Answer: SURGERY CENTER OF TEXAS LP vs. EMMANUEL E. UBINAS-BRACHE, MD

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                                FILED
                                                                                                        DALLAS COUNTY
                                                                                                      1/9/2017 5:55:26 PM
                                                                                                           FELICIA PITRE
                                                                                                        DISTRICT CLERK



                                             DC-16-15650

DR. EMMANUEL E. UBINAS-BRACHE,                          §              IN THE DISTRICT COURT
M.D.,                                                   §
                                                        §
        Plaintiff,                                      §
                                                        §
v.                                                      §              193rd JUDICIAL DISTRICT
                                                        §
SURGERY CENTER OF TEXAS, L.P.,                          §
                                                        §
        Defendant.                                      §              DALLAS COUNTY, TEXAS

                              DEFENDANT’S ORIGINAL ANSWER

        Defendant, Surgery Center of Texas, L.P. (“SCOT”), hereby files its Original Answer to

the Original Petition filed by Plaintiff, Dr. Emmanuel E. Ubinas-Brache, M.D. (“Ubinas”), and in

support thereof, SCOT respectfully states as follows:

                                               I.
                                         GENERAL DENIAL

        1.       SCOT generally denies each and every, all and singular, the allegations set forth in

Ubinas’ Original Petition and demands strict proof thereof.

                                                II.
                                       AFFIRMATIVE DEFENSES

        2.       Consistent with Rule 94 of the Texas Rules of Civil Procedure, SCOT asserts the

following affirmative defenses:

                 a.      SCOT objects to Ubinas’ request for a jury trial, as he waived his rights to a

jury trial under Section 18.8 of the Agreement;

                 b.      Accord and satisfaction;




Defendant’s Original Answer – Page 1
                c.       Payment;

                d.       Ubinas’ claims are barred, in whole or in part, by his prior, material breach;

        and

                e.       Ubinas’ claims are barred by the one-year, contractual statute of limitations

set forth in Section 18.6 of the Agreement.

                                            III.
                                  REQUEST FOR DISCLOSURES

        3.      SCOT requests Ubinas disclose, within 30 days hereof, the items described in Texas

Rule of Civil Procedure 194.2.


                                                 IV.
                                               PRAYER

        Therefore, SCOT prays that Ubinas takes nothing by way of his claims and that, upon final

trial, SCOT be awarded its costs and fees expended herein, and such other and further relief to

which it may show itself justly entitled.

Dated: January 9, 2017                                  Respectfully submitted,

                                                        HALLETT & PERRIN, P.C.


                                                        /s/ Michael S. Alfred
                                                        Michael S. Alfred
                                                        State Bar No. 24014416
                                                        1445 Ross Avenue, Suite 2400
                                                        Dallas, Texas 75202
                                                        (214) 953-0053 – Telephone
                                                        (214) 922-4141 – Facsimile

                                                        ATTORNEYS FOR DEFENDANT




Defendant’s Original Answer – Page 2
                                       CERTIFICATE OF SERVICE

        This is to certify that on the 9th day of January, 2017, a true and correct copy of the
foregoing document was served upon counsel of record as indicated below:

 Charles W. Sartain                               [ ]   U.S. Mail
 Gray Reed & McGraw, P.C.                         [ ]   Hand Delivery
 1601 Elm Street, Suite 4600                      [ ]   Overnight Mail
 Dallas, Texas 75201                              [ ]   Certified
 csartain@grayreed.com                            [ ]   Facsimile
                                                  [x]   Electronic Mail


                                                    /s/ Michael S. Alfred




Defendant’s Original Answer – Page 3