NOTICE OF REQUEST TO ISSUE SUBPOENAS
Originally Published: Feb. 14, 2023 | Republished: Feb. 14, 2023
NOTICE IS HEREBY GIVEN that Plaintiff respectfully requests court issue the e-filed and submitted subpoena and subpoena duces tecum for Randy Chung, M.D., Sharon Lowman Addicks and Jeffery Allen Addicks, with respective court fees duly paid, directly to Plaintiff in order that process of service may be arranged and executed to allow said witnesses to attend the hearing set for consideration by the 234th Judicial District Court of Harris County, Texas, in-person on Monday, March 20, 2023, at 14:00 hrs as advised by Ms. Shannon North, Clerk (See; First Amended Notice of Oral Hearing, Image no. 106253765, Jan. 27, 2023).
RESPECTFULLY submitted this 14th day of February, 2023.
FIRST SERVICE ON THE ADDICKS COMPLETED, BUT THERE WAS A PROBLEM
Feb. 20, 2023
Service was accepted and signed for by both Mr and Mrs Addicks, however, it was the wrong paperwork, namely the request to issue witness subpoenas and not the signed copy issued by the court, which meant service had to be effected once again on both witnesses.
SECOND SERVICE ON THE ADDICKS RUNS INTO OBJECTIONS BY ADDICKS
Feb. 23, 2023
Served
Aniceto Ramirez shared a service notification with you:
Details
Process Server: Aniceto Ramirez PSC-19938
Date & Time: Feb 23, 2023, 5:03 pm CST
Service Type: Personal/Individual
Description of Service:
I made contact with a male outside of the residence (Jeffery Allen Addicks). He refused to take possession of the subpoena and witness fee. He became upset about me coming to his residence. He walked to the rear of my vehicle and began to photograph my vehicles license plate. He instructed me not to return to his residence. I placed the subpoena and witness fee on the ground in his immediate presence at his front yard.
Recipient
Recipient:
JEFFERY ALLEN ADDICKS
Age:
63
Ethnicity:
Caucasian
Gender:
Male
Weight:
220
Height:
6’3″
Hair:
Gray
Description of Recipient:
Service Address
4801 Palm St, Bellaire, TX 77401, Harris
GPS Data
Mobile Device: Safari version 16 on iOS (iPhone) 16.3.1
GPS Coordinates: 29.69986795, -95.46287891
GPS Timestamp: 1677193277999
Job & Case
Job: 8419348
Priority: Routine
Recipient: JEFFERY ALLEN ADDICKS
Case: 2022-68307
Plaintiff: MARK BURKE
Defendant: KPH-CONSOLIDATION INC (DBA HCA HEALTHCARE)
Court: In The 234th Judicial District Court of Harris County, Texas
County: Harris County
Documents: WITNESS SUBPOENA/SUBPOENA DUCES TECUM PURSUANT TO TEXAS RULES OF CIVIL PROCEDURE 176Attempt Uploads
2A158360-0606-4773-AE3D-C1FE23B46F75.jpeg (5.4 MB)
Shared with you by:
Aniceto Ramirez
Raymond and Associates LLC
a.ramirez@raymondandassociates.net
469.875.1034
Re Service for Mrs. Addicks, see attached letter with attachments.
++++
Date: Feb. 24, 2023
Serpe Andrews, PLLC
2929 Allen Parkway, Suite 1600
Houston, TX, 77019
Attn: Nicole Andrews, Madison Addicks
Re: Burke v HCA Houston Healthcare Kingwood (2022-68307, HCDC)
Dear Ms. Andrews and Ms. Addicks
I am writing to ask if you, on behalf of, and with the approval of SHARON LOWMAN ADDICKS (“Mrs Addicks”) will waive service for Mrs Addicks.
By way of background, on Feb. 20, 2023, service was accepted and signed for by both Mr and Mrs Addicks, however, it was the wrong paperwork, namely the request to issue witness subpoenas with fees and not the signed copy issued by the court, which meant service had to be effected once again on both witnesses.
As a result, the process server returned to the residence to serve them again. However, based on the following events as documented by the process server last evening, service was completed for Mr Addicks but not for Mrs Addicks;
Witness Subpoenas for Madison Addicks Parents
“I made contact with a male outside of the residence (Jeffery Allen Addicks). He refused to take possession of the subpoena and witness fee. He became upset about me coming to his residence. He walked to the rear of my vehicle and began to photograph my vehicles license plate. He instructed me not to return to his residence. I placed the subpoena and witness fee on the ground in his immediate presence at his front yard.” – Aniceto Ramirez, Process Server.
In light of the fact Mrs Addicks resides at the same residence, combined with the fact both Mr and Mrs Addicks accepted service on Feb 20, 2023, in conjunction with the fact that Mr Addicks “instructed” the process server “not to return to his residence”, waiver would be the obvious answer, and which causes no inconvenience to any party.
I am attaching the service returns and supporting affidavit(s) for Mr and Mrs Addicks for both visits (Feb 20 and 23) for your perusal and consideration.
Summary
Please let me know by close of business today. Failure to respond to this emailed letter will be viewed as a continued violation of your ethical duties as Texas lawyers.
Sincerely,
First signed service on Mr Addicks
First signed service on Mrs Addicks
Second service with Due Diligence Affidavit for Mrs. Addicks
Mr. Burke,
We will accept service of the subpoena on behalf of Mrs. Addicks. Please email me copies of the subpoenas and confirm that you have informed Mr. Ramirez regarding our agreement.
++++
Thank you.
I have reached out to Mr Ramirez who acknowledged our agreement.
I sent the copies of the subpoenas in the prior email, did you not receive them?
++++
Apologies, yes we received them as part of the prior email.
FIRST SERVICE ATTEMPT ON DR RANDY CHUNG
Feb. 27, 2023
Attempted Serve
Aniceto Ramirez shared a service notification with you:
Details
Process Server: Aniceto Ramirez PSC-19938
Date & Time: Feb 27, 2023, 11:11 am CST
Service Type: Unsuccessful Attempt
Description of Service:
I made an attempt to serve at the clinic. I made contact with the receptionist. She advised that Dr. Randy Chung was not in the office. She accepted my business card and advised that she would forward him my contact information to arrange service.
Service Address
310 Kingwood Executive Dr Suite B, Kingwood, TX 77339, Montgomery
GPS Data
Mobile Device: Safari version 16 on iOS (iPhone) 16.3.1
GPS Coordinates: 30.05054283, -95.25876089
GPS Timestamp: 1677517888402
Job & Case
Job: 8419255
Priority: Routine
Recipient: RANDY CHUNG, M.D.
Case: 2022-68307
Plaintiff: MARK BURKE
Defendant: KPH-CONSOLIDATION INC (DBA HCA HEALTHCARE)
Court: In The 234th Judicial District Court of Harris County, Texas
County: Harris County
Documents: WITNES SUBPOENA/SUBPOENA DUCES TECUM PURSUANT TO TEXAS RULES OF CIVIL PROCEDURE 176
Attempt Uploads
0777B84F-B40A-4290-A345-4274DDF94999.jpeg (2.4 MB)
2CC26371-4B47-4011-9349-0E49D00EF932.jpeg (3.34 MB)
SECOND SERVICE VISIT EXECUTED ON DR RANDY CHUNG
Feb. 28, 2023
Served
Aniceto Ramirez shared a service notification with you:
Details
Process Server: Aniceto Ramirez PSC-19938
Date & Time: Feb 28, 2023, 1:33 pm CST
Service Type: Personal/Individual
Description of Service:
I met with a male that introduced himself as Dr. Randy Chung. Witness fee along with subpoena was given to him. Dr. Chung stated that he was not signing for acceptance of the subpoena.
Recipient
Recipient:
RANDY CHUNG, M.D.
Phone:
713.828.7206
Age:
40
Ethnicity:
Asian American
Gender:
Male
Weight:
170
Height:
5’7″
Hair:
Black
Description of Recipient: Not wearing glasses
Service Address
310 Kingwood Executive Dr Suite B, Kingwood, TX 77339, Montgomery
GPS Data
Mobile Device: Safari version 16 on iOS (iPhone) 16.3.1
GPS Coordinates: 30.05062256, -95.25888675
GPS Timestamp: 1677612321000
Job & Case
Job: 8419255
Priority: Routine
Recipient: RANDY CHUNG, M.D.
Case: 2022-68307
Plaintiff: MARK BURKE
Defendant: KPH-CONSOLIDATION INC (DBA HCA HEALTHCARE)
Court: In The 234th Judicial District Court of Harris County, Texas
County: Harris County
Documents: WITNES SUBPOENA/SUBPOENA DUCES TECUM PURSUANT TO TEXAS RULES OF CIVIL PROCEDURE 176
Attempt Uploads
2408BF23-DDF3-4A2F-9945-544C61659664.jpeg (3.31 MB)