Preview
FILED
8/3/2020 1:49PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO.,TEXAS
DEPUTY
Kellie Juricek
CAUSE NO. DC-20-09420
ROZ C. LYLES, INDIVIDUALLY AND AS § IN THE DISTRICT COURT
REPRESENTATIVE OF THE ESTATE OF §
WILLIAM LYLES, DECEASED §
§
V. §
44TH JUDICIAL DISTRICT
§
SSC MCKINNEY OPERATING §
COMPANY, LLC d/b/a NORTH PARK §
HEALTH AND REHABILITATION CENTER; §
MPD OPERATORS MCKINNEY, LLC d/b/a §
BELTERRA HEALTH & REHAB; ZAHID N. §
ZAFAR, MD; MOBILE MD PA; MOSES J. §
KENG, JR, MD, and ALLEN J. FRAZIER, RN § DALLAS COUNTY, TEXAS
DEFENDANTS MPD OPERATORS MCKINNEY, LLC d/b/a
BELTERRA HEALTH & REHAB AND ALLEN FRAZIER, RN’S
MOTION TO TRANSFER VENUE, and
SUBJECT TO MOTION TO TRANSFER VENUE,
ORIGINAL ANSWER AND REQUEST FOR JURY TRIAL
COME NOW Defendants MPD Operators McKinney, LLC d/b/a Belterra Health & Rehab,
and Allen Frazier, RN, and file this Motion t0 Transfer Venue; and would respectfully show:
MOTION TO TRANSFER VENUE
I.
Defendants obj ect t0 venue in Dallas County, the county in which this action was
instituted, on grounds that no mandatory-venue provision 0r permissive-venue provision requires
this action be maintained in Dallas County. Dallas County is not a county of proper venue because
n0 part 0f the alleged cause of action against these Defendants occurred in Dallas County, and
Dallas County is an inconvenient venue Which will place economic and personal hardship 0n the
parties.
DEFENDANTS MPD OPERATORS d/b/a BELTERRA HEALTH & REHAB AND ALLEN FRAZIER, RN’S
MOTION TO TRANSFER VENUE, and, SUBJECT TO MOTION TO TRANSFER VENUE,
ORIGINAL ANSWER AND REQUEST FOR JURY TRIAL
512184/025.0036 Page 1
II.
This suit alleges personal injury and seeks damages arising out of an incident occurring in
McKinney, Texas. Defendants aver that all matters in litigation as well as the injury resulting from
the incident in question on which Plaintiff=s suit is predicated did not occur in Dallas County,
Texas; that all alleged acts, omissions, and damages referable t0 the incident in question occurred
in Collin County, Texas. Defendants did not provide relevant medical services within Dallas
County and all alleged acts and/or omissions enumerated in P1aintiff=s Original Petition occurred
in Collin County, Texas.
III.
Defendants move to transfer venue pursuant t0 TEX. CIV. PRAC. & REM. CODE § 15.002(b)
because maintenance 0f the action in Dallas County would work an injustice t0 Defendants, the
balance 0f interests of all the parties predominates in favor 0fthe action being adjudicated in Collin
County, and the transfer of this action would work n0 injustice t0 any party.
IV.
Defendant moves this Court to transfer venue to Collin County, Texas, pursuant to Section
15.002(b) 0f the Texas Civil Practice and Remedies Code:
(b) For the convenience 0f the parties and Witnesses and in the interest of justice, a
court may transfer an action from a county 0f proper venue under this subchapter
[i.e., subchapter A, General Rules] 0r Subchapter C [Permissive Venue] to any
other county of proper venue 0n motion 0f a defendant filed and served
concurrently with 0r before the filing 0f the answer, where the court finds:
(1) maintenance of the action in the county of suit would work an injustice t0
the movant considering the movant=s economic and personal hardship;
DEFENDANTS MPD OPERATORS d/b/a BELTERRA HEALTH & REHAB AND ALLEN FRAZIER, RN’S
MOTION TO TRANSFER VENUE, and, SUBJECT TO MOTION TO TRANSFER VENUE,
ORIGINAL ANSWER AND REQUEST FOR JURY TRIAL
512184/025.0036 Page 2
(2) the balance 0f interests of all the parties predominates in factor 0f the action
being brought in the other county; and
(3) the transfer 0f the action would not work an injustice t0 any other party.
TEX. CIV. PRAC. & REM. CODE §15.002(b).
(1) Injustice to Movant. Maintenance of this suit in Dallas County will cause
considerable inconvenience to the multiple Witnesses who will likely be called to testify at trial
and Who reside and work in Collin County, Texas. Maintenance of this suit in Dallas County will
also work a hardship 0n Defendants, Who Will be required t0 defend this suit in Dallas County
when many 0f the witnesses and all relevant evidence is located in Collin County, requiring
unnecessary travel expenses t0 be incurred With respect t0 Defendants and Defendants’ Witnesses.
(2) Balance 0f Interests Predominates in Favor 0f Collin County. The balance of
interests 0f allthe parties in this action predominates in favor 0f the action being transferred t0
Collin County. Plaintiff’ s pleading reflects that all alleged acts 01'omissions on Which her claims
are based took place in Collin County, Texas. Plaintiff” s choice of venue herein to the extent such
constitutes mere forum shopping should not be favored by this Court. There is n0 rational basis
for the maintenance 0f this action in Dallas County, Texas, When all events giving rise t0 the
alleged cause 0f action occurred, if at all, in Collin County, Texas, as did resulting alleged
damages.
(3) Transfer 0f the action would not work an injustice to any other party. There is no
factual basis t0 suggest that litigation 0f this matter in Collin County would work an injustice to
any party 0r Witness. Accordingly, transfer of this action would not work an injustice to any other
party.
DEFENDANTS MPD OPERATORS d/b/a BELTERRA HEALTH & REHAB AND ALLEN FRAZIER, RN’S
MOTION TO TRANSFER VENUE, and, SUBJECT TO MOTION TO TRANSFER VENUE,
ORIGINAL ANSWER AND REQUEST FOR JURY TRIAL
512184/025.0036 Page 3
WHEREFORE, PREMISES CONSIDERED, Defendants MPD Operators McKinney,
LLC d/b/a Belterra Health & Rehab, and Allen Frazier, RN, request this action be transferred t0 a
court 0f Collin County, Texas pursuant t0 Texas Civil Practices and Remedies Code §15.002(b).
Wherefore, Defendants request this matter be set for hearing with notice to all parties, and that
upon hearing the court grant Defendants’ Motion to Transfer Venue and transfer this cause 0f
action to Collin County, Texas, and that Defendants MPD Operators McKinney, LLC d/b/a
Belterra Health & Rehab, and Allen Frazier, RN, have such other further relief t0 which they may
be justly entitled.
DEFENDANTS’ ORIGINAL ANSWER AND REQUEST
FOR JURY TRIAL, SUBJECT TO MOTION TO TRANSFER VENUE
COME NOW MPD Operators McKinney, LLC d/b/a Belterra Health & Rehab, and Allen
Frazier, RN, Defendants in the above-entitled and numbered cause, and file this Original Answer
and Request for Jury Trial, and would respectfully show:
I.
Pursuant to Rule 92 0f the TEXAS RULES OF CIVIL PROCEDURE, Defendants generally deny
each and every, all and singular, the allegations 0f Plaintiffs Original Petition and demand strict
proof thereof.
II.
Defendants deny commission 0f any act or omission that would constitute negligence With
respect t0 the patient care services provided by Defendants involved herein.
DEFENDANTS MPD OPERATORS d/b/a BELTERRA HEALTH & REHAB AND ALLEN FRAZIER, RN’S
MOTION TO TRANSFER VENUE, and, SUBJECT TO MOTION TO TRANSFER VENUE,
ORIGINAL ANSWER AND REQUEST FOR JURY TRIAL
512184/025.0036 Page 4
III.
Defendants state the medical procedures and patient care services performed by MPD
Operators McKinney, LLC d/b/a Belterra Health & Rehab, and Allen Frazier, RN, were at all times
and in all respects in conformity with the applicable standard of care.
IV.
Defendants are healthcare providers as defined by TEX. CIV. PRAC. & REM. CODE §
74.001(12)(a). Accordingly, this case is governed by Chapter 74 of the TEX. CIV. PRAC. & REM.
CODE and Defendants invoke each 0f the provisions set forth therein.
V.
Defendants plead the limitation of liability and damages provisions 0f the TEX. CIV. PRAC.
& REM. CODE, as set forth in Chapter 41 and Chapter 74, specifically including, Without limitation,
those set forth in §41.008; §41.0105; §74.301-74.303; and if applicable and requested, §74.501—
74.507.
VI.
Defendants assert the limitations set forth in Section 41 .007 0fthe TEX. CIV. PRAC. & REM.
CODE and Section 304.101-304.102 of the TEX. FIN. CODE With respect t0 pre-judgment interest
sought by Plaintiff.
VII.
Should Plaintiff compromise 0r settle her claims and/or causes 0f action against any other
person or party, Defendants reserve their right and option to receive a credit, a percentage
reduction, 0r any other appropriate relief With respect t0 such settlement in accordance With
Chapters 32 and 33, TEX. CIV. PRAC. & REM. CODE. Solely to preserve Defendants’ procedural
DEFENDANTS MPD OPERATORS d/b/a BELTERRA HEALTH & REHAB AND ALLEN FRAZIER, RN’S
MOTION TO TRANSFER VENUE, and, SUBJECT TO MOTION TO TRANSFER VENUE,
ORIGINAL ANSWER AND REQUEST FOR JURY TRIAL
512184/025.0036 Page 5
rights and remedies with respect to submission of comparative fault/proportionate responsibility
should such settlements be effectuated, Defendants state that any such settling persons or parties
negligently caused the damages made the basis 0f Plaintiff s claims herein.
VIII.
Defendants state that the provisions of Chapter 41 of the TEX. CIV. PRAC. & REM. CODE
limit Plaintiff’s right t0 recover exemplary damages, if any, to no more than the liability cap
provided for by Chapter 41 of the TEX. CIV. PRAC. & REM. CODE, and t0 those conditions
prescribed by Chapter 41 of the TEX. CIV. PRAC. & REM. CODE. In the highly unlikely event
Plaintiff” s pleadings and evidence are sufficient t0 raise aprimafacie cause of action for exemplary
damages sufficient t0 Withstand rigorous appellate scrutiny, Defendants state that Section
41.003(d)-(e) is applicable t0 any issue submitted t0 the jury.
IX.
Requests for Disclosure
Pursuant t0 TEXAS RULE OF CIVIL PROCEDURE 194, Defendants request that Plaintiff,
Within thirty (30) days 0f service of this request, furnish the information 0r material described in
Rule 194.2(a) -
(1).
X.
Request for Jurv Trial
Defendants request this matter be tried before a jury and submit herewith the required jury
fee.
DEFENDANTS MPD OPERATORS d/b/a BELTERRA HEALTH & REHAB AND ALLEN FRAZIER, RN’S
MOTION TO TRANSFER VENUE, and, SUBJECT TO MOTION TO TRANSFER VENUE,
ORIGINAL ANSWER AND REQUEST FOR JURY TRIAL
512184/025.0036 Page 6
XI.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Defendants pray that Plaintiff take nothing
by her suit herein, that Defendants g0 hence with their costs, and that Defendants be given such
other and further relief to which they may be justly entitled.
Respectfully submitted,
/S/ Susan C. Cooley
SUSAN C. COOLEY
State Bar No. 00793546
scooley@schellcooley.c0m
CASEY C. CAMPBELL
State Bar No. 24064997
ccampbell@schellcooley.com
KRISTIN G. MIJARES
State Bar N0. 24103819
kmijares@schellcooley.com
SCHELL COOLEY RYAN CAMPBELL LLP
5057 Keller Springs Road, Suite 425
Addison, Texas 75001
(214) 665-2000
(214) 754-0060 FAX
ATTORNEYS FOR DEFENDANTS
MPD OPERATORS MCKINNEY d/b/a
BELTERRA HEALTH & REHAB and
ALLEN FRAZIER, RN
DEFENDANTS MPD OPERATORS d/b/a BELTERRA HEALTH & REHAB AND ALLEN FRAZIER, RN’S
MOTION TO TRANSFER VENUE, and, SUBJECT TO MOTION TO TRANSFER VENUE,
ORIGINAL ANSWER AND REQUEST FOR JURY TRIAL
512184/025.0036 Page 7
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing document was
served electronically on all counsel of record in accordance with the Texas Rules of Civil
Procedure, on this 3rd day of August, 2020.
/S/Susan C. Cooley
SUSAN C. COOLEY
Via eFile:
Ms. Maria Wormington
Ms. Amy Bryant Lauten
Wormington & Bollinger
212 East Virginia Street
McKinney, TX 75069
maria@w0rmingt0nlegal.com
amy@w0rmingt0nlegal.com
Via eFile:
Ms. Heather A. Kanny
Ms. Ashely E. Miller
Mayer LLP
750 N. Saint Paul St, Ste. 900
Dallas, TX 75201
hkanny@mayerllp. com
amiller@mayerllp.com
DEFENDANTS MPD OPERATORS d/b/a BELTERRA HEALTH & REHAB AND ALLEN FRAZIER, RN’S
MOTION TO TRANSFER VENUE, and, SUBJECT TO MOTION TO TRANSFER VENUE,
ORIGINAL ANSWER AND REQUEST FOR JURY TRIAL
512184/025.0036 Page 8
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.
Casey Campbell on behalf of Casey Campbell
Bar No. 24064997
ccampbell@schellcooley.com
Envelope ID: 45043799
Status as of 08/04/2020 08:50:37 AM -O5:OO
Associated Case Party: ROZCLYLES
Name BarNumber Email TimestampSubmitted Status
Maria Wormington maria@wormingtonlega|.com 8/3/2020 1:49:29 PM SENT
Amy Lauten amy@wormingtonlegal.com 8/3/2020 1:49:29 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Heather Kanny hkanny@mayerl|p.com 8/3/2020 1:49:29 PM SENT
Ashley Miller amiller@mayerl|p.com 8/3/2020 1:49:29 PM SENT
Angela Herrington aherrington@mayerllp.com 8/3/2020 1:49:29 PM SENT
KristiFreeman kfreeman@mayerllp.com 8/3/2020 1:49:29 PM SENT
Lee Patterson |patterson@mayerllp.com 8/3/2020 1:49:29 PM SENT
Casey C.Campbel| ccampbell@schellcooley.com 8/3/2020 1:49:29 PM SENT
Cheryl Chollar cchollar@schellcooley.com 8/3/2020 1:49:29 PM SENT
Kristin Mijares kmijares@schellcooley.com 8/3/2020 1:49:29 PM SENT
Kimi Reeves kreeves@schellcooley.com 8/3/2020 1:49:29 PM SENT
Susan Cooley scooley@schellcooley.com 8/3/2020 1:49:29 PM SENT
Jeanne Axelrod jaxelrod@schellcooley.com 8/3/2020 1:49:29 PM SENT
Preview
FILED 8/3/2020 1:49PM FELICIA PITRE DISTRICT CLERK DALLAS CO.,TEXAS DEPUTY Kellie Juricek CAUSE NO. DC-20-09420 ROZ C. LYLES, INDIVIDUALLY AND AS § IN THE DISTRICT COURT REPRESENTATIVE OF THE ESTATE OF § WILLIAM LYLES, DECEASED § § V. § 44TH JUDICIAL DISTRICT § SSC MCKINNEY OPERATING § COMPANY, LLC d/b/a NORTH PARK § HEALTH AND REHABILITATION CENTER; § MPD OPERATORS MCKINNEY, LLC d/b/a § BELTERRA HEALTH & REHAB; ZAHID N. § ZAFAR, MD; MOBILE MD PA; MOSES J. § KENG, JR, MD, and ALLEN J. FRAZIER, RN § DALLAS COUNTY, TEXAS DEFENDANTS MPD OPERATORS MCKINNEY, LLC d/b/a BELTERRA HEALTH & REHAB AND ALLEN FRAZIER, RN’S MOTION TO TRANSFER VENUE, and SUBJECT TO MOTION TO TRANSFER VENUE, ORIGINAL ANSWER AND REQUEST FOR JURY TRIAL COME NOW Defendants MPD Operators McKinney, LLC d/b/a Belterra Health & Rehab, and Allen Frazier, RN, and file this Motion t0 Transfer Venue; and would respectfully show: MOTION TO TRANSFER VENUE I. Defendants obj ect t0 venue in Dallas County, the county in which this action was instituted, on grounds that no mandatory-venue provision 0r permissive-venue provision requires this action be maintained in Dallas County. Dallas County is not a county of proper venue because n0 part 0f the alleged cause of action against these Defendants occurred in Dallas County, and Dallas County is an inconvenient venue Which will place economic and personal hardship 0n the parties. DEFENDANTS MPD OPERATORS d/b/a BELTERRA HEALTH & REHAB AND ALLEN FRAZIER, RN’S MOTION TO TRANSFER VENUE, and, SUBJECT TO MOTION TO TRANSFER VENUE, ORIGINAL ANSWER AND REQUEST FOR JURY TRIAL 512184/025.0036 Page 1 II. This suit alleges personal injury and seeks damages arising out of an incident occurring in McKinney, Texas. Defendants aver that all matters in litigation as well as the injury resulting from the incident in question on which Plaintiff=s suit is predicated did not occur in Dallas County, Texas; that all alleged acts, omissions, and damages referable t0 the incident in question occurred in Collin County, Texas. Defendants did not provide relevant medical services within Dallas County and all alleged acts and/or omissions enumerated in P1aintiff=s Original Petition occurred in Collin County, Texas. III. Defendants move to transfer venue pursuant t0 TEX. CIV. PRAC. & REM. CODE § 15.002(b) because maintenance 0f the action in Dallas County would work an injustice t0 Defendants, the balance 0f interests of all the parties predominates in favor 0fthe action being adjudicated in Collin County, and the transfer of this action would work n0 injustice t0 any party. IV. Defendant moves this Court to transfer venue to Collin County, Texas, pursuant to Section 15.002(b) 0f the Texas Civil Practice and Remedies Code: (b) For the convenience 0f the parties and Witnesses and in the interest of justice, a court may transfer an action from a county 0f proper venue under this subchapter [i.e., subchapter A, General Rules] 0r Subchapter C [Permissive Venue] to any other county of proper venue 0n motion 0f a defendant filed and served concurrently with 0r before the filing 0f the answer, where the court finds: (1) maintenance of the action in the county of suit would work an injustice t0 the movant considering the movant=s economic and personal hardship; DEFENDANTS MPD OPERATORS d/b/a BELTERRA HEALTH & REHAB AND ALLEN FRAZIER, RN’S MOTION TO TRANSFER VENUE, and, SUBJECT TO MOTION TO TRANSFER VENUE, ORIGINAL ANSWER AND REQUEST FOR JURY TRIAL 512184/025.0036 Page 2 (2) the balance 0f interests of all the parties predominates in factor 0f the action being brought in the other county; and (3) the transfer 0f the action would not work an injustice t0 any other party. TEX. CIV. PRAC. & REM. CODE §15.002(b). (1) Injustice to Movant. Maintenance of this suit in Dallas County will cause considerable inconvenience to the multiple Witnesses who will likely be called to testify at trial and Who reside and work in Collin County, Texas. Maintenance of this suit in Dallas County will also work a hardship 0n Defendants, Who Will be required t0 defend this suit in Dallas County when many 0f the witnesses and all relevant evidence is located in Collin County, requiring unnecessary travel expenses t0 be incurred With respect t0 Defendants and Defendants’ Witnesses. (2) Balance 0f Interests Predominates in Favor 0f Collin County. The balance of interests 0f allthe parties in this action predominates in favor 0f the action being transferred t0 Collin County. Plaintiff’ s pleading reflects that all alleged acts 01'omissions on Which her claims are based took place in Collin County, Texas. Plaintiff” s choice of venue herein to the extent such constitutes mere forum shopping should not be favored by this Court. There is n0 rational basis for the maintenance 0f this action in Dallas County, Texas, When all events giving rise t0 the alleged cause 0f action occurred, if at all, in Collin County, Texas, as did resulting alleged damages. (3) Transfer 0f the action would not work an injustice to any other party. There is no factual basis t0 suggest that litigation 0f this matter in Collin County would work an injustice to any party 0r Witness. Accordingly, transfer of this action would not work an injustice to any other party. DEFENDANTS MPD OPERATORS d/b/a BELTERRA HEALTH & REHAB AND ALLEN FRAZIER, RN’S MOTION TO TRANSFER VENUE, and, SUBJECT TO MOTION TO TRANSFER VENUE, ORIGINAL ANSWER AND REQUEST FOR JURY TRIAL 512184/025.0036 Page 3 WHEREFORE, PREMISES CONSIDERED, Defendants MPD Operators McKinney, LLC d/b/a Belterra Health & Rehab, and Allen Frazier, RN, request this action be transferred t0 a court 0f Collin County, Texas pursuant t0 Texas Civil Practices and Remedies Code §15.002(b). Wherefore, Defendants request this matter be set for hearing with notice to all parties, and that upon hearing the court grant Defendants’ Motion to Transfer Venue and transfer this cause 0f action to Collin County, Texas, and that Defendants MPD Operators McKinney, LLC d/b/a Belterra Health & Rehab, and Allen Frazier, RN, have such other further relief t0 which they may be justly entitled. DEFENDANTS’ ORIGINAL ANSWER AND REQUEST FOR JURY TRIAL, SUBJECT TO MOTION TO TRANSFER VENUE COME NOW MPD Operators McKinney, LLC d/b/a Belterra Health & Rehab, and Allen Frazier, RN, Defendants in the above-entitled and numbered cause, and file this Original Answer and Request for Jury Trial, and would respectfully show: I. Pursuant to Rule 92 0f the TEXAS RULES OF CIVIL PROCEDURE, Defendants generally deny each and every, all and singular, the allegations 0f Plaintiffs Original Petition and demand strict proof thereof. II. Defendants deny commission 0f any act or omission that would constitute negligence With respect t0 the patient care services provided by Defendants involved herein. DEFENDANTS MPD OPERATORS d/b/a BELTERRA HEALTH & REHAB AND ALLEN FRAZIER, RN’S MOTION TO TRANSFER VENUE, and, SUBJECT TO MOTION TO TRANSFER VENUE, ORIGINAL ANSWER AND REQUEST FOR JURY TRIAL 512184/025.0036 Page 4 III. Defendants state the medical procedures and patient care services performed by MPD Operators McKinney, LLC d/b/a Belterra Health & Rehab, and Allen Frazier, RN, were at all times and in all respects in conformity with the applicable standard of care. IV. Defendants are healthcare providers as defined by TEX. CIV. PRAC. & REM. CODE § 74.001(12)(a). Accordingly, this case is governed by Chapter 74 of the TEX. CIV. PRAC. & REM. CODE and Defendants invoke each 0f the provisions set forth therein. V. Defendants plead the limitation of liability and damages provisions 0f the TEX. CIV. PRAC. & REM. CODE, as set forth in Chapter 41 and Chapter 74, specifically including, Without limitation, those set forth in §41.008; §41.0105; §74.301-74.303; and if applicable and requested, §74.501— 74.507. VI. Defendants assert the limitations set forth in Section 41 .007 0fthe TEX. CIV. PRAC. & REM. CODE and Section 304.101-304.102 of the TEX. FIN. CODE With respect t0 pre-judgment interest sought by Plaintiff. VII. Should Plaintiff compromise 0r settle her claims and/or causes 0f action against any other person or party, Defendants reserve their right and option to receive a credit, a percentage reduction, 0r any other appropriate relief With respect t0 such settlement in accordance With Chapters 32 and 33, TEX. CIV. PRAC. & REM. CODE. Solely to preserve Defendants’ procedural DEFENDANTS MPD OPERATORS d/b/a BELTERRA HEALTH & REHAB AND ALLEN FRAZIER, RN’S MOTION TO TRANSFER VENUE, and, SUBJECT TO MOTION TO TRANSFER VENUE, ORIGINAL ANSWER AND REQUEST FOR JURY TRIAL 512184/025.0036 Page 5 rights and remedies with respect to submission of comparative fault/proportionate responsibility should such settlements be effectuated, Defendants state that any such settling persons or parties negligently caused the damages made the basis 0f Plaintiff s claims herein. VIII. Defendants state that the provisions of Chapter 41 of the TEX. CIV. PRAC. & REM. CODE limit Plaintiff’s right t0 recover exemplary damages, if any, to no more than the liability cap provided for by Chapter 41 of the TEX. CIV. PRAC. & REM. CODE, and t0 those conditions prescribed by Chapter 41 of the TEX. CIV. PRAC. & REM. CODE. In the highly unlikely event Plaintiff” s pleadings and evidence are sufficient t0 raise aprimafacie cause of action for exemplary damages sufficient t0 Withstand rigorous appellate scrutiny, Defendants state that Section 41.003(d)-(e) is applicable t0 any issue submitted t0 the jury. IX. Requests for Disclosure Pursuant t0 TEXAS RULE OF CIVIL PROCEDURE 194, Defendants request that Plaintiff, Within thirty (30) days 0f service of this request, furnish the information 0r material described in Rule 194.2(a) - (1). X. Request for Jurv Trial Defendants request this matter be tried before a jury and submit herewith the required jury fee. DEFENDANTS MPD OPERATORS d/b/a BELTERRA HEALTH & REHAB AND ALLEN FRAZIER, RN’S MOTION TO TRANSFER VENUE, and, SUBJECT TO MOTION TO TRANSFER VENUE, ORIGINAL ANSWER AND REQUEST FOR JURY TRIAL 512184/025.0036 Page 6 XI. PRAYER WHEREFORE, PREMISES CONSIDERED, Defendants pray that Plaintiff take nothing by her suit herein, that Defendants g0 hence with their costs, and that Defendants be given such other and further relief to which they may be justly entitled. Respectfully submitted, /S/ Susan C. Cooley SUSAN C. COOLEY State Bar No. 00793546 scooley@schellcooley.c0m CASEY C. CAMPBELL State Bar No. 24064997 ccampbell@schellcooley.com KRISTIN G. MIJARES State Bar N0. 24103819 kmijares@schellcooley.com SCHELL COOLEY RYAN CAMPBELL LLP 5057 Keller Springs Road, Suite 425 Addison, Texas 75001 (214) 665-2000 (214) 754-0060 FAX ATTORNEYS FOR DEFENDANTS MPD OPERATORS MCKINNEY d/b/a BELTERRA HEALTH & REHAB and ALLEN FRAZIER, RN DEFENDANTS MPD OPERATORS d/b/a BELTERRA HEALTH & REHAB AND ALLEN FRAZIER, RN’S MOTION TO TRANSFER VENUE, and, SUBJECT TO MOTION TO TRANSFER VENUE, ORIGINAL ANSWER AND REQUEST FOR JURY TRIAL 512184/025.0036 Page 7 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing document was served electronically on all counsel of record in accordance with the Texas Rules of Civil Procedure, on this 3rd day of August, 2020. /S/Susan C. Cooley SUSAN C. COOLEY Via eFile: Ms. Maria Wormington Ms. Amy Bryant Lauten Wormington & Bollinger 212 East Virginia Street McKinney, TX 75069 maria@w0rmingt0nlegal.com amy@w0rmingt0nlegal.com Via eFile: Ms. Heather A. Kanny Ms. Ashely E. Miller Mayer LLP 750 N. Saint Paul St, Ste. 900 Dallas, TX 75201 hkanny@mayerllp. com amiller@mayerllp.com DEFENDANTS MPD OPERATORS d/b/a BELTERRA HEALTH & REHAB AND ALLEN FRAZIER, RN’S MOTION TO TRANSFER VENUE, and, SUBJECT TO MOTION TO TRANSFER VENUE, ORIGINAL ANSWER AND REQUEST FOR JURY TRIAL 512184/025.0036 Page 8 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. Casey Campbell on behalf of Casey Campbell Bar No. 24064997 ccampbell@schellcooley.com Envelope ID: 45043799 Status as of 08/04/2020 08:50:37 AM -O5:OO Associated Case Party: ROZCLYLES Name BarNumber Email TimestampSubmitted Status Maria Wormington maria@wormingtonlega|.com 8/3/2020 1:49:29 PM SENT Amy Lauten amy@wormingtonlegal.com 8/3/2020 1:49:29 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Heather Kanny hkanny@mayerl|p.com 8/3/2020 1:49:29 PM SENT Ashley Miller amiller@mayerl|p.com 8/3/2020 1:49:29 PM SENT Angela Herrington aherrington@mayerllp.com 8/3/2020 1:49:29 PM SENT KristiFreeman kfreeman@mayerllp.com 8/3/2020 1:49:29 PM SENT Lee Patterson |patterson@mayerllp.com 8/3/2020 1:49:29 PM SENT Casey C.Campbel| ccampbell@schellcooley.com 8/3/2020 1:49:29 PM SENT Cheryl Chollar cchollar@schellcooley.com 8/3/2020 1:49:29 PM SENT Kristin Mijares kmijares@schellcooley.com 8/3/2020 1:49:29 PM SENT Kimi Reeves kreeves@schellcooley.com 8/3/2020 1:49:29 PM SENT Susan Cooley scooley@schellcooley.com 8/3/2020 1:49:29 PM SENT Jeanne Axelrod jaxelrod@schellcooley.com 8/3/2020 1:49:29 PM SENT