 W. Dove Avenue
McAllen, Texas 78504
(956) 758-0300
E-mail: gtj-service@tdlawtx.com
1
Electronically Filed
2/9/2024 10:46 AM
Hidalgo County District Clerks
Reviewed By: Alfonso Esparza
By: /s/ Guillermo Tijerina, Jr. /s/_
Guillermo Tijerina, Jr.
Of Counsel
State Bar No. 24056437
Counsel for Defendants
CERTIFICATE OF SERVICE
In compliance with the Texas Rules of Civil Procedure, this foregoing instrument was
served on the 9th day of February, 2024 upon the following counsel of record:
Via E-Service:
Robert Davis, Jr.
The Law Office of Robert Davis, Jr., P.L.L.C.
302 East Tyler Avenue, Suite 1
Harlingen, Texas 78550
And
Chris Brasure
Brasure Law Firm, PLLC
135 Paseo Del Prado, Ste. 32
Edinburg, Texas 78536
Counsel for Plaintiff
_/s/ Guillermo Tijerina, Jr. /s/______
Guillermo Tijerina, Jr.
2
Electronically Filed
2/9/2024 10:46 AM
Hidalgo County District Clerks
Reviewed By: Alfonso Esparza
OBJECTIONS TO PLAINTIFF’S SUBPOENA DUCES TECUM
ATTACHED TO THE NOTICE OF DEPOSITION OF ADELINO YUNG
1. All reports, records, notes (handwritten and typed), correspondence, bills, diaries, documents,
and materials of any type prepared by you and all records, notes, medical records, correspondence,
bills, diaries, legal pleadings, deposition transcripts and materials of any type reviewed by you
relating to this case.
Response:
Please see documents previously produced at the following link:
https://www.dropbox.com/scl/fo/d0u00jze0x7td1fka0074/h?rlkey=17jht326let7ouda
5eu9aefvs&dl=0
2. Your curriculum vitae.
Response:
Please see Mr. Yung’s curriculum vitae that was previously produced and bates-
labeled DEFENDANT 0214-0233.
3. All other documents not referred to above upon which you relied in preparing your report in this
case.
Response:
Defendant would object to this request insofar as the information requested is
unlimited in scope, vague, and overly broad.
Defendant would object to this request insofar as it requires the disclosure of
information and/or documents which subjects this Defendant to undue burden,
unnecessary expense and which is made for the sole purpose of annoying and
harassing this Defendant.
Subject to such objections, please see documents previously produced at the following
link:
https://www.dropbox.com/scl/fo/d0u00jze0x7td1fka0074/h?rlkey=17jht326let7ouda
5eu9aefvs&dl=0
4. All drafts (including drafts of your report) of any documents you prepared, reviewed, or
otherwise possessed in this case.
Response: Such materials, if in existence, would be included in the documents previously
produced at the following link:
3
Electronically Filed
2/9/2024 10:46 AM
Hidalgo County District Clerks
Reviewed By: Alfonso Esparza
https://www.dropbox.com/scl/fo/d0u00jze0x7td1fka0074/h?rlkey=17jht326let7ouda
5eu9aefvs&dl=0
5. All correspondence (including electronic mail [whether deleted or not deleted and text
messages) between you and any STATE FARM entity, their agents, employees, representatives,
and attorneys related to this case.
Response:
Defendant would object to this request insofar as it requires the disclosure of
information and/or documents which subjects this Defendant to undue burden,
unnecessary expense and which is made for the sole purpose of annoying and
harassing this Defendant.
Subject to such objection, please see documents produced at the following link:
https://www.dropbox.com/scl/fo/d0u00jze0x7td1fka0074/h?rlkey=17jht326let7ouda
5eu9aefvs&dl=0
6. All cases, by case name, court and case number, in which you were paid to offer an opinion by
an attorney representing a Defendant.
Response:
Defendant objects to this request on the grounds that it is overly broad.
Defendant would object to this request insofar as it requires the disclosure of
information and/or documents which subjects this Defendant to undue burden,
unnecessary expense and which is made for the sole purpose of annoying and
harassing this Defendant.
Defendant objects to this Request for Production on the grounds that it is overly
broad, unduly burdensome, and exceeds the scope of discovery by both duces tecum
and requests for production allowed by the Texas Rules of Civil Procedure.
Subject to such objections, please see Mr. Yung’s testifying history at following link:
https://www.dropbox.com/scl/fo/d0u00jze0x7td1fka0074/h?rlkey=17jht326let7ouda
5eu9aefvs&dl=0
7. All cases, by case name, court and case number, in which you were paid to offer an opinion by
an attorney representing a Plaintiff.
Response:
Defendant objects to this request on the grounds that it is overly broad.
4
Electronically Filed
2/9/2024 10:46 AM
Hidalgo County District Clerks
Reviewed By: Alfonso Esparza
Defendant would object to this request insofar as it requires the disclosure of
information and/or documents which subjects this Defendant to undue burden,
unnecessary expense and which is made for the sole purpose of annoying and
harassing this Defendant.
Defendant objects to this Request for Production on the grounds that it is overly
broad, unduly burdensome, and exceeds the scope of discovery by both duces tecum
and requests for production allowed by the Texas Rules of Civil Procedure.
Subject to such objections, please see Mr. Yung’s testifying history at following link:
https://www.dropbox.com/scl/fo/d0u00jze0x7td1fka0074/h?rlkey=17jht326let7ouda
5eu9aefvs&dl=0
8. The amount of money you received annually 2017-2022 in connection with personal injury
litigation.
Response:
Defendant objects to this request on the grounds that it constitutes an impermissible
"fishing expedition” and/or invasion of privacy, and is not reasonably calculated to
lead to the discovery of admissible evidence.
Defendant would object to this request insofar as it requires the disclosure of
information and/or documents which subjects this Defendant to undue burden,
unnecessary expense and which is made for the sole purpose of annoying and
harassing this Defendant.
Defendant objects to this Request for Production on the grounds that it is unduly
burdensome and generally exceeds the scope of discovery for both duces tecum and
requests for production allowed by the Texas Rules of Civil Procedure.
Subject to such objections, please see Mr. Yung’s invoices generated relating to this
case at the following link:
https://www.dropbox.com/scl/fo/d0u00jze0x7td1fka0074/h?rlkey=17jht326let7ouda
5eu9aefvs&dl=0
9. Any other documents in your "file" related to this case.
Response:
Please see documents previously produced at the following link:
https://www.dropbox.com/scl/fo/d0u00jze0x7td1fka0074/h?rlkey=17jht326let7ouda
5eu9aefvs&dl=0
10. All invoices and payments related to this case.
5
Electronically Filed
2/9/2024 10:46 AM
Hidalgo County District Clerks
Reviewed By: Alfonso Esparza
Response:
Please see documents produced at the following link:
https://www.dropbox.com/scl/fo/d0u00jze0x7td1fka0074/h?rlkey=17jht326let7ouda
5eu9aefvs&dl=0
11. All letters or protection or any other promise to pay from the proceeds of a personal injury
matter you accepted from an attorney to treat a patient.
Response:
Not applicable.
6
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.
Miriam Contreras on behalf of Guillermo Tijerina
Bar No. 24056437
mcontreras@tdlawtx.com
Envelope ID: 84337373
Filing Code Description: Notice
Filing Description: Objection to Young SDT
Status as of 2/9/2024 11:24 AM CST
Associated Case Party: JoseLuisCavazos
Name BarNumber Email TimestampSubmitted Status
ROBERT DAVIS JR ROB@RDJLAWYER.COM 2/9/2024 10:46:58 AM SENT
ROBERT DAVIS JR JT@RDJLAWYER.COM 2/9/2024 10:46:58 AM SENT
AMANDA JAMES AJAMES@LSSLAW.COM 2/9/2024 10:46:58 AM SENT
STEVEN NGUYEN SNGUYEN@LSSLAW.COM 2/9/2024 10:46:58 AM SENT
CHRIS R.BRASURE chris@brasurelaw.com 2/9/2024 10:46:58 AM SENT
VALERIA ZUNIGA valeria@brasurelaw.com 2/9/2024 10:46:58 AM SENT
SCOTT RODRIGUEZ SRODRIGUEZ@LSTLAW.COM 2/9/2024 10:46:58 AM ERROR
Associated Case Party: JuanDiegoBalli
Name BarNumber Email TimestampSubmitted Status
Sandra Cortez scortez@tdlawtx.com 2/9/2024 10:46:58 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Guillermo Tijerina Jr. gtj-service@tdlawtx.com 2/9/2024 10:46:58 AM SENT
Preview
Electronically Filed 2/9/2024 10:46 AM Hidalgo County District Clerks Reviewed By: Alfonso Esparza CAUSE NO. C-4431-20-A JOSE LUIS CAVAZOS, § IN THE DISTRICT COURT Plaintiff, § § v. § § 92ND JUDICIAL DISTRICT JUAN DIEGO BALLI, SANTEX § IDEALEASE, L.L.C., and ARNOLD’S § U.S. MAIL SERVICE, § Defendants. § HIDALGO COUNTY, TEXAS OBJECTIONS TO PLAINTIFF’S SUBPOENA DUCES TECUM ATTACHED TO THE NOTICE OF DEPOSITION OF ADELINO YUNG TO: Plaintiff Jose Luis Cavazos by and through his attorneys of record, Robert Davis, Jr. The Law Office of Robert Davis, Jr., P.L.L.C. 302 East Tyler Avenue, Suite 1 Harlingen, Texas 78550 and Chris Brasure Brasure Law Firm, PLLC 135 Paseo Del Prado, Ste. 32 Edinburg, Texas 78536 COMES NOW, Defendants, Juan Diego Balli, Santex Idealease, LLC, and Arnold’s U.S. Mail Service and make these objections to Plaintiff’s Subpoena Duces Tecum for the deposition of Adelino Yung noticed on February 12, 2024, pursuant to the Texas Rules of Civil Procedure. Respectfully submitted, Law Office of Ralph M. Rodriguez, PLLC 1410 W. Dove Avenue McAllen, Texas 78504 (956) 758-0300 E-mail: gtj-service@tdlawtx.com 1 Electronically Filed 2/9/2024 10:46 AM Hidalgo County District Clerks Reviewed By: Alfonso Esparza By: /s/ Guillermo Tijerina, Jr. /s/_ Guillermo Tijerina, Jr. Of Counsel State Bar No. 24056437 Counsel for Defendants CERTIFICATE OF SERVICE In compliance with the Texas Rules of Civil Procedure, this foregoing instrument was served on the 9th day of February, 2024 upon the following counsel of record: Via E-Service: Robert Davis, Jr. The Law Office of Robert Davis, Jr., P.L.L.C. 302 East Tyler Avenue, Suite 1 Harlingen, Texas 78550 And Chris Brasure Brasure Law Firm, PLLC 135 Paseo Del Prado, Ste. 32 Edinburg, Texas 78536 Counsel for Plaintiff _/s/ Guillermo Tijerina, Jr. /s/______ Guillermo Tijerina, Jr. 2 Electronically Filed 2/9/2024 10:46 AM Hidalgo County District Clerks Reviewed By: Alfonso Esparza OBJECTIONS TO PLAINTIFF’S SUBPOENA DUCES TECUM ATTACHED TO THE NOTICE OF DEPOSITION OF ADELINO YUNG 1. All reports, records, notes (handwritten and typed), correspondence, bills, diaries, documents, and materials of any type prepared by you and all records, notes, medical records, correspondence, bills, diaries, legal pleadings, deposition transcripts and materials of any type reviewed by you relating to this case. Response: Please see documents previously produced at the following link: https://www.dropbox.com/scl/fo/d0u00jze0x7td1fka0074/h?rlkey=17jht326let7ouda 5eu9aefvs&dl=0 2. Your curriculum vitae. Response: Please see Mr. Yung’s curriculum vitae that was previously produced and bates- labeled DEFENDANT 0214-0233. 3. All other documents not referred to above upon which you relied in preparing your report in this case. Response: Defendant would object to this request insofar as the information requested is unlimited in scope, vague, and overly broad. Defendant would object to this request insofar as it requires the disclosure of information and/or documents which subjects this Defendant to undue burden, unnecessary expense and which is made for the sole purpose of annoying and harassing this Defendant. Subject to such objections, please see documents previously produced at the following link: https://www.dropbox.com/scl/fo/d0u00jze0x7td1fka0074/h?rlkey=17jht326let7ouda 5eu9aefvs&dl=0 4. All drafts (including drafts of your report) of any documents you prepared, reviewed, or otherwise possessed in this case. Response: Such materials, if in existence, would be included in the documents previously produced at the following link: 3 Electronically Filed 2/9/2024 10:46 AM Hidalgo County District Clerks Reviewed By: Alfonso Esparza https://www.dropbox.com/scl/fo/d0u00jze0x7td1fka0074/h?rlkey=17jht326let7ouda 5eu9aefvs&dl=0 5. All correspondence (including electronic mail [whether deleted or not deleted and text messages) between you and any STATE FARM entity, their agents, employees, representatives, and attorneys related to this case. Response: Defendant would object to this request insofar as it requires the disclosure of information and/or documents which subjects this Defendant to undue burden, unnecessary expense and which is made for the sole purpose of annoying and harassing this Defendant. Subject to such objection, please see documents produced at the following link: https://www.dropbox.com/scl/fo/d0u00jze0x7td1fka0074/h?rlkey=17jht326let7ouda 5eu9aefvs&dl=0 6. All cases, by case name, court and case number, in which you were paid to offer an opinion by an attorney representing a Defendant. Response: Defendant objects to this request on the grounds that it is overly broad. Defendant would object to this request insofar as it requires the disclosure of information and/or documents which subjects this Defendant to undue burden, unnecessary expense and which is made for the sole purpose of annoying and harassing this Defendant. Defendant objects to this Request for Production on the grounds that it is overly broad, unduly burdensome, and exceeds the scope of discovery by both duces tecum and requests for production allowed by the Texas Rules of Civil Procedure. Subject to such objections, please see Mr. Yung’s testifying history at following link: https://www.dropbox.com/scl/fo/d0u00jze0x7td1fka0074/h?rlkey=17jht326let7ouda 5eu9aefvs&dl=0 7. All cases, by case name, court and case number, in which you were paid to offer an opinion by an attorney representing a Plaintiff. Response: Defendant objects to this request on the grounds that it is overly broad. 4 Electronically Filed 2/9/2024 10:46 AM Hidalgo County District Clerks Reviewed By: Alfonso Esparza Defendant would object to this request insofar as it requires the disclosure of information and/or documents which subjects this Defendant to undue burden, unnecessary expense and which is made for the sole purpose of annoying and harassing this Defendant. Defendant objects to this Request for Production on the grounds that it is overly broad, unduly burdensome, and exceeds the scope of discovery by both duces tecum and requests for production allowed by the Texas Rules of Civil Procedure. Subject to such objections, please see Mr. Yung’s testifying history at following link: https://www.dropbox.com/scl/fo/d0u00jze0x7td1fka0074/h?rlkey=17jht326let7ouda 5eu9aefvs&dl=0 8. The amount of money you received annually 2017-2022 in connection with personal injury litigation. Response: Defendant objects to this request on the grounds that it constitutes an impermissible "fishing expedition” and/or invasion of privacy, and is not reasonably calculated to lead to the discovery of admissible evidence. Defendant would object to this request insofar as it requires the disclosure of information and/or documents which subjects this Defendant to undue burden, unnecessary expense and which is made for the sole purpose of annoying and harassing this Defendant. Defendant objects to this Request for Production on the grounds that it is unduly burdensome and generally exceeds the scope of discovery for both duces tecum and requests for production allowed by the Texas Rules of Civil Procedure. Subject to such objections, please see Mr. Yung’s invoices generated relating to this case at the following link: https://www.dropbox.com/scl/fo/d0u00jze0x7td1fka0074/h?rlkey=17jht326let7ouda 5eu9aefvs&dl=0 9. Any other documents in your "file" related to this case. Response: Please see documents previously produced at the following link: https://www.dropbox.com/scl/fo/d0u00jze0x7td1fka0074/h?rlkey=17jht326let7ouda 5eu9aefvs&dl=0 10. All invoices and payments related to this case. 5 Electronically Filed 2/9/2024 10:46 AM Hidalgo County District Clerks Reviewed By: Alfonso Esparza Response: Please see documents produced at the following link: https://www.dropbox.com/scl/fo/d0u00jze0x7td1fka0074/h?rlkey=17jht326let7ouda 5eu9aefvs&dl=0 11. All letters or protection or any other promise to pay from the proceeds of a personal injury matter you accepted from an attorney to treat a patient. Response: Not applicable. 6 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. Miriam Contreras on behalf of Guillermo Tijerina Bar No. 24056437 mcontreras@tdlawtx.com Envelope ID: 84337373 Filing Code Description: Notice Filing Description: Objection to Young SDT Status as of 2/9/2024 11:24 AM CST Associated Case Party: JoseLuisCavazos Name BarNumber Email TimestampSubmitted Status ROBERT DAVIS JR ROB@RDJLAWYER.COM 2/9/2024 10:46:58 AM SENT ROBERT DAVIS JR JT@RDJLAWYER.COM 2/9/2024 10:46:58 AM SENT AMANDA JAMES AJAMES@LSSLAW.COM 2/9/2024 10:46:58 AM SENT STEVEN NGUYEN SNGUYEN@LSSLAW.COM 2/9/2024 10:46:58 AM SENT CHRIS R.BRASURE chris@brasurelaw.com 2/9/2024 10:46:58 AM SENT VALERIA ZUNIGA valeria@brasurelaw.com 2/9/2024 10:46:58 AM SENT SCOTT RODRIGUEZ SRODRIGUEZ@LSTLAW.COM 2/9/2024 10:46:58 AM ERROR Associated Case Party: JuanDiegoBalli Name BarNumber Email TimestampSubmitted Status Sandra Cortez scortez@tdlawtx.com 2/9/2024 10:46:58 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Guillermo Tijerina Jr. gtj-service@tdlawtx.com 2/9/2024 10:46:58 AM SENT