On June 10, 2022 a
Motion,Ex Parte
was filed
involving a dispute between
Medely, Inc.,
and
Ad Hospital East, Llc,
Advanced Dallas Hospital & Clinics, Llc,
River Oaks Hospital & Clinics, Llc,
for OTHER CONTRACT
in the District Court of Dallas County.
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FILED
2/23/2023 11:05 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Marissa Gomez DEPUTY
CAUSE NO. DC—22-06335
MEDELY, INC. § IN THE DISTRICT COURT
§
Plaintiff, §
§
V. §
§
ADVANCED DALLAS HOSPITAL & § 298th JUDICLAL DISTRICT
CLINICS, LLC, RIVER OAKS §
HOSPITAL & CLINICS, LLC, and §
AD HOSPITAL EAST, LLC §
§
Defendants. § DALLAS COUNTY, TEXAS
PLAINTIFF’S SECOND MOTION TO COMPEL DISCOVERY
TO THE HONORABLE COURT:
Plaintiff moves to compel Defendants’ corporate depositions in Dallas County.
1. Plaintiff has attempted to obtain deposition dates from Defendants since January
11, 2023. Plaintiff contacted Defendants at least four times to obtain dates. None were provided.
Plaintiff was forced to unilaterally notice Defendants’ depositions for February 2, 2023. At
counsel’s request, Plaintiff postponed those depositions to allow Defendants to appear on a
mutually agreeable date.
2. Plaintiff requested new deposition dates three times. Defendant did not respond.
Plaintiff was again forced to unilaterally notice the depositions, this time, for February 28, 2023.
3. Defendants moved to quash those depositions by written motion. Defendants did
not list alternative dates in that motion. They separately offered dates in March for deposition by
video. Plaintiff desires live depositions due, in part, to the volume of exhibits/invoices needed to
examine the witness, as allowed by TEX. R. CIV. P. 199.2. Plaintiff moves the Court to compel
Defendants to appear for deposition in Dallas County on a mutually agreeable date no later than
ten (10) days from the Court’s ruling on this motion.
PLAINTIFF’S SECOND MOTION TO COMPEL DISCOVERY — PAGE 1
4. This is the second motion to compel Plaintiff was forced to prepare and file due to
discovery issues with Defendant. Pursuant to TEX. R. CIV. P. 215, Plaintiff requests an award of
its reasonable and necessary attorneys’ fees, and costs for the preparation and hearing of this
motion.
WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that its Motion to
Compel be in all things granted, that Defendants be compelled to appear for deposition, and for all
relief, general and special, at law or in equity, to which Plaintiff is entitled.
Respectfully Submitted,
VASSAR, McCOWN, DEAR & SICOTTE, L.L.P.
15851 Dallas Parkway, Suite 525
Addison, Texas 75001
(972) 371-2411
(972) 371-2410 — Telecopier
By: /s/ Jim McCown
James M. McCown
jmccown@vmdslaw.com
State Bar No. 00788002
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF CONFERENCE
I hereby certify that I conferred with Defendants’ counsel’s office regarding the foregoing
motion. They could not agree to the relief requested. The motion is therefore presented to the
Court for determination.
/s/ James M. McCown
James M. McCown
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing was forwarded to
all known counsel of record by serving same Via e—mail on the 23rd day of February, 2023.
/s/ James M. McCown
James M. McCown
PLAINTIFF’S SECOND MOTION TO COMPEL DISCOVERY — PAGE 2
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.
Envelope ID: 73037607
Status as of 2/23/2023 1:26 PM CST
Associated Case Party: MEDELY, INC.
Name BarNumber Email TimestampSubmitted Status
James MMcCown jmccown@vmdslaw.com 2/23/2023 11:05:39 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
James Michael McCown 788002 jmccown@vmdslaw.com 2/23/2023 11:05:39 AM SENT
Associated Case Party: ADVANCED DALLAS HOSPITAL & CLINICS, LLC
Name BarNumber Email TimestampSubmitted Status
Bob Wynne service@justwyn nelaw.com 2/23/2023 11:05:39 AM SENT
Document Filed Date
February 23, 2023
Case Filing Date
June 10, 2022
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FILED 2/23/2023 11:05 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Marissa Gomez DEPUTY CAUSE NO. DC—22-06335 MEDELY, INC. § IN THE DISTRICT COURT § Plaintiff, § § V. § § ADVANCED DALLAS HOSPITAL & § 298th JUDICLAL DISTRICT CLINICS, LLC, RIVER OAKS § HOSPITAL & CLINICS, LLC, and § AD HOSPITAL EAST, LLC § § Defendants. § DALLAS COUNTY, TEXAS PLAINTIFF’S SECOND MOTION TO COMPEL DISCOVERY TO THE HONORABLE COURT: Plaintiff moves to compel Defendants’ corporate depositions in Dallas County. 1. Plaintiff has attempted to obtain deposition dates from Defendants since January 11, 2023. Plaintiff contacted Defendants at least four times to obtain dates. None were provided. Plaintiff was forced to unilaterally notice Defendants’ depositions for February 2, 2023. At counsel’s request, Plaintiff postponed those depositions to allow Defendants to appear on a mutually agreeable date. 2. Plaintiff requested new deposition dates three times. Defendant did not respond. Plaintiff was again forced to unilaterally notice the depositions, this time, for February 28, 2023. 3. Defendants moved to quash those depositions by written motion. Defendants did not list alternative dates in that motion. They separately offered dates in March for deposition by video. Plaintiff desires live depositions due, in part, to the volume of exhibits/invoices needed to examine the witness, as allowed by TEX. R. CIV. P. 199.2. Plaintiff moves the Court to compel Defendants to appear for deposition in Dallas County on a mutually agreeable date no later than ten (10) days from the Court’s ruling on this motion. PLAINTIFF’S SECOND MOTION TO COMPEL DISCOVERY — PAGE 1 4. This is the second motion to compel Plaintiff was forced to prepare and file due to discovery issues with Defendant. Pursuant to TEX. R. CIV. P. 215, Plaintiff requests an award of its reasonable and necessary attorneys’ fees, and costs for the preparation and hearing of this motion. WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that its Motion to Compel be in all things granted, that Defendants be compelled to appear for deposition, and for all relief, general and special, at law or in equity, to which Plaintiff is entitled. Respectfully Submitted, VASSAR, McCOWN, DEAR & SICOTTE, L.L.P. 15851 Dallas Parkway, Suite 525 Addison, Texas 75001 (972) 371-2411 (972) 371-2410 — Telecopier By: /s/ Jim McCown James M. McCown jmccown@vmdslaw.com State Bar No. 00788002 ATTORNEYS FOR PLAINTIFF CERTIFICATE OF CONFERENCE I hereby certify that I conferred with Defendants’ counsel’s office regarding the foregoing motion. They could not agree to the relief requested. The motion is therefore presented to the Court for determination. /s/ James M. McCown James M. McCown CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing was forwarded to all known counsel of record by serving same Via e—mail on the 23rd day of February, 2023. /s/ James M. McCown James M. McCown PLAINTIFF’S SECOND MOTION TO COMPEL DISCOVERY — PAGE 2 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. Envelope ID: 73037607 Status as of 2/23/2023 1:26 PM CST Associated Case Party: MEDELY, INC. Name BarNumber Email TimestampSubmitted Status James MMcCown jmccown@vmdslaw.com 2/23/2023 11:05:39 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status James Michael McCown 788002 jmccown@vmdslaw.com 2/23/2023 11:05:39 AM SENT Associated Case Party: ADVANCED DALLAS HOSPITAL & CLINICS, LLC Name BarNumber Email TimestampSubmitted Status Bob Wynne service@justwyn nelaw.com 2/23/2023 11:05:39 AM SENT