Preview
FILED
12/11/2020 3:16 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Rhonda Burks DEPUTY
CAUSE NO. DC-20-l l 175
MICHAEL WILLIAMS, IN THE 134T" JUDICIAL
Plaintiffs,
v.
TXI OPERATIONS, LP, TEXAS INDUSTRIES, DISTRICT COURT 0F
INC., MARTIN MARIETTA, MARTIN
MARIETTA MATERIALS, INC. and
MARTIN MARIETTA MATERIALS
SOUTHWEST, L.L.C.,
Defendants. DALLAS COUNTY, TEXAS
SUPPLEMENT IN SUPPORT OF MOTION TO TRANSFER VENUE
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW, TXI OPERATIONS, LP, TEXAS INDUSTRIES, INC., MARTIN
MARIETTA, MARTIN MARIETTA MATERIALS, INC. and MARTIN MARIETTA
MATERIALS SOUTHWEST, L.L.C., Defendants in the above entitled and numbered cause, and
le the following as their Supplement in Support of Motion to Transfer Venue, and for same would
respectfully show unto the Honorable Court the following:
I.
Defendants have led a Motion to Transfer Venue to Comal County, TX where the alleged
incident and resulting injuries occurred. This is approximately 240 to 250 miles from Dallas. In
support of its Motion t0 Transfer Venue, Defendants attach as Exhibit “A” a listing of persons with
knowledge of relevant facts listed by Plaintiff. The maioritv of the individuals listed. and the
employees ofthe companies listed, who have knowledge ofrelevant facts, are believed to live and/or
work within subpoena range (l 50 miles) of the Comal County Courthouse in New Braunfels, TX.
Few if any 0f the individuals listed, as well as employees of listed companies, are believed t0 be
within subpoena range of the Dallas County Courthouse in Dallas, TX.
In addition to Plaintiff‘s list, numerous of Defendants’ employees with knowledge of
relevant facts work at the Martin Marietta Cement plant in Comal County, TX, and live within
SUPPLEMENT IN SUPPORT OF MOTION T0 TRANSFER VENUE—Page 1
subpoena range ofComal County, TX, including persons listed in Defendants’ Interrogatory answers
- Freddie and several other who know
Bobby Romero, Patterson, Jimmy Nance, employees
something about the incident and/or the work being performed by Plaintiff and his employer at the
time of the occurrence in question.
Further, itis believed that all of Plaintiff‘s medical treatment as a result of this incident
occurred outside subpoena range of Dallas TX, and instead occurred within subpoena range of
Coma] County, TX. See Exhibit “A”, attached, for Plaintiff‘s list of persons with knowledge of
relevant facts.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Defendants pray that venue be transferred
to Comal County, TX; that Plaintiff take nothing by this suit, that Defendants go hence with their
costs without day, and for such other and further relief, both general and special, at law and in equity,
to which Defendants may show themselves justly entitled and for which they will ever pray.
Respectfully submitted,
THE STRADLEY LAW FIRM
9330 LBJ Freeway, Suite 1185
Dallas, Texas 75243
(972) 23 l —
6001
(972) 23 1
—
7004 (FAX)
Mark@suad1ey1awy{
By: /
MARK E. STRADLEY
.
State Bar No. 19352500
ATTORNEY FOR DEFEN DANTS
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy ofthe above and foregoing [instrument' has been
sent to all counsel of record by E-Serve, United Stated Mail, Certied fai yRe Receipt
Requested, Hand Delivery, Facsimile and/or Overnight Delivery ecember,
2020. oniisthe
_
MARKwE. STRADLEY
SUPPLEMENT IN SUPPORT OF MOTION TO TRANSFER VENUE—Page 2 /
Michael Williams
By and through his attorneys of record
Joshua L. Crowley
\Y/illiam G. Rossick
The Carlson Law Firm, P.C.
11606 N. IH-35
Austin, Texas 78753
(512) 346—5688
Plaintiff
TXI Operations, L.P., Texas Industries, Inc.; Marn Marietta; Martin Marietta; Martin
Marietta Materials, Inc., and Martin Marietta Materials Southwest, L.L.C.,
By and through its attorney of record
Mark E. Stradley
l\Iark@Stradlemwrnmcom
THE STRADLEY LAW FIRM
9330 LB] Freeway, Suite 1185
Dallas, Texas 75243
(972) 231 6001 Telephone
Defendants
Jeff Kenzie
Contact information unknown
Witness and Plaintiff’s co—worker at the site made the basis of this suit.
Anthony Malloy
Contact information unknown
Witness and Plaintiff’s co—worker at the site made the basis of this suit.
Lewis Hancock
Contact information unknown
Witness and Plaintiff’s co—worker at the site made the basis of this suit. Lewis drove Plaintiff
to Rockdale.
Raymond McBride
Contact information unknown
Witness and Plaintiff’s co—worker at the site made the basis of this suit.
Frankie (Last Name unknown)
Martin Marietta’s Supervisor at the site made the basis of this suit.
Clarence (Last Name unknown)
\Vitness and Plaintiff’s co-Worker
EXHIBIT “A”
3 B Dozer Service
P.O. Box 249
Bremond, Texas 76629-0249
Plaintiff’s Employer at the time of the incident
Christopher Haney
c11211e;=§@texasmutualsom
Texas Mutual Insurance Company
P.O. Box 12029
Austin, Texas 78711
(512) 224—8533
Worker’s Compensation’s Subrogation Specialist
Kendra Hancock
(512) 430—2442 Telephone
Plaintiff’s Sister
MEDICAL PROVIDERS
Elizabeth Billingsley, MD.
jayson Aydelotte, MD.
Tatiana Cardenas, M.D.
Thomas Coopwood, M.D.
Elizabeth Oehler, M.D.
Linda Phan, RN
Erik Louis Slett, M.D. Resident
Clarissa johnston, M.D.
John Barkley, M.D.
Mark Bochey, M.D.
Christina Fulkerson, R.N.
Christopher Riley, M.D. Resident
Lara Sabino, M.D. Resident
Karen Rebecca Brown, M.D. Resident
Patricia johnson, R.N.
Shiveka Kaul, R.D.
Seton Medical Center at the University of Texas
Attending medical staff and custodian of records
1500 Red River Street
Austin, Texas 78701
(512) 324—7000 Telephone
Provided medical care and treatment to Plaintiff and/or maintains medical records/medical
bills regarding treatment rendered to Plaintiff.
Andraya Gower
Andrew Widmer
Carlos Brown
Neena Allaire
CVS Pharmacy
Attending medical staff and custodian of records
1525 W. Cameron Avenue
Rockdale, Texas 76567
Provided medical care and treatment to Plaintiff and/or maintains medical records/medical
bills regarding treatment rendered to Plaintiff.
Anthony Manuel, MI).
Arianne P. Vickery, CRNA
Chad Paul, Dieterichs, M.D.
Christopher A. Getto, M.D.
Cliff Bo En Yu, CRNA
David M. Harvat, CRNA
james M. Bell, M.D.
Jennifer Movold, CRNA
Kyle D. Lundwall, CRNA
Lillian K. Resnick, CRNA
Mary K. Sohn, CRNA
Max D. Heath, CRNA
Michael S.Powers, M.D.
Patrick Hooper, M.D.
Stephen W. Watkins, CRNA
US Anesthesia Partners of Texas
Attending medical staff and custodian of records
P.O. Box 840855
Dallas, Texas 75284
Provided medical care and treatment to Plaintiff and/or maintains medical records/medical
bills regarding treatment rendered to Plaintiff
Austin Radiological Association
Attending medical staff and custodian of records
P.O. Box 4099
Austin, Texas 78765
(512) 519—3443
Provided medical care and treatment to Plaintiff and/or maintains medical records/medical
bills regarding treatment rendered to Plaintiff.
Elizabeth Oehler, M.D.
BCEP, PA c/o USACS
Attending medical staff and custodian of records
P.O. Box 21904
Belfast, ME 0491 5
Provided medical care and treatment to Plaintiff and/or maintains medical records/medical
bills regarding treatment rendered to Plaintiff.
Elizabeth Billingsley, M.D.
jayson Aydelotte, M.D.
Tatiana Cardenas, M.D.
Thomas Coopwood, M.D.
Seton Family of Doctors (Formerly Try-County Practice Associates)
Attending medical staff and custodian of records
P.O. Box 13689
Belfast, ME 04915—4027
Provided medical care and treatment to Plaintiff and/or maintains medical records/medical
bills regarding treatment rendered to Plaintiff.
Timothy Kolda
Clinical Pathology Associates
Attending medical staff and custodian of records
P.O. Box 28770
Austin, Texas 78755
Provided medical care and treatment to Plaintiff and/or maintains medical records/medical
bills regarding treatment rendered to Plaintiff.
Jeffrey Turner, AMR 160478
Torrance Gibson, AMR No. 728158
American Medical Response
Attending medical staff and custodian of records
P. O. Box 847343
Dallas, Texas 752844343
Provided medical care and treatment to Plaintiff and/or maintains medical records/medical
bills regarding treatment rendered to Plaintiff.
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.
Christy Schmitz on behalf of Mark Stradley
Bar No. 19352500
christy@stradleylawfirm.com
Envelope ID: 48883663
Status as of 12/1 1/2020 4:20 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Carlos Rodriguez crodriguez@carlsonattorneys.com 12/1 1/2020 3:16:41 PM SENT
Schmitz Christy christy@stradleylawfirm.com 12/1 1/2020 3:16:41 PM SENT
Mark Stradley Mark@Stradleylawfirm.com 12/1 1/2020 3:16:41 PM SENT
Joshua Crowley jcrowley@carlsonattorneys.com 12/1 1/2020 3:16:41 PM SENT
Francine Ly fly@dallascourts.org 12/1 1/2020 3:16:41 PM SENT
William Rossick WRossick@carlsonattorneys.com 12/1 1/2020 3:1 6:41 PM SENT
Associated Case Party: MICHAEL WILLIAMS
Name BarNumber Email TimestampSubmitted Status
Rachel Stahlke rstahlke@carlsonattorneys.com 12l1 1/2020 3:16:41 PM SENT
Preview
FILED 12/11/2020 3:16 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Rhonda Burks DEPUTY CAUSE NO. DC-20-l l 175 MICHAEL WILLIAMS, IN THE 134T" JUDICIAL Plaintiffs, v. TXI OPERATIONS, LP, TEXAS INDUSTRIES, DISTRICT COURT 0F INC., MARTIN MARIETTA, MARTIN MARIETTA MATERIALS, INC. and MARTIN MARIETTA MATERIALS SOUTHWEST, L.L.C., Defendants. DALLAS COUNTY, TEXAS SUPPLEMENT IN SUPPORT OF MOTION TO TRANSFER VENUE TO THE HONORABLE JUDGE OF SAID COURT: COME NOW, TXI OPERATIONS, LP, TEXAS INDUSTRIES, INC., MARTIN MARIETTA, MARTIN MARIETTA MATERIALS, INC. and MARTIN MARIETTA MATERIALS SOUTHWEST, L.L.C., Defendants in the above entitled and numbered cause, and le the following as their Supplement in Support of Motion to Transfer Venue, and for same would respectfully show unto the Honorable Court the following: I. Defendants have led a Motion to Transfer Venue to Comal County, TX where the alleged incident and resulting injuries occurred. This is approximately 240 to 250 miles from Dallas. In support of its Motion t0 Transfer Venue, Defendants attach as Exhibit “A” a listing of persons with knowledge of relevant facts listed by Plaintiff. The maioritv of the individuals listed. and the employees ofthe companies listed, who have knowledge ofrelevant facts, are believed to live and/or work within subpoena range (l 50 miles) of the Comal County Courthouse in New Braunfels, TX. Few if any 0f the individuals listed, as well as employees of listed companies, are believed t0 be within subpoena range of the Dallas County Courthouse in Dallas, TX. In addition to Plaintiff‘s list, numerous of Defendants’ employees with knowledge of relevant facts work at the Martin Marietta Cement plant in Comal County, TX, and live within SUPPLEMENT IN SUPPORT OF MOTION T0 TRANSFER VENUE—Page 1 subpoena range ofComal County, TX, including persons listed in Defendants’ Interrogatory answers - Freddie and several other who know Bobby Romero, Patterson, Jimmy Nance, employees something about the incident and/or the work being performed by Plaintiff and his employer at the time of the occurrence in question. Further, itis believed that all of Plaintiff‘s medical treatment as a result of this incident occurred outside subpoena range of Dallas TX, and instead occurred within subpoena range of Coma] County, TX. See Exhibit “A”, attached, for Plaintiff‘s list of persons with knowledge of relevant facts. PRAYER WHEREFORE, PREMISES CONSIDERED, Defendants pray that venue be transferred to Comal County, TX; that Plaintiff take nothing by this suit, that Defendants go hence with their costs without day, and for such other and further relief, both general and special, at law and in equity, to which Defendants may show themselves justly entitled and for which they will ever pray. Respectfully submitted, THE STRADLEY LAW FIRM 9330 LBJ Freeway, Suite 1185 Dallas, Texas 75243 (972) 23 l — 6001 (972) 23 1 — 7004 (FAX) Mark@suad1ey1awy{ By: / MARK E. STRADLEY . State Bar No. 19352500 ATTORNEY FOR DEFEN DANTS CERTIFICATE OF SERVICE This is to certify that a true and correct copy ofthe above and foregoing [instrument' has been sent to all counsel of record by E-Serve, United Stated Mail, Certied fai yRe Receipt Requested, Hand Delivery, Facsimile and/or Overnight Delivery ecember, 2020. oniisthe _ MARKwE. STRADLEY SUPPLEMENT IN SUPPORT OF MOTION TO TRANSFER VENUE—Page 2 / Michael Williams By and through his attorneys of record Joshua L. Crowley \Y/illiam G. Rossick The Carlson Law Firm, P.C. 11606 N. IH-35 Austin, Texas 78753 (512) 346—5688 Plaintiff TXI Operations, L.P., Texas Industries, Inc.; Marn Marietta; Martin Marietta; Martin Marietta Materials, Inc., and Martin Marietta Materials Southwest, L.L.C., By and through its attorney of record Mark E. Stradley l\Iark@Stradlemwrnmcom THE STRADLEY LAW FIRM 9330 LB] Freeway, Suite 1185 Dallas, Texas 75243 (972) 231 6001 Telephone Defendants Jeff Kenzie Contact information unknown Witness and Plaintiff’s co—worker at the site made the basis of this suit. Anthony Malloy Contact information unknown Witness and Plaintiff’s co—worker at the site made the basis of this suit. Lewis Hancock Contact information unknown Witness and Plaintiff’s co—worker at the site made the basis of this suit. Lewis drove Plaintiff to Rockdale. Raymond McBride Contact information unknown Witness and Plaintiff’s co—worker at the site made the basis of this suit. Frankie (Last Name unknown) Martin Marietta’s Supervisor at the site made the basis of this suit. Clarence (Last Name unknown) \Vitness and Plaintiff’s co-Worker EXHIBIT “A” 3 B Dozer Service P.O. Box 249 Bremond, Texas 76629-0249 Plaintiff’s Employer at the time of the incident Christopher Haney c11211e;=§@texasmutualsom Texas Mutual Insurance Company P.O. Box 12029 Austin, Texas 78711 (512) 224—8533 Worker’s Compensation’s Subrogation Specialist Kendra Hancock (512) 430—2442 Telephone Plaintiff’s Sister MEDICAL PROVIDERS Elizabeth Billingsley, MD. jayson Aydelotte, MD. Tatiana Cardenas, M.D. Thomas Coopwood, M.D. Elizabeth Oehler, M.D. Linda Phan, RN Erik Louis Slett, M.D. Resident Clarissa johnston, M.D. John Barkley, M.D. Mark Bochey, M.D. Christina Fulkerson, R.N. Christopher Riley, M.D. Resident Lara Sabino, M.D. Resident Karen Rebecca Brown, M.D. Resident Patricia johnson, R.N. Shiveka Kaul, R.D. Seton Medical Center at the University of Texas Attending medical staff and custodian of records 1500 Red River Street Austin, Texas 78701 (512) 324—7000 Telephone Provided medical care and treatment to Plaintiff and/or maintains medical records/medical bills regarding treatment rendered to Plaintiff. Andraya Gower Andrew Widmer Carlos Brown Neena Allaire CVS Pharmacy Attending medical staff and custodian of records 1525 W. Cameron Avenue Rockdale, Texas 76567 Provided medical care and treatment to Plaintiff and/or maintains medical records/medical bills regarding treatment rendered to Plaintiff. Anthony Manuel, MI). Arianne P. Vickery, CRNA Chad Paul, Dieterichs, M.D. Christopher A. Getto, M.D. Cliff Bo En Yu, CRNA David M. Harvat, CRNA james M. Bell, M.D. Jennifer Movold, CRNA Kyle D. Lundwall, CRNA Lillian K. Resnick, CRNA Mary K. Sohn, CRNA Max D. Heath, CRNA Michael S.Powers, M.D. Patrick Hooper, M.D. Stephen W. Watkins, CRNA US Anesthesia Partners of Texas Attending medical staff and custodian of records P.O. Box 840855 Dallas, Texas 75284 Provided medical care and treatment to Plaintiff and/or maintains medical records/medical bills regarding treatment rendered to Plaintiff Austin Radiological Association Attending medical staff and custodian of records P.O. Box 4099 Austin, Texas 78765 (512) 519—3443 Provided medical care and treatment to Plaintiff and/or maintains medical records/medical bills regarding treatment rendered to Plaintiff. Elizabeth Oehler, M.D. BCEP, PA c/o USACS Attending medical staff and custodian of records P.O. Box 21904 Belfast, ME 0491 5 Provided medical care and treatment to Plaintiff and/or maintains medical records/medical bills regarding treatment rendered to Plaintiff. Elizabeth Billingsley, M.D. jayson Aydelotte, M.D. Tatiana Cardenas, M.D. Thomas Coopwood, M.D. Seton Family of Doctors (Formerly Try-County Practice Associates) Attending medical staff and custodian of records P.O. Box 13689 Belfast, ME 04915—4027 Provided medical care and treatment to Plaintiff and/or maintains medical records/medical bills regarding treatment rendered to Plaintiff. Timothy Kolda Clinical Pathology Associates Attending medical staff and custodian of records P.O. Box 28770 Austin, Texas 78755 Provided medical care and treatment to Plaintiff and/or maintains medical records/medical bills regarding treatment rendered to Plaintiff. Jeffrey Turner, AMR 160478 Torrance Gibson, AMR No. 728158 American Medical Response Attending medical staff and custodian of records P. O. Box 847343 Dallas, Texas 752844343 Provided medical care and treatment to Plaintiff and/or maintains medical records/medical bills regarding treatment rendered to Plaintiff. 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. Christy Schmitz on behalf of Mark Stradley Bar No. 19352500 christy@stradleylawfirm.com Envelope ID: 48883663 Status as of 12/1 1/2020 4:20 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Carlos Rodriguez crodriguez@carlsonattorneys.com 12/1 1/2020 3:16:41 PM SENT Schmitz Christy christy@stradleylawfirm.com 12/1 1/2020 3:16:41 PM SENT Mark Stradley Mark@Stradleylawfirm.com 12/1 1/2020 3:16:41 PM SENT Joshua Crowley jcrowley@carlsonattorneys.com 12/1 1/2020 3:16:41 PM SENT Francine Ly fly@dallascourts.org 12/1 1/2020 3:16:41 PM SENT William Rossick WRossick@carlsonattorneys.com 12/1 1/2020 3:1 6:41 PM SENT Associated Case Party: MICHAEL WILLIAMS Name BarNumber Email TimestampSubmitted Status Rachel Stahlke rstahlke@carlsonattorneys.com 12l1 1/2020 3:16:41 PM SENT