On June 30, 2017 a
Exhibit,Appendix
was filed
involving a dispute between
Drisonline.Com Inc,
and
Agraharkar, Mahendra,
Choudhry, Ajay,
Gomes, Andrew,
National Interventional Radiology Partners Management Llc,
Nirp Management Llc,
Nirp Pasadena Pllc,
Nirp Sugarland Pllc,
for FRAUD
in the District Court of Harris County.
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CAUSE NO. 2017-43835
SAM ALAM, IN THE DISTRICT COURT OF
PLAINTIFF,
Vv
ANDREW GOMES, MD, MAHENDRA
AGRAHARKAR, MD, AJAY CHOUDRY, MD, § OF HARRIS COUNTY, TEXAS
NATIONAL INTERVENTIONAL
RADIOLOGY PARTNERS, PLLC, NIRP §
MANAGEMENT, LLC, NIRP PASADENA, §
PLLC, NIRP SUGARLAND, PLLC,
DEFENDANTS. § 165" JUDICIAL DISTRICT
PLAINTIFF’S FIRST SUPPLEMENTAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
Plaintiff Sam Alam (“Plaintiff”) files this Plaintiff's First Supplemental Petition against
Defendants Andrew Gomes, MD, Mahendra Agraharkar, MD, Ajay Choudhry, MD, National
Interventional Radiology Partners, PLLC, NIRP Management, LLC, NIRP Pasadena, PLLC, NIRP
Sugarland, PLLC (collectively, “Defendants”) and for cause of action would show the following:
I QUANTUM MERUIT.
1 Plaintiff incorporates all of the previous paragraphs by reference and all paragraphs in
Plaintiff's Original Petition.
2 In the alternative to Plaintiffs breach of contract claim, Plaintiff brings forth this quantum
meruit claim against Defendants.
3. Defendants and Plaintiff had an agreement whereby Plaintiff would perform consultation
services for Defendants in their medical business development in exchange for valuable
consideration paid by Defendants.
4. Plaintiff provided consultation services for Defendants for Defendants to develop their
medical business.
EXHIBIT
5. Defendants accepted the labor and services from Plaintiff and never made any reservations
about accepting the labor and services.
6. Defendants used Plaintiff's labor and services to establish medical businesses around the
greater Houston area.
7. Defendants had reasonable notice that Plaintiff expected compensation for their services.
8. Plaintiff is entitled to a payment for no less than $1,000,000.00 for unpaid labor and
services. Defendants’ actions also caused Plaintiff to incur lost profits damages. Defendants also
failed to pay back Plaintiff for expenses Plaintiff incurred.
9. ATTORNEY’S FEES. Plaintiff is entitled to recover reasonable and necessary attorney’s fees
under Texas Civil Practice and Remedies Code §§ 38.001(1) and/or (3). Plaintiff has abided by
the procedure found in Texas Civil Practice and Remedies Code § 38.002. Plaintiff is also entitled
to recover reasonable and necessary attorney’s fees for any appeals.
Il. CONDITIONS PRECEDENT
10. All conditions precedent to Plaintiffs claim for relief have been performed or have
occurred.
UL. JURY DEMAND
11. Plaintiff demands a jury trial and tendered the appropriate fee with their original petition.
IV. PRAYER
12. For these reasons, Plaintiff asks to be awarded a judgment against Defendants for the
following:
a. Actual damages;
b. Prejudgment and postjudgment interest;
Cc. Court costs;
d. Lost profits;
e. Attorney’s fees; and
f. All other relief to which Plaintiff is entitled.
Respectfully submitted,
THE WELSCHER MARTINEZ LAW FIRM
Nicholas Martinez
Craig Welscher
TBN: 21167200
Nicholas T. Martinez
TBN: 24087986
1111 North Loop West, Suite 702
Houston, Texas 77008
Telephone: (713) 862-0800
Facsimile: (713) 862-4003
Email: nmartinez@twmlawfirm.com
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing instrument was
forwarded to all known counsel of record in the manner required by the Texas Rules of Civil
Procedure, on this the 16"" day of October, 2018.
Via Electronic Service
Kenneth E. McKay
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
1301 McKinney Street
Suite 3700
Houston, Texas 77010
Attorney for Defendants
/s/ Nicholas Martinez
Nicholas Martinez
Document Filed Date
October 16, 2018
Case Filing Date
June 30, 2017
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CAUSE NO. 2017-43835 SAM ALAM, IN THE DISTRICT COURT OF PLAINTIFF, Vv ANDREW GOMES, MD, MAHENDRA AGRAHARKAR, MD, AJAY CHOUDRY, MD, § OF HARRIS COUNTY, TEXAS NATIONAL INTERVENTIONAL RADIOLOGY PARTNERS, PLLC, NIRP § MANAGEMENT, LLC, NIRP PASADENA, § PLLC, NIRP SUGARLAND, PLLC, DEFENDANTS. § 165" JUDICIAL DISTRICT PLAINTIFF’S FIRST SUPPLEMENTAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: Plaintiff Sam Alam (“Plaintiff”) files this Plaintiff's First Supplemental Petition against Defendants Andrew Gomes, MD, Mahendra Agraharkar, MD, Ajay Choudhry, MD, National Interventional Radiology Partners, PLLC, NIRP Management, LLC, NIRP Pasadena, PLLC, NIRP Sugarland, PLLC (collectively, “Defendants”) and for cause of action would show the following: I QUANTUM MERUIT. 1 Plaintiff incorporates all of the previous paragraphs by reference and all paragraphs in Plaintiff's Original Petition. 2 In the alternative to Plaintiffs breach of contract claim, Plaintiff brings forth this quantum meruit claim against Defendants. 3. Defendants and Plaintiff had an agreement whereby Plaintiff would perform consultation services for Defendants in their medical business development in exchange for valuable consideration paid by Defendants. 4. Plaintiff provided consultation services for Defendants for Defendants to develop their medical business. EXHIBIT 5. Defendants accepted the labor and services from Plaintiff and never made any reservations about accepting the labor and services. 6. Defendants used Plaintiff's labor and services to establish medical businesses around the greater Houston area. 7. Defendants had reasonable notice that Plaintiff expected compensation for their services. 8. Plaintiff is entitled to a payment for no less than $1,000,000.00 for unpaid labor and services. Defendants’ actions also caused Plaintiff to incur lost profits damages. Defendants also failed to pay back Plaintiff for expenses Plaintiff incurred. 9. ATTORNEY’S FEES. Plaintiff is entitled to recover reasonable and necessary attorney’s fees under Texas Civil Practice and Remedies Code §§ 38.001(1) and/or (3). Plaintiff has abided by the procedure found in Texas Civil Practice and Remedies Code § 38.002. Plaintiff is also entitled to recover reasonable and necessary attorney’s fees for any appeals. Il. CONDITIONS PRECEDENT 10. All conditions precedent to Plaintiffs claim for relief have been performed or have occurred. UL. JURY DEMAND 11. Plaintiff demands a jury trial and tendered the appropriate fee with their original petition. IV. PRAYER 12. For these reasons, Plaintiff asks to be awarded a judgment against Defendants for the following: a. Actual damages; b. Prejudgment and postjudgment interest; Cc. Court costs; d. Lost profits; e. Attorney’s fees; and f. All other relief to which Plaintiff is entitled. Respectfully submitted, THE WELSCHER MARTINEZ LAW FIRM Nicholas Martinez Craig Welscher TBN: 21167200 Nicholas T. Martinez TBN: 24087986 1111 North Loop West, Suite 702 Houston, Texas 77008 Telephone: (713) 862-0800 Facsimile: (713) 862-4003 Email: nmartinez@twmlawfirm.com ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing instrument was forwarded to all known counsel of record in the manner required by the Texas Rules of Civil Procedure, on this the 16"" day of October, 2018. Via Electronic Service Kenneth E. McKay Baker, Donelson, Bearman, Caldwell & Berkowitz, PC 1301 McKinney Street Suite 3700 Houston, Texas 77010 Attorney for Defendants /s/ Nicholas Martinez Nicholas Martinez