On March 12, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Watson, Shante,
and
Brown, Joshua,
Town East Heating & Air Condition Co, Llc,
for MOTOR VEHICLE ACCIDENT
in the District Court of Dallas County.
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FILED
11/15/202312:15 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Debra Clark DEPUTY
CAUSE NO. DC-21-03224
SHAN TE WATSON, § IN THE DISTRICT COURT
Plaintiff §
§
§
v. § 134TH JUDICIAL DISTRICT
§
JOSHUA BROWN and TOWN EAST §
HEATING & AIR CONDITIONING CO., §
INC. §
Defendants § DALLAS COUNTY, TEXAS
DEFENDANT TOWN EAST’S
MOTION TO STRIKE EXPERTS FOR LATE DESIGNATION
COMES NOW Defendant Town East Heating & Air Conditioning, Inc., and moves this
Court to strike Plaintiffs late-designated experts, and in support shows:
1. Plaintiff filed this lawsuit on March 12, 2021 as a Level 3 case. The Court entered
a Uniform Scheduling Order that set Plaintiff’s expert designation deadline of November 8, 2021
if with a report, and November 19, 2021 without a report.
2. On March 30, 2022, this Court entered an Agreed Level 3 Scheduling Order that
extended certain deadlines, but not the deadline for experts. In fact, the parties agreed on the expert
designation deadline to read: “This is not extended and has passed.”
3. The Court has continued the trial setting in this matter, but has not extended the
date for expert disclosures.
OBJECTION TO EXPERTS RELATED TO AMEN CLINICS
4. Defendants were served with Plaintiff’ s Seventh Supplemental Disclosures on or
about November 3, 2023, just short of two years after the deadline by which Plaintiff had to
designate experts. Plaintiff provide billing and medical records from Amen Clinics. Further
designation in the disclosure was the following:
DEFENDANT TOWN EAST’S MOTION TO STRIKE EXPERTS FOR LATE DESIGNATION l
Amen Clinics, employees, agents, independent contractors, healthcare providers,
and/or custodians of medical and billing records including, but not limited to:
Daniel Amen, MD
Cherri Penne-Myers, PA
5 901-C Peachtree
Dunwoody Rd., #65
Atlanta, GA 30328
(678) 367-2810
5. These designations are late and should be stricken. Plaintiff’s designation was
served 725 days after the expert designation deadline. There is no basis for requiring Defendants
to incur the additional expense and time in response to Plaintiff ‘s creation of experts this late after
the first trial setting. Additionally, although done under the guise of a referral from another LOP
expert, the designations are simply a production of reports and a, ‘Here, deal with it’ approach to
designation. This is an abuse of discovery and Defendant is entitled to protection.
WHEREFORE, Defendant Town East Heating & Air Conditioning, Inc. requests that
upon hearing of this motion and any response thereto, the Court grant the motion and all other and
further relief to which Defendant may show itself justly entitled.
Respectfully submitted,
/s/ David M. Kennedy
David M. Kennedy
State Bar No. 11284400
E: david@saunderswalsh.com
SAUNDERS, WALSH & BEARD
Craig Ranch Professional Plaza
6850 TPC Drive, Ste 210
McKinney, Texas 75070
P: 214/919-3555
F: 214/945-4060
ATTORNEYS FOR DEFENDANT
TOWN EAST HEATING & AIR
CONDITIONING CO., INC.
DEFENDANT TOWN EAST’S MOTION TO STRIKE EXPERTS FOR LATE DESIGNATION 2
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing document was served upon
the following counsel of record on this 15th day of November, 2023, pursuant to the Texas Rules
of Civil Procedure 21 and 21a.
/s/ David M. Kennedy
David M. Kennedy
DEFENDANT TOWN EAST’S MOTION TO STRIKE EXPERTS FOR LATE DESIGNATION 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.
Liz Jobes on behalf of David Kennedy
Bar No. 11284400
liz@saunderswalsh.com
Envelope ID: 81665423
Filing Code Description: Motion - Strike
Filing Description:
Status as of 11/15/2023 1:01 PM CST
Associated Case Party: JOSHUA BROWN
Name BarNumber Email TimestampSubmitted Status
Grant Liser gliser@namanhowell.com 11/15/2023 12:15:39 PM SENT
Sandra Liser sliser@namanhowell.com 11/15/2023 12:15:39 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Adewale WaleOdetunde Adewale.Odetunde@witheritelaw.com 11/15/2023 12:15:39 PM SENT
Shelly Tomlin Greco 24008168 shelly@greco.net 11/15/2023 12:15:39 PM SENT
Francine Ly fly@dallascourts.org 11/15/2023 12:15:39 PM SENT
Associated Case Party: TOWN EAST HEATING & AIR CONDITION CO, LLC
Name BarNumber Email TimestampSubmitted Status
David Kennedy david@saunderswalsh.com 11/15/2023 12:15:39 PM SENT
Liz Jobes liz@saunderswalsh.com 11/15/2023 12:15:39 PM SENT
Document Filed Date
November 28, 2023
Case Filing Date
March 12, 2021
Category
MOTOR VEHICLE ACCIDENT
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FILED 11/15/202312:15 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Debra Clark DEPUTY CAUSE NO. DC-21-03224 SHAN TE WATSON, § IN THE DISTRICT COURT Plaintiff § § § v. § 134TH JUDICIAL DISTRICT § JOSHUA BROWN and TOWN EAST § HEATING & AIR CONDITIONING CO., § INC. § Defendants § DALLAS COUNTY, TEXAS DEFENDANT TOWN EAST’S MOTION TO STRIKE EXPERTS FOR LATE DESIGNATION COMES NOW Defendant Town East Heating & Air Conditioning, Inc., and moves this Court to strike Plaintiffs late-designated experts, and in support shows: 1. Plaintiff filed this lawsuit on March 12, 2021 as a Level 3 case. The Court entered a Uniform Scheduling Order that set Plaintiff’s expert designation deadline of November 8, 2021 if with a report, and November 19, 2021 without a report. 2. On March 30, 2022, this Court entered an Agreed Level 3 Scheduling Order that extended certain deadlines, but not the deadline for experts. In fact, the parties agreed on the expert designation deadline to read: “This is not extended and has passed.” 3. The Court has continued the trial setting in this matter, but has not extended the date for expert disclosures. OBJECTION TO EXPERTS RELATED TO AMEN CLINICS 4. Defendants were served with Plaintiff’ s Seventh Supplemental Disclosures on or about November 3, 2023, just short of two years after the deadline by which Plaintiff had to designate experts. Plaintiff provide billing and medical records from Amen Clinics. Further designation in the disclosure was the following: DEFENDANT TOWN EAST’S MOTION TO STRIKE EXPERTS FOR LATE DESIGNATION l Amen Clinics, employees, agents, independent contractors, healthcare providers, and/or custodians of medical and billing records including, but not limited to: Daniel Amen, MD Cherri Penne-Myers, PA 5 901-C Peachtree Dunwoody Rd., #65 Atlanta, GA 30328 (678) 367-2810 5. These designations are late and should be stricken. Plaintiff’s designation was served 725 days after the expert designation deadline. There is no basis for requiring Defendants to incur the additional expense and time in response to Plaintiff ‘s creation of experts this late after the first trial setting. Additionally, although done under the guise of a referral from another LOP expert, the designations are simply a production of reports and a, ‘Here, deal with it’ approach to designation. This is an abuse of discovery and Defendant is entitled to protection. WHEREFORE, Defendant Town East Heating & Air Conditioning, Inc. requests that upon hearing of this motion and any response thereto, the Court grant the motion and all other and further relief to which Defendant may show itself justly entitled. Respectfully submitted, /s/ David M. Kennedy David M. Kennedy State Bar No. 11284400 E: david@saunderswalsh.com SAUNDERS, WALSH & BEARD Craig Ranch Professional Plaza 6850 TPC Drive, Ste 210 McKinney, Texas 75070 P: 214/919-3555 F: 214/945-4060 ATTORNEYS FOR DEFENDANT TOWN EAST HEATING & AIR CONDITIONING CO., INC. DEFENDANT TOWN EAST’S MOTION TO STRIKE EXPERTS FOR LATE DESIGNATION 2 CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing document was served upon the following counsel of record on this 15th day of November, 2023, pursuant to the Texas Rules of Civil Procedure 21 and 21a. /s/ David M. Kennedy David M. Kennedy DEFENDANT TOWN EAST’S MOTION TO STRIKE EXPERTS FOR LATE DESIGNATION 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. Liz Jobes on behalf of David Kennedy Bar No. 11284400 liz@saunderswalsh.com Envelope ID: 81665423 Filing Code Description: Motion - Strike Filing Description: Status as of 11/15/2023 1:01 PM CST Associated Case Party: JOSHUA BROWN Name BarNumber Email TimestampSubmitted Status Grant Liser gliser@namanhowell.com 11/15/2023 12:15:39 PM SENT Sandra Liser sliser@namanhowell.com 11/15/2023 12:15:39 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Adewale WaleOdetunde Adewale.Odetunde@witheritelaw.com 11/15/2023 12:15:39 PM SENT Shelly Tomlin Greco 24008168 shelly@greco.net 11/15/2023 12:15:39 PM SENT Francine Ly fly@dallascourts.org 11/15/2023 12:15:39 PM SENT Associated Case Party: TOWN EAST HEATING & AIR CONDITION CO, LLC Name BarNumber Email TimestampSubmitted Status David Kennedy david@saunderswalsh.com 11/15/2023 12:15:39 PM SENT Liz Jobes liz@saunderswalsh.com 11/15/2023 12:15:39 PM SENT