On September 09, 2022 a
Hearing
was filed
involving a dispute between
Usa Consultobiz, Inc,
Usa Surgical Inc. D B A Consultobiz, Inc,
Usa Surgical Inc. D B A Usa Consultobiz Inc.,
and
Jenkins, Christy,
Sethuraman, Venkat,
for OTHER (CIVIL)
in the District Court of Dallas County.
Preview
FILED
8/28/2023 9:03 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Kellie Juricek DEPUTY
Cause No. DC-22-11966
USA SURGICAL INC. d/b/a USA IN THE DISTRICT COURT
§§§§§§§§§§§§
Consultobiz Inc. And USA
CONSULTOBIZ, INC.
Plaintiffs,
V. 162ND JUDICIAL DISTRICT
VENKAT SETHURAMAN and
CHRISTY JENKINS,
Defendants. DALLAS COUNTY, TEXAS
RESPONSE TO MOTION TO SEVER
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW Venkat Sethuraman (“Respondent”), Counter and Third-Party Plaintiff in
the above-styled and numbered cause of action and files this is response to the Motion to Sever
(the “Motion”) filed by Plaintiffs and Third-Party Defendants (“Movants”). In support of the
foregoing, Respondents would respectfully show the Court as follows:
I.
Motion for Continuance
This matter is set for hearing on September l, 2023. The undersigned has been called to
trial in Wintergreen TH, LLC v. MHM-Fulgrum, LLC, et al.; Cause No. DC-22-06194; in the 14th
Judicial District Court, Dallas, County Texas. Trial in the Wintergreen matter starts on August 29,
2023 and is expected to last 2-3 days. Respondent moves to continue the hearing on this matter
due to counsel’s trial conflict.
RESPONSE T0 MOTION TO SEVER PAGE 1
II.
Arguments and Authorities
Severance is a procedural means used by the trial court to separate a single case into two
or more separate and independent lawsuits. See Tex. R. Civ. P. 41. “[A]Voiding prejudice, doing
justice, and increasing convenience are the controlling reasons to allow a severance.” Guaranty
Fed. Sav. Bank v. Horseshoe Operating C0., 793 S.W.2d 652, 658 (Tex. 1990). A claim is properly
severable only if: (1) the controversy involves more than one cause of action, (2) the severed claim
is one that would be the proper subject of a lawsuit if independently asserted, and (3) the severed
claim is not so interwoven with the remaining actions that they involve the same issues and facts.
Id. Although this controversy involves more than one cause of action, the remaining factors make
it abundantly clear that severance would be improper.
The claims raised against Third-Party Defendants are inextricable interwoven with
Defendants defenses to the claims made by Plaintiffs. In essence, Respondent claim that Mohamad
Asim Shamim was really the person running Defendants, Mas Marvel, and the rest of Dr.
Sethuraman’s investments. At Paragraph 22 of the Counterclaim and Third-Party Claim,
Respondent alleges that “the fimds that Plaintiffs claim were stolen or converted by Counter-
Plaintiff were voluntarily released by or on behalf of Shamim, as Plaintiffs’ authorized
representatives, as payments and distributions from Counter-Plaintiff’s non-medical investments
with Shamim.” As a result, severance is improper and the Motion should be denied. In the
alternative, Respondent moves for leave to replead to better establish the interwoven nature of the
claims.
WHEREFORE, PREMISES CONSIDERED, Respondent respectfully requests that the
Court deny the Motion and grant him such further and additional relief to which he may show
himself to be justly entitled.
RESPONSE T0 MOTION TO SEVER PAGE 2
Respectfully submitted,
HOLMGREN JOHNSON:
MITCHELL MADDEN, LLP
By: /s/ Dennis Holmgren
Dennis Holmgren
State Bar No. 24036799
Email: dennis@hjmmlegal.com
12801 N. Central Expressway, Suite 140
Dallas, Texas 75243
Telephone: 972-484-7780
Facsimile: 972-484-7743
ATTORNEYS FOR DEFENDANTS AND
COUNTER-PLAINTIFFS
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was served on counsel of
record according to the Texas Rules of Civil Procedure on August 28, 2023.
/s/ Dennis Holmgren
Dennis Holmgren
RESPONSE TO MOTION TO SEVER 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.
Tania Flores on behalf of Dennis Holmgren
Bar No. 24036799
tflores@hjmmlegal.com
Envelope ID: 79000191
Filing Code Description: Response
Filing Description: DEF/RESPONSE TO MOTION SEVER
Status as of 8/29/2023 8:56 AM CST
Associated Case Party: USA SURGICAL INC. D/B/A CONSULTOBIZ, INC
Name BarNumber Email TimestampSubmitted Status
JOSHUA CARPENTER josh@carplawfirm.com 8/28/2023 9:03:38 PM SENT
Josh Carpenter filing@carp|awfirm.com 8/28/2023 9:03:38 PM SENT
Todd Cohen toddcohen@carplawfirm.com 8/28/2023 9:03:38 PM SENT
KURT SELIESON KURTE@CARPLAWFIRM.COM 8/28/2023 9:03:38 PM SENT
Christopher J.Snyder chris@carplawfirm.com 8/28/2023 9:03:38 PM SENT
Associated Case Party: VENKAT SETHURAMAN
Name BarNumber Email TimestampSubmitted Status
Dennis Holmgren dennis@hjmmlegal.com 8/28/2023 9:03:38 PM SENT
Tania Flores tflores@hjmmlegal.com 8/28/2023 9:03:38 PM SENT
Document Filed Date
October 19, 2023
Case Filing Date
September 09, 2022
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED 8/28/2023 9:03 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Kellie Juricek DEPUTY Cause No. DC-22-11966 USA SURGICAL INC. d/b/a USA IN THE DISTRICT COURT §§§§§§§§§§§§ Consultobiz Inc. And USA CONSULTOBIZ, INC. Plaintiffs, V. 162ND JUDICIAL DISTRICT VENKAT SETHURAMAN and CHRISTY JENKINS, Defendants. DALLAS COUNTY, TEXAS RESPONSE TO MOTION TO SEVER TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW Venkat Sethuraman (“Respondent”), Counter and Third-Party Plaintiff in the above-styled and numbered cause of action and files this is response to the Motion to Sever (the “Motion”) filed by Plaintiffs and Third-Party Defendants (“Movants”). In support of the foregoing, Respondents would respectfully show the Court as follows: I. Motion for Continuance This matter is set for hearing on September l, 2023. The undersigned has been called to trial in Wintergreen TH, LLC v. MHM-Fulgrum, LLC, et al.; Cause No. DC-22-06194; in the 14th Judicial District Court, Dallas, County Texas. Trial in the Wintergreen matter starts on August 29, 2023 and is expected to last 2-3 days. Respondent moves to continue the hearing on this matter due to counsel’s trial conflict. RESPONSE T0 MOTION TO SEVER PAGE 1 II. Arguments and Authorities Severance is a procedural means used by the trial court to separate a single case into two or more separate and independent lawsuits. See Tex. R. Civ. P. 41. “[A]Voiding prejudice, doing justice, and increasing convenience are the controlling reasons to allow a severance.” Guaranty Fed. Sav. Bank v. Horseshoe Operating C0., 793 S.W.2d 652, 658 (Tex. 1990). A claim is properly severable only if: (1) the controversy involves more than one cause of action, (2) the severed claim is one that would be the proper subject of a lawsuit if independently asserted, and (3) the severed claim is not so interwoven with the remaining actions that they involve the same issues and facts. Id. Although this controversy involves more than one cause of action, the remaining factors make it abundantly clear that severance would be improper. The claims raised against Third-Party Defendants are inextricable interwoven with Defendants defenses to the claims made by Plaintiffs. In essence, Respondent claim that Mohamad Asim Shamim was really the person running Defendants, Mas Marvel, and the rest of Dr. Sethuraman’s investments. At Paragraph 22 of the Counterclaim and Third-Party Claim, Respondent alleges that “the fimds that Plaintiffs claim were stolen or converted by Counter- Plaintiff were voluntarily released by or on behalf of Shamim, as Plaintiffs’ authorized representatives, as payments and distributions from Counter-Plaintiff’s non-medical investments with Shamim.” As a result, severance is improper and the Motion should be denied. In the alternative, Respondent moves for leave to replead to better establish the interwoven nature of the claims. WHEREFORE, PREMISES CONSIDERED, Respondent respectfully requests that the Court deny the Motion and grant him such further and additional relief to which he may show himself to be justly entitled. RESPONSE T0 MOTION TO SEVER PAGE 2 Respectfully submitted, HOLMGREN JOHNSON: MITCHELL MADDEN, LLP By: /s/ Dennis Holmgren Dennis Holmgren State Bar No. 24036799 Email: dennis@hjmmlegal.com 12801 N. Central Expressway, Suite 140 Dallas, Texas 75243 Telephone: 972-484-7780 Facsimile: 972-484-7743 ATTORNEYS FOR DEFENDANTS AND COUNTER-PLAINTIFFS CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served on counsel of record according to the Texas Rules of Civil Procedure on August 28, 2023. /s/ Dennis Holmgren Dennis Holmgren RESPONSE TO MOTION TO SEVER 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. Tania Flores on behalf of Dennis Holmgren Bar No. 24036799 tflores@hjmmlegal.com Envelope ID: 79000191 Filing Code Description: Response Filing Description: DEF/RESPONSE TO MOTION SEVER Status as of 8/29/2023 8:56 AM CST Associated Case Party: USA SURGICAL INC. D/B/A CONSULTOBIZ, INC Name BarNumber Email TimestampSubmitted Status JOSHUA CARPENTER josh@carplawfirm.com 8/28/2023 9:03:38 PM SENT Josh Carpenter filing@carp|awfirm.com 8/28/2023 9:03:38 PM SENT Todd Cohen toddcohen@carplawfirm.com 8/28/2023 9:03:38 PM SENT KURT SELIESON KURTE@CARPLAWFIRM.COM 8/28/2023 9:03:38 PM SENT Christopher J.Snyder chris@carplawfirm.com 8/28/2023 9:03:38 PM SENT Associated Case Party: VENKAT SETHURAMAN Name BarNumber Email TimestampSubmitted Status Dennis Holmgren dennis@hjmmlegal.com 8/28/2023 9:03:38 PM SENT Tania Flores tflores@hjmmlegal.com 8/28/2023 9:03:38 PM SENT