Preview
FILED
1/8/2024 10:34 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Jenifer Trujillo DEPUTY
CAUSE NO. DC-23-02564
HELEN OLETA, INDIVIDUALLY AND § IN THE DISTRICT COURT
ON BEHALF OF THE ESTATE OF §
ROBERT MIRES, §
§
Plaintiff, §
§ OF DALLAS COUNTY
v. §
§
TOWN HALL ESTATES – KEENE, §
INC; AMERICAN RELIGIOUS TOWN §
HALL MEETING, INC., §
§
Defendants § 134TH JUDICIAL DISTRICT
JOINT MOTION FOR CONTINUANCE AND FOR
ENTRY OF AMENDED SCHEDULING ORDER
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW, Plaintiff Helen Oleta, Individually and on Behalf of the Estate of Robert
Mires (“Plaintiff”) and Defendants Town Hall Estates – Keene, Inc. and American Religious
Town Hall Meeting, Inc. (collectively “Defendants”), and file their Joint Motion for Continuance
and for Entry of Amended Scheduling Order, and in support thereof, would respectfully show the
Court as follows:
I.
BACKGROUND
Plaintiff asserts that Ms. Mires was a resident of Town Hall Estates – Keene, Inc. from
September 20, 2021 through October 7, 2021. The facility at issue is a skilled nursing facility.
Plaintiff filed her Original Petition on February 24, 2023. Plaintiff seeks recovery for medical
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expenses, funeral expenses, pain and suffering and mental anguish. Defendants filed their
Original Answer on April 7, 2023.
This action is governed by the Texas Medical Liability Act (the “TMLA”), which
requires claimants to file an expert report in support of medical malpractice claims. 1 Plaintiff’s
Chapter 74 report of Christopher Davey, M.D. (“Dr. Davey”) was served with Plaintiff’s
Original Petition.2 On April 28, 2023, Defendants objected to Plaintiff’s report and curriculum
vitae asserting that Dr. Davey’s report does not adequately address causation. 3 Defendants then
filed their Chapter 74 Motion to Dismiss on August 8, 2023. 4
The Court heard Defendants’ Objections and Motion to Dismiss on November 7, 2023.
The Court has not ruled on Defendants’ Objections and Motion to Dismiss at this time. Pursuant
to Section 74.351(s) of the Texas Civil Practice & Remedies Code, discovery is stayed until the
Court rules on the Objections and Motion to Dismiss.
II.
TRIAL SHOULD BE CONTINUED AND
AMENDED SCHEDULING ORDER SHOULD BE ENTERED
This case is currently set for trial on May 6, 2024. After the Court rules on Defendants’
Objections and Motion to Dismiss, the parties will conduct written discovery. After the parties
conduct written discovery, depositions will be taken. Based on the stay of discovery, additional
time is required to complete discovery, designate experts, attend mediation, file pre-trial motions
and prepare for trial.
1
See TEX. CIV. PRAC. & REM. CODE § 74.000 et seq.
2
See Plaintiff’s Original Petition with attached report of Dr. Davey, filed on February 24, 2023.
3
See Defendants’ Objections to Plaintiff’s Chapter 74 Expert Report filed on April 28, 2023.
4
See Defendants’ Chapter 74 Motion to Dismiss filed on August 8, 2023.
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Further, Defendants requires additional time to obtain and evaluate records from Robert
Mires’ medical providers. After Defendants obtains Mr. Mires’ medical records, those records
will be reviewed by experts.
III.
RELIEF REQUESTED
The parties request that the Court continue the current trial setting of May 6, 2024 and
reset the trial for January 27, 2025. The parties also request that the Court enter the proposed
Amended Scheduling Order submitted with this Motion, setting new pre-trial deadlines in
advance of the January 27, 2025 trial setting. This continuance is not sought for the purpose of
delay, but so that justice may be done.
WHEREFORE, PREMISES CONSIDERED, for the foregoing reasons, the parties
respectfully request that the Court grant this motion as outlined above, and for such other and
further relief, both at law and in equity, to which they may be justly entitled.
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Respectfully submitted,
SMITH CLINESMITH LLP
By: /s/ Jacob Runyon w/ permission J. LeBlanc
Curtis Clinesmith
State Bar No. 24003401
clinesmith@fightingelderabuse.com
Jacob Runyon
State Bar No. 24083771
jacob@fightingelderabuse.com
325 N. St. Paul, Ste. 2900
Dallas, TX 75201
972.677.7764 (Telephone)
972.390.0031 (Facsimile)
ATTORNEYS FOR PLAINTIFF
and
MACDONALD DEVIN MADDEN
KENEFICK & HARRIS, P.C.
By: /s/ Jennifer D. LeBlanc
David M. Macdonald
State Bar No. 12755300
dmacdonald@macdonalddevin.com
Jennifer D. LeBlanc
State Bar No. 24071830
jleblanc@macdonalddevin.com
12770 Coit Road, Suite 1100
Dallas, TX 75251
214.744.3300 (Telephone)
214.747.0942 (Facsimile)
ATTORNEYS FOR DEFENDANTS
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3168834 2308.75
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument was forwarded to
all counsel of record pursuant to the Texas Rules of Civil Procedure on this 8th day of January,
2024.
/s/ Jennifer D. LeBlanc
Jennifer D. LeBlanc
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3168834 2308.75
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.
Karen Morgan on behalf of Jennifer LeBlanc
Bar No. 24002473
kmorgan@macdonalddevin.com
Envelope ID: 83167893
Filing Code Description: Motion - Continuance
Filing Description: JOINT & ENTRY OF AMENDED SCHEDULING
ORDER
Status as of 1/9/2024 8:44 AM CST
Associated Case Party: TOWN HALL ESTATES-KEENE, INC
Name BarNumber Email TimestampSubmitted Status
Jennifer DLeBlanc jleblanc@macdonalddevin.com 1/8/2024 10:34:58 AM SENT
David MMacdonald dmacdonald@macdonalddevin.com 1/8/2024 10:34:58 AM SENT
Jessica Roberts jroberts@macdonalddevin.com 1/8/2024 10:34:58 AM SENT
Teresa Biederman tbiederman@macdonalddevin.com 1/8/2024 10:34:58 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Francine Ly fly@dallascourts.org 1/8/2024 10:34:58 AM SENT
Maria Martinez maria@fightingelderabuse.com 1/8/2024 10:34:58 AM SENT
Service Clinesmith clinesmith@fightingelderabuse.com 1/8/2024 10:34:58 AM SENT
Jacob Runyon jacob@fightingelderabuse.com 1/8/2024 10:34:58 AM SENT
Karen Morgan kmorgan@macdonalddevin.com 1/8/2024 10:34:58 AM SENT
Laura Cook lcook@fightingelderabuse.com 1/8/2024 10:34:58 AM SENT
Demarcus Powell dpowell@fightingelderabuse.com 1/8/2024 10:34:58 AM SENT
Associated Case Party: HELEN OLETA, INDIVIDUALLY, AND ON BEHALF OF THE
ESTATE OF ROBERT MIRES
Name BarNumber Email TimestampSubmitted Status
CURTIS CLINESMITH clinesmith@clinesmithfirm.com 1/8/2024 10:34:58 AM ERROR
Preview
FILED 1/8/2024 10:34 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Jenifer Trujillo DEPUTY CAUSE NO. DC-23-02564 HELEN OLETA, INDIVIDUALLY AND § IN THE DISTRICT COURT ON BEHALF OF THE ESTATE OF § ROBERT MIRES, § § Plaintiff, § § OF DALLAS COUNTY v. § § TOWN HALL ESTATES – KEENE, § INC; AMERICAN RELIGIOUS TOWN § HALL MEETING, INC., § § Defendants § 134TH JUDICIAL DISTRICT JOINT MOTION FOR CONTINUANCE AND FOR ENTRY OF AMENDED SCHEDULING ORDER TO THE HONORABLE JUDGE OF SAID COURT: COME NOW, Plaintiff Helen Oleta, Individually and on Behalf of the Estate of Robert Mires (“Plaintiff”) and Defendants Town Hall Estates – Keene, Inc. and American Religious Town Hall Meeting, Inc. (collectively “Defendants”), and file their Joint Motion for Continuance and for Entry of Amended Scheduling Order, and in support thereof, would respectfully show the Court as follows: I. BACKGROUND Plaintiff asserts that Ms. Mires was a resident of Town Hall Estates – Keene, Inc. from September 20, 2021 through October 7, 2021. The facility at issue is a skilled nursing facility. Plaintiff filed her Original Petition on February 24, 2023. Plaintiff seeks recovery for medical -1- 3168834 2308.75 expenses, funeral expenses, pain and suffering and mental anguish. Defendants filed their Original Answer on April 7, 2023. This action is governed by the Texas Medical Liability Act (the “TMLA”), which requires claimants to file an expert report in support of medical malpractice claims. 1 Plaintiff’s Chapter 74 report of Christopher Davey, M.D. (“Dr. Davey”) was served with Plaintiff’s Original Petition.2 On April 28, 2023, Defendants objected to Plaintiff’s report and curriculum vitae asserting that Dr. Davey’s report does not adequately address causation. 3 Defendants then filed their Chapter 74 Motion to Dismiss on August 8, 2023. 4 The Court heard Defendants’ Objections and Motion to Dismiss on November 7, 2023. The Court has not ruled on Defendants’ Objections and Motion to Dismiss at this time. Pursuant to Section 74.351(s) of the Texas Civil Practice & Remedies Code, discovery is stayed until the Court rules on the Objections and Motion to Dismiss. II. TRIAL SHOULD BE CONTINUED AND AMENDED SCHEDULING ORDER SHOULD BE ENTERED This case is currently set for trial on May 6, 2024. After the Court rules on Defendants’ Objections and Motion to Dismiss, the parties will conduct written discovery. After the parties conduct written discovery, depositions will be taken. Based on the stay of discovery, additional time is required to complete discovery, designate experts, attend mediation, file pre-trial motions and prepare for trial. 1 See TEX. CIV. PRAC. & REM. CODE § 74.000 et seq. 2 See Plaintiff’s Original Petition with attached report of Dr. Davey, filed on February 24, 2023. 3 See Defendants’ Objections to Plaintiff’s Chapter 74 Expert Report filed on April 28, 2023. 4 See Defendants’ Chapter 74 Motion to Dismiss filed on August 8, 2023. -2- 3168834 2308.75 Further, Defendants requires additional time to obtain and evaluate records from Robert Mires’ medical providers. After Defendants obtains Mr. Mires’ medical records, those records will be reviewed by experts. III. RELIEF REQUESTED The parties request that the Court continue the current trial setting of May 6, 2024 and reset the trial for January 27, 2025. The parties also request that the Court enter the proposed Amended Scheduling Order submitted with this Motion, setting new pre-trial deadlines in advance of the January 27, 2025 trial setting. This continuance is not sought for the purpose of delay, but so that justice may be done. WHEREFORE, PREMISES CONSIDERED, for the foregoing reasons, the parties respectfully request that the Court grant this motion as outlined above, and for such other and further relief, both at law and in equity, to which they may be justly entitled. -3- 3168834 2308.75 Respectfully submitted, SMITH CLINESMITH LLP By: /s/ Jacob Runyon w/ permission J. LeBlanc Curtis Clinesmith State Bar No. 24003401 clinesmith@fightingelderabuse.com Jacob Runyon State Bar No. 24083771 jacob@fightingelderabuse.com 325 N. St. Paul, Ste. 2900 Dallas, TX 75201 972.677.7764 (Telephone) 972.390.0031 (Facsimile) ATTORNEYS FOR PLAINTIFF and MACDONALD DEVIN MADDEN KENEFICK & HARRIS, P.C. By: /s/ Jennifer D. LeBlanc David M. Macdonald State Bar No. 12755300 dmacdonald@macdonalddevin.com Jennifer D. LeBlanc State Bar No. 24071830 jleblanc@macdonalddevin.com 12770 Coit Road, Suite 1100 Dallas, TX 75251 214.744.3300 (Telephone) 214.747.0942 (Facsimile) ATTORNEYS FOR DEFENDANTS -4- 3168834 2308.75 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing instrument was forwarded to all counsel of record pursuant to the Texas Rules of Civil Procedure on this 8th day of January, 2024. /s/ Jennifer D. LeBlanc Jennifer D. LeBlanc -5- 3168834 2308.75 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. Karen Morgan on behalf of Jennifer LeBlanc Bar No. 24002473 kmorgan@macdonalddevin.com Envelope ID: 83167893 Filing Code Description: Motion - Continuance Filing Description: JOINT & ENTRY OF AMENDED SCHEDULING ORDER Status as of 1/9/2024 8:44 AM CST Associated Case Party: TOWN HALL ESTATES-KEENE, INC Name BarNumber Email TimestampSubmitted Status Jennifer DLeBlanc jleblanc@macdonalddevin.com 1/8/2024 10:34:58 AM SENT David MMacdonald dmacdonald@macdonalddevin.com 1/8/2024 10:34:58 AM SENT Jessica Roberts jroberts@macdonalddevin.com 1/8/2024 10:34:58 AM SENT Teresa Biederman tbiederman@macdonalddevin.com 1/8/2024 10:34:58 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Francine Ly fly@dallascourts.org 1/8/2024 10:34:58 AM SENT Maria Martinez maria@fightingelderabuse.com 1/8/2024 10:34:58 AM SENT Service Clinesmith clinesmith@fightingelderabuse.com 1/8/2024 10:34:58 AM SENT Jacob Runyon jacob@fightingelderabuse.com 1/8/2024 10:34:58 AM SENT Karen Morgan kmorgan@macdonalddevin.com 1/8/2024 10:34:58 AM SENT Laura Cook lcook@fightingelderabuse.com 1/8/2024 10:34:58 AM SENT Demarcus Powell dpowell@fightingelderabuse.com 1/8/2024 10:34:58 AM SENT Associated Case Party: HELEN OLETA, INDIVIDUALLY, AND ON BEHALF OF THE ESTATE OF ROBERT MIRES Name BarNumber Email TimestampSubmitted Status CURTIS CLINESMITH clinesmith@clinesmithfirm.com 1/8/2024 10:34:58 AM ERROR