Preview
FILED
6/7/2023 3:17 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Maricella Sarinana DEPUTY
CAUSE NO. DC-19-02360
YASMEEN KARAMALJI MOOLJI AND § IN THE DISTRICT COURT OF
KARAM ALI MOOLJI §
§
VS. §
§
MOSHE FELDHENDLER, M.D., MOSHE §
FELDHENDLER, M.D., P.A., MIR §
ANESTHESLA PARTNERS, PLLC, § DALLAS COUNTY, TEXAS
JENNA WISHNEW, M.D., NORTH STAR §
TEXAS SURGICAL ASSOCIATES, §
PLLC, SANTAELLA SURGICAL §
SERVICES, P.A., METHODIST §
HOSPITALS OF DALLAS D/B/A §
METHODIST RICHARDSON MEDICAL §
CENTER § 116TH JUDICIAL DISTRICT
AGREED JOINT MOTION FOR CONTINUANCE OF TRIAL SETTING
TO THE HONORABLE JUDGE 0F SAID COURT:
COME NOW, Plaintiffs, Yasmeen Karamalji Moolji and Karam Ali Moolji, by and
through their counsel of record, and Defendants, Moshe Feldhendler, M.D., Moshe Feldhendler,
M.D., PA and MIR Anesthesia Partners, PLLC, COLLECTIVELY, THE Parties in the above-
styled and numbered cause, and file this, their Agreed Joint Motion Seeking Continuance of Trial
Setting, and would respectfully show the Court the following:
I.
This lawsuit involves allegations of negligence against various healthcare providers as
that term is defined under Chapter 74 of the Texas Civil Practice and Remedies Code, including
the Defendants and other named defendants since non-suited from this case. The care and
treatment made the basis of this lawsuit took place on December 4, 2016.
On May 18, 2023, after discovery had closed in this matter, Defendants filed their (l)
Motion To Strike The Petition, (2) Motion To Dismiss Entire Lawsuit For Failure To Prosecute,
And 3) Motion for Monetary Sanctions in the Form of Attorneys’ Fees And Costs, And
AGREED JOINT MOTION FOR CONTINUANCE OF TRIAL SETTING - Page 1
Defendants’ Motion In The Alternative for Discovery Sanctions Including Preclusion Of
Plaintiffs Testimony At Trial, and Introduction Of Evidence At Trial Not Timely Produced
Before The Discovery Deadline (“Dismissal Motion”). Thereafter defense counsel contacted the
Court to obtain a hearing date and the Dismissal Motion was set for hearing on July 7, 2023, the
Friday before the current trial setting of July 10, 2023. This was the first date available on the
Court’s calendar. Thereafter, the Court informed defense counsel that the Dismissal Motion
needed to be reset for a hearing 30 days before trial.
In addition, Plaintiff’s counsel is currently set for a trial in Tarrant County in the 17th
Judicial District, in Cause No. 017-307531-19, styled Swanson v Desam', MD (“Swanson
Case”). The Swanson Case is set for trial on the same date as the current setting in this matter
and involves multiple parties and counsel and is ready to proceed.
For these reasons, the Parties are in agreement to a brief continuance of the trial setting in
this matter, due to the conflict with Plaintiff’ s counsel’s schedule and so as to allow sufficient
time for Defendants’ Dismissal Motion to be timely heard.
II.
THE AGREED JOINT MOTION FOR CONTINUAN E SHOULD BE GRANTED
The Court should grant the Parties’ agreed joint motion for continuance in this cause and
continue the current trial setting of July 10, 2023, to a future date for the following reasons:
1) N0 Unconditional Announcement of Ready for Trail by Plaintiffs and
Defendants. Neither the Plaintiffs nor the Defendants have made an unconditional
announcement of ready for trial in this case.
2) Insufficient time on the Court’s calendar for Defendants’ Dismissal Motion to be
timely heard 30 days before trial. On May 18, 2023, after discovery was closed in
this matter, Defendants filed their Dismissal Motion and requested a hearing date
AGREED JOINT MOTION FOR CONTINUANCE OF TRIAL SETTING - Page 2
from the Court. Initially the Court offered the Friday before the current trial setting,
July 7, 2023, as a hearing date, but the Court only had a 30 minute hearing slot
available. The Dismissal Motion actually seeks 3 forms of relief in the alternative and
will likely require more than 30 minutes to be heard. In addition, a Motion to Dismiss
is typically heard 30 days before trial. There is currently no hearing date available on
the Court’s calendar that is at least 30 days before the current trial setting of July 10,
2023.
3) Plaintiffs’ Counsel has a Conflict and is being called to trial in another, older
matter on the same date as the trial setting in this case. Mr. Darrell Keith, lead
trial counsel for the Plaintiffs in this matter, is also trail counsel for the plaintiffs in
another matter styled Swanson v. Kesanz', cause no. 017-307351-19 in the 17th Judicial
District Court for Tarrant County. This matter was set for trial this past October but
was not reached, and thereafter set for July 10, 2023.
4) Joint Request for Continuance. Both the Plaintiffs and the Defendants are in
agreement that this matter should be continued due to the circumstances described
herein above.
5) Motion for Continuance is Not Made for Purpose of Delay but for Justice to be
Done. This motion is not being made for purposes of delay, but only so that justice
may be done.
WHEREFORE, PREMISES CONSIDERED, Plaintiffs and Defendants pray that the
court GRANT this Motion for Continuance and Continue the Trial Setting in this Matter to a
future date convenient to the Court, the Parties and their Counsel. Praying further, the Parties
pray for such other and further relief, either at law or in equity, to which the Parties may be justly
entitled.
AGREED JOINT MOTION FOR CONTINUANCE OF TRIAL SETTING - Page 3
Respectfully submitted,
3,, 7W/7fg'w
Reagan: E.
State Bar NO.
Boyce/é
240 1419 (I
\
rboyce@cr.1aw
CHAMBLEE RYAN, P.C.
2777 N. Stemmons Freeway, Suite 1257
Dallas, Texas 75207
(214) 905 -2003
(214) 905-1213 (Facsimile)
ATTORNEYS FOR DEFENDANTS
MOSHE FELDHENDLER, M.D., MOSHE
FELDHENDLER, M.D., PA, AND MIR
ANESTHESIA PARTNERS, PLLC
-AND-
KEITH LAW FIRM, P.C.
ls/ DARRELL L. KEITH — SIGNED WITH PERMISSION
BY:
DARRELL LEE KEITH, J .D. ATTORNEY-IN-CHARGE
TEXAS BAR NO. 11186000
DKEITH@KEITHLAW.COM
301 COMMERCE STREET, SUITE 2850
FORT WORTH, TEXAS 76102
T: (817) 338-1400
F: (817) 870-2448
ATTORNEYS FOR PLAIN TIFFS
YASMEEN KARAMALI MOOLJI AND
KARAM ALI MOOLJI
AGREED JOINT MOTION FOR CONTINUANCE 0F TRIAL SETTING - Page 4
VERIFICATION
STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned notary, on this day personally appeared Reagan E. Boyce, the
afi‘iant, whose identity is known to me. AfterI administered an oath, the affiant, Reagan E.
Boyce, testified as follows:
“My name is Reagan Elizabeth Boyce. I am capable of making this verification. I am one of the
attorneys-in charge of representing the Defendants in the above numbered and styled cause. I
have jointly prepared and I have read the above and foregoing Agreed Joint Motion for
Continuance of the July 10, 2023 trial setting. The facts stated in it are within my personal
knowledge and are true and correct.”
@6676“? g)
E.
Réagan
Béyce
fitgflfi
SWORN TO AND SUBSCRIBED before me by Reagan E. Boyce on June 7, 2023
NOT Y PUBLIC AND
THE S ATE OF TEXAS
MY COMMISSION EXPIRES
344—2036
JOANN KABEIZKE
My Notary ID # 10668397
Expires March 14. 2025
AGREED JOINT MOTION FOR CONTINUANCE OF TRIAL SETTING - Page 5
CERTIFICATE OF CONFERENCE
THIS CERTIFIES that a conference was held between defense counsel Ms. Boyce and
plaintiffs’ counsel Mr. Keith on the merits of this motion, and counsel for the Parties are
unopposed to this motion and join in this motion. Therefore, this Motion is submitted for the
Court’s consideration and approval, signature, and entry in this Cause.
Wgéa
Reagan E éhyce
CERTIFICATE OF SERVICE
I do hereby certify that on June 7, 2023 a true and correct copy of the above and
foregoing document has been served via the court’s e-file/e—service system to all counsel of
record.
Attorneys for Plaintiffs
Darrell Lee Keith
KEITH LAW FIRM, RC.
301 COMMERCE STREET, SUITE 2850
FORT WORTH, TEXAS 76102
dkeith@keithlaw.corn
“WWW
Reagan E. Boycy
g gfiflk
AGREED JOINT MOTION FOR CONTINUANCE 0F TRIAL SETTING - Page 6
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.
Veronica Davila on behalf of Reagan Boyce
Bar No. 24081419
vdavila@cr.law
Envelope ID: 76389971
Filing Code Description: Motion - Continuance
Filing Description: AGREED
Status as of 6/7/2023 3:21 PM CST
Associated Case Party: YASMEENKARAMALIMOOLJI
Name BarNumber Email TimestampSubmitted Status
Darrell LeeKeith dkeith@keithlaw.com 6/7/2023 3:17:35 PM SENT
Angie Martinez angiem@keithlaw.com 6/7/2023 3:17:35 PM SENT
Associated Case Party: MOSHE FELDHENDLER
Name BarNumber Email TimestampSubmitted Status
William HChamblee wchamblee@cr.law 6/7/2023 3:17:35 PM SENT
Reagan E.Boyce rboyce@cr.law 6/7/2023 3:17:35 PM SENT
Cathy Bailey cathybailey@steedlawfirm.com 6/7/2023 3:17:35 PM SENT
Veronica Davila vdavila@cr.law 6/7/2023 3:17:35 PM SENT
Nicole Wallace nwallace@cr.law 6/7/2023 3:17:35 PM SENT
Associated Case Party: MOSHE FELDHENDLER, M.D., P.A.
Name BarNumber Email TimestampSubmitted Status
Cathy Bailey cathybailey@steedlawfirm.com 6/7/2023 3:17:35 PM SENT
Associated Case Party: MIR ANESTHESIA PARTNERS, PLLC
Name BarNumber Email TimestampSubmitted Status
Cathy Bailey cathybailey@steedlawfirm.com 6/7/2023 3:17:35 PM SENT
Case Contacts
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.
Veronica Davila on behalf of Reagan Boyce
Bar No. 24081419
vdavila@cr.law
Envelope ID: 76389971
Filing Code Description: Motion - Continuance
Filing Description: AGREED
Status as of 6/7/2023 3:21 PM CST
Case Contacts
Name BarN umber Email TimestampSubmitted Status
Gordon K.Wright gordon.wright@cooperscully.com 6/7/2023 3:17:35 PM SENT
Darrell Lee Keith 11186000 dkeith@keithlaw.com 6/7/2023 3:17:35 PM SENT
Landon L.Krueger landon@kruegerlawgroup.com 6/7/2023 3:17:35 PM SENT
Richard BrentCooper brent.cooper@cooperscully.com 6/7/2023 3:17:35 PM SENT
Preview
FILED 6/7/2023 3:17 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Maricella Sarinana DEPUTY CAUSE NO. DC-19-02360 YASMEEN KARAMALJI MOOLJI AND § IN THE DISTRICT COURT OF KARAM ALI MOOLJI § § VS. § § MOSHE FELDHENDLER, M.D., MOSHE § FELDHENDLER, M.D., P.A., MIR § ANESTHESLA PARTNERS, PLLC, § DALLAS COUNTY, TEXAS JENNA WISHNEW, M.D., NORTH STAR § TEXAS SURGICAL ASSOCIATES, § PLLC, SANTAELLA SURGICAL § SERVICES, P.A., METHODIST § HOSPITALS OF DALLAS D/B/A § METHODIST RICHARDSON MEDICAL § CENTER § 116TH JUDICIAL DISTRICT AGREED JOINT MOTION FOR CONTINUANCE OF TRIAL SETTING TO THE HONORABLE JUDGE 0F SAID COURT: COME NOW, Plaintiffs, Yasmeen Karamalji Moolji and Karam Ali Moolji, by and through their counsel of record, and Defendants, Moshe Feldhendler, M.D., Moshe Feldhendler, M.D., PA and MIR Anesthesia Partners, PLLC, COLLECTIVELY, THE Parties in the above- styled and numbered cause, and file this, their Agreed Joint Motion Seeking Continuance of Trial Setting, and would respectfully show the Court the following: I. This lawsuit involves allegations of negligence against various healthcare providers as that term is defined under Chapter 74 of the Texas Civil Practice and Remedies Code, including the Defendants and other named defendants since non-suited from this case. The care and treatment made the basis of this lawsuit took place on December 4, 2016. On May 18, 2023, after discovery had closed in this matter, Defendants filed their (l) Motion To Strike The Petition, (2) Motion To Dismiss Entire Lawsuit For Failure To Prosecute, And 3) Motion for Monetary Sanctions in the Form of Attorneys’ Fees And Costs, And AGREED JOINT MOTION FOR CONTINUANCE OF TRIAL SETTING - Page 1 Defendants’ Motion In The Alternative for Discovery Sanctions Including Preclusion Of Plaintiffs Testimony At Trial, and Introduction Of Evidence At Trial Not Timely Produced Before The Discovery Deadline (“Dismissal Motion”). Thereafter defense counsel contacted the Court to obtain a hearing date and the Dismissal Motion was set for hearing on July 7, 2023, the Friday before the current trial setting of July 10, 2023. This was the first date available on the Court’s calendar. Thereafter, the Court informed defense counsel that the Dismissal Motion needed to be reset for a hearing 30 days before trial. In addition, Plaintiff’s counsel is currently set for a trial in Tarrant County in the 17th Judicial District, in Cause No. 017-307531-19, styled Swanson v Desam', MD (“Swanson Case”). The Swanson Case is set for trial on the same date as the current setting in this matter and involves multiple parties and counsel and is ready to proceed. For these reasons, the Parties are in agreement to a brief continuance of the trial setting in this matter, due to the conflict with Plaintiff’ s counsel’s schedule and so as to allow sufficient time for Defendants’ Dismissal Motion to be timely heard. II. THE AGREED JOINT MOTION FOR CONTINUAN E SHOULD BE GRANTED The Court should grant the Parties’ agreed joint motion for continuance in this cause and continue the current trial setting of July 10, 2023, to a future date for the following reasons: 1) N0 Unconditional Announcement of Ready for Trail by Plaintiffs and Defendants. Neither the Plaintiffs nor the Defendants have made an unconditional announcement of ready for trial in this case. 2) Insufficient time on the Court’s calendar for Defendants’ Dismissal Motion to be timely heard 30 days before trial. On May 18, 2023, after discovery was closed in this matter, Defendants filed their Dismissal Motion and requested a hearing date AGREED JOINT MOTION FOR CONTINUANCE OF TRIAL SETTING - Page 2 from the Court. Initially the Court offered the Friday before the current trial setting, July 7, 2023, as a hearing date, but the Court only had a 30 minute hearing slot available. The Dismissal Motion actually seeks 3 forms of relief in the alternative and will likely require more than 30 minutes to be heard. In addition, a Motion to Dismiss is typically heard 30 days before trial. There is currently no hearing date available on the Court’s calendar that is at least 30 days before the current trial setting of July 10, 2023. 3) Plaintiffs’ Counsel has a Conflict and is being called to trial in another, older matter on the same date as the trial setting in this case. Mr. Darrell Keith, lead trial counsel for the Plaintiffs in this matter, is also trail counsel for the plaintiffs in another matter styled Swanson v. Kesanz', cause no. 017-307351-19 in the 17th Judicial District Court for Tarrant County. This matter was set for trial this past October but was not reached, and thereafter set for July 10, 2023. 4) Joint Request for Continuance. Both the Plaintiffs and the Defendants are in agreement that this matter should be continued due to the circumstances described herein above. 5) Motion for Continuance is Not Made for Purpose of Delay but for Justice to be Done. This motion is not being made for purposes of delay, but only so that justice may be done. WHEREFORE, PREMISES CONSIDERED, Plaintiffs and Defendants pray that the court GRANT this Motion for Continuance and Continue the Trial Setting in this Matter to a future date convenient to the Court, the Parties and their Counsel. Praying further, the Parties pray for such other and further relief, either at law or in equity, to which the Parties may be justly entitled. AGREED JOINT MOTION FOR CONTINUANCE OF TRIAL SETTING - Page 3 Respectfully submitted, 3,, 7W/7fg'w Reagan: E. State Bar NO. Boyce/é 240 1419 (I \ rboyce@cr.1aw CHAMBLEE RYAN, P.C. 2777 N. Stemmons Freeway, Suite 1257 Dallas, Texas 75207 (214) 905 -2003 (214) 905-1213 (Facsimile) ATTORNEYS FOR DEFENDANTS MOSHE FELDHENDLER, M.D., MOSHE FELDHENDLER, M.D., PA, AND MIR ANESTHESIA PARTNERS, PLLC -AND- KEITH LAW FIRM, P.C. ls/ DARRELL L. KEITH — SIGNED WITH PERMISSION BY: DARRELL LEE KEITH, J .D. ATTORNEY-IN-CHARGE TEXAS BAR NO. 11186000 DKEITH@KEITHLAW.COM 301 COMMERCE STREET, SUITE 2850 FORT WORTH, TEXAS 76102 T: (817) 338-1400 F: (817) 870-2448 ATTORNEYS FOR PLAIN TIFFS YASMEEN KARAMALI MOOLJI AND KARAM ALI MOOLJI AGREED JOINT MOTION FOR CONTINUANCE 0F TRIAL SETTING - Page 4 VERIFICATION STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned notary, on this day personally appeared Reagan E. Boyce, the afi‘iant, whose identity is known to me. AfterI administered an oath, the affiant, Reagan E. Boyce, testified as follows: “My name is Reagan Elizabeth Boyce. I am capable of making this verification. I am one of the attorneys-in charge of representing the Defendants in the above numbered and styled cause. I have jointly prepared and I have read the above and foregoing Agreed Joint Motion for Continuance of the July 10, 2023 trial setting. The facts stated in it are within my personal knowledge and are true and correct.” @6676“? g) E. Réagan Béyce fitgflfi SWORN TO AND SUBSCRIBED before me by Reagan E. Boyce on June 7, 2023 NOT Y PUBLIC AND THE S ATE OF TEXAS MY COMMISSION EXPIRES 344—2036 JOANN KABEIZKE My Notary ID # 10668397 Expires March 14. 2025 AGREED JOINT MOTION FOR CONTINUANCE OF TRIAL SETTING - Page 5 CERTIFICATE OF CONFERENCE THIS CERTIFIES that a conference was held between defense counsel Ms. Boyce and plaintiffs’ counsel Mr. Keith on the merits of this motion, and counsel for the Parties are unopposed to this motion and join in this motion. Therefore, this Motion is submitted for the Court’s consideration and approval, signature, and entry in this Cause. Wgéa Reagan E éhyce CERTIFICATE OF SERVICE I do hereby certify that on June 7, 2023 a true and correct copy of the above and foregoing document has been served via the court’s e-file/e—service system to all counsel of record. Attorneys for Plaintiffs Darrell Lee Keith KEITH LAW FIRM, RC. 301 COMMERCE STREET, SUITE 2850 FORT WORTH, TEXAS 76102 dkeith@keithlaw.corn “WWW Reagan E. Boycy g gfiflk AGREED JOINT MOTION FOR CONTINUANCE 0F TRIAL SETTING - Page 6 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. Veronica Davila on behalf of Reagan Boyce Bar No. 24081419 vdavila@cr.law Envelope ID: 76389971 Filing Code Description: Motion - Continuance Filing Description: AGREED Status as of 6/7/2023 3:21 PM CST Associated Case Party: YASMEENKARAMALIMOOLJI Name BarNumber Email TimestampSubmitted Status Darrell LeeKeith dkeith@keithlaw.com 6/7/2023 3:17:35 PM SENT Angie Martinez angiem@keithlaw.com 6/7/2023 3:17:35 PM SENT Associated Case Party: MOSHE FELDHENDLER Name BarNumber Email TimestampSubmitted Status William HChamblee wchamblee@cr.law 6/7/2023 3:17:35 PM SENT Reagan E.Boyce rboyce@cr.law 6/7/2023 3:17:35 PM SENT Cathy Bailey cathybailey@steedlawfirm.com 6/7/2023 3:17:35 PM SENT Veronica Davila vdavila@cr.law 6/7/2023 3:17:35 PM SENT Nicole Wallace nwallace@cr.law 6/7/2023 3:17:35 PM SENT Associated Case Party: MOSHE FELDHENDLER, M.D., P.A. Name BarNumber Email TimestampSubmitted Status Cathy Bailey cathybailey@steedlawfirm.com 6/7/2023 3:17:35 PM SENT Associated Case Party: MIR ANESTHESIA PARTNERS, PLLC Name BarNumber Email TimestampSubmitted Status Cathy Bailey cathybailey@steedlawfirm.com 6/7/2023 3:17:35 PM SENT Case Contacts 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. Veronica Davila on behalf of Reagan Boyce Bar No. 24081419 vdavila@cr.law Envelope ID: 76389971 Filing Code Description: Motion - Continuance Filing Description: AGREED Status as of 6/7/2023 3:21 PM CST Case Contacts Name BarN umber Email TimestampSubmitted Status Gordon K.Wright gordon.wright@cooperscully.com 6/7/2023 3:17:35 PM SENT Darrell Lee Keith 11186000 dkeith@keithlaw.com 6/7/2023 3:17:35 PM SENT Landon L.Krueger landon@kruegerlawgroup.com 6/7/2023 3:17:35 PM SENT Richard BrentCooper brent.cooper@cooperscully.com 6/7/2023 3:17:35 PM SENT