On December 17, 2019 a
Order
was filed
involving a dispute between
Canales, Raul J,
Rosales Gonzalez, Ezequiel,
and
Macias, Sebastian S,
Ms Transportation, Llc,
for Injury or Damage - Motor Vehicle (OCA)
in the District Court of Hidalgo County.
Preview
Electronically Filed
12/1/2020 5:20 PM
Hidalgo County District Clerks
Reviewed By: Aaron Castaneda
CAUSE NO. C-5246-l9-D
RAUL J. CANALES and § IN THE DISTRICT COURT
EZEQUIEL ROSALES GONZALEZ §
Plainufls‘, §
§
V. §
206*“ JUDICIAL DISTRICT
§
MS TRANSPORTATION, LLC and §
SEBASTIAN S. MACIAS -§
Defendants. § HIDALGO COUNTY, TEXAS
ORDER FOR INDEPENDENT MEDICAL EXAMINATION 0F
PLAINTIFFS RAUL J. CANALES AND EZEQUIEL ROSALES GONZALEZ
BE IT REMEMBERED THAT on this 19th day of November ,2020 came on
to be considered Defendants MS Transportation, LLC and Sebastian S. Macias ’s
Motion to Compel
the Independent Physical Examination ofPlaintiffs' Raul J. Canales and Ezequiel Rosales Gonzales.
The Court having read the pleadings and considered the motion and the response, if any, isof the
opinion that good cause exists for the granting of such motion and that the motion is in all things
good and should be granted;
IT IS THEREFORE, ORDERED, ADJUDGED, AND DECREED that Plaintiffs Raul J.
Canales and Ezequiel Rosales Gonzalez shall submit to a medical and physical examination
performed by Dr. Charles W. Kennedy Jr., MD at a date and time to be agreed upon by the parties at
Dr. Charles W. Kennedy’s office located at 441 l Walzem Road, Suite 108, San Antonio, Texas
78218.
IT IS FURTHER, ORDERED, ADJUDGED, AND DECREED that the examination is
limited to a physical examination and no radiology or invasive testing isto occur. Studies and/or
examinations ordinarily considered part ofan orthopedic examination and which are also relevant or
Electronically Filed
12/1/2020 5:20 PM
Hidalgo County District Clerks
Reviewed By: Aaron Castaneda
reasonably medically necessary to evaluate the Plaintiffs’ medical condition from the perspective of
Dr. Charles W. Kennedy Jr., MD will be allowed; while studies and/or examinations outside this scope
will not be allowed. Dr. Kennedy shall be allowed to complete the examination of the alleged
conditions in controversy of the Plaintiffs within the scope identified. Plaintiffs must not be
interviewed beyond the questions required in any physical examination; nor will Plaintiffs be
required to fill out any forms.
Defendants must bear the costs ofthe examinations, plus Plaintiffs’ reasonable travel expenses
(e.g.,the IRS mileage rate for travel from Plaintiffs’ home).
The examination shall not be videotaped or audiotaped and shall include the respective
Plaintiff, Dr. Charles W. Kennedy Jr., MD and his staff only.
A copy ofDr. Kennedy’s detailed, written reports, will be supplied to Plaintiffs’ counsel free of
charge within l4 days of the examination. All underlying data developed or recorded during each
examination will be produced to Plaintiffs’ counsel within 7 days of said examination.
2nd of December, 2020
SIGNED this day of ,2020.
JUDGE PRESIDING
Electronically Filed
12/1/2020 5:20 PM
Hidalgo County District Clerks
Reviewed By: Aaron Castaneda
APPROVED AS T0 FORM:
JIM S. ADLER AND ASSOCIATES
1900 West Loop South, 20th Floor
Houston, Texas 77027
Tel: (713) 735-21 l4
By: MM”
Fax: (713) 781-2514
LANGDON “Trey” SMITH
State Bar No. 00797456
Ismithfilfiimadlencom
NICHOLAS A. MONROE
State Bar N0. 24] 089 l7
nmonroe-“tfii imadler.corn
ATTORNEYS FOR PLAINTIFFS
CHAVES, OBREGON & PERALES, L.L.P.
802 North Carancahua, Suite 2100
Corpus Christi, Texas 78401
(361) 884-5400
(361) 884-54
By:
DOBfiLAs
State
E. CHAVES
Bar No. 041 6140
f
dchavesflccoplawfirm.com
AIDAN PERALES
State Bar No. 24027604
aperalesflcoplawfinn .com
ATTORNEY DEFENDANTS,
MS TRANSPORTATION, LLC and
SEBASTIAN S. MACIAS
Document Filed Date
December 02, 2020
Case Filing Date
December 17, 2019
Category
Injury or Damage - Motor Vehicle (OCA)
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Preview
Electronically Filed 12/1/2020 5:20 PM Hidalgo County District Clerks Reviewed By: Aaron Castaneda CAUSE NO. C-5246-l9-D RAUL J. CANALES and § IN THE DISTRICT COURT EZEQUIEL ROSALES GONZALEZ § Plainufls‘, § § V. § 206*“ JUDICIAL DISTRICT § MS TRANSPORTATION, LLC and § SEBASTIAN S. MACIAS -§ Defendants. § HIDALGO COUNTY, TEXAS ORDER FOR INDEPENDENT MEDICAL EXAMINATION 0F PLAINTIFFS RAUL J. CANALES AND EZEQUIEL ROSALES GONZALEZ BE IT REMEMBERED THAT on this 19th day of November ,2020 came on to be considered Defendants MS Transportation, LLC and Sebastian S. Macias ’s Motion to Compel the Independent Physical Examination ofPlaintiffs' Raul J. Canales and Ezequiel Rosales Gonzales. The Court having read the pleadings and considered the motion and the response, if any, isof the opinion that good cause exists for the granting of such motion and that the motion is in all things good and should be granted; IT IS THEREFORE, ORDERED, ADJUDGED, AND DECREED that Plaintiffs Raul J. Canales and Ezequiel Rosales Gonzalez shall submit to a medical and physical examination performed by Dr. Charles W. Kennedy Jr., MD at a date and time to be agreed upon by the parties at Dr. Charles W. Kennedy’s office located at 441 l Walzem Road, Suite 108, San Antonio, Texas 78218. IT IS FURTHER, ORDERED, ADJUDGED, AND DECREED that the examination is limited to a physical examination and no radiology or invasive testing isto occur. Studies and/or examinations ordinarily considered part ofan orthopedic examination and which are also relevant or Electronically Filed 12/1/2020 5:20 PM Hidalgo County District Clerks Reviewed By: Aaron Castaneda reasonably medically necessary to evaluate the Plaintiffs’ medical condition from the perspective of Dr. Charles W. Kennedy Jr., MD will be allowed; while studies and/or examinations outside this scope will not be allowed. Dr. Kennedy shall be allowed to complete the examination of the alleged conditions in controversy of the Plaintiffs within the scope identified. Plaintiffs must not be interviewed beyond the questions required in any physical examination; nor will Plaintiffs be required to fill out any forms. Defendants must bear the costs ofthe examinations, plus Plaintiffs’ reasonable travel expenses (e.g.,the IRS mileage rate for travel from Plaintiffs’ home). The examination shall not be videotaped or audiotaped and shall include the respective Plaintiff, Dr. Charles W. Kennedy Jr., MD and his staff only. A copy ofDr. Kennedy’s detailed, written reports, will be supplied to Plaintiffs’ counsel free of charge within l4 days of the examination. All underlying data developed or recorded during each examination will be produced to Plaintiffs’ counsel within 7 days of said examination. 2nd of December, 2020 SIGNED this day of ,2020. JUDGE PRESIDING Electronically Filed 12/1/2020 5:20 PM Hidalgo County District Clerks Reviewed By: Aaron Castaneda APPROVED AS T0 FORM: JIM S. ADLER AND ASSOCIATES 1900 West Loop South, 20th Floor Houston, Texas 77027 Tel: (713) 735-21 l4 By: MM” Fax: (713) 781-2514 LANGDON “Trey” SMITH State Bar No. 00797456 Ismithfilfiimadlencom NICHOLAS A. MONROE State Bar N0. 24] 089 l7 nmonroe-“tfii imadler.corn ATTORNEYS FOR PLAINTIFFS CHAVES, OBREGON & PERALES, L.L.P. 802 North Carancahua, Suite 2100 Corpus Christi, Texas 78401 (361) 884-5400 (361) 884-54 By: DOBfiLAs State E. CHAVES Bar No. 041 6140 f dchavesflccoplawfirm.com AIDAN PERALES State Bar No. 24027604 aperalesflcoplawfinn .com ATTORNEY DEFENDANTS, MS TRANSPORTATION, LLC and SEBASTIAN S. MACIAS