Preview
CAUSE NO. 2009-77474
PREXUS HEALTH CONSULTANTS, IN THE DISTRICT COURT
LLC and PREXUS HEALTH, LLC,
Plaintiffs/Garnishors,
Vv. HARRIS COUNTY, TEXAS
AMEGY BANK, NATIONAL
ASSOCIATION, JPEMORGAN CHASE
BANK, NATIONAL ASSOCIATION, AND §
REGIONS BANK, 8
§
Garnishees. § 270th JUDICIAL DISTRICT
VERIFIED APPLICATION FOR POST-JUDGMENT WRIT OF GARNISHMENT
Plaintiffs Prexus Health Consultants, LLC and Prexus Health, LLC (collectively,
“Plaintiffs”) make this verified application for the issuance of a post-judgment writ of
garnishment against Garnishees Amegy Bank National Association. (“Amegy”), JPMorgan
Chase Bank, National Association (“Chase”), and Regions Bank (“Regions”) (collectively
“Garnishees”), to satisfy Plaintiffs’ judgment against judgment debtors University General
Hospital, LP (“UGH”) and Ascension Physician Solutions, LLC (“Ascension”) (collectively
“Defendants” or “Debtors”’), showing as follows:
I
1 Plaintiff Prexus Health Consultants, LLC (“Prexus Health Consultants”) is a
limited liability company organized and existing under the laws of the State of Ohio, and is
authorized to do business in the State of Texas.
2 Plaintiff Prexus Health, LLC (“Prexus Health”) is a limited liability company
VERIFIED APPLICATION FOR POST-JUDGMENT WRIT OF GARNISHMENT PAGE 1
150285
organized and existing under the laws of the State of Ohio, and is authorized to do business in
the State of Texas.
3 Garnishee Amegy Bank National Association (“Amegy”) is a Texas State
Financial Institution maintaining its principal place of business in Harris County, Texas. Service
of the Writ of Garnishment on Amegy may be had by serving its registered agent Corporation
Service Company d/b/a CSC-Lawyers Incorporating Service Company, 211 E. 7" Street, Suite
620, Austin, TX 78701-3218.
4 Garnishee JP Morgan Chase Bank, National Association (“Chase”) is a Foreign
Financial Institution maintaining its principal place of business in New York, New York.
Service of the Writ of Garnishment on Chase may be had by serving its registered agent CT
Corporation System, 350 N. St. Paul St., Suite 2900, Dallas, Texas 75201-4234.
5 Garnishee Regions Bank (“Regions”) is a Foreign Financial Institution
maintaining its principal place of business in Birmingham, Alabama. Service of the Writ of
Garnishment on Regions may be had by serving its registered agent Corporation Service
Company d/b/a CSC-Lawyers Incorporating Service Company, 211 E. 7" Street, Suite 620,
Austin, TX 78701-3218.
I.
6 On October 11, 2011, in Cause No. 2009-77474 styled Prexus Health
Consultants, LLC and Prexus Health, LLC v. University General Hospital Systems, LLP jik/a
University General Hospital, LP, Ascension Physician Solutions, LLC, Devyn Wolens,
Individually, Luxxus Health Systems, LLC, Hassan Chahadeh, Individually, and Mike Griffin,
Individually, in the 270th Judicial District Court, Harris County, Texas, the trial court entered a
VERIFIED APPLICATION FOR POST-JUDGMENT WRIT OF GARNISHMENT PAGE 2
150285
final Judgment in favor of Plaintiffs against Debtors in amounts totaling $3,201,490.60 plus post-
judgment interest (the “Trial Court Judgment”). A true and correct copy of the Trial Court
Judgment is attached hereto as Exhibit “A” and incorporated herein by reference.
7 Debtors appealed the Trial Court Judgment. On April 2, 2013, the Fourteenth
Court of Appeals affirmed the judgment in favor of Plaintiffs and against UGH and Ascension
except as modified, and thereby reformed the Trial Court Judgment to: (1) delete the award of
$900,000.00 in lost profits as a result of UGH’s breach of the Professional Services Agreement
and (2) delete the award of $1,200,000.00 in lost profits as a result of Ascension’s breach of the
Consulting Services Agreement (the “Reformed Judgment”). A true and correct copy of the
Reformed Judgment is attached hereto as “Exhibit B” and incorporated herein. Accordingly, the
Reformed Judgment reduced the judgment to the principal amount of $861,005.00, plus pre-
judgment interest, and post-judgment interest accruing at twelve percent (12%) per annum. See
Exs. A & B. As of December 19, 2013, the outstanding principal balance with accrued unpaid.
interest totals $1,176,359.13. Interest continues to accrue thereon.
8 On October 18, 2013, the Fourteenth Court of Appeals issued its Mandate, a true
and correct copy of which is attached as Exhibit “C” and incorporated herein.
9 Accordingly, Plaintiffs have a valid, subsisting, and final judgment against
Debtors, and the judgment remains wholly unsatisfied. As of December 19, 2013, the
outstanding principal balance with accrued interest on the judgment in the amount of
$1,176,359.13 remains wholly unsatisfied.
Hil.
10. The last known address of University General Hospital, LP is 7501 Fannin Street,
VERIFIED APPLICATION FOR POST-JUDGMENT WRIT OF GARNISHMENT PAGE 3
150285
Houston, Texas 77054.
11. The last known address of Ascension Physician Solutions, LLC is 1221
McKinney Street, Suite 3240, Houston, Texas 77010-2037.
Iv.
12. Following entry of the Trial Court Judgment, Plaintiffs engaged in limited post-
judgment discovery of Debtors concerning their net worth for purposes of conducting a net worth
contest under Texas Rule of Appellate Procedure 24.2(c). Plaintiffs have not learned of any
property in Debtors’ possession within the state of Texas that is subject to execution and that is
sufficient to satisfy the above-described judgment, and to Plaintiffs’ present knowledge, none
exists.
13. Based upon documents received from Debtors, Plaintiffs have reason to believe,
and do believe, that Garnishees Amegy, Chase, and Regions each has in its possession in
checking, savings, certificates of deposit or other accounts, effects or funds belonging to Debtors
under the name “University General Hospital, LP” and/or “Ascension Physician Services, LLC.”
14. This Application is supported by the verification of Richard Roebuck, M.D., who
has knowledge of the relevant facts.
Vv.
15. Plaintiffs request the Court to issue the writ of garnishment against Garnishees in
the amount of $1,176,359.13 as of December 19, 2013 to satisfy the judgment that Plaintiffs
have against Debtors with interest accruing at the rate of twelve percent (12%) per annum until
satisfied (or, if a lesser amount than what is owed is contained in the accounts, the full amount in
the accounts of Judgment Debtors University General Hospital, LP and/or Ascension Physician
VERIFIED APPLICATION FOR POST-JUDGMENT WRIT OF GARNISHMENT PAGE 4
150285
Services, LLC), plus interest and costs of Court.
BASED UPON THE FOREGOING, Plaintiffs request the Writ of Garnishment be
issued, and that Plaintiffs have judgment against Garnishees Amegy, Chase, and Regions to
satisfy the judgment as provided by law, together with all costs of Court, and such other relief to
which Plaintiffs may be justly entitled.
Respectfully submitted.
( b el K. Hurst
‘ate Bar No. 10316310
Jonathan R. Childers
State Bar No. 24050411
GRUBER HURST JOHANSEN HAIL SHANK LLP
1445 Ross Ave, Suite 2500
Dallas, Texas 75202
Telephone: (214) 855-6800
Facsimile: (214) 855-6808
ATTORNEYS FOR PLAINTIFFS
PREXUS HEALTH CONSULTANTS, LLC
AND PREXUS HEALTH, LLC.
CERTIFICATE OF SERVICE
The undersigned certifies that on this ZU day of December, 2013, a true and correct
copy of the foregoing document was served on the following counsel of record via Electronic
Filing, Certified Mail Return Receipt Requested, and E-mail
JohnH. McFarland, Esq
BenjaminC. Wickert, Esq
JOYCE, MCFARLAND + MCFARLAND LLP
712 Main Street, Suite 1500
Houston, Texas 77002
nat, (2.
Jonathan
nlyR.
VERIFIED APPLICATION FOR POST-JUDGMENT WRIT OF GARNISHMENT PAGE 5
150285
VERIFICATION
STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, on this day personally appeared Richard
Roebuck, M.D., who being by me duly sworn on his oath was deposed and said:
“My name is Richard Roebuck, M.D. T am over the age of 18 years. I am fully
competent fo make this verification. I have read the foregoing Verified Application for Post-
Judgment Writ of Garnishment. The facts and information contained in paragraphs 6 through 14
are within my personal knowledge and are true and correct.
FURTHER AFFIANT SAYETH NOT.”
Richard Roebuck, M.D.
fre te
SUBSCRIBED AND SWORN TO BEFORE ME on this \ ith day of December,
2013, to certify which witness my hand and seal of office.
Notary Public, State of Ohio
My Commission Expires: _@ | 9 | ols
wt! 4 ee ny
ay 1
A MONNIE M. SAMES
32: NOTARY PUBLIC
STATE OF OHIO
Recorded in
he OF Butler County
BY, ON My Comm, Exp. 9/9/15
rity
VERIFICATION OF RICHARD ROEBUCK, M.D. SOLO PAGE
Preview
CAUSE NO. 2009-77474 PREXUS HEALTH CONSULTANTS, IN THE DISTRICT COURT LLC and PREXUS HEALTH, LLC, Plaintiffs/Garnishors, Vv. HARRIS COUNTY, TEXAS AMEGY BANK, NATIONAL ASSOCIATION, JPEMORGAN CHASE BANK, NATIONAL ASSOCIATION, AND § REGIONS BANK, 8 § Garnishees. § 270th JUDICIAL DISTRICT VERIFIED APPLICATION FOR POST-JUDGMENT WRIT OF GARNISHMENT Plaintiffs Prexus Health Consultants, LLC and Prexus Health, LLC (collectively, “Plaintiffs”) make this verified application for the issuance of a post-judgment writ of garnishment against Garnishees Amegy Bank National Association. (“Amegy”), JPMorgan Chase Bank, National Association (“Chase”), and Regions Bank (“Regions”) (collectively “Garnishees”), to satisfy Plaintiffs’ judgment against judgment debtors University General Hospital, LP (“UGH”) and Ascension Physician Solutions, LLC (“Ascension”) (collectively “Defendants” or “Debtors”’), showing as follows: I 1 Plaintiff Prexus Health Consultants, LLC (“Prexus Health Consultants”) is a limited liability company organized and existing under the laws of the State of Ohio, and is authorized to do business in the State of Texas. 2 Plaintiff Prexus Health, LLC (“Prexus Health”) is a limited liability company VERIFIED APPLICATION FOR POST-JUDGMENT WRIT OF GARNISHMENT PAGE 1 150285 organized and existing under the laws of the State of Ohio, and is authorized to do business in the State of Texas. 3 Garnishee Amegy Bank National Association (“Amegy”) is a Texas State Financial Institution maintaining its principal place of business in Harris County, Texas. Service of the Writ of Garnishment on Amegy may be had by serving its registered agent Corporation Service Company d/b/a CSC-Lawyers Incorporating Service Company, 211 E. 7" Street, Suite 620, Austin, TX 78701-3218. 4 Garnishee JP Morgan Chase Bank, National Association (“Chase”) is a Foreign Financial Institution maintaining its principal place of business in New York, New York. Service of the Writ of Garnishment on Chase may be had by serving its registered agent CT Corporation System, 350 N. St. Paul St., Suite 2900, Dallas, Texas 75201-4234. 5 Garnishee Regions Bank (“Regions”) is a Foreign Financial Institution maintaining its principal place of business in Birmingham, Alabama. Service of the Writ of Garnishment on Regions may be had by serving its registered agent Corporation Service Company d/b/a CSC-Lawyers Incorporating Service Company, 211 E. 7" Street, Suite 620, Austin, TX 78701-3218. I. 6 On October 11, 2011, in Cause No. 2009-77474 styled Prexus Health Consultants, LLC and Prexus Health, LLC v. University General Hospital Systems, LLP jik/a University General Hospital, LP, Ascension Physician Solutions, LLC, Devyn Wolens, Individually, Luxxus Health Systems, LLC, Hassan Chahadeh, Individually, and Mike Griffin, Individually, in the 270th Judicial District Court, Harris County, Texas, the trial court entered a VERIFIED APPLICATION FOR POST-JUDGMENT WRIT OF GARNISHMENT PAGE 2 150285 final Judgment in favor of Plaintiffs against Debtors in amounts totaling $3,201,490.60 plus post- judgment interest (the “Trial Court Judgment”). A true and correct copy of the Trial Court Judgment is attached hereto as Exhibit “A” and incorporated herein by reference. 7 Debtors appealed the Trial Court Judgment. On April 2, 2013, the Fourteenth Court of Appeals affirmed the judgment in favor of Plaintiffs and against UGH and Ascension except as modified, and thereby reformed the Trial Court Judgment to: (1) delete the award of $900,000.00 in lost profits as a result of UGH’s breach of the Professional Services Agreement and (2) delete the award of $1,200,000.00 in lost profits as a result of Ascension’s breach of the Consulting Services Agreement (the “Reformed Judgment”). A true and correct copy of the Reformed Judgment is attached hereto as “Exhibit B” and incorporated herein. Accordingly, the Reformed Judgment reduced the judgment to the principal amount of $861,005.00, plus pre- judgment interest, and post-judgment interest accruing at twelve percent (12%) per annum. See Exs. A & B. As of December 19, 2013, the outstanding principal balance with accrued unpaid. interest totals $1,176,359.13. Interest continues to accrue thereon. 8 On October 18, 2013, the Fourteenth Court of Appeals issued its Mandate, a true and correct copy of which is attached as Exhibit “C” and incorporated herein. 9 Accordingly, Plaintiffs have a valid, subsisting, and final judgment against Debtors, and the judgment remains wholly unsatisfied. As of December 19, 2013, the outstanding principal balance with accrued interest on the judgment in the amount of $1,176,359.13 remains wholly unsatisfied. Hil. 10. The last known address of University General Hospital, LP is 7501 Fannin Street, VERIFIED APPLICATION FOR POST-JUDGMENT WRIT OF GARNISHMENT PAGE 3 150285 Houston, Texas 77054. 11. The last known address of Ascension Physician Solutions, LLC is 1221 McKinney Street, Suite 3240, Houston, Texas 77010-2037. Iv. 12. Following entry of the Trial Court Judgment, Plaintiffs engaged in limited post- judgment discovery of Debtors concerning their net worth for purposes of conducting a net worth contest under Texas Rule of Appellate Procedure 24.2(c). Plaintiffs have not learned of any property in Debtors’ possession within the state of Texas that is subject to execution and that is sufficient to satisfy the above-described judgment, and to Plaintiffs’ present knowledge, none exists. 13. Based upon documents received from Debtors, Plaintiffs have reason to believe, and do believe, that Garnishees Amegy, Chase, and Regions each has in its possession in checking, savings, certificates of deposit or other accounts, effects or funds belonging to Debtors under the name “University General Hospital, LP” and/or “Ascension Physician Services, LLC.” 14. This Application is supported by the verification of Richard Roebuck, M.D., who has knowledge of the relevant facts. Vv. 15. Plaintiffs request the Court to issue the writ of garnishment against Garnishees in the amount of $1,176,359.13 as of December 19, 2013 to satisfy the judgment that Plaintiffs have against Debtors with interest accruing at the rate of twelve percent (12%) per annum until satisfied (or, if a lesser amount than what is owed is contained in the accounts, the full amount in the accounts of Judgment Debtors University General Hospital, LP and/or Ascension Physician VERIFIED APPLICATION FOR POST-JUDGMENT WRIT OF GARNISHMENT PAGE 4 150285 Services, LLC), plus interest and costs of Court. BASED UPON THE FOREGOING, Plaintiffs request the Writ of Garnishment be issued, and that Plaintiffs have judgment against Garnishees Amegy, Chase, and Regions to satisfy the judgment as provided by law, together with all costs of Court, and such other relief to which Plaintiffs may be justly entitled. Respectfully submitted. ( b el K. Hurst ‘ate Bar No. 10316310 Jonathan R. Childers State Bar No. 24050411 GRUBER HURST JOHANSEN HAIL SHANK LLP 1445 Ross Ave, Suite 2500 Dallas, Texas 75202 Telephone: (214) 855-6800 Facsimile: (214) 855-6808 ATTORNEYS FOR PLAINTIFFS PREXUS HEALTH CONSULTANTS, LLC AND PREXUS HEALTH, LLC. CERTIFICATE OF SERVICE The undersigned certifies that on this ZU day of December, 2013, a true and correct copy of the foregoing document was served on the following counsel of record via Electronic Filing, Certified Mail Return Receipt Requested, and E-mail JohnH. McFarland, Esq BenjaminC. Wickert, Esq JOYCE, MCFARLAND + MCFARLAND LLP 712 Main Street, Suite 1500 Houston, Texas 77002 nat, (2. Jonathan nlyR. VERIFIED APPLICATION FOR POST-JUDGMENT WRIT OF GARNISHMENT PAGE 5 150285 VERIFICATION STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, on this day personally appeared Richard Roebuck, M.D., who being by me duly sworn on his oath was deposed and said: “My name is Richard Roebuck, M.D. T am over the age of 18 years. I am fully competent fo make this verification. I have read the foregoing Verified Application for Post- Judgment Writ of Garnishment. The facts and information contained in paragraphs 6 through 14 are within my personal knowledge and are true and correct. FURTHER AFFIANT SAYETH NOT.” Richard Roebuck, M.D. fre te SUBSCRIBED AND SWORN TO BEFORE ME on this \ ith day of December, 2013, to certify which witness my hand and seal of office. Notary Public, State of Ohio My Commission Expires: _@ | 9 | ols wt! 4 ee ny ay 1 A MONNIE M. SAMES 32: NOTARY PUBLIC STATE OF OHIO Recorded in he OF Butler County BY, ON My Comm, Exp. 9/9/15 rity VERIFICATION OF RICHARD ROEBUCK, M.D. SOLO PAGE