Preview
Electronically Submitted
2/6/2024 3:01 PM
Hidalgo County Clerk
Accepted by: Alejandra Lara
CAUSE NO. CL-18-2686-B
YIDALTY LEOS, INDIVIDUALLY AND § IN THE COUNTY COURT
OSWALDO GUZMAN, INDIVIDUALLY §
Plaintiffs, §
§
§
v. § AT LAW NO. 2
§
§
NOE CARVAJAL, §
Defendant. § HIDALGO COUNTY, TEXAS
PLAINTIFFS’ NOTICE OF INTENTION TO TAKE THE ORAL AND VIDEOTAPED
DEPOSITION OF DEFENDANT’S EXPERT ADELINO YUNG, P.E.
WITH SUBPOENA DUCES TECUM
TO: Defendant, NOE CARVAJAL, by and through his attorney of record:
Roberto Colegio
Martinez, Dieterich & Zarcone Legal Group
11900 N. 26th Street, Suite 200
Edinburg, Texas 78539
Please take notice that following the service of this Notice, the oral and videotaped
deposition of Defendant’s Expert, ADELINO YUNG, P.E. will be taken via ZOOM video
conference on the 19th day of February 2024 commencing at 11:00 a.m. and continuing from
day-to-day until completed.
Please take notice that said deposition will be recorded by videotape and shall be taken
non-stenographically. Please note that the attorney of record or any Notary Public for the State of
Texas will serve as the deposition officer. Said deposition will continue from day-to-day until
completed. It is our understating that the Deponent WILL NOT require an interpreter.
The witness is required to produce all the documents requested in Subpoena Duces Tecum
twenty (20) days prior to the taking of his deposition (see attached Exhibit “A”). Otherwise, said
deposition will be rescheduled for a later date once the responsive documents are received.
Notice of Intention to Take the Oral & Videotaped Deposition of Defendant’s Expert Adelino Yung, P.E.,
with Subpoena Duces Tecum Page 1 of 6
Electronically Submitted
2/6/2024 3:01 PM
Hidalgo County Clerk
Accepted by: Alejandra Lara
Respectfully submitted,
LAW OFFICE OF BOBBY GARCIA, P.C.
P.O. Box 5729
McAllen, Texas 78502
Telephone: (956) 668-7400
Facsimile: (956) 668-7500
Email: litigation@bobbygarcia.com
_______________________________
BOBBY GARCIA
Texas State Bar No. 07645210
New York SBN: 5387485
Federal Bar No.: 14531
Of Counsel
ARTURO “AJ” GARCIA
Texas State Bar No. 24102964
Federal Bar No.: 3622745
RICK A. ECKERSON
Texas State Bar No. 00793671
Federal Bar No. 19375
ATTORNEYS FOR PLAINTIFFS
Notice of Intention to Take the Oral & Videotaped Deposition of Defendant’s Expert Adelino Yung, P.E.,
with Subpoena Duces Tecum Page 2 of 6
Electronically Submitted
2/6/2024 3:01 PM
Hidalgo County Clerk
Accepted by: Alejandra Lara
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing document has been
forwarded to all counsel of record in this cause on the 6th day of February 2024, to-wit:
Via E-Service and Email
Roberto Colegio
Martinez, Dieterich & Zarcone Legal Group
11900 N. 26th Street, Suite 200
Edinburg, Texas 78539
Email: colegio@mdzlegalgroup.com
ATTORNEY FOR DEFENDANT
________________________
BOBBY GARCIA
Notice of Intention to Take the Oral & Videotaped Deposition of Defendant’s Expert Adelino Yung, P.E.,
with Subpoena Duces Tecum Page 3 of 6
Electronically Submitted
2/6/2024 3:01 PM
Hidalgo County Clerk
Accepted by: Alejandra Lara
SUBPOENA DUCES TECUM
PLEASE TAKE FURTHER NOTICE that pursuant to the Texas Rules of Civil Procedure,
ADELINO YUNG, P.E. shall produce all the documents required in Subpoena Duces Tecum
twenty (20) days prior to taking of his deposition (see attached Exhibit “A”).
DEFINITIONS
As used herein, “document” or “documents” shall specifically include the originals and
non-identical copies (whether by reason of marginal or other notes, markings, alterations,
modifications, changes or amendments) of any writing or tangible thing, including, but not limited
to, any writing, typewritten, handwritten, printed, transcribed, punched, taped, filmed, recorded,
computer produced or graphic material, however produced or reproduced, correspondence, notes,
statistics, letters, stenographic, or handwritten notes, telegraphs, telegrams, memoranda, contracts,
interoffice or intraoffice communications, offers, leases, agreements, transcriptions or records or
minutes of meetings or conferences, agendas of meetings or conferences, summaries or reports of
tests, inspections, examined or investigation, studies, analyses, evaluations, work papers and all
drafts, specification, guidelines, technical journal articles, operating manuals, safety manuals,
instructions manuals, papers or other publications, drawings, maps, plans, tales, graphs, charts,
bulletins, circulars, brochures, pamphlets, books prospectuses, computer printouts, teletypes,
telefax, invoices, graphic or manual records, photographs, notebooks records, desk calendars or
diaries, day books, business records, electronic mechanical or electric records, or representations
of any kind (including without limitations tapes, cassettes, disks, recording, microfiche, microfilm
videotapes, and motion pictures), books of account, ledgers, budgets, or any other papers and/or
tangible things purporting to be a document.
As used herein “incident” shall mean the incident which occurred on or about June 24,
2016.
Notice of Intention to Take the Oral & Videotaped Deposition of Defendant’s Expert Adelino Yung, P.E.,
with Subpoena Duces Tecum Page 4 of 6
Electronically Submitted
2/6/2024 3:01 PM
Hidalgo County Clerk
Accepted by: Alejandra Lara
EXHIBIT “A”
1. Any and all documents that demonstrate, reflect, relate to and/or substantiate a true and correct
copy of any and all of Plaintiffs’ medical and/or billing records given to Defendant’s Expert
ADELINO YUNG, P.E. regarding the incident that is the basis of this action whether oral or written.
2. Any and all documents that demonstrate, reflect, relate to and/or substantiate any and all
photographs, diagrams, or exhibits of the scene of the incident that is the basis of this action given to
Defendant’s Expert ADELINO YUNG, P.E..
3. Any and all documents that demonstrate, reflect, relate to and/or substantiate any and all
photographs, video tapes or motion pictures of the Plaintiff taken by the Defendant or its investigators
since the date of the incident made the basis of this suit but prior to the initiation of this litigation
given to Defendant’s Expert ADELINO YUNG, P.E..
4. Any and all documents of invoices from Defendant’s Expert ADELINO YUNG, P.E. that
reflect, and/or relate to any and all services provided to Defendant and/or its agents regarding the
incident that is the basis of this action.
5. Any and all documents that demonstrate, reflect, relate to and/or substantiate any statements
of any witnesses to the incident made the basis of this suit or anyone who has any knowledge of the
facts surrounding this incident that is in the possession of the defendant given to Defendant’s Expert
ADELINO YUNG, P.E..
6. Any and all documents that demonstrate, reflect, relate to and/or substantiate a copy of the
incident report or investigation prepared for or by the Defendant’s Expert ADELINO YUNG, P.E.
prior to the initiation of litigation or subsequent to litigation.
7. Any and all documents that demonstrate, reflect, relate to and/or substantiate a true and correct
copy of any and all documents, reports, memoranda, scratch pads, or any tangible item prepared by
Defendant’s Expert ADELINO YUNG, P.E., its agents, employees, or assigns, regarding the
incident and claim made the basis of this suit.
8. Any and all documents that demonstrate, reflect, relate to and/or substantiate a true and correct
copy of any and all documents, reports, or memoranda prepared by Defendant’s Expert ADELINO
YUNG, P.E. for the defendant.
9. Any and all documents that demonstrate, reflect, relate to and/or substantiate any previous
claims and/or lawsuits filed or threatened to be filed against the Defendant’s Expert ADELINO
YUNG, P.E.
Notice of Intention to Take the Oral & Videotaped Deposition of Defendant’s Expert Adelino Yung, P.E.,
with Subpoena Duces Tecum Page 5 of 6
Electronically Submitted
2/6/2024 3:01 PM
Hidalgo County Clerk
Accepted by: Alejandra Lara
10. Any and all documents, videotapes, drawings, files, graphs, charts and photographs of the
location and/or instrumentality of the incident given to Defendant’s Expert ADELINO YUNG,
P.E.
11. Any and all documents, videotapes and photographs of the accident, location, vehicles in
question, persons involved, exemplar vehicles, and Defendant, which may be offered into evidence
at the trial of this matter given to Defendant’s Expert ADELINO YUNG, P.E.
Notice of Intention to Take the Oral & Videotaped Deposition of Defendant’s Expert Adelino Yung, P.E.,
with Subpoena Duces Tecum Page 6 of 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.
Samantha Garcia on behalf of Roberto Rene Garcia
Bar No. 7645210
sgarcia@bobbygarcia.com
Envelope ID: 84207840
Filing Code Description: Notice
Filing Description: Plaintiffs' Notice of Intention to Take the Oral and
Videotaped Deposition of Defendant's Expert Adelino Yung, P.E. with
Subpoena Duces Tecum
Status as of 2/6/2024 3:39 PM CST
Associated Case Party: Yidalty Leos
Name BarNumber Email TimestampSubmitted Status
Bobby Garcia Litigation@bobbygarcia.com 2/6/2024 3:01:01 PM SENT
Associated Case Party: Noe Carvajal
Name BarNumber Email TimestampSubmitted Status
Roberto Colegio colegio@mdzlegalgroup.law 2/6/2024 3:01:01 PM SENT
Preview
Electronically Submitted 2/6/2024 3:01 PM Hidalgo County Clerk Accepted by: Alejandra Lara CAUSE NO. CL-18-2686-B YIDALTY LEOS, INDIVIDUALLY AND § IN THE COUNTY COURT OSWALDO GUZMAN, INDIVIDUALLY § Plaintiffs, § § § v. § AT LAW NO. 2 § § NOE CARVAJAL, § Defendant. § HIDALGO COUNTY, TEXAS PLAINTIFFS’ NOTICE OF INTENTION TO TAKE THE ORAL AND VIDEOTAPED DEPOSITION OF DEFENDANT’S EXPERT ADELINO YUNG, P.E. WITH SUBPOENA DUCES TECUM TO: Defendant, NOE CARVAJAL, by and through his attorney of record: Roberto Colegio Martinez, Dieterich & Zarcone Legal Group 11900 N. 26th Street, Suite 200 Edinburg, Texas 78539 Please take notice that following the service of this Notice, the oral and videotaped deposition of Defendant’s Expert, ADELINO YUNG, P.E. will be taken via ZOOM video conference on the 19th day of February 2024 commencing at 11:00 a.m. and continuing from day-to-day until completed. Please take notice that said deposition will be recorded by videotape and shall be taken non-stenographically. Please note that the attorney of record or any Notary Public for the State of Texas will serve as the deposition officer. Said deposition will continue from day-to-day until completed. It is our understating that the Deponent WILL NOT require an interpreter. The witness is required to produce all the documents requested in Subpoena Duces Tecum twenty (20) days prior to the taking of his deposition (see attached Exhibit “A”). Otherwise, said deposition will be rescheduled for a later date once the responsive documents are received. Notice of Intention to Take the Oral & Videotaped Deposition of Defendant’s Expert Adelino Yung, P.E., with Subpoena Duces Tecum Page 1 of 6 Electronically Submitted 2/6/2024 3:01 PM Hidalgo County Clerk Accepted by: Alejandra Lara Respectfully submitted, LAW OFFICE OF BOBBY GARCIA, P.C. P.O. Box 5729 McAllen, Texas 78502 Telephone: (956) 668-7400 Facsimile: (956) 668-7500 Email: litigation@bobbygarcia.com _______________________________ BOBBY GARCIA Texas State Bar No. 07645210 New York SBN: 5387485 Federal Bar No.: 14531 Of Counsel ARTURO “AJ” GARCIA Texas State Bar No. 24102964 Federal Bar No.: 3622745 RICK A. ECKERSON Texas State Bar No. 00793671 Federal Bar No. 19375 ATTORNEYS FOR PLAINTIFFS Notice of Intention to Take the Oral & Videotaped Deposition of Defendant’s Expert Adelino Yung, P.E., with Subpoena Duces Tecum Page 2 of 6 Electronically Submitted 2/6/2024 3:01 PM Hidalgo County Clerk Accepted by: Alejandra Lara CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing document has been forwarded to all counsel of record in this cause on the 6th day of February 2024, to-wit: Via E-Service and Email Roberto Colegio Martinez, Dieterich & Zarcone Legal Group 11900 N. 26th Street, Suite 200 Edinburg, Texas 78539 Email: colegio@mdzlegalgroup.com ATTORNEY FOR DEFENDANT ________________________ BOBBY GARCIA Notice of Intention to Take the Oral & Videotaped Deposition of Defendant’s Expert Adelino Yung, P.E., with Subpoena Duces Tecum Page 3 of 6 Electronically Submitted 2/6/2024 3:01 PM Hidalgo County Clerk Accepted by: Alejandra Lara SUBPOENA DUCES TECUM PLEASE TAKE FURTHER NOTICE that pursuant to the Texas Rules of Civil Procedure, ADELINO YUNG, P.E. shall produce all the documents required in Subpoena Duces Tecum twenty (20) days prior to taking of his deposition (see attached Exhibit “A”). DEFINITIONS As used herein, “document” or “documents” shall specifically include the originals and non-identical copies (whether by reason of marginal or other notes, markings, alterations, modifications, changes or amendments) of any writing or tangible thing, including, but not limited to, any writing, typewritten, handwritten, printed, transcribed, punched, taped, filmed, recorded, computer produced or graphic material, however produced or reproduced, correspondence, notes, statistics, letters, stenographic, or handwritten notes, telegraphs, telegrams, memoranda, contracts, interoffice or intraoffice communications, offers, leases, agreements, transcriptions or records or minutes of meetings or conferences, agendas of meetings or conferences, summaries or reports of tests, inspections, examined or investigation, studies, analyses, evaluations, work papers and all drafts, specification, guidelines, technical journal articles, operating manuals, safety manuals, instructions manuals, papers or other publications, drawings, maps, plans, tales, graphs, charts, bulletins, circulars, brochures, pamphlets, books prospectuses, computer printouts, teletypes, telefax, invoices, graphic or manual records, photographs, notebooks records, desk calendars or diaries, day books, business records, electronic mechanical or electric records, or representations of any kind (including without limitations tapes, cassettes, disks, recording, microfiche, microfilm videotapes, and motion pictures), books of account, ledgers, budgets, or any other papers and/or tangible things purporting to be a document. As used herein “incident” shall mean the incident which occurred on or about June 24, 2016. Notice of Intention to Take the Oral & Videotaped Deposition of Defendant’s Expert Adelino Yung, P.E., with Subpoena Duces Tecum Page 4 of 6 Electronically Submitted 2/6/2024 3:01 PM Hidalgo County Clerk Accepted by: Alejandra Lara EXHIBIT “A” 1. Any and all documents that demonstrate, reflect, relate to and/or substantiate a true and correct copy of any and all of Plaintiffs’ medical and/or billing records given to Defendant’s Expert ADELINO YUNG, P.E. regarding the incident that is the basis of this action whether oral or written. 2. Any and all documents that demonstrate, reflect, relate to and/or substantiate any and all photographs, diagrams, or exhibits of the scene of the incident that is the basis of this action given to Defendant’s Expert ADELINO YUNG, P.E.. 3. Any and all documents that demonstrate, reflect, relate to and/or substantiate any and all photographs, video tapes or motion pictures of the Plaintiff taken by the Defendant or its investigators since the date of the incident made the basis of this suit but prior to the initiation of this litigation given to Defendant’s Expert ADELINO YUNG, P.E.. 4. Any and all documents of invoices from Defendant’s Expert ADELINO YUNG, P.E. that reflect, and/or relate to any and all services provided to Defendant and/or its agents regarding the incident that is the basis of this action. 5. Any and all documents that demonstrate, reflect, relate to and/or substantiate any statements of any witnesses to the incident made the basis of this suit or anyone who has any knowledge of the facts surrounding this incident that is in the possession of the defendant given to Defendant’s Expert ADELINO YUNG, P.E.. 6. Any and all documents that demonstrate, reflect, relate to and/or substantiate a copy of the incident report or investigation prepared for or by the Defendant’s Expert ADELINO YUNG, P.E. prior to the initiation of litigation or subsequent to litigation. 7. Any and all documents that demonstrate, reflect, relate to and/or substantiate a true and correct copy of any and all documents, reports, memoranda, scratch pads, or any tangible item prepared by Defendant’s Expert ADELINO YUNG, P.E., its agents, employees, or assigns, regarding the incident and claim made the basis of this suit. 8. Any and all documents that demonstrate, reflect, relate to and/or substantiate a true and correct copy of any and all documents, reports, or memoranda prepared by Defendant’s Expert ADELINO YUNG, P.E. for the defendant. 9. Any and all documents that demonstrate, reflect, relate to and/or substantiate any previous claims and/or lawsuits filed or threatened to be filed against the Defendant’s Expert ADELINO YUNG, P.E. Notice of Intention to Take the Oral & Videotaped Deposition of Defendant’s Expert Adelino Yung, P.E., with Subpoena Duces Tecum Page 5 of 6 Electronically Submitted 2/6/2024 3:01 PM Hidalgo County Clerk Accepted by: Alejandra Lara 10. Any and all documents, videotapes, drawings, files, graphs, charts and photographs of the location and/or instrumentality of the incident given to Defendant’s Expert ADELINO YUNG, P.E. 11. Any and all documents, videotapes and photographs of the accident, location, vehicles in question, persons involved, exemplar vehicles, and Defendant, which may be offered into evidence at the trial of this matter given to Defendant’s Expert ADELINO YUNG, P.E. Notice of Intention to Take the Oral & Videotaped Deposition of Defendant’s Expert Adelino Yung, P.E., with Subpoena Duces Tecum Page 6 of 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. Samantha Garcia on behalf of Roberto Rene Garcia Bar No. 7645210 sgarcia@bobbygarcia.com Envelope ID: 84207840 Filing Code Description: Notice Filing Description: Plaintiffs' Notice of Intention to Take the Oral and Videotaped Deposition of Defendant's Expert Adelino Yung, P.E. with Subpoena Duces Tecum Status as of 2/6/2024 3:39 PM CST Associated Case Party: Yidalty Leos Name BarNumber Email TimestampSubmitted Status Bobby Garcia Litigation@bobbygarcia.com 2/6/2024 3:01:01 PM SENT Associated Case Party: Noe Carvajal Name BarNumber Email TimestampSubmitted Status Roberto Colegio colegio@mdzlegalgroup.law 2/6/2024 3:01:01 PM SENT