On January 08, 2019 a
MTN:ABATE/STAY
was filed
involving a dispute between
Matias , Cindy,
and
Bump Ccp , Lilibett,
Culverwell Rn , Sherry Ann,
Delarose , Laura Marie,
Hancock Friesen , Camille,
Mcwhirter Crna , Cynthia Ann,
Park , Augustine Sewon,
Schlechter , Robert David,
Seton Family Of Hospitals,
Ut Southwestern Health Systems,
Wagner Ccp , John Kirt,
for MEDICAL MALPRACTICE (GEN LIT )
in the District Court of Travis County.
Preview
3/18/2019 10:09 AM
Velva L. Price
District Clerk
Travis County
THIS DOCUMENT CONTAINS SENSITIVE DATA D-1-GN-19-000144
Hector Gaucin-Tijerina
e
CAUSE NO. D-1-GN-19-000144
ic
Pr
CINDY MATIAS, Individually and as § IN THE DISTRICT COURT OF
Representative of the Estate of SINDY §
L.
IVERY, DECEASED MINOR, §
Plaintiff §
a
§
lv
v. §
§
Ve
SETON FAMILY OF HOSPITALS d/b/a §
DELL CHILDREN’S MEDICAL CENTER §
k
OF CENTRAL TEXAS; UT SOUTHWESTERN §
er
HEALTH SYSTEMS d/b/a UT § TRAVIS COUNTY, TEXAS
SOUTHWESTERN MEDICAL CENTER §
Cl
CAMILLE HANCOCK FRIESEN, M.D.; §
AUGUSTINE SEWON PARK, M.D.; §
ROBERT DAVID SCHLECHTER, M.D.; §
ct
tri
JOHN KIRT WAGNER, C.C.P.; §
LILIBETT BUMP, C.C.P.; §
is
SHERRY ANN CULVERWELL, R.N.; §
D
LAURA MARIE DELAROSE, R.N.; and §
CYNTHIA ANN MCWHIRTER, C.R.N.A.; §
.
98TH JUDICIAL DISTRICT
Co
Defendants §
DEFENDANTS AUGUSTINE SEWON PARK, M.D. and
is
CYNTHIA ANN MCWHIRTER, C.R.N.A.’S MOTION TO STAY DISCOVERY
PURSUANT TO TEX. CIV. PRAC. & REM. CODE §74.351(s)
av
Tr
TO THE HONORABLE JUDGE OF SAID COURT:
y
COMES NOW, AUGUSTINE SEWON PARK, M.D. and CYNTHIA ANN
op
MCWHIRTER, C.R.N.A., hereinafter referred to below as defendants, in the above styled
l c
and numbered cause, and files this their Motion to Stay Discovery Pursuant to TEX. CIV.
ia
fic
PRAC. & REM. CODE § 74.351(s) and shows the court as follows:
of
Plaintiff, Cindy Matias, Individually and as Representative of the Estate of Sindy
Un
Ivery, Deceased Minor, filed requests for disclosures and requests for admissions to
defendants with the petition. Pursuant to §74.351(s), until plaintiff has served a compliant
expert report and curriculum vitae, almost all discovery is stayed in the case. Although this
e
stay is automatic, defendants file this motion to protect themselves from the need to
ic
Pr
prepare objections and responses to the requests for admissions to defendants attached to
L.
the petition as they do not fall into the category of discovery permitted under §74.351(s).
a
These requests are also patently unfair as they ask for conclusions without adequate time
lv
for discovery or review of records, etc., by the defendants. Defendants also object on this
Ve
basis. In abundance of caution, defendants have served objections to the request for
k
er
admissions themselves subject to and without waiving this motion to stay discovery.
Cl
Additionally, in paragraph 58 of her original petition, plaintiff requests available dates
ct
for the depositions of the following individuals
tri be provided within 15 days of each
defendant’s respective discovery responses. Plaintiff then specifies at least 10 individuals,
is
including these defendants. This request is improper and places an untimely and unripe
D
burden on defendants to provide dates for their depositions. As plaintiff bears the burden of
.
Co
proof, defendants should be entitled to depose her prior to presenting themselves for
is
deposition. As discovery is stayed until plaintiff serves a Chapter 74 expert report,
av
scheduling of depositions should be stayed under until after the report is served,
Tr
objections, if any, to such report are made and ruled upon by the court, and an adequate
y
op
time for written discovery has passed.
WHEREFORE, PREMISES CONSIDERED, defendants pray that the court grant
l c
ia
their motion to stay discovery and for further relief they are justly entitled.
fic
Respectfully submitted,
of
STEED DUNNILL REYNOLDS
Un
BAILEY STEPHENSON LLP
303 Camp Craft Road, Suite 350
Austin, Texas 78746
A041.167/Pl-Def/MTN – mtn.stay.discl Page 2 of 4
Phone: (512) 476-1094
Fax: (512) 476-7770
e
ic
Pr
By: ______/s/____________
L.
Terri S. Harris
State Bar No. 19943900
a
terriharris@steedlawfirm.com
lv
Paula K. Hale
State Bar No. 24036704
Ve
paulahale@steedlawfirm.com
ATTORNEY FOR DEFENDANTS
k
AUGUSTINE SEWON PARK, M.D. and
er
CYNTHIA ANN MCWHIRTER, C.R.N.A.
Cl
ct
tri
D is
.
Co
is
av
Tr
y
op
c
l
ia
fic
of
Un
A041.167/Pl-Def/MTN – mtn.stay.discl Page 3 of 4
CERTIFICATE OF SERVICE
e
I hereby certify by my signature above that a true and correct copy of the foregoing
ic
document was efiled and faxed to all parties of record on the 18th day of March, 2019.
Pr
L. Todd Kelly Rob Hargett
Nicholas P. Merz Janice Byington
L.
THE CARLSON LAW FIRM, P.C. REED, CLAYMON, MEEKER & HARGETT,
11606 North Interstate Highway 35 PLLC
a
Austin, Texas 78753 5608 Parkcrest Drive
lv
tkellyefile@carlsonattorneys.com Suite 200
Ve
nmerz@carlsonattorneys.com Austin, Texas 78731
512-719-4362 - FAX 512-660-5979 - FAX
Via efile and fax rhargett@rcmhlaw.com
k
jbyington@rcmhlaw.com
er
Via efile and fax
Cl
Philipa Remington Dan Ballard
Cathryn Paton Katherine Campbell
ct
THIEBAUD REMINGTON THORNTON BAILEY BALLARD SIMMONS & CAMPBELL, LLP
LLP 5113 Southwest Parkway
tri
Two Energy Square Suite 200
4849 Greenville Avenue Austin, Texas 78735
is
Suite 1150 512-703-5028 – FAX
Dallas, Texas 75206 danballard@ballardsimmons.com
D
214-754-0999 - FAX katherinecampbell@ballardsimmons.com
premington@trtblaw.com Via efile and fax
.
Co
cpaton@trtblaw.com
Via efile and fax
is
Missy Atwood
av
Kaitlin Carrillo
GERMER BEAMAN & BROWN PLLC
Tr
301 Congress Avenue
Suite 1700
y
Austin, Texas 78701
op
512-472-9280 – FAX
matwood@germer-austin.com
kcarrillo@germer-austin.com
c
Via efile and fax
l
ia
fic
of
Un
A041.167/Pl-Def/MTN – mtn.stay.discl Page 4 of 4
Preview
3/18/2019 10:09 AM Velva L. Price District Clerk Travis County THIS DOCUMENT CONTAINS SENSITIVE DATA D-1-GN-19-000144 Hector Gaucin-Tijerina e CAUSE NO. D-1-GN-19-000144 ic Pr CINDY MATIAS, Individually and as § IN THE DISTRICT COURT OF Representative of the Estate of SINDY § L. IVERY, DECEASED MINOR, § Plaintiff § a § lv v. § § Ve SETON FAMILY OF HOSPITALS d/b/a § DELL CHILDREN’S MEDICAL CENTER § k OF CENTRAL TEXAS; UT SOUTHWESTERN § er HEALTH SYSTEMS d/b/a UT § TRAVIS COUNTY, TEXAS SOUTHWESTERN MEDICAL CENTER § Cl CAMILLE HANCOCK FRIESEN, M.D.; § AUGUSTINE SEWON PARK, M.D.; § ROBERT DAVID SCHLECHTER, M.D.; § ct tri JOHN KIRT WAGNER, C.C.P.; § LILIBETT BUMP, C.C.P.; § is SHERRY ANN CULVERWELL, R.N.; § D LAURA MARIE DELAROSE, R.N.; and § CYNTHIA ANN MCWHIRTER, C.R.N.A.; § . 98TH JUDICIAL DISTRICT Co Defendants § DEFENDANTS AUGUSTINE SEWON PARK, M.D. and is CYNTHIA ANN MCWHIRTER, C.R.N.A.’S MOTION TO STAY DISCOVERY PURSUANT TO TEX. CIV. PRAC. & REM. CODE §74.351(s) av Tr TO THE HONORABLE JUDGE OF SAID COURT: y COMES NOW, AUGUSTINE SEWON PARK, M.D. and CYNTHIA ANN op MCWHIRTER, C.R.N.A., hereinafter referred to below as defendants, in the above styled l c and numbered cause, and files this their Motion to Stay Discovery Pursuant to TEX. CIV. ia fic PRAC. & REM. CODE § 74.351(s) and shows the court as follows: of Plaintiff, Cindy Matias, Individually and as Representative of the Estate of Sindy Un Ivery, Deceased Minor, filed requests for disclosures and requests for admissions to defendants with the petition. Pursuant to §74.351(s), until plaintiff has served a compliant expert report and curriculum vitae, almost all discovery is stayed in the case. Although this e stay is automatic, defendants file this motion to protect themselves from the need to ic Pr prepare objections and responses to the requests for admissions to defendants attached to L. the petition as they do not fall into the category of discovery permitted under §74.351(s). a These requests are also patently unfair as they ask for conclusions without adequate time lv for discovery or review of records, etc., by the defendants. Defendants also object on this Ve basis. In abundance of caution, defendants have served objections to the request for k er admissions themselves subject to and without waiving this motion to stay discovery. Cl Additionally, in paragraph 58 of her original petition, plaintiff requests available dates ct for the depositions of the following individuals tri be provided within 15 days of each defendant’s respective discovery responses. Plaintiff then specifies at least 10 individuals, is including these defendants. This request is improper and places an untimely and unripe D burden on defendants to provide dates for their depositions. As plaintiff bears the burden of . Co proof, defendants should be entitled to depose her prior to presenting themselves for is deposition. As discovery is stayed until plaintiff serves a Chapter 74 expert report, av scheduling of depositions should be stayed under until after the report is served, Tr objections, if any, to such report are made and ruled upon by the court, and an adequate y op time for written discovery has passed. WHEREFORE, PREMISES CONSIDERED, defendants pray that the court grant l c ia their motion to stay discovery and for further relief they are justly entitled. fic Respectfully submitted, of STEED DUNNILL REYNOLDS Un BAILEY STEPHENSON LLP 303 Camp Craft Road, Suite 350 Austin, Texas 78746 A041.167/Pl-Def/MTN – mtn.stay.discl Page 2 of 4 Phone: (512) 476-1094 Fax: (512) 476-7770 e ic Pr By: ______/s/____________ L. Terri S. Harris State Bar No. 19943900 a terriharris@steedlawfirm.com lv Paula K. Hale State Bar No. 24036704 Ve paulahale@steedlawfirm.com ATTORNEY FOR DEFENDANTS k AUGUSTINE SEWON PARK, M.D. and er CYNTHIA ANN MCWHIRTER, C.R.N.A. Cl ct tri D is . Co is av Tr y op c l ia fic of Un A041.167/Pl-Def/MTN – mtn.stay.discl Page 3 of 4 CERTIFICATE OF SERVICE e I hereby certify by my signature above that a true and correct copy of the foregoing ic document was efiled and faxed to all parties of record on the 18th day of March, 2019. Pr L. Todd Kelly Rob Hargett Nicholas P. Merz Janice Byington L. THE CARLSON LAW FIRM, P.C. REED, CLAYMON, MEEKER & HARGETT, 11606 North Interstate Highway 35 PLLC a Austin, Texas 78753 5608 Parkcrest Drive lv tkellyefile@carlsonattorneys.com Suite 200 Ve nmerz@carlsonattorneys.com Austin, Texas 78731 512-719-4362 - FAX 512-660-5979 - FAX Via efile and fax rhargett@rcmhlaw.com k jbyington@rcmhlaw.com er Via efile and fax Cl Philipa Remington Dan Ballard Cathryn Paton Katherine Campbell ct THIEBAUD REMINGTON THORNTON BAILEY BALLARD SIMMONS & CAMPBELL, LLP LLP 5113 Southwest Parkway tri Two Energy Square Suite 200 4849 Greenville Avenue Austin, Texas 78735 is Suite 1150 512-703-5028 – FAX Dallas, Texas 75206 danballard@ballardsimmons.com D 214-754-0999 - FAX katherinecampbell@ballardsimmons.com premington@trtblaw.com Via efile and fax . Co cpaton@trtblaw.com Via efile and fax is Missy Atwood av Kaitlin Carrillo GERMER BEAMAN & BROWN PLLC Tr 301 Congress Avenue Suite 1700 y Austin, Texas 78701 op 512-472-9280 – FAX matwood@germer-austin.com kcarrillo@germer-austin.com c Via efile and fax l ia fic of Un A041.167/Pl-Def/MTN – mtn.stay.discl Page 4 of 4