On April 06, 2022 a
Response
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
8/4/2022 4:44 PM
Hidalgo County District Clerks
Reviewed By: Yazmine Galvan
CAUSE NO. C-1239-22-F
MADISON PEREZ AND FELIPE SUSTAITA, § IN THE DISTRICT COURT
INDIVIDUALLY AND AS NEXT FRIENDS §
AND GUARDIAN OF GENARO ANTONIO §
SUSTAITA, A MINOR §
§
v. § 332nd JUDICIAL DISTRICT
§
THEODORE NADLER HELD, M.D.; ANITA §
KUMARY MOTWANI, M.D.; EMILY NATHALIA §
QUICK BEAR, M.D.; DOCTORS HOSPITAL §
AT RENAISSANCE HEALTH SYSTEM; AND §
UT SOUTHWESTERN HEALTH SYSTEMS § HIDALGO COUNTY, TEXAS
DEFENDANTS’ JOINT RESPONSE TO PLAINTIFFS’ MOTION TO SET CASE FOR TRIAL AND
ENTER SCHEDULING ORDER AND OBJECTIONS TO PLAINTIFFS’ PROPOSED LEVEL III
SCHEDULING ORDER
To The Honorable Judge Of Said Court:
COME NOW, Defendants, in the above-referenced and styled cause number, and hereby
submit Defendants’ Joint Response to Plaintiffs’ Motion to Set Case for Trial and Enter
Scheduling Order and Objections to Plaintiffs’ Proposed Level III Scheduling Order and would
respectfully show the Court as follows:
I.
RESPONSE AND OBJECTIONS
Defendants object to paragraphs 4 and 5 of Plaintiffs’ Proposed Level III Scheduling
Order because Plaintiffs’ proposed order includes two deadlines to designate their experts.
Texas Rule of Civil Procedure 195 governs expert designations. The expert discovery rules allow
one expert designation deadline for the party seeking affirmative relief. See Tex. R. Civ. P. 195.2
(a).
Electronically Filed
8/4/2022 4:44 PM
Hidalgo County District Clerks
Reviewed By: Yazmine Galvan
Defendants also object because Plaintiffs’ proposed order is an attempt to shift its
burden of proof to Defendants improperly. The proposed order allows the Plaintiffs to meet a
lesser burden than is required in civil lawsuits because it will enable them to preview the
Defendants’ defense theories.
II.
Defendants respectfully request that this Motion and Objections be set for hearing after
which Defendants’ objections and requests are granted, and for any further relief these
Defendants may be justly entitled.
Respectfully submitted,
GONZALEZ CASTILLO MOYA, LLP
By: /s/Ezequiel "Zeke" Moya,Jr.
Edward J. Castillo
SBN: 24040658
Ezequiel “Zeke” Moya, Jr.
SBN: 24092865
1317 E. Quebec Avenue
McAllen, Texas 78503
(956) 618-0115
FAX: (956) 618-0445
Email: law@valleyfirm.com
ATTORNEYS FOR DEFENDANT,
DOCTORS HOSPITAL AT RENAISSANCE, LTD. D/B/A
DOCTORS HOSPITAL AT RENAISSANCE HEALTH SYSTEM
(improperly named Doctors Hospital at Renaissance
Health System)
-2-
Electronically Filed
8/4/2022 4:44 PM
Hidalgo County District Clerks
Reviewed By: Yazmine Galvan
OFFICE OF THE ATTORNEY GENERAL OF TEXAS
By: /s/ Jason Warner
Jason Warner
SBN: 24028112
P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
(512) 475-2690
FAX: (512) 457-4442
Email: Jason.warner@oag.texas.gov
ATTORNEYS FOR DEFENDANT,
THE UNIVERSITY OF TEXAS RIO GRANDE VALLEY
CERTIFICATE OF CONFERENCE
Defense counsel conferred with Plaintiffs’ counsel via electronic mail. No agreement
could be reached.
_________________________________
/s/Ezequiel "Zeke" Moya,Jr.
Ezequiel “Zeke” Moya, Jr.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing document has
been forwarded to Plaintiffs’ counsel via electronic filing service on this _____
4th day of
____________________, 2022.
August
/s/Ezequiel "Zeke" Moya,Jr.
Ezequiel “Zeke” Moya, Jr.
E:\Data\data\WPDOCS\S\Sustaita, G. v. DHR 64.083 BABY DOB 7-24-2020\Defs joint resp to plfs mtn to enter scheduling order.bg.wpd
-3-
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.
Bryanna Gonzales on behalf of Ezequiel Moya, Jr.
Bar No. 24092865
bgonzales@valleyfirm.com
Envelope ID: 66986976
Status as of 8/5/2022 8:13 AM CST
Associated Case Party: Madison Perez, Individually and as Next Friend
Name BarNumber Email TimestampSubmitted Status
LES WEISBROD LWEISBROD@MILLERWEISBROD.COM 8/4/2022 4:44:41 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.
Bryanna Gonzales on behalf of Ezequiel Moya, Jr.
Bar No. 24092865
bgonzales@valleyfirm.com
Envelope ID: 66986976
Status as of 8/5/2022 8:13 AM 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 8/4/2022 4:44:41 PM SENT
Edward Castillo ecastillo@valleyfirm.com 8/4/2022 4:44:41 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.
Bryanna Gonzales on behalf of Ezequiel Moya, Jr.
Bar No. 24092865
bgonzales@valleyfirm.com
Envelope ID: 66986976
Status as of 8/5/2022 8:13 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Robert Wolf rwolf@millerweisbrod.com 8/4/2022 4:44:41 PM SENT
Lisa A. Rocheleau lrocheleau@br-lawfirm.com 8/4/2022 4:44:41 PM SENT
Alexander Rodriguez arodriguez@br-lawfirm.com 8/4/2022 4:44:41 PM SENT
Stephanie Loccisano sloccisano@millerweisbrod.com 8/4/2022 4:44:41 PM SENT
Blanche Bongiorno bbongiorno@br-lawfirm.com 8/4/2022 4:44:41 PM SENT
Michael Trull mtrull@millerweisbrod.com 8/4/2022 4:44:41 PM SENT
Blake Allen ballen@millerweisbrod.com 8/4/2022 4:44:41 PM SENT
Elois Miles emiles@millerweisbrod.com 8/4/2022 4:44:41 PM SENT
Laurie Pierce lpierce@millerweisbrod.com 8/4/2022 4:44:41 PM SENT
David Olesky dolesky@millerweisbrod.com 8/4/2022 4:44:41 PM SENT
Bianca Trejo btrejo@millerweisbrod.com 8/4/2022 4:44:41 PM SENT
Leslie Boling lboling@millerweisbrod.com 8/4/2022 4:44:41 PM SENT
Ashley Fulks afulks@millerweisbrod.com 8/4/2022 4:44:41 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.
Bryanna Gonzales on behalf of Ezequiel Moya, Jr.
Bar No. 24092865
bgonzales@valleyfirm.com
Envelope ID: 66986976
Status as of 8/5/2022 8:13 AM CST
Associated Case Party: THE UNIVERSITY OF TEXAS RIO GRANDE VALLEY
Name BarNumber Email TimestampSubmitted Status
Matthew JasonWarner jason.warner@oag.texas.gov 8/4/2022 4:44:41 PM SENT
Document Filed Date
August 04, 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 8/4/2022 4:44 PM Hidalgo County District Clerks Reviewed By: Yazmine Galvan CAUSE NO. C-1239-22-F MADISON PEREZ AND FELIPE SUSTAITA, § IN THE DISTRICT COURT INDIVIDUALLY AND AS NEXT FRIENDS § AND GUARDIAN OF GENARO ANTONIO § SUSTAITA, A MINOR § § v. § 332nd JUDICIAL DISTRICT § THEODORE NADLER HELD, M.D.; ANITA § KUMARY MOTWANI, M.D.; EMILY NATHALIA § QUICK BEAR, M.D.; DOCTORS HOSPITAL § AT RENAISSANCE HEALTH SYSTEM; AND § UT SOUTHWESTERN HEALTH SYSTEMS § HIDALGO COUNTY, TEXAS DEFENDANTS’ JOINT RESPONSE TO PLAINTIFFS’ MOTION TO SET CASE FOR TRIAL AND ENTER SCHEDULING ORDER AND OBJECTIONS TO PLAINTIFFS’ PROPOSED LEVEL III SCHEDULING ORDER To The Honorable Judge Of Said Court: COME NOW, Defendants, in the above-referenced and styled cause number, and hereby submit Defendants’ Joint Response to Plaintiffs’ Motion to Set Case for Trial and Enter Scheduling Order and Objections to Plaintiffs’ Proposed Level III Scheduling Order and would respectfully show the Court as follows: I. RESPONSE AND OBJECTIONS Defendants object to paragraphs 4 and 5 of Plaintiffs’ Proposed Level III Scheduling Order because Plaintiffs’ proposed order includes two deadlines to designate their experts. Texas Rule of Civil Procedure 195 governs expert designations. The expert discovery rules allow one expert designation deadline for the party seeking affirmative relief. See Tex. R. Civ. P. 195.2 (a). Electronically Filed 8/4/2022 4:44 PM Hidalgo County District Clerks Reviewed By: Yazmine Galvan Defendants also object because Plaintiffs’ proposed order is an attempt to shift its burden of proof to Defendants improperly. The proposed order allows the Plaintiffs to meet a lesser burden than is required in civil lawsuits because it will enable them to preview the Defendants’ defense theories. II. Defendants respectfully request that this Motion and Objections be set for hearing after which Defendants’ objections and requests are granted, and for any further relief these Defendants may be justly entitled. Respectfully submitted, GONZALEZ CASTILLO MOYA, LLP By: /s/Ezequiel "Zeke" Moya,Jr. Edward J. Castillo SBN: 24040658 Ezequiel “Zeke” Moya, Jr. SBN: 24092865 1317 E. Quebec Avenue McAllen, Texas 78503 (956) 618-0115 FAX: (956) 618-0445 Email: law@valleyfirm.com ATTORNEYS FOR DEFENDANT, DOCTORS HOSPITAL AT RENAISSANCE, LTD. D/B/A DOCTORS HOSPITAL AT RENAISSANCE HEALTH SYSTEM (improperly named Doctors Hospital at Renaissance Health System) -2- Electronically Filed 8/4/2022 4:44 PM Hidalgo County District Clerks Reviewed By: Yazmine Galvan OFFICE OF THE ATTORNEY GENERAL OF TEXAS By: /s/ Jason Warner Jason Warner SBN: 24028112 P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 (512) 475-2690 FAX: (512) 457-4442 Email: Jason.warner@oag.texas.gov ATTORNEYS FOR DEFENDANT, THE UNIVERSITY OF TEXAS RIO GRANDE VALLEY CERTIFICATE OF CONFERENCE Defense counsel conferred with Plaintiffs’ counsel via electronic mail. No agreement could be reached. _________________________________ /s/Ezequiel "Zeke" Moya,Jr. Ezequiel “Zeke” Moya, Jr. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing document has been forwarded to Plaintiffs’ counsel via electronic filing service on this _____ 4th day of ____________________, 2022. August /s/Ezequiel "Zeke" Moya,Jr. Ezequiel “Zeke” Moya, Jr. E:\Data\data\WPDOCS\S\Sustaita, G. v. DHR 64.083 BABY DOB 7-24-2020\Defs joint resp to plfs mtn to enter scheduling order.bg.wpd -3- 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. Bryanna Gonzales on behalf of Ezequiel Moya, Jr. Bar No. 24092865 bgonzales@valleyfirm.com Envelope ID: 66986976 Status as of 8/5/2022 8:13 AM CST Associated Case Party: Madison Perez, Individually and as Next Friend Name BarNumber Email TimestampSubmitted Status LES WEISBROD LWEISBROD@MILLERWEISBROD.COM 8/4/2022 4:44:41 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. Bryanna Gonzales on behalf of Ezequiel Moya, Jr. Bar No. 24092865 bgonzales@valleyfirm.com Envelope ID: 66986976 Status as of 8/5/2022 8:13 AM 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 8/4/2022 4:44:41 PM SENT Edward Castillo ecastillo@valleyfirm.com 8/4/2022 4:44:41 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. Bryanna Gonzales on behalf of Ezequiel Moya, Jr. Bar No. 24092865 bgonzales@valleyfirm.com Envelope ID: 66986976 Status as of 8/5/2022 8:13 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Robert Wolf rwolf@millerweisbrod.com 8/4/2022 4:44:41 PM SENT Lisa A. Rocheleau lrocheleau@br-lawfirm.com 8/4/2022 4:44:41 PM SENT Alexander Rodriguez arodriguez@br-lawfirm.com 8/4/2022 4:44:41 PM SENT Stephanie Loccisano sloccisano@millerweisbrod.com 8/4/2022 4:44:41 PM SENT Blanche Bongiorno bbongiorno@br-lawfirm.com 8/4/2022 4:44:41 PM SENT Michael Trull mtrull@millerweisbrod.com 8/4/2022 4:44:41 PM SENT Blake Allen ballen@millerweisbrod.com 8/4/2022 4:44:41 PM SENT Elois Miles emiles@millerweisbrod.com 8/4/2022 4:44:41 PM SENT Laurie Pierce lpierce@millerweisbrod.com 8/4/2022 4:44:41 PM SENT David Olesky dolesky@millerweisbrod.com 8/4/2022 4:44:41 PM SENT Bianca Trejo btrejo@millerweisbrod.com 8/4/2022 4:44:41 PM SENT Leslie Boling lboling@millerweisbrod.com 8/4/2022 4:44:41 PM SENT Ashley Fulks afulks@millerweisbrod.com 8/4/2022 4:44:41 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. Bryanna Gonzales on behalf of Ezequiel Moya, Jr. Bar No. 24092865 bgonzales@valleyfirm.com Envelope ID: 66986976 Status as of 8/5/2022 8:13 AM CST Associated Case Party: THE UNIVERSITY OF TEXAS RIO GRANDE VALLEY Name BarNumber Email TimestampSubmitted Status Matthew JasonWarner jason.warner@oag.texas.gov 8/4/2022 4:44:41 PM SENT