AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT

for the

__________ District of __________

)

)

)

)

)

)

Plaintiff

v. Civil Action No.

Defendant

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS

OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION 

To:

(Name of person to whom this subpoena is directed)

u Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following 

documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the

material:

Place: Date and Time:

u Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or 

other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party

may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.

Place: Date and Time:

The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance;

Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to

respond to this subpoena and the potential consequences of not doing so.

Date:

CLERK OF COURT

OR

Signature of Clerk or Deputy Clerk Attorney’s signature

The name, address, e-mail address, and telephone number of the attorney representing (name of party)

, who issues or requests this subpoena, are:

Notice to the person who issues or requests this subpoena

If this subpoena commands the production of documents, electronically stored information, or tangible things or the

inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before

it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

 Eastern District of Texas

Medliant Inc.

1:23-cv-00203-MAC

Katrina Ponce de Leon

Eliahkim Mabute, 520 Dowlen Road, Apartment 110, Beaumont, Texas 77706; c/o Anna Prakash via email at

aprakash@nka.com

✔

See Exhibit A.

Bradley Arant Boult Cummings LLP; 600 Travis St. Ste.

5600, Houston, TX 77002; or via email to

bbundren@bradley.com 02/09/2024 5:00 pm

01/23/2024

/s/ R. Brandon Bundren

Medliant Inc.

Brandon Bundren; Bradley LLP; 1221 Broadway, Ste. 2400, Nashville, TN 37203; bbundren@bradley.com; 6152524647

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 1 of 66 PageID #: 1283
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)

I received this subpoena for (name of individual and title, if any)

on (date) .

u I served the subpoena by delivering a copy to the named person as follows:

on (date) ; or

u I returned the subpoena unexecuted because:

.

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also 

tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of

$ .

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:

Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc.:

1:23-cv-00203-MAC

0.00

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 2 of 66 PageID #: 1284
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)

(c) Place of Compliance.

 (1) For a Trial, Hearing, or Deposition. A subpoena may command a

person to attend a trial, hearing, or deposition only as follows:

 (A) within 100 miles of where the person resides, is employed, or

regularly transacts business in person; or

 (B) within the state where the person resides, is employed, or regularly

transacts business in person, if the person

 (i) is a party or a party’s officer; or

 (ii) is commanded to attend a trial and would not incur substantial

expense.

 (2) For Other Discovery. A subpoena may command:

 (A) production of documents, electronically stored information, or

tangible things at a place within 100 miles of where the person resides, is

employed, or regularly transacts business in person; and

 (B) inspection of premises at the premises to be inspected.

(d) Protecting a Person Subject to a Subpoena; Enforcement.

 (1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney

responsible for issuing and serving a subpoena must take reasonable steps

to avoid imposing undue burden or expense on a person subject to the

subpoena. The court for the district where compliance is required must

enforce this duty and impose an appropriate sanction—which may include

lost earnings and reasonable attorney’s fees—on a party or attorney who

fails to comply.

 (2) Command to Produce Materials or Permit Inspection.

(A) Appearance Not Required. A person commanded to produce

documents, electronically stored information, or tangible things, or to

permit the inspection of premises, need not appear in person at the place of

production or inspection unless also commanded to appear for a deposition,

hearing, or trial.

(B) Objections. A person commanded to produce documents or tangible

things or to permit inspection may serve on the party or attorney designated

in the subpoena a written objection to inspecting, copying, testing, or

sampling any or all of the materials or to inspecting the premises—or to

producing electronically stored information in the form or forms requested.

The objection must be served before the earlier of the time specified for

compliance or 14 days after the subpoena is served. If an objection is made,

the following rules apply:

(i) At any time, on notice to the commanded person, the serving party

may move the court for the district where compliance is required for an

order compelling production or inspection.

 (ii) These acts may be required only as directed in the order, and the

order must protect a person who is neither a party nor a party’s officer from

significant expense resulting from compliance.

 (3) Quashing or Modifying a Subpoena.

(A) When Required. On timely motion, the court for the district where

compliance is required must quash or modify a subpoena that:

 (i) fails to allow a reasonable time to comply;

(ii) requires a person to comply beyond the geographical limits

specified in Rule 45(c);

(iii) requires disclosure of privileged or other protected matter, if no

exception or waiver applies; or

(iv) subjects a person to undue burden.

(B) When Permitted. To protect a person subject to or affected by a

subpoena, the court for the district where compliance is required may, on

motion, quash or modify the subpoena if it requires:

(i) disclosing a trade secret or other confidential research,

development, or commercial information; or

(ii) disclosing an unretained expert’s opinion or information that does

not describe specific occurrences in dispute and results from the expert’s

study that was not requested by a party.

(C) Specifying Conditions as an Alternative. In the circumstances

described in Rule 45(d)(3)(B), the court may, instead of quashing or

modifying a subpoena, order appearance or production under specified

conditions if the serving party:

(i) shows a substantial need for the testimony or material that cannot be

otherwise met without undue hardship; and

(ii) ensures that the subpoenaed person will be reasonably compensated.

(e) Duties in Responding to a Subpoena.

 (1) Producing Documents or Electronically Stored Information. These

procedures apply to producing documents or electronically stored

information:

(A) Documents. A person responding to a subpoena to produce documents

must produce them as they are kept in the ordinary course of business or

must organize and label them to correspond to the categories in the demand.

(B) Form for Producing Electronically Stored Information Not Specified.

If a subpoena does not specify a form for producing electronically stored

information, the person responding must produce it in a form or forms in

which it is ordinarily maintained or in a reasonably usable form or forms.

(C) Electronically Stored Information Produced in Only One Form. The

person responding need not produce the same electronically stored

information in more than one form.

(D) Inaccessible Electronically Stored Information. The person

responding need not provide discovery of electronically stored information

from sources that the person identifies as not reasonably accessible because

of undue burden or cost. On motion to compel discovery or for a protective

order, the person responding must show that the information is not

reasonably accessible because of undue burden or cost. If that showing is

made, the court may nonetheless order discovery from such sources if the

requesting party shows good cause, considering the limitations of Rule

26(b)(2)(C). The court may specify conditions for the discovery.

(2) Claiming Privilege or Protection.

(A) Information Withheld. A person withholding subpoenaed information

under a claim that it is privileged or subject to protection as trial-preparation

material must:

(i) expressly make the claim; and

(ii) describe the nature of the withheld documents, communications, or

tangible things in a manner that, without revealing information itself

privileged or protected, will enable the parties to assess the claim.

(B) Information Produced. If information produced in response to a

subpoena is subject to a claim of privilege or of protection as

trial-preparation material, the person making the claim may notify any party

that received the information of the claim and the basis for it. After being

notified, a party must promptly return, sequester, or destroy the specified

information and any copies it has; must not use or disclose the information

until the claim is resolved; must take reasonable steps to retrieve the

information if the party disclosed it before being notified; and may promptly

present the information under seal to the court for the district where

compliance is required for a determination of the claim. The person who

produced the information must preserve the information until the claim is

resolved.

(g) Contempt.

The court for the district where compliance is required—and also, after a

motion is transferred, the issuing court—may hold in contempt a person

who, having been served, fails without adequate excuse to obey the

subpoena or an order related to it.

For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 3 of 66 PageID #: 1285
- 1 - 

EXHIBIT A TO SUBPOENA 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF TEXAS 

BEAUMONT DIVISION 

MEDLIANT INC., 

 Plaintiff, 

v. 

KATRINA PONCE DE LEON, 

 Defendant. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Civil Action No. 1:23–cv–00203–MAC 

 Please be advised that you have been identified by Katrina Ponce de Leon as having 

spoken with Ponce de Leon about her departure from her previous employer, Medliant Inc. 

(“Medliant”). Medliant requests the following documents be produced:

REQUEST NO. 1: 

Communications (including emails, text messages, instant messages, social media 

messages, etc.) between you and anyone (including Katrina Ponce de Leon) related to Katrina 

Ponce de Leon’s departure from Medliant. 

RESPONSE: 

REQUEST NO. 2: 

Communications (including emails, text messages, instant messages, social media 

messages, etc.) between you and anyone (including Katrina Ponce de Leon) related to Medliant’s 

lawsuit against Katrina Ponce de Leon. A copy of Medliant’s lawsuit is attached as Exhibit 1. 

RESPONSE: 

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 4 of 66 PageID #: 1286
- 2 - 

REQUEST NO. 3: 

Communications (including emails, text messages, instant messages, social media 

messages, etc.) between you and anyone (including Katrina Ponce de Leon) related to Medliant’s 

efforts to enforce the employment agreement between Medliant and Katrina Ponce de Leon. 

RESPONSE: 

REQUEST NO. 4: 

Communications (including emails, text messages, instant messages, social media 

messages, etc.) between you and anyone (including Katrina Ponce de Leon) related to Katrina 

Ponce de Leon’s request for accommodation from Medliant. 

RESPONSE: 

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 5 of 66 PageID #: 1287
 

EXHIBIT 1 

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 6 of 66 PageID #: 1288
IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

BEAUMONT DIVISION 

MEDLIANT INC., 

 Plaintiff, 

v. 

KATRINA PONCE DE LEON, 

 Defendant. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Civil Action No. 1:23-cv-203 

COMPLAINT

 The plaintiff, Medliant Inc. (“Medliant”), states for its Complaint against the defendant, 

Katrina Ponce de Leon (“Ponce de Leon”), as follows: 

PARTIES, JURISDICTION, AND VENUE 

1. Medliant is a Nevada corporation with its principal place of business in 

Tennessee. 

2. Ponce de Leon is an individual residing at 6550 Lexington Drive, Apartment 48, 

Beaumont, Texas 77706. Ponce de Leon may be served with process by personal service at her 

residence or wherever she may be found. 

3. This Court has original jurisdiction pursuant to 28 U.S.C. § 1332(a)(1) in that this 

is a civil action where the matter in controversy exceeds the sum or value of $75,000, exclusive 

of interest and costs, and is between Medliant, a citizen of the States of Nevada and Tennessee, 

and Ponce de Leon, a citizen of the State of Texas. 

4. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b)(1–2) because Ponce 

de Leon resides in this District and a substantial part of the events or omissions giving rise to the 

claim occurred in this District. 

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 7 of 66 PageID #: 1289 Case 1:23-cv-00203 Document 1 Filed 05/25/23 Page 1 of 5 PageID #: 1
FACTUAL BACKGROUND 

5. Medliant provides employment-related placement services throughout the United 

States, including to hospitals and other healthcare providers in southeast Texas. 

6. One of the many reasons why Medliant is so successful in providing placement 

services to its healthcare clients is primarily due to Medliant’s willingness to incur significant 

upfront costs in securing quality employees from around the world, including employees 

originally from the Philippines. 

7. Medliant sponsors each international employee in connection with securing a 

Green Card, which includes paying for all costs and expenses associated with this process. 

8. Medliant also pays for all travel to the United States for each employee, one 

month’s living accommodations for each employee, and reimburses each employee for all 

federal and state license-related application fees and expenses. 

9. In accordance with this practice, on January 18, 2022, Medliant and Ponce de 

Leon entered into an Agreement for Employment (the “Agreement”) for Ponce de Leon to come 

to the United States from the Philippines to work as a full-time registered nurse for Medliant at 

Baptist Hospitals of Southeast Texas. 

10. Pursuant to the Agreement, Medliant agreed to sponsor and pay for Ponce de 

Leon’s Green Card processing, Ponce de Leon’s travel expenses to Texas, one month’s living 

accommodations, and to reimburse Ponce de Leon for all federal and state license-related 

application fees and expenses. 

11. In consideration for the benefits described above, Ponce de Leon agreed to work a 

minimum of five thousand two hundred (5,200) straight-time hours for Medliant. 

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 8 of 66 PageID #: 1290 Case 1:23-cv-00203 Document 1 Filed 05/25/23 Page 2 of 5 PageID #: 2
12. Ponce de Leon also acknowledged that if she left Medliant’s employment prior to 

the completion of her assignment, that Medliant would not have made a reasonable amount of 

profit in relation to Medliant’s investment of time, effort, and money in promoting, training, 

testing, and licensing and otherwise assisting Ponce de Leon to become a United States 

employee. 

13. As a result, Ponce de Leon agreed that if she voluntarily left Medliant, she would 

pay, as liquidated damages, two thousand five hundred dollars ($2,500.00) for each month 

remaining on her obligation. 

14. In addition to the liquidated damages, Ponce de Leon also agreed she would 

reimburse Medliant for the costs of immigration Medliant paid on Ponce de Leon’s behalf if she 

resigned prior to completion of her obligation. 

15. Effective February 15, 2023, Ponce de Leon resigned from Medliant. 

16. On April 10, 2023, counsel for Medliant sent a letter to Ponce de Leon demanding 

that Ponce de Leon fulfill her obligations under the Agreement and to pay Medliant liquidated 

damages owed plus the costs of immigration. 

17. Ponce de Leon has breached the Agreement because she has refused to pay 

Medliant any of the liquidated damages owed to Medliant. 

18. Ponce de Leon also breached the Agreement because she also failed to reimburse 

Medliant for the costs of immigration. 

COUNT I – BREACH OF CONTRACT 

19. Medliant incorporates by reference the allegations set forth above. 

20. The Agreement is a valid and enforceable contract. 

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 9 of 66 PageID #: 1291 Case 1:23-cv-00203 Document 1 Filed 05/25/23 Page 3 of 5 PageID #: 3
21. Ponce de Leon has breached the Agreement because she has refused to pay 

Medliant any of the liquidated damages owed to Medliant. 

22. Ponce de Leon also breached the Agreement because she also failed to reimburse 

Medliant for the costs of immigration. 

23. As a result of Ponce de Leon’s breaches, Medliant is entitled to liquidated 

damages plus the costs of immigration paid by Medliant on Ponce de Leon’s behalf. 

24. Pursuant to Sections 2(d) and 18 of the Agreement, Medliant is also entitled to an 

award of its reasonable attorneys’ fees and costs. 

PRAYER FOR RELIEF 

Medliant requests that the Court: 

A. Award liquidated damages plus the costs of immigration to Medliant in 

accordance with the Agreement; 

B. Award Medliant its attorneys’ fees and costs pursuant to Sections 2(d) and 18 of 

the Agreement; 

C. Award Medliant pre-judgment and post-judgment interest in the maximum 

amount permitted by law; and 

D. Award Medliant any and all other relief to which it is entitled. 

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 10 of 66 PageID #: 1292 Case 1:23-cv-00203 Document 1 Filed 05/25/23 Page 4 of 5 PageID #: 4
Respectfully submitted,

s/ R. Brandon Bundren

R. Brandon Bundren 

Texas Bar No. 24050353 

Bradley Arant Boult Cummings LLP 

1600 Division Street, Suite 700 

Nashville, Tennessee 37203

P: 615.244.2582 

F: 615.252.6380 

bbundren@bradley.com 

Attorney for Medliant Inc.

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 11 of 66 PageID #: 1293 Case 1:23-cv-00203 Document 1 Filed 05/25/23 Page 5 of 5 PageID #: 5
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT

for the

__________ District of __________

)

)

)

)

)

)

Plaintiff

v. Civil Action No.

Defendant

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS

OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION 

To:

(Name of person to whom this subpoena is directed)

u Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following 

documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the

material:

Place: Date and Time:

u Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or 

other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party

may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.

Place: Date and Time:

The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance;

Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to

respond to this subpoena and the potential consequences of not doing so.

Date:

CLERK OF COURT

OR

Signature of Clerk or Deputy Clerk Attorney’s signature

The name, address, e-mail address, and telephone number of the attorney representing (name of party)

, who issues or requests this subpoena, are:

Notice to the person who issues or requests this subpoena

If this subpoena commands the production of documents, electronically stored information, or tangible things or the

inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before

it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

 Eastern District of Texas

Medliant Inc.

1:23-cv-00203-MAC

Katrina Ponce de Leon

Jeddy Anne M. Delgado, 520 Dowlen Road, Apartment 114 Beaumont, Texas 77706; c/o Anna Prakash via email

at aprakash@nka.com

✔

See Exhibit A.

Bradley Arant Boult Cummings LLP; 600 Travis St. Ste.

5600, Houston, TX 77002; or via email to

bbundren@bradley.com 02/09/2024 5:00 pm

01/23/2024

/s/ R. Brandon Bundren

Medliant Inc.

Brandon Bundren; Bradley LLP; 1221 Broadway, Ste. 2400, Nashville, TN 37203; bbundren@bradley.com; 6152524647

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 12 of 66 PageID #: 1294
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)

I received this subpoena for (name of individual and title, if any)

on (date) .

u I served the subpoena by delivering a copy to the named person as follows:

on (date) ; or

u I returned the subpoena unexecuted because:

.

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also 

tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of

$ .

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:

Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc.:

1:23-cv-00203-MAC

0.00

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 13 of 66 PageID #: 1295
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)

(c) Place of Compliance.

 (1) For a Trial, Hearing, or Deposition. A subpoena may command a

person to attend a trial, hearing, or deposition only as follows:

 (A) within 100 miles of where the person resides, is employed, or

regularly transacts business in person; or

 (B) within the state where the person resides, is employed, or regularly

transacts business in person, if the person

 (i) is a party or a party’s officer; or

 (ii) is commanded to attend a trial and would not incur substantial

expense.

 (2) For Other Discovery. A subpoena may command:

 (A) production of documents, electronically stored information, or

tangible things at a place within 100 miles of where the person resides, is

employed, or regularly transacts business in person; and

 (B) inspection of premises at the premises to be inspected.

(d) Protecting a Person Subject to a Subpoena; Enforcement.

 (1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney

responsible for issuing and serving a subpoena must take reasonable steps

to avoid imposing undue burden or expense on a person subject to the

subpoena. The court for the district where compliance is required must

enforce this duty and impose an appropriate sanction—which may include

lost earnings and reasonable attorney’s fees—on a party or attorney who

fails to comply.

 (2) Command to Produce Materials or Permit Inspection.

(A) Appearance Not Required. A person commanded to produce

documents, electronically stored information, or tangible things, or to

permit the inspection of premises, need not appear in person at the place of

production or inspection unless also commanded to appear for a deposition,

hearing, or trial.

(B) Objections. A person commanded to produce documents or tangible

things or to permit inspection may serve on the party or attorney designated

in the subpoena a written objection to inspecting, copying, testing, or

sampling any or all of the materials or to inspecting the premises—or to

producing electronically stored information in the form or forms requested.

The objection must be served before the earlier of the time specified for

compliance or 14 days after the subpoena is served. If an objection is made,

the following rules apply:

(i) At any time, on notice to the commanded person, the serving party

may move the court for the district where compliance is required for an

order compelling production or inspection.

 (ii) These acts may be required only as directed in the order, and the

order must protect a person who is neither a party nor a party’s officer from

significant expense resulting from compliance.

 (3) Quashing or Modifying a Subpoena.

(A) When Required. On timely motion, the court for the district where

compliance is required must quash or modify a subpoena that:

 (i) fails to allow a reasonable time to comply;

(ii) requires a person to comply beyond the geographical limits

specified in Rule 45(c);

(iii) requires disclosure of privileged or other protected matter, if no

exception or waiver applies; or

(iv) subjects a person to undue burden.

(B) When Permitted. To protect a person subject to or affected by a

subpoena, the court for the district where compliance is required may, on

motion, quash or modify the subpoena if it requires:

(i) disclosing a trade secret or other confidential research,

development, or commercial information; or

(ii) disclosing an unretained expert’s opinion or information that does

not describe specific occurrences in dispute and results from the expert’s

study that was not requested by a party.

(C) Specifying Conditions as an Alternative. In the circumstances

described in Rule 45(d)(3)(B), the court may, instead of quashing or

modifying a subpoena, order appearance or production under specified

conditions if the serving party:

(i) shows a substantial need for the testimony or material that cannot be

otherwise met without undue hardship; and

(ii) ensures that the subpoenaed person will be reasonably compensated.

(e) Duties in Responding to a Subpoena.

 (1) Producing Documents or Electronically Stored Information. These

procedures apply to producing documents or electronically stored

information:

(A) Documents. A person responding to a subpoena to produce documents

must produce them as they are kept in the ordinary course of business or

must organize and label them to correspond to the categories in the demand.

(B) Form for Producing Electronically Stored Information Not Specified.

If a subpoena does not specify a form for producing electronically stored

information, the person responding must produce it in a form or forms in

which it is ordinarily maintained or in a reasonably usable form or forms.

(C) Electronically Stored Information Produced in Only One Form. The

person responding need not produce the same electronically stored

information in more than one form.

(D) Inaccessible Electronically Stored Information. The person

responding need not provide discovery of electronically stored information

from sources that the person identifies as not reasonably accessible because

of undue burden or cost. On motion to compel discovery or for a protective

order, the person responding must show that the information is not

reasonably accessible because of undue burden or cost. If that showing is

made, the court may nonetheless order discovery from such sources if the

requesting party shows good cause, considering the limitations of Rule

26(b)(2)(C). The court may specify conditions for the discovery.

(2) Claiming Privilege or Protection.

(A) Information Withheld. A person withholding subpoenaed information

under a claim that it is privileged or subject to protection as trial-preparation

material must:

(i) expressly make the claim; and

(ii) describe the nature of the withheld documents, communications, or

tangible things in a manner that, without revealing information itself

privileged or protected, will enable the parties to assess the claim.

(B) Information Produced. If information produced in response to a

subpoena is subject to a claim of privilege or of protection as

trial-preparation material, the person making the claim may notify any party

that received the information of the claim and the basis for it. After being

notified, a party must promptly return, sequester, or destroy the specified

information and any copies it has; must not use or disclose the information

until the claim is resolved; must take reasonable steps to retrieve the

information if the party disclosed it before being notified; and may promptly

present the information under seal to the court for the district where

compliance is required for a determination of the claim. The person who

produced the information must preserve the information until the claim is

resolved.

(g) Contempt.

The court for the district where compliance is required—and also, after a

motion is transferred, the issuing court—may hold in contempt a person

who, having been served, fails without adequate excuse to obey the

subpoena or an order related to it.

For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 14 of 66 PageID #: 1296
- 1 - 

EXHIBIT A TO SUBPOENA 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF TEXAS 

BEAUMONT DIVISION 

MEDLIANT INC., 

 Plaintiff, 

v. 

KATRINA PONCE DE LEON, 

 Defendant. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Civil Action No. 1:23–cv–00203–MAC 

 Please be advised that you have been identified by Katrina Ponce de Leon as having 

spoken with Ponce de Leon about her departure from her previous employer, Medliant Inc. 

(“Medliant”). Medliant requests the following documents be produced:

REQUEST NO. 1: 

Communications (including emails, text messages, instant messages, social media 

messages, etc.) between you and anyone (including Katrina Ponce de Leon) related to Katrina 

Ponce de Leon’s departure from Medliant. 

RESPONSE: 

REQUEST NO. 2: 

Communications (including emails, text messages, instant messages, social media 

messages, etc.) between you and anyone (including Katrina Ponce de Leon) related to Medliant’s 

lawsuit against Katrina Ponce de Leon. A copy of Medliant’s lawsuit is attached as Exhibit 1. 

RESPONSE: 

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 15 of 66 PageID #: 1297
- 2 - 

REQUEST NO. 3: 

Communications (including emails, text messages, instant messages, social media 

messages, etc.) between you and anyone (including Katrina Ponce de Leon) related to Medliant’s 

efforts to enforce the employment agreement between Medliant and Katrina Ponce de Leon. 

RESPONSE: 

REQUEST NO. 4: 

Communications (including emails, text messages, instant messages, social media 

messages, etc.) between you and anyone (including Katrina Ponce de Leon) related to Katrina 

Ponce de Leon’s request for accommodation from Medliant. 

RESPONSE: 

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 16 of 66 PageID #: 1298
 

EXHIBIT 1 

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 17 of 66 PageID #: 1299
IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

BEAUMONT DIVISION 

MEDLIANT INC., 

 Plaintiff, 

v. 

KATRINA PONCE DE LEON, 

 Defendant. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Civil Action No. 1:23-cv-203 

COMPLAINT

 The plaintiff, Medliant Inc. (“Medliant”), states for its Complaint against the defendant, 

Katrina Ponce de Leon (“Ponce de Leon”), as follows: 

PARTIES, JURISDICTION, AND VENUE 

1. Medliant is a Nevada corporation with its principal place of business in 

Tennessee. 

2. Ponce de Leon is an individual residing at 6550 Lexington Drive, Apartment 48, 

Beaumont, Texas 77706. Ponce de Leon may be served with process by personal service at her 

residence or wherever she may be found. 

3. This Court has original jurisdiction pursuant to 28 U.S.C. § 1332(a)(1) in that this 

is a civil action where the matter in controversy exceeds the sum or value of $75,000, exclusive 

of interest and costs, and is between Medliant, a citizen of the States of Nevada and Tennessee, 

and Ponce de Leon, a citizen of the State of Texas. 

4. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b)(1–2) because Ponce 

de Leon resides in this District and a substantial part of the events or omissions giving rise to the 

claim occurred in this District. 

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 18 of 66 PageID #: 1300 Case 1:23-cv-00203 Document 1 Filed 05/25/23 Page 1 of 5 PageID #: 1
FACTUAL BACKGROUND 

5. Medliant provides employment-related placement services throughout the United 

States, including to hospitals and other healthcare providers in southeast Texas. 

6. One of the many reasons why Medliant is so successful in providing placement 

services to its healthcare clients is primarily due to Medliant’s willingness to incur significant 

upfront costs in securing quality employees from around the world, including employees 

originally from the Philippines. 

7. Medliant sponsors each international employee in connection with securing a 

Green Card, which includes paying for all costs and expenses associated with this process. 

8. Medliant also pays for all travel to the United States for each employee, one 

month’s living accommodations for each employee, and reimburses each employee for all 

federal and state license-related application fees and expenses. 

9. In accordance with this practice, on January 18, 2022, Medliant and Ponce de 

Leon entered into an Agreement for Employment (the “Agreement”) for Ponce de Leon to come 

to the United States from the Philippines to work as a full-time registered nurse for Medliant at 

Baptist Hospitals of Southeast Texas. 

10. Pursuant to the Agreement, Medliant agreed to sponsor and pay for Ponce de 

Leon’s Green Card processing, Ponce de Leon’s travel expenses to Texas, one month’s living 

accommodations, and to reimburse Ponce de Leon for all federal and state license-related 

application fees and expenses. 

11. In consideration for the benefits described above, Ponce de Leon agreed to work a 

minimum of five thousand two hundred (5,200) straight-time hours for Medliant. 

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 19 of 66 PageID #: 1301 Case 1:23-cv-00203 Document 1 Filed 05/25/23 Page 2 of 5 PageID #: 2
12. Ponce de Leon also acknowledged that if she left Medliant’s employment prior to 

the completion of her assignment, that Medliant would not have made a reasonable amount of 

profit in relation to Medliant’s investment of time, effort, and money in promoting, training, 

testing, and licensing and otherwise assisting Ponce de Leon to become a United States 

employee. 

13. As a result, Ponce de Leon agreed that if she voluntarily left Medliant, she would 

pay, as liquidated damages, two thousand five hundred dollars ($2,500.00) for each month 

remaining on her obligation. 

14. In addition to the liquidated damages, Ponce de Leon also agreed she would 

reimburse Medliant for the costs of immigration Medliant paid on Ponce de Leon’s behalf if she 

resigned prior to completion of her obligation. 

15. Effective February 15, 2023, Ponce de Leon resigned from Medliant. 

16. On April 10, 2023, counsel for Medliant sent a letter to Ponce de Leon demanding 

that Ponce de Leon fulfill her obligations under the Agreement and to pay Medliant liquidated 

damages owed plus the costs of immigration. 

17. Ponce de Leon has breached the Agreement because she has refused to pay 

Medliant any of the liquidated damages owed to Medliant. 

18. Ponce de Leon also breached the Agreement because she also failed to reimburse 

Medliant for the costs of immigration. 

COUNT I – BREACH OF CONTRACT 

19. Medliant incorporates by reference the allegations set forth above. 

20. The Agreement is a valid and enforceable contract. 

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 20 of 66 PageID #: 1302 Case 1:23-cv-00203 Document 1 Filed 05/25/23 Page 3 of 5 PageID #: 3
21. Ponce de Leon has breached the Agreement because she has refused to pay 

Medliant any of the liquidated damages owed to Medliant. 

22. Ponce de Leon also breached the Agreement because she also failed to reimburse 

Medliant for the costs of immigration. 

23. As a result of Ponce de Leon’s breaches, Medliant is entitled to liquidated 

damages plus the costs of immigration paid by Medliant on Ponce de Leon’s behalf. 

24. Pursuant to Sections 2(d) and 18 of the Agreement, Medliant is also entitled to an 

award of its reasonable attorneys’ fees and costs. 

PRAYER FOR RELIEF 

Medliant requests that the Court: 

A. Award liquidated damages plus the costs of immigration to Medliant in 

accordance with the Agreement; 

B. Award Medliant its attorneys’ fees and costs pursuant to Sections 2(d) and 18 of 

the Agreement; 

C. Award Medliant pre-judgment and post-judgment interest in the maximum 

amount permitted by law; and 

D. Award Medliant any and all other relief to which it is entitled. 

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 21 of 66 PageID #: 1303 Case 1:23-cv-00203 Document 1 Filed 05/25/23 Page 4 of 5 PageID #: 4
Respectfully submitted,

s/ R. Brandon Bundren

R. Brandon Bundren 

Texas Bar No. 24050353 

Bradley Arant Boult Cummings LLP 

1600 Division Street, Suite 700 

Nashville, Tennessee 37203

P: 615.244.2582 

F: 615.252.6380 

bbundren@bradley.com 

Attorney for Medliant Inc.

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 22 of 66 PageID #: 1304 Case 1:23-cv-00203 Document 1 Filed 05/25/23 Page 5 of 5 PageID #: 5
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT

for the

__________ District of __________

)

)

)

)

)

)

Plaintiff

v. Civil Action No.

Defendant

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS

OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION 

To:

(Name of person to whom this subpoena is directed)

u Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following 

documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the

material:

Place: Date and Time:

u Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or 

other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party

may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.

Place: Date and Time:

The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance;

Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to

respond to this subpoena and the potential consequences of not doing so.

Date:

CLERK OF COURT

OR

Signature of Clerk or Deputy Clerk Attorney’s signature

The name, address, e-mail address, and telephone number of the attorney representing (name of party)

, who issues or requests this subpoena, are:

Notice to the person who issues or requests this subpoena

If this subpoena commands the production of documents, electronically stored information, or tangible things or the

inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before

it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

 Eastern District of Texas

Medliant Inc.

1:23-cv-00203-MAC

Katrina Ponce de Leon

Chat Musick, 1589 Cooks Road, Silsbee, Texas 77656 (409-791-2015)

✔

See Exhibit A.

Bradley Arant Boult Cummings LLP; 600 Travis St. Ste.

5600, Houston, TX 77002; or via email to

bbundren@bradley.com 02/16/2024 5:00 pm

01/23/2024

/s/ R. Brandon Bundren

Medliant Inc.

Brandon Bundren; Bradley LLP; 1221 Broadway, Ste. 2400, Nashville, TN 37203; bbundren@bradley.com; 6152524647

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 23 of 66 PageID #: 1305
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)

I received this subpoena for (name of individual and title, if any)

on (date) .

u I served the subpoena by delivering a copy to the named person as follows:

on (date) ; or

u I returned the subpoena unexecuted because:

.

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also 

tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of

$ .

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:

Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc.:

1:23-cv-00203-MAC

0.00

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 24 of 66 PageID #: 1306
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)

(c) Place of Compliance.

 (1) For a Trial, Hearing, or Deposition. A subpoena may command a

person to attend a trial, hearing, or deposition only as follows:

 (A) within 100 miles of where the person resides, is employed, or

regularly transacts business in person; or

 (B) within the state where the person resides, is employed, or regularly

transacts business in person, if the person

 (i) is a party or a party’s officer; or

 (ii) is commanded to attend a trial and would not incur substantial

expense.

 (2) For Other Discovery. A subpoena may command:

 (A) production of documents, electronically stored information, or

tangible things at a place within 100 miles of where the person resides, is

employed, or regularly transacts business in person; and

 (B) inspection of premises at the premises to be inspected.

(d) Protecting a Person Subject to a Subpoena; Enforcement.

 (1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney

responsible for issuing and serving a subpoena must take reasonable steps

to avoid imposing undue burden or expense on a person subject to the

subpoena. The court for the district where compliance is required must

enforce this duty and impose an appropriate sanction—which may include

lost earnings and reasonable attorney’s fees—on a party or attorney who

fails to comply.

 (2) Command to Produce Materials or Permit Inspection.

(A) Appearance Not Required. A person commanded to produce

documents, electronically stored information, or tangible things, or to

permit the inspection of premises, need not appear in person at the place of

production or inspection unless also commanded to appear for a deposition,

hearing, or trial.

(B) Objections. A person commanded to produce documents or tangible

things or to permit inspection may serve on the party or attorney designated

in the subpoena a written objection to inspecting, copying, testing, or

sampling any or all of the materials or to inspecting the premises—or to

producing electronically stored information in the form or forms requested.

The objection must be served before the earlier of the time specified for

compliance or 14 days after the subpoena is served. If an objection is made,

the following rules apply:

(i) At any time, on notice to the commanded person, the serving party

may move the court for the district where compliance is required for an

order compelling production or inspection.

 (ii) These acts may be required only as directed in the order, and the

order must protect a person who is neither a party nor a party’s officer from

significant expense resulting from compliance.

 (3) Quashing or Modifying a Subpoena.

(A) When Required. On timely motion, the court for the district where

compliance is required must quash or modify a subpoena that:

 (i) fails to allow a reasonable time to comply;

(ii) requires a person to comply beyond the geographical limits

specified in Rule 45(c);

(iii) requires disclosure of privileged or other protected matter, if no

exception or waiver applies; or

(iv) subjects a person to undue burden.

(B) When Permitted. To protect a person subject to or affected by a

subpoena, the court for the district where compliance is required may, on

motion, quash or modify the subpoena if it requires:

(i) disclosing a trade secret or other confidential research,

development, or commercial information; or

(ii) disclosing an unretained expert’s opinion or information that does

not describe specific occurrences in dispute and results from the expert’s

study that was not requested by a party.

(C) Specifying Conditions as an Alternative. In the circumstances

described in Rule 45(d)(3)(B), the court may, instead of quashing or

modifying a subpoena, order appearance or production under specified

conditions if the serving party:

(i) shows a substantial need for the testimony or material that cannot be

otherwise met without undue hardship; and

(ii) ensures that the subpoenaed person will be reasonably compensated.

(e) Duties in Responding to a Subpoena.

 (1) Producing Documents or Electronically Stored Information. These

procedures apply to producing documents or electronically stored

information:

(A) Documents. A person responding to a subpoena to produce documents

must produce them as they are kept in the ordinary course of business or

must organize and label them to correspond to the categories in the demand.

(B) Form for Producing Electronically Stored Information Not Specified.

If a subpoena does not specify a form for producing electronically stored

information, the person responding must produce it in a form or forms in

which it is ordinarily maintained or in a reasonably usable form or forms.

(C) Electronically Stored Information Produced in Only One Form. The

person responding need not produce the same electronically stored

information in more than one form.

(D) Inaccessible Electronically Stored Information. The person

responding need not provide discovery of electronically stored information

from sources that the person identifies as not reasonably accessible because

of undue burden or cost. On motion to compel discovery or for a protective

order, the person responding must show that the information is not

reasonably accessible because of undue burden or cost. If that showing is

made, the court may nonetheless order discovery from such sources if the

requesting party shows good cause, considering the limitations of Rule

26(b)(2)(C). The court may specify conditions for the discovery.

(2) Claiming Privilege or Protection.

(A) Information Withheld. A person withholding subpoenaed information

under a claim that it is privileged or subject to protection as trial-preparation

material must:

(i) expressly make the claim; and

(ii) describe the nature of the withheld documents, communications, or

tangible things in a manner that, without revealing information itself

privileged or protected, will enable the parties to assess the claim.

(B) Information Produced. If information produced in response to a

subpoena is subject to a claim of privilege or of protection as

trial-preparation material, the person making the claim may notify any party

that received the information of the claim and the basis for it. After being

notified, a party must promptly return, sequester, or destroy the specified

information and any copies it has; must not use or disclose the information

until the claim is resolved; must take reasonable steps to retrieve the

information if the party disclosed it before being notified; and may promptly

present the information under seal to the court for the district where

compliance is required for a determination of the claim. The person who

produced the information must preserve the information until the claim is

resolved.

(g) Contempt.

The court for the district where compliance is required—and also, after a

motion is transferred, the issuing court—may hold in contempt a person

who, having been served, fails without adequate excuse to obey the

subpoena or an order related to it.

For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 25 of 66 PageID #: 1307
- 1 - 

EXHIBIT A TO SUBPOENA 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF TEXAS 

BEAUMONT DIVISION 

MEDLIANT INC., 

 Plaintiff, 

v. 

KATRINA PONCE DE LEON, 

 Defendant. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Civil Action No. 1:23–cv–00203–MAC 

 Please be advised that you have been identified by Katrina Ponce de Leon as having 

spoken with Ponce de Leon about her departure from her previous employer, Medliant Inc. 

(“Medliant”). Medliant requests the following documents be produced:

REQUEST NO. 1: 

Communications (including emails, text messages, instant messages, social media 

messages, etc.) between you and anyone (including Katrina Ponce de Leon) related to Katrina 

Ponce de Leon’s departure from Medliant. 

RESPONSE: 

REQUEST NO. 2: 

Communications (including emails, text messages, instant messages, social media 

messages, etc.) between you and anyone (including Katrina Ponce de Leon) related to Medliant’s 

lawsuit against Katrina Ponce de Leon. A copy of Medliant’s lawsuit is attached as Exhibit 1. 

RESPONSE: 

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 26 of 66 PageID #: 1308
- 2 - 

REQUEST NO. 3: 

Communications (including emails, text messages, instant messages, social media 

messages, etc.) between you and anyone (including Katrina Ponce de Leon) related to Medliant’s 

efforts to enforce the employment agreement between Medliant and Katrina Ponce de Leon. 

RESPONSE: 

REQUEST NO. 4: 

Communications (including emails, text messages, instant messages, social media 

messages, etc.) between you and anyone (including Katrina Ponce de Leon) related to Katrina 

Ponce de Leon’s request for accommodation from Medliant. 

RESPONSE: 

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 27 of 66 PageID #: 1309
 

EXHIBIT 1 

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 28 of 66 PageID #: 1310
IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

BEAUMONT DIVISION 

MEDLIANT INC., 

 Plaintiff, 

v. 

KATRINA PONCE DE LEON, 

 Defendant. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Civil Action No. 1:23-cv-203 

COMPLAINT

 The plaintiff, Medliant Inc. (“Medliant”), states for its Complaint against the defendant, 

Katrina Ponce de Leon (“Ponce de Leon”), as follows: 

PARTIES, JURISDICTION, AND VENUE 

1. Medliant is a Nevada corporation with its principal place of business in 

Tennessee. 

2. Ponce de Leon is an individual residing at 6550 Lexington Drive, Apartment 48, 

Beaumont, Texas 77706. Ponce de Leon may be served with process by personal service at her 

residence or wherever she may be found. 

3. This Court has original jurisdiction pursuant to 28 U.S.C. § 1332(a)(1) in that this 

is a civil action where the matter in controversy exceeds the sum or value of $75,000, exclusive 

of interest and costs, and is between Medliant, a citizen of the States of Nevada and Tennessee, 

and Ponce de Leon, a citizen of the State of Texas. 

4. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b)(1–2) because Ponce 

de Leon resides in this District and a substantial part of the events or omissions giving rise to the 

claim occurred in this District. 

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 29 of 66 PageID #: 1311 Case 1:23-cv-00203 Document 1 Filed 05/25/23 Page 1 of 5 PageID #: 1
FACTUAL BACKGROUND 

5. Medliant provides employment-related placement services throughout the United 

States, including to hospitals and other healthcare providers in southeast Texas. 

6. One of the many reasons why Medliant is so successful in providing placement 

services to its healthcare clients is primarily due to Medliant’s willingness to incur significant 

upfront costs in securing quality employees from around the world, including employees 

originally from the Philippines. 

7. Medliant sponsors each international employee in connection with securing a 

Green Card, which includes paying for all costs and expenses associated with this process. 

8. Medliant also pays for all travel to the United States for each employee, one 

month’s living accommodations for each employee, and reimburses each employee for all 

federal and state license-related application fees and expenses. 

9. In accordance with this practice, on January 18, 2022, Medliant and Ponce de 

Leon entered into an Agreement for Employment (the “Agreement”) for Ponce de Leon to come 

to the United States from the Philippines to work as a full-time registered nurse for Medliant at 

Baptist Hospitals of Southeast Texas. 

10. Pursuant to the Agreement, Medliant agreed to sponsor and pay for Ponce de 

Leon’s Green Card processing, Ponce de Leon’s travel expenses to Texas, one month’s living 

accommodations, and to reimburse Ponce de Leon for all federal and state license-related 

application fees and expenses. 

11. In consideration for the benefits described above, Ponce de Leon agreed to work a 

minimum of five thousand two hundred (5,200) straight-time hours for Medliant. 

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 30 of 66 PageID #: 1312 Case 1:23-cv-00203 Document 1 Filed 05/25/23 Page 2 of 5 PageID #: 2
12. Ponce de Leon also acknowledged that if she left Medliant’s employment prior to 

the completion of her assignment, that Medliant would not have made a reasonable amount of 

profit in relation to Medliant’s investment of time, effort, and money in promoting, training, 

testing, and licensing and otherwise assisting Ponce de Leon to become a United States 

employee. 

13. As a result, Ponce de Leon agreed that if she voluntarily left Medliant, she would 

pay, as liquidated damages, two thousand five hundred dollars ($2,500.00) for each month 

remaining on her obligation. 

14. In addition to the liquidated damages, Ponce de Leon also agreed she would 

reimburse Medliant for the costs of immigration Medliant paid on Ponce de Leon’s behalf if she 

resigned prior to completion of her obligation. 

15. Effective February 15, 2023, Ponce de Leon resigned from Medliant. 

16. On April 10, 2023, counsel for Medliant sent a letter to Ponce de Leon demanding 

that Ponce de Leon fulfill her obligations under the Agreement and to pay Medliant liquidated 

damages owed plus the costs of immigration. 

17. Ponce de Leon has breached the Agreement because she has refused to pay 

Medliant any of the liquidated damages owed to Medliant. 

18. Ponce de Leon also breached the Agreement because she also failed to reimburse 

Medliant for the costs of immigration. 

COUNT I – BREACH OF CONTRACT 

19. Medliant incorporates by reference the allegations set forth above. 

20. The Agreement is a valid and enforceable contract. 

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 31 of 66 PageID #: 1313 Case 1:23-cv-00203 Document 1 Filed 05/25/23 Page 3 of 5 PageID #: 3
21. Ponce de Leon has breached the Agreement because she has refused to pay 

Medliant any of the liquidated damages owed to Medliant. 

22. Ponce de Leon also breached the Agreement because she also failed to reimburse 

Medliant for the costs of immigration. 

23. As a result of Ponce de Leon’s breaches, Medliant is entitled to liquidated 

damages plus the costs of immigration paid by Medliant on Ponce de Leon’s behalf. 

24. Pursuant to Sections 2(d) and 18 of the Agreement, Medliant is also entitled to an 

award of its reasonable attorneys’ fees and costs. 

PRAYER FOR RELIEF 

Medliant requests that the Court: 

A. Award liquidated damages plus the costs of immigration to Medliant in 

accordance with the Agreement; 

B. Award Medliant its attorneys’ fees and costs pursuant to Sections 2(d) and 18 of 

the Agreement; 

C. Award Medliant pre-judgment and post-judgment interest in the maximum 

amount permitted by law; and 

D. Award Medliant any and all other relief to which it is entitled. 

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 32 of 66 PageID #: 1314 Case 1:23-cv-00203 Document 1 Filed 05/25/23 Page 4 of 5 PageID #: 4
Respectfully submitted,

s/ R. Brandon Bundren

R. Brandon Bundren 

Texas Bar No. 24050353 

Bradley Arant Boult Cummings LLP 

1600 Division Street, Suite 700 

Nashville, Tennessee 37203

P: 615.244.2582 

F: 615.252.6380 

bbundren@bradley.com 

Attorney for Medliant Inc.

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 33 of 66 PageID #: 1315 Case 1:23-cv-00203 Document 1 Filed 05/25/23 Page 5 of 5 PageID #: 5
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT

for the

__________ District of __________

)

)

)

)

)

)

Plaintiff

v. Civil Action No.

Defendant

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS

OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION 

To:

(Name of person to whom this subpoena is directed)

u Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following 

documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the

material:

Place: Date and Time:

u Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or 

other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party

may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.

Place: Date and Time:

The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance;

Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to

respond to this subpoena and the potential consequences of not doing so.

Date:

CLERK OF COURT

OR

Signature of Clerk or Deputy Clerk Attorney’s signature

The name, address, e-mail address, and telephone number of the attorney representing (name of party)

, who issues or requests this subpoena, are:

Notice to the person who issues or requests this subpoena

If this subpoena commands the production of documents, electronically stored information, or tangible things or the

inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before

it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

 Eastern District of Texas

Medliant Inc.

1:23-cv-00203-MAC

Katrina Ponce de Leon

Lorelei M. Miranda, 7860 Buttercup Lane, Beaumont, Texas 77713 (409-454-1264)

✔

See Exhibit A.

Bradley Arant Boult Cummings LLP; 600 Travis St. Ste.

5600, Houston, TX 77002; or via email to

bbundren@bradley.com 02/16/2024 5:00 pm

01/23/2024

/s/ R. Brandon Bundren

Medliant Inc.

Brandon Bundren; Bradley LLP; 1221 Broadway, Ste. 2400, Nashville, TN 37203; bbundren@bradley.com; 6152524647

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 34 of 66 PageID #: 1316
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)

I received this subpoena for (name of individual and title, if any)

on (date) .

u I served the subpoena by delivering a copy to the named person as follows:

on (date) ; or

u I returned the subpoena unexecuted because:

.

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also 

tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of

$ .

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:

Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc.:

1:23-cv-00203-MAC

0.00

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 35 of 66 PageID #: 1317
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)

(c) Place of Compliance.

 (1) For a Trial, Hearing, or Deposition. A subpoena may command a

person to attend a trial, hearing, or deposition only as follows:

 (A) within 100 miles of where the person resides, is employed, or

regularly transacts business in person; or

 (B) within the state where the person resides, is employed, or regularly

transacts business in person, if the person

 (i) is a party or a party’s officer; or

 (ii) is commanded to attend a trial and would not incur substantial

expense.

 (2) For Other Discovery. A subpoena may command:

 (A) production of documents, electronically stored information, or

tangible things at a place within 100 miles of where the person resides, is

employed, or regularly transacts business in person; and

 (B) inspection of premises at the premises to be inspected.

(d) Protecting a Person Subject to a Subpoena; Enforcement.

 (1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney

responsible for issuing and serving a subpoena must take reasonable steps

to avoid imposing undue burden or expense on a person subject to the

subpoena. The court for the district where compliance is required must

enforce this duty and impose an appropriate sanction—which may include

lost earnings and reasonable attorney’s fees—on a party or attorney who

fails to comply.

 (2) Command to Produce Materials or Permit Inspection.

(A) Appearance Not Required. A person commanded to produce

documents, electronically stored information, or tangible things, or to

permit the inspection of premises, need not appear in person at the place of

production or inspection unless also commanded to appear for a deposition,

hearing, or trial.

(B) Objections. A person commanded to produce documents or tangible

things or to permit inspection may serve on the party or attorney designated

in the subpoena a written objection to inspecting, copying, testing, or

sampling any or all of the materials or to inspecting the premises—or to

producing electronically stored information in the form or forms requested.

The objection must be served before the earlier of the time specified for

compliance or 14 days after the subpoena is served. If an objection is made,

the following rules apply:

(i) At any time, on notice to the commanded person, the serving party

may move the court for the district where compliance is required for an

order compelling production or inspection.

 (ii) These acts may be required only as directed in the order, and the

order must protect a person who is neither a party nor a party’s officer from

significant expense resulting from compliance.

 (3) Quashing or Modifying a Subpoena.

(A) When Required. On timely motion, the court for the district where

compliance is required must quash or modify a subpoena that:

 (i) fails to allow a reasonable time to comply;

(ii) requires a person to comply beyond the geographical limits

specified in Rule 45(c);

(iii) requires disclosure of privileged or other protected matter, if no

exception or waiver applies; or

(iv) subjects a person to undue burden.

(B) When Permitted. To protect a person subject to or affected by a

subpoena, the court for the district where compliance is required may, on

motion, quash or modify the subpoena if it requires:

(i) disclosing a trade secret or other confidential research,

development, or commercial information; or

(ii) disclosing an unretained expert’s opinion or information that does

not describe specific occurrences in dispute and results from the expert’s

study that was not requested by a party.

(C) Specifying Conditions as an Alternative. In the circumstances

described in Rule 45(d)(3)(B), the court may, instead of quashing or

modifying a subpoena, order appearance or production under specified

conditions if the serving party:

(i) shows a substantial need for the testimony or material that cannot be

otherwise met without undue hardship; and

(ii) ensures that the subpoenaed person will be reasonably compensated.

(e) Duties in Responding to a Subpoena.

 (1) Producing Documents or Electronically Stored Information. These

procedures apply to producing documents or electronically stored

information:

(A) Documents. A person responding to a subpoena to produce documents

must produce them as they are kept in the ordinary course of business or

must organize and label them to correspond to the categories in the demand.

(B) Form for Producing Electronically Stored Information Not Specified.

If a subpoena does not specify a form for producing electronically stored

information, the person responding must produce it in a form or forms in

which it is ordinarily maintained or in a reasonably usable form or forms.

(C) Electronically Stored Information Produced in Only One Form. The

person responding need not produce the same electronically stored

information in more than one form.

(D) Inaccessible Electronically Stored Information. The person

responding need not provide discovery of electronically stored information

from sources that the person identifies as not reasonably accessible because

of undue burden or cost. On motion to compel discovery or for a protective

order, the person responding must show that the information is not

reasonably accessible because of undue burden or cost. If that showing is

made, the court may nonetheless order discovery from such sources if the

requesting party shows good cause, considering the limitations of Rule

26(b)(2)(C). The court may specify conditions for the discovery.

(2) Claiming Privilege or Protection.

(A) Information Withheld. A person withholding subpoenaed information

under a claim that it is privileged or subject to protection as trial-preparation

material must:

(i) expressly make the claim; and

(ii) describe the nature of the withheld documents, communications, or

tangible things in a manner that, without revealing information itself

privileged or protected, will enable the parties to assess the claim.

(B) Information Produced. If information produced in response to a

subpoena is subject to a claim of privilege or of protection as

trial-preparation material, the person making the claim may notify any party

that received the information of the claim and the basis for it. After being

notified, a party must promptly return, sequester, or destroy the specified

information and any copies it has; must not use or disclose the information

until the claim is resolved; must take reasonable steps to retrieve the

information if the party disclosed it before being notified; and may promptly

present the information under seal to the court for the district where

compliance is required for a determination of the claim. The person who

produced the information must preserve the information until the claim is

resolved.

(g) Contempt.

The court for the district where compliance is required—and also, after a

motion is transferred, the issuing court—may hold in contempt a person

who, having been served, fails without adequate excuse to obey the

subpoena or an order related to it.

For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 36 of 66 PageID #: 1318
- 1 - 

EXHIBIT A TO SUBPOENA 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF TEXAS 

BEAUMONT DIVISION 

MEDLIANT INC., 

 Plaintiff, 

v. 

KATRINA PONCE DE LEON, 

 Defendant. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Civil Action No. 1:23–cv–00203–MAC 

 Please be advised that you have been identified by Katrina Ponce de Leon as having 

spoken with Ponce de Leon about her departure from her previous employer, Medliant Inc. 

(“Medliant”). Medliant requests the following documents be produced:

REQUEST NO. 1: 

Communications (including emails, text messages, instant messages, social media 

messages, etc.) between you and anyone (including Katrina Ponce de Leon) related to Katrina 

Ponce de Leon’s departure from Medliant. 

RESPONSE: 

REQUEST NO. 2: 

Communications (including emails, text messages, instant messages, social media 

messages, etc.) between you and anyone (including Katrina Ponce de Leon) related to Medliant’s 

lawsuit against Katrina Ponce de Leon. A copy of Medliant’s lawsuit is attached as Exhibit 1. 

RESPONSE: 

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 37 of 66 PageID #: 1319
- 2 - 

REQUEST NO. 3: 

Communications (including emails, text messages, instant messages, social media 

messages, etc.) between you and anyone (including Katrina Ponce de Leon) related to Medliant’s 

efforts to enforce the employment agreement between Medliant and Katrina Ponce de Leon. 

RESPONSE: 

REQUEST NO. 4: 

Communications (including emails, text messages, instant messages, social media 

messages, etc.) between you and anyone (including Katrina Ponce de Leon) related to Katrina 

Ponce de Leon’s request for accommodation from Medliant. 

RESPONSE: 

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 38 of 66 PageID #: 1320
 

EXHIBIT 1 

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 39 of 66 PageID #: 1321
IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

BEAUMONT DIVISION 

MEDLIANT INC., 

 Plaintiff, 

v. 

KATRINA PONCE DE LEON, 

 Defendant. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Civil Action No. 1:23-cv-203 

COMPLAINT

 The plaintiff, Medliant Inc. (“Medliant”), states for its Complaint against the defendant, 

Katrina Ponce de Leon (“Ponce de Leon”), as follows: 

PARTIES, JURISDICTION, AND VENUE 

1. Medliant is a Nevada corporation with its principal place of business in 

Tennessee. 

2. Ponce de Leon is an individual residing at 6550 Lexington Drive, Apartment 48, 

Beaumont, Texas 77706. Ponce de Leon may be served with process by personal service at her 

residence or wherever she may be found. 

3. This Court has original jurisdiction pursuant to 28 U.S.C. § 1332(a)(1) in that this 

is a civil action where the matter in controversy exceeds the sum or value of $75,000, exclusive 

of interest and costs, and is between Medliant, a citizen of the States of Nevada and Tennessee, 

and Ponce de Leon, a citizen of the State of Texas. 

4. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b)(1–2) because Ponce 

de Leon resides in this District and a substantial part of the events or omissions giving rise to the 

claim occurred in this District. 

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 40 of 66 PageID #: 1322 Case 1:23-cv-00203 Document 1 Filed 05/25/23 Page 1 of 5 PageID #: 1
FACTUAL BACKGROUND 

5. Medliant provides employment-related placement services throughout the United 

States, including to hospitals and other healthcare providers in southeast Texas. 

6. One of the many reasons why Medliant is so successful in providing placement 

services to its healthcare clients is primarily due to Medliant’s willingness to incur significant 

upfront costs in securing quality employees from around the world, including employees 

originally from the Philippines. 

7. Medliant sponsors each international employee in connection with securing a 

Green Card, which includes paying for all costs and expenses associated with this process. 

8. Medliant also pays for all travel to the United States for each employee, one 

month’s living accommodations for each employee, and reimburses each employee for all 

federal and state license-related application fees and expenses. 

9. In accordance with this practice, on January 18, 2022, Medliant and Ponce de 

Leon entered into an Agreement for Employment (the “Agreement”) for Ponce de Leon to come 

to the United States from the Philippines to work as a full-time registered nurse for Medliant at 

Baptist Hospitals of Southeast Texas. 

10. Pursuant to the Agreement, Medliant agreed to sponsor and pay for Ponce de 

Leon’s Green Card processing, Ponce de Leon’s travel expenses to Texas, one month’s living 

accommodations, and to reimburse Ponce de Leon for all federal and state license-related 

application fees and expenses. 

11. In consideration for the benefits described above, Ponce de Leon agreed to work a 

minimum of five thousand two hundred (5,200) straight-time hours for Medliant. 

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 41 of 66 PageID #: 1323 Case 1:23-cv-00203 Document 1 Filed 05/25/23 Page 2 of 5 PageID #: 2
12. Ponce de Leon also acknowledged that if she left Medliant’s employment prior to 

the completion of her assignment, that Medliant would not have made a reasonable amount of 

profit in relation to Medliant’s investment of time, effort, and money in promoting, training, 

testing, and licensing and otherwise assisting Ponce de Leon to become a United States 

employee. 

13. As a result, Ponce de Leon agreed that if she voluntarily left Medliant, she would 

pay, as liquidated damages, two thousand five hundred dollars ($2,500.00) for each month 

remaining on her obligation. 

14. In addition to the liquidated damages, Ponce de Leon also agreed she would 

reimburse Medliant for the costs of immigration Medliant paid on Ponce de Leon’s behalf if she 

resigned prior to completion of her obligation. 

15. Effective February 15, 2023, Ponce de Leon resigned from Medliant. 

16. On April 10, 2023, counsel for Medliant sent a letter to Ponce de Leon demanding 

that Ponce de Leon fulfill her obligations under the Agreement and to pay Medliant liquidated 

damages owed plus the costs of immigration. 

17. Ponce de Leon has breached the Agreement because she has refused to pay 

Medliant any of the liquidated damages owed to Medliant. 

18. Ponce de Leon also breached the Agreement because she also failed to reimburse 

Medliant for the costs of immigration. 

COUNT I – BREACH OF CONTRACT 

19. Medliant incorporates by reference the allegations set forth above. 

20. The Agreement is a valid and enforceable contract. 

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 42 of 66 PageID #: 1324 Case 1:23-cv-00203 Document 1 Filed 05/25/23 Page 3 of 5 PageID #: 3
21. Ponce de Leon has breached the Agreement because she has refused to pay 

Medliant any of the liquidated damages owed to Medliant. 

22. Ponce de Leon also breached the Agreement because she also failed to reimburse 

Medliant for the costs of immigration. 

23. As a result of Ponce de Leon’s breaches, Medliant is entitled to liquidated 

damages plus the costs of immigration paid by Medliant on Ponce de Leon’s behalf. 

24. Pursuant to Sections 2(d) and 18 of the Agreement, Medliant is also entitled to an 

award of its reasonable attorneys’ fees and costs. 

PRAYER FOR RELIEF 

Medliant requests that the Court: 

A. Award liquidated damages plus the costs of immigration to Medliant in 

accordance with the Agreement; 

B. Award Medliant its attorneys’ fees and costs pursuant to Sections 2(d) and 18 of 

the Agreement; 

C. Award Medliant pre-judgment and post-judgment interest in the maximum 

amount permitted by law; and 

D. Award Medliant any and all other relief to which it is entitled. 

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 43 of 66 PageID #: 1325 Case 1:23-cv-00203 Document 1 Filed 05/25/23 Page 4 of 5 PageID #: 4
Respectfully submitted,

s/ R. Brandon Bundren

R. Brandon Bundren 

Texas Bar No. 24050353 

Bradley Arant Boult Cummings LLP 

1600 Division Street, Suite 700 

Nashville, Tennessee 37203

P: 615.244.2582 

F: 615.252.6380 

bbundren@bradley.com 

Attorney for Medliant Inc.

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 44 of 66 PageID #: 1326 Case 1:23-cv-00203 Document 1 Filed 05/25/23 Page 5 of 5 PageID #: 5
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT

for the

__________ District of __________

)

)

)

)

)

)

Plaintiff

v. Civil Action No.

Defendant

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS

OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION 

To:

(Name of person to whom this subpoena is directed)

u Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following 

documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the

material:

Place: Date and Time:

u Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or 

other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party

may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.

Place: Date and Time:

The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance;

Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to

respond to this subpoena and the potential consequences of not doing so.

Date:

CLERK OF COURT

OR

Signature of Clerk or Deputy Clerk Attorney’s signature

The name, address, e-mail address, and telephone number of the attorney representing (name of party)

, who issues or requests this subpoena, are:

Notice to the person who issues or requests this subpoena

If this subpoena commands the production of documents, electronically stored information, or tangible things or the

inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before

it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

 Eastern District of Texas

Medliant Inc.

1:23-cv-00203-MAC

Katrina Ponce de Leon

Marife D. Sevilla, 2195 Cobblehill Place, San Mateo, California 94402 (650-302-0210)

✔

See Exhibit A.

Veritext Legal Solutions; 101 Montgomery Street, Suite

450, San Francisco, CA 94104; or via email to

bbundren@bradley.com 02/23/2024 5:00 pm

01/23/2024

/s/ R. Brandon Bundren

Medliant Inc.

Brandon Bundren; Bradley LLP; 1221 Broadway, Ste. 2400, Nashville, TN 37203; bbundren@bradley.com; 6152524647

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 45 of 66 PageID #: 1327
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)

I received this subpoena for (name of individual and title, if any)

on (date) .

u I served the subpoena by delivering a copy to the named person as follows:

on (date) ; or

u I returned the subpoena unexecuted because:

.

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also 

tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of

$ .

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:

Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc.:

1:23-cv-00203-MAC

0.00

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 46 of 66 PageID #: 1328
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)

(c) Place of Compliance.

 (1) For a Trial, Hearing, or Deposition. A subpoena may command a

person to attend a trial, hearing, or deposition only as follows:

 (A) within 100 miles of where the person resides, is employed, or

regularly transacts business in person; or

 (B) within the state where the person resides, is employed, or regularly

transacts business in person, if the person

 (i) is a party or a party’s officer; or

 (ii) is commanded to attend a trial and would not incur substantial

expense.

 (2) For Other Discovery. A subpoena may command:

 (A) production of documents, electronically stored information, or

tangible things at a place within 100 miles of where the person resides, is

employed, or regularly transacts business in person; and

 (B) inspection of premises at the premises to be inspected.

(d) Protecting a Person Subject to a Subpoena; Enforcement.

 (1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney

responsible for issuing and serving a subpoena must take reasonable steps

to avoid imposing undue burden or expense on a person subject to the

subpoena. The court for the district where compliance is required must

enforce this duty and impose an appropriate sanction—which may include

lost earnings and reasonable attorney’s fees—on a party or attorney who

fails to comply.

 (2) Command to Produce Materials or Permit Inspection.

(A) Appearance Not Required. A person commanded to produce

documents, electronically stored information, or tangible things, or to

permit the inspection of premises, need not appear in person at the place of

production or inspection unless also commanded to appear for a deposition,

hearing, or trial.

(B) Objections. A person commanded to produce documents or tangible

things or to permit inspection may serve on the party or attorney designated

in the subpoena a written objection to inspecting, copying, testing, or

sampling any or all of the materials or to inspecting the premises—or to

producing electronically stored information in the form or forms requested.

The objection must be served before the earlier of the time specified for

compliance or 14 days after the subpoena is served. If an objection is made,

the following rules apply:

(i) At any time, on notice to the commanded person, the serving party

may move the court for the district where compliance is required for an

order compelling production or inspection.

 (ii) These acts may be required only as directed in the order, and the

order must protect a person who is neither a party nor a party’s officer from

significant expense resulting from compliance.

 (3) Quashing or Modifying a Subpoena.

(A) When Required. On timely motion, the court for the district where

compliance is required must quash or modify a subpoena that:

 (i) fails to allow a reasonable time to comply;

(ii) requires a person to comply beyond the geographical limits

specified in Rule 45(c);

(iii) requires disclosure of privileged or other protected matter, if no

exception or waiver applies; or

(iv) subjects a person to undue burden.

(B) When Permitted. To protect a person subject to or affected by a

subpoena, the court for the district where compliance is required may, on

motion, quash or modify the subpoena if it requires:

(i) disclosing a trade secret or other confidential research,

development, or commercial information; or

(ii) disclosing an unretained expert’s opinion or information that does

not describe specific occurrences in dispute and results from the expert’s

study that was not requested by a party.

(C) Specifying Conditions as an Alternative. In the circumstances

described in Rule 45(d)(3)(B), the court may, instead of quashing or

modifying a subpoena, order appearance or production under specified

conditions if the serving party:

(i) shows a substantial need for the testimony or material that cannot be

otherwise met without undue hardship; and

(ii) ensures that the subpoenaed person will be reasonably compensated.

(e) Duties in Responding to a Subpoena.

 (1) Producing Documents or Electronically Stored Information. These

procedures apply to producing documents or electronically stored

information:

(A) Documents. A person responding to a subpoena to produce documents

must produce them as they are kept in the ordinary course of business or

must organize and label them to correspond to the categories in the demand.

(B) Form for Producing Electronically Stored Information Not Specified.

If a subpoena does not specify a form for producing electronically stored

information, the person responding must produce it in a form or forms in

which it is ordinarily maintained or in a reasonably usable form or forms.

(C) Electronically Stored Information Produced in Only One Form. The

person responding need not produce the same electronically stored

information in more than one form.

(D) Inaccessible Electronically Stored Information. The person

responding need not provide discovery of electronically stored information

from sources that the person identifies as not reasonably accessible because

of undue burden or cost. On motion to compel discovery or for a protective

order, the person responding must show that the information is not

reasonably accessible because of undue burden or cost. If that showing is

made, the court may nonetheless order discovery from such sources if the

requesting party shows good cause, considering the limitations of Rule

26(b)(2)(C). The court may specify conditions for the discovery.

(2) Claiming Privilege or Protection.

(A) Information Withheld. A person withholding subpoenaed information

under a claim that it is privileged or subject to protection as trial-preparation

material must:

(i) expressly make the claim; and

(ii) describe the nature of the withheld documents, communications, or

tangible things in a manner that, without revealing information itself

privileged or protected, will enable the parties to assess the claim.

(B) Information Produced. If information produced in response to a

subpoena is subject to a claim of privilege or of protection as

trial-preparation material, the person making the claim may notify any party

that received the information of the claim and the basis for it. After being

notified, a party must promptly return, sequester, or destroy the specified

information and any copies it has; must not use or disclose the information

until the claim is resolved; must take reasonable steps to retrieve the

information if the party disclosed it before being notified; and may promptly

present the information under seal to the court for the district where

compliance is required for a determination of the claim. The person who

produced the information must preserve the information until the claim is

resolved.

(g) Contempt.

The court for the district where compliance is required—and also, after a

motion is transferred, the issuing court—may hold in contempt a person

who, having been served, fails without adequate excuse to obey the

subpoena or an order related to it.

For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 47 of 66 PageID #: 1329
- 1 - 

EXHIBIT A TO SUBPOENA 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF TEXAS 

BEAUMONT DIVISION 

MEDLIANT INC., 

 Plaintiff, 

v. 

KATRINA PONCE DE LEON, 

 Defendant. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Civil Action No. 1:23–cv–00203–MAC 

 Please be advised that you have been identified by Katrina Ponce de Leon as having 

spoken with Ponce de Leon about her departure from her previous employer, Medliant Inc. 

(“Medliant”). Medliant requests the following documents be produced:

REQUEST NO. 1: 

Communications (including emails, text messages, instant messages, social media 

messages, etc.) between you and anyone (including Katrina Ponce de Leon) related to Katrina 

Ponce de Leon’s departure from Medliant. 

RESPONSE: 

REQUEST NO. 2: 

Communications (including emails, text messages, instant messages, social media 

messages, etc.) between you and anyone (including Katrina Ponce de Leon) related to Medliant’s 

lawsuit against Katrina Ponce de Leon. A copy of Medliant’s lawsuit is attached as Exhibit 1. 

RESPONSE: 

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 48 of 66 PageID #: 1330
- 2 - 

REQUEST NO. 3: 

Communications (including emails, text messages, instant messages, social media 

messages, etc.) between you and anyone (including Katrina Ponce de Leon) related to Medliant’s 

efforts to enforce the employment agreement between Medliant and Katrina Ponce de Leon. 

RESPONSE: 

REQUEST NO. 4: 

Communications (including emails, text messages, instant messages, social media 

messages, etc.) between you and anyone (including Katrina Ponce de Leon) related to Katrina 

Ponce de Leon’s request for accommodation from Medliant. 

RESPONSE: 

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 49 of 66 PageID #: 1331
 

EXHIBIT 1 

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 50 of 66 PageID #: 1332
IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

BEAUMONT DIVISION 

MEDLIANT INC., 

 Plaintiff, 

v. 

KATRINA PONCE DE LEON, 

 Defendant. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Civil Action No. 1:23-cv-203 

COMPLAINT

 The plaintiff, Medliant Inc. (“Medliant”), states for its Complaint against the defendant, 

Katrina Ponce de Leon (“Ponce de Leon”), as follows: 

PARTIES, JURISDICTION, AND VENUE 

1. Medliant is a Nevada corporation with its principal place of business in 

Tennessee. 

2. Ponce de Leon is an individual residing at 6550 Lexington Drive, Apartment 48, 

Beaumont, Texas 77706. Ponce de Leon may be served with process by personal service at her 

residence or wherever she may be found. 

3. This Court has original jurisdiction pursuant to 28 U.S.C. § 1332(a)(1) in that this 

is a civil action where the matter in controversy exceeds the sum or value of $75,000, exclusive 

of interest and costs, and is between Medliant, a citizen of the States of Nevada and Tennessee, 

and Ponce de Leon, a citizen of the State of Texas. 

4. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b)(1–2) because Ponce 

de Leon resides in this District and a substantial part of the events or omissions giving rise to the 

claim occurred in this District. 

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FACTUAL BACKGROUND 

5. Medliant provides employment-related placement services throughout the United 

States, including to hospitals and other healthcare providers in southeast Texas. 

6. One of the many reasons why Medliant is so successful in providing placement 

services to its healthcare clients is primarily due to Medliant’s willingness to incur significant 

upfront costs in securing quality employees from around the world, including employees 

originally from the Philippines. 

7. Medliant sponsors each international employee in connection with securing a 

Green Card, which includes paying for all costs and expenses associated with this process. 

8. Medliant also pays for all travel to the United States for each employee, one 

month’s living accommodations for each employee, and reimburses each employee for all 

federal and state license-related application fees and expenses. 

9. In accordance with this practice, on January 18, 2022, Medliant and Ponce de 

Leon entered into an Agreement for Employment (the “Agreement”) for Ponce de Leon to come 

to the United States from the Philippines to work as a full-time registered nurse for Medliant at 

Baptist Hospitals of Southeast Texas. 

10. Pursuant to the Agreement, Medliant agreed to sponsor and pay for Ponce de 

Leon’s Green Card processing, Ponce de Leon’s travel expenses to Texas, one month’s living 

accommodations, and to reimburse Ponce de Leon for all federal and state license-related 

application fees and expenses. 

11. In consideration for the benefits described above, Ponce de Leon agreed to work a 

minimum of five thousand two hundred (5,200) straight-time hours for Medliant. 

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12. Ponce de Leon also acknowledged that if she left Medliant’s employment prior to 

the completion of her assignment, that Medliant would not have made a reasonable amount of 

profit in relation to Medliant’s investment of time, effort, and money in promoting, training, 

testing, and licensing and otherwise assisting Ponce de Leon to become a United States 

employee. 

13. As a result, Ponce de Leon agreed that if she voluntarily left Medliant, she would 

pay, as liquidated damages, two thousand five hundred dollars ($2,500.00) for each month 

remaining on her obligation. 

14. In addition to the liquidated damages, Ponce de Leon also agreed she would 

reimburse Medliant for the costs of immigration Medliant paid on Ponce de Leon’s behalf if she 

resigned prior to completion of her obligation. 

15. Effective February 15, 2023, Ponce de Leon resigned from Medliant. 

16. On April 10, 2023, counsel for Medliant sent a letter to Ponce de Leon demanding 

that Ponce de Leon fulfill her obligations under the Agreement and to pay Medliant liquidated 

damages owed plus the costs of immigration. 

17. Ponce de Leon has breached the Agreement because she has refused to pay 

Medliant any of the liquidated damages owed to Medliant. 

18. Ponce de Leon also breached the Agreement because she also failed to reimburse 

Medliant for the costs of immigration. 

COUNT I – BREACH OF CONTRACT 

19. Medliant incorporates by reference the allegations set forth above. 

20. The Agreement is a valid and enforceable contract. 

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21. Ponce de Leon has breached the Agreement because she has refused to pay 

Medliant any of the liquidated damages owed to Medliant. 

22. Ponce de Leon also breached the Agreement because she also failed to reimburse 

Medliant for the costs of immigration. 

23. As a result of Ponce de Leon’s breaches, Medliant is entitled to liquidated 

damages plus the costs of immigration paid by Medliant on Ponce de Leon’s behalf. 

24. Pursuant to Sections 2(d) and 18 of the Agreement, Medliant is also entitled to an 

award of its reasonable attorneys’ fees and costs. 

PRAYER FOR RELIEF 

Medliant requests that the Court: 

A. Award liquidated damages plus the costs of immigration to Medliant in 

accordance with the Agreement; 

B. Award Medliant its attorneys’ fees and costs pursuant to Sections 2(d) and 18 of 

the Agreement; 

C. Award Medliant pre-judgment and post-judgment interest in the maximum 

amount permitted by law; and 

D. Award Medliant any and all other relief to which it is entitled. 

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Respectfully submitted,

s/ R. Brandon Bundren

R. Brandon Bundren 

Texas Bar No. 24050353 

Bradley Arant Boult Cummings LLP 

1600 Division Street, Suite 700 

Nashville, Tennessee 37203

P: 615.244.2582 

F: 615.252.6380 

bbundren@bradley.com 

Attorney for Medliant Inc.

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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT

for the

__________ District of __________

)

)

)

)

)

)

Plaintiff

v. Civil Action No.

Defendant

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS

OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION 

To:

(Name of person to whom this subpoena is directed)

u Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following 

documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the

material:

Place: Date and Time:

u Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or 

other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party

may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.

Place: Date and Time:

The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance;

Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to

respond to this subpoena and the potential consequences of not doing so.

Date:

CLERK OF COURT

OR

Signature of Clerk or Deputy Clerk Attorney’s signature

The name, address, e-mail address, and telephone number of the attorney representing (name of party)

, who issues or requests this subpoena, are:

Notice to the person who issues or requests this subpoena

If this subpoena commands the production of documents, electronically stored information, or tangible things or the

inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before

it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

 Eastern District of Texas

Medliant Inc.

1:23-cv-00203-MAC

Katrina Ponce de Leon

Manny Ramos, 1800 S. Kirkman Road, Orlando, Florida 32811 (407-582-1180)

✔

See Exhibit A.

Veritext Legal Solutions, 633 E. Colonial Drive,

Orlando, FL 32803; or via email to

bbundren@bradley.com 02/23/2024 5:00 pm

01/23/2024

/s/ R. Brandon Bundren

Medliant Inc.

Brandon Bundren; Bradley LLP; 1221 Broadway, Ste. 2400, Nashville, TN 37203; bbundren@bradley.com; 6152524647

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 56 of 66 PageID #: 1338
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)

I received this subpoena for (name of individual and title, if any)

on (date) .

u I served the subpoena by delivering a copy to the named person as follows:

on (date) ; or

u I returned the subpoena unexecuted because:

.

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also 

tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of

$ .

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:

Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc.:

1:23-cv-00203-MAC

0.00

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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)

(c) Place of Compliance.

 (1) For a Trial, Hearing, or Deposition. A subpoena may command a

person to attend a trial, hearing, or deposition only as follows:

 (A) within 100 miles of where the person resides, is employed, or

regularly transacts business in person; or

 (B) within the state where the person resides, is employed, or regularly

transacts business in person, if the person

 (i) is a party or a party’s officer; or

 (ii) is commanded to attend a trial and would not incur substantial

expense.

 (2) For Other Discovery. A subpoena may command:

 (A) production of documents, electronically stored information, or

tangible things at a place within 100 miles of where the person resides, is

employed, or regularly transacts business in person; and

 (B) inspection of premises at the premises to be inspected.

(d) Protecting a Person Subject to a Subpoena; Enforcement.

 (1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney

responsible for issuing and serving a subpoena must take reasonable steps

to avoid imposing undue burden or expense on a person subject to the

subpoena. The court for the district where compliance is required must

enforce this duty and impose an appropriate sanction—which may include

lost earnings and reasonable attorney’s fees—on a party or attorney who

fails to comply.

 (2) Command to Produce Materials or Permit Inspection.

(A) Appearance Not Required. A person commanded to produce

documents, electronically stored information, or tangible things, or to

permit the inspection of premises, need not appear in person at the place of

production or inspection unless also commanded to appear for a deposition,

hearing, or trial.

(B) Objections. A person commanded to produce documents or tangible

things or to permit inspection may serve on the party or attorney designated

in the subpoena a written objection to inspecting, copying, testing, or

sampling any or all of the materials or to inspecting the premises—or to

producing electronically stored information in the form or forms requested.

The objection must be served before the earlier of the time specified for

compliance or 14 days after the subpoena is served. If an objection is made,

the following rules apply:

(i) At any time, on notice to the commanded person, the serving party

may move the court for the district where compliance is required for an

order compelling production or inspection.

 (ii) These acts may be required only as directed in the order, and the

order must protect a person who is neither a party nor a party’s officer from

significant expense resulting from compliance.

 (3) Quashing or Modifying a Subpoena.

(A) When Required. On timely motion, the court for the district where

compliance is required must quash or modify a subpoena that:

 (i) fails to allow a reasonable time to comply;

(ii) requires a person to comply beyond the geographical limits

specified in Rule 45(c);

(iii) requires disclosure of privileged or other protected matter, if no

exception or waiver applies; or

(iv) subjects a person to undue burden.

(B) When Permitted. To protect a person subject to or affected by a

subpoena, the court for the district where compliance is required may, on

motion, quash or modify the subpoena if it requires:

(i) disclosing a trade secret or other confidential research,

development, or commercial information; or

(ii) disclosing an unretained expert’s opinion or information that does

not describe specific occurrences in dispute and results from the expert’s

study that was not requested by a party.

(C) Specifying Conditions as an Alternative. In the circumstances

described in Rule 45(d)(3)(B), the court may, instead of quashing or

modifying a subpoena, order appearance or production under specified

conditions if the serving party:

(i) shows a substantial need for the testimony or material that cannot be

otherwise met without undue hardship; and

(ii) ensures that the subpoenaed person will be reasonably compensated.

(e) Duties in Responding to a Subpoena.

 (1) Producing Documents or Electronically Stored Information. These

procedures apply to producing documents or electronically stored

information:

(A) Documents. A person responding to a subpoena to produce documents

must produce them as they are kept in the ordinary course of business or

must organize and label them to correspond to the categories in the demand.

(B) Form for Producing Electronically Stored Information Not Specified.

If a subpoena does not specify a form for producing electronically stored

information, the person responding must produce it in a form or forms in

which it is ordinarily maintained or in a reasonably usable form or forms.

(C) Electronically Stored Information Produced in Only One Form. The

person responding need not produce the same electronically stored

information in more than one form.

(D) Inaccessible Electronically Stored Information. The person

responding need not provide discovery of electronically stored information

from sources that the person identifies as not reasonably accessible because

of undue burden or cost. On motion to compel discovery or for a protective

order, the person responding must show that the information is not

reasonably accessible because of undue burden or cost. If that showing is

made, the court may nonetheless order discovery from such sources if the

requesting party shows good cause, considering the limitations of Rule

26(b)(2)(C). The court may specify conditions for the discovery.

(2) Claiming Privilege or Protection.

(A) Information Withheld. A person withholding subpoenaed information

under a claim that it is privileged or subject to protection as trial-preparation

material must:

(i) expressly make the claim; and

(ii) describe the nature of the withheld documents, communications, or

tangible things in a manner that, without revealing information itself

privileged or protected, will enable the parties to assess the claim.

(B) Information Produced. If information produced in response to a

subpoena is subject to a claim of privilege or of protection as

trial-preparation material, the person making the claim may notify any party

that received the information of the claim and the basis for it. After being

notified, a party must promptly return, sequester, or destroy the specified

information and any copies it has; must not use or disclose the information

until the claim is resolved; must take reasonable steps to retrieve the

information if the party disclosed it before being notified; and may promptly

present the information under seal to the court for the district where

compliance is required for a determination of the claim. The person who

produced the information must preserve the information until the claim is

resolved.

(g) Contempt.

The court for the district where compliance is required—and also, after a

motion is transferred, the issuing court—may hold in contempt a person

who, having been served, fails without adequate excuse to obey the

subpoena or an order related to it.

For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 58 of 66 PageID #: 1340
- 1 - 

EXHIBIT A TO SUBPOENA 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF TEXAS 

BEAUMONT DIVISION 

MEDLIANT INC., 

 Plaintiff, 

v. 

KATRINA PONCE DE LEON, 

 Defendant. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Civil Action No. 1:23–cv–00203–MAC 

 Please be advised that you have been identified by Katrina Ponce de Leon as having 

spoken with Ponce de Leon about her departure from her previous employer, Medliant Inc. 

(“Medliant”). Medliant requests the following documents be produced:

REQUEST NO. 1: 

Communications (including emails, text messages, instant messages, social media 

messages, etc.) between you and anyone (including Katrina Ponce de Leon) related to Katrina 

Ponce de Leon’s departure from Medliant. 

RESPONSE: 

REQUEST NO. 2: 

Communications (including emails, text messages, instant messages, social media 

messages, etc.) between you and anyone (including Katrina Ponce de Leon) related to Medliant’s 

lawsuit against Katrina Ponce de Leon. A copy of Medliant’s lawsuit is attached as Exhibit 1. 

RESPONSE: 

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 59 of 66 PageID #: 1341
- 2 - 

REQUEST NO. 3: 

Communications (including emails, text messages, instant messages, social media 

messages, etc.) between you and anyone (including Katrina Ponce de Leon) related to Medliant’s 

efforts to enforce the employment agreement between Medliant and Katrina Ponce de Leon. 

RESPONSE: 

REQUEST NO. 4: 

Communications (including emails, text messages, instant messages, social media 

messages, etc.) between you and anyone (including Katrina Ponce de Leon) related to Katrina 

Ponce de Leon’s request for accommodation from Medliant. 

RESPONSE: 

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 60 of 66 PageID #: 1342
 

EXHIBIT 1 

Case 1:23-cv-00203-MAC Document 27-1 Filed 01/23/24 Page 61 of 66 PageID #: 1343
IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

BEAUMONT DIVISION 

MEDLIANT INC., 

 Plaintiff, 

v. 

KATRINA PONCE DE LEON, 

 Defendant. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Civil Action No. 1:23-cv-203 

COMPLAINT

 The plaintiff, Medliant Inc. (“Medliant”), states for its Complaint against the defendant, 

Katrina Ponce de Leon (“Ponce de Leon”), as follows: 

PARTIES, JURISDICTION, AND VENUE 

1. Medliant is a Nevada corporation with its principal place of business in 

Tennessee. 

2. Ponce de Leon is an individual residing at 6550 Lexington Drive, Apartment 48, 

Beaumont, Texas 77706. Ponce de Leon may be served with process by personal service at her 

residence or wherever she may be found. 

3. This Court has original jurisdiction pursuant to 28 U.S.C. § 1332(a)(1) in that this 

is a civil action where the matter in controversy exceeds the sum or value of $75,000, exclusive 

of interest and costs, and is between Medliant, a citizen of the States of Nevada and Tennessee, 

and Ponce de Leon, a citizen of the State of Texas. 

4. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b)(1–2) because Ponce 

de Leon resides in this District and a substantial part of the events or omissions giving rise to the 

claim occurred in this District. 

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FACTUAL BACKGROUND 

5. Medliant provides employment-related placement services throughout the United 

States, including to hospitals and other healthcare providers in southeast Texas. 

6. One of the many reasons why Medliant is so successful in providing placement 

services to its healthcare clients is primarily due to Medliant’s willingness to incur significant 

upfront costs in securing quality employees from around the world, including employees 

originally from the Philippines. 

7. Medliant sponsors each international employee in connection with securing a 

Green Card, which includes paying for all costs and expenses associated with this process. 

8. Medliant also pays for all travel to the United States for each employee, one 

month’s living accommodations for each employee, and reimburses each employee for all 

federal and state license-related application fees and expenses. 

9. In accordance with this practice, on January 18, 2022, Medliant and Ponce de 

Leon entered into an Agreement for Employment (the “Agreement”) for Ponce de Leon to come 

to the United States from the Philippines to work as a full-time registered nurse for Medliant at 

Baptist Hospitals of Southeast Texas. 

10. Pursuant to the Agreement, Medliant agreed to sponsor and pay for Ponce de 

Leon’s Green Card processing, Ponce de Leon’s travel expenses to Texas, one month’s living 

accommodations, and to reimburse Ponce de Leon for all federal and state license-related 

application fees and expenses. 

11. In consideration for the benefits described above, Ponce de Leon agreed to work a 

minimum of five thousand two hundred (5,200) straight-time hours for Medliant. 

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12. Ponce de Leon also acknowledged that if she left Medliant’s employment prior to 

the completion of her assignment, that Medliant would not have made a reasonable amount of 

profit in relation to Medliant’s investment of time, effort, and money in promoting, training, 

testing, and licensing and otherwise assisting Ponce de Leon to become a United States 

employee. 

13. As a result, Ponce de Leon agreed that if she voluntarily left Medliant, she would 

pay, as liquidated damages, two thousand five hundred dollars ($2,500.00) for each month 

remaining on her obligation. 

14. In addition to the liquidated damages, Ponce de Leon also agreed she would 

reimburse Medliant for the costs of immigration Medliant paid on Ponce de Leon’s behalf if she 

resigned prior to completion of her obligation. 

15. Effective February 15, 2023, Ponce de Leon resigned from Medliant. 

16. On April 10, 2023, counsel for Medliant sent a letter to Ponce de Leon demanding 

that Ponce de Leon fulfill her obligations under the Agreement and to pay Medliant liquidated 

damages owed plus the costs of immigration. 

17. Ponce de Leon has breached the Agreement because she has refused to pay 

Medliant any of the liquidated damages owed to Medliant. 

18. Ponce de Leon also breached the Agreement because she also failed to reimburse 

Medliant for the costs of immigration. 

COUNT I – BREACH OF CONTRACT 

19. Medliant incorporates by reference the allegations set forth above. 

20. The Agreement is a valid and enforceable contract. 

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21. Ponce de Leon has breached the Agreement because she has refused to pay 

Medliant any of the liquidated damages owed to Medliant. 

22. Ponce de Leon also breached the Agreement because she also failed to reimburse 

Medliant for the costs of immigration. 

23. As a result of Ponce de Leon’s breaches, Medliant is entitled to liquidated 

damages plus the costs of immigration paid by Medliant on Ponce de Leon’s behalf. 

24. Pursuant to Sections 2(d) and 18 of the Agreement, Medliant is also entitled to an 

award of its reasonable attorneys’ fees and costs. 

PRAYER FOR RELIEF 

Medliant requests that the Court: 

A. Award liquidated damages plus the costs of immigration to Medliant in 

accordance with the Agreement; 

B. Award Medliant its attorneys’ fees and costs pursuant to Sections 2(d) and 18 of 

the Agreement; 

C. Award Medliant pre-judgment and post-judgment interest in the maximum 

amount permitted by law; and 

D. Award Medliant any and all other relief to which it is entitled. 

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Respectfully submitted,

s/ R. Brandon Bundren

R. Brandon Bundren 

Texas Bar No. 24050353 

Bradley Arant Boult Cummings LLP 

1600 Division Street, Suite 700 

Nashville, Tennessee 37203

P: 615.244.2582 

F: 615.252.6380 

bbundren@bradley.com 

Attorney for Medliant Inc.

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