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  • EDGAR PEREZ vs. SIGNATURE CARE EMERGENCY CENTER,Round Table Physicians Group, PLLCCPRC Chapter 12 document preview
  • EDGAR PEREZ vs. SIGNATURE CARE EMERGENCY CENTER,Round Table Physicians Group, PLLCCPRC Chapter 12 document preview
  • EDGAR PEREZ vs. SIGNATURE CARE EMERGENCY CENTER,Round Table Physicians Group, PLLCCPRC Chapter 12 document preview
  • EDGAR PEREZ vs. SIGNATURE CARE EMERGENCY CENTER,Round Table Physicians Group, PLLCCPRC Chapter 12 document preview
  • EDGAR PEREZ vs. SIGNATURE CARE EMERGENCY CENTER,Round Table Physicians Group, PLLCCPRC Chapter 12 document preview
  • EDGAR PEREZ vs. SIGNATURE CARE EMERGENCY CENTER,Round Table Physicians Group, PLLCCPRC Chapter 12 document preview
  • EDGAR PEREZ vs. SIGNATURE CARE EMERGENCY CENTER,Round Table Physicians Group, PLLCCPRC Chapter 12 document preview
  • EDGAR PEREZ vs. SIGNATURE CARE EMERGENCY CENTER,Round Table Physicians Group, PLLCCPRC Chapter 12 document preview
						
                                

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Electronically Filed 6/23/2022 9:34 AM Hidalgo County District Clerks Reviewed By: Adrienne Rocha MOORE MA lN * HO ON June 22, 2022 Via-Hand Delivery To Chambers & E-File Honorable Judge David Sanchez MDL Pretrial Judge District Judge, 444th District Court Cameron County Court House 974 E. Harrison St. Brownsville, Texas 78520 Re: Cause No: MDL 15-0360; In re: Fraudulent Hospital Lien Litigation; In the 444th Judicial District Court (Pretrial Court) of Cameron County, Texas; And, Cause No.: C-2540-19-L; Baldemar Quintero, Jr. vs. Signature Care, et al; In the 464th Judicial District Court of Hidalgo County, Texas; Cause No.: C-2542-19-L; Karina Quintero vs. Signature Care, et al; In the 464th Judicial District Court of Hidalgo County, Texas; Cause No.: C-2541-19-L; Maria Quintero vs. Signature Care, et al., In the 464th Judicial District Court of Hidalgo County, Texas; and, Cause No. C-2543-19-H; Edgar Perez vs. Signature Care, et al.; In the 389th Judicial District Court of Hidalgo County, Texas. Dear Judge Sanchez: Per your instructions during the status hearing today, I am attaching the Plaintiffs’ Proposed Order Vacating Prior Orders Granting Transfer to Fort Bend County, Texas and Order of Remand to Originating Courts Without prejudice to Right to Transfer by the Proper MDL Court, with Exhibits A: The MDL Panel Order and Exhibit B: Orders Vacated for your consideration. As discussed during the status conference, Rule 13.6(a) which reads in relevant part “. . . The Judge assigned as judge of the pretrial court has exclusive jurisdiction over each related case transferred pursuant to this rule unless a case is 4900 North 10th, Suite F-3 · McAllen, Texas 78504 Tel. 956.631-0745 · Fax. 888.266.0971 Electronically Filed 6/23/2022 9:34 AM Hidalgo County District Clerks Honorable Judge David Sanchez Reviewed By: Adrienne Rocha MDL Pretrial Judge District Judge, 444th District Court June 22, 2022 Page 2 of 2 __________________________________________ transferred by the MDL Panel or is finally resolved or remanded to the trial court for trial.” Rules of Judicial Administration, Rule 13 Multidistrict Litigation. Since the Panel concluded on November 15, 2021 [See, Exhibit A attached to the Proposed Order] that the case of Terrance Williams vs. SignatureCare was not related to the other cases in In re: Fraudulent Hospital Lien Litigation, the same is true for each of the cases referenced above, they are not related, and therefore per Rule 13.6(a), this Court is without jurisdiction to transfer the SignatureCare cases to an unspecified court in Fort Bend County, Texas on a venue challenge. Id. Also, since the Panel assigned all cases involving lien disputes against SignatureCare and Round Table to the Hon. Judge Mark Davidson by Order dated October 11, 2019, in Case No. MDL 19-0499; In re: Freestanding Emergency Medical Care facilities Lien Litigation Judge Davidson as the Pretrial Court, and the above cases are related, Judge Davidson of the 334th District Court of Harris County, Texas would have exclusive jurisdiction to hear a motion to transfer venue only after the cases are tagged into that MDL from the originating trial court. See, Order of the Panel attached, and see, Id. Rule 13.6(a). At the time of the entry of this Court’s Orders for each of the unrelated cases on November 10, 2021, the Panel had already issued its orders of transfer for the Signature Care Round Table Lien disputes a month earlier, and subsequently appointed the Hon. Honorable Steven Kirkland on October 11, 2019, and thereafter the Hon. Mark Davidson as the MDL Pretrial Court Judge on December 20, 2021. It is respectfully submitted that the attached order remanding these unrelated cases referenced above back to the originating trial courts in Hidalgo County, Texas is the only issue this MDL Pretrial Court has jurisdiction to do, and thereafter the cases can then be tagged into the proper MDL as related cases and Judge Davidson can then consider any motions to transfer the case based upon venue considerations since his Court is the only Court having jurisdiction to decide such pretrial matters per Rule 13.6(a). Should the Court require any additional information, please so advise. By copy of this transmittal letter, all parties are being notified of this action. Electronically Filed 6/23/2022 9:34 AM Hidalgo County District Clerks Honorable Judge David Sanchez Reviewed By: Adrienne Rocha MDL Pretrial Judge District Judge, 444th District Court June 22, 2022 Page 3 of 2 __________________________________________ Respectfully Submitted, MOORE LAW FIRM /s/ J. Michael Moore J. Michael Moore Cc: Via E-File Service to All Counsel of Record Electronically Filed 6/23/2022 9:34 AM Hidalgo County District Clerks Reviewed By: Adrienne Rocha CAUSE NO. MDL-15-0360 In re: § IN THE DISTRICT COURT § FRAUDULENT HOSPITAL LIEN § LITIGATION. § § 444m JUDICIAL DISTRICT § (MDL PRETRIAL COURT) § § § CAMERON COUNTY, TEXAS CAUSE NO. C-2540-19-L BALDEMAR QUINTERO, JR., § IN THE DISTRICT COURT Plaintiff, § § v. § § 464TH JUDICAL DISTRICT SIGNATURE CARE EMERGENCY § CENTER AND ROUND TABLE § PHYSICIANS GROUP, P.L.L.C., § Defendants. § HIDALGO COUNTY, TEXAS CAUSE NO. C-2542-19-L KARINA QUINTERO, § IN THE DISTRICT COURT Plaintiff, § § v. § § § 464th JUDICIAL DISTRICT SIGNATURE CARE EMERGENCY § CENTER AND ROUND TABLE § PHYSICIANS GROUP, PLLC, § Defendant § HIDALGO COUNTY, TEXAS ORDER VACATING PRIOR ORDERS GRANTING TRANSFER TO FORT BEND COUNTY, TEXAS AND ORDER OF REMAND TO ORIGINATING TRIAL COURTS WITHOUT PREJUDICE TO RIGHT TO TRANSFER BY THE PROPER MDL COURT Page 1 Electronically Filed 6/23/2022 9:34 AM Hidalgo County District Clerks Reviewed By: Adrienne Rocha CAUSE NO. C-2541-19-L MARIA QUINTERO, § IN THE DISTRICT COURT Plaintiff, § § § v. § § SIGNATURE CARE EMERGENCY § 464th JUDICIAL DISTRICT CENTER AND ROUND TABLE § PHYSICIANS GROUP, PLLC, § Defendant § HIDALGO COUNTY, TEXAS CAUSE NO. C-2543-19-H EDGAR PEREZ, § IN THE DISTRICT COURT Plaintiff, § § v. § § SIGNATURE CARE EMERGENCY § 389th JUDICIAL DISTRICT CENTER AND ROUND TABLE § PHYSICIANS GROUP, PLLC, § Defendant § HIDALGO COUNTY, TEXAS ORDER VACATING PRIOR ORDERS GRANTING TRANSFER TO FORT BEND COUNTY, TEXAS AND ORDER OF REMAND TO ORIGINATING TRIAL COURTS WITHOUT PREJUDICE TO RIGHT TO TRANSFER BY THE PROPER MDL COURT BE IT REMEMBERED that on the 22nd day of June, 2022, this Court held a status hearing on the above referenced matters; the Court, after hearing arguments of counsel and reviewing Orders of the MDL Panel, pleadings and motions on file, finds that the cases of Baldemar Quintero, Jr. vs. Signature Care, et al, pending in Cause No.: C- 2540-19-L; Hidalgo County, Texas; Karina Quintero vs. Signature Care, et al., pending in Cause No.: C-2542-19-L; Hidalgo County, Texas; Maria Quintero vs. Signature Care, et ORDER VACATING PRIOR ORDERS GRANTING TRANSFER TO FORT BEND COUNTY, TEXAS AND ORDER OF REMAND TO ORIGINATING TRIAL COURTS WITHOUT PREJUDICE TO RIGHT TO TRANSFER BY THE PROPER MDL COURT Page2 Electronically Filed 6/23/2022 9:34 AM Hidalgo County District Clerks Reviewed By: Adrienne Rocha al., pending in Cause No.: C-2541-19-L and Edgar Perez vs. Signature Care, et al. pending in Cause No.: C-2543-19-H; Hidalgo County, Texas were improperly tagged and transferred from their originating courts into In re: Fraudulent Hospital Lien Litigation, Cause No.: MDL-15-0360, pending in this the 444th Judicial District Court, Cameron County, Texas as per the Opinion and Order issued by the Multidistrict Litigation Panel on September 26, 2019, a copy of which is attached to this Order, as Exhibit A; and, therefore: IT IS ORDERED, ADJUDGED AND DECREED, that the prior Orders Granting Signature Care Emergency Center (Sugarland Mission Bend Emergency Center LLC) and Round Table Physicians Group PLLC's Motion to Transfer Venue issued on November 10, 2021, [attached to this Order as Exhibit B], are hereby vacated/rescinded, without prejudice to the re-urging of same in the proper MDL Pretrial Court before the Honorable Pretrial Court Judge Mark Davidson, MDL 10-0499/Master Docket No. 2019-77967, styled In re: Freestanding Emergency Medical Facilities Lien Litigation, In the 334th District Court of Harris County, Texas. IT IS FURTHER ORDERED that Baldemar Quintero, Jr. vs. Signature Care, et al, pending in Cause No.: C-2540-19-L; Hidalgo County, Texas; Karina Quintero vs. Signature Care, et al., pending in Cause No.: C-2542-19-L; Hidalgo County, Texas; Maria Quintero vs. Signature Care, et al., pending in Cause No.: C-2541-19-L and Edgar Perez vs. Signature Care, et al. pending in Cause No.: C-2543-19-H; Hidalgo County are hereby REMANDED and out of In re: Fraudulent Hospital Lien Litigation, Cause No.: MDL-15- 0360, pending in the 444th Judicial District Court, Cameron County, Texas and TRANSFERRED back to their originating courts as listed herein. ORDER VACATING PRIOR ORDERS GRANTING TRANSFER TO FORT BEND COUNTY, TEXAS AND ORDER OF REMAND TO ORIGINATING TRIAL COURTS WITHOUT PREJUDICE TO RIGHT TO TRANSFER BY THE PROPER MDL COURT Page3 Electronically Filed 6/23/2022 9:34 AM Hidalgo County District Clerks Reviewed By: Adrienne Rocha SIGNED this _ _ day of - - - - - 2022. Hon. David Sanchez MDL Pretrial Court Judge, 444 th District Court CC: J. Michael Moore Moore law firm Telecopier: (888) 266-0971 mmoore@moore-firm.com fhl-docket@moore-firm.com Mr. Christopher Demeo cdemeo@seyfarth.com Ms. Kay Hazelwood khazel wood(a),seyfarth.com Seyfarth Shaw LLP Facsimile: (713) 225-2340 Ms. Melanie Rubinsky mrubinsky(a),sprottnewsom.com Sprott, Newsom, Quattlebaum & Messenger, PC Facsimile (713) 523-9422 ORDER VACA TING PRIOR ORDERS GRANTING TRANSFER TO FORT BEND COUNTY, TEXAS AND ORDER OF REMAND TO ORIGINATING TRIAL COURTS WITHOUT PREJUDICE TO RIGHT TO TRANSFER BY THE PROPER MDL COURT Page 4 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. J. Michael Moore Bar No. 14349550 mmoore@moore-firm.com Envelope ID: 65702007 Status as of 6/23/2022 10:26 AM CST Associated Case Party: SIGNATURE CARE EMERGENCY CENTER Name BarNumber Email TimestampSubmitted Status Melanie Rubinsky mrubinsky@sprottnewsom.com 6/23/2022 9:34:42 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Kay Hazelwood Khazelwood@Seyfarth.com 6/23/2022 9:34:42 AM SENT FHL DOCKET FHL-DOCKET@MOORE-FIRM.COM 6/23/2022 9:34:42 AM SENT Lit Docket lit-docket@moore-firm.com 6/23/2022 9:34:42 AM SENT Chris DeMeo cdemeo@seyfarth.com 6/23/2022 9:34:42 AM SENT Roger Donnellan rdonnellan@seyfarth.com 6/23/2022 9:34:42 AM SENT Hou Docket HOUDocket@seyfarth.com 6/23/2022 9:34:42 AM SENT