Preview
FILED
8/21/2020 5:36PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Miranda Lynch DEPUTY
CAUSE NO. DC-19-1 9878
BRIANA BONES; § IN THE DISTRICT COURT OF
§
Plaintiff, §
§
VS. § DALLAS COUNTY, TEXAS
§
TINA PERRY; §
§
§
Defendant. § 134T“ JUDICIAL DISTRICT
PLAINTIFF'S MOTION TO QUASH DEPOSITIONS BY WRITTEN QUESTIONS TO EZ
MED GROUP LLC AND MOTION FOR PROTECTIVE ORDER
PLAINTIFF Briana Bones files Plaintiff's Motion to Quash Depositions by Written
Questions to EZ Med Group LLC and respectfully shows the following:
l. BACKGROUND
This is a personal injury case in which Plaintiff is seeking damages from
Defendant for injuries sustained ina motor vehicle accident that occurred on or about
April 08, 2019. Defendant has issued a notice to take depositions by written questions
to EZ Med Group LLC. [See notice attached hereto as Exhibit “A”.]
ll. OBJECTIONS T0 RECORDS SOUGHT
Plaintiff objects to Defendant's deposition notices and request for Plaintiff's
medical and billing records directed to EZ Med Group LLC as overly broad, not limited
in scope, seeking information that invades Plaintiff’s personal privacy rights and is
neither relevant nor likely to lead to the discovery of admissible evidence.
Accordingly, Plaintiff seeks an order to quash these deposition notices and
further seeks a protective order precluding Defendant from requesting or obtaining
Plaintiff's records from EZ Med Group LLC.
PLAINTIFF'S MOTION TO QUASH DEPOSITIONS BY WRITTEN QUESTIONS TO EZ MED GROUP
LLC AND MOTION FOR PROTECTIVE ORDER — Page 1
|II. CONCLUSION
Plaintiff objects to the production of Plaintiff's records as set out above and asks
this Court to put in place a protective order to protect the production of such records.
WHEREFORE, PREMISES CONSIDERED, PLAINTIFF Briana Bones
respectfully requests and prays that this honorable Court inall things GRANT Plaintiff‘s
Objections, Motion to Quash Depositions by Written Questions to EZ Med Group LLC,
and Motion for protective order and for such other and further relief, both special and
general, at law and in equity, to which Plaintiff may show herself to be justly entitled.
Respectfully submitted,
WITHERITE LAW GROUP, PLLC
BY: /s/ Adewale Odetunde
ADEWALE ODETUNDE
State Bar No. 24088146
adewale.odetunde@witheritelaw.com
AMY K. WITHERITE
State Bar No. 00788698
amv.witherite@witheritelaw.com
10440 N. Central Expressway
Suite 400
Dallas, TX 75231-2228
214/378-6665
214/378-6670 (fax)
ATTORNEYS FOR PLAINTIFF
PLAINTIFF'S MOTION TO QUASH DEPOSITIONS BY WRITTEN QUESTIONS TO EZ MED GROUP
LLC AND MOTION FOR PROTECTIVE ORDER — Page 2
CERTIFICATE OF CONFERENCE
Pursuant to Dallas County District Court Local Rule 2.07, the undersigned hereby
certifies:
On August 21, 2020, counsel for movant and counsel for respondent
have personally conducted a conference at which there was a
substantive discussion of every item presented to the Court in this motion
and despite best efforts the counsel have not been able to resolve those
matters presented.
/s/ Adewale Odetunde
Adewale Odetunde
CERTIFICATE OF SERVICE
| hereby certify that a true and correct copy of the foregoing has been
forwarded to all counsel of record on this 21st day of August, 2020, pursuant to the
Texas Rules of Civil Procedure.
/s/ Adewale Odetunde
Adewale Odetunde
Stephanie Rhima
Susan L. Florence & Associates
1201 Elm Street
Suite 5050
Dallas, TX 75270
PLAINTIFF'S MOTION TO QUASH DEPOSITIONS BY WRITTEN QUESTIONS TO EZ MED GROUP
LLC AND MOTION FOR PROTECTIVE ORDER — Page 3
N0. DC-19-19878
§ IN THE DISTRICT COURT OF
BRIANA BONES §
§
vs. § DALLAS COUNTY, TEXAS
§
TINA PERRY §
§ 134TH JUDICIAL DISTRICT
NOTICE OF INTENTION
T0 TAKE DEPOSITION BY WRITTEN QUESTIONS
To Plaintiff(s) by and through their attorney(s) of record: ADEWALE SHAMUSIDEE ODETUND
To other party/parties by and through their attorney(s) of record:
You will please take notice that twenty (20) days from the service of a copy hereof with attached questions, a deposition
by written questions willbe taken of Custodian of Records for: EZ MED GROUP LLC before a Notary Public for Compex
Legal Services, Inc. 3201 Cherry Ridge Drive, Suite B207, San Antonio, TX 78230-4825 or its designated agent, which
deposition with attached questions may be used in evidence upon the trial of the above-styled and numbered cause pending in the
above named court.
Notice is further given that request is hereby made as authorized under Rules 176 and 200, Texas Rules of Civil
Procedure, to the officer taking the deposition to issue a subpoena duces tecum and cause it to be served on the witness to produce
1. Any and all medical records and other records, including anesthesia records and records for treatment and/or
injury, litigation files, opinions and reports, other health providers’ records, patient information sheets and questionnaires,
correspondence, consultations, informed consent documents, telephone messages and logs, letters of protection and other
correspondence 0r e-mails from the patient attorney, SOAP and other treatment notes, medical narratives, sign-in logs,
internal memorandum, archived and stored documents, and electronic data keeping, including computer databases
pertaining to the examination and treatment of Briana Bones, DOB: 03/10/1995. This includes any and all templates or
hand—written 0r preliminary notes 0r other records from which final records, reports, SOAP notes, etc. are generated, and
any documents sent to, 0r received from, any transcriptionist service, scribe, 0r similar person 0r service.
2. Any records or other documents showing 0r describing any services EZ Med Group, LLC provided t0 Briana
Bones from 4/8/19 to the present. And t0 turn all such records over to the officer authorized to take this deposition s0 that
photographic reproductions 0f the same may be made and attached t0 said deposition.
STEPHANIE RHIMA
SUSAN L. FLORENCE & ASSOCIATES
1201 ELM STREET, SUITE 5050
DALLAS, TX 75270
214-659-4300 FAX 214-659—4390
ATTORNEY FOR DEFENDANT
STATE BAR#: 24102406
?&upm-u rmW
I hereby certify that a true and correct copy 0f the foregoing instrument has been forwarded t0 allCounsel 0f Record by hand
delivery, FAX, and/or certified mail, return receipt requested, 0n this day.
Dated: 8/20/2020
EXHIBIT
bitsticker.com
Compex Order No. TX0027781-011 A exhi
EMAIL: TEXASCS@COMPEXLEGAL.CO
N0. DC-19-19878
§ IN THE DISTRICT COURT 0F
BRIANA BONES §
§
vs. § DALLAS COUNTY, TEXAS
§
TINA PERRY §
§ 134TH JUDICIAL DISTRICT
DIRECT QUESTIONS TO BE PROPOUNDED TO
THE CUSTODIAN OF RECORDS FOR:
EZ MED GROUP LLC
from 04/08/2019 t0 Present
1. What isyour fullname, address and telephone number?
Answer:
2. Iam the custodian of records for:
name 0f your
(Please insert the facility)
3. Did you receive a subpoena for the production 0f recordsWhich pertain t0BRIANA BONES?
Answer:
4. Are the records Subpoena Duces Tecum, pertaining
as outlined in the toBRIANA BONES, inyour custody 0r subject t0 your
control, supervision 0r direction?
Answer:
5. D0 you understand the subpoena requests allthe records and documents pertaining t0 BRIANA BONES and is not limited t0
records and documents related t0 the incident, injury 0r illness which forms the basis 0f this lawsuit nor limited in scope 0r
is it
time as t0 the record 0r document, unless otherwise specified Within the subpoena?
Answer:
6. Were thesememoranda, reports, records, and/or data compilationsmade or caused t0 bemade by the above -mentioned facility?
Answer:
7. Please state Whether 0r notitwas above-mentioned
in the regular course 0f business of the person With knowledge
facility for a
0f the diagnoses recorded to
acts, events, conditions, opinions, 0r make the record 0r t0 transmit information thereof to be
included in such record.
Answer:
Compex Order N0. TX0029795-001
Page 1of3
Were the entries 0f memoranda, reports, records, and/or data compilations made time 0f the transaction
at 0r shortly after the
recorded 0n these entries?
Answer:
Were these entriesmade and kept in the regular courseof business?
Answer:
10. Was themethod of preparation 0f these records trustworthy?
Answer:
11. BRIANA BONES.
Please attach t0 this deposition exact duplicates of the records as described in the subpoena pertaining t0
Have you done as requested? If not, please explainWhy you have not.
Answer:
12. Are the copies which you have attached to this deposition, atrue and correct copy of the original records as requestedin the
subpoena pertaining t0 BRIANA BONES?
Answer:
13. n0 records can be found, are there document archives (i.e. microfiche) 0r document retention policies, Which
In the event that
explain their absence? who has knowledge 0f those archives or policies for the above listed.
If yes, please identify
Answer:
14. Are you aware 0f any other facility, entity, hospital, clinic, sanitarium, physician, chiropractor, psychologist, psychiatrist, 0r
osteopath, that may have records pertaining t0 BRIANA BONES? If so, please state the name and address 0f such entity and
describe briefly what records they may possess.
Answer:
15. Have you been requested, directed or hasiteven been suggested by any person (whether employer, employee, lawyer, patient
or anyone else) that any part of the records subj ect t0 this deposition be withheld or protected from discovery for any reason?
If
name and
so, please state the address of the person Who conveyed this information to you and When such event occurred.
Answer:
16. D0 you have any reason t0 believe have been edited, purged, culled 0r in any other
that the records subject t0 this deposition
manner made differentfrom the way such records existed when created? your knowledge 0r belief in that
If so, please explain
regard.
Answer:
Compex Order N0. TX0029795-001
Page 2 of 3
17. Are you aware that it may be necessary t0 subpoena you 0r your employer t0 court at the time 0f the trial 0f this case, if you
have NOT provided t0 the notary public taking your deposition, all papers documents, records, correspondence, 0r tangible
matters of any kind pertaining toBRIANA BONES as dictated by the attached subpoena?
Answer:
Please describe any service(s) thatEZ Med Group, LLC has provided t0 Briana Bones from 4/8/2019 t0 the present?
Answer:
Please describe any service(s) thatEZ Med Group, LLC has provided t0 Lakewood Anesthesia, PLLC (including but not
management services, and contracting anesthesia personnel)
l—imited t0 billing services, in regard to Lakewood Anesthesia, PLLC’ s
treatment 0f Briana Bones from 4/8/2019 t0 the present?
Answer:
Please describe any payment that EZ Med Group, LLC has received 1n regard to the provision of anesthesia services
in—V01Ving BrianaBones 0n 08/08/2019?
Answer:
Please describe any service(s) thatEZ Med Group, LLC has provided t0 any anesthesiologist 0r nurse anesthetist(CNRA)
and management services)
(—including but not limited t0 billing services in regard t0 their provision0f anesthesia for procedures
performed by Epic Pain & Orthopedics involving Briana Bones 0n 08/08/201 9?
Answer:
Please identify any employment 0r position Pamela Hockert had with EZ Med Group, LLC 0n 10/ 1 8/201 9?
Answer:
WITNESS (Custodian 0f Records)
Before me, the undersigned authority, 0n this day personally appeared
known t0me to be the person Whose name is subscribed t0 the foregoing instrument in the capacity therein stated,Who being first
duly sworn, stated upon his/her oath that the answers t0 the foregoing questions are true and correct.Ifurther certify that the records
attached hereto are exact duplicates 0f the original records.
SWORN TO AND SUBSCRIBED before me this day of ,
20
NOTARY PUBLIC
Compex Order N0. TX0029795-001
Page 3 of 3
N0. DC-19-19878
§ IN THE DISTRICT COURT OF
BRIANA BONES §
§
vs. § DALLAS COUNTY, TEXAS
§
TINA PERRY §
§ 134TH JUDICIAL DISTRICT
NOTICE OF INTENTION
T0 TAKE DEPOSITION BY WRITTEN QUESTIONS
To Plaintiff(s) by and through their attorney(s) of record: ADEWALE SHAMUSIDEE ODETUND
To other party/parties by and through their attorney(s) of record:
You will please take notice that twenty (20) days from the service of a copy hereof with attached questions, a deposition
by written questions willbe taken of Custodian of Records for: EZ MED GROUP LLC before a Notary Public for Compex
Legal Services, Inc. 3201 Cherry Ridge Drive, Suite B207, San Antonio, TX 78230-4825 or its designated agent, which
deposition with attached questions may be used in evidence upon the trial of the above-styled and numbered cause pending in the
above named court.
Notice is further given that request is hereby made as authorized under Rules 176 and 200, Texas Rules of Civil
Procedure, to the officer taking the deposition to issue a subpoena duces tecum and cause it to be served on the witness to produce
3. Any records 0r other documents, such as invoices, correspondence, agreements, or contracts, showing 0r
describing any services EZ Med Group, LLC provided t0 Lakewood Anesthesia, PLLC (including but not limited t0 billing
services, management services, and contracting anesthesia personnel) in regard to Lakewood Anesthesia, PLLC’s
treatment of Briana Bones from 4/8/19 t0 the present.
4. Any documents (such as invoices, correspondence, e-mails, agreements, or contracts) showing EZ Med Group,
bills,
LLC is authorized t0 bill for any anesthesia 0r other healthcare services provided t0 Briana Bones from 4/8/2019 to the
present by any other provider, including but not limited to Lakewood Anesthesia, PLLC or any anesthesiologist or nurse
anesthetist (CRNA).
5. Any documents (invoices, checks, wire transfer documents, etc.) showing payments t0 EZ Med Group, LLC by
anyone, including but not limited to Lakewood Anesthesia, PLLC, concerning Briana Bones from 4/8/2019 t0 the present.
And t0 turn all such records over to the officer authorized t0 take this deposition so that photographic reproductions 0f the same
may be made and attached t0 said deposition.
STEPHANIE RHIMA
SUSAN L. FLORENCE & ASSOCIATES
1201 ELM STREET, SUITE 5050
DALLAS, TX 75270
214-659-4300 FAX 214-659-4390
ATTORNEY FOR DEFENDANT
STATE BAR#: 24102406
-r
:5 A L(JMWW'H f Mantras:—
I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to all Counsel of
Record by hand delivery, FAX, and/or certified mail, return receipt requested, on this day.
Dated: 8/20/20
fig.‘ Phomf. ,fmln’w—QD—
Compex Order N0. TX0027781-012
EMAIL: TEXASCS@COMPEXLEGAL.COM
N0. DC-19-19878
§ 1N THE DISTRICT COURT 0F
BRIANA BONES §
§
vs. § DALLAS COUNTY, TEXAS
§
TINA PERRY §
§ 134TH JUDICIAL DISTRICT
DIRECT QUESTIONS TO BE PROPOUNDED TO
THE CUSTODIAN OF RECORDS FOR:
EZ MED GROUP LLC
From 04/08/2019 t0 Present
Records Pertaining T0: Briana Bones
Requested Records: 3. Any records or other documents, such as invoices, correspondence, agreements, 0r contracts,
showing 0r describing any services EZ Med Group, LLC provided t0 Lakewood Anesthesia, PLLC (including but not
limited t0 billing services, management services, and contracting anesthesia personnel) in regard t0 Lakewood Anesthesia,
PLLC’s treatment of Briana Bones from 4/8/19 t0 the present.
4. Any documents (such as invoices, bills, correspondence, e-mails, agreements, 0r contracts) showing EZ Med Group,
LLC is authorized to bill for any anesthesia 0r other healthcare services provided to Briana Bones from 4/8/2019 t0 the
present by any other provider, including but not limited to Lakewood Anesthesia, PLLC 0r any anesthesiologist or nurse
anesthetist (CRNA).
5. Any documents (invoices, checks, wire transfer documents, etc.) showing payments t0 EZ Med Group, LLC by
anyone, including but not limited to Lakewood Anesthesia, PLLC, concerning Briana Bones from 4/8/2019 t0 the present.
Pursuant to TRCP 200: You have been served with a Subpoena Duces Tecum. In accordance with this Subpoena, you are to provide
Please note that answers such as “See Attached” or “Not Applicable” may be deemed unacceptable
responses to the below listed questions.
and may result in the attorney issuing a Subpoena for you to appear at a designated location and/or Court.
1. Please state your full name.
Answer:
2. Please stateby whom you are employed and the business address.
Answer:
3. What isthe of your position or job?
title
Answer:
4. Are these memorandum, reports, records, 0r data compilations, outlined in the subpoena duces tecum, pertaining t0 the above-
named person, inyour custody 0r subj ect t0 your control, supervision or direction?
Answer:
5. Are you able of the originals?
to identify these billing records as the originals or true copies
Answer:
Compex Order No. TX0029795'002
Page 1of 4
Please hand t0 the Officer taking this deposition copies 0f the billing records mentioned in Question N0. 4. Have you done so?
Why?
If not,
Answer:
Are the copies which you handed to theOfficer taking and correct copies 0f
this deposition true allsuch billing records?
Answer:
Were such billing records kept in the regular courseof business of thisfacility?
Answer:
Were the entrieson these records made ator shortly after the time 0f the transaction recorded?
Answer:
10. Please state whether or notitwas the regular course of business of the above mentioned facility for a person Withknowledge of
make
the acts, events, conditions, opinion, or diagnoses, recorded to the record or t0 transmit information thereof to be included
in such record.
Answer:
11. As part of your job, your responsibility to manage accounts receivable from those patients treated by your
is it facility?
Answer:
12. Did you or your facilityprovide medical treatment to Briana Bones ?
Answer:
13. How much did you 0r your facility bill for the medical treatment provided t0 Briana Bones ?
Answer:
14. Has your facilitybeen paid for the medical treatment provided t0Briana Bones ?
Answer:
15. What isthe amount actually paid t0 your medical treatment provided to Briana Bones
facility for the regardless 0f the
source?
Answer:
16. Of the totalamount charged for medical treatment t0 Briana Bones ,
how much was written off, discounted 0r adjusted for any
reason?
Answer:
17. Of the totalamount billed for medical treatment to Briana Bones ,
What isthe current balance?
Answer:
18. Have you attached a complete itemized bill0f services provided and alladjustments t0 the bill?
Answer:
19. Are the kept in the regular course of business?
bills for these services
Answer:
Compex Order No. TX0029795'002
Page 2 of 4
20. Please fill in the following blanks With the requested information concerning medical treatment provided t0 Briana Bones :
A. TOTAL AMOUNT FOR ALL MEDICAL BILLED:
ANSWER:
B. TOTAL AMOUNT PAID BY PRIVATE INSURER:
ANSWER:
C. TOTAL AMOUNT PAID BY MEDICARE/MEDICAID:
ANSWER:
D. TOTAL AMOUNT PAID BY Briana Bones :
ANSWER:
E.TOTAL AMOUNT WRITTEN OFF, DISCOUNTED OR ADJUSTED:
ANSWER:
F.TOTAL AMOUNT STILL OWED AND BY WHOM:
ANSWER:
Please describe any service(s) thatEZ Med Group, LLC has provided to Briana Bones from 4/8/2019 to the present?
Answer:
_ Please describe any service(s) thatEZ Med Group, LLC
management services, and contracting
limited t0 billing services,
has provided t0 Lakewood
anesthesia personnel)
Anesthesia, PLLC (including but not
Lakewood Anesthesia, PLLC’s
in regard t0
treatment of Briana Bones from 4/8/2019 t0 the present?
Answer:
_ Please describe any payment that
involving Briana Bones 0n 08/08/2019?
EZ Med Group, LLC has received in regard t0 the provision 0f anesthesia services
Answer:
_ Please describe any service(s) thatEZ Med Group, LLC has provided to any anesthesiologist or nurse anesthetist
management services)
(including but not limited to billing services and in regard t0 their provision
(CNRA)
0f anesthesia for procedures
performed by Epic Pain & Orthopedics involving Briana Bones on 08/08/2019?
Answer:
Please identify any employment 0r position Pamela Hockert had with EZ Med Group, LLC 0n 10/ 1 8/2019?
Answer:
WITNESS (Custodian of Records)
Compex Order No. TX0029795'002
Page 3 of 4
Before me, the undersigned authority, 0n this day personally appeared ,
known t0me t0 be the person Whose name is subscribed to the foregoing instrument in the capacity therein stated,Who being first
duly sworn, stated upon his/her oath that the answers t0 the foregoing questions are true and correct.
GIVEN UNDER MY HAND AND SEAL OF OFFICE 0n this the day of ,
NOTARY PUBLIC
Compex Order No. TX0029795'002
Page 4 of 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.
Amy Peacock on behalf of Adewale Odetunde
Bar No. 24088146
amy.peacock@witheritelaw.com
Envelope ID: 4561 1956
Status as of 8/24/2020 9:18 AM CST
Associated Case Party: BRIANA BONES
Name BarNumber Email TimestampSubmitted Status
Adewale WaleOdetunde Adewale.Odetunde@witheritelaw.com 8/21/2020 5:36:54 PM SENT
Associated Case Party: TINA PERRY
Name BarNumber Email TimestampSubmitted Status
Stephanie Rhima DallasLegal@allstate.com 8/21/2020 5:36:54 PM SENT
Stephanie Rhima stephanie.rhima@allstate.com 8/21/2020 5:36:54 PM SENT
Preview
FILED 8/21/2020 5:36PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Miranda Lynch DEPUTY CAUSE NO. DC-19-1 9878 BRIANA BONES; § IN THE DISTRICT COURT OF § Plaintiff, § § VS. § DALLAS COUNTY, TEXAS § TINA PERRY; § § § Defendant. § 134T“ JUDICIAL DISTRICT PLAINTIFF'S MOTION TO QUASH DEPOSITIONS BY WRITTEN QUESTIONS TO EZ MED GROUP LLC AND MOTION FOR PROTECTIVE ORDER PLAINTIFF Briana Bones files Plaintiff's Motion to Quash Depositions by Written Questions to EZ Med Group LLC and respectfully shows the following: l. BACKGROUND This is a personal injury case in which Plaintiff is seeking damages from Defendant for injuries sustained ina motor vehicle accident that occurred on or about April 08, 2019. Defendant has issued a notice to take depositions by written questions to EZ Med Group LLC. [See notice attached hereto as Exhibit “A”.] ll. OBJECTIONS T0 RECORDS SOUGHT Plaintiff objects to Defendant's deposition notices and request for Plaintiff's medical and billing records directed to EZ Med Group LLC as overly broad, not limited in scope, seeking information that invades Plaintiff’s personal privacy rights and is neither relevant nor likely to lead to the discovery of admissible evidence. Accordingly, Plaintiff seeks an order to quash these deposition notices and further seeks a protective order precluding Defendant from requesting or obtaining Plaintiff's records from EZ Med Group LLC. PLAINTIFF'S MOTION TO QUASH DEPOSITIONS BY WRITTEN QUESTIONS TO EZ MED GROUP LLC AND MOTION FOR PROTECTIVE ORDER — Page 1 |II. CONCLUSION Plaintiff objects to the production of Plaintiff's records as set out above and asks this Court to put in place a protective order to protect the production of such records. WHEREFORE, PREMISES CONSIDERED, PLAINTIFF Briana Bones respectfully requests and prays that this honorable Court inall things GRANT Plaintiff‘s Objections, Motion to Quash Depositions by Written Questions to EZ Med Group LLC, and Motion for protective order and for such other and further relief, both special and general, at law and in equity, to which Plaintiff may show herself to be justly entitled. Respectfully submitted, WITHERITE LAW GROUP, PLLC BY: /s/ Adewale Odetunde ADEWALE ODETUNDE State Bar No. 24088146 adewale.odetunde@witheritelaw.com AMY K. WITHERITE State Bar No. 00788698 amv.witherite@witheritelaw.com 10440 N. Central Expressway Suite 400 Dallas, TX 75231-2228 214/378-6665 214/378-6670 (fax) ATTORNEYS FOR PLAINTIFF PLAINTIFF'S MOTION TO QUASH DEPOSITIONS BY WRITTEN QUESTIONS TO EZ MED GROUP LLC AND MOTION FOR PROTECTIVE ORDER — Page 2 CERTIFICATE OF CONFERENCE Pursuant to Dallas County District Court Local Rule 2.07, the undersigned hereby certifies: On August 21, 2020, counsel for movant and counsel for respondent have personally conducted a conference at which there was a substantive discussion of every item presented to the Court in this motion and despite best efforts the counsel have not been able to resolve those matters presented. /s/ Adewale Odetunde Adewale Odetunde CERTIFICATE OF SERVICE | hereby certify that a true and correct copy of the foregoing has been forwarded to all counsel of record on this 21st day of August, 2020, pursuant to the Texas Rules of Civil Procedure. /s/ Adewale Odetunde Adewale Odetunde Stephanie Rhima Susan L. Florence & Associates 1201 Elm Street Suite 5050 Dallas, TX 75270 PLAINTIFF'S MOTION TO QUASH DEPOSITIONS BY WRITTEN QUESTIONS TO EZ MED GROUP LLC AND MOTION FOR PROTECTIVE ORDER — Page 3 N0. DC-19-19878 § IN THE DISTRICT COURT OF BRIANA BONES § § vs. § DALLAS COUNTY, TEXAS § TINA PERRY § § 134TH JUDICIAL DISTRICT NOTICE OF INTENTION T0 TAKE DEPOSITION BY WRITTEN QUESTIONS To Plaintiff(s) by and through their attorney(s) of record: ADEWALE SHAMUSIDEE ODETUND To other party/parties by and through their attorney(s) of record: You will please take notice that twenty (20) days from the service of a copy hereof with attached questions, a deposition by written questions willbe taken of Custodian of Records for: EZ MED GROUP LLC before a Notary Public for Compex Legal Services, Inc. 3201 Cherry Ridge Drive, Suite B207, San Antonio, TX 78230-4825 or its designated agent, which deposition with attached questions may be used in evidence upon the trial of the above-styled and numbered cause pending in the above named court. Notice is further given that request is hereby made as authorized under Rules 176 and 200, Texas Rules of Civil Procedure, to the officer taking the deposition to issue a subpoena duces tecum and cause it to be served on the witness to produce 1. Any and all medical records and other records, including anesthesia records and records for treatment and/or injury, litigation files, opinions and reports, other health providers’ records, patient information sheets and questionnaires, correspondence, consultations, informed consent documents, telephone messages and logs, letters of protection and other correspondence 0r e-mails from the patient attorney, SOAP and other treatment notes, medical narratives, sign-in logs, internal memorandum, archived and stored documents, and electronic data keeping, including computer databases pertaining to the examination and treatment of Briana Bones, DOB: 03/10/1995. This includes any and all templates or hand—written 0r preliminary notes 0r other records from which final records, reports, SOAP notes, etc. are generated, and any documents sent to, 0r received from, any transcriptionist service, scribe, 0r similar person 0r service. 2. Any records or other documents showing 0r describing any services EZ Med Group, LLC provided t0 Briana Bones from 4/8/19 to the present. And t0 turn all such records over to the officer authorized to take this deposition s0 that photographic reproductions 0f the same may be made and attached t0 said deposition. STEPHANIE RHIMA SUSAN L. FLORENCE & ASSOCIATES 1201 ELM STREET, SUITE 5050 DALLAS, TX 75270 214-659-4300 FAX 214-659—4390 ATTORNEY FOR DEFENDANT STATE BAR#: 24102406 ?&upm-u rmW I hereby certify that a true and correct copy 0f the foregoing instrument has been forwarded t0 allCounsel 0f Record by hand delivery, FAX, and/or certified mail, return receipt requested, 0n this day. Dated: 8/20/2020 EXHIBIT bitsticker.com Compex Order No. TX0027781-011 A exhi EMAIL: TEXASCS@COMPEXLEGAL.CO N0. DC-19-19878 § IN THE DISTRICT COURT 0F BRIANA BONES § § vs. § DALLAS COUNTY, TEXAS § TINA PERRY § § 134TH JUDICIAL DISTRICT DIRECT QUESTIONS TO BE PROPOUNDED TO THE CUSTODIAN OF RECORDS FOR: EZ MED GROUP LLC from 04/08/2019 t0 Present 1. What isyour fullname, address and telephone number? Answer: 2. Iam the custodian of records for: name 0f your (Please insert the facility) 3. Did you receive a subpoena for the production 0f recordsWhich pertain t0BRIANA BONES? Answer: 4. Are the records Subpoena Duces Tecum, pertaining as outlined in the toBRIANA BONES, inyour custody 0r subject t0 your control, supervision 0r direction? Answer: 5. D0 you understand the subpoena requests allthe records and documents pertaining t0 BRIANA BONES and is not limited t0 records and documents related t0 the incident, injury 0r illness which forms the basis 0f this lawsuit nor limited in scope 0r is it time as t0 the record 0r document, unless otherwise specified Within the subpoena? Answer: 6. Were thesememoranda, reports, records, and/or data compilationsmade or caused t0 bemade by the above -mentioned facility? Answer: 7. Please state Whether 0r notitwas above-mentioned in the regular course 0f business of the person With knowledge facility for a 0f the diagnoses recorded to acts, events, conditions, opinions, 0r make the record 0r t0 transmit information thereof to be included in such record. Answer: Compex Order N0. TX0029795-001 Page 1of3 Were the entries 0f memoranda, reports, records, and/or data compilations made time 0f the transaction at 0r shortly after the recorded 0n these entries? Answer: Were these entriesmade and kept in the regular courseof business? Answer: 10. Was themethod of preparation 0f these records trustworthy? Answer: 11. BRIANA BONES. Please attach t0 this deposition exact duplicates of the records as described in the subpoena pertaining t0 Have you done as requested? If not, please explainWhy you have not. Answer: 12. Are the copies which you have attached to this deposition, atrue and correct copy of the original records as requestedin the subpoena pertaining t0 BRIANA BONES? Answer: 13. n0 records can be found, are there document archives (i.e. microfiche) 0r document retention policies, Which In the event that explain their absence? who has knowledge 0f those archives or policies for the above listed. If yes, please identify Answer: 14. Are you aware 0f any other facility, entity, hospital, clinic, sanitarium, physician, chiropractor, psychologist, psychiatrist, 0r osteopath, that may have records pertaining t0 BRIANA BONES? If so, please state the name and address 0f such entity and describe briefly what records they may possess. Answer: 15. Have you been requested, directed or hasiteven been suggested by any person (whether employer, employee, lawyer, patient or anyone else) that any part of the records subj ect t0 this deposition be withheld or protected from discovery for any reason? If name and so, please state the address of the person Who conveyed this information to you and When such event occurred. Answer: 16. D0 you have any reason t0 believe have been edited, purged, culled 0r in any other that the records subject t0 this deposition manner made differentfrom the way such records existed when created? your knowledge 0r belief in that If so, please explain regard. Answer: Compex Order N0. TX0029795-001 Page 2 of 3 17. Are you aware that it may be necessary t0 subpoena you 0r your employer t0 court at the time 0f the trial 0f this case, if you have NOT provided t0 the notary public taking your deposition, all papers documents, records, correspondence, 0r tangible matters of any kind pertaining toBRIANA BONES as dictated by the attached subpoena? Answer: Please describe any service(s) thatEZ Med Group, LLC has provided t0 Briana Bones from 4/8/2019 t0 the present? Answer: Please describe any service(s) thatEZ Med Group, LLC has provided t0 Lakewood Anesthesia, PLLC (including but not management services, and contracting anesthesia personnel) l—imited t0 billing services, in regard to Lakewood Anesthesia, PLLC’ s treatment 0f Briana Bones from 4/8/2019 t0 the present? Answer: Please describe any payment that EZ Med Group, LLC has received 1n regard to the provision of anesthesia services in—V01Ving BrianaBones 0n 08/08/2019? Answer: Please describe any service(s) thatEZ Med Group, LLC has provided t0 any anesthesiologist 0r nurse anesthetist(CNRA) and management services) (—including but not limited t0 billing services in regard t0 their provision0f anesthesia for procedures performed by Epic Pain & Orthopedics involving Briana Bones 0n 08/08/201 9? Answer: Please identify any employment 0r position Pamela Hockert had with EZ Med Group, LLC 0n 10/ 1 8/201 9? Answer: WITNESS (Custodian 0f Records) Before me, the undersigned authority, 0n this day personally appeared known t0me to be the person Whose name is subscribed t0 the foregoing instrument in the capacity therein stated,Who being first duly sworn, stated upon his/her oath that the answers t0 the foregoing questions are true and correct.Ifurther certify that the records attached hereto are exact duplicates 0f the original records. SWORN TO AND SUBSCRIBED before me this day of , 20 NOTARY PUBLIC Compex Order N0. TX0029795-001 Page 3 of 3 N0. DC-19-19878 § IN THE DISTRICT COURT OF BRIANA BONES § § vs. § DALLAS COUNTY, TEXAS § TINA PERRY § § 134TH JUDICIAL DISTRICT NOTICE OF INTENTION T0 TAKE DEPOSITION BY WRITTEN QUESTIONS To Plaintiff(s) by and through their attorney(s) of record: ADEWALE SHAMUSIDEE ODETUND To other party/parties by and through their attorney(s) of record: You will please take notice that twenty (20) days from the service of a copy hereof with attached questions, a deposition by written questions willbe taken of Custodian of Records for: EZ MED GROUP LLC before a Notary Public for Compex Legal Services, Inc. 3201 Cherry Ridge Drive, Suite B207, San Antonio, TX 78230-4825 or its designated agent, which deposition with attached questions may be used in evidence upon the trial of the above-styled and numbered cause pending in the above named court. Notice is further given that request is hereby made as authorized under Rules 176 and 200, Texas Rules of Civil Procedure, to the officer taking the deposition to issue a subpoena duces tecum and cause it to be served on the witness to produce 3. Any records 0r other documents, such as invoices, correspondence, agreements, or contracts, showing 0r describing any services EZ Med Group, LLC provided t0 Lakewood Anesthesia, PLLC (including but not limited t0 billing services, management services, and contracting anesthesia personnel) in regard to Lakewood Anesthesia, PLLC’s treatment of Briana Bones from 4/8/19 t0 the present. 4. Any documents (such as invoices, correspondence, e-mails, agreements, or contracts) showing EZ Med Group, bills, LLC is authorized t0 bill for any anesthesia 0r other healthcare services provided t0 Briana Bones from 4/8/2019 to the present by any other provider, including but not limited to Lakewood Anesthesia, PLLC or any anesthesiologist or nurse anesthetist (CRNA). 5. Any documents (invoices, checks, wire transfer documents, etc.) showing payments t0 EZ Med Group, LLC by anyone, including but not limited to Lakewood Anesthesia, PLLC, concerning Briana Bones from 4/8/2019 t0 the present. And t0 turn all such records over to the officer authorized t0 take this deposition so that photographic reproductions 0f the same may be made and attached t0 said deposition. STEPHANIE RHIMA SUSAN L. FLORENCE & ASSOCIATES 1201 ELM STREET, SUITE 5050 DALLAS, TX 75270 214-659-4300 FAX 214-659-4390 ATTORNEY FOR DEFENDANT STATE BAR#: 24102406 -r :5 A L(JMWW'H f Mantras:— I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to all Counsel of Record by hand delivery, FAX, and/or certified mail, return receipt requested, on this day. Dated: 8/20/20 fig.‘ Phomf. ,fmln’w—QD— Compex Order N0. TX0027781-012 EMAIL: TEXASCS@COMPEXLEGAL.COM N0. DC-19-19878 § 1N THE DISTRICT COURT 0F BRIANA BONES § § vs. § DALLAS COUNTY, TEXAS § TINA PERRY § § 134TH JUDICIAL DISTRICT DIRECT QUESTIONS TO BE PROPOUNDED TO THE CUSTODIAN OF RECORDS FOR: EZ MED GROUP LLC From 04/08/2019 t0 Present Records Pertaining T0: Briana Bones Requested Records: 3. Any records or other documents, such as invoices, correspondence, agreements, 0r contracts, showing 0r describing any services EZ Med Group, LLC provided t0 Lakewood Anesthesia, PLLC (including but not limited t0 billing services, management services, and contracting anesthesia personnel) in regard t0 Lakewood Anesthesia, PLLC’s treatment of Briana Bones from 4/8/19 t0 the present. 4. Any documents (such as invoices, bills, correspondence, e-mails, agreements, 0r contracts) showing EZ Med Group, LLC is authorized to bill for any anesthesia 0r other healthcare services provided to Briana Bones from 4/8/2019 t0 the present by any other provider, including but not limited to Lakewood Anesthesia, PLLC 0r any anesthesiologist or nurse anesthetist (CRNA). 5. Any documents (invoices, checks, wire transfer documents, etc.) showing payments t0 EZ Med Group, LLC by anyone, including but not limited to Lakewood Anesthesia, PLLC, concerning Briana Bones from 4/8/2019 t0 the present. Pursuant to TRCP 200: You have been served with a Subpoena Duces Tecum. In accordance with this Subpoena, you are to provide Please note that answers such as “See Attached” or “Not Applicable” may be deemed unacceptable responses to the below listed questions. and may result in the attorney issuing a Subpoena for you to appear at a designated location and/or Court. 1. Please state your full name. Answer: 2. Please stateby whom you are employed and the business address. Answer: 3. What isthe of your position or job? title Answer: 4. Are these memorandum, reports, records, 0r data compilations, outlined in the subpoena duces tecum, pertaining t0 the above- named person, inyour custody 0r subj ect t0 your control, supervision or direction? Answer: 5. Are you able of the originals? to identify these billing records as the originals or true copies Answer: Compex Order No. TX0029795'002 Page 1of 4 Please hand t0 the Officer taking this deposition copies 0f the billing records mentioned in Question N0. 4. Have you done so? Why? If not, Answer: Are the copies which you handed to theOfficer taking and correct copies 0f this deposition true allsuch billing records? Answer: Were such billing records kept in the regular courseof business of thisfacility? Answer: Were the entrieson these records made ator shortly after the time 0f the transaction recorded? Answer: 10. Please state whether or notitwas the regular course of business of the above mentioned facility for a person Withknowledge of make the acts, events, conditions, opinion, or diagnoses, recorded to the record or t0 transmit information thereof to be included in such record. Answer: 11. As part of your job, your responsibility to manage accounts receivable from those patients treated by your is it facility? Answer: 12. Did you or your facilityprovide medical treatment to Briana Bones ? Answer: 13. How much did you 0r your facility bill for the medical treatment provided t0 Briana Bones ? Answer: 14. Has your facilitybeen paid for the medical treatment provided t0Briana Bones ? Answer: 15. What isthe amount actually paid t0 your medical treatment provided to Briana Bones facility for the regardless 0f the source? Answer: 16. Of the totalamount charged for medical treatment t0 Briana Bones , how much was written off, discounted 0r adjusted for any reason? Answer: 17. Of the totalamount billed for medical treatment to Briana Bones , What isthe current balance? Answer: 18. Have you attached a complete itemized bill0f services provided and alladjustments t0 the bill? Answer: 19. Are the kept in the regular course of business? bills for these services Answer: Compex Order No. TX0029795'002 Page 2 of 4 20. Please fill in the following blanks With the requested information concerning medical treatment provided t0 Briana Bones : A. TOTAL AMOUNT FOR ALL MEDICAL BILLED: ANSWER: B. TOTAL AMOUNT PAID BY PRIVATE INSURER: ANSWER: C. TOTAL AMOUNT PAID BY MEDICARE/MEDICAID: ANSWER: D. TOTAL AMOUNT PAID BY Briana Bones : ANSWER: E.TOTAL AMOUNT WRITTEN OFF, DISCOUNTED OR ADJUSTED: ANSWER: F.TOTAL AMOUNT STILL OWED AND BY WHOM: ANSWER: Please describe any service(s) thatEZ Med Group, LLC has provided to Briana Bones from 4/8/2019 to the present? Answer: _ Please describe any service(s) thatEZ Med Group, LLC management services, and contracting limited t0 billing services, has provided t0 Lakewood anesthesia personnel) Anesthesia, PLLC (including but not Lakewood Anesthesia, PLLC’s in regard t0 treatment of Briana Bones from 4/8/2019 t0 the present? Answer: _ Please describe any payment that involving Briana Bones 0n 08/08/2019? EZ Med Group, LLC has received in regard t0 the provision 0f anesthesia services Answer: _ Please describe any service(s) thatEZ Med Group, LLC has provided to any anesthesiologist or nurse anesthetist management services) (including but not limited to billing services and in regard t0 their provision (CNRA) 0f anesthesia for procedures performed by Epic Pain & Orthopedics involving Briana Bones on 08/08/2019? Answer: Please identify any employment 0r position Pamela Hockert had with EZ Med Group, LLC 0n 10/ 1 8/2019? Answer: WITNESS (Custodian of Records) Compex Order No. TX0029795'002 Page 3 of 4 Before me, the undersigned authority, 0n this day personally appeared , known t0me t0 be the person Whose name is subscribed to the foregoing instrument in the capacity therein stated,Who being first duly sworn, stated upon his/her oath that the answers t0 the foregoing questions are true and correct. GIVEN UNDER MY HAND AND SEAL OF OFFICE 0n this the day of , NOTARY PUBLIC Compex Order No. TX0029795'002 Page 4 of 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. Amy Peacock on behalf of Adewale Odetunde Bar No. 24088146 amy.peacock@witheritelaw.com Envelope ID: 4561 1956 Status as of 8/24/2020 9:18 AM CST Associated Case Party: BRIANA BONES Name BarNumber Email TimestampSubmitted Status Adewale WaleOdetunde Adewale.Odetunde@witheritelaw.com 8/21/2020 5:36:54 PM SENT Associated Case Party: TINA PERRY Name BarNumber Email TimestampSubmitted Status Stephanie Rhima DallasLegal@allstate.com 8/21/2020 5:36:54 PM SENT Stephanie Rhima stephanie.rhima@allstate.com 8/21/2020 5:36:54 PM SENT