Preview
FILED
12/22/2022 3:39 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Rhonda Burks DEPUTY
CAUSE NO. DC-21-08674
FRANTEISHA FONTENOT; DARREN IN THE DISTRICT COURT
§§§§§§§§§§§§§§§
KING; MARVIN PRIDE and
YALONDA WRIGHT, EACH
INDIVIDUALLY AND ON BEHALF OF
THE ESTATE OF LINDA F ONTENOT
WILLIAMS, DECEASED,
V. 116th JUDICIAL DISTRICT COURT
DHC OPCO-CARROLLTON, LLC
d/b/a BROOKHAVEN NURSING AND
REHABILITATION CENTER and THI
OF TEXAS AT RICHARDSON, LLC
dm/a THE VILLAGE AT
RICHARDSON, DALLAS COUNTY, TEXAS
DEFENDANTS’ MOTION FOR CONTINUANCE OF FEBRUARY 6, 2023 TRIAL
SETTING AND ENTRY OF AMENDED UNIFORM SCHEDULING ORDER (LEVEL 3)
Introduction
Defendants jointly file this motion for continuance, respectfully asking the Court to
continue the current February 6, 2023 trial setting by at least six (6) months, or no sooner than
August, 2023, and to order the parties to submit an Amended Uniform Scheduling Order (Level
3).
Basis for Motion
1. This medical negligence matter was filed on July 6, 2021 and the current February
6, 2023 trial setting is the parties’ first trial setting in the matter.
2. It was recently discovered that the prior counsel for THI of Texas at Richardson,
LLC d/b/a The Village at Richardson has been suffering from a health emergency for an unknown
period of time. When this emergency was discovered, The Village at Richardson obtained new
counsel who then filed a motion to substitute on November 8, 2022.
DEFENDANTS’ MOTION FOR CONTINUANCE OF FEBRUARY 6, 2023 TRIAL SETTING AND PAGE 1
ENTRY OF AMENDED UNIFORM SCHEDULING ORDER (LEVEL 3)
3. At that time, the new counsel for The Village at Richardson learned of various
approaching deadlines and scheduled depositions, some of which were only days away and for
The Village’s witnesses. But upon investigating the matter, the witnesses were not aware of their
depositions and the deadlines were not prepared for.
4. Further, due partly to prior counsel’s health emergency, The Village at Richardson
has had difficulty locating, identifying, obtaining, and providing new counsel with the complete
case file. In fact, as of the date this agreed motion was filed, new counsel for The Village at
Richardson still does not have a complete file, which is preventing new counsel from adequately
preparing for and proceeding with The Village at Richardson’s defense. In turn, this has prevented
all parties from moving the case forward in an appropriate fashion.
5. All parties—Plaintiffs and Defendants—have agreed that a continuance is
appropriate; however, the parties have not agreed to the appropriate length of that continuance.
More specifically, while Plaintiffs suggested a new trial date in May or June 2023, counsel for
Defendant DHC OpCo-Carrollton, LLC d/b/a Brookhaven Nursing and Rehabilitation advised all
counsel that he already has 11 trial settings in May and 10 trial settings in June. As a result,
Defendants suggested a new trial date no sooner than August 2023. Plaintiffs will not agree.
6. Defendants are thus forced to file this motion, requesting that the Court enter an
order continuing the existing trial date at least six (6) months, or no sooner than August 2023. In
conjunction with this agreed motion, Defendants ask the Court to order the parties to cooperate in
submitting an amended scheduling order based on the new trial date.
7. This motion is not being sought for delay, but so that justice may be done.
8. All Defendants, including clients and counsel, have agreed to this motion and the
relief requested.
DEFENDANTS’ MOTION FOR CONTINUANCE OF FEBRUARY 6, 2023 TRIAL SETTING AND PAGE 2
ENTRY OF AMENDED UNIFORM SCHEDULING ORDER (LEVEL 3)
Prayer
9. WHEREFORE, Defendants jointly and respectfully ask the Court enter an order
granting this agreed motion and continuing the current February 6, 2023 trial setting by at least six
(6) months, or no sooner than August 2023, and requiring the parties to cooperate in submitting an
Amended Uniform Scheduling Order (Level 3), accordingly.
Respectfully submitted,
WILSON ELSER MOSKOWITZ
EDELMAN & DICKER, LLP
By: /s/ Coleman M Proctor
Lori D. Proctor
State Bar No. 16682400
909 Fannin Street, Suite 3300
Houston, Texas 77010
(713) 353-2000 — Telephone
(713) 785-7780 — Facsimile
Lori.Proctor@wilsone1ser.com
And
Coleman M. Proctor
State Bar No. 24073536
901 Main Street, Suite 4800
Dallas, Texas 75202
(214) 698-8000 — Telephone
(214) 698-1101 — Facsimile
Coleman.Proctor@wilsonelser.com
Attorneys for THI of Texas at Richardson, LLC
d/b/a The Village at Richardson
QUINTAIROS, PRIETO, WOOD & BOYER,
P.A.
By: /s/Me2an Pharis (with permission)
Frank Alvarez
State Bar No. 00796122
Frank.alvarez@qpwblaw.com
Megan Pharis
State Bar No. 24117991
Megan.pharis@qpwblaw.com
1700 Pacific Ave., Suite 4545
DEFENDANTS’ MOTION FOR CONTINUANCE OF FEBRUARY 6, 2023 TRIAL SETTING AND PAGE 3
ENTRY OF AMENDED UNIFORM SCHEDULING ORDER (LEVEL 3)
Dallas, Texas 75201
214.754.8755
Attorneys for Defendant DHC—OpCo—
Carrolton, LLC d/b/a Brookhaven Nursing and
Rehabilitation
Approved by:
By: /S/ Eric M. Feinman (with permission)
0n behalf ofDefendant, THI of Texas at Richardson, LLC
d/b/a The Village at Richardson
By: /s/ Henry Ramagos (with permission)
0n behalf ofDefendant, DHC—OpCo-Carrolton, LLC
d/b/a Brookhaven Nursing and Rehabilitation
DEFENDANTS’ MOTION FOR CONTINUANCE OF FEBRUARY 6, 2023 TRIAL SETTING AND PAGE 4
ENTRY OF AMENDED UNIFORM SCHEDULING ORDER (LEVEL 3)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing instrument has been
duly and properly served upon all counsel herein in accordance with the Texas Rules 0f Civil
Procedure, on this 22nd day of December, 2022.
/S/ Coleman M. Proctor
COLEMAN M. PROCTOR
CERTIFICATE OF CONFERENCE
Counsel for Defendants, as the movants, and counsel for Plaintiffs, as the respondents, have
conducted a conference—by phone and through multiple email correspondence—during which
there were substantive discussions of the items presented to the Court in this motion and despite
best efforts, the counsel have not been able to resolve those matters presented.
/s/ Coleman M. Proctor
Coleman M. Proctor
DEFENDANTS’ MOTION FOR CONTINUANCE 0F FEBRUARY 6, 2023 TRIAL SETTING AND PAGE 5
ENTRY 0F AMENDED UNIFORM SCHEDULING ORDER (LEVEL 3)
UNSWORN DECLARATION
STATE OF TEXAS
COUNTY OF SMITH
In accordance with Texas Civil Practice and Remedies Code Section 132.001, I Coleman
M. Proctor, submit this Unsworn Declaration in support of Defendants’ Motion for Continuance:
1. My name is Coleman Michael Proctor. My date of birth is October 24, 1986 and my
business address is 901 Main Street, Suite 4800, Dallas, Texas 757202, United States
of America. I am over eighteen (18) years of age, of sound mind, and capable of making
this declaration.
2. I am an attorney for THI of Texas at Richardson, LLC d/b/a The Village at Richardson
in the above-referenced case. I hereby verify that the factual statements made in the
section titled “Basis for Motion” are true and correct.
3. This motion is not sought solely for the purpose of delay, but so that justice might be
done.
4. I declare under penalty of perjury that the foregoing is true and correct.
Executed in Smith County, State of Texas, on the 19th day of December, 2022
/s/ Coleman M. Proctor
Coleman M. Proctor
DEFENDANTS’ MOTION FOR CONTINUANCE 0F FEBRUARY 6, 2023 TRIAL SETTING AND PAGE 6
ENTRY 0F AMENDED UNIFORM SCHEDULING ORDER (LEVEL 3)
UNSWORN DECLARATION
STATE OF TEXAS
COUNTY OF SMITH
In accordance with Texas Civil Practice and Remedies Code Section 132.00], I Megan P.
Pharis, submit this Unsworn Declaration in support of Defendants’ Motion for Continuance:
1. My name is Megan Payne Pharis. My date of birth is September 8, 1977 and my
business address is 1700 Pacific Avenue, Suite 4545, Dallas, Texas 75201, United
States of America. I am over eighteen (18) years of age, of sound mind, and capable of
making this declaration.
2. I am an attorney for DHC OpCo-Carroilton, LLC, d/b/a Brookhaven Nursing and
'
Rehabilitation Center in the above-referenced case. I hereby verify that the factual
statements made in the section titled “Basis for Motion” are true and correct.
3. This motion is not sought solely for the purpose of delay, but so that justice might be
done.
4. I declare under penalty of perjury that the foregoing is true and correct.
WWW
Executed in Smith County, State of Texas, on the 19th day of December, 2022
.,
Pharis
'Megfii
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.
Arnulfo Diaz on behalf of Lori Proctor
Bar No. 16682400
arnulfo.diaz@wilsonelser.com
Envelope ID: 71260301
Status as of 12/22/2022 4:29 PM CST
Associated Case Party: STAT X-RAY OF TEXAS, INC.
Name BarNumber Email TimestampSubmitted Status
Jennifer DLeBlanc jleblanc@macdonalddevin.com 12/22/2022 3:39:51 PM SENT
David MMacdonald dmacdonald@macdonalddevin.com 12/22/2022 3:39:51 PM SENT
Associated Case Party: DHC OPCO-CARROLLTON, LLC
Name BarNumber Email TimestampSubmitted Status
Frank Alvarez frank.alvarez@qpwblaw.com 12/22/2022 3:39:51 PM SENT
Megan Pharis megan.pharis@qpwblaw.com 12/22/2022 3:39:51 PM SENT
Roseann Gonzales roseann.gonzales@qpwblaw.com 12/22/2022 3:39:51 PM SENT
Associated Case Party: FRANTEISHA FONTENOT
Name BarNumber Email TimestampSubmitted Status
Maria Wormington maria@wormingtonlegal.com 12/22/2022 3:39:51 PM SENT
David Benford david@wormingtonlegal.com 12/22/2022 3:39:51 PM SENT
Associated Case Party: THl OF TEXAS AT RICHARDSON, LLC
Name BarNumber Email TimestampSubmitted Status
Lori D.Proctor lori.proctor@wilsonelser.com 12/22/2022 3:39:51 PM SENT
Stacy Griffith Stacy.Griffith@wilsonelser.com 12/22/2022 3:39:51 PM SENT
Coleman Proctor coleman.proctor@wilsonelser.com 12/22/2022 3:39:51 PM SENT
Lawrence Moore lawrence.moore@wilsonelser.com 12/22/2022 3:39:51 PM SENT
Arlene Wiese arlene.wiese@fundltc.com 12/22/2022 3:39:51 PM SENT
Sam Myers sam.myers@wilsonelser.com 12/22/2022 3:39:51 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.
Arnulfo Diaz on behalf of Lori Proctor
Bar No. 16682400
arnulfo.diaz@wilsonelser.com
Envelope ID: 71260301
Status as of 12/22/2022 4:29 PM CST
Associated Case Party: THl OF TEXAS AT RICHARDSON, LLC
Arnulfo Diaz arnulfo.diaz@wilsonelser.com 12/22/2022 3:39:51 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Tonya L.Shanz tshanz@macdonalddevin.com 12/22/2022 3:39:51 PM SENT
Tannis MStone tstone@macdonalddevin.com 12/22/2022 3:39:51 PM SENT
Preview
FILED 12/22/2022 3:39 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Rhonda Burks DEPUTY CAUSE NO. DC-21-08674 FRANTEISHA FONTENOT; DARREN IN THE DISTRICT COURT §§§§§§§§§§§§§§§ KING; MARVIN PRIDE and YALONDA WRIGHT, EACH INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF LINDA F ONTENOT WILLIAMS, DECEASED, V. 116th JUDICIAL DISTRICT COURT DHC OPCO-CARROLLTON, LLC d/b/a BROOKHAVEN NURSING AND REHABILITATION CENTER and THI OF TEXAS AT RICHARDSON, LLC dm/a THE VILLAGE AT RICHARDSON, DALLAS COUNTY, TEXAS DEFENDANTS’ MOTION FOR CONTINUANCE OF FEBRUARY 6, 2023 TRIAL SETTING AND ENTRY OF AMENDED UNIFORM SCHEDULING ORDER (LEVEL 3) Introduction Defendants jointly file this motion for continuance, respectfully asking the Court to continue the current February 6, 2023 trial setting by at least six (6) months, or no sooner than August, 2023, and to order the parties to submit an Amended Uniform Scheduling Order (Level 3). Basis for Motion 1. This medical negligence matter was filed on July 6, 2021 and the current February 6, 2023 trial setting is the parties’ first trial setting in the matter. 2. It was recently discovered that the prior counsel for THI of Texas at Richardson, LLC d/b/a The Village at Richardson has been suffering from a health emergency for an unknown period of time. When this emergency was discovered, The Village at Richardson obtained new counsel who then filed a motion to substitute on November 8, 2022. DEFENDANTS’ MOTION FOR CONTINUANCE OF FEBRUARY 6, 2023 TRIAL SETTING AND PAGE 1 ENTRY OF AMENDED UNIFORM SCHEDULING ORDER (LEVEL 3) 3. At that time, the new counsel for The Village at Richardson learned of various approaching deadlines and scheduled depositions, some of which were only days away and for The Village’s witnesses. But upon investigating the matter, the witnesses were not aware of their depositions and the deadlines were not prepared for. 4. Further, due partly to prior counsel’s health emergency, The Village at Richardson has had difficulty locating, identifying, obtaining, and providing new counsel with the complete case file. In fact, as of the date this agreed motion was filed, new counsel for The Village at Richardson still does not have a complete file, which is preventing new counsel from adequately preparing for and proceeding with The Village at Richardson’s defense. In turn, this has prevented all parties from moving the case forward in an appropriate fashion. 5. All parties—Plaintiffs and Defendants—have agreed that a continuance is appropriate; however, the parties have not agreed to the appropriate length of that continuance. More specifically, while Plaintiffs suggested a new trial date in May or June 2023, counsel for Defendant DHC OpCo-Carrollton, LLC d/b/a Brookhaven Nursing and Rehabilitation advised all counsel that he already has 11 trial settings in May and 10 trial settings in June. As a result, Defendants suggested a new trial date no sooner than August 2023. Plaintiffs will not agree. 6. Defendants are thus forced to file this motion, requesting that the Court enter an order continuing the existing trial date at least six (6) months, or no sooner than August 2023. In conjunction with this agreed motion, Defendants ask the Court to order the parties to cooperate in submitting an amended scheduling order based on the new trial date. 7. This motion is not being sought for delay, but so that justice may be done. 8. All Defendants, including clients and counsel, have agreed to this motion and the relief requested. DEFENDANTS’ MOTION FOR CONTINUANCE OF FEBRUARY 6, 2023 TRIAL SETTING AND PAGE 2 ENTRY OF AMENDED UNIFORM SCHEDULING ORDER (LEVEL 3) Prayer 9. WHEREFORE, Defendants jointly and respectfully ask the Court enter an order granting this agreed motion and continuing the current February 6, 2023 trial setting by at least six (6) months, or no sooner than August 2023, and requiring the parties to cooperate in submitting an Amended Uniform Scheduling Order (Level 3), accordingly. Respectfully submitted, WILSON ELSER MOSKOWITZ EDELMAN & DICKER, LLP By: /s/ Coleman M Proctor Lori D. Proctor State Bar No. 16682400 909 Fannin Street, Suite 3300 Houston, Texas 77010 (713) 353-2000 — Telephone (713) 785-7780 — Facsimile Lori.Proctor@wilsone1ser.com And Coleman M. Proctor State Bar No. 24073536 901 Main Street, Suite 4800 Dallas, Texas 75202 (214) 698-8000 — Telephone (214) 698-1101 — Facsimile Coleman.Proctor@wilsonelser.com Attorneys for THI of Texas at Richardson, LLC d/b/a The Village at Richardson QUINTAIROS, PRIETO, WOOD & BOYER, P.A. By: /s/Me2an Pharis (with permission) Frank Alvarez State Bar No. 00796122 Frank.alvarez@qpwblaw.com Megan Pharis State Bar No. 24117991 Megan.pharis@qpwblaw.com 1700 Pacific Ave., Suite 4545 DEFENDANTS’ MOTION FOR CONTINUANCE OF FEBRUARY 6, 2023 TRIAL SETTING AND PAGE 3 ENTRY OF AMENDED UNIFORM SCHEDULING ORDER (LEVEL 3) Dallas, Texas 75201 214.754.8755 Attorneys for Defendant DHC—OpCo— Carrolton, LLC d/b/a Brookhaven Nursing and Rehabilitation Approved by: By: /S/ Eric M. Feinman (with permission) 0n behalf ofDefendant, THI of Texas at Richardson, LLC d/b/a The Village at Richardson By: /s/ Henry Ramagos (with permission) 0n behalf ofDefendant, DHC—OpCo-Carrolton, LLC d/b/a Brookhaven Nursing and Rehabilitation DEFENDANTS’ MOTION FOR CONTINUANCE OF FEBRUARY 6, 2023 TRIAL SETTING AND PAGE 4 ENTRY OF AMENDED UNIFORM SCHEDULING ORDER (LEVEL 3) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing instrument has been duly and properly served upon all counsel herein in accordance with the Texas Rules 0f Civil Procedure, on this 22nd day of December, 2022. /S/ Coleman M. Proctor COLEMAN M. PROCTOR CERTIFICATE OF CONFERENCE Counsel for Defendants, as the movants, and counsel for Plaintiffs, as the respondents, have conducted a conference—by phone and through multiple email correspondence—during which there were substantive discussions of the items presented to the Court in this motion and despite best efforts, the counsel have not been able to resolve those matters presented. /s/ Coleman M. Proctor Coleman M. Proctor DEFENDANTS’ MOTION FOR CONTINUANCE 0F FEBRUARY 6, 2023 TRIAL SETTING AND PAGE 5 ENTRY 0F AMENDED UNIFORM SCHEDULING ORDER (LEVEL 3) UNSWORN DECLARATION STATE OF TEXAS COUNTY OF SMITH In accordance with Texas Civil Practice and Remedies Code Section 132.001, I Coleman M. Proctor, submit this Unsworn Declaration in support of Defendants’ Motion for Continuance: 1. My name is Coleman Michael Proctor. My date of birth is October 24, 1986 and my business address is 901 Main Street, Suite 4800, Dallas, Texas 757202, United States of America. I am over eighteen (18) years of age, of sound mind, and capable of making this declaration. 2. I am an attorney for THI of Texas at Richardson, LLC d/b/a The Village at Richardson in the above-referenced case. I hereby verify that the factual statements made in the section titled “Basis for Motion” are true and correct. 3. This motion is not sought solely for the purpose of delay, but so that justice might be done. 4. I declare under penalty of perjury that the foregoing is true and correct. Executed in Smith County, State of Texas, on the 19th day of December, 2022 /s/ Coleman M. Proctor Coleman M. Proctor DEFENDANTS’ MOTION FOR CONTINUANCE 0F FEBRUARY 6, 2023 TRIAL SETTING AND PAGE 6 ENTRY 0F AMENDED UNIFORM SCHEDULING ORDER (LEVEL 3) UNSWORN DECLARATION STATE OF TEXAS COUNTY OF SMITH In accordance with Texas Civil Practice and Remedies Code Section 132.00], I Megan P. Pharis, submit this Unsworn Declaration in support of Defendants’ Motion for Continuance: 1. My name is Megan Payne Pharis. My date of birth is September 8, 1977 and my business address is 1700 Pacific Avenue, Suite 4545, Dallas, Texas 75201, United States of America. I am over eighteen (18) years of age, of sound mind, and capable of making this declaration. 2. I am an attorney for DHC OpCo-Carroilton, LLC, d/b/a Brookhaven Nursing and ' Rehabilitation Center in the above-referenced case. I hereby verify that the factual statements made in the section titled “Basis for Motion” are true and correct. 3. This motion is not sought solely for the purpose of delay, but so that justice might be done. 4. I declare under penalty of perjury that the foregoing is true and correct. WWW Executed in Smith County, State of Texas, on the 19th day of December, 2022 ., Pharis 'Megfii 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. Arnulfo Diaz on behalf of Lori Proctor Bar No. 16682400 arnulfo.diaz@wilsonelser.com Envelope ID: 71260301 Status as of 12/22/2022 4:29 PM CST Associated Case Party: STAT X-RAY OF TEXAS, INC. Name BarNumber Email TimestampSubmitted Status Jennifer DLeBlanc jleblanc@macdonalddevin.com 12/22/2022 3:39:51 PM SENT David MMacdonald dmacdonald@macdonalddevin.com 12/22/2022 3:39:51 PM SENT Associated Case Party: DHC OPCO-CARROLLTON, LLC Name BarNumber Email TimestampSubmitted Status Frank Alvarez frank.alvarez@qpwblaw.com 12/22/2022 3:39:51 PM SENT Megan Pharis megan.pharis@qpwblaw.com 12/22/2022 3:39:51 PM SENT Roseann Gonzales roseann.gonzales@qpwblaw.com 12/22/2022 3:39:51 PM SENT Associated Case Party: FRANTEISHA FONTENOT Name BarNumber Email TimestampSubmitted Status Maria Wormington maria@wormingtonlegal.com 12/22/2022 3:39:51 PM SENT David Benford david@wormingtonlegal.com 12/22/2022 3:39:51 PM SENT Associated Case Party: THl OF TEXAS AT RICHARDSON, LLC Name BarNumber Email TimestampSubmitted Status Lori D.Proctor lori.proctor@wilsonelser.com 12/22/2022 3:39:51 PM SENT Stacy Griffith Stacy.Griffith@wilsonelser.com 12/22/2022 3:39:51 PM SENT Coleman Proctor coleman.proctor@wilsonelser.com 12/22/2022 3:39:51 PM SENT Lawrence Moore lawrence.moore@wilsonelser.com 12/22/2022 3:39:51 PM SENT Arlene Wiese arlene.wiese@fundltc.com 12/22/2022 3:39:51 PM SENT Sam Myers sam.myers@wilsonelser.com 12/22/2022 3:39:51 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. Arnulfo Diaz on behalf of Lori Proctor Bar No. 16682400 arnulfo.diaz@wilsonelser.com Envelope ID: 71260301 Status as of 12/22/2022 4:29 PM CST Associated Case Party: THl OF TEXAS AT RICHARDSON, LLC Arnulfo Diaz arnulfo.diaz@wilsonelser.com 12/22/2022 3:39:51 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Tonya L.Shanz tshanz@macdonalddevin.com 12/22/2022 3:39:51 PM SENT Tannis MStone tstone@macdonalddevin.com 12/22/2022 3:39:51 PM SENT