EXHIBIT “A”
`
`EXHIBIT “A”
`
`

`

`Dec.
`
`2. 2016
`
`P.
`
`18
`
`PPN“
`
`10.
`
`12.
`
`13.
`
`14.
`
`1:59PM
`No. 5990
`DEPOSITION BY WRITTEN QUESTIONS (FINAL SETTLEMENT)
`FROM Shonda Foster, by and throu
`gh her attorneys of record, Mauzé & Bagby, PLLC, 2632 Broadway, Suite
`4018, San Antonio, Texas 78215
`NOW COMES, Shonda Foster, as next friend of Keiandra Whitfield. a minor, and files these answers to the
`Deposition by Written Questions as follows:
`Is your full name: Shondn Foster (hereinafter referred to as “Next Friend")?
`Are you the pamnt and/0r guardian of the minor, Keiandra Whitfield (hereinafter referred to as ”Minor")?
`Did you file a lawsuit against Nguyen Hathuc, D.D.S. as Next Friend of the Minor?
`As a result ofthc dental treatment the Minor receEVed from Nguyen Hathuc, D.D.S. at [(001 Smiles, did the
`Minor sustain injuries?
`Did you authOrizc and conSent to an Aggregate Settlement and the allocation of the Aggregate Settlement
`to the Minor for the confidential amount contained in the Release?
`Is it your opinion the Aggregate Settlement and allocation to the Minor is just, fair, and in the best interest
`of the Minor?
`Do you understand that this settlement fully and finally settles any and all claims, demands, causes of action,
`and the lawsuit the Minor has against Nguyen Hathuc, D.D.S. arising from the dental treatment the MinOr
`receiVed at Kool Smiles?
`Did you execute a C(mfidcntial Release and Settlement Agreement on behalf of the Minor subject to the
`approval of the settlement by the Court and does your execution to it acknowledge that you have been
`provided, read, and understand the terms of said Release?
`Do you understand that if the Count approves the settlement, the Minor cannot seek any additional money
`or damages fmm Nguyen Hathuc, D.D.S. as a result of the dental treatment the Minor received at Kool
`Smiles?
`Do you understand that if the Miner's claim proceeded to trial, the Minor may receive mom money, less
`money, no money, or the same amount of money as allocated to thc Minor from the Aggregate Settlement.
`Do you understand and agree that pursuant to the cantract with Mauzé & Bagby, PLLC, 33.3% attorneys’
`fees and litigation cxPenses will be deducted from the allocation to the Minor?
`Did your attorneys fully explain the Aggregate Settlement and the alIocation to the Minor to you and your
`right not to participate in the settlement?
`Do you understand that after payment of attorneys’ fees and litigation expenses the remaining amount of the
`settlement will be deposited into the Texas Dental Qualified Settlement Fund Or the registry of the court and
`will be paid to the Minor on or after the Miner’s eighteenth birthday?
`Are you asking the Court to approve the Aggregate Settlement and the allocation to the Minor?
`
`@N
`@u
`
`NAN/WW
`
`Signature ofShonda Foster
`
`THE STATE OF TEXAS
`COUNTYOFBRAZOS
`BEFORE ME, the undersigned authority, personally appeared Shanda Fostei- known to me to be the person
`whose name is subscribed to the foregoing Deposi
`lion by Written Questions, and aflcr having been duly sworn, stated
`upon her oath that she is the Next Friend of the M
`inor, Keiandra Whitfield, and that she has answered the foregoing
`Deposition by Written Questions and that her ancrs are true and correct.
`SWORN TO AND SUBSCRIBED BEFORE MB on thisZ day of EEC;
`
`§
`§
`
`,2016.
`
`ROSA LEDEZMA
`Notary ID :9 129065456
`My Communion Explm
`July 25. 2020
`
`Notary Bllblic, State ofTexaU
`
`Received Time Dec.
`
`2. 2016
`
`1:49PM No.1941
`
`

`

`Electronically Filed
`Electronically Filed
`7/6/2017 5:10 PM
`7/6/2017 5:10 PM
`Hidalgo County District Clerks
`Hidalgo County District Clerks
`Reviewed By: Patricia Molina
`Reviewed By: Patricia Molina
`
`MDL NO. 14-0851
`(C-6228-15-E)
`
`IN RE KOOL SMILES
`DENTAL LITIGATION
`
`IN THE DISTRICT COURT
`
`omeoocoawocoawzco:
`
`370TH JUDICIAL DISTRICT
`
`Cause No: 15-002833-CV-85
`AS NEXT
`MARKESHA BUTLER,
`FRIEND OF TYMYRIAH
`STRINGFELLOW, A MINOR, et a1,
`PLAINTIFFS,
`
`@mawawafloifmwabmmm
`
`V.
`BENEVIS, LLC, f/k/a NCDR, LLC d/b/a
`KOOL SMILES, et al.
`DEFENDANTS.
`
`HIDALGO COUNTY, TEXAS
`
`IN THE DISTRICT COURT
`
`85TH JUDICIAL DISTRICT
`
`BRAZOS COUNTY, TEXAS
`
`Oklahoma City, OK 73103M
`
`PLAINTIFF 8’ NOTICE OF FILING OF DEPOSITION BY WRITTEN QUESTIONS
`TO: Defendants Nguyen Hathuc, D.D.S., Tuyet Nguyen, D.D.S., and Anissa Reagor, D.D.S.,
`by and through their attorneys of record,
`Mr. Bmce S. Campbell, Esq.
`bcampbell@belaw.com
`Brackett & Ellis, PC.
`100 Main Street
`Fort Worth, TX 76102
`Mr. Kyle Sweet, Esquire
`kyle@sweetlawfirm.com
`Ms. Vanessa Hicks, Esquire
`vanessa@sweetlawfirm.com
`Ms. Denise D. Canada, Esquire
`denise@sweetlawfirm.com
`Sweet Law Firm
`24 W. Park Place
`
`*
`
`*
`
`T:\Cases\l(ool Smiles.IzolmpleadingswcAuen - MDL\NOF - Bmzos DWQs.docx
`
`Page 1
`
`

`

`ATTORNEY FOR PLAINTIFFS# T:\Cases\Koul Smiles.lZOlWlendingcAllen . MDL\NOF . Bram: DWQs.docx
`
`By:W
`
`orge W. Mauzé, II
`gmauze@mauzcbagbylaw.com
`State Bar No. 13238800
`Jessica B. Gonzalez
`1' gonzalez@,mauzelawfim.com
`State Bar No. 24099354
`
`5mm.“
`
`Page 2
`
`Electronically Filed
`Electronically Filed
`7/6/2017 5:10 PM
`7/6/2017 5:10 PM
`Hidalgo County District Clerks
`Hidalgo County District Clerks
`Reviewed By: Patricia Molina
`Reviewed By: Patricia Molina
`
`PLEASE TAKE NOTICE that Plaintiffs in the following action: 1) Cause No. 15-
`002833-CV-85; Butler. et al v. Benevis, LLC f/k/a NCDR. LLC d/b/a Kool Smiles, gt a].
`herewith file and serve the Deposition by Written Questions as to the following minor Plaintiff: :
`EXHIBIT “A”
`M&B No. Minor Plaintiff;
`Keiandra Whitfield
`O49B
`
`Respectfully submitted,
`MAUZE LAW FIRM
`2632 Broadway, Suite 401 South
`San Antonio, Texas 78215
`Telephone: 210.225.6262
`Telecopier: 210.354.3909
`
`

`

`Jessica B. Gonzalezfl ___—_______——___——_.—_——
`
`CERTIFICATE OF SERVICE
`day of July, 2017 a true and correct copy of
`I hereby certify that on this L0
`PLAINTIFFS’ NOTICE OF FILING OF DEPOSITION BY WRITTEN QUESTIONS has been
`sent by efiling service and email to:
`Mr. Wayne B. Mason, Esq.
`wayne.mason@sedgwicklaw.com
`Mr. Alan Vickery, Esq.
`sed wicklaw.com
`alan.vicke
`Sedgwick LLP
`1717 Main Street, Suite 5400
`Dallas, Texas 75201-7367
`Mr. Bruce S. Campbell, Esq.
`bcam bell belaw.com
`Brackett & Ellis, RC.
`100 Main Street
`Fort Worth, TX 76102
`
`Ggorge W. Mauzé, II
`
`a
`
`8
`
`T:\Cases\Kool Smiles. ] 201 W\P|cadings\McAllen - MDL\NOF - Brazos DWQs.docx
`
`Page 3
`
`Electronically Filed
`Electronically Filed
`7/6/2017 5:10 PM
`7/6/2017 5:10 PM
`Hidalgo County District Clerks
`Hidalgo County District Clerks
`Reviewed By: Patricia Molina
`Reviewed By: Patricia Molina
`
`Mr. Eduardo R. Rodriguez, Esq.
`errodriguez@atlashall.com
`Atlas, Hall & Rodriguez, LLP.
`50 W. Morrison Road, Suite A
`Brownsville, TX 78520
`
`Mr. Kyle Sweet, Esquire
`kyle@sweetlawfirm.com
`Ms. Vanessa Hicks, Esquire
`vanessa@sweetlawfirm.com
`Ms. Denise D. Canada, Esquire
`denise sweetlawfirm.com
`Sweet Law Firm
`24 W. Park Place
`Oklahoma City, OK 73103
`Mr. Roy Dayton Brantley, Esq.
`my.brantley@westwebblaw.com
`West, Webb, Allbritton & Gentry
`1515 Emerald Plaza
`College Station, TX 77845
`
`Mr. Fernando G. Mancias, Esq.
`mancias([1)femandomanciaslaw.com
`Law Office of Fernando G. Mancias
`4428 S. McColl Rd.
`Edinburg, TX 78539
`
`