On July 29, 2022 a
Party Discovery
was filed
involving a dispute between
Ackin, Len,
Adjei, Ella,
Anderson, Preshas,
Belmorris, Joshua,
Berry, Ernest,
Boozer, Antwuan,
Bradix, Dorothy,
Brewer, Chautaugua,
Brown, Alvin,
Brown, Katrina,
Brown, Kenneth,
Brown, Lauren,
Bustillos, Orlando,
Carnell, Johnny,
Chester, Kjatha,
Cisse, Sekou,
Cisses, Sekou,
Crawford, September,
Crosley, Tyler,
Davis, Kimberly,
Diggs, Jake,
Duncan, Ronnie,
Elhadi, Jihad Abd,
Ferguson, Lily,
Fisher, Rudolph,
Fisher, Sheila,
Fonteno, Bobby, Ii,
Gaston, Lastesha,
Gates, Rondalus,
Green, Ashley,
Greene, Pamela,
Harris, Jaquan,
Harrison, Carol,
Harrison, Charles,
Harrison, Edward,
Harrison, Joyce M.,
Harrison, Latasha,
Harrison, Latoya,
Harrison, Sharon,
Henry, Donmonique,
Howard, Rafael,
Issah, Willie,
Jackson, Marcus,
Johnson, Robert,
Johnson, Trenton,
Jones, Brandon,
Jones, Cedric,
Jones, Cheryl,
Jones, Edward,
Jones, Toshi,
Jones, Valencia,
Kelley, Mildred,
Kelley, Raven,
Knight-Trigg, Tamara,
Lara, Ephraim,
Lard, Lazerick,
Lee, Jada,
Lee, Laquesha,
Lee, Mariah,
Lester, Ella,
Luckey, Angela,
Martinez, Jose,
Mccray, Cornelius,
Mcpherson, Aaron,
Mcqueen, Dominika,
Mims, Stacey,
Mitchell, Benjamin,
Montgomery, Jaqueisha,
Mosley, Phyllis,
Muoka, Margaret,
Nixon, Latoya,
Nzioka, Joseph,
Oldacre, Donald,
Oldacre, Glory,
Olivarez, Gloria,
Pena, Epifani,
Pipkins, Sherry,
Porter, Michelle,
Purifoy, Wakeisha,
Rodriguez, Amber,
Rodriguez, Jazun,
Ross, Edward,
Scott, Benjamin,
Scott, Hasani,
Shelby, Kenneth,
Smith, Jermaine,
Smith, Sabrina,
Stoker, Lester,
Swope, Janice,
Talley, Kelvin,
The Estate Of Cheryl Jones,
Tienda, Alexa,
Tittel, Michael,
Walker, Latasha,
Ware, Addonais,
Ware, Tara,
Ware, T'Ara,
Washington, Eartha,
Wells, Kristy,
West, Laquita,
White, Carolyn,
White, Darla,
Whitemon, Bobby,
Whitemon, Dorothy,
White, Quinton,
White, Sandra,
Williams, Calap, Iii,
Williams, Jackie, Jr,
Woodard, Vickie,
Young, Ariel,
Young, Pamela,
and
Brewer, Chautaugua,
Davis, Kimberly,
Mars Partners, Ltd,
Oncor Electric Delivery Company Llc,
Oncor Electric Delivery Company, Llc,
Poly-America Gp, Llc,
Poly America Inc,
Poly-America Inc,
Poly-America International Inc.,
Poly-America Lp,
for PROPERTY
in the District Court of Dallas County.
Preview
FILED
4/11/2024 8:40 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Treva Parker-Ayodele DEPUTY
CAUSE NO. DC-22-08610
LEN ACKLIN, ET AL., IN THE DISTRICT COURT OF
Plaintiffs
Vv.
DALLAS COUNTY, TEXAS
POLY-AMERICA INTERNATIONAL
INC., POLY-AMERICA, INC., POLY-
AMERICA GP, LLC, POLY-AMERICA
LP, ONCOR ELECTRIC DELIVERY
COMPANY, LLC, AND MARS 191ST JUDICIAL DISTRICT
PARTNERS, LTD,
Defendants
NONPARTY CYNTHIA CASTLEMAN, NP’S
MOTION TO QUASH SUBPOENAS FOR ORAL DEPOSITION AND
PRODUCTION OF DOCUMENTS
Nonparty Cynthia Castleman, NP (the “Medical Provider”), files this Motion To Quash
Defendants Poly-America International Inc., Poly-America GP, LLC, Poly-America LP, and Mars
Partners, Ltd.’s (“Poly”) subpoenas for depositions and production of documents.
On Wednesday, April 10, 2024 the Medical Provider was served with three (3) deposition
subpoenas to appear for depositions at 10:00 a.m. on each of April 16, 2024, April 22, 2024, and
April 23, 2024. See Exhibits 1, 2, and 3, attached hereto. That is, the Defendants in this matter
seek to take three (3) separate depositions of a single witness in the same case, even though this
witness had extremely limited involvement with any of the individuals involved in this lawsuit.
The noticed depositions are automatically stayed because: a) the Medical Provider objects
to the time and place of the depositions; b) the subpoenas do not permit an adequate time between
the date of service and the date of the depositions; c) the subpoenas were served without the
statutory witness fees; d) the Defendants unilaterally served the subpoenas and failed to pay any
teasonable, customary fee typically paid to non-retained treating, medical professional to sit for a
deposition; and, e) because this motion is filed within three business days of service of the
subpoenas. Tex. R. Civ. P. 199.4.
BRIEF
This is an action arising out of personal injuries and property damage sustained by
Plaintiffs as the result of a fire at the manufacturing and storage facility owned and operated by
the Poly Defendants.
Cynthia Castleman, NP is a medical provider in Houston, Texas, who may have provided
limited medical treatment to the Plaintiffs in this action.
As served, the subpoenas also include numerous document requests. More generally, the
Defendants’ requests are extraordinarily broad, encompassing materials that have nothing to do
with this lawsuit.
Notwithstanding the overarching objections to the relevance and breadth of the
Defendants’ notice, the Medical Provider objects to the time and place of the noticed deposition
out of an abundance of caution.
PRAYER
For these reasons, the Medical Provider requests that the Court quash and/or stay the
subpoenas attached hereto until the parties can determine the appropriate date and time, if any, for
the depositions sought by the Defendants.
Respectfully submitted,
THE WYNNE FIRM, P.C.
/s/ Bob Wynne
Bob Wynne
Texas Bar No. 24060861
24 Greenway Plaza, Suite 500
Houston, Texas 77046
Tel: 281-813-8959
ervice@justwynnelaw.com
Attorney for Nonparty
Cynthia Castleman, NP
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document has been served
on all counsel of record pursuant to the Texas Rules of Civil Procedure on April 11, 2024:
/s/ Bob Wynne
Bob Wynne
aaeeee SaSSeESEeSeEaSEOESUESCCES OES CEECESECCESSOSSOSOCOOSSCOCOOSSCOSCCOSOOESOIESS
. THIS PROCESS NOT PREPARED ESERVE
4-10-24
- BY THE DALLAS COUNTY EXHIBIT
DISTRICT CLERK'S OFFICE DALLAS COUNTY CONSTABLE
1 FEES EES NO
PAID.
CAUSE NO. DC-22-086 i
LEN ACKLIN, Individually, et al., IN THE DISTRICT COURT
Plaintiffs,
vs.
191% JUDICIAL DISTRICT’
POLY-AMERICA INTERNATIONAL INC.,
POLY-AMERICA, INC., POLY-AMERICA
GP, LLC, POLY-AMERICA LP, ONCOR
ELECTRIC DELIVERY COMPANY, LLC;
AND MARS PARTNERS, LTD,
DALLAS COUNTY, TEXAS
Defendants.
SUBPOENA
TO: Cynthia Castleman, NP
ISSUED IN THE NAME OF THE STATE OF TEXAS
YOU ARE COMMANDED to appear before a Certified Shorthand Reporter, Notary
Public, or other officer duly authorized to administer oaths, at the offices of Advanced Surgeons
& Physicians Network located at 4200 Twelve Oaks Drive, Houston, Texas 77027 on April 16,
2024 at 10:00 am. as stated in Poly-America International Inc, Poly-America GP, LLC, Poly-
America LP, And Mars Partners LTD’s Notice of Intention to Take Oral Deposition of Cynthia
Castleman and Subpoena Duces Tecum (the “Notice”), to give oral deposition as a witness in the
above-styled civil action and to attend from day to day until lawfully discharged, and to produce
responsive documents as requested herein.
HEREIN FAIL NOT, but of this writ make due return showing how you have executed
same.
Rule 176.8(a) states: Contempt. Failure by any person without adequate excuse to ol
a subpoena served upon that person may be deemed a contempt of the court from which the
subpoena is issued or a district court in the county in which the subpoena is served, and may be
punished by fine or confinement, or both.
ISSUED ON the Hh day of Apes | 2024 i L
5
Dep uv
IOI pie Boar
«Ci =D,
SUBPOENA - PAGE t
YS,
Ne.
Hu) =8
28 FELICIA PITRE
IX
SoH DISTRICT CLERK
i 600 COMMERCE STREET
re S
DALLAS, TEXAS eee
Cae
|
eSEESSESSEUESUESCESSSSSSUSSCOECESOSSOSSCSSCOSSSOOSES EEE I EEE EES
Respectfully submitted,
DEHAY &ELLISTON, L.L.P.
3500 Bank of America Plaza
901 Main Street
Dallas, TX 75202-3736
Telephone: (214) 210-2400
Fax: (214) 210-2500
By: 4s/ Pamela J. Williams
GARY D. ELLISTON
Texas State Bar No. 06584700
PAMELA J. WILLIAMS
Texas State Bar No. 00791936
gelliston@dehay.com
pwilliams@dehay.co
DEService@dehay.com
ATTORNEYS FOR DEFENDANT
POLY-AMERICA INTERNATIONAL
INC., POLY-AMERICA GP, LLC., POLY-
AMERICA LP, and MARS PARTNERS,
LTD
CERTIFICATE OF SERVICE
Thereby certify that a true and correct copy of the above and foregoing document has been
forwarded to all known counsel of record via certified mail, return receipt requested, and/or via
first class mail, and/or via facsimile, and/or via hand delivery, and/or via e-file on this 28" day of
March 2024.
/s/ Pamela J. Williams
PAMELA J. WILLIAMS
SUBPOENA - PAGE 2
EXHIBIT A
DEFINITIONS
“Plaintiffs” means Latasha Harrison, Chautaqua Brewer, and Stacey Mims and all agents,
servants, employees, representatives, and other persons acting on their behalf.
“Defendant” means Poly-America International Inc, Poly-America GP, LLC, Poly-
America LP, and MARS Partners Ltd., and all agents, servants, employees, representatives,
and other persons acting on his behalf.
The terms “yor and “your” mean Cynthia Castleman, NP and all agents, servants,
employees, representatives, and other persons acting on her behalf.
“Communication” means any oral or written means of communication, including, but not
limited to, face-to-face conversation, conversation by telephone, email, text, or other means
of communication, including by documents, as defined herein.
5. “Document” means any written material, whether typed, handwritten, printed or otherwise,
or any photographic, photostatic, microfilm or other reproduction thereof; any data stored
electronically and capable of being retrieved by computer or word processor and printed
therefrom; and any recording (film, tape, videotape or other mechanical or electronic
information). It includes, but is not limited to, notes, memoranda, letters, emails, telegrams,
Circulars, releases, articles, reports, analysis, charts, account books, drafts, summaries,
diaries, transcripts, agreements, contracts, deposit slips, checks, bank statements, receipts,
stock certificates and/or statements.
DOCUMENTS TO PRODUCE
Your entire medical and billing file pertaining to Latasha Harrison, Chautauqua Brewer,
and Stacey Mims including, but not limited to, all handwritten notes, records, reports, and
all radiographic images, including x-rays, films, CT scans, and MRIs.
All documents reviewed by you in preparation for your evaluation or treatment of Latasha
Harrison, Chautauqua Brewer, and Stacey Mims and/or in preparation for your deposition.
Your current curriculum vitae.
All communications or agreements with Plaintiffs’ counsel or their staff, pertaining to
mentioning, or referencing Latasha Harrison, Chautauqua Brewer, and Stacey Mims, or
other individuals regarding Plaintiff or Plaintiff's lawsuit.
All communications or agreements with Latasha Harrison, Chautauqua Brewer, or Stacey
Mims pertaining to financial arrangements and/or payment for medical services rendered
by you to Plaintiffs.
SUBPOENA ~ PAGE 3
EES
All documents regarding financial benefits received by you for your Services regarding
Latasha Harrison, Chautanqua Brewer, and Stacey Mims, Plaintiffs’ counsel, Plaintiffs’
lawsuit, or testimony in Plaintiffs’ lawsuit.
A list of all publications you authored or contributed to, if not included in your curriculum
vitae.
All documents evidencing the number, styles, and jurisdictions of the cases in which you
have testified or rendered expert opinions.
A list of all depositions and trial testimony given by you.
10. Any and all writings authored by you that reflect any presentations given pertaining to the
subject matter of this lawsuit.
ll Any and all materials, writings, information, or other materials you have read, reviewed,
and/or used in any manner before this deposition pertaining to this lawsuit, including, but
not limited to, medical records, notes, memorandums, medical articles, depositions,
reports, affidavits, or treatises and any other matter involved in this lawsuit.
12. Copies of all authorities, including published literature in abstract and full form, you
reviewed or relied upon in connection with the medical care or treatment of Latasha
Harrison, Chautauqua Brewer, and Stacey Mims.
13 Any and all affidavits, affirmations, written statements (sworn or otherwise) signed or
executed by you relating to any civil or administrative proceeding related to the medical
care or treatment of Latasha Harrison, Chautauqua Brewer, and Stacey Mims.
14. All video, audio, or digital recordings of Plaintiffs.
SUBPOENA - PAGE 4
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.
LaKesha Burrus on behalf of Pamela Williams
Bar No. 791936
iburrus@dehay.com
Envelope ID: 86064788
Filing Code Description: Request
Filing Description: SIGN/SEAL SUB-CYNTHIA CASTLEMAN NP
Status as of 4/2/2024 3:09 PM csT
Case Contacts
Name BarNumber | Email TimestampSubmitted Status
John CStewart john.stewart@oncor.com 3/28/2024 11:25:47 AM SENT
Angie Ranton angela.ranton@oncor.com 3/28/2024 11:25:47 AM SENT
Pamela J.Williams pwilliams@dehay.com 3/28/2024 11:25:47 AM SENT
Cris Page cpage@dehay.com 3/28/2024 11:25:47 AM SENT
Diane Hallmark diane.hallmark@oncor.com 3/28/2024 11:25:47 AM SENT
Christine Harvey charvey@dehay.com 3/28/2024 11:25:47 AM SENT
Adam Bell AdamB@poly-america.com 3/28/2024 11:25:47 AM SENT
Madison Pyle mpyle@dehay.com 3/28/2024 11:25:47 AM SENT
Sherri Robinson sherti.robinsoncsr@gmail.com 3/28/2024 11:25:47 AM SENT
Ruark Mershon RuarkM@poly-america.com 3/28/2024 11:25:47 AM SENT
Alexis Quezada alexisq@poly-america.com 3/28/2024 11:25:47 AM SENT
Lance Travis LTravis@cobbmartinez.com 3/28/2024 11:25:47 AM SENT
Anacorina Andrade aandrade@cobbmartinez.com 3/28/2024 11:25:47 AM SENT
Landon Dutra Idutra@cobbmartinez.com 3/28/2024 11:25:47 AM SENT
Gary DEtliston gelliston@dehay.com 3/28/2024 11:25:47 AM SENT
Associated Case Party: LEN ACKIN
Name BarNumber | Email TimestampSubmitted Status
Jennifer Kinder 787837 jkinder@justcallkinder.net 3/28/2024 11:25:47 AM SENT
ROCIO CASTRO RCASTRO@JUSTCALLKINDER.NET } 3/28/2024 11:25:47 AM SENT
FRED NESSLER fwn@nesslerlaw.com 3/28/2024 11:25:47 AM SENT
Griffin McMillin gmemiliin@justcalikinder.net 3/28/2024 11:25:47 AM SENT
!
7
|}
|
Automated Certificate of eService 1
This automated certificate of service was created by the efiling s ystem.
The filer served this document via email generated by the efiling system
on the date and fo the persons listed below. The rules goveming
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
LaKesha Burrus on behalf of Pamela Williams
Bar No. 791936
Iburrus@dehay.com
Envelope ID: 86064788
Filing Code Description: Request
Filing Description: SIGN/SEAL SUB-CYNTHIA CASTLEMAN NP
Status as of 4/2/2024 3:09 PM CST
Associated Case Party: LEN ACKIN
Griffin McMillin gmemillin@justcallkinder.net 3/28/2024 11:25:47 AM | SENT
Damian Sullivent dsullivent@nesslerlaw.com 3/28/2024 11:25:47 AM | SENT
Associated Case Party: POLY-AMERICA LP
Name BarNumber | Email TimestampSubmitted | Status
Christine Harvey deservice@dehay.com 3/28/2024 11:25:47 AM | SENT
THIS PROCESS NOY PREPARED ESER V E 40.-
0-24
BY THE DALLAS COUNTY EXHIBIT DALLAS Vow GY:
DISTRICT CLERK'S OFFICE
2 FEES. NO
PAID PAD
CAUSE NO. DC-22-08610
LEN ACKLIN, Individually, et al., IN THE DISTRICT COURT
Plaintiffs,
vs.
191* JUDICIAL DISTRICT
POLY-AMERICA INTERNATIONAL INC.,
POLY-AMERICA, INC., POLY-AMERICA
GP, LLC, POLY-AMERICA LP, ONCOR
ELECTRIC DELIVERY COMPANY, LLC;
AND MARS PARTNERS, LTD,
DALLAS COUNTY, TEXAS
Defendants.
SUBPOENA
TO: Cynthia Castleman, NP
ISSUED IN THE NAME OF THE STATE OF TEXAS
YOU ARE COMMANDED to appear before a Certified Shorthand Reporter, Notary
Public, or other officer duly authorized to administer oaths, at the offices of Advanced Surgeons
& Physicians Network located at 4200 Twelve Oaks Drive, Houston, Texas 77027 on April 22,
2024 at 10:00 a.m. CDT as stated in Poly-America International Inc, Poly-America GP, LLC,
Poly-America LP, And Mars Partners LTD's Notice of Intention to Take Oral Deposition of
Cynthia Castleman and Subpoena Duces Tecum (the “Notice”), to give oral deposition as a witness
in the above-styled civil action and to attend from day to day until lawfully discharged, and to
produce responsive documents as requested herein.
HEREIN FAIL NOT, but of this writ make due return showing how you have executed
same,
Rule 176.8(a) states: Contempt. Failure by any person without adequate excuse to obey
a subpoena served upon that person may be deemeda contempt of the court from which the
subpoena is issued or a district court in the county in which the subpoena is served, and may be
punished by fine or confinement, or both.
ISSUED ON the YIh, day of Aari'/ me
cd 4 Lett — Dp
ras
ep
gp go
OF DA;
Loe FELICIA
DISTRICT CLERK
PITRE
2k
Suri iS. 600 COMMERCE STREET
DONA
SUBPOENA — PAGE 1 Ye oN PALLAS, TEXAS 75202-4606
SPf
B. as
Rea
Respectfully submitted, 1
'
DEHAY &ELLISTON, Lue.
3500 Bank of America Plaza
901 Main Street
Dallas, TX 75202-3736
Telephone: (214) 210-2400
Fax: (214) 210-2500
By: /s/ Pamela J. Williams
GARY D. ELLISTON
Texas State Bar No. 06584700
PAMELA J. WILLIAMS
Texas State Bar No. 00791936
gelliston@dehay.com
pwilliams@dehay.com
DEService@dehay.com
ATTORNEYS FOR DEFENDANT
POLY-AMERICA INTERNATIONAL
INC., POLY-AMERICA GP, LLC., POLY-
AMERICA LP, and MARS PARTNERS,
LTD
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing document has been
forwarded to all known counsel of record via certified mail, return receipt requested, and/or via
first class mail, and/or via facsimile, and/or via hand delivery, and/or via e-file on this 28 day of
March, 2024.
4s/ Pamela J. Williams
PAMELA J. WILLIAMS
SUBPOENA - PAGE 2
EXHIBIT A
DEFINITIONS
“Plaintit means Latoya Harrison, Robert Johnson, and Ephraim Lara and all agents,
servants, employees, representatives, and other persons acting on their behalf.
“Defendant” means Poly-America International Inc, Poly-America GP, LLC, Poly-
America LP, and MARS Partners Ltd., and all agents, servants, employees, representatives,
and other persons acting on his behalf.
The terms “you” and “your” mean Cynthia Castleman, NP and all agents, servants,
employees, representatives, and other persons acting on her behalf.
“Communication” means any oral or written means of communication, including, but not
limited to, face-to-face conversation, conversation by telephone, email, text, or other means
of communication, including by documents, as defined herein.
“Document” means any written material, whether typed, handwritten, printed or otherwise,
or any photographic, photostatic, microfilm or other reproduction thereof; any data stored
electronically and capable of being retrieved by computer or word processor and printed
therefrom; and any recording (film, tape, videotape or other mechanical or electronic
information). It includes, but is not limited to, notes, memoranda, letters, emails, telegrams,
circulars, releases, articles, reports, analysis, charts, account books, drafts, summaries,
diaries, transcripts, agreements, contracts, deposit slips, checks, bank statements, receipts,
stock certificates and/or statements.
DOCUMENTS TO PRODUCE
Your entire medical and billing file pertaining to Latoya Harrison, Robert Johnson, and
Ephraim Lara including, but not limited to, all handwritten notes, records, reports, and all
tadiographic images, including x-rays, films, CT scans, and MRIs.
All documents reviewed by you in preparation for your evaluation or treatment of Latasha
Harrison, Chautauqua Brewer, and Stacey Mims and/or in preparation for your deposition.
‘Your current curriculum vitae.
All communications or agreements with Plaintiffs’ counsel or their staff, pertaining to
mentioning, or referencing Latoya Harrison, Robert Johnson, and Ephraim Lara, or other
individuals regarding Plaintiff or Plaintiff's lawsuit.
All communications or agreements with Latoya Harrison, Robert Johnson, and Ephraim
Lara pertaining to financial arrangements and/or payment for medical services rendered by
you to Plaintiffs.
SUBPOENA — PAGE 3
i
1
All documents regarding financial benefits received by you for your ervices regarding
Latoya Harrison, Robert Johnson, and Ephraim Lara, Plaintiffs’ counsel, Plaintiffs’
lawsuit, or testimony in Plaintiffs’ lawsuit.
A list ofall publications you authored or contributed to, if not included in your curriculum
vitae.
All documents evidencing the number, styles, and jurisdictions of the cases in which you
have testified or rendered expert opinions.
9. A list of all depositions and trial testimony given by you.
10. Any and all writings authored by you that reflect any presentations given pertaining to the
subject matter of this lawsuit.
i Any and all materials, writings, information, or other materials you have read, reviewed,
and/or used in any manner before this deposition pertaining to this lawsuit, including, but
not limited to, medical records, notes, memorandums, medical articles, depositions,
reports, affidavits, or treatises and any other matter involved in this lawsuit.
12 Copies of all authorities, including published literature in abstract and full form, you
reviewed or relied upon in connection with the medical care or treatment of Latoya
Harrison, Robert Johnson, and Ephraim Lara.
13. Any and all affidavits, affirmations, written statements (swom or otherwise) signed or
executed by you relating to any civil or administrative proceeding related to the medical
care or treatment of Latoya Harrison, Robert Johnson, and Ephraim Lara.
14. All video, audio, or digital recordings of Plaintiffs.
SUBPOENA ~ PAGE 4
:
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.
LaKesha Burrus on behalf of Pamela Williams
Bar No. 791936
lburrus@dehay.com
Envelope ID: 86076169
Filing Code Description: Request
Filing Description: SIGN/SEAL SUB CYNTHIA CASTLEMAN NP ©
Status as of 4/2/2024 3:19 PM CST
Case Contacts
Name SarNumber | Email TimestampSubmitted Status
John CStewart john.stewart@oncor.com 3/28/2024 2:02:57 PM SENT
Angie Ranton angela ranton@oncor.com 3/28/2024 2:02:57 PM SENT
Pamela J.Williams pwiliams@dehay.com 3/28/2024 2:02:57 PM SENT
Cris Page cpage@dehay.com. 3/28/2024 2:02:57 PM SENT
Diane Hallmark diane.halimark@oncor.com 3/28/2024 2:02:57 PM SENT
Christine Harvey charvey@dehay.com 3/28/2024 2:02:57 PM SENT
Adam Bell AdamB@poly-america.com 3/28/2024 2:02:57 PM SENT
Madison Pyle mpyle@dehay.com 3/28/2024 2:02:57 PM SENT
Sherri Robinson sherri.robinsoncsr@gmail.com 3/28/2024 2:02:57 PM SENT
Ruark Mershon RuarkM@poly-america.com 3/28/2024 2:02:57 PM SENT
Alexis Quezada alexisq@poly-america.com 3/28/2024 2:02:57 PM SENT
Lance Travis LTravis@cobbmartinez.com 3/28/2024 2:02:57 PM SENT
Anacorina Andrade aandrade@cobbmartinez.com 3/28/2024 2:02:57 PM SENT
Landon Dutra Idutra@cobbmartinez:com 3/28/2024 2:02:57 PM SENT
Gary DElliston gelliston@dehay.com 3/28/2024 2:02:57 PM SENT
!
Associated Case Party: LEN ACKIN
i
Name BarNumber Email TimestampSubmitted Status
Jennifer Kinder 787837 jkinder@justcallkinder.net 3/28/2024 2:02:57 PM SENT
ROCIO CASTRO RCASTRO@JUSTCALLKINDER.NET 3/28/2024 2:02:57 PM SENT
FRED NESSLER fwn@nessierlaw.com 3/28/2024 2:02:57 PM SENT
Griffin McMillin gmemillin@justcallkinder.net 3/28/2024 2:02:57 PM SENT
Y
|
q
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.
LaKesha Burrus on behalf of Pamela Williams
Bar No. 791936 .
lburrus@dehay.com
Envelope ID: 86076169
Filing Code Description: Request
Filing Description: SIGN/SEAL SUB CYNTHIA CASTLEMAN NP
Status as of 4/2/2024 3:19 PM CST
Associated Case Party: LEN ACKIN
Griffin McMillin gmemillin@justcailkinder.net 3/28/2024 2:02:57 PM | SENT
Damian Sullivent dsullivent@nesslerlaw.com 3/28/2024 2:02:57 PM | SENT
Associated Case Party: POLY-AMERICA LP
Name BarNumber | Email TimestampSubmitted Status
Christine Harvey deservice@dehay.com | 3/28/2024 2:02:57 PM | SENT
nn
ESERVE
y
THS NOTPREPARED I
BY THE DALLAS COUNTY
DISTRICT CLERK'S OFFICE EXHIBIT DALLAS COUNTY B]
3 NO’
CAUSE NO. DC-22-08610
LEN ACKLIN, Individually, et al IN THE DISTRICT COURT
Plaintiffs,
VS.
191* JUDICIAL DISTRICT
POLY-AMERICA INTERNATIONAL INC.
POLY-AMERICA, INC., POLY-AMERICA.
GP, LLC, POLY-AMERICALP, ONCOR
ELECTRIC DELIVERY COMPANY, LLC;
AND MARS PARTNERS, LTD,
DALLAS COUNTY, TEXAS
Defendants.
SUBPOENA
TO: Cynthia Castleman, NP
ISSUED IN THE NAME OF THE STATE OF TEXAS
YOU ARE COMMANDED to appear before a Certified Shorthand Reporter, Notary
Public, or other officer duly authorized to administer oaths, at the offices of Advanced Surgeons
& Physicians Network located at 4200 Twelve Oaks Drive, Houston, Texas 77027 on April 23,
2024 at 10:00 am. CDT as stated in Poly-America International Inc, Poly-America GP, LLC,
Poly-America LP, And Mars Partners LTD:'s Notice of Intention to Take Oral Deposition of
Cynthia Castleman and Subpoena Duces Tecum (the “Notice”), give oral deposition as a witness
in the above-styled civil action and to attend from day to day until lawfully discharged, and to
produce responsive documents as requested herein.
HEREIN FAIL NOT, but of this writ make due return showing how you have executed
same.
Rule 176.8(a) states: Contempt. Failure by any person without adequate excuse to obey
a subpoena served upon that person may be deemed a contempt of the court from which the
subpoena is issued or a district court in the county in which the subpoena is served, and may be
punished by fine or confinement, or both.
ISSUED ON the Hy, day of. Ap 2024 Dept
ope Reo.
bs
po a,
Fn OF
oO. 18 FELICIA PITRE
1S DISTRICT CLERK
SUBPOENA - PAGE 1 AS
RE,
no, 600 COMMERCE STREET
| DALLAS, TEXAS 75202-4606
Th
ee.
|
Respectfully submitted, i
DEHAY &ELLISTON, ULP.
3500 Bank of America Plaza
901 Main Street
Dallas, TX 75202-3736
Telephone: (214) 210-2400
Fax: (214) 210-2500
By: 4s/Pamela J. Williams
GARY D. ELLISTON
Texas State Bar No. 06584700
PAMELA J. WILLIAMS
Texas State Bar No. 00791936
gelliston@dehay.com
pwilliams@dehay.com
DEService@dehay.com
ATTORNEYS FOR DEFENDANT
POLY-AMERICA INTERNATIONAL
INC., POLY-AMERICA GP, LLC., POLY-
AMERICA LP, and MARS PARTNERS,
LTD
CERTIFICATE OF SERVICE
[hereby certify that a true and correct copy of the above and foregoing document has been
forwarded to all known counsel of record via certified mail, return receipt requested, and/or via
first class mail, and/or via facsimile, and/or via hand delivery, and/or via e-file on this 28" day of
March 2024.
/s/ Pamela J. Williams
PAMELA J. WOLLIAMS
SUBPOENA - PAGE 2
EXHIBIT A
DEFINITIONS
“Plaintiffs” means Amber Rodriguez, Angela Luckey-Vaughn, and Johnny Carell and all
agents, servants, employees, representatives, and other persons acting on their behalf.
“Defendant” means Poly-America Intemational Inc, Poly-America GP, LLC, Poly-
America LP, and MARS Partners Ltd., and all agents, servants, employees, representatives,
and other persons acting on his behalf.
The terms “you” and “your” mean Cynthia Castleman, NP and all agents, servants,
employees, representatives, and other persons acting on her behalf.
“Communicatio: means any oral or written means of communication, including, but not
limited to, face-to-face conversation, conversation by telephone, email, text, or other means
of communication, including by documents, as defined herein.
“Document” means any written material, whether typed, handwritten, printed or otherwise,
or any photographic, photostatic, microfilm or other reproduction thereof; any data stored
electronically and capable of being retrieved by computer or word processor and printed
therefrom; and any recording (film, tape, videotape or other mechanical or electronic
information). It includes, but is not limited to, notes, memoranda, letters, emails, telegrams,
circulars, releases, articles, reports, analysis, charts, account books, drafts, summaries,
diaries, transcripts, agreements, contracts, deposit slips, checks, bank statements, receipts,
stock certificates and/or statements.
DOCUMENTS TO PRODUCE
Your entire medical and billing file pertaining to Amber Rodriguez, Angela Luckey-
Vaughn, and Johnny Carnell including, but not limited to, all handwritten notes, records,
reports, and all radiographic images, including x-rays, films, CT scans, and MRIs.
2. i All documents reviewed by you in preparation for your evaluation or treatment of Amber
Rodriguez, Angela Luckey-Vaughn, and Johnny Carnell and/or in preparation for your
deposition.
Your current curriculum vitae.
All communications or agreements with Plaintiffs’ counsel or their staff, pertaining to
mentioning, or referencing Amber Rodriguez, Angela Luckey-Vaughn, and Johnny
Carell, or other individuals regarding Plaintiff or Plaintiff's lawsuit.
AJl communications or agreements with Amber Rodriguez, Angela Luckey-Vaughn, and
Johnny Carell pertaining to financial arrangements and/or payment for medical services
rendered by you to Plaintiffs.
SUBPOENA - PAGE3
ee
Ali documents regarding financial benefits received by you for your services regarding
Amber Rodriguez, Angela Luckey-Vaughn, and Johnny Camell, Plaintiffs’ counsel,
Plaintiffs’ lawsuit, or testimony in Plaintiffs’ lawsuit.
A list ofall publications you authored or contributed to, ifnot included in your comeee
vitae.
All documents evidencing the number, styles, and jurisdictions of the cases in which you
have testified or rendered expert opinions.
A list of all depositions and trial testimony given by you.
10. Any and all writings authored by you that reflect any presentations given pertaining to the
subject matter of this lawsuit.
VW Any and all materials, writings, information, or other materials you have read, reviewed,
and/or used in any manner before this deposition pertaining to this lawsuit, including, but
not limited to, medical records, notes, memorandums, medical articles, depositions,
reports, affidavits, or treatises and any other matter involved in this lawsuit.
12. Copies of all authorities, including published literature in abstract and full form, you
reviewed or relied upon in connection with the medical care or treatment of Amber
Rodriguez, Angela Luckey-Vaughn, and Johnny Carnell.
13 Any and all affidavits, affirmations, written statements (swom or otherwise) signed or
executed by you relating to any civil or administrative proceeding related to the medical
care or treatment of Amber Rodriguez, Angela Luckey-Vaughn, and Jobnny Carnell.
14. All video, audio, or digital a of Plaintiffs.
SUBPOENA - PAGE 4
Automated Certificate of eService :i
This automated certificate of service was created by the efiling system.
The filer served this document via email generated b y 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.
LaKesha Burrus on behalf of Pamela Williams
Bar No. 791936
Iburrus@dehay.com
Envelope ID: 86070830
Filing Code Description: Request
Filing Description: SIGN/SEAL SUB-CYNTHIA CASTLEMAN NP
Status as of 4/2/2024 3:13 PM CST 4
Case Contacts
Name BarNumber } Email TimestampSubmitted Status
John CStewart john.stewart@oncor.com 3/28/2024 12:50:06 PM SENT
Angie Ranton angela.ranton@oncor.com 3/28/2024 12:50:06 PM SENT
Pamela J.Williams pwilliams@dehay.com 3/28/2024 12:50:06 PM SENT
Cris Page cpage@dehay.com 3/28/2024 12:50:06 PM SENT
Diane Hallmark diane.hallmark@oncor.com 3/28/2024 12:50:06 PM SENT
Christine Harvey charvey@dehay.com 3/28/2024 12:50:06 PM SENT
Adam Bell AdamB@poly-america.com 3/28/2024 12:50:06 PM SENT
Madison Pyle mpyle@dehay.com 3/28/2024 12:50:06 PM SENT
Sherri Robinson sherri.robinsoncsr@gmail.co
Preview
FILED 4/11/2024 8:40 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Treva Parker-Ayodele DEPUTY CAUSE NO. DC-22-08610 LEN ACKLIN, ET AL., IN THE DISTRICT COURT OF Plaintiffs Vv. DALLAS COUNTY, TEXAS POLY-AMERICA INTERNATIONAL INC., POLY-AMERICA, INC., POLY- AMERICA GP, LLC, POLY-AMERICA LP, ONCOR ELECTRIC DELIVERY COMPANY, LLC, AND MARS 191ST JUDICIAL DISTRICT PARTNERS, LTD, Defendants NONPARTY CYNTHIA CASTLEMAN, NP’S MOTION TO QUASH SUBPOENAS FOR ORAL DEPOSITION AND PRODUCTION OF DOCUMENTS Nonparty Cynthia Castleman, NP (the “Medical Provider”), files this Motion To Quash Defendants Poly-America International Inc., Poly-America GP, LLC, Poly-America LP, and Mars Partners, Ltd.’s (“Poly”) subpoenas for depositions and production of documents. On Wednesday, April 10, 2024 the Medical Provider was served with three (3) deposition subpoenas to appear for depositions at 10:00 a.m. on each of April 16, 2024, April 22, 2024, and April 23, 2024. See Exhibits 1, 2, and 3, attached hereto. That is, the Defendants in this matter seek to take three (3) separate depositions of a single witness in the same case, even though this witness had extremely limited involvement with any of the individuals involved in this lawsuit. The noticed depositions are automatically stayed because: a) the Medical Provider objects to the time and place of the depositions; b) the subpoenas do not permit an adequate time between the date of service and the date of the depositions; c) the subpoenas were served without the statutory witness fees; d) the Defendants unilaterally served the subpoenas and failed to pay any teasonable, customary fee typically paid to non-retained treating, medical professional to sit for a deposition; and, e) because this motion is filed within three business days of service of the subpoenas. Tex. R. Civ. P. 199.4. BRIEF This is an action arising out of personal injuries and property damage sustained by Plaintiffs as the result of a fire at the manufacturing and storage facility owned and operated by the Poly Defendants. Cynthia Castleman, NP is a medical provider in Houston, Texas, who may have provided limited medical treatment to the Plaintiffs in this action. As served, the subpoenas also include numerous document requests. More generally, the Defendants’ requests are extraordinarily broad, encompassing materials that have nothing to do with this lawsuit. Notwithstanding the overarching objections to the relevance and breadth of the Defendants’ notice, the Medical Provider objects to the time and place of the noticed deposition out of an abundance of caution. PRAYER For these reasons, the Medical Provider requests that the Court quash and/or stay the subpoenas attached hereto until the parties can determine the appropriate date and time, if any, for the depositions sought by the Defendants. Respectfully submitted, THE WYNNE FIRM, P.C. /s/ Bob Wynne Bob Wynne Texas Bar No. 24060861 24 Greenway Plaza, Suite 500 Houston, Texas 77046 Tel: 281-813-8959 ervice@justwynnelaw.com Attorney for Nonparty Cynthia Castleman, NP CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document has been served on all counsel of record pursuant to the Texas Rules of Civil Procedure on April 11, 2024: /s/ Bob Wynne Bob Wynne aaeeee SaSSeESEeSeEaSEOESUESCCES OES CEECESECCESSOSSOSOCOOSSCOCOOSSCOSCCOSOOESOIESS . THIS PROCESS NOT PREPARED ESERVE 4-10-24 - BY THE DALLAS COUNTY EXHIBIT DISTRICT CLERK'S OFFICE DALLAS COUNTY CONSTABLE 1 FEES EES NO PAID. CAUSE NO. DC-22-086 i LEN ACKLIN, Individually, et al., IN THE DISTRICT COURT Plaintiffs, vs. 191% JUDICIAL DISTRICT’ POLY-AMERICA INTERNATIONAL INC., POLY-AMERICA, INC., POLY-AMERICA GP, LLC, POLY-AMERICA LP, ONCOR ELECTRIC DELIVERY COMPANY, LLC; AND MARS PARTNERS, LTD, DALLAS COUNTY, TEXAS Defendants. SUBPOENA TO: Cynthia Castleman, NP ISSUED IN THE NAME OF THE STATE OF TEXAS YOU ARE COMMANDED to appear before a Certified Shorthand Reporter, Notary Public, or other officer duly authorized to administer oaths, at the offices of Advanced Surgeons & Physicians Network located at 4200 Twelve Oaks Drive, Houston, Texas 77027 on April 16, 2024 at 10:00 am. as stated in Poly-America International Inc, Poly-America GP, LLC, Poly- America LP, And Mars Partners LTD’s Notice of Intention to Take Oral Deposition of Cynthia Castleman and Subpoena Duces Tecum (the “Notice”), to give oral deposition as a witness in the above-styled civil action and to attend from day to day until lawfully discharged, and to produce responsive documents as requested herein. HEREIN FAIL NOT, but of this writ make due return showing how you have executed same. Rule 176.8(a) states: Contempt. Failure by any person without adequate excuse to ol a subpoena served upon that person may be deemed a contempt of the court from which the subpoena is issued or a district court in the county in which the subpoena is served, and may be punished by fine or confinement, or both. ISSUED ON the Hh day of Apes | 2024 i L 5 Dep uv IOI pie Boar «Ci =D, SUBPOENA - PAGE t YS, Ne. Hu) =8 28 FELICIA PITRE IX SoH DISTRICT CLERK i 600 COMMERCE STREET re S DALLAS, TEXAS eee Cae | eSEESSESSEUESUESCESSSSSSUSSCOECESOSSOSSCSSCOSSSOOSES EEE I EEE EES Respectfully submitted, DEHAY &ELLISTON, L.L.P. 3500 Bank of America Plaza 901 Main Street Dallas, TX 75202-3736 Telephone: (214) 210-2400 Fax: (214) 210-2500 By: 4s/ Pamela J. Williams GARY D. ELLISTON Texas State Bar No. 06584700 PAMELA J. WILLIAMS Texas State Bar No. 00791936 gelliston@dehay.com pwilliams@dehay.co DEService@dehay.com ATTORNEYS FOR DEFENDANT POLY-AMERICA INTERNATIONAL INC., POLY-AMERICA GP, LLC., POLY- AMERICA LP, and MARS PARTNERS, LTD CERTIFICATE OF SERVICE Thereby certify that a true and correct copy of the above and foregoing document has been forwarded to all known counsel of record via certified mail, return receipt requested, and/or via first class mail, and/or via facsimile, and/or via hand delivery, and/or via e-file on this 28" day of March 2024. /s/ Pamela J. Williams PAMELA J. WILLIAMS SUBPOENA - PAGE 2 EXHIBIT A DEFINITIONS “Plaintiffs” means Latasha Harrison, Chautaqua Brewer, and Stacey Mims and all agents, servants, employees, representatives, and other persons acting on their behalf. “Defendant” means Poly-America International Inc, Poly-America GP, LLC, Poly- America LP, and MARS Partners Ltd., and all agents, servants, employees, representatives, and other persons acting on his behalf. The terms “yor and “your” mean Cynthia Castleman, NP and all agents, servants, employees, representatives, and other persons acting on her behalf. “Communication” means any oral or written means of communication, including, but not limited to, face-to-face conversation, conversation by telephone, email, text, or other means of communication, including by documents, as defined herein. 5. “Document” means any written material, whether typed, handwritten, printed or otherwise, or any photographic, photostatic, microfilm or other reproduction thereof; any data stored electronically and capable of being retrieved by computer or word processor and printed therefrom; and any recording (film, tape, videotape or other mechanical or electronic information). It includes, but is not limited to, notes, memoranda, letters, emails, telegrams, Circulars, releases, articles, reports, analysis, charts, account books, drafts, summaries, diaries, transcripts, agreements, contracts, deposit slips, checks, bank statements, receipts, stock certificates and/or statements. DOCUMENTS TO PRODUCE Your entire medical and billing file pertaining to Latasha Harrison, Chautauqua Brewer, and Stacey Mims including, but not limited to, all handwritten notes, records, reports, and all radiographic images, including x-rays, films, CT scans, and MRIs. All documents reviewed by you in preparation for your evaluation or treatment of Latasha Harrison, Chautauqua Brewer, and Stacey Mims and/or in preparation for your deposition. Your current curriculum vitae. All communications or agreements with Plaintiffs’ counsel or their staff, pertaining to mentioning, or referencing Latasha Harrison, Chautauqua Brewer, and Stacey Mims, or other individuals regarding Plaintiff or Plaintiff's lawsuit. All communications or agreements with Latasha Harrison, Chautauqua Brewer, or Stacey Mims pertaining to financial arrangements and/or payment for medical services rendered by you to Plaintiffs. SUBPOENA ~ PAGE 3 EES All documents regarding financial benefits received by you for your Services regarding Latasha Harrison, Chautanqua Brewer, and Stacey Mims, Plaintiffs’ counsel, Plaintiffs’ lawsuit, or testimony in Plaintiffs’ lawsuit. A list of all publications you authored or contributed to, if not included in your curriculum vitae. All documents evidencing the number, styles, and jurisdictions of the cases in which you have testified or rendered expert opinions. A list of all depositions and trial testimony given by you. 10. Any and all writings authored by you that reflect any presentations given pertaining to the subject matter of this lawsuit. ll Any and all materials, writings, information, or other materials you have read, reviewed, and/or used in any manner before this deposition pertaining to this lawsuit, including, but not limited to, medical records, notes, memorandums, medical articles, depositions, reports, affidavits, or treatises and any other matter involved in this lawsuit. 12. Copies of all authorities, including published literature in abstract and full form, you reviewed or relied upon in connection with the medical care or treatment of Latasha Harrison, Chautauqua Brewer, and Stacey Mims. 13 Any and all affidavits, affirmations, written statements (sworn or otherwise) signed or executed by you relating to any civil or administrative proceeding related to the medical care or treatment of Latasha Harrison, Chautauqua Brewer, and Stacey Mims. 14. All video, audio, or digital recordings of Plaintiffs. SUBPOENA - PAGE 4 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. LaKesha Burrus on behalf of Pamela Williams Bar No. 791936 iburrus@dehay.com Envelope ID: 86064788 Filing Code Description: Request Filing Description: SIGN/SEAL SUB-CYNTHIA CASTLEMAN NP Status as of 4/2/2024 3:09 PM csT Case Contacts Name BarNumber | Email TimestampSubmitted Status John CStewart john.stewart@oncor.com 3/28/2024 11:25:47 AM SENT Angie Ranton angela.ranton@oncor.com 3/28/2024 11:25:47 AM SENT Pamela J.Williams pwilliams@dehay.com 3/28/2024 11:25:47 AM SENT Cris Page cpage@dehay.com 3/28/2024 11:25:47 AM SENT Diane Hallmark diane.hallmark@oncor.com 3/28/2024 11:25:47 AM SENT Christine Harvey charvey@dehay.com 3/28/2024 11:25:47 AM SENT Adam Bell AdamB@poly-america.com 3/28/2024 11:25:47 AM SENT Madison Pyle mpyle@dehay.com 3/28/2024 11:25:47 AM SENT Sherri Robinson sherti.robinsoncsr@gmail.com 3/28/2024 11:25:47 AM SENT Ruark Mershon RuarkM@poly-america.com 3/28/2024 11:25:47 AM SENT Alexis Quezada alexisq@poly-america.com 3/28/2024 11:25:47 AM SENT Lance Travis LTravis@cobbmartinez.com 3/28/2024 11:25:47 AM SENT Anacorina Andrade aandrade@cobbmartinez.com 3/28/2024 11:25:47 AM SENT Landon Dutra Idutra@cobbmartinez.com 3/28/2024 11:25:47 AM SENT Gary DEtliston gelliston@dehay.com 3/28/2024 11:25:47 AM SENT Associated Case Party: LEN ACKIN Name BarNumber | Email TimestampSubmitted Status Jennifer Kinder 787837 jkinder@justcallkinder.net 3/28/2024 11:25:47 AM SENT ROCIO CASTRO RCASTRO@JUSTCALLKINDER.NET } 3/28/2024 11:25:47 AM SENT FRED NESSLER fwn@nesslerlaw.com 3/28/2024 11:25:47 AM SENT Griffin McMillin gmemiliin@justcalikinder.net 3/28/2024 11:25:47 AM SENT ! 7 |} | Automated Certificate of eService 1 This automated certificate of service was created by the efiling s ystem. The filer served this document via email generated by the efiling system on the date and fo the persons listed below. The rules goveming certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. LaKesha Burrus on behalf of Pamela Williams Bar No. 791936 Iburrus@dehay.com Envelope ID: 86064788 Filing Code Description: Request Filing Description: SIGN/SEAL SUB-CYNTHIA CASTLEMAN NP Status as of 4/2/2024 3:09 PM CST Associated Case Party: LEN ACKIN Griffin McMillin gmemillin@justcallkinder.net 3/28/2024 11:25:47 AM | SENT Damian Sullivent dsullivent@nesslerlaw.com 3/28/2024 11:25:47 AM | SENT Associated Case Party: POLY-AMERICA LP Name BarNumber | Email TimestampSubmitted | Status Christine Harvey deservice@dehay.com 3/28/2024 11:25:47 AM | SENT THIS PROCESS NOY PREPARED ESER V E 40.- 0-24 BY THE DALLAS COUNTY EXHIBIT DALLAS Vow GY: DISTRICT CLERK'S OFFICE 2 FEES. NO PAID PAD CAUSE NO. DC-22-08610 LEN ACKLIN, Individually, et al., IN THE DISTRICT COURT Plaintiffs, vs. 191* JUDICIAL DISTRICT POLY-AMERICA INTERNATIONAL INC., POLY-AMERICA, INC., POLY-AMERICA GP, LLC, POLY-AMERICA LP, ONCOR ELECTRIC DELIVERY COMPANY, LLC; AND MARS PARTNERS, LTD, DALLAS COUNTY, TEXAS Defendants. SUBPOENA TO: Cynthia Castleman, NP ISSUED IN THE NAME OF THE STATE OF TEXAS YOU ARE COMMANDED to appear before a Certified Shorthand Reporter, Notary Public, or other officer duly authorized to administer oaths, at the offices of Advanced Surgeons & Physicians Network located at 4200 Twelve Oaks Drive, Houston, Texas 77027 on April 22, 2024 at 10:00 a.m. CDT as stated in Poly-America International Inc, Poly-America GP, LLC, Poly-America LP, And Mars Partners LTD's Notice of Intention to Take Oral Deposition of Cynthia Castleman and Subpoena Duces Tecum (the “Notice”), to give oral deposition as a witness in the above-styled civil action and to attend from day to day until lawfully discharged, and to produce responsive documents as requested herein. HEREIN FAIL NOT, but of this writ make due return showing how you have executed same, Rule 176.8(a) states: Contempt. Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemeda contempt of the court from which the subpoena is issued or a district court in the county in which the subpoena is served, and may be punished by fine or confinement, or both. ISSUED ON the YIh, day of Aari'/ me cd 4 Lett — Dp ras ep gp go OF DA; Loe FELICIA DISTRICT CLERK PITRE 2k Suri iS. 600 COMMERCE STREET DONA SUBPOENA — PAGE 1 Ye oN PALLAS, TEXAS 75202-4606 SPf B. as Rea Respectfully submitted, 1 ' DEHAY &ELLISTON, Lue. 3500 Bank of America Plaza 901 Main Street Dallas, TX 75202-3736 Telephone: (214) 210-2400 Fax: (214) 210-2500 By: /s/ Pamela J. Williams GARY D. ELLISTON Texas State Bar No. 06584700 PAMELA J. WILLIAMS Texas State Bar No. 00791936 gelliston@dehay.com pwilliams@dehay.com DEService@dehay.com ATTORNEYS FOR DEFENDANT POLY-AMERICA INTERNATIONAL INC., POLY-AMERICA GP, LLC., POLY- AMERICA LP, and MARS PARTNERS, LTD CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing document has been forwarded to all known counsel of record via certified mail, return receipt requested, and/or via first class mail, and/or via facsimile, and/or via hand delivery, and/or via e-file on this 28 day of March, 2024. 4s/ Pamela J. Williams PAMELA J. WILLIAMS SUBPOENA - PAGE 2 EXHIBIT A DEFINITIONS “Plaintit means Latoya Harrison, Robert Johnson, and Ephraim Lara and all agents, servants, employees, representatives, and other persons acting on their behalf. “Defendant” means Poly-America International Inc, Poly-America GP, LLC, Poly- America LP, and MARS Partners Ltd., and all agents, servants, employees, representatives, and other persons acting on his behalf. The terms “you” and “your” mean Cynthia Castleman, NP and all agents, servants, employees, representatives, and other persons acting on her behalf. “Communication” means any oral or written means of communication, including, but not limited to, face-to-face conversation, conversation by telephone, email, text, or other means of communication, including by documents, as defined herein. “Document” means any written material, whether typed, handwritten, printed or otherwise, or any photographic, photostatic, microfilm or other reproduction thereof; any data stored electronically and capable of being retrieved by computer or word processor and printed therefrom; and any recording (film, tape, videotape or other mechanical or electronic information). It includes, but is not limited to, notes, memoranda, letters, emails, telegrams, circulars, releases, articles, reports, analysis, charts, account books, drafts, summaries, diaries, transcripts, agreements, contracts, deposit slips, checks, bank statements, receipts, stock certificates and/or statements. DOCUMENTS TO PRODUCE Your entire medical and billing file pertaining to Latoya Harrison, Robert Johnson, and Ephraim Lara including, but not limited to, all handwritten notes, records, reports, and all tadiographic images, including x-rays, films, CT scans, and MRIs. All documents reviewed by you in preparation for your evaluation or treatment of Latasha Harrison, Chautauqua Brewer, and Stacey Mims and/or in preparation for your deposition. ‘Your current curriculum vitae. All communications or agreements with Plaintiffs’ counsel or their staff, pertaining to mentioning, or referencing Latoya Harrison, Robert Johnson, and Ephraim Lara, or other individuals regarding Plaintiff or Plaintiff's lawsuit. All communications or agreements with Latoya Harrison, Robert Johnson, and Ephraim Lara pertaining to financial arrangements and/or payment for medical services rendered by you to Plaintiffs. SUBPOENA — PAGE 3 i 1 All documents regarding financial benefits received by you for your ervices regarding Latoya Harrison, Robert Johnson, and Ephraim Lara, Plaintiffs’ counsel, Plaintiffs’ lawsuit, or testimony in Plaintiffs’ lawsuit. A list ofall publications you authored or contributed to, if not included in your curriculum vitae. All documents evidencing the number, styles, and jurisdictions of the cases in which you have testified or rendered expert opinions. 9. A list of all depositions and trial testimony given by you. 10. Any and all writings authored by you that reflect any presentations given pertaining to the subject matter of this lawsuit. i Any and all materials, writings, information, or other materials you have read, reviewed, and/or used in any manner before this deposition pertaining to this lawsuit, including, but not limited to, medical records, notes, memorandums, medical articles, depositions, reports, affidavits, or treatises and any other matter involved in this lawsuit. 12 Copies of all authorities, including published literature in abstract and full form, you reviewed or relied upon in connection with the medical care or treatment of Latoya Harrison, Robert Johnson, and Ephraim Lara. 13. Any and all affidavits, affirmations, written statements (swom or otherwise) signed or executed by you relating to any civil or administrative proceeding related to the medical care or treatment of Latoya Harrison, Robert Johnson, and Ephraim Lara. 14. All video, audio, or digital recordings of Plaintiffs. SUBPOENA ~ PAGE 4 : 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. LaKesha Burrus on behalf of Pamela Williams Bar No. 791936 lburrus@dehay.com Envelope ID: 86076169 Filing Code Description: Request Filing Description: SIGN/SEAL SUB CYNTHIA CASTLEMAN NP © Status as of 4/2/2024 3:19 PM CST Case Contacts Name SarNumber | Email TimestampSubmitted Status John CStewart john.stewart@oncor.com 3/28/2024 2:02:57 PM SENT Angie Ranton angela ranton@oncor.com 3/28/2024 2:02:57 PM SENT Pamela J.Williams pwiliams@dehay.com 3/28/2024 2:02:57 PM SENT Cris Page cpage@dehay.com. 3/28/2024 2:02:57 PM SENT Diane Hallmark diane.halimark@oncor.com 3/28/2024 2:02:57 PM SENT Christine Harvey charvey@dehay.com 3/28/2024 2:02:57 PM SENT Adam Bell AdamB@poly-america.com 3/28/2024 2:02:57 PM SENT Madison Pyle mpyle@dehay.com 3/28/2024 2:02:57 PM SENT Sherri Robinson sherri.robinsoncsr@gmail.com 3/28/2024 2:02:57 PM SENT Ruark Mershon RuarkM@poly-america.com 3/28/2024 2:02:57 PM SENT Alexis Quezada alexisq@poly-america.com 3/28/2024 2:02:57 PM SENT Lance Travis LTravis@cobbmartinez.com 3/28/2024 2:02:57 PM SENT Anacorina Andrade aandrade@cobbmartinez.com 3/28/2024 2:02:57 PM SENT Landon Dutra Idutra@cobbmartinez:com 3/28/2024 2:02:57 PM SENT Gary DElliston gelliston@dehay.com 3/28/2024 2:02:57 PM SENT ! Associated Case Party: LEN ACKIN i Name BarNumber Email TimestampSubmitted Status Jennifer Kinder 787837 jkinder@justcallkinder.net 3/28/2024 2:02:57 PM SENT ROCIO CASTRO RCASTRO@JUSTCALLKINDER.NET 3/28/2024 2:02:57 PM SENT FRED NESSLER fwn@nessierlaw.com 3/28/2024 2:02:57 PM SENT Griffin McMillin gmemillin@justcallkinder.net 3/28/2024 2:02:57 PM SENT Y | q 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. LaKesha Burrus on behalf of Pamela Williams Bar No. 791936 . lburrus@dehay.com Envelope ID: 86076169 Filing Code Description: Request Filing Description: SIGN/SEAL SUB CYNTHIA CASTLEMAN NP Status as of 4/2/2024 3:19 PM CST Associated Case Party: LEN ACKIN Griffin McMillin gmemillin@justcailkinder.net 3/28/2024 2:02:57 PM | SENT Damian Sullivent dsullivent@nesslerlaw.com 3/28/2024 2:02:57 PM | SENT Associated Case Party: POLY-AMERICA LP Name BarNumber | Email TimestampSubmitted Status Christine Harvey deservice@dehay.com | 3/28/2024 2:02:57 PM | SENT nn ESERVE y THS NOTPREPARED I BY THE DALLAS COUNTY DISTRICT CLERK'S OFFICE EXHIBIT DALLAS COUNTY B] 3 NO’ CAUSE NO. DC-22-08610 LEN ACKLIN, Individually, et al IN THE DISTRICT COURT Plaintiffs, VS. 191* JUDICIAL DISTRICT POLY-AMERICA INTERNATIONAL INC. POLY-AMERICA, INC., POLY-AMERICA. GP, LLC, POLY-AMERICALP, ONCOR ELECTRIC DELIVERY COMPANY, LLC; AND MARS PARTNERS, LTD, DALLAS COUNTY, TEXAS Defendants. SUBPOENA TO: Cynthia Castleman, NP ISSUED IN THE NAME OF THE STATE OF TEXAS YOU ARE COMMANDED to appear before a Certified Shorthand Reporter, Notary Public, or other officer duly authorized to administer oaths, at the offices of Advanced Surgeons & Physicians Network located at 4200 Twelve Oaks Drive, Houston, Texas 77027 on April 23, 2024 at 10:00 am. CDT as stated in Poly-America International Inc, Poly-America GP, LLC, Poly-America LP, And Mars Partners LTD:'s Notice of Intention to Take Oral Deposition of Cynthia Castleman and Subpoena Duces Tecum (the “Notice”), give oral deposition as a witness in the above-styled civil action and to attend from day to day until lawfully discharged, and to produce responsive documents as requested herein. HEREIN FAIL NOT, but of this writ make due return showing how you have executed same. Rule 176.8(a) states: Contempt. Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena is issued or a district court in the county in which the subpoena is served, and may be punished by fine or confinement, or both. ISSUED ON the Hy, day of. Ap 2024 Dept ope Reo. bs po a, Fn OF oO. 18 FELICIA PITRE 1S DISTRICT CLERK SUBPOENA - PAGE 1 AS RE, no, 600 COMMERCE STREET | DALLAS, TEXAS 75202-4606 Th ee. | Respectfully submitted, i DEHAY &ELLISTON, ULP. 3500 Bank of America Plaza 901 Main Street Dallas, TX 75202-3736 Telephone: (214) 210-2400 Fax: (214) 210-2500 By: 4s/Pamela J. Williams GARY D. ELLISTON Texas State Bar No. 06584700 PAMELA J. WILLIAMS Texas State Bar No. 00791936 gelliston@dehay.com pwilliams@dehay.com DEService@dehay.com ATTORNEYS FOR DEFENDANT POLY-AMERICA INTERNATIONAL INC., POLY-AMERICA GP, LLC., POLY- AMERICA LP, and MARS PARTNERS, LTD CERTIFICATE OF SERVICE [hereby certify that a true and correct copy of the above and foregoing document has been forwarded to all known counsel of record via certified mail, return receipt requested, and/or via first class mail, and/or via facsimile, and/or via hand delivery, and/or via e-file on this 28" day of March 2024. /s/ Pamela J. Williams PAMELA J. WOLLIAMS SUBPOENA - PAGE 2 EXHIBIT A DEFINITIONS “Plaintiffs” means Amber Rodriguez, Angela Luckey-Vaughn, and Johnny Carell and all agents, servants, employees, representatives, and other persons acting on their behalf. “Defendant” means Poly-America Intemational Inc, Poly-America GP, LLC, Poly- America LP, and MARS Partners Ltd., and all agents, servants, employees, representatives, and other persons acting on his behalf. The terms “you” and “your” mean Cynthia Castleman, NP and all agents, servants, employees, representatives, and other persons acting on her behalf. “Communicatio: means any oral or written means of communication, including, but not limited to, face-to-face conversation, conversation by telephone, email, text, or other means of communication, including by documents, as defined herein. “Document” means any written material, whether typed, handwritten, printed or otherwise, or any photographic, photostatic, microfilm or other reproduction thereof; any data stored electronically and capable of being retrieved by computer or word processor and printed therefrom; and any recording (film, tape, videotape or other mechanical or electronic information). It includes, but is not limited to, notes, memoranda, letters, emails, telegrams, circulars, releases, articles, reports, analysis, charts, account books, drafts, summaries, diaries, transcripts, agreements, contracts, deposit slips, checks, bank statements, receipts, stock certificates and/or statements. DOCUMENTS TO PRODUCE Your entire medical and billing file pertaining to Amber Rodriguez, Angela Luckey- Vaughn, and Johnny Carnell including, but not limited to, all handwritten notes, records, reports, and all radiographic images, including x-rays, films, CT scans, and MRIs. 2. i All documents reviewed by you in preparation for your evaluation or treatment of Amber Rodriguez, Angela Luckey-Vaughn, and Johnny Carnell and/or in preparation for your deposition. Your current curriculum vitae. All communications or agreements with Plaintiffs’ counsel or their staff, pertaining to mentioning, or referencing Amber Rodriguez, Angela Luckey-Vaughn, and Johnny Carell, or other individuals regarding Plaintiff or Plaintiff's lawsuit. AJl communications or agreements with Amber Rodriguez, Angela Luckey-Vaughn, and Johnny Carell pertaining to financial arrangements and/or payment for medical services rendered by you to Plaintiffs. SUBPOENA - PAGE3 ee Ali documents regarding financial benefits received by you for your services regarding Amber Rodriguez, Angela Luckey-Vaughn, and Johnny Camell, Plaintiffs’ counsel, Plaintiffs’ lawsuit, or testimony in Plaintiffs’ lawsuit. A list ofall publications you authored or contributed to, ifnot included in your comeee vitae. All documents evidencing the number, styles, and jurisdictions of the cases in which you have testified or rendered expert opinions. A list of all depositions and trial testimony given by you. 10. Any and all writings authored by you that reflect any presentations given pertaining to the subject matter of this lawsuit. VW Any and all materials, writings, information, or other materials you have read, reviewed, and/or used in any manner before this deposition pertaining to this lawsuit, including, but not limited to, medical records, notes, memorandums, medical articles, depositions, reports, affidavits, or treatises and any other matter involved in this lawsuit. 12. Copies of all authorities, including published literature in abstract and full form, you reviewed or relied upon in connection with the medical care or treatment of Amber Rodriguez, Angela Luckey-Vaughn, and Johnny Carnell. 13 Any and all affidavits, affirmations, written statements (swom or otherwise) signed or executed by you relating to any civil or administrative proceeding related to the medical care or treatment of Amber Rodriguez, Angela Luckey-Vaughn, and Jobnny Carnell. 14. All video, audio, or digital a of Plaintiffs. SUBPOENA - PAGE 4 Automated Certificate of eService :i This automated certificate of service was created by the efiling system. The filer served this document via email generated b y 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. LaKesha Burrus on behalf of Pamela Williams Bar No. 791936 Iburrus@dehay.com Envelope ID: 86070830 Filing Code Description: Request Filing Description: SIGN/SEAL SUB-CYNTHIA CASTLEMAN NP Status as of 4/2/2024 3:13 PM CST 4 Case Contacts Name BarNumber } Email TimestampSubmitted Status John CStewart john.stewart@oncor.com 3/28/2024 12:50:06 PM SENT Angie Ranton angela.ranton@oncor.com 3/28/2024 12:50:06 PM SENT Pamela J.Williams pwilliams@dehay.com 3/28/2024 12:50:06 PM SENT Cris Page cpage@dehay.com 3/28/2024 12:50:06 PM SENT Diane Hallmark diane.hallmark@oncor.com 3/28/2024 12:50:06 PM SENT Christine Harvey charvey@dehay.com 3/28/2024 12:50:06 PM SENT Adam Bell AdamB@poly-america.com 3/28/2024 12:50:06 PM SENT Madison Pyle mpyle@dehay.com 3/28/2024 12:50:06 PM SENT Sherri Robinson sherri.robinsoncsr@gmail.co