On December 01, 2020 a
Letter,Correspondence
was filed
involving a dispute between
Beaver, Debbie,
and
Baylor Scott & White Health,
Charles F Mooney Md Pa,
Cogswell, Max, Md,
Davis, David, Md,
Heritage Park Surgical Hospital Llc,
Jerry Hardy Crna,
Mooney, Charles F., Md,
North Texas Comprehensive Cardiology Pllc,
Pillow, Bradley, Md,
United Surgical Partners International Inc,
Us Anesthesia Partners Inc,
Us Anesthesia Partners Of Texas Pa,
for PROFESSIONAL LIABILITY
in the District Court of Dallas County.
Preview
FILED
8/26/2022 2:49 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Madison McCarrier DEPUTY
STEED ° DUNNILL ' REYNOLDS
BAILEY ° STEPHENSON LLP
ATTORNEYS & COUNSELORS
SHERMAN OFFICE
250 East Evergreen Street
Sherman, Texas 75090
Telephone 903.813.3900
Fax 903.813.3909
danamorganQsteedlawfirm.com
August 26, 2022
Honorable Tonya Parker
116th District Court
George L. Allen, Sr. Courts Building
600 Commerce Street
Box 822
Dallas, TX 75202
Re: Debbie Beaver V. Charles F. Mooney, M.D. et a1.
Cause No. DC-20-17801; 116th Judicial Court, Dallas County, Texas
Dear Honorable Judge Parker,
Yesterday, August 25, 2022, Defendants’ respective motions to transfer venue were set to
be heard. When I arrived for the hearing, Plaintiff’s counsel handed me a pleading his office
tried to file earlier that day but could not do so due to issues with the e-filing system. I was unable
to review it prior to arguing our motion.
I have since had an opportunity to review Plaintiff’s Motion to Strike Defendant’s Reply
and Objections to and Motion to Strike Affidavits that I now understand is being filed with the
Court. In light of this development, and our inability to respond to the arguments contained therein
at the hearing, the undersigned counsel respectfully files this Letter Brief in Response thereto.
On page 3, paragraph 9, Plaintiff contends that a new affidavit from my client Dr. Mooney
was served dated February 1, 2022. This is untrue. Dr. Mooney’s affidavit was dated, sworn, and
filed with the Court on January 8, 2021. Defendants simply re-attached the previously provided
affidavit for the Court’s convenience. Further, to be clear, the affidavits of Dr. Cogswell, Dr.
Pillow, and Jerry Hardy CRNA were also previously filed on February 10, 2022. Thus, there are
no “new” affidavits.
With regard to Plaintiff s concerns about the deposition testimony cited, all of this evidence
is simply cumulative of evidence already on file. The affidavits filed with the Court by Defendants
Honorable Tonya Parker
August 26, 2022
Page 2
many months ago referenced Mrs. Beaver’s residence in Grayson County in varying specificity.
The USAP affidavits point out her residence in Grayson County for 25+ years along with her work
in Grayson County. Dr. Mooney’s and Cogswell’s affidavits contain their sworn statements about
their respective residences and/or medical practices in Grayson County. With regard to Mr.
Beaver’s medical providers being located in Grayson County, the affidavits previously on file
reference the same in varying degrees. Dr. Mooney’s affidavit specifically references Mr. Beaver
receiving his healthcare in Grayson County dating back to at least 2014 when he saw him initially.
He fiirther points out the medical care at local Sherman hospital Wilson N. Jones both before and
after the incident on December 5, 2018. All of this evidence remains undisputed.
Finally, on May 12, 2021, counsel for Defendants David Davis, M.D. and Comprehensive
Cardiology PLLC filed Defendants’ Reply to Plaintiff’s Response to Defendants’ Motion to
Transfer Venue. Dr. Davis and his group were recently nonsuited. Thus, Defendants recently filed
their Joint Brief in Support of Defendants’ Motion to Transfer Venue containing the exact
arguments and legal citations made by counsel for these recently nonsuited Defendants. In light
of these exact arguments being on file with the Court for more than one year, there is a lack of
unfair surprise or unfair prejudice to Plaintiff and pursuant to TRCP Rule 87(1) asks the Court for
leave to consider the arguments contained therein and at the hearing. In the alternative, Defendants
respectfully request that the Court take judicial notice of this pleading filed by counsel for Dr.
Davis and his group. As the respective motions to transfer venue were scheduled for hearing so
remote from the original filings, Defendants simply wanted to provide a convenient way for the
Court to consider the arguments and affidavits in one filing.
In light of the above, we ask the Court to consider in full the timely filed affidavits of Dr.
Charles Mooney, Dr. Max Cogswell, Dr. Bradley Pillow, Jerry Hardy CRNA. Defendants further
request the Court consider Defendants’ Joint Brief in light of the lack of unfair surprise/prejudice
or harm to Plaintiff or, in the alternative, take judicial notice of Defendants’ David Davis, M.D.
and Comprehensive Cardiology PLLC Reply to Plaintiff s Response to Defendants’ Motion to
Transfer Venue as it contains the exact arguments and legal citations as Defendants’ Joint Brief in
Support of Defendants’ Motion to Transfer Venue.
Sincerely,
/s/ Dana Morgan
Dana Morgan
Counsel for Defendant
Charles F. Mooney, M.D.
and Charles F. Mooney, P.A.
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.
Linda Alexander on behalf of Dana Morgan
Bar No. 24007705
lindaalexander@steedlawfirm.com
Envelope ID: 67712812
Status as of 8/29/2022 10:26 AM CST
Associated Case Party: DEBBIE BEAVER
Name BarNumber Email TimestampSubmitted Status
Jeffrey HRasansky jrasansky@jrlawfirm.com 8/26/2022 2:49:52 PM SENT
Esther lAldaba ealdaba@jrlawfirm.com 8/26/2022 2:49:52 PM SENT
Bianca Alvarez balvarez@jrlawfirm.com 8/26/2022 2:49:52 PM ERROR
Brandon Thomas bthomas@jrlawfirm.com 8/26/2022 2:49:52 PM ERROR
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.
Linda Alexander on behalf of Dana Morgan
Bar No. 24007705
lindaalexander@steedlawfirm.com
Envelope ID: 67712812
Status as of 8/29/2022 10:26 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Shelley Rodgers shelleyrodgers@steedlawfirm.com 8/26/2022 2:49:52 PM SENT
William Connor Dunnill 793655 billydunnill@steedlawfirm.com 8/26/2022 2:49:52 PM SENT
Robert Murphy 24081768 BobbyMurphy@steedlawfirm.com 8/26/2022 2:49:52 PM SENT
M. Kenneth Patterson 15603250 kpatterson@mayerllp.com 8/26/2022 2:49:52 PM SENT
Marsha Hall marshahall@steedlawfirm.com 8/26/2022 2:49:52 PM SENT
Heather Brackett heatherbrackett@steedlawfirm.com 8/26/2022 2:49:52 PM SENT
Ashley Miller 24104348 amiller@mayerllp.com 8/26/2022 2:49:52 PM SENT
Stan Thiebaud sthiebaud@trtblaw.com 8/26/2022 2:49:52 PM SENT
Cynthia Ruddell cruddell@trtblaw.com 8/26/2022 2:49:52 PM SENT
Newton Jones njones@trtblaw.com 8/26/2022 2:49:52 PM SENT
Christi Lillie clillie@trtblaw.com 8/26/2022 2:49:52 PM SENT
JEFFREY HRASANSKY jrasansky@jrlawfirm.com 8/26/2022 2:49:52 PM SENT
Christopher Goosen 24125614 chrisgoosen@steedlawfirm.com 8/26/2022 2:49:52 PM SENT
Andrea Cramer-Mayfield acramer@trtblaw.com 8/26/2022 2:49:52 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.
Linda Alexander on behalf of Dana Morgan
Bar No. 24007705
lindaalexander@steedlawfirm.com
Envelope ID: 67712812
Status as of 8/29/2022 10:26 AM CST
Associated Case Party: HERITAGE PARK SURGICAL HOSPITAL LLC
Name BarNumber Email TimestampSubmitted Status
Newton J. Jones 10930300 njones@trtblaw.com 8/26/2022 2:49:52 PM SENT
Stanley A. Thiebaud 19836200 sthiebaud@trtblaw.com 8/26/2022 2:49:52 PM SENT
Amy Blair ablair@trtblaw.com 8/26/2022 2:49:52 PM SENT
Sarah McManus smcmanus@trtblaw.com 8/26/2022 2:49:52 PM SENT
Linda Maokosy |maokosy@trtblaw.com 8/26/2022 2:49:52 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.
Linda Alexander on behalf of Dana Morgan
Bar No. 24007705
lindaalexander@steedlawfirm.com
Envelope ID: 67712812
Status as of 8/29/2022 10:26 AM CST
Associated Case Party: CHARLESF.MOONEY
Name BarNumber Email TimestampSubmitted Status
Dana Morgan danamorgan@steedlawfirm.com 8/26/2022 2:49:52 PM SENT
Preview
FILED 8/26/2022 2:49 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Madison McCarrier DEPUTY STEED ° DUNNILL ' REYNOLDS BAILEY ° STEPHENSON LLP ATTORNEYS & COUNSELORS SHERMAN OFFICE 250 East Evergreen Street Sherman, Texas 75090 Telephone 903.813.3900 Fax 903.813.3909 danamorganQsteedlawfirm.com August 26, 2022 Honorable Tonya Parker 116th District Court George L. Allen, Sr. Courts Building 600 Commerce Street Box 822 Dallas, TX 75202 Re: Debbie Beaver V. Charles F. Mooney, M.D. et a1. Cause No. DC-20-17801; 116th Judicial Court, Dallas County, Texas Dear Honorable Judge Parker, Yesterday, August 25, 2022, Defendants’ respective motions to transfer venue were set to be heard. When I arrived for the hearing, Plaintiff’s counsel handed me a pleading his office tried to file earlier that day but could not do so due to issues with the e-filing system. I was unable to review it prior to arguing our motion. I have since had an opportunity to review Plaintiff’s Motion to Strike Defendant’s Reply and Objections to and Motion to Strike Affidavits that I now understand is being filed with the Court. In light of this development, and our inability to respond to the arguments contained therein at the hearing, the undersigned counsel respectfully files this Letter Brief in Response thereto. On page 3, paragraph 9, Plaintiff contends that a new affidavit from my client Dr. Mooney was served dated February 1, 2022. This is untrue. Dr. Mooney’s affidavit was dated, sworn, and filed with the Court on January 8, 2021. Defendants simply re-attached the previously provided affidavit for the Court’s convenience. Further, to be clear, the affidavits of Dr. Cogswell, Dr. Pillow, and Jerry Hardy CRNA were also previously filed on February 10, 2022. Thus, there are no “new” affidavits. With regard to Plaintiff s concerns about the deposition testimony cited, all of this evidence is simply cumulative of evidence already on file. The affidavits filed with the Court by Defendants Honorable Tonya Parker August 26, 2022 Page 2 many months ago referenced Mrs. Beaver’s residence in Grayson County in varying specificity. The USAP affidavits point out her residence in Grayson County for 25+ years along with her work in Grayson County. Dr. Mooney’s and Cogswell’s affidavits contain their sworn statements about their respective residences and/or medical practices in Grayson County. With regard to Mr. Beaver’s medical providers being located in Grayson County, the affidavits previously on file reference the same in varying degrees. Dr. Mooney’s affidavit specifically references Mr. Beaver receiving his healthcare in Grayson County dating back to at least 2014 when he saw him initially. He fiirther points out the medical care at local Sherman hospital Wilson N. Jones both before and after the incident on December 5, 2018. All of this evidence remains undisputed. Finally, on May 12, 2021, counsel for Defendants David Davis, M.D. and Comprehensive Cardiology PLLC filed Defendants’ Reply to Plaintiff’s Response to Defendants’ Motion to Transfer Venue. Dr. Davis and his group were recently nonsuited. Thus, Defendants recently filed their Joint Brief in Support of Defendants’ Motion to Transfer Venue containing the exact arguments and legal citations made by counsel for these recently nonsuited Defendants. In light of these exact arguments being on file with the Court for more than one year, there is a lack of unfair surprise or unfair prejudice to Plaintiff and pursuant to TRCP Rule 87(1) asks the Court for leave to consider the arguments contained therein and at the hearing. In the alternative, Defendants respectfully request that the Court take judicial notice of this pleading filed by counsel for Dr. Davis and his group. As the respective motions to transfer venue were scheduled for hearing so remote from the original filings, Defendants simply wanted to provide a convenient way for the Court to consider the arguments and affidavits in one filing. In light of the above, we ask the Court to consider in full the timely filed affidavits of Dr. Charles Mooney, Dr. Max Cogswell, Dr. Bradley Pillow, Jerry Hardy CRNA. Defendants further request the Court consider Defendants’ Joint Brief in light of the lack of unfair surprise/prejudice or harm to Plaintiff or, in the alternative, take judicial notice of Defendants’ David Davis, M.D. and Comprehensive Cardiology PLLC Reply to Plaintiff s Response to Defendants’ Motion to Transfer Venue as it contains the exact arguments and legal citations as Defendants’ Joint Brief in Support of Defendants’ Motion to Transfer Venue. Sincerely, /s/ Dana Morgan Dana Morgan Counsel for Defendant Charles F. Mooney, M.D. and Charles F. Mooney, P.A. 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. Linda Alexander on behalf of Dana Morgan Bar No. 24007705 lindaalexander@steedlawfirm.com Envelope ID: 67712812 Status as of 8/29/2022 10:26 AM CST Associated Case Party: DEBBIE BEAVER Name BarNumber Email TimestampSubmitted Status Jeffrey HRasansky jrasansky@jrlawfirm.com 8/26/2022 2:49:52 PM SENT Esther lAldaba ealdaba@jrlawfirm.com 8/26/2022 2:49:52 PM SENT Bianca Alvarez balvarez@jrlawfirm.com 8/26/2022 2:49:52 PM ERROR Brandon Thomas bthomas@jrlawfirm.com 8/26/2022 2:49:52 PM ERROR 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. Linda Alexander on behalf of Dana Morgan Bar No. 24007705 lindaalexander@steedlawfirm.com Envelope ID: 67712812 Status as of 8/29/2022 10:26 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Shelley Rodgers shelleyrodgers@steedlawfirm.com 8/26/2022 2:49:52 PM SENT William Connor Dunnill 793655 billydunnill@steedlawfirm.com 8/26/2022 2:49:52 PM SENT Robert Murphy 24081768 BobbyMurphy@steedlawfirm.com 8/26/2022 2:49:52 PM SENT M. Kenneth Patterson 15603250 kpatterson@mayerllp.com 8/26/2022 2:49:52 PM SENT Marsha Hall marshahall@steedlawfirm.com 8/26/2022 2:49:52 PM SENT Heather Brackett heatherbrackett@steedlawfirm.com 8/26/2022 2:49:52 PM SENT Ashley Miller 24104348 amiller@mayerllp.com 8/26/2022 2:49:52 PM SENT Stan Thiebaud sthiebaud@trtblaw.com 8/26/2022 2:49:52 PM SENT Cynthia Ruddell cruddell@trtblaw.com 8/26/2022 2:49:52 PM SENT Newton Jones njones@trtblaw.com 8/26/2022 2:49:52 PM SENT Christi Lillie clillie@trtblaw.com 8/26/2022 2:49:52 PM SENT JEFFREY HRASANSKY jrasansky@jrlawfirm.com 8/26/2022 2:49:52 PM SENT Christopher Goosen 24125614 chrisgoosen@steedlawfirm.com 8/26/2022 2:49:52 PM SENT Andrea Cramer-Mayfield acramer@trtblaw.com 8/26/2022 2:49:52 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. Linda Alexander on behalf of Dana Morgan Bar No. 24007705 lindaalexander@steedlawfirm.com Envelope ID: 67712812 Status as of 8/29/2022 10:26 AM CST Associated Case Party: HERITAGE PARK SURGICAL HOSPITAL LLC Name BarNumber Email TimestampSubmitted Status Newton J. Jones 10930300 njones@trtblaw.com 8/26/2022 2:49:52 PM SENT Stanley A. Thiebaud 19836200 sthiebaud@trtblaw.com 8/26/2022 2:49:52 PM SENT Amy Blair ablair@trtblaw.com 8/26/2022 2:49:52 PM SENT Sarah McManus smcmanus@trtblaw.com 8/26/2022 2:49:52 PM SENT Linda Maokosy |maokosy@trtblaw.com 8/26/2022 2:49:52 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. Linda Alexander on behalf of Dana Morgan Bar No. 24007705 lindaalexander@steedlawfirm.com Envelope ID: 67712812 Status as of 8/29/2022 10:26 AM CST Associated Case Party: CHARLESF.MOONEY Name BarNumber Email TimestampSubmitted Status Dana Morgan danamorgan@steedlawfirm.com 8/26/2022 2:49:52 PM SENT