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CAUSE NO. 2017
SAM ALAM, IN THE DISTRICT COURT OF
PLAINTIFF,
ANDREW GOMES, MD, MAHENDRA
AGRAHARKAR, MD, AJAY CHOUDRY, MD, § OF HARRIS COUNTY, TEXAS
NATIONAL INTERVENTIONAL
RADIOLOGY PARTNERS, PLLC, NIRP
MANAGEMENT, LLC, NIRP PASADENA,
PLLC, NIRP SUGARLAND, PLLC,
DEFENDANTS. JUDICIAL DISTRICT
MOTION TO QUASH DEFENDANTS NOTICE OF INTENTION
TO TAKE DEPOSITION SAM ALAM
TO THE HONORABLE COURT:
COME NOW, Plaintiffs SAM ALAM & DRISONLINE.COM, INC. Plaintiffs”) and
le this Motion to Quash Defendants ANDREW GOMES, MD, MAHENDRA AGRAHARKAR,
, AJAY CHOUDHRY, MD, NATIONAL INTERVENTIONAL RADIOLOGY PARTNERS,
PLLC, NIRP MANAGEMENT, LLC, NIRP PASADENA, PLLC, NIRP SUGARLAND, PLLC
(collectively, Defendants Notice of Intention to Take Oral Deposition of Sam A (the
Second Notice”). Pursuant to Texas Rule of Civil Procedure 199.4, and in support thereof,
Plaintiffs respectfully show unto the Court as follows:
TRODUCTION & FACTS
On July 1, 2020, Defendants filed their deposition notice for Alam, setting his deposition
for Jul which was mutually agreed upon See Ex. A,
2. Then, without notice, Defendants filed an amended deposition notice on July 7, 20201 for
Alam on the same date, but attaching a subpoena duces tecum to the notice, requiring Alam to
produce 15 different sets of documents. See Ex. B, Second Notice.
3. Counsel for Defendants did not inquire with Counsel for Plaintiffs whether Plaintiffs would
agree to waive the 30-day notice requirement for a request for production of documents.
II. ARGUMENT AND AUTHORITIES
4. Plaintiffs may object to the Notice by filing a Motion to Quash within the third business
day after service of the Notice. TEX. R. CIV. P. R. 199.4.
5. The Notice was served on Defendants on July 7, 2020 and this Motion to Quash is being
filed on July 10, 2020, which is three business days after the Notice.
6. As a matter of law, the deposition of Alam is stayed until this Motion to Quash can be
determined. TEX. R. CIV. P. R. 199.4.
7. The Second Notice gave Alam less than 30 days to produce documents at his deposition,
which is an inadequate amount of time. Alam is entitled to 30 days to produce documents for his
deposition. TEX. R. CIV. P. 199.2(B)(5) & 196.2(A).
III. PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiffs, SAM ALAM &
DRISONLINE.COM, INC., respectfully request that the Court stay the Deposition of Sam Alam
pursuant to Texas Rule of Civil Procedure 199.4 until this motion can be determined.
1
The Second Notice states in the Certificate of Service that it was served on Plaintiffs on July 6, 2020, but the Second
Notice was indeed not actually served until July 7, 2020. See Ex. C, Notification of Service for Second Notice.
2
Respectfully submitted,
THE WELSCHER MARTINEZ LAW FIRM
/s/ Nicholas Martinez
Craig Welscher
TBN: 21167200
Nicholas T. Martinez
TBN: 24087986
1111 North Loop West, Suite 702
Houston, Texas 77008
Telephone: (713) 862-0800
Facsimile: (713) 862-4003
Email: nmartinez@twmlawfirm.com
ATTORNEYS FOR PLAINTIFFS
CERTIFICATE OF SERVICE
I hereby certify that I have reached out to opposing counsel regarding the contents of this
Motion and as of the time of filing and we are still discussing alternative arrangements and
resolution possibilities.
/s/ Nicholas Martinez
Nicholas Martinez
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing instrument was
forwarded to all known counsel of record in the manner required by the Texas Rules of Civil
Procedure, on this the 10th day of July, 2020.
Via Electronic Service
Liyue Huang-Sigle
National Interventional Radiology Partners, PLLC
3730 Kirby Drive, Ste. 1200
Houston, Texas 77098
Attorney for Defendants
/s/ Nicholas Martinez
Nicholas Martinez
3
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CAUSE NO. 2017 SAM ALAM, IN THE DISTRICT COURT OF PLAINTIFF, ANDREW GOMES, MD, MAHENDRA AGRAHARKAR, MD, AJAY CHOUDRY, MD, § OF HARRIS COUNTY, TEXAS NATIONAL INTERVENTIONAL RADIOLOGY PARTNERS, PLLC, NIRP MANAGEMENT, LLC, NIRP PASADENA, PLLC, NIRP SUGARLAND, PLLC, DEFENDANTS. JUDICIAL DISTRICT MOTION TO QUASH DEFENDANTS NOTICE OF INTENTION TO TAKE DEPOSITION SAM ALAM TO THE HONORABLE COURT: COME NOW, Plaintiffs SAM ALAM & DRISONLINE.COM, INC. Plaintiffs”) and le this Motion to Quash Defendants ANDREW GOMES, MD, MAHENDRA AGRAHARKAR, , AJAY CHOUDHRY, MD, NATIONAL INTERVENTIONAL RADIOLOGY PARTNERS, PLLC, NIRP MANAGEMENT, LLC, NIRP PASADENA, PLLC, NIRP SUGARLAND, PLLC (collectively, Defendants Notice of Intention to Take Oral Deposition of Sam A (the Second Notice”). Pursuant to Texas Rule of Civil Procedure 199.4, and in support thereof, Plaintiffs respectfully show unto the Court as follows: TRODUCTION & FACTS On July 1, 2020, Defendants filed their deposition notice for Alam, setting his deposition for Jul which was mutually agreed upon See Ex. A, 2. Then, without notice, Defendants filed an amended deposition notice on July 7, 20201 for Alam on the same date, but attaching a subpoena duces tecum to the notice, requiring Alam to produce 15 different sets of documents. See Ex. B, Second Notice. 3. Counsel for Defendants did not inquire with Counsel for Plaintiffs whether Plaintiffs would agree to waive the 30-day notice requirement for a request for production of documents. II. ARGUMENT AND AUTHORITIES 4. Plaintiffs may object to the Notice by filing a Motion to Quash within the third business day after service of the Notice. TEX. R. CIV. P. R. 199.4. 5. The Notice was served on Defendants on July 7, 2020 and this Motion to Quash is being filed on July 10, 2020, which is three business days after the Notice. 6. As a matter of law, the deposition of Alam is stayed until this Motion to Quash can be determined. TEX. R. CIV. P. R. 199.4. 7. The Second Notice gave Alam less than 30 days to produce documents at his deposition, which is an inadequate amount of time. Alam is entitled to 30 days to produce documents for his deposition. TEX. R. CIV. P. 199.2(B)(5) & 196.2(A). III. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiffs, SAM ALAM & DRISONLINE.COM, INC., respectfully request that the Court stay the Deposition of Sam Alam pursuant to Texas Rule of Civil Procedure 199.4 until this motion can be determined. 1 The Second Notice states in the Certificate of Service that it was served on Plaintiffs on July 6, 2020, but the Second Notice was indeed not actually served until July 7, 2020. See Ex. C, Notification of Service for Second Notice. 2 Respectfully submitted, THE WELSCHER MARTINEZ LAW FIRM /s/ Nicholas Martinez Craig Welscher TBN: 21167200 Nicholas T. Martinez TBN: 24087986 1111 North Loop West, Suite 702 Houston, Texas 77008 Telephone: (713) 862-0800 Facsimile: (713) 862-4003 Email: nmartinez@twmlawfirm.com ATTORNEYS FOR PLAINTIFFS CERTIFICATE OF SERVICE I hereby certify that I have reached out to opposing counsel regarding the contents of this Motion and as of the time of filing and we are still discussing alternative arrangements and resolution possibilities. /s/ Nicholas Martinez Nicholas Martinez CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing instrument was forwarded to all known counsel of record in the manner required by the Texas Rules of Civil Procedure, on this the 10th day of July, 2020. Via Electronic Service Liyue Huang-Sigle National Interventional Radiology Partners, PLLC 3730 Kirby Drive, Ste. 1200 Houston, Texas 77098 Attorney for Defendants /s/ Nicholas Martinez Nicholas Martinez 3