On January 06, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Wickersham, Amy,
Wickersham, Perry,
and
Anguiano Rd Ld, Nichole,
Brashear, Benjamin, Md,
Brashear Family Medical, P.A.,
Chaudhry, Usman, Md,
Del Toro, Gustavo N., Do,
Dr. Garry Guce & Associates, Pllc,
Fabro Jr, Delano Soriano, Do,
Guce, Garry, Md,
Guttuso, Paul A., Md,
Health Texas Provider,
Health Texas Provider Network,
Parish, Stephen Royce, Md,
Rockwall Regional Hospital Llc,
Scheurich, Daniel, Md,
Schoen Rd Ld, Mary,
Sound Inpatient Physicians Inc,,
Sunflower Park Healthcare,
Texas Health Physicians Group,
Texas Health Presbyterian Kaufman,
Tijerina, Erik,
Wellmed Medical Group, P.A.,
Wright, Christina D,
for MEDICAL MALPRACTICE
in the District Court of Dallas County.
Preview
FILED
4/17/2020 3:12PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Dorothy Strogen DEPUTY
Cause N0. DC-20-00255
Amy Wickersham and In the District Court
Perry Wickersham
V. of Dallas County, Texas
Benjamin Brashear, M.D.,
Garry Guce, M.D.,
Daniel Scheurich, M.D.,
Gustavo N. Del Toro, D.O.,
Paul A. Guttuso, M.D.,
Paul A. Guttuso, M.D.,
Christina D. Wright, R.D.,
Brashear Family Medical, P.A.,
Wellmed Medical Group, P.A.,
d/b/a Wellmed at Kaufman,
Sound Inpatient Physicians Inc.,
Dr. Garry Guce & Associates, PLLC,
Texas Health Physicians Group,
Lumincare Physician Group, P.A., wmwmwwwwwmwwwwwwwmwwwwwmwmwwwmwmwwwww
Aramark Healthcare Support
Services, LLC,
Texas Health Presbyterian Kaufman,
Erik Tijerina, F.N.P.,
Sunflower Park Health Care,
HealthTexas Provider Network d/b/a Baylor
Scott & White Primary Care Associates,
Stephen Royce Parish, M.D.,
Usman Chaudhry, M.D.,
Delano Soriano Fabro, J12, D.O.,
Mary Schoen, R.D., L.D.,
Nichole Anguiano, R.D., L.D.,
Yousef Abou-Kayyas, M.D.,
HealthTexas Provider Network d/b/a Baylor
Scott & White Pulmonary Care Consultants,
Texas Allergy & Breathing Centers, P.A., and
Rockwall Regional Hospital, LLC d/b/a
Texas Health Presbyterian Hospital Rockwall 44th Judicial District
Defendants Mary Schoen, R.D., L.D. and Nichole Anguiano, R.D., L.D.’s
Motion to Transfer Venue
Defendants Mary Schoen, R.D., L.D. and Nichole Anguiano, R.D., L.D., prior to the filing
of any other pleading, file this Motion to Transfer Venue and ask that the lawsuit be transferred to
Defendant; M5101 56606”, R.D., L.D. am] Nichole Anguiam, R.D., L.D. Motion
’5 2‘0Trcmg’er Venue
Page 7
Rockwall County, Texas.
Introduction
Plaintiffs filed a health care liability claim concerning medical care rendered to Amy
Wickersham. The medical care at issue occurred in Kaufman County and Rockwall County, Texas.
But Plaintiffs filed suit in Dallas County, Texas. Upon information and belief, the majority of
interested parties and witnesses reside and work in Kaufman County and Rockwall County, Texas.
And maintenance of the lawsuit would work an undue hardship on the parties. Accordingly, the
Court should transfer the lawsuit to Rockwall County.
The Texas Venue Statute Allows Transfer to Rockwall County
A. Rockwall County is a proper venue for the dispute.
The Wickershams contend multiple health care providers were negligent in the care and
treatment of Amy Wickersham. See Plaintiffs’ Second Amended Original Petition at pp. 15–19, ¶¶ 76–89.
The care at issue occurred in Kaufman and Rockwall Counties. See Plaintiffs’ Second Amended Original
Petition at pp. 5–15, ¶¶ 31–74. Because a substantial part of the events or omissions giving rise to the
claims occurred in Rockwall County, Rockwall County is a proper venue for the lawsuit. TEX. CIV.
PRAC. & REM. CODE § 15.002(a)(1). Additionally, Defendants Mary Schoen, R.D., L.D. and Nichole
Anguiano, R.D., L.D. are residents of Rockwall County and Texas Health Presbyterian Hospital
Rockwall, Defendants’ employer, is in Rockwall County. Therefore, Rockwall County is a proper
venue for the lawsuit. TEX. CIV. PRAC. & REM. CODE § 15.002(a)(2).
B. Rockwall County is more convenient for the parties and witnesses.
Texas law provides that this Court may, for the convenience of parties and witnesses and in
the interests of justice, transfer venue to Rockwall County. See TEX. CIV. PRAC. & REM. CODE
§ 15.002(b). Maintenance of this lawsuit in Dallas County would work an injustice to Defendants
Defendants Mary Schoen, R.D., L.D. and Nichole Anguiano, R.D., L.D.’s Motion to Transfer Venue
Page 2
and cause economic and personal hardship to multiple witnesses. Conversely, a transfer of this
action to Rockwall County would not work an injustice to the Wickershams nor impose a hardship
on them, as they are residents of adjacent Kaufman County. In addition, the balance of interests of
all the parties predominates in favor of the action being transferred to Rockwall County. Rockwall
County isa more convenient venue for this action than Dallas County because, upon information
and belief, a substantial number of the parties and key witnesses reside or work in Rockwall County.
Conclusion
Because Defendants reside in Rockwall County, because their employer Texas Health
Presbyterian Hospital Rockwall is in Rockwall County, because a large portion of the medical care in
question took place in Rockwall County, and because many of the parties and witnesses live and
work in Rockwall County, the Court should—for the convenience of the parties and witnesses and
in the interest of justice—transfer the lawsuit from Dallas County to Rockwall County.
Alternatively, the Court should transfer venue to Kaufman County—also a proper venue—
for the convenience of the parties and witnesses because: maintenance of the action in Dallas
County would work an injustice to the parties; the balance of interests of all parties predominates in
favor the suit being brought in Kaufman County, and the transfer of the case would not work an
injustice to any party. Indeed, the Plaintiffs themselves reside in Kaufman County, Texas.
Defendants Mary Schoen, R.D., L.D. and Nichole Anguiano, R.D., L.D.’s Motion to Transfer Venue
Page 3
Prayer
Defendants Mary Schoen, R.D., L.D. and Nichole Anguiano, R.D., L.D. respectfully request
that the Court:
(1) grant this Motion to Transfer Venue;
(2) order this case be transferred from Dallas County, Texas to Rockwall County, Texas (or
alternatively, to Kaufman County, Texas); and
(3) grant all other relief t0 Which Defendants may be entitled.
Respectfully Submitted,
THIEBAUD REMINGTON THORNTON BAILEY LLP
By: /s/ T91 Bailey
Ty Bailey
State Bar N0. 00796153
tbaflev@trtblaw.com
Lexi Henke
State Bar No. 24106077
lhenke@trtblaw.com
4849 Greenvflle Avenue, Suite 1150
Dallas, Texas 75206
(214) 954—2200
(214) 754—0999 (fax)
Attorneys for Defendants
Mary Schoen, R.D., L.D.,
Nichole Anguiano, R.D., L.D., and
Rockwall Regional Hospital, LLC d/b/a
Texas Health Presbyterian Hospital Rockwall
Certificate of Service
The undersigned certifies that on the 17th day April 2020, a true and correct copy 0f the
foregoing document was delivered Via electronic service to allknown counsel 0f record.
/s/ Ty Bailey
Ty Bailey
Defendant; M5101 56606”, R.D., L.D. am] Nichole Anguiam, R.D., L.D. Motion
’5 2‘0Trcmg’er Venue
Page 4
Preview
FILED 4/17/2020 3:12PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Dorothy Strogen DEPUTY Cause N0. DC-20-00255 Amy Wickersham and In the District Court Perry Wickersham V. of Dallas County, Texas Benjamin Brashear, M.D., Garry Guce, M.D., Daniel Scheurich, M.D., Gustavo N. Del Toro, D.O., Paul A. Guttuso, M.D., Paul A. Guttuso, M.D., Christina D. Wright, R.D., Brashear Family Medical, P.A., Wellmed Medical Group, P.A., d/b/a Wellmed at Kaufman, Sound Inpatient Physicians Inc., Dr. Garry Guce & Associates, PLLC, Texas Health Physicians Group, Lumincare Physician Group, P.A., wmwmwwwwwmwwwwwwwmwwwwwmwmwwwmwmwwwww Aramark Healthcare Support Services, LLC, Texas Health Presbyterian Kaufman, Erik Tijerina, F.N.P., Sunflower Park Health Care, HealthTexas Provider Network d/b/a Baylor Scott & White Primary Care Associates, Stephen Royce Parish, M.D., Usman Chaudhry, M.D., Delano Soriano Fabro, J12, D.O., Mary Schoen, R.D., L.D., Nichole Anguiano, R.D., L.D., Yousef Abou-Kayyas, M.D., HealthTexas Provider Network d/b/a Baylor Scott & White Pulmonary Care Consultants, Texas Allergy & Breathing Centers, P.A., and Rockwall Regional Hospital, LLC d/b/a Texas Health Presbyterian Hospital Rockwall 44th Judicial District Defendants Mary Schoen, R.D., L.D. and Nichole Anguiano, R.D., L.D.’s Motion to Transfer Venue Defendants Mary Schoen, R.D., L.D. and Nichole Anguiano, R.D., L.D., prior to the filing of any other pleading, file this Motion to Transfer Venue and ask that the lawsuit be transferred to Defendant; M5101 56606”, R.D., L.D. am] Nichole Anguiam, R.D., L.D. Motion ’5 2‘0Trcmg’er Venue Page 7 Rockwall County, Texas. Introduction Plaintiffs filed a health care liability claim concerning medical care rendered to Amy Wickersham. The medical care at issue occurred in Kaufman County and Rockwall County, Texas. But Plaintiffs filed suit in Dallas County, Texas. Upon information and belief, the majority of interested parties and witnesses reside and work in Kaufman County and Rockwall County, Texas. And maintenance of the lawsuit would work an undue hardship on the parties. Accordingly, the Court should transfer the lawsuit to Rockwall County. The Texas Venue Statute Allows Transfer to Rockwall County A. Rockwall County is a proper venue for the dispute. The Wickershams contend multiple health care providers were negligent in the care and treatment of Amy Wickersham. See Plaintiffs’ Second Amended Original Petition at pp. 15–19, ¶¶ 76–89. The care at issue occurred in Kaufman and Rockwall Counties. See Plaintiffs’ Second Amended Original Petition at pp. 5–15, ¶¶ 31–74. Because a substantial part of the events or omissions giving rise to the claims occurred in Rockwall County, Rockwall County is a proper venue for the lawsuit. TEX. CIV. PRAC. & REM. CODE § 15.002(a)(1). Additionally, Defendants Mary Schoen, R.D., L.D. and Nichole Anguiano, R.D., L.D. are residents of Rockwall County and Texas Health Presbyterian Hospital Rockwall, Defendants’ employer, is in Rockwall County. Therefore, Rockwall County is a proper venue for the lawsuit. TEX. CIV. PRAC. & REM. CODE § 15.002(a)(2). B. Rockwall County is more convenient for the parties and witnesses. Texas law provides that this Court may, for the convenience of parties and witnesses and in the interests of justice, transfer venue to Rockwall County. See TEX. CIV. PRAC. & REM. CODE § 15.002(b). Maintenance of this lawsuit in Dallas County would work an injustice to Defendants Defendants Mary Schoen, R.D., L.D. and Nichole Anguiano, R.D., L.D.’s Motion to Transfer Venue Page 2 and cause economic and personal hardship to multiple witnesses. Conversely, a transfer of this action to Rockwall County would not work an injustice to the Wickershams nor impose a hardship on them, as they are residents of adjacent Kaufman County. In addition, the balance of interests of all the parties predominates in favor of the action being transferred to Rockwall County. Rockwall County isa more convenient venue for this action than Dallas County because, upon information and belief, a substantial number of the parties and key witnesses reside or work in Rockwall County. Conclusion Because Defendants reside in Rockwall County, because their employer Texas Health Presbyterian Hospital Rockwall is in Rockwall County, because a large portion of the medical care in question took place in Rockwall County, and because many of the parties and witnesses live and work in Rockwall County, the Court should—for the convenience of the parties and witnesses and in the interest of justice—transfer the lawsuit from Dallas County to Rockwall County. Alternatively, the Court should transfer venue to Kaufman County—also a proper venue— for the convenience of the parties and witnesses because: maintenance of the action in Dallas County would work an injustice to the parties; the balance of interests of all parties predominates in favor the suit being brought in Kaufman County, and the transfer of the case would not work an injustice to any party. Indeed, the Plaintiffs themselves reside in Kaufman County, Texas. Defendants Mary Schoen, R.D., L.D. and Nichole Anguiano, R.D., L.D.’s Motion to Transfer Venue Page 3 Prayer Defendants Mary Schoen, R.D., L.D. and Nichole Anguiano, R.D., L.D. respectfully request that the Court: (1) grant this Motion to Transfer Venue; (2) order this case be transferred from Dallas County, Texas to Rockwall County, Texas (or alternatively, to Kaufman County, Texas); and (3) grant all other relief t0 Which Defendants may be entitled. Respectfully Submitted, THIEBAUD REMINGTON THORNTON BAILEY LLP By: /s/ T91 Bailey Ty Bailey State Bar N0. 00796153 tbaflev@trtblaw.com Lexi Henke State Bar No. 24106077 lhenke@trtblaw.com 4849 Greenvflle Avenue, Suite 1150 Dallas, Texas 75206 (214) 954—2200 (214) 754—0999 (fax) Attorneys for Defendants Mary Schoen, R.D., L.D., Nichole Anguiano, R.D., L.D., and Rockwall Regional Hospital, LLC d/b/a Texas Health Presbyterian Hospital Rockwall Certificate of Service The undersigned certifies that on the 17th day April 2020, a true and correct copy 0f the foregoing document was delivered Via electronic service to allknown counsel 0f record. /s/ Ty Bailey Ty Bailey Defendant; M5101 56606”, R.D., L.D. am] Nichole Anguiam, R.D., L.D. Motion ’5 2‘0Trcmg’er Venue Page 4