Preview
Electronically Filed
10/27/2021 5:01 PM
Hidalgo County District Clerks
Reviewed By: Edgar Sandoval
CAUSE NO. C-1921-21-J
JUANA MONREAL, § IN THE DISTRICT COURT
Plaintiff, §
§
v. § 430TH JUDICIAL DISTRICT
MCALLEN HOSPITALS, L.P., d/b/a §
“MCALLEN MEDICAL CENTER,” §
MCALLEN MEDICAL CENTER, INC., §
SOLARA HOSPITAL MCALLEN, L.P. §
AND SOLARA MCALLEN GP, LLC. §
Defendants. § HIDALGO COUNTY, TEXAS
PLAINTIFF JUANA MONREAL’S AMENDED MOTION FOR PROTECTION FROM
DEFENDANTS MCALLEN MEDICAL CENTER, INC AND MCALLEN HOSPITALS,
LP NOTICE OF INTENTION TO TAKE DEPOSITION BY WRITTEN QUESTIONS OF
MULTIPLE MEDICAL PROVIDERS
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, JUANA MONREAL, Plaintiff herein, and pursuant to the Texas Rules of
Civil Procedure, serves this Plaintiff Juana Monreal’s Amended Motion for Protection from
Defendants McAllen Medical Center, Inc and McAllen Hospitals, LP’s Notice of Intention to Take
Deposition by Written Questions of Dr. Manuel Sanchez, Walgreens Company, Southern Texas
MRI and Rio Grande Valley Orthopedic Center and would show the Court the following.
I.
BACKGROUND AND SUMMARY OF ARGUMENT
This case arises from Plaintiff’s slip and fall incident inside Defendants’ premises where
due to Defendants’ negligence, Plaintiff sustained injuries, Defendants McAllen Medical Center,
Inc and McAllen Hospitals, LP’s now seek unbridled access to unrelated records in an attempt to
improperly “fish” for evidence.
The evidence sought by Defendants McAllen Medical Center, Inc and McAllen Hospitals,
LP’s is over broad as to time and scope. McAllen Medical Center, Inc and McAllen Hospitals,
LP’s seek unbridled access to any and all of Plaintiffs records pertaining to the examination and/or
1
Electronically Filed
10/27/2021 5:01 PM
Hidalgo County District Clerks
Reviewed By: Edgar Sandoval
treatment of Plaintiff Juana Monreal, such that said request is a fishing expedition. See Exhibit
“A”. Said request seeks to obtain
“Any and all medical records pertaining to JUANA MONREAL SSN XXX-XX-XXXX, DOB
12/23/1944, including but not limited to, any and all reports, notes, tests, test results,
diagnosis, prognosis, office records, clinic records, therapy records and correspondence”
“Any and all pharmacy records pertaining to: JUANA MONREAL, DOB: 11/23/1944,
SSN: XXX-XX-XXXX.
And
“Any and all x-ray films, including but not limited to, any and all CT scans and MRI’s and all
radiology reports pertaining to: JUANA MONREAL, DOB: 11/23/1944, SSN:XXX-XX-XXXX.
Plaintiff objects to the request for and production of said documents, moves the court for
an order protecting Plaintiff from the request for and production or use of the requested
records/documents on the following grounds:
1. The documents sought are over broad as to time and scope;
2. The request constitutes an unwarranted invasion of Plaintiff’s personal, constitutional
and/or privacy rights;
3. The documents will reveal information that is protected from disclosure by the physician-
patient privilege;
4. The request constitutes nothing more than a mere “fishing expedition” of the type prohibited
by the Texas Supreme Court in the following cases: In re American Optical Corp., 988
S.W.2d 71, 73 (Tex. 1998), K Mart Corp. v. S, 937 S.W.2d 429 (Tex. 1996) and Loftin v.
Martin, 776 S.W.2d 145 (Tex. 1989);
5. The request constitutes harassment as there is no basis in fact to support the request or need
for such records;
6. The request is premature as there has been no factual basis established to support the
request or need for the records.
2
Electronically Filed
10/27/2021 5:01 PM
Hidalgo County District Clerks
Reviewed By: Edgar Sandoval
II.
ARGUMENT AND AUTHORITIES
Generally, a party may discover any unprivileged matter that is relevant to the claims or
defenses in the case or that is reasonably calculated to lead to the discovery of admissible evidence.
TEX. R. CIV. P. 192.3(a); In re CSX Corp., 124 S.W.3d 149, 152 (Tex.2003). Confidential
communications and records between a physician and patient generally are privileged and not
subject to disclosure. Peeples v. Fourth Court of Appeals, 701 S.W.2d 635, 637 (Tex.1985); see
also TEX. R. CIV. EVID. 509(c). One of the main purposes of the privilege is to prevent
unnecessary disclosure of highly personal information. R.K. v. Ramirez, 887 S.W.2d 836, 840
(Tex.1994). A discovery order that compromises the privilege or mandates the disclosure of
privileged information is improper. In re Fort Worth Children's Hosp., 100 S.W.3d 582, 587
(Tex.App.—Fort Worth 2003, orig. proceeding [mand. dismissed]).
An overbroad request for documents is merely a “fishing expedition” into the other party’s
files, which is prohibited. In re American Optical Corp., 998 S.W.2d 711, 713 (Tex.1998). When
a request asks for “all documents,” the party may object to the request as overbroad and refuse to
comply with it entirely, or the party may file a motion for protective order. See TRCP 192.6(a).
When an over-broad request asks for irrelevant information, the party is not required to detail its
objections to the request; on overbroad request for irrelevant information is improper whether it is
burdensome or not. In re Allstate Cty. Mut. Ins., 227 S.W.3d 667, 670 (Tex.2007).
Through the deposition on written questions directed to Dr. Manuel Sanchez, Walgreens
Company, Southern Texas MRI and Rio Grande Valley Orthopedic Center, Defendants McAllen
Medical Center, Inc and McAllen Hospitals, LP seek unbridled access Any and all medical records
pertaining to JUANA MONREAL SSN XXX-XX-XXXX, DOB 12/23/1944, including but not
limited to, any and all reports, notes, tests, test results, diagnosis, prognosis, office records, clinic
3
Electronically Filed
10/27/2021 5:01 PM
Hidalgo County District Clerks
Reviewed By: Edgar Sandoval
records, therapy records and correspondence; Any and all pharmacy and any and all x-ray films,
including but not limited to, any and all CT scans and MRI’s and all radiology reports.
Plaintiff specifically objects to the discovery of records pertaining to the examination
and/or treatment of Plaintiff Juana Monrreal. The request is not limited as to time or scope. has
failed to articulate any legitimate reason for discovery of the requested records. Consequently,
Defendants McAllen Medical Center, Inc and McAllen Hospitals, LP’s discovery sought through
the attached deposition by written questions improperly calls for the production of records which
the Court has ruled are not discoverable.
The same legal analysis applies to Plaintiff’s objections based on overbreadth, lack of
relevancy and absence of any reasonable expectation that the documents will lead to the discovery
of admissible evidence. The information sought has zero relevance to the motor vehicle accident
at issue in this case since there are no facts indication prior accident medical treatment. The request
for any and all records pertaining to the examination and/or treatment Juana Monreal, is overbroad,
irrelevant and will not lead to the discovery of admissible evidence. The rules of discovery do not
permit unbridled access to all of the Plaintiffs property records without regard to whether there is
a reasonable connection between the information sought and the issues presented in the case at
bar.
Defendants McAllen Medical Center, Inc and McAllen Hospitals, LP are merely “fishing”
for something with no legitimate basis for seeking the requested records. The Supreme Court in
In re American Optical Corp., 988 S.W.2d at 713, in discouraging “fishing expeditions,” mandated
that “requests must be reasonably tailored to include only matters relevant to the case.” Defendants
McAllen Medical Center, Inc and McAllen Hospitals, LP’s request clearly fails in this respect.
For the reasons set forth above, Plaintiff asks the Court to grant Plaintiff’s protection from
4
Electronically Filed
10/27/2021 5:01 PM
Hidalgo County District Clerks
Reviewed By: Edgar Sandoval
the production of said records. The court reporting service conducting the deposition is hereby
served with notice of this motion.
WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that the Court
grant Plaintiff Juana Monreal’s Motion for Protection from Defendant McAllen Medical Center,
Inc and McAllen Hospitals, LP’s Notice of Intention to Take Deposition by Written Questions of
Dr. Manuel Sanchez, Walgreens Company, Southern Texas MRI and Rio Grande Valley
Orthopedic Center and issue an order protecting Plaintiff from the request for, production of and
use of Plaintiff’s records pertaining to the examination and/or treatment of Plaintiff Juana Monreal,
and for such other and further relief, at law or in equity, to which Plaintiffs may be justly entitled.
Respectfully Submitted,
DE LAW GARZA LAW FIRM
/s/ Rafael De La Garza
RAFAEL DE LA GARZA, III
State Bar No. 24076343
4919 S. Jackson Rd.,
Edinburg, Texas 78539
Telephone: 956.533.1426
Facsimile: 956.284.0518
E-mail: rdlglaw@gmail.com
COUNSEL FOR PLAINTIFF
5
Electronically Filed
10/27/2021 5:01 PM
Hidalgo County District Clerks
Reviewed By: Edgar Sandoval
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument has been forwarded
by the manner indicated below to all parties of record this 29th day of October 2021.
VIA E-SERVICE
VIA E-MAIL: law@valleyfirm.com
Edward J. Castillo
GONZALEZ CASTILLO M OYA, LLP
1317 E. Quebec Ave.
McAllen, Texas 78503
Counsel for McAllen Medical Center, Inc and McAllen Hospitals, LP
E-SERVICE
VIA E-MAIL: ppreston@prestonlawfirm.com
VIA E-MAIL: dowdy.alicia@yahoo.com
Paul G. Preston
Alicia K. Dowdy
THE PRESTON LAW FIRM, L.L.C.
141 Robert E. Lee Boulevard, #118
New Orleans, Louisiana 70124
Counsel for Solara Hospital McAllen, LLP and Solara McAllen GP, LLC
VIA E-MAIL: kcruz@proactivelegal.com
Proactive Legal Solutions
440 Benmar Drive, Suite 3000
Houston, Texas 77060
/s/ Rafael De La Garza
RAFAEL DE LA GARZA, III
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.
Rafael de la Garza
Bar No. 24076343
rdlglaw@gmail.com
Envelope ID: 58605708
Status as of 10/28/2021 8:37 AM CST
Associated Case Party: MCALLEN HOSPITALS, L.P. D/B/A MCALLEN MEDICAL
CENTER
Name BarNumber Email TimestampSubmitted Status
Ezequiel Moya emoya@valleyfirm.com 10/27/2021 5:01:32 PM SENT
Edward Castillo ecastillo@valleyfirm.com 10/27/2021 5:01:32 PM SENT
Laura Hinojosa lhinojosa@valleyfirm.com 10/27/2021 5:01:32 PM SENT
Associated Case Party: SOLARA HOSPITAL MCALLEN, L.P.
Name BarNumber Email TimestampSubmitted Status
PAUL G.PRESTON ppreston@prestonlawfirm.com 10/27/2021 5:01:32 PM SENT
Alicia K. Dowdy dowdy.alicia@yahoo.com 10/27/2021 5:01:32 PM SENT
Jackie Wheeler jwheeler@prestonlawfirm.com 10/27/2021 5:01:32 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Rafael de la Garza rdlglaw@gmail.com 10/27/2021 5:01:32 PM SENT
Gonzalez Castillo Moya LLP law@valleyfirm.com 10/27/2021 5:01:32 PM SENT
Preview
Electronically Filed 10/27/2021 5:01 PM Hidalgo County District Clerks Reviewed By: Edgar Sandoval CAUSE NO. C-1921-21-J JUANA MONREAL, § IN THE DISTRICT COURT Plaintiff, § § v. § 430TH JUDICIAL DISTRICT MCALLEN HOSPITALS, L.P., d/b/a § “MCALLEN MEDICAL CENTER,” § MCALLEN MEDICAL CENTER, INC., § SOLARA HOSPITAL MCALLEN, L.P. § AND SOLARA MCALLEN GP, LLC. § Defendants. § HIDALGO COUNTY, TEXAS PLAINTIFF JUANA MONREAL’S AMENDED MOTION FOR PROTECTION FROM DEFENDANTS MCALLEN MEDICAL CENTER, INC AND MCALLEN HOSPITALS, LP NOTICE OF INTENTION TO TAKE DEPOSITION BY WRITTEN QUESTIONS OF MULTIPLE MEDICAL PROVIDERS TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, JUANA MONREAL, Plaintiff herein, and pursuant to the Texas Rules of Civil Procedure, serves this Plaintiff Juana Monreal’s Amended Motion for Protection from Defendants McAllen Medical Center, Inc and McAllen Hospitals, LP’s Notice of Intention to Take Deposition by Written Questions of Dr. Manuel Sanchez, Walgreens Company, Southern Texas MRI and Rio Grande Valley Orthopedic Center and would show the Court the following. I. BACKGROUND AND SUMMARY OF ARGUMENT This case arises from Plaintiff’s slip and fall incident inside Defendants’ premises where due to Defendants’ negligence, Plaintiff sustained injuries, Defendants McAllen Medical Center, Inc and McAllen Hospitals, LP’s now seek unbridled access to unrelated records in an attempt to improperly “fish” for evidence. The evidence sought by Defendants McAllen Medical Center, Inc and McAllen Hospitals, LP’s is over broad as to time and scope. McAllen Medical Center, Inc and McAllen Hospitals, LP’s seek unbridled access to any and all of Plaintiffs records pertaining to the examination and/or 1 Electronically Filed 10/27/2021 5:01 PM Hidalgo County District Clerks Reviewed By: Edgar Sandoval treatment of Plaintiff Juana Monreal, such that said request is a fishing expedition. See Exhibit “A”. Said request seeks to obtain “Any and all medical records pertaining to JUANA MONREAL SSN XXX-XX-XXXX, DOB 12/23/1944, including but not limited to, any and all reports, notes, tests, test results, diagnosis, prognosis, office records, clinic records, therapy records and correspondence” “Any and all pharmacy records pertaining to: JUANA MONREAL, DOB: 11/23/1944, SSN: XXX-XX-XXXX. And “Any and all x-ray films, including but not limited to, any and all CT scans and MRI’s and all radiology reports pertaining to: JUANA MONREAL, DOB: 11/23/1944, SSN:XXX-XX-XXXX. Plaintiff objects to the request for and production of said documents, moves the court for an order protecting Plaintiff from the request for and production or use of the requested records/documents on the following grounds: 1. The documents sought are over broad as to time and scope; 2. The request constitutes an unwarranted invasion of Plaintiff’s personal, constitutional and/or privacy rights; 3. The documents will reveal information that is protected from disclosure by the physician- patient privilege; 4. The request constitutes nothing more than a mere “fishing expedition” of the type prohibited by the Texas Supreme Court in the following cases: In re American Optical Corp., 988 S.W.2d 71, 73 (Tex. 1998), K Mart Corp. v. S, 937 S.W.2d 429 (Tex. 1996) and Loftin v. Martin, 776 S.W.2d 145 (Tex. 1989); 5. The request constitutes harassment as there is no basis in fact to support the request or need for such records; 6. The request is premature as there has been no factual basis established to support the request or need for the records. 2 Electronically Filed 10/27/2021 5:01 PM Hidalgo County District Clerks Reviewed By: Edgar Sandoval II. ARGUMENT AND AUTHORITIES Generally, a party may discover any unprivileged matter that is relevant to the claims or defenses in the case or that is reasonably calculated to lead to the discovery of admissible evidence. TEX. R. CIV. P. 192.3(a); In re CSX Corp., 124 S.W.3d 149, 152 (Tex.2003). Confidential communications and records between a physician and patient generally are privileged and not subject to disclosure. Peeples v. Fourth Court of Appeals, 701 S.W.2d 635, 637 (Tex.1985); see also TEX. R. CIV. EVID. 509(c). One of the main purposes of the privilege is to prevent unnecessary disclosure of highly personal information. R.K. v. Ramirez, 887 S.W.2d 836, 840 (Tex.1994). A discovery order that compromises the privilege or mandates the disclosure of privileged information is improper. In re Fort Worth Children's Hosp., 100 S.W.3d 582, 587 (Tex.App.—Fort Worth 2003, orig. proceeding [mand. dismissed]). An overbroad request for documents is merely a “fishing expedition” into the other party’s files, which is prohibited. In re American Optical Corp., 998 S.W.2d 711, 713 (Tex.1998). When a request asks for “all documents,” the party may object to the request as overbroad and refuse to comply with it entirely, or the party may file a motion for protective order. See TRCP 192.6(a). When an over-broad request asks for irrelevant information, the party is not required to detail its objections to the request; on overbroad request for irrelevant information is improper whether it is burdensome or not. In re Allstate Cty. Mut. Ins., 227 S.W.3d 667, 670 (Tex.2007). Through the deposition on written questions directed to Dr. Manuel Sanchez, Walgreens Company, Southern Texas MRI and Rio Grande Valley Orthopedic Center, Defendants McAllen Medical Center, Inc and McAllen Hospitals, LP seek unbridled access Any and all medical records pertaining to JUANA MONREAL SSN XXX-XX-XXXX, DOB 12/23/1944, including but not limited to, any and all reports, notes, tests, test results, diagnosis, prognosis, office records, clinic 3 Electronically Filed 10/27/2021 5:01 PM Hidalgo County District Clerks Reviewed By: Edgar Sandoval records, therapy records and correspondence; Any and all pharmacy and any and all x-ray films, including but not limited to, any and all CT scans and MRI’s and all radiology reports. Plaintiff specifically objects to the discovery of records pertaining to the examination and/or treatment of Plaintiff Juana Monrreal. The request is not limited as to time or scope. has failed to articulate any legitimate reason for discovery of the requested records. Consequently, Defendants McAllen Medical Center, Inc and McAllen Hospitals, LP’s discovery sought through the attached deposition by written questions improperly calls for the production of records which the Court has ruled are not discoverable. The same legal analysis applies to Plaintiff’s objections based on overbreadth, lack of relevancy and absence of any reasonable expectation that the documents will lead to the discovery of admissible evidence. The information sought has zero relevance to the motor vehicle accident at issue in this case since there are no facts indication prior accident medical treatment. The request for any and all records pertaining to the examination and/or treatment Juana Monreal, is overbroad, irrelevant and will not lead to the discovery of admissible evidence. The rules of discovery do not permit unbridled access to all of the Plaintiffs property records without regard to whether there is a reasonable connection between the information sought and the issues presented in the case at bar. Defendants McAllen Medical Center, Inc and McAllen Hospitals, LP are merely “fishing” for something with no legitimate basis for seeking the requested records. The Supreme Court in In re American Optical Corp., 988 S.W.2d at 713, in discouraging “fishing expeditions,” mandated that “requests must be reasonably tailored to include only matters relevant to the case.” Defendants McAllen Medical Center, Inc and McAllen Hospitals, LP’s request clearly fails in this respect. For the reasons set forth above, Plaintiff asks the Court to grant Plaintiff’s protection from 4 Electronically Filed 10/27/2021 5:01 PM Hidalgo County District Clerks Reviewed By: Edgar Sandoval the production of said records. The court reporting service conducting the deposition is hereby served with notice of this motion. WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that the Court grant Plaintiff Juana Monreal’s Motion for Protection from Defendant McAllen Medical Center, Inc and McAllen Hospitals, LP’s Notice of Intention to Take Deposition by Written Questions of Dr. Manuel Sanchez, Walgreens Company, Southern Texas MRI and Rio Grande Valley Orthopedic Center and issue an order protecting Plaintiff from the request for, production of and use of Plaintiff’s records pertaining to the examination and/or treatment of Plaintiff Juana Monreal, and for such other and further relief, at law or in equity, to which Plaintiffs may be justly entitled. Respectfully Submitted, DE LAW GARZA LAW FIRM /s/ Rafael De La Garza RAFAEL DE LA GARZA, III State Bar No. 24076343 4919 S. Jackson Rd., Edinburg, Texas 78539 Telephone: 956.533.1426 Facsimile: 956.284.0518 E-mail: rdlglaw@gmail.com COUNSEL FOR PLAINTIFF 5 Electronically Filed 10/27/2021 5:01 PM Hidalgo County District Clerks Reviewed By: Edgar Sandoval CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing instrument has been forwarded by the manner indicated below to all parties of record this 29th day of October 2021. VIA E-SERVICE VIA E-MAIL: law@valleyfirm.com Edward J. Castillo GONZALEZ CASTILLO M OYA, LLP 1317 E. Quebec Ave. McAllen, Texas 78503 Counsel for McAllen Medical Center, Inc and McAllen Hospitals, LP E-SERVICE VIA E-MAIL: ppreston@prestonlawfirm.com VIA E-MAIL: dowdy.alicia@yahoo.com Paul G. Preston Alicia K. Dowdy THE PRESTON LAW FIRM, L.L.C. 141 Robert E. Lee Boulevard, #118 New Orleans, Louisiana 70124 Counsel for Solara Hospital McAllen, LLP and Solara McAllen GP, LLC VIA E-MAIL: kcruz@proactivelegal.com Proactive Legal Solutions 440 Benmar Drive, Suite 3000 Houston, Texas 77060 /s/ Rafael De La Garza RAFAEL DE LA GARZA, III 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. Rafael de la Garza Bar No. 24076343 rdlglaw@gmail.com Envelope ID: 58605708 Status as of 10/28/2021 8:37 AM CST Associated Case Party: MCALLEN HOSPITALS, L.P. D/B/A MCALLEN MEDICAL CENTER Name BarNumber Email TimestampSubmitted Status Ezequiel Moya emoya@valleyfirm.com 10/27/2021 5:01:32 PM SENT Edward Castillo ecastillo@valleyfirm.com 10/27/2021 5:01:32 PM SENT Laura Hinojosa lhinojosa@valleyfirm.com 10/27/2021 5:01:32 PM SENT Associated Case Party: SOLARA HOSPITAL MCALLEN, L.P. Name BarNumber Email TimestampSubmitted Status PAUL G.PRESTON ppreston@prestonlawfirm.com 10/27/2021 5:01:32 PM SENT Alicia K. Dowdy dowdy.alicia@yahoo.com 10/27/2021 5:01:32 PM SENT Jackie Wheeler jwheeler@prestonlawfirm.com 10/27/2021 5:01:32 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Rafael de la Garza rdlglaw@gmail.com 10/27/2021 5:01:32 PM SENT Gonzalez Castillo Moya LLP law@valleyfirm.com 10/27/2021 5:01:32 PM SENT