On November 02, 2020 a
Motion-Secondary
was filed
involving a dispute between
Facial And Skin Surgery Center, P.A.,
Pruett, Jon, Md,
Pruett, Lisa, Md,
Ray, Mark, Md,
Selkin, Gilbert, Md,
Trinity Dermatology, P.A.,
and
Derm Growth Partners Iii, Llc,
Derm Growth Partners Ii, Llc,
Derm Growth Partners I, Llc,
Oliver Street Dermatology Holdings Llc,
Oliver Street Dermatology Management, Llc,
Wayne, Geoff L.,
Wells, J. Scott,
for OTHER (CIVIL)
in the District Court of Dallas County.
Preview
CAUSE NO. DC-20-1 6414
MARK RAY, M.D., IN THE DISTRICT COURT
§§§§§§§§§§§§§§§
ET AL.,
Plaintzffs,
V.
OLIVER STREET DERMATOLOGY
MANAGEMENT LLC, OLIVER STREET 298m IUDICIAL DISTRICT
DERMATOLOGY HOLDINGS LLC, DERM
GROWTH PARTNERS I, LLC, DERM
GROWTH PARTNERS II, LLC, DERM
GROWTH PARTNERS III, LLC, GEOFF L.
WAYNE, and J. SCOTT WELLS,
DALLAS COUNTY, TEXAS
Defendants.
[PROPOSED] ORDER ON DEFENDANTS DERM GROWTH PARTNERS I, LLC,
DERM GROWTH PARTNERS II, LLC, DERM GROWTH PARTNERS III, LLC, AND
OLIVER STREET DERMATOLOGY HOLDINGS LLC’S SPECIAL APPEARANCE
AND MOTION TO DISMISS FOR LACK 0F PERSONAL JURISDICTION AND
DEFENDANTS’ MOTION TO DISMISS OR TO COMPEL ARBITRATION
On , 2021, the Court considered Specially Appearing Defendants Derm
Growth Partners I, LLC, Derm Growth Partners II, LLC, Derm Growth Partners III, LLC, and
Oliver Street Dermatology Holdings LLC’s (collectively, the “Specially Appearing Defendants”)
Special Appearance and Motion to Dismiss for Lack of Personal Jurisdiction (the “Special
Appearance”); Defendants’ Notice of Related Case, Pruett v. Oliver Street 5. 01(a), Ina, No. DC-
21-04829 (l 9lst Dist. Ct., Dallas County, Tex. filed Apr. 13, 2021) (the “Related Action”); as well
as Defendants Oliver Street Dermatology Management LLC, Geoff L. Wayne, J. Scott Wells, and
the Specially Appearing Defendants’ Motion to Dismiss or to Compel Arbitration (the “Motion to
Compel Arbitration”). The Court, having considered the pleadings filed in this case, the arguments
of counsel, and the relevant legal principles and evidence, with Defendants having reserved their
rights to attorneys’ fees to be proven at arbitration, hereby GRANTS IN ITS ENTIRETY the
|PROPOSED| ORDER ON DEFENDANTS’ SPECIAL APPEARANCE Page 1
Special Appearance, TRANSFERS the Related Action to this Court, and GRANTS H\I ITS
ENTIRETY the Motion to Compel Arbitration. It is therefore ORDERED:
1. The Specially Appearing Defendants’ objection to jurisdiction is sustained;
2. All of Plaintiffs’ claims against the Specially Appearing Defendants are dismissed for lack
of personal jurisdiction;
The Related Action is so related to the above-captioned case previously filed in this Court
that transfer of the Related Action to this Court would facilitate orderly and efficient
disposition of the litigation.
The Related Action arises out of the same transaction or occurrence as the above-captioned
earlier-filed case.
The Related Action is transferred to this Court in accordance with Local Rules 1.06 and
1.07.
All of Plaintiffs’ claims against the remaining Defendants, including those claims asserted
in the Related Action, are subject to mandatory arbitration pursuant to enforceable
agreements to arbitrate, and therefore must be compelled to arbitration under the Federal
Arbitration Act and Texas Arbitration Act.
Plaintiffs and the non-Specially Appearing Defendants will arbitrate their disputes in at
least six separate arbitration proceedings—an individual arbitration proceeding between
each Plaintiff and Defendant(s).
The disputes will be administered and submitted to binding confidential arbitration before
the American Arbitration Association (“AAA”).
The AAA Commercial Rules currently in effect (“AAA Rules”) will govern the separate
arbitration proceedings.
|PROPOSED| ORDER ON DEFENDANTS’ SPECIAL APPEARANCE Page 2
10. At least six separate arbitrators will be appointed for each separate arbitration proceeding
in accordance with the AAA Rules’ provisions for appointment of arbitrators, as follows:
a. Gilbert Selkin
Arbitrator:
b. Susanne Lockhart
Arbitrator:
c. Christie Matter
Arbitrator:
d. Mark Ray
Arbitrator:
e. Lisa Pruett
Arbitrator:
f. Jon Pruett
Arbitrator:
11. The costs and fees for the arbitrations and the arbitrators shall be split 50/50 by Plaintiffs,
on the one hand, and the non-Specially Appearing Defendants, on the other hand.
IT IS SO ORDERED
Signed: , 2021
HONORABLE JUDGE TOBOLOWSKY
|PROPOSED| ORDER ON DEFENDANTS’ SPECIAL APPEARANCE Page 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.
Yvette Ostolaza on behalf of Penny Reid
Bar No. 15402570
yvette.ostolaza@sidley.com
Envelope ID: 55943543
Status as of 8/3/2021 3:38 PM CST
Associated Case Party: OLIVER STREET DERMATOLOGY HOLDINGS LLC
Name BarNumber Email TimestampSubmitted Status
Margaret Allen margaret.allen@sidley.com 8/3/2021 10:06:58 AM SENT
Associated Case Party: MARK RAY
Name BarNumber Email TimestampSubmitted Status
Robert R.Burford rburford@burfordperry.com 8/3/2021 10:06:58 AM SENT
Matt E.Parks mparks@burfordperry.com 8/3/2021 10:06:58 AM SENT
Burford Perry Service service@burfordperry.com 8/3/2021 10:06:58 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
TX Efiling Notice txefilingnotice@sidley.com 8/3/2021 10:06:58 AM SENT
Crystal Clark crystal.clark@sidley.com 8/3/2021 10:06:58 AM SENT
Nancy Cade ncade@sidley.com 8/3/2021 10:06:58 AM SENT
Diane Padilla dpadilla@sidley.com 8/3/2021 10:06:58 AM SENT
Robin Ainsworth rainsworth@hchlawyers.com 8/3/2021 10:06:58 AM SENT
Kim Hill khill@hchlawyers.com 8/3/2021 10:06:58 AM SENT
HENDERSHOT COWART PC netdocs@hchlawyers.com 8/3/2021 10:06:58 AM SENT
Ky Jurgensen kjurgensen@hchlawyers.com 8/3/2021 10:06:58 AM SENT
Associated Case Party: DERM GROWTH PARTNERS l, LLC
Name
Barret Armbruster
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.
Yvette Ostolaza on behalf of Penny Reid
Bar No. 15402570
yvette.ostolaza@sidley.com
Envelope ID: 55943543
Status as of 8/3/2021 3:38 PM CST
Associated Case Party: DERM GROWTH PARTNERS l, LLC
Patrick Foley patrick.foley@sidley.com 8/3/2021 10:06:58 AM SENT
Penny P. Reid preid@sidley.com 8/3/2021 10:06:58 AM SENT
Mitchell BrantAlleluia-Feinberg malleluiafeinberg@sidley.com 8/3/2021 10:06:58 AM SENT
Yvette Ostolaza yvette.ostolaza@sidley.com 8/3/2021 10:06:58 AM SENT
Sophie V.Franks sfranks@sidley.com 8/3/2021 10:06:58 AM SENT
Preview
CAUSE NO. DC-20-1 6414 MARK RAY, M.D., IN THE DISTRICT COURT §§§§§§§§§§§§§§§ ET AL., Plaintzffs, V. OLIVER STREET DERMATOLOGY MANAGEMENT LLC, OLIVER STREET 298m IUDICIAL DISTRICT DERMATOLOGY HOLDINGS LLC, DERM GROWTH PARTNERS I, LLC, DERM GROWTH PARTNERS II, LLC, DERM GROWTH PARTNERS III, LLC, GEOFF L. WAYNE, and J. SCOTT WELLS, DALLAS COUNTY, TEXAS Defendants. [PROPOSED] ORDER ON DEFENDANTS DERM GROWTH PARTNERS I, LLC, DERM GROWTH PARTNERS II, LLC, DERM GROWTH PARTNERS III, LLC, AND OLIVER STREET DERMATOLOGY HOLDINGS LLC’S SPECIAL APPEARANCE AND MOTION TO DISMISS FOR LACK 0F PERSONAL JURISDICTION AND DEFENDANTS’ MOTION TO DISMISS OR TO COMPEL ARBITRATION On , 2021, the Court considered Specially Appearing Defendants Derm Growth Partners I, LLC, Derm Growth Partners II, LLC, Derm Growth Partners III, LLC, and Oliver Street Dermatology Holdings LLC’s (collectively, the “Specially Appearing Defendants”) Special Appearance and Motion to Dismiss for Lack of Personal Jurisdiction (the “Special Appearance”); Defendants’ Notice of Related Case, Pruett v. Oliver Street 5. 01(a), Ina, No. DC- 21-04829 (l 9lst Dist. Ct., Dallas County, Tex. filed Apr. 13, 2021) (the “Related Action”); as well as Defendants Oliver Street Dermatology Management LLC, Geoff L. Wayne, J. Scott Wells, and the Specially Appearing Defendants’ Motion to Dismiss or to Compel Arbitration (the “Motion to Compel Arbitration”). The Court, having considered the pleadings filed in this case, the arguments of counsel, and the relevant legal principles and evidence, with Defendants having reserved their rights to attorneys’ fees to be proven at arbitration, hereby GRANTS IN ITS ENTIRETY the |PROPOSED| ORDER ON DEFENDANTS’ SPECIAL APPEARANCE Page 1 Special Appearance, TRANSFERS the Related Action to this Court, and GRANTS H\I ITS ENTIRETY the Motion to Compel Arbitration. It is therefore ORDERED: 1. The Specially Appearing Defendants’ objection to jurisdiction is sustained; 2. All of Plaintiffs’ claims against the Specially Appearing Defendants are dismissed for lack of personal jurisdiction; The Related Action is so related to the above-captioned case previously filed in this Court that transfer of the Related Action to this Court would facilitate orderly and efficient disposition of the litigation. The Related Action arises out of the same transaction or occurrence as the above-captioned earlier-filed case. The Related Action is transferred to this Court in accordance with Local Rules 1.06 and 1.07. All of Plaintiffs’ claims against the remaining Defendants, including those claims asserted in the Related Action, are subject to mandatory arbitration pursuant to enforceable agreements to arbitrate, and therefore must be compelled to arbitration under the Federal Arbitration Act and Texas Arbitration Act. Plaintiffs and the non-Specially Appearing Defendants will arbitrate their disputes in at least six separate arbitration proceedings—an individual arbitration proceeding between each Plaintiff and Defendant(s). The disputes will be administered and submitted to binding confidential arbitration before the American Arbitration Association (“AAA”). The AAA Commercial Rules currently in effect (“AAA Rules”) will govern the separate arbitration proceedings. |PROPOSED| ORDER ON DEFENDANTS’ SPECIAL APPEARANCE Page 2 10. At least six separate arbitrators will be appointed for each separate arbitration proceeding in accordance with the AAA Rules’ provisions for appointment of arbitrators, as follows: a. Gilbert Selkin Arbitrator: b. Susanne Lockhart Arbitrator: c. Christie Matter Arbitrator: d. Mark Ray Arbitrator: e. Lisa Pruett Arbitrator: f. Jon Pruett Arbitrator: 11. The costs and fees for the arbitrations and the arbitrators shall be split 50/50 by Plaintiffs, on the one hand, and the non-Specially Appearing Defendants, on the other hand. IT IS SO ORDERED Signed: , 2021 HONORABLE JUDGE TOBOLOWSKY |PROPOSED| ORDER ON DEFENDANTS’ SPECIAL APPEARANCE Page 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. Yvette Ostolaza on behalf of Penny Reid Bar No. 15402570 yvette.ostolaza@sidley.com Envelope ID: 55943543 Status as of 8/3/2021 3:38 PM CST Associated Case Party: OLIVER STREET DERMATOLOGY HOLDINGS LLC Name BarNumber Email TimestampSubmitted Status Margaret Allen margaret.allen@sidley.com 8/3/2021 10:06:58 AM SENT Associated Case Party: MARK RAY Name BarNumber Email TimestampSubmitted Status Robert R.Burford rburford@burfordperry.com 8/3/2021 10:06:58 AM SENT Matt E.Parks mparks@burfordperry.com 8/3/2021 10:06:58 AM SENT Burford Perry Service service@burfordperry.com 8/3/2021 10:06:58 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status TX Efiling Notice txefilingnotice@sidley.com 8/3/2021 10:06:58 AM SENT Crystal Clark crystal.clark@sidley.com 8/3/2021 10:06:58 AM SENT Nancy Cade ncade@sidley.com 8/3/2021 10:06:58 AM SENT Diane Padilla dpadilla@sidley.com 8/3/2021 10:06:58 AM SENT Robin Ainsworth rainsworth@hchlawyers.com 8/3/2021 10:06:58 AM SENT Kim Hill khill@hchlawyers.com 8/3/2021 10:06:58 AM SENT HENDERSHOT COWART PC netdocs@hchlawyers.com 8/3/2021 10:06:58 AM SENT Ky Jurgensen kjurgensen@hchlawyers.com 8/3/2021 10:06:58 AM SENT Associated Case Party: DERM GROWTH PARTNERS l, LLC Name Barret Armbruster 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. Yvette Ostolaza on behalf of Penny Reid Bar No. 15402570 yvette.ostolaza@sidley.com Envelope ID: 55943543 Status as of 8/3/2021 3:38 PM CST Associated Case Party: DERM GROWTH PARTNERS l, LLC Patrick Foley patrick.foley@sidley.com 8/3/2021 10:06:58 AM SENT Penny P. Reid preid@sidley.com 8/3/2021 10:06:58 AM SENT Mitchell BrantAlleluia-Feinberg malleluiafeinberg@sidley.com 8/3/2021 10:06:58 AM SENT Yvette Ostolaza yvette.ostolaza@sidley.com 8/3/2021 10:06:58 AM SENT Sophie V.Franks sfranks@sidley.com 8/3/2021 10:06:58 AM SENT