Preview
Tuesday, March 14, 2017 at 9:45:45 AM Central Daylight Time
St228TOLT=
Subject: RE: Carla Harvey v Daybreak SENT ON BEHALF OF WESLEY R. VASQUEZ
Date: Wednesday, March 1, 2017 at 8:35:28 AM Central Standard Time
From: Jim McCoy
To: Wes Vasquez
Daybreak is making the necessary disclosure to the guardian about the records. So we’re moving forward.
Pll let you know when | hear back from them again.
James McCoy, PC
The McCoy Law Firm
2400 Coit Rd., Suite 560
Dallas, TX 75251
(214) 292-2603
(214) 203-0351 fax
E-mail Iim@mecoylawec,com
Privileged or conficlential inforrnation may be contained in this message. If you have received it in error, you may not forward, copy or
deliver this message to anyone or disclose its contents to any other person, To do so could violate state and Federal privacy laws. IF
you cre not the intended recipient, please destroy this message and kindly notify the sender by reply email, Thank you for your
cooperation. Although this email and any attachments are believed to be free of any virus or other defect that might atfect any
computer sysiem into which it is received or opened, itis the responsibility of the recipient fo ensure that it is virus free and no.
responsibility is accepted by sender for any damage or loss arising in any way from its use.
- - a oe ae
From: Wes Vasquez [mailto:wvasquez@anthony-peterson.com]
Sent: Tuesday, February 28, 2017 3:51 PM
To: Jim McCoy
Cc: Desda Tansey
Subject: Re: Carla Harvey v Daybreak SENT ON BEHALF OF WESLEY R. VASQUEZ
Jim,
Any word since we last corresponded?
Sincerely,
Wesley R. Vasquez
Wes.ey R. VASQUEZ
Attorney
ihe Wy 500 N. Water Street, Suite 1000
foGlars Corpus Christi, TX 78401
ph 361 687 1000 | fax 361 6871010 | 800
280 2990
www.anthony-peterson.com
‘Aitorney-Client Privileged, Aitorney Work Product, and Confidemial information may be contained in this message. If yon are not the addressee indicated
ir this message (or responsible for delivery of the message to such person), var may nat copy or deliver this mnessage to anyone In such case, you should
destroy this message and kindly notift the sender by reply email. Please advise tmmediately if vou ar your employer does not consent to hiternet email for
messages of this kind.
From: Jim McCoy
Date: Monday, February 20, 2017 at 3:20 PM
Exner
3 Page 1 of4
To: Wes Vasquez
Subject: RE: Carla Harvey v Daybreak SENT ON BEHALF OF WESLEY R. VASQUEZ
I'm supposed to get an answer tomorrow.
Jim
From: Wes Vasquez [mailto:wvasquez@anthony-peterson.com]
Sent: Monday, February 20, 2017 9:12 AM
To: Jim McCoy
Cc: Desda Tansey
Subject: Re: Carla Harvey v Daybreak SENT ON BEHALF OF WESLEY R. VASQUEZ
Jim,
Any word since we last talked? Like I have said, we would like to avoid the hearingif at all possible, but we can’t delay this matter
longer than we already have and may need to move forward with the hearing. Can you let me know where things stand with your
client?
Sincerely,
Wesley R. Vasquez
Wesley R. Vasquez
Attorney
AP
WEP ay 500 N. Water Street, Suite 1000
or out Corpus Christi, TX 78401
os ph 361 687 1000 | fax 361 6871010 | 800
280 2990
“Attorney-Client Privileged, ditorney Work Product, and Confidential information may be contained in this message. [f you are not the addressee indicated
iin this message (or responsible for delivery of the message to such person). you may nat copy or deliver this message 10 anyone. In such case, you should
destroy this message and kindly notify the sender by reply email. Please advise iumediately if yon or your employer does not consein to Internet entail for
messages of this kind.
From:sim McCoy
Date: Wednesday, February 8, 2017 at 1:27 PM
To: Wes Vasquez
Subject: RE: Carla Harveyv Daybreak SENT ON BEHALF OF WESLEY R. VASQUEZ
| don’t have a response. | have followed up on it though.
James McCoy, PC
The McCoy Law Firm
12400 Coit Rd., Suite 560
Dallas, TX 75251
(214) 292-2603
(214) 203-0351 fax
Email: jim@mecoylawac.com
Privileged or confidential information may be contained in this message. If you have received it in error, you may not forward, copy or
deliver this message to anyone or disclose its contents to any olher person. To do so could violate state and Federal privacy laws. IF
you are not the intended recipient, please destroy this message and kindly notify ihe sender by reply emall, Thank you for your
cooperation. Although this email and any atlachments are believed io be free of any virus or other defect that might affect any
computer system into which i is received or opened, it is the responsibility of the recipient to ensure that it is virus free and no
Page2 of4
responsibility is accepled by sender for any damage or loss arising in any way from its use.
From: Wes Vasquez mailto: asquez@anthony-peterson.com
Sent: Wednesday, February 8, 2017 12:06 PM
To: Jim McCoy
Cc; Desda Tansey
Subject: Re: Carla Harvey v Daybreak SENT ON BEHALF OF WESLEY R. VASQUEZ
Jim,
Any word on the proposed protective order from your folks?
Sincerely,
Wesley R. Vasquez
Wesley R. Vasquez
Attorney
AP
i mt way 500 N. Water Street, Suite 1000
Ha . Corpus Christi, TX 78401
. ph 361 687 1000 | fax 361 6871010 | 800
280 2990
www.anthony-peterson.com
‘Atiorney-Client Priviteged, Attorney Work Product. and Confidential information may be containedwr this message. you are wot the addressee medicated
in thts message (or responsible for delivery of the message 10 such person), you mary not copy or deliver this message fo aunone. In such case, you should
destroy this message and kindly notif the sender by reply email. Please advise immediately if you or your employer does nor consent fo Internet emeil for
messages of this Kind.
From: Jim McCoy
Date: Monday, January 30, 2017 at 8:34 AM
To: Wes Vasquez
Subject: RE: Carla Harvey v Daybreak SENT ON BEHALF OF WESLEY R. VASQUEZ
Got your vaice mail too. I'll give you a cail this morning.
James McCoy, PC
The McCoy Law Firm
2400 Coil Rd., Suite 560
Dallas, TX 75251
(214) 292-2603
(214) 203-0351 fax
E-mail: jim@mccoylawpc.com
Privileged or confidential information may be contained in this message. If you have received it in error, you may not forward, copy or
deliver Ihis message to anyone or disclose its contents fo any other person. To do so could violate state and Federal privacy laws. If
you are not the intended recipient, please destroy this message and kindly nofify the sender by reply email. Thank you for your
cooperation, Although this email and any attachments are believed to be free of any virus or other defect that might affect any
computer system into which it is received or opened, it is the responsibility of the recipient to ensure that it is virus free and no.
responsibilily is accepted by sender for any damage or loss arising in any way from its use.
Page 3 of4
From: Wes Vasquez [mailto: asquez@anthony-peterson.com
Sent: Friday, January 27, 2017 3:39 PM
To: Jim McCoy
Cc: Desda Tansey
Subject: FW: Carla Harvey v Daybreak SENT ON BEHALF OF WESLEY R. VASQUEZ
Jim,
Please give me a call regarding the attached proposed agreed order, | want to touch base with you and get your thoughts before we
file any motion with the court. | would like to work this out if at all possible.
Sincerely,
Wesley R. Vasquez
Wesley R. Vasquez
Attorney
AP
ot tT We 500 N. Water Street, Suite 1000
Corpus Christi, TX 78401
ph 361 687 1000 | fax 361 6871010 | 800
280 2990
www.anthony-peterson.com
Attorney-Client Privileged, Attorney Work Product, and Confidential information may be contained in this wessage. [yon are not the addressee indicated
in this message (or responsible for delivery of the message to such person), vou may not copy or deliver this message fo curvone. fix such case. you shonld
destroy this message ard kindly notgsi the sender By reply entail. Please advise immediately ifyou or your employer does not consent to Internet email for
messages of this kind.
From: Desda Tansey
Date: Monday, January 9, 2017 at 2:20 PM
To: "jim@mccoylawpc.com”
Cc: Wes Vasquez
Subject: Re: Carla Harvey v Daybreak SENT ON BEHALF OF WESLEY R. VASQUEZ
Mr. McCoy,
Please see attached correspondence. If you have any questions, do not hesitate to contact us. Thank you.
Desda Tansey
Paralegal to Brett Anthony
Anthony & Peterson, L.L.P.
500 N. Water St., Ste. 1000
Corpus Christi, Texas 78401
361.687.1000 (phone)
361.687.1010 (fax)
Attorney-Cliem Privileged, Attorney Work Product, and Confidential information may be contained in this message. Ifyou are wot the addressee indicened in this
message (or responsible for delivery ofthe message to such person), you inay' not copy or deliver this message to anyone. Iu such case, you shold desiray’ this
anessage and kindly nouife the sender by reply email. Please advise inmediately fou or your employer does not consent to fnternet esncnl for messages of this
kind.
Page
4 of 4
anthony
peterson.
ATTORNEYS AT LAW
WESLEY R. VASQUEZ wvasquez@anthony-peferson.com
January 9, 2017
VIA email: jim@mecoylawpc.com
Mr. James M. McCoy
The McCoy Law Firm
12400 Coit Road, Suite 560
Dallas, Texas 75251
Re: Cause No. 342-287627-16; Marquise Martin, individually and as Personal
Representative of the Estate of Carla Harvey, Deceased, v. Daybreak
Community Services, inc.; In the 342" Judicial District Court of Tarrant
County, Texas.
Dear Mr. McCoy:
In reviewing your responses to the Requests for Production we served on
Daybreak Community Services, Inc., we noticed that in regard to Requests for
Production Nos. 1, 7, and 8 you objected on the following grounds:
“Defendant objects to this request in that it seeks Defendant to disclose
confidential personal information regarding the subject resident and his medical
conditions. It is therefore an invasion of privacy into the subject resident, a right
to which Defendant cannot waive.”
It is our understanding that 45 C.F.R. § 164.512(e) allows disclosure of protected
health information in response to a discovery request, even absent a Court Order, if the
covered entity receives satisfactory assurance that the requesting party has made
reasonable efforts to secure a qualified protective order that provides that the parties (a)
will not use or disclose the information for purposes other than the pending proceeding,
and (b) will destroy the information at the end of the litigation or proceeding. See 45
C.F.R. § 164.512(c)(1)(ii),(v).
To that end, and in an effort to avoid the need for a Motion to Compel and
hearing, we have attached an agreed order compliant with the foregoing statutes which
would allow your client to permissibly produce and for us to legally obtain the health
information of the resident at issue.
If the foregoing is acceptable to you, please sign the enclosed Agreed Order
where indicated and we will file same so that it may be signed and entered by the Court,
tf we do not hear from you by January 19, 2017, we will assume that you are opposed
to the attached order and we will proceed with a Motion to Compel.
Please feel free to contact our office if you have any questions or concerns
regarding the above,
Sincerely,
~
Wesley ‘asq
Preview
Tuesday, March 14, 2017 at 9:45:45 AM Central Daylight Time St228TOLT= Subject: RE: Carla Harvey v Daybreak SENT ON BEHALF OF WESLEY R. VASQUEZ Date: Wednesday, March 1, 2017 at 8:35:28 AM Central Standard Time From: Jim McCoy To: Wes Vasquez Daybreak is making the necessary disclosure to the guardian about the records. So we’re moving forward. Pll let you know when | hear back from them again. James McCoy, PC The McCoy Law Firm 2400 Coit Rd., Suite 560 Dallas, TX 75251 (214) 292-2603 (214) 203-0351 fax E-mail Iim@mecoylawec,com Privileged or conficlential inforrnation may be contained in this message. If you have received it in error, you may not forward, copy or deliver this message to anyone or disclose its contents to any other person, To do so could violate state and Federal privacy laws. IF you cre not the intended recipient, please destroy this message and kindly notify the sender by reply email, Thank you for your cooperation. Although this email and any attachments are believed to be free of any virus or other defect that might atfect any computer sysiem into which it is received or opened, itis the responsibility of the recipient fo ensure that it is virus free and no. responsibility is accepted by sender for any damage or loss arising in any way from its use. - - a oe ae From: Wes Vasquez [mailto:wvasquez@anthony-peterson.com] Sent: Tuesday, February 28, 2017 3:51 PM To: Jim McCoy Cc: Desda Tansey Subject: Re: Carla Harvey v Daybreak SENT ON BEHALF OF WESLEY R. VASQUEZ Jim, Any word since we last corresponded? Sincerely, Wesley R. Vasquez Wes.ey R. VASQUEZ Attorney ihe Wy 500 N. Water Street, Suite 1000 foGlars Corpus Christi, TX 78401 ph 361 687 1000 | fax 361 6871010 | 800 280 2990 www.anthony-peterson.com ‘Aitorney-Client Privileged, Aitorney Work Product, and Confidemial information may be contained in this message. If yon are not the addressee indicated ir this message (or responsible for delivery of the message to such person), var may nat copy or deliver this mnessage to anyone In such case, you should destroy this message and kindly notift the sender by reply email. Please advise tmmediately if vou ar your employer does not consent to hiternet email for messages of this kind. From: Jim McCoy Date: Monday, February 20, 2017 at 3:20 PM Exner 3 Page 1 of4 To: Wes Vasquez Subject: RE: Carla Harvey v Daybreak SENT ON BEHALF OF WESLEY R. VASQUEZ I'm supposed to get an answer tomorrow. Jim From: Wes Vasquez [mailto:wvasquez@anthony-peterson.com] Sent: Monday, February 20, 2017 9:12 AM To: Jim McCoy Cc: Desda Tansey Subject: Re: Carla Harvey v Daybreak SENT ON BEHALF OF WESLEY R. VASQUEZ Jim, Any word since we last talked? Like I have said, we would like to avoid the hearingif at all possible, but we can’t delay this matter longer than we already have and may need to move forward with the hearing. Can you let me know where things stand with your client? Sincerely, Wesley R. Vasquez Wesley R. Vasquez Attorney AP WEP ay 500 N. Water Street, Suite 1000 or out Corpus Christi, TX 78401 os ph 361 687 1000 | fax 361 6871010 | 800 280 2990 “Attorney-Client Privileged, ditorney Work Product, and Confidential information may be contained in this message. [f you are not the addressee indicated iin this message (or responsible for delivery of the message to such person). you may nat copy or deliver this message 10 anyone. In such case, you should destroy this message and kindly notify the sender by reply email. Please advise iumediately if yon or your employer does not consein to Internet entail for messages of this kind. From:sim McCoy Date: Wednesday, February 8, 2017 at 1:27 PM To: Wes Vasquez Subject: RE: Carla Harveyv Daybreak SENT ON BEHALF OF WESLEY R. VASQUEZ | don’t have a response. | have followed up on it though. James McCoy, PC The McCoy Law Firm 12400 Coit Rd., Suite 560 Dallas, TX 75251 (214) 292-2603 (214) 203-0351 fax Email: jim@mecoylawac.com Privileged or confidential information may be contained in this message. If you have received it in error, you may not forward, copy or deliver this message to anyone or disclose its contents to any olher person. To do so could violate state and Federal privacy laws. IF you are not the intended recipient, please destroy this message and kindly notify ihe sender by reply emall, Thank you for your cooperation. Although this email and any atlachments are believed io be free of any virus or other defect that might affect any computer system into which i is received or opened, it is the responsibility of the recipient to ensure that it is virus free and no Page2 of4 responsibility is accepled by sender for any damage or loss arising in any way from its use. From: Wes Vasquez mailto: asquez@anthony-peterson.com Sent: Wednesday, February 8, 2017 12:06 PM To: Jim McCoy Cc; Desda Tansey Subject: Re: Carla Harvey v Daybreak SENT ON BEHALF OF WESLEY R. VASQUEZ Jim, Any word on the proposed protective order from your folks? Sincerely, Wesley R. Vasquez Wesley R. Vasquez Attorney AP i mt way 500 N. Water Street, Suite 1000 Ha . Corpus Christi, TX 78401 . ph 361 687 1000 | fax 361 6871010 | 800 280 2990 www.anthony-peterson.com ‘Atiorney-Client Priviteged, Attorney Work Product. and Confidential information may be containedwr this message. you are wot the addressee medicated in thts message (or responsible for delivery of the message 10 such person), you mary not copy or deliver this message fo aunone. In such case, you should destroy this message and kindly notif the sender by reply email. Please advise immediately if you or your employer does nor consent fo Internet emeil for messages of this Kind. From: Jim McCoy Date: Monday, January 30, 2017 at 8:34 AM To: Wes Vasquez Subject: RE: Carla Harvey v Daybreak SENT ON BEHALF OF WESLEY R. VASQUEZ Got your vaice mail too. I'll give you a cail this morning. James McCoy, PC The McCoy Law Firm 2400 Coil Rd., Suite 560 Dallas, TX 75251 (214) 292-2603 (214) 203-0351 fax E-mail: jim@mccoylawpc.com Privileged or confidential information may be contained in this message. If you have received it in error, you may not forward, copy or deliver Ihis message to anyone or disclose its contents fo any other person. To do so could violate state and Federal privacy laws. If you are not the intended recipient, please destroy this message and kindly nofify the sender by reply email. Thank you for your cooperation, Although this email and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received or opened, it is the responsibility of the recipient to ensure that it is virus free and no. responsibilily is accepted by sender for any damage or loss arising in any way from its use. Page 3 of4 From: Wes Vasquez [mailto: asquez@anthony-peterson.com Sent: Friday, January 27, 2017 3:39 PM To: Jim McCoy Cc: Desda Tansey Subject: FW: Carla Harvey v Daybreak SENT ON BEHALF OF WESLEY R. VASQUEZ Jim, Please give me a call regarding the attached proposed agreed order, | want to touch base with you and get your thoughts before we file any motion with the court. | would like to work this out if at all possible. Sincerely, Wesley R. Vasquez Wesley R. Vasquez Attorney AP ot tT We 500 N. Water Street, Suite 1000 Corpus Christi, TX 78401 ph 361 687 1000 | fax 361 6871010 | 800 280 2990 www.anthony-peterson.com Attorney-Client Privileged, Attorney Work Product, and Confidential information may be contained in this wessage. [yon are not the addressee indicated in this message (or responsible for delivery of the message to such person), vou may not copy or deliver this message fo curvone. fix such case. you shonld destroy this message ard kindly notgsi the sender By reply entail. Please advise immediately ifyou or your employer does not consent to Internet email for messages of this kind. From: Desda Tansey Date: Monday, January 9, 2017 at 2:20 PM To: "jim@mccoylawpc.com” Cc: Wes Vasquez Subject: Re: Carla Harvey v Daybreak SENT ON BEHALF OF WESLEY R. VASQUEZ Mr. McCoy, Please see attached correspondence. If you have any questions, do not hesitate to contact us. Thank you. Desda Tansey Paralegal to Brett Anthony Anthony & Peterson, L.L.P. 500 N. Water St., Ste. 1000 Corpus Christi, Texas 78401 361.687.1000 (phone) 361.687.1010 (fax) Attorney-Cliem Privileged, Attorney Work Product, and Confidential information may be contained in this message. Ifyou are wot the addressee indicened in this message (or responsible for delivery ofthe message to such person), you inay' not copy or deliver this message to anyone. Iu such case, you shold desiray’ this anessage and kindly nouife the sender by reply email. Please advise inmediately fou or your employer does not consent to fnternet esncnl for messages of this kind. Page 4 of 4 anthony peterson. ATTORNEYS AT LAW WESLEY R. VASQUEZ wvasquez@anthony-peferson.com January 9, 2017 VIA email: jim@mecoylawpc.com Mr. James M. McCoy The McCoy Law Firm 12400 Coit Road, Suite 560 Dallas, Texas 75251 Re: Cause No. 342-287627-16; Marquise Martin, individually and as Personal Representative of the Estate of Carla Harvey, Deceased, v. Daybreak Community Services, inc.; In the 342" Judicial District Court of Tarrant County, Texas. Dear Mr. McCoy: In reviewing your responses to the Requests for Production we served on Daybreak Community Services, Inc., we noticed that in regard to Requests for Production Nos. 1, 7, and 8 you objected on the following grounds: “Defendant objects to this request in that it seeks Defendant to disclose confidential personal information regarding the subject resident and his medical conditions. It is therefore an invasion of privacy into the subject resident, a right to which Defendant cannot waive.” It is our understanding that 45 C.F.R. § 164.512(e) allows disclosure of protected health information in response to a discovery request, even absent a Court Order, if the covered entity receives satisfactory assurance that the requesting party has made reasonable efforts to secure a qualified protective order that provides that the parties (a) will not use or disclose the information for purposes other than the pending proceeding, and (b) will destroy the information at the end of the litigation or proceeding. See 45 C.F.R. § 164.512(c)(1)(ii),(v). To that end, and in an effort to avoid the need for a Motion to Compel and hearing, we have attached an agreed order compliant with the foregoing statutes which would allow your client to permissibly produce and for us to legally obtain the health information of the resident at issue. If the foregoing is acceptable to you, please sign the enclosed Agreed Order where indicated and we will file same so that it may be signed and entered by the Court, tf we do not hear from you by January 19, 2017, we will assume that you are opposed to the attached order and we will proceed with a Motion to Compel. Please feel free to contact our office if you have any questions or concerns regarding the above, Sincerely, ~ Wesley ‘asq