Preview
Filed: 6/18/2019 4:16 PM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 34465929
By: Shailja Dixit
CAUSE NO. 17-CV-1506 6/18/2019 4:18 PM
ALLEN AND JOY SOAPE § IN THE DISTRICT COURT OF
§
§
v. §
§ GALVESTON COUNTY, T E X A S
DSW HOMES, LLC, AAK ELECTRIC, §
LLC, and DALE’S WATER WELLS, LLC § 405th JUDICIAL DISTRICT
DSW HOMES, LLC’S RESPONSE TO PLAINTIFF’S
MOTION TO DESIGNATE A SUPPLEMENTAL EXPERT WITNESS
TO THE HONORABLE JUDGE OF SAID COURT:
Defendant DSW Homes, LLC (DSW) files this its response to Plaintiff’s Motion for Leave
to Designate A Supplemental Expert Witness and would show their Court as follows:
I. FACTUAL SUMMARY
This is a complex personal injury case. The Plaintiffs claim that on or about September
21, 2016, Plaintiff Allen Soape was digging in his flower beds when his shovel struck an
underground electrical cable, buried approximately 3-5 inches below ground, running from the
house to the water well pump. They further claim that the resulting 220-volt shock rendered Mr.
Soape unconscious. Allegedly as a result of the electrical shock Mr. Soape suffered significant
and permanent injuries including nerve damage in both legs, atrial fibrillation, uncontrolled blood
pressure, syncope, and memory loss. They also claim that he can no longer work on his farm to
supplement his retirement income.
Plaintiffs filed their Original Petition on December 15, 2017 against DSW Homes, LLC
(“DSW”), AAK Electric, LLC (“AAK”), and Dale’s Water Wells, LLC (“Dale’s). On March 27,
2018 Plaintiffs non-suited Dale’s from this litigation based upon an affidavit provided to Dale’s
from Mr. Soape before the litigation was filed. By subsequent petition, Dale’s was brought back
into the litigation.
II. TIMELINE OF PERTINENT EVENTS
1) In April 2018, this Court entered an Original Docket Control Order setting the case for trial
in February 2019. The Original Docket Control Order set dates for Expert Designations as
follows:
Experts for Plaintiff: June 15, 2018
Experts for All Other Parties: August 15, 2018 1
2) The parties in this litigation by Rule 11 agreement, extended the above deadlines, and DSW
filed their Second Amended Responses to Requests for Disclosure and Expert Designation
on September 14, 2018.2 In this expert designation, DSW disclosed their corporate
representatives and the topics each would testify to at the time of trial. 3
3) On November 19, 2018 the parties appeared before the Court and entered into a new Docket
Control Order. As Part of this Amended Docket Control Order, the parties were to
designate experts as follows:
Experts for Plaintiff: March 18, 2019
Experts for All Other Parties: April 17, 20194
4) On April 17, 2019 DSW filed their Third Amended Responses to Requests for Disclosure
and Amended Expert Designation. 5 In this expert designation, DSW disclosed their
corporate representatives and the topics each would testify to at the time of trial, which was
identical to its September 14, 2018 designation, with one exception.6 The only “additional”
1
See Exhibit A
2
See Exhibit B
3
See Exhibit B
4
See Exhibit C
5
See Exhibit D
6
See Exhibit B
2
corporate representative named in this designation was to Cindy Schooling, who was
deposed on by Plaintiffs on December 11, 2018. Importantly, Ms. Schooling’s opinions in
this designation are limited and essentially identical to those of Ms. Toler, who was
disclosed in September 2018.
5) On April 10, 2019 DSW and AAK Electric, LCC filed a Motion for Continuance and For
Entry of an Amended Docket Control Order. 7
6) On April 22, 2019, Plaintiff filed their Response to Defendants’ Motion for Continuance. 8
As part of their response, Plaintiffs specifically argued against entry of new dates for expert
designations.9
7) On April 24, 2019 the parties appeared before the Court and a new Docket Control Order
was Entered. Per the Plaintiff’s request, the new Docket Control Order (agreed upon by
Plaintiff’s counsel less than a month before Plaintiff filed their motion) specifically marked
N/A for designations deadlines for the parties. 10
8) On May 17, 2019 Plaintiffs filed their Motion for Leave, which should be denied in its
entirety at this time.
III. ARGUMENT
A) The Discovery and Docket Control Order Controls Expert Designations
9) Plaintiffs have requested leave from the Court to designate a previously undisclosed expert
witness. This is untimely request for leave for this expert designation should be denied in
its entirety.
7
See pleading on file with the Court.
8
See Exhibit E
9
See Exhibit E at Paragraph 12
10
See Exhibit F
3
10) Plaintiff argues that under Tex. R. Civ. Proc. 195.2(a) that they are timely designating this
expert. However, Tex. R. Civ. Proc. 195.2(a) specifically states that:
“Schedule for Designating Experts. Unless otherwise ordered by the
court, a party must designate …” (emphasis added).
11) The Court has clearly entered and then amended scheduling orders that control this case
and the applicable expert designation deadlines. The unequivocal deadline for Plaintiff to
Designate their experts, as stated on the November 19, 2018 Docket Control Order, was
March 18, 2019. This Docket Control Orders specifically states, “An expert not designated
prior to the ordered deadlines shall not be permitted to testify absent a showing of good
cause.”
12) The Amended Scheduling Order just entered by the Court about two months ago
specifically indicated that designation dates for experts were no longer applicable. This
was specifically requested by counsel for plaintiff in their response to the Motion for
Continuance where they argued that entering new dates for expert designations was
unmerited:
“12. Defendants also seek a completely new docket control order, ostensibly
resetting all deadlines by which all parties have been abiding. A new docket control
order is wholly unmerited as all parties have designated experts, pleadings and
motion deadlines currently exist, and the remaining necessary discovery has been
identified. Plaintiffs respectfully request that if a continuance is granted, that only
the discovery deadline and trial date be continued, leaving all other deadlines in
place.”11
The current docket control order also contains the language that “An expert not designated
prior to the ordered deadlines shall not be permitted to testify absent a showing of good cause.”
11
See Exhibit E at Paragraph 12
4
B) In addition, and alternatively, Plaintiff has failed to show good cause for the late
designation
13) Plaintiff has failed to show “good cause” for the late expert designation. The good-cause
exception only allows a trial judge to excuse a party's failure to comply with discovery
obligations in difficult or impossible circumstances. Harris Cnty. v. Inter Nos, Ltd., 199
S.W.3d 363, 367 (Tex.App.-Houston [1st Dist.] 2006, no pet.); see also Alvarado v. Farah
Mfg. Co., Inc., 830 S.W.2d 911, 914 (Tex.1992) (construing predecessor to Rule 193.6).
The following factors, standing alone, do not constitute good cause: the inadvertence of
counsel, lack of surprise, and the uniqueness of the excluded evidence. Alvarado, 830
S.W.2d at 915; Harris Cnty., 199 S.W.3d at 367.
14) Plaintiff has failed to show any difficult or impossible situations causing the failure to
designate a general contracting expert earlier. Plaintiff was well aware that DSW Homes
was the general contractor in this litigation. Additionally, the only reason Plaintiff gave
for their late designation is that DSW listed six different DSW employee non-retained
experts witnesses to speak on various aspects of the role of DSW as a general contractor
on April 17, 2019. However, the April 17, 2019 disclosure by DSW is nearly identical to
the Expert Designation of DSW on September 14, 2018 – when DSW designated 5 of the
same employees as non-retained experts.12 The only addition to the designation on April
17, 2019 designation was Cindy Schooling – who was deposed in this case in December,
2018 – months before Plaintiff’s Expert Designation Deadline.13 Clearly, the plaintiffs
have failed to show good cause and/or any cause for the late designation and it should be
denied at this time.
12
See Exhibits B and D.
13
See Exhibits B and D
5
C) Alternatively, DSW will be prejudice by the late designation
15) It appears that Plaintiff is arguing that their very late Designation should be allowed
because DSW will not be unfairly prejudiced by this new evidence. However, this excuse
is not allowed under the applicable DCO which states that “good cause” must be shown.
To determine if a party will be prejudiced the Court will focus on whether the evidence
will cause unfair surprise or prejudice, and not on whether the “issue” to which the evidence
is directed will unfairly surprise or prejudice the other parties. See Lopez v. La Madeleine
of Tex., Inc., 200 S.W.3d 854, 862 (Tex.App.-Dallas 2006, no pet.). The fact that a party
needs an expert to establish its cause of action does not establish that other parties will not
be unfairly surprised by the late designation of an expert. Ersek v. Davis & Davis, P.C., 69
S.W.3d 268, 272 (Tex.App.-Austin 2002, pet. denied). Offering other parties an
opportunity to depose a late-designated expert also does not ensure the absence of unfair
surprise or prejudice. Id. If Plaintiff is granted this extension of time to file a late
designation, Defendant will be unfairly surprised and prejudiced by this very late expert
designation.
IV) CONCLUSION
WHEREFORE, PREMISES CONSIDERED, Defendant, DSW Homes, LLC, respectfully
request that this Court DENY Plaintiffs’ for Leave to Designate Supplemental Expert Witness.
6
Respectfully submitted,
SHEEHY, WARE & PAPPAS, P.C.
By:
GEORGE P. PAPPAS
SBN 15454800
gpappas@sheehyware.com
JENNIFER D. CULLY
SBN 24030026
jcully@sheehyware.com
909 Fannin Street, Suite 2500
Houston, Texas 77010-1003
Telephone: (713) 951-1000
Facsimile: (713) 951-1199
ATTORNEYS FOR DEFENDANT
DSW HOMES, LLC
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and foregoing instrument has
been forwarded to all counsel of record in accordance with the Texas Rules of Civil Procedure on
June 18, 2019.
Joshua N. Bowlin Linda Johnson White
Nathaniel J. Alford, III ALLEN, KILLGORE & WHITE, P.C.
WALSTON BOWLIN, LLP 2323 South Voss Road, Suite 230
4299 San Felipe Street, Suite 300 Houston, Texas 77057
Houston, TX 77027 -AND-
-AND- Robbie A. Moehlmann
Kurt Arnold Mike Prather
J. Kyle Findley Natasha Bahri
ARNOLD & ITKIN, LLP WALKER WILCOX MATOUSEK LLP
6009 Memorial Drive 1001 McKinney Street, Suite 2000
Houston, TX 77007 Houston, Texas 77002
Marshall G. Rosenberg
Kevin B. Tompkins
Hartline, Dacus, Barger, Dreyer LLP
1980 Post Oak Blvd, Suite 1800
Houston, Texas 77056
_____________________________
George P. Pappas
3494860
7
EXHIBIT A
Filed: 9/14/2018 4:42 PM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 27541770
By: Shailja Dixit
9/14/2018 4:45 PM
NO. 17-CV-1506
ALLEN and JOY SOAPE § IN THE DISTRICT COURT OF
§
v. § GALVESTON COUNTY, TEXAS
§
DSW HOMES, LLC; AAA ELECTRIC, §
LLC; and DALE’S WATER WELLS, LLC § 405th JUDICIAL DISTRICT
DEFENDANT DSW HOMES, LLC’S SECOND AMENDED RESPONSES TO ALL
PARTIES REQUESTS FOR DISCLOSURE
AND EXPERT DESIGNATION
TO: All Counsel of Record.
Defendant DSW HOMES, LLC serves these Second Amended Responses to all Parties
Requests for Disclosure and Expert Designation.
Respectfully submitted,
SHEEHY, WARE & PAPPAS, P.C.
By:
GEORGE P. PAPPAS
SBN 15454800
gpappas@sheehyware.com
JENNIFER D. CULLY
SBN 24030026
jcully@sheehyware.com
909 Fannin Street, Suite 2500
Houston, Texas 77010-1003
Telephone: (713) 951-1000
Facsimile: (713) 951-1199
ATTORNEYS FOR DEFENDANT
DSW HOMES, LLC
EXHIBIT B
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the above and foregoing document was
forwarded electronically on September 14, 2018 as follows:
Counsel for Plaintiffs: Counsel for Defendant, AAK Electric, LLC:
Joshua N. Bowlin Linda Johnson White
Nathaniel J. Alford, III ALLEN, KILLGORE & WHITE, P.C.
Walston Bowlin, LLP 2323 South Voss Road, Suite 230
920 Memorial City Way, Suite 425 Houston, Texas 77057
Houston, TX 77024 lwhite@allenkillgore.com
(713) 300-8700
josh@walstonbowlin.com
nate@walstonbowlin.com Robbie A. Moehlmann
Mike Prather
Counsel for Dale’s Water Wells Natasha Bahri
Marshall G. Rosenberg WALKER WILCOX MATOUSEK LLP
Kevin B. Tompkins 1001 McKinney Street, Suite 2000
1980 Post Oak Blvd., Ste. 1800 Houston, Texas 77002
Houston, Texas 77056 rmoehlmann@wwmlawyers.com
mrosenber@hdbdlaw.com mprather@wwmlawyers.com
ktompkins@hdbdlaw.com nbahri@wwmlawyers.com
GEORGE P. PAPPAS
3260381_1.docx
2
DEFENDANT, DSW HOMES, LLC’S RESPONSES TO PLAINTIFFS’ REQUEST FOR
DISCLOSURE
a. The correct names of the parties to the lawsuit;
RESPONSE:
Plaintiffs: Allen and Joy Soape
Defendant: DSW HOMES, LLC
Defendant: AAK Electric, LLC
Defendant: Dale’s Water Wells, LLC
b. The name, address and telephone number of any potential parties;
RESPONSE:
Dale’s Water Wells, LLC
c/o Marshall G. Rosenberg
Kevin B. Tompkins
1980 Post Oak Blvd., Suite 1800
Houston, Texas 77056
Telephone: 713-759-1990
Facsimile: 713-652-2419
mrosenberg@hdbdlaw.com
ktompkins@hdbdlaw.com
Barfield Home Inspections
125 Magnolia Drive
Orange, TX 77632
409-745-5016
c. The legal theories and, in general, the factual bases of the responding party’s claims or
defenses;
RESPONSE:
Defendant alleges that at the times and places and on the occasions in question, Plaintiffs
failed to exercise that degree of care which an ordinarily prudent person in the exercise of
ordinary care would have exercised under the same or similar circumstances, and such
failure proximately caused or contributed to cause the occurrence made the basis of this
suit.
3
Defendant alleges that the occurrence made the basis of this suit was caused in whole or
in part by third persons, including, but not limited to the other parties over whom
Defendant had no control and for whose acts and/or omissions it was not in fact nor in
law responsible.
Defendant would show that the negligent acts and/or omissions of Plaintiffs caused the
damages complained of in this lawsuit. Defendant pleads the doctrine of contributory
and comparative negligence.
Further answering herein, and in the alternative, Defendant states that the injuries and/or
illnesses and damages of the Plaintiffs, if any, were brought about as a result of an
unavoidable accident.
If Defendant is found liable for exemplary damages, those damages must be capped
under the Texas Damages Act, §§41.005, 41.007, 41.008, 41.010 and 41.012 of the Texas
Civil Practice and Remedies Code and the Due Process Clauses of the United States and
Texas Constitutions.
Further, to the extent Plaintiffs suffered from any pre-existing conditions at the time of
the alleged incident, Defendant is not responsible.
See also Defendant’s Original Answer(s) and any supplements/amendments thereto.
Discovery is ongoing and Defendant will supplement according to the Texas Rules of
Civil Procedure.
d. The amount and method of calculating economic damages;
RESPONSE: Defendant is not seeking economic damages at this time. Defendant
disputes all of the Plaintiff’s damages. Furthermore, the Plaintiffs’
recovery of medical expenses in this case, if any, is limited by TEXAS
CIVIL PRACTICE & REMEDIES CODE § 41.0105.
e. The name, address, and telephone number of persons having knowledge of relevant facts,
and a brief statement of each identified person’s connection with the case;
RESPONSE:
4
Joy and Allen Soape Plaintiffs
Joshua N. Bowlin
Nathaniel J. Alford, III
Walston Bowlin, LLP
920 Memorial City Way, Suite 425
Houston, TX 77024
(713) 300-8700
josh@walstonbowlin.com
nate@walstonbowlin.com
DSW Homes, LLC Defendant
-Curtis Clayton
-Steve Mataro
-Todd Cuell
-Donald Gerratt
-Maggie Toller
-Beau Yarbrough
c/o George Pappas
Jennifer Cully
Sheehy, Ware & Pappas, P.C.
909 Fannin, Suite 2500
Houston, Texas 77010
(713) 951-1000
AAK Electric, LLC Defendant
-Peter Lelsz
-William Salmeron
c/o Linda Johnson White
ALLEN, KILLGORE & WHITE, P.C.
2323 South Voss Road, Suite 230
Houston, Texas 77057
lwhite@allenkillgore.com
and
Robbie A. Moehlmann
Mike Prather
Natasha Bahri
WALKER WILCOX MATOUSEK LLP
1001 McKinney Street, Suite 2000
Houston, Texas 77002
(713) 654-8001 | (713) 343-6571 fax
Dale’s Water Wells, LLC Defendant
-Dale Gore
c/o Marshall G. Rosenberg
Kevin B. Tompkins
1980 Post Oak Blvd., Suite 1800
Houston, Texas 77056
Telephone: 713-759-1990
5
Facsimile: 713-652-2419
mrosenberg@hdbdlaw.com
ktompkins@hdbdlaw.com
3710 Swinney Road
Silsbee, TX 77656
409-679-7027
Barfield Home Inspections Responsible Third Party who performed home
James R. Barfield inspection
125 Magnolia Drive
Orange, TX 77632
409-745-5016
Todd Cuell Non-Retained employee expert for DSW
Production Manager Homes; See Designation below for
DSW Homes, LLC information regarding his opinions/expected
c/o George P. Pappas testimony.
Sheehy, Ware & Pappas
2500 Two Houston, Center
909 Fannin St.
Houston, Texas 77010
(713) 951-1000
Davis, Melissa Shields Plaintiff Joy Soape’s Daughter
273 Burrows Road
Huntington, TX 75949
DETCOG – Deep East Texas Council of Contract Administrator for the contract
Governments and their employees, agents & with DSW Homes for construction of
custodian of records including Plaintiffs’ home.
but not limited to:
Mr. Lonnie Hunt, Director
Envista Forensics Hired by Insurance Carrier to inspect
Frank Poag, PE, CFEI underground cable at home at issue.
1718 Fry Road, Suite 133
Houston, TX 77084
877-782-6391
Garrison, Susan J., MD Dr. Garrison is a board certified physical
3836 Ruskin medicine and rehabilitation physician;
Houston, Texas 77005 Retained Expert for Defendant; See her expert
(713) 665-4080 designation below and her deposition when/if
taken.
6
Donald Gerratt Non-Retained employee expert for DSW
COO Homes; See Designation below for
DSW Homes, LLC information regarding his opinions/expected
c/o George P. Pappas testimony.
Sheehy, Ware & Pappas
2500 Two Houston, Center
909 Fannin St.
Houston, Texas 77010
(713) 951-1000
Grillo, Mason Former Superintendent for DSW Homes,
4673 Washington Blvd LLC; Superintendent/Foreman for home at
Beaumont, TX 77703 issue; Person with knowledge of relevant
409-363-4543 facts; See information regarding his expected
testimony below; See also his deposition
when/if taken.
Hershkowitz, Leonard, MD Dr. Hershowitz is a board certified
Houston Neurology Associates neurologist; Retained Expert for Defendant;
7500 Beechnut, Suite 135 See his expert designation below and his
Houston, Texas 77074 deposition when/if taken.
Phone: (713)777-4122
Fax: (713)270-7533
Mataro, Steve Co-Owner of Defendant, DSW Homes,
DSW Homes, LLC LLC
c/o George Pappas
Jennifer Cully
Sheehy, Ware & Pappas, P.C.
909 Fannin, Suite 2500
Houston, Texas 77010
(713) 951-1000
Peterson, Jeffrey J. Plaintiff’s Retained Expert; Life Care Planner;
Jeff Peterson & Associates, LLC See his deposition when/if taken.
667 Post Oak Road
Sulphur, LA 70663
Podet, Ethan MD Dr. Podet is a board certified cardiologist;
Cardiology Associates Retained Expert for Defendant; See his expert
1315 St Joseph Pkwy Ste 1605 designation below and his deposition when/if
Houston, TX 77002 taken.
Phone: (713) 652-3025
Fax: (713) 652-9004
Spencer, Gerald Roy, P.E. Plaintiff’s Retained Expert; Engineer; See his
Spencer Engineers, Inc. deposition when/if taken.
4635 Southwest Freeway
Suite 900
Houston, Texas 77027-7139
7
Stegent, Ginny RN, CRRN, CDMS, CLCP Ms. Stegent is a life care planner and is a
Med-Legal Services, Inc. retained expert for Defendant. See her expert
506½ Heights Boulevard designation below and her deposition when/if
Houston, Texas 77002 taken.
(713) 726-1221
Texas Department of Licensing and Water Well Report sent to them by former co-
Regulation defendant.
Water Well Driller/Pump Installer Section
and their employees, Agents &
Custodian of Records.
PO Box 12157
Austin, TX 78711
512-463-7880
Texas Department of Licensing and Opened a complaint for by Plaintiffs against
Regulation and their employees, Agents AAK Electric related to this home
& Custodian of Records including but not
limited to:
-Gabriella Berger – Complaint Investigator
-Jerry L. Daniel – Chief Electrical
Inspector
-John Medlock - Prosecutor
Maggie Toller Non-Retained employee expert for DSW
Corporate Controller Homes; See Designation below for
DSW Homes, LLC information regarding her opinions/expected
c/o George P. Pappas testimony.
Sheehy, Ware & Pappas
2500 Two Houston, Center
909 Fannin St.
Houston, Texas 77010
(713) 951-1000
Beau Yarbrough Non-Retained employee expert for DSW
CFO Homes; See Designation below for
DSW Homes, LLC information regarding his opinions/expected
c/o George P. Pappas testimony.
Sheehy, Ware & Pappas
2500 Two Houston, Center
909 Fannin St.
Houston, Texas 77010
(713) 951-1000
8
Plaintiff’s treating physicians and/or medical providers may testify as to their diagnoses,
prognoses and medical conditions relating to Plaintiff’s alleged injuries as well as
reasonable and necessary medical treatment and charges. This will be supplemented
when the information is provided.
Name Address/Phone Number Brief Statement
Abeldt Gaslight Pharmacy and 200 Gaslight Blvd Pharmacy for Plaintiffs
its employees, agents, physicians, Lufkin, TX 75904
pharmacists, chiropractors, 936-639-2346
radiologists, nurses and custodian
of billing and medical records
Allegiance Ambulance East 196 Arrowhead Dr, Suite 7 Medical Provider for
Lufkin and its employees, agents, Evanston, WY 82930 Plaintiff, Allen Soape.
physicians, chiropractors, 307-783-8435
radiologists, nurses and custodian
of billing and medical records 1303 1st Street
including but not limited to: Lufkin, Texas 75901
(936) 699-2760
Amanda Burns – EMT
Erick Russell – EMT
William McLawhorn – EMT.
Allegiance Mobile Health and its PO Box 2775 Medical Provider for
employees, agents, physicians, Georgetown, TX 78627 Plaintiff, Allen Soape.
chiropractors, radiologists, nurses
and custodian of billing and
medical records
Angelina Diagnostic Radiology 1201 W Frank Ave Medical Provider for
and its employees, agents, Lufkin, TX 75904 Plaintiff, Allen Soape.
physicians, chiropractors,
radiologists, nurses and custodian
of billing and medical records
including but not limited to:
Dr. Harold R. Levine
Dr. Troy T. Coleman
Angelina Sleep Lab and its 206 Gaslight Boulevard Lufkin, Medical Provider for
employees, agents, physicians, TX 75904 Plaintiff, Allen Soape.
chiropractors, radiologists, nurses
and custodian of billing and
medical records
Angelina Surgical Associates and 302 Medical Park Dr #101 Medical Provider for
its employees, agents, physicians, Lufkin, TX 75904 Plaintiff, Allen Soape.
chiropractors, radiologists, nurses (936) 209-2766
and custodian of billing and
medical records
Baylor College of Medicine and One Baylor Plaza Medical Provider for
its employees, agents, physicians, Houston, TX 77030 Plaintiff, Allen Soape.
chiropractors, radiologists, nurses
and custodian of billing and
medical records including but not 6200 S. Main
9
Name Address/Phone Number Brief Statement
limited to: Houston TX 77030
713-798-1000
-Raymond Stainback, MD
-Abdi Rasekh, MD
-Basant Arya, MD
-Sonia Nhieu, MD
Baylor St. Lukes Medical Center 6720 Bertner Avenue, G-153 Medical Provider for
Medicine and its employees, Houston, TX 77030 Plaintiff, Allen Soape.
agents, physicians, chiropractors,
radiologists, nurses and custodian
of billing and medical records
Benitez, Marco A. MD and his 1318 S. John Redditt Dr, Medical Provider for
employees, agents, physicians, Ste C Plaintiff, Allen Soape.
chiropractors, radiologists, nurses Lufkin, TX 75904
and custodian of billing and
medical records
Blue Cross HMO and its PO Box 660044 Insurance provider for Joy
employees, agents, physicians, Dallas, TX 75266 Soape
chiropractors, radiologists, nurses
and custodian of billing and
medical records
Camino Real Emergency 1717 Highway 59 Loop North Medical Provider for
Physicians and its employees, Livingston, TX 77351 Plaintiff, Allen Soape.
agents, physicians, chiropractors,
radiologists, nurses and custodian
of billing and medical records
including but not limited to:
Dr. John W. Sanders
Dr. Ziad Abdo
Cardionet, LLC and its 1000 Cedar Hollow Road, Suite Medical Provider for
employees, agents, physicians, 102 Plaintiff, Allen Soape.
chiropractors, radiologists, nurses Malvern, PA 19355
and custodian of billing and 888.312.BEAT
medical records
Cherry, Mariyan MD and his 10 Medical Center Blvd Medical Provider for
employees, agents, physicians, Lufkin, TX 75904 Plaintiffs
chiropractors, radio
Preview
Filed: 6/18/2019 4:16 PM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 34465929 By: Shailja Dixit CAUSE NO. 17-CV-1506 6/18/2019 4:18 PM ALLEN AND JOY SOAPE § IN THE DISTRICT COURT OF § § v. § § GALVESTON COUNTY, T E X A S DSW HOMES, LLC, AAK ELECTRIC, § LLC, and DALE’S WATER WELLS, LLC § 405th JUDICIAL DISTRICT DSW HOMES, LLC’S RESPONSE TO PLAINTIFF’S MOTION TO DESIGNATE A SUPPLEMENTAL EXPERT WITNESS TO THE HONORABLE JUDGE OF SAID COURT: Defendant DSW Homes, LLC (DSW) files this its response to Plaintiff’s Motion for Leave to Designate A Supplemental Expert Witness and would show their Court as follows: I. FACTUAL SUMMARY This is a complex personal injury case. The Plaintiffs claim that on or about September 21, 2016, Plaintiff Allen Soape was digging in his flower beds when his shovel struck an underground electrical cable, buried approximately 3-5 inches below ground, running from the house to the water well pump. They further claim that the resulting 220-volt shock rendered Mr. Soape unconscious. Allegedly as a result of the electrical shock Mr. Soape suffered significant and permanent injuries including nerve damage in both legs, atrial fibrillation, uncontrolled blood pressure, syncope, and memory loss. They also claim that he can no longer work on his farm to supplement his retirement income. Plaintiffs filed their Original Petition on December 15, 2017 against DSW Homes, LLC (“DSW”), AAK Electric, LLC (“AAK”), and Dale’s Water Wells, LLC (“Dale’s). On March 27, 2018 Plaintiffs non-suited Dale’s from this litigation based upon an affidavit provided to Dale’s from Mr. Soape before the litigation was filed. By subsequent petition, Dale’s was brought back into the litigation. II. TIMELINE OF PERTINENT EVENTS 1) In April 2018, this Court entered an Original Docket Control Order setting the case for trial in February 2019. The Original Docket Control Order set dates for Expert Designations as follows: Experts for Plaintiff: June 15, 2018 Experts for All Other Parties: August 15, 2018 1 2) The parties in this litigation by Rule 11 agreement, extended the above deadlines, and DSW filed their Second Amended Responses to Requests for Disclosure and Expert Designation on September 14, 2018.2 In this expert designation, DSW disclosed their corporate representatives and the topics each would testify to at the time of trial. 3 3) On November 19, 2018 the parties appeared before the Court and entered into a new Docket Control Order. As Part of this Amended Docket Control Order, the parties were to designate experts as follows: Experts for Plaintiff: March 18, 2019 Experts for All Other Parties: April 17, 20194 4) On April 17, 2019 DSW filed their Third Amended Responses to Requests for Disclosure and Amended Expert Designation. 5 In this expert designation, DSW disclosed their corporate representatives and the topics each would testify to at the time of trial, which was identical to its September 14, 2018 designation, with one exception.6 The only “additional” 1 See Exhibit A 2 See Exhibit B 3 See Exhibit B 4 See Exhibit C 5 See Exhibit D 6 See Exhibit B 2 corporate representative named in this designation was to Cindy Schooling, who was deposed on by Plaintiffs on December 11, 2018. Importantly, Ms. Schooling’s opinions in this designation are limited and essentially identical to those of Ms. Toler, who was disclosed in September 2018. 5) On April 10, 2019 DSW and AAK Electric, LCC filed a Motion for Continuance and For Entry of an Amended Docket Control Order. 7 6) On April 22, 2019, Plaintiff filed their Response to Defendants’ Motion for Continuance. 8 As part of their response, Plaintiffs specifically argued against entry of new dates for expert designations.9 7) On April 24, 2019 the parties appeared before the Court and a new Docket Control Order was Entered. Per the Plaintiff’s request, the new Docket Control Order (agreed upon by Plaintiff’s counsel less than a month before Plaintiff filed their motion) specifically marked N/A for designations deadlines for the parties. 10 8) On May 17, 2019 Plaintiffs filed their Motion for Leave, which should be denied in its entirety at this time. III. ARGUMENT A) The Discovery and Docket Control Order Controls Expert Designations 9) Plaintiffs have requested leave from the Court to designate a previously undisclosed expert witness. This is untimely request for leave for this expert designation should be denied in its entirety. 7 See pleading on file with the Court. 8 See Exhibit E 9 See Exhibit E at Paragraph 12 10 See Exhibit F 3 10) Plaintiff argues that under Tex. R. Civ. Proc. 195.2(a) that they are timely designating this expert. However, Tex. R. Civ. Proc. 195.2(a) specifically states that: “Schedule for Designating Experts. Unless otherwise ordered by the court, a party must designate …” (emphasis added). 11) The Court has clearly entered and then amended scheduling orders that control this case and the applicable expert designation deadlines. The unequivocal deadline for Plaintiff to Designate their experts, as stated on the November 19, 2018 Docket Control Order, was March 18, 2019. This Docket Control Orders specifically states, “An expert not designated prior to the ordered deadlines shall not be permitted to testify absent a showing of good cause.” 12) The Amended Scheduling Order just entered by the Court about two months ago specifically indicated that designation dates for experts were no longer applicable. This was specifically requested by counsel for plaintiff in their response to the Motion for Continuance where they argued that entering new dates for expert designations was unmerited: “12. Defendants also seek a completely new docket control order, ostensibly resetting all deadlines by which all parties have been abiding. A new docket control order is wholly unmerited as all parties have designated experts, pleadings and motion deadlines currently exist, and the remaining necessary discovery has been identified. Plaintiffs respectfully request that if a continuance is granted, that only the discovery deadline and trial date be continued, leaving all other deadlines in place.”11 The current docket control order also contains the language that “An expert not designated prior to the ordered deadlines shall not be permitted to testify absent a showing of good cause.” 11 See Exhibit E at Paragraph 12 4 B) In addition, and alternatively, Plaintiff has failed to show good cause for the late designation 13) Plaintiff has failed to show “good cause” for the late expert designation. The good-cause exception only allows a trial judge to excuse a party's failure to comply with discovery obligations in difficult or impossible circumstances. Harris Cnty. v. Inter Nos, Ltd., 199 S.W.3d 363, 367 (Tex.App.-Houston [1st Dist.] 2006, no pet.); see also Alvarado v. Farah Mfg. Co., Inc., 830 S.W.2d 911, 914 (Tex.1992) (construing predecessor to Rule 193.6). The following factors, standing alone, do not constitute good cause: the inadvertence of counsel, lack of surprise, and the uniqueness of the excluded evidence. Alvarado, 830 S.W.2d at 915; Harris Cnty., 199 S.W.3d at 367. 14) Plaintiff has failed to show any difficult or impossible situations causing the failure to designate a general contracting expert earlier. Plaintiff was well aware that DSW Homes was the general contractor in this litigation. Additionally, the only reason Plaintiff gave for their late designation is that DSW listed six different DSW employee non-retained experts witnesses to speak on various aspects of the role of DSW as a general contractor on April 17, 2019. However, the April 17, 2019 disclosure by DSW is nearly identical to the Expert Designation of DSW on September 14, 2018 – when DSW designated 5 of the same employees as non-retained experts.12 The only addition to the designation on April 17, 2019 designation was Cindy Schooling – who was deposed in this case in December, 2018 – months before Plaintiff’s Expert Designation Deadline.13 Clearly, the plaintiffs have failed to show good cause and/or any cause for the late designation and it should be denied at this time. 12 See Exhibits B and D. 13 See Exhibits B and D 5 C) Alternatively, DSW will be prejudice by the late designation 15) It appears that Plaintiff is arguing that their very late Designation should be allowed because DSW will not be unfairly prejudiced by this new evidence. However, this excuse is not allowed under the applicable DCO which states that “good cause” must be shown. To determine if a party will be prejudiced the Court will focus on whether the evidence will cause unfair surprise or prejudice, and not on whether the “issue” to which the evidence is directed will unfairly surprise or prejudice the other parties. See Lopez v. La Madeleine of Tex., Inc., 200 S.W.3d 854, 862 (Tex.App.-Dallas 2006, no pet.). The fact that a party needs an expert to establish its cause of action does not establish that other parties will not be unfairly surprised by the late designation of an expert. Ersek v. Davis & Davis, P.C., 69 S.W.3d 268, 272 (Tex.App.-Austin 2002, pet. denied). Offering other parties an opportunity to depose a late-designated expert also does not ensure the absence of unfair surprise or prejudice. Id. If Plaintiff is granted this extension of time to file a late designation, Defendant will be unfairly surprised and prejudiced by this very late expert designation. IV) CONCLUSION WHEREFORE, PREMISES CONSIDERED, Defendant, DSW Homes, LLC, respectfully request that this Court DENY Plaintiffs’ for Leave to Designate Supplemental Expert Witness. 6 Respectfully submitted, SHEEHY, WARE & PAPPAS, P.C. By: GEORGE P. PAPPAS SBN 15454800 gpappas@sheehyware.com JENNIFER D. CULLY SBN 24030026 jcully@sheehyware.com 909 Fannin Street, Suite 2500 Houston, Texas 77010-1003 Telephone: (713) 951-1000 Facsimile: (713) 951-1199 ATTORNEYS FOR DEFENDANT DSW HOMES, LLC CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the above and foregoing instrument has been forwarded to all counsel of record in accordance with the Texas Rules of Civil Procedure on June 18, 2019. Joshua N. Bowlin Linda Johnson White Nathaniel J. Alford, III ALLEN, KILLGORE & WHITE, P.C. WALSTON BOWLIN, LLP 2323 South Voss Road, Suite 230 4299 San Felipe Street, Suite 300 Houston, Texas 77057 Houston, TX 77027 -AND- -AND- Robbie A. Moehlmann Kurt Arnold Mike Prather J. Kyle Findley Natasha Bahri ARNOLD & ITKIN, LLP WALKER WILCOX MATOUSEK LLP 6009 Memorial Drive 1001 McKinney Street, Suite 2000 Houston, TX 77007 Houston, Texas 77002 Marshall G. Rosenberg Kevin B. Tompkins Hartline, Dacus, Barger, Dreyer LLP 1980 Post Oak Blvd, Suite 1800 Houston, Texas 77056 _____________________________ George P. Pappas 3494860 7 EXHIBIT A Filed: 9/14/2018 4:42 PM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 27541770 By: Shailja Dixit 9/14/2018 4:45 PM NO. 17-CV-1506 ALLEN and JOY SOAPE § IN THE DISTRICT COURT OF § v. § GALVESTON COUNTY, TEXAS § DSW HOMES, LLC; AAA ELECTRIC, § LLC; and DALE’S WATER WELLS, LLC § 405th JUDICIAL DISTRICT DEFENDANT DSW HOMES, LLC’S SECOND AMENDED RESPONSES TO ALL PARTIES REQUESTS FOR DISCLOSURE AND EXPERT DESIGNATION TO: All Counsel of Record. Defendant DSW HOMES, LLC serves these Second Amended Responses to all Parties Requests for Disclosure and Expert Designation. Respectfully submitted, SHEEHY, WARE & PAPPAS, P.C. By: GEORGE P. PAPPAS SBN 15454800 gpappas@sheehyware.com JENNIFER D. CULLY SBN 24030026 jcully@sheehyware.com 909 Fannin Street, Suite 2500 Houston, Texas 77010-1003 Telephone: (713) 951-1000 Facsimile: (713) 951-1199 ATTORNEYS FOR DEFENDANT DSW HOMES, LLC EXHIBIT B CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the above and foregoing document was forwarded electronically on September 14, 2018 as follows: Counsel for Plaintiffs: Counsel for Defendant, AAK Electric, LLC: Joshua N. Bowlin Linda Johnson White Nathaniel J. Alford, III ALLEN, KILLGORE & WHITE, P.C. Walston Bowlin, LLP 2323 South Voss Road, Suite 230 920 Memorial City Way, Suite 425 Houston, Texas 77057 Houston, TX 77024 lwhite@allenkillgore.com (713) 300-8700 josh@walstonbowlin.com nate@walstonbowlin.com Robbie A. Moehlmann Mike Prather Counsel for Dale’s Water Wells Natasha Bahri Marshall G. Rosenberg WALKER WILCOX MATOUSEK LLP Kevin B. Tompkins 1001 McKinney Street, Suite 2000 1980 Post Oak Blvd., Ste. 1800 Houston, Texas 77002 Houston, Texas 77056 rmoehlmann@wwmlawyers.com mrosenber@hdbdlaw.com mprather@wwmlawyers.com ktompkins@hdbdlaw.com nbahri@wwmlawyers.com GEORGE P. PAPPAS 3260381_1.docx 2 DEFENDANT, DSW HOMES, LLC’S RESPONSES TO PLAINTIFFS’ REQUEST FOR DISCLOSURE a. The correct names of the parties to the lawsuit; RESPONSE: Plaintiffs: Allen and Joy Soape Defendant: DSW HOMES, LLC Defendant: AAK Electric, LLC Defendant: Dale’s Water Wells, LLC b. The name, address and telephone number of any potential parties; RESPONSE: Dale’s Water Wells, LLC c/o Marshall G. Rosenberg Kevin B. Tompkins 1980 Post Oak Blvd., Suite 1800 Houston, Texas 77056 Telephone: 713-759-1990 Facsimile: 713-652-2419 mrosenberg@hdbdlaw.com ktompkins@hdbdlaw.com Barfield Home Inspections 125 Magnolia Drive Orange, TX 77632 409-745-5016 c. The legal theories and, in general, the factual bases of the responding party’s claims or defenses; RESPONSE: Defendant alleges that at the times and places and on the occasions in question, Plaintiffs failed to exercise that degree of care which an ordinarily prudent person in the exercise of ordinary care would have exercised under the same or similar circumstances, and such failure proximately caused or contributed to cause the occurrence made the basis of this suit. 3 Defendant alleges that the occurrence made the basis of this suit was caused in whole or in part by third persons, including, but not limited to the other parties over whom Defendant had no control and for whose acts and/or omissions it was not in fact nor in law responsible. Defendant would show that the negligent acts and/or omissions of Plaintiffs caused the damages complained of in this lawsuit. Defendant pleads the doctrine of contributory and comparative negligence. Further answering herein, and in the alternative, Defendant states that the injuries and/or illnesses and damages of the Plaintiffs, if any, were brought about as a result of an unavoidable accident. If Defendant is found liable for exemplary damages, those damages must be capped under the Texas Damages Act, §§41.005, 41.007, 41.008, 41.010 and 41.012 of the Texas Civil Practice and Remedies Code and the Due Process Clauses of the United States and Texas Constitutions. Further, to the extent Plaintiffs suffered from any pre-existing conditions at the time of the alleged incident, Defendant is not responsible. See also Defendant’s Original Answer(s) and any supplements/amendments thereto. Discovery is ongoing and Defendant will supplement according to the Texas Rules of Civil Procedure. d. The amount and method of calculating economic damages; RESPONSE: Defendant is not seeking economic damages at this time. Defendant disputes all of the Plaintiff’s damages. Furthermore, the Plaintiffs’ recovery of medical expenses in this case, if any, is limited by TEXAS CIVIL PRACTICE & REMEDIES CODE § 41.0105. e. The name, address, and telephone number of persons having knowledge of relevant facts, and a brief statement of each identified person’s connection with the case; RESPONSE: 4 Joy and Allen Soape Plaintiffs Joshua N. Bowlin Nathaniel J. Alford, III Walston Bowlin, LLP 920 Memorial City Way, Suite 425 Houston, TX 77024 (713) 300-8700 josh@walstonbowlin.com nate@walstonbowlin.com DSW Homes, LLC Defendant -Curtis Clayton -Steve Mataro -Todd Cuell -Donald Gerratt -Maggie Toller -Beau Yarbrough c/o George Pappas Jennifer Cully Sheehy, Ware & Pappas, P.C. 909 Fannin, Suite 2500 Houston, Texas 77010 (713) 951-1000 AAK Electric, LLC Defendant -Peter Lelsz -William Salmeron c/o Linda Johnson White ALLEN, KILLGORE & WHITE, P.C. 2323 South Voss Road, Suite 230 Houston, Texas 77057 lwhite@allenkillgore.com and Robbie A. Moehlmann Mike Prather Natasha Bahri WALKER WILCOX MATOUSEK LLP 1001 McKinney Street, Suite 2000 Houston, Texas 77002 (713) 654-8001 | (713) 343-6571 fax Dale’s Water Wells, LLC Defendant -Dale Gore c/o Marshall G. Rosenberg Kevin B. Tompkins 1980 Post Oak Blvd., Suite 1800 Houston, Texas 77056 Telephone: 713-759-1990 5 Facsimile: 713-652-2419 mrosenberg@hdbdlaw.com ktompkins@hdbdlaw.com 3710 Swinney Road Silsbee, TX 77656 409-679-7027 Barfield Home Inspections Responsible Third Party who performed home James R. Barfield inspection 125 Magnolia Drive Orange, TX 77632 409-745-5016 Todd Cuell Non-Retained employee expert for DSW Production Manager Homes; See Designation below for DSW Homes, LLC information regarding his opinions/expected c/o George P. Pappas testimony. Sheehy, Ware & Pappas 2500 Two Houston, Center 909 Fannin St. Houston, Texas 77010 (713) 951-1000 Davis, Melissa Shields Plaintiff Joy Soape’s Daughter 273 Burrows Road Huntington, TX 75949 DETCOG – Deep East Texas Council of Contract Administrator for the contract Governments and their employees, agents & with DSW Homes for construction of custodian of records including Plaintiffs’ home. but not limited to: Mr. Lonnie Hunt, Director Envista Forensics Hired by Insurance Carrier to inspect Frank Poag, PE, CFEI underground cable at home at issue. 1718 Fry Road, Suite 133 Houston, TX 77084 877-782-6391 Garrison, Susan J., MD Dr. Garrison is a board certified physical 3836 Ruskin medicine and rehabilitation physician; Houston, Texas 77005 Retained Expert for Defendant; See her expert (713) 665-4080 designation below and her deposition when/if taken. 6 Donald Gerratt Non-Retained employee expert for DSW COO Homes; See Designation below for DSW Homes, LLC information regarding his opinions/expected c/o George P. Pappas testimony. Sheehy, Ware & Pappas 2500 Two Houston, Center 909 Fannin St. Houston, Texas 77010 (713) 951-1000 Grillo, Mason Former Superintendent for DSW Homes, 4673 Washington Blvd LLC; Superintendent/Foreman for home at Beaumont, TX 77703 issue; Person with knowledge of relevant 409-363-4543 facts; See information regarding his expected testimony below; See also his deposition when/if taken. Hershkowitz, Leonard, MD Dr. Hershowitz is a board certified Houston Neurology Associates neurologist; Retained Expert for Defendant; 7500 Beechnut, Suite 135 See his expert designation below and his Houston, Texas 77074 deposition when/if taken. Phone: (713)777-4122 Fax: (713)270-7533 Mataro, Steve Co-Owner of Defendant, DSW Homes, DSW Homes, LLC LLC c/o George Pappas Jennifer Cully Sheehy, Ware & Pappas, P.C. 909 Fannin, Suite 2500 Houston, Texas 77010 (713) 951-1000 Peterson, Jeffrey J. Plaintiff’s Retained Expert; Life Care Planner; Jeff Peterson & Associates, LLC See his deposition when/if taken. 667 Post Oak Road Sulphur, LA 70663 Podet, Ethan MD Dr. Podet is a board certified cardiologist; Cardiology Associates Retained Expert for Defendant; See his expert 1315 St Joseph Pkwy Ste 1605 designation below and his deposition when/if Houston, TX 77002 taken. Phone: (713) 652-3025 Fax: (713) 652-9004 Spencer, Gerald Roy, P.E. Plaintiff’s Retained Expert; Engineer; See his Spencer Engineers, Inc. deposition when/if taken. 4635 Southwest Freeway Suite 900 Houston, Texas 77027-7139 7 Stegent, Ginny RN, CRRN, CDMS, CLCP Ms. Stegent is a life care planner and is a Med-Legal Services, Inc. retained expert for Defendant. See her expert 506½ Heights Boulevard designation below and her deposition when/if Houston, Texas 77002 taken. (713) 726-1221 Texas Department of Licensing and Water Well Report sent to them by former co- Regulation defendant. Water Well Driller/Pump Installer Section and their employees, Agents & Custodian of Records. PO Box 12157 Austin, TX 78711 512-463-7880 Texas Department of Licensing and Opened a complaint for by Plaintiffs against Regulation and their employees, Agents AAK Electric related to this home & Custodian of Records including but not limited to: -Gabriella Berger – Complaint Investigator -Jerry L. Daniel – Chief Electrical Inspector -John Medlock - Prosecutor Maggie Toller Non-Retained employee expert for DSW Corporate Controller Homes; See Designation below for DSW Homes, LLC information regarding her opinions/expected c/o George P. Pappas testimony. Sheehy, Ware & Pappas 2500 Two Houston, Center 909 Fannin St. Houston, Texas 77010 (713) 951-1000 Beau Yarbrough Non-Retained employee expert for DSW CFO Homes; See Designation below for DSW Homes, LLC information regarding his opinions/expected c/o George P. Pappas testimony. Sheehy, Ware & Pappas 2500 Two Houston, Center 909 Fannin St. Houston, Texas 77010 (713) 951-1000 8 Plaintiff’s treating physicians and/or medical providers may testify as to their diagnoses, prognoses and medical conditions relating to Plaintiff’s alleged injuries as well as reasonable and necessary medical treatment and charges. This will be supplemented when the information is provided. Name Address/Phone Number Brief Statement Abeldt Gaslight Pharmacy and 200 Gaslight Blvd Pharmacy for Plaintiffs its employees, agents, physicians, Lufkin, TX 75904 pharmacists, chiropractors, 936-639-2346 radiologists, nurses and custodian of billing and medical records Allegiance Ambulance East 196 Arrowhead Dr, Suite 7 Medical Provider for Lufkin and its employees, agents, Evanston, WY 82930 Plaintiff, Allen Soape. physicians, chiropractors, 307-783-8435 radiologists, nurses and custodian of billing and medical records 1303 1st Street including but not limited to: Lufkin, Texas 75901 (936) 699-2760 Amanda Burns – EMT Erick Russell – EMT William McLawhorn – EMT. Allegiance Mobile Health and its PO Box 2775 Medical Provider for employees, agents, physicians, Georgetown, TX 78627 Plaintiff, Allen Soape. chiropractors, radiologists, nurses and custodian of billing and medical records Angelina Diagnostic Radiology 1201 W Frank Ave Medical Provider for and its employees, agents, Lufkin, TX 75904 Plaintiff, Allen Soape. physicians, chiropractors, radiologists, nurses and custodian of billing and medical records including but not limited to: Dr. Harold R. Levine Dr. Troy T. Coleman Angelina Sleep Lab and its 206 Gaslight Boulevard Lufkin, Medical Provider for employees, agents, physicians, TX 75904 Plaintiff, Allen Soape. chiropractors, radiologists, nurses and custodian of billing and medical records Angelina Surgical Associates and 302 Medical Park Dr #101 Medical Provider for its employees, agents, physicians, Lufkin, TX 75904 Plaintiff, Allen Soape. chiropractors, radiologists, nurses (936) 209-2766 and custodian of billing and medical records Baylor College of Medicine and One Baylor Plaza Medical Provider for its employees, agents, physicians, Houston, TX 77030 Plaintiff, Allen Soape. chiropractors, radiologists, nurses and custodian of billing and medical records including but not 6200 S. Main 9 Name Address/Phone Number Brief Statement limited to: Houston TX 77030 713-798-1000 -Raymond Stainback, MD -Abdi Rasekh, MD -Basant Arya, MD -Sonia Nhieu, MD Baylor St. Lukes Medical Center 6720 Bertner Avenue, G-153 Medical Provider for Medicine and its employees, Houston, TX 77030 Plaintiff, Allen Soape. agents, physicians, chiropractors, radiologists, nurses and custodian of billing and medical records Benitez, Marco A. MD and his 1318 S. John Redditt Dr, Medical Provider for employees, agents, physicians, Ste C Plaintiff, Allen Soape. chiropractors, radiologists, nurses Lufkin, TX 75904 and custodian of billing and medical records Blue Cross HMO and its PO Box 660044 Insurance provider for Joy employees, agents, physicians, Dallas, TX 75266 Soape chiropractors, radiologists, nurses and custodian of billing and medical records Camino Real Emergency 1717 Highway 59 Loop North Medical Provider for Physicians and its employees, Livingston, TX 77351 Plaintiff, Allen Soape. agents, physicians, chiropractors, radiologists, nurses and custodian of billing and medical records including but not limited to: Dr. John W. Sanders Dr. Ziad Abdo Cardionet, LLC and its 1000 Cedar Hollow Road, Suite Medical Provider for employees, agents, physicians, 102 Plaintiff, Allen Soape. chiropractors, radiologists, nurses Malvern, PA 19355 and custodian of billing and 888.312.BEAT medical records Cherry, Mariyan MD and his 10 Medical Center Blvd Medical Provider for employees, agents, physicians, Lufkin, TX 75904 Plaintiffs chiropractors, radio