On April 06, 2022 a
Motion - PLAINTIFFS' MOTION TO SET CASE FOR TRIAL AND ENTER SCHEDULING ORDER
was filed
involving a dispute between
Perez, Individually And As Next Friend, Madison,
Sustaita Individually And As Next Friend, Felipe,
and
Doctors Hospital At Renaissance Ltd D B A Doctors Hospital At Renaissance Health Sys,
Held, Theodore Nadler, Md,
Motwani, Anita Kumary, Md,
Quick Bear, Emily Nathalia, Md,
The University Of Texas Rio Grande Valley,
Ut Southwestern Health Systems,
for Injury or Damage - Medical Malpractice (OCA)
in the District Court of Hidalgo County.
Preview
Electronically Filed
8/1/2022 4:41 PM
Hidalgo County District Clerks
Reviewed By: Yazmine Galvan
CAUSE NO. C-1239-22-F
MADISON PEREZ AND FELIPE § IN THE DISTRICT COURT OF
SUSTAITA, INDIVIDUALLY AND AS §
NEXT FRIENDS AND GUARDIAN OF §
G.A.S., A MINOR §
§
Plaintiffs, §
§
vs. § HIDALGO COUNTY, TEXAS
§
DOCTORS HOSPITAL AT §
RENAISSANCE HEALTH SYSTEM; AND §
THE UNIVERSITY OF TEXAS §
RIO GRANDE VALLEY, §
§
Defendants. § 332ND JUDICIAL DISTRICT
PLAINTIFFS’ MOTION TO SET CASE FOR TRIAL
AND ENTER SCHEDULING ORDER
Plaintiffs Madison Perez and Felipe Sustaita, Individually And As Next Friends And
Guardian Of G.A.S., file their Motion to Set Case for Trial and Enter Scheduling Order as follows:
INTRODUCTION
This is a medical malpractice case. Defendants were negligent in their care of Madison
Perez and her baby G.A.S. during labor and delivery, resulting in severe brain injury to G.A.S.
The Parties worked together to prepare a proposed scheduling order to submit to the Court and
agree on most aspects of a proposed pretrial schedule, but disagree on inclusion (or not) of
deadlines for designation of rebuttal experts. Plaintiffs strongly believe that deadlines for rebuttal
experts should be included in the scheduling order and thus respectfully ask the Court to enter the
proposed scheduling order attached to this motion as Exhibit A.
DISCUSSION
All parties agree on a proposed trial date (September 25, 2023) and on most of the pre-trial
deadlines. The only thing that the parties could not agree on is the inclusion or omission of
PLAINTIFFS’ MOTION TO ENTER SCHEDULING ORDER -- Page 1 of 4
#1305453
Electronically Filed
8/1/2022 4:41 PM
Hidalgo County District Clerks
Reviewed By: Yazmine Galvan
deadlines for rebuttal expert witnesses. Plaintiffs maintain that the scheduling order should include
a deadline for both Plaintiffs and Defendants to designate rebuttal experts. Defendants do not
agree to this. See Exhibit B. Plaintiffs feel strongly that these deadlines should be included and
thus ask the Court to enter the proposed scheduling order attached to this motion as Exhibit A.
This birth injury lawsuit involves complicated medical issues about liability and causation
and will likely require many expert witnesses in various medical specialties for both Plaintiffs and
Defendants. It is important that both sides have the opportunity to fully prepare their cases for
trial, including support from necessary experts. It is also important that the parties have certainty
as to the completion of designation of experts so that when appropriate, they can have a meaningful
mediation knowing the full slate of experts and the opinions each side will offer, without the
possibility of a party offering an expert witness “purely for rebuttal” at some point in the case.
See, e.g., Tex. R. Civ. P. 166(h). Further, including specific deadlines for designation of rebuttal
experts avoids confusion and uncertaintly as to the scope of the expert designation deadlines in the
scheduling order. See Bontke v. Cargill Meat Logistics Sol., Inc., No. 07-12-00328-CV, 2014 WL
1493369, at *4 (Tex. App.—Amarillo Apr. 14, 2014, no pet.) (holding that scheduling order with
deadline by which “each expert witness” was to be designated included all experts, including those
intended for rebuttal only).
Finally, because Plaintiffs seek a rebuttal designation deadline for both Plaintiffs and
Defendants, their proposal is fair to all and causes no prejudice to any party. There is no reason
that rebuttal designation deadlines should not be included in the scheduling order for this case.
PLAINTIFFS’ MOTION TO ENTER SCHEDULING ORDER -- Page 2 of 4
#1305453
Electronically Filed
8/1/2022 4:41 PM
Hidalgo County District Clerks
Reviewed By: Yazmine Galvan
CONCLUSION
Therefore, for the reasons explained above, Plaintiffs respectfully request that the Court
enter the proposed scheduling order attached to this motion as Exhibit A, and for all other relief to
which they are entitled.
Respectfully submitted,
MILLER WEISBROD, L.L.P.
/s/ Lauren N. Pierce
LES WEISBROD
State Bar No. 21104900
lweisbrod@millerweisbrod.com
DAVID E. OLESKY
Texas Bar No. 00784696
dolesky@millerweisbrod.com
ROBERT WOLF
Texas Bar No. 24028234
rwolf@millerweisbrod.com
LAUREN PIERCE
Texas Bar No. 00784675
lpierce@millerweisbrod.com
11551 Forest Central Drive
Forest Central II, Suite 300
Dallas, Texas 75243
(214) 987-0005/phone
(214) 987-2545/fax
ATTORNEYS FOR PLAINTIFFS
PLAINTIFFS’ MOTION TO ENTER SCHEDULING ORDER -- Page 3 of 4
#1305453
Electronically Filed
8/1/2022 4:41 PM
Hidalgo County District Clerks
Reviewed By: Yazmine Galvan
CERTIFICATE OF CONFERENCE
The undersigned certifies that she discussed the relief sought in the foregoing motion by
email exchanges between 7/12/22 and 7/25/22. Counsel for Defendants agree to all dates in the
attached proposed scheduling order other than the inclusion of deadlines for rebuttal expert
designations. The motion is thus submitted to the Court for resolution.
/s/ Lauren N. Pierce
CERTIFICATE OF SERVICE
The undersigned certifies that a true and correct copy of Plaintiffs’ Motion to Enter
Scheduling Order was served upon the following attorneys of record, as indicated below, on this,
the 1st day of August, 2022.
Via E-Service & E-Mail Via E-Service & E-Mail
Edward J. Castillo Ken Paxton
Ezequiel “Zeke” Moya, Jr. Brent Webster
Gonzalez Castillo Moya, LLP Grant Dorfman
1317 E. Quebec Avenue Shawn E. Cowles
McAllen, Texas 78503 Kara Kennedy
law@valleyfirm.com Jason Warner
Attorneys for Defendant, Doctors Hospital At Office of the Attorney General of Texas
Renaissance, Ltd. D/B/A Doctors Hospital At PO Box 12548, Capitol Station
Renaissance Health System Austin, Texas 78711
jason.warner@aog.texas.gov
Attorneys for Defendant The University of
Texas Rio Grande Valley
/s/ Lauren N. Pierce
PLAINTIFFS’ MOTION TO ENTER SCHEDULING ORDER -- Page 4 of 4
#1305453
Automated Certificate of eService
This automated certificate of service was created by the efiling system. The filer served this
document via email generated by the efiling system on the date and to the persons listed below.
The rules governing certificates of service have not changed. Filers must still provide a certificate
of service that complies with all applicable rules.
Elois Miles on behalf of Laurie Pierce
Bar No. 784675
emiles@millerweisbrod.com
Envelope ID: 66858067
Status as of 8/1/2022 4:50 PM CST
Associated Case Party: Madison Perez, Individually and as Next Friend
Name BarNumber Email TimestampSubmitted Status
LES WEISBROD LWEISBROD@MILLERWEISBROD.COM 8/1/2022 4:41:08 PM SENT
Automated Certificate of eService
This automated certificate of service was created by the efiling system. The filer served this
document via email generated by the efiling system on the date and to the persons listed below.
The rules governing certificates of service have not changed. Filers must still provide a certificate
of service that complies with all applicable rules.
Elois Miles on behalf of Laurie Pierce
Bar No. 784675
emiles@millerweisbrod.com
Envelope ID: 66858067
Status as of 8/1/2022 4:50 PM CST
Associated Case Party: Doctors Hospital at Renaissance LTD d/b/a Doctors Hospital at Renaissance Health Sys
Name BarNumber Email TimestampSubmitted Status
Ezequiel Moya emoya@valleyfirm.com 8/1/2022 4:41:08 PM SENT
Edward Castillo ecastillo@valleyfirm.com 8/1/2022 4:41:08 PM SENT
Automated Certificate of eService
This automated certificate of service was created by the efiling system. The filer served this
document via email generated by the efiling system on the date and to the persons listed below.
The rules governing certificates of service have not changed. Filers must still provide a certificate
of service that complies with all applicable rules.
Elois Miles on behalf of Laurie Pierce
Bar No. 784675
emiles@millerweisbrod.com
Envelope ID: 66858067
Status as of 8/1/2022 4:50 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Robert Wolf rwolf@millerweisbrod.com 8/1/2022 4:41:08 PM SENT
Lisa A. Rocheleau lrocheleau@br-lawfirm.com 8/1/2022 4:41:08 PM SENT
Alexander Rodriguez arodriguez@br-lawfirm.com 8/1/2022 4:41:08 PM SENT
Stephanie Loccisano sloccisano@millerweisbrod.com 8/1/2022 4:41:08 PM SENT
Blanche Bongiorno bbongiorno@br-lawfirm.com 8/1/2022 4:41:08 PM SENT
Michael Trull mtrull@millerweisbrod.com 8/1/2022 4:41:08 PM SENT
Blake Allen ballen@millerweisbrod.com 8/1/2022 4:41:08 PM SENT
Elois Miles emiles@millerweisbrod.com 8/1/2022 4:41:08 PM SENT
Laurie Pierce lpierce@millerweisbrod.com 8/1/2022 4:41:08 PM SENT
David Olesky dolesky@millerweisbrod.com 8/1/2022 4:41:08 PM SENT
Bianca Trejo btrejo@millerweisbrod.com 8/1/2022 4:41:08 PM SENT
Leslie Boling lboling@millerweisbrod.com 8/1/2022 4:41:08 PM SENT
Ashley Fulks afulks@millerweisbrod.com 8/1/2022 4:41:08 PM SENT
Automated Certificate of eService
This automated certificate of service was created by the efiling system. The filer served this
document via email generated by the efiling system on the date and to the persons listed below.
The rules governing certificates of service have not changed. Filers must still provide a certificate
of service that complies with all applicable rules.
Elois Miles on behalf of Laurie Pierce
Bar No. 784675
emiles@millerweisbrod.com
Envelope ID: 66858067
Status as of 8/1/2022 4:50 PM CST
Associated Case Party: THE UNIVERSITY OF TEXAS RIO GRANDE VALLEY
Name BarNumber Email TimestampSubmitted Status
Matthew JasonWarner jason.warner@oag.texas.gov 8/1/2022 4:41:08 PM SENT
Document Filed Date
August 01, 2022
Case Filing Date
April 06, 2022
Category
Injury or Damage - Medical Malpractice (OCA)
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
Electronically Filed 8/1/2022 4:41 PM Hidalgo County District Clerks Reviewed By: Yazmine Galvan CAUSE NO. C-1239-22-F MADISON PEREZ AND FELIPE § IN THE DISTRICT COURT OF SUSTAITA, INDIVIDUALLY AND AS § NEXT FRIENDS AND GUARDIAN OF § G.A.S., A MINOR § § Plaintiffs, § § vs. § HIDALGO COUNTY, TEXAS § DOCTORS HOSPITAL AT § RENAISSANCE HEALTH SYSTEM; AND § THE UNIVERSITY OF TEXAS § RIO GRANDE VALLEY, § § Defendants. § 332ND JUDICIAL DISTRICT PLAINTIFFS’ MOTION TO SET CASE FOR TRIAL AND ENTER SCHEDULING ORDER Plaintiffs Madison Perez and Felipe Sustaita, Individually And As Next Friends And Guardian Of G.A.S., file their Motion to Set Case for Trial and Enter Scheduling Order as follows: INTRODUCTION This is a medical malpractice case. Defendants were negligent in their care of Madison Perez and her baby G.A.S. during labor and delivery, resulting in severe brain injury to G.A.S. The Parties worked together to prepare a proposed scheduling order to submit to the Court and agree on most aspects of a proposed pretrial schedule, but disagree on inclusion (or not) of deadlines for designation of rebuttal experts. Plaintiffs strongly believe that deadlines for rebuttal experts should be included in the scheduling order and thus respectfully ask the Court to enter the proposed scheduling order attached to this motion as Exhibit A. DISCUSSION All parties agree on a proposed trial date (September 25, 2023) and on most of the pre-trial deadlines. The only thing that the parties could not agree on is the inclusion or omission of PLAINTIFFS’ MOTION TO ENTER SCHEDULING ORDER -- Page 1 of 4 #1305453 Electronically Filed 8/1/2022 4:41 PM Hidalgo County District Clerks Reviewed By: Yazmine Galvan deadlines for rebuttal expert witnesses. Plaintiffs maintain that the scheduling order should include a deadline for both Plaintiffs and Defendants to designate rebuttal experts. Defendants do not agree to this. See Exhibit B. Plaintiffs feel strongly that these deadlines should be included and thus ask the Court to enter the proposed scheduling order attached to this motion as Exhibit A. This birth injury lawsuit involves complicated medical issues about liability and causation and will likely require many expert witnesses in various medical specialties for both Plaintiffs and Defendants. It is important that both sides have the opportunity to fully prepare their cases for trial, including support from necessary experts. It is also important that the parties have certainty as to the completion of designation of experts so that when appropriate, they can have a meaningful mediation knowing the full slate of experts and the opinions each side will offer, without the possibility of a party offering an expert witness “purely for rebuttal” at some point in the case. See, e.g., Tex. R. Civ. P. 166(h). Further, including specific deadlines for designation of rebuttal experts avoids confusion and uncertaintly as to the scope of the expert designation deadlines in the scheduling order. See Bontke v. Cargill Meat Logistics Sol., Inc., No. 07-12-00328-CV, 2014 WL 1493369, at *4 (Tex. App.—Amarillo Apr. 14, 2014, no pet.) (holding that scheduling order with deadline by which “each expert witness” was to be designated included all experts, including those intended for rebuttal only). Finally, because Plaintiffs seek a rebuttal designation deadline for both Plaintiffs and Defendants, their proposal is fair to all and causes no prejudice to any party. There is no reason that rebuttal designation deadlines should not be included in the scheduling order for this case. PLAINTIFFS’ MOTION TO ENTER SCHEDULING ORDER -- Page 2 of 4 #1305453 Electronically Filed 8/1/2022 4:41 PM Hidalgo County District Clerks Reviewed By: Yazmine Galvan CONCLUSION Therefore, for the reasons explained above, Plaintiffs respectfully request that the Court enter the proposed scheduling order attached to this motion as Exhibit A, and for all other relief to which they are entitled. Respectfully submitted, MILLER WEISBROD, L.L.P. /s/ Lauren N. Pierce LES WEISBROD State Bar No. 21104900 lweisbrod@millerweisbrod.com DAVID E. OLESKY Texas Bar No. 00784696 dolesky@millerweisbrod.com ROBERT WOLF Texas Bar No. 24028234 rwolf@millerweisbrod.com LAUREN PIERCE Texas Bar No. 00784675 lpierce@millerweisbrod.com 11551 Forest Central Drive Forest Central II, Suite 300 Dallas, Texas 75243 (214) 987-0005/phone (214) 987-2545/fax ATTORNEYS FOR PLAINTIFFS PLAINTIFFS’ MOTION TO ENTER SCHEDULING ORDER -- Page 3 of 4 #1305453 Electronically Filed 8/1/2022 4:41 PM Hidalgo County District Clerks Reviewed By: Yazmine Galvan CERTIFICATE OF CONFERENCE The undersigned certifies that she discussed the relief sought in the foregoing motion by email exchanges between 7/12/22 and 7/25/22. Counsel for Defendants agree to all dates in the attached proposed scheduling order other than the inclusion of deadlines for rebuttal expert designations. The motion is thus submitted to the Court for resolution. /s/ Lauren N. Pierce CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiffs’ Motion to Enter Scheduling Order was served upon the following attorneys of record, as indicated below, on this, the 1st day of August, 2022. Via E-Service & E-Mail Via E-Service & E-Mail Edward J. Castillo Ken Paxton Ezequiel “Zeke” Moya, Jr. Brent Webster Gonzalez Castillo Moya, LLP Grant Dorfman 1317 E. Quebec Avenue Shawn E. Cowles McAllen, Texas 78503 Kara Kennedy law@valleyfirm.com Jason Warner Attorneys for Defendant, Doctors Hospital At Office of the Attorney General of Texas Renaissance, Ltd. D/B/A Doctors Hospital At PO Box 12548, Capitol Station Renaissance Health System Austin, Texas 78711 jason.warner@aog.texas.gov Attorneys for Defendant The University of Texas Rio Grande Valley /s/ Lauren N. Pierce PLAINTIFFS’ MOTION TO ENTER SCHEDULING ORDER -- Page 4 of 4 #1305453 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Elois Miles on behalf of Laurie Pierce Bar No. 784675 emiles@millerweisbrod.com Envelope ID: 66858067 Status as of 8/1/2022 4:50 PM CST Associated Case Party: Madison Perez, Individually and as Next Friend Name BarNumber Email TimestampSubmitted Status LES WEISBROD LWEISBROD@MILLERWEISBROD.COM 8/1/2022 4:41:08 PM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Elois Miles on behalf of Laurie Pierce Bar No. 784675 emiles@millerweisbrod.com Envelope ID: 66858067 Status as of 8/1/2022 4:50 PM CST Associated Case Party: Doctors Hospital at Renaissance LTD d/b/a Doctors Hospital at Renaissance Health Sys Name BarNumber Email TimestampSubmitted Status Ezequiel Moya emoya@valleyfirm.com 8/1/2022 4:41:08 PM SENT Edward Castillo ecastillo@valleyfirm.com 8/1/2022 4:41:08 PM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Elois Miles on behalf of Laurie Pierce Bar No. 784675 emiles@millerweisbrod.com Envelope ID: 66858067 Status as of 8/1/2022 4:50 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Robert Wolf rwolf@millerweisbrod.com 8/1/2022 4:41:08 PM SENT Lisa A. Rocheleau lrocheleau@br-lawfirm.com 8/1/2022 4:41:08 PM SENT Alexander Rodriguez arodriguez@br-lawfirm.com 8/1/2022 4:41:08 PM SENT Stephanie Loccisano sloccisano@millerweisbrod.com 8/1/2022 4:41:08 PM SENT Blanche Bongiorno bbongiorno@br-lawfirm.com 8/1/2022 4:41:08 PM SENT Michael Trull mtrull@millerweisbrod.com 8/1/2022 4:41:08 PM SENT Blake Allen ballen@millerweisbrod.com 8/1/2022 4:41:08 PM SENT Elois Miles emiles@millerweisbrod.com 8/1/2022 4:41:08 PM SENT Laurie Pierce lpierce@millerweisbrod.com 8/1/2022 4:41:08 PM SENT David Olesky dolesky@millerweisbrod.com 8/1/2022 4:41:08 PM SENT Bianca Trejo btrejo@millerweisbrod.com 8/1/2022 4:41:08 PM SENT Leslie Boling lboling@millerweisbrod.com 8/1/2022 4:41:08 PM SENT Ashley Fulks afulks@millerweisbrod.com 8/1/2022 4:41:08 PM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Elois Miles on behalf of Laurie Pierce Bar No. 784675 emiles@millerweisbrod.com Envelope ID: 66858067 Status as of 8/1/2022 4:50 PM CST Associated Case Party: THE UNIVERSITY OF TEXAS RIO GRANDE VALLEY Name BarNumber Email TimestampSubmitted Status Matthew JasonWarner jason.warner@oag.texas.gov 8/1/2022 4:41:08 PM SENT