NOTICE OF SUBMISSION OF PLAINTIFF’s OPPOSED FIRST MOTION FOR EXTENSION OF TIME TO PROVIDE PLAINTIFF’s EXPERT REPORT
Mar. 1, 2023
TO: All parties of record, by and through their attorney of record or pro se:
Please take notice that Plaintiff’s Opposed First Motion for Extension of Time to Provide Plaintiff’s Expert Report, docket image no. 106641486, filed and served on February 20, 2023, will be submitted to the Court for a ruling without an oral hearing on Monday, March 6, 2023 at 8:00 a.m.
RESPECTFULLY submitted this 1st day of March, 2023.
“Bruce’s discharge was authorized by an imposter who was neither a psychiatrist nor a physician. The “doctor” was eventually convicted and imprisoned for perjury and practicing medicine without a license.” – Bruce v. Estelle, 536 F.2d 1051, 1053 (5th Cir. 1976)
DEFENDANT HCA HOUSTON HEALTHCARE KINGWOOD’S RESPONSE TO PLAINTIFF’S MOTION FOR EXTENSION OF TIME AND OBJECTION TO PLAINTIFF’S NOTICE OF SUBMISSION
Republished: Mar. 1, 2023
Defendant and Counter-Plaintiff HCA Houston Healthcare Kingwood (“HCA Kingwood”) files this Response to Plaintiff’s Opposed First Motion for Extension of Time to Provide Plaintiff’s Expert Report (“Motion”) and Objection to Plaintiff’s Notice of Submission and would respectfully show the Court as follows:
ARGUMENTS AND AUTHORITIES
The Texas Supreme Court has expressly held that a trial court may grant an extension of time to file an expert report under Texas Civil Practice & Remedies Code § 74.351 in only two circumstances:
(1) by written agreement of the parties
or
(2) to allow a claimant to cure a report’s deficiencies.1
Defendant has not and will not agree to any extension and Plaintiff’s Motion avers that he has not provided a report, deficient or otherwise, nor does he believe he is obligated to do so.2
Accordingly, as neither circumstance warranting an extension is present here, Plaintiff’s request for extension is meritless and should be denied.3
1 See Badiga v. Lopez, 274 S.W.3d 681, 685 (Tex. 2009)
(“The trial court may grant an extension in only two circumstances:
(1) by written agreement of the parties or (2) to allow a claimant to cure a report’s deficiencies.”) see also Tex. Civ. Prac. & Rem. Code Ann. § 74.351
2 Id. see also Plaintiff’s Opposed First Motion for Extension of Time to Provide Plaintiff’s Expert Report, currently on file with the Court at pg. 2.
3 Id.
OBJECTION TO NOTICE OF SUBMISSION
The Court’s Local Rules provide, in pertinent part, “[s]ubmission docket takes place on Monday at 8:00 AM after 10 days’ notice.”4
Plaintiff’s Notice of Submission regarding his Motion for Extension of Time was served on March 1, 2023, and states that the Motion will be submitted to the Court on March 6, 2023.5
Accordingly, as Plaintiff has only provided five days’ notice of the submission date, his Notice is improper and Defendant’s objection should be sustained.6
PRAYER
For the reasons stated above, Defendant HCA Houston Healthcare Kingwood, respectfully requests that the Court sustain Defendant’s objection to Plaintiff’s improper Notice of Submission and, should Plaintiff refile his notice in compliance with the Court’s local rules, deny Plaintiff’s Opposed First Motion for Extension of Time to Provide Plaintiff’s Expert Report.
Defendant further prays for any other relief to which it is justly entitled, both at law and in equity.
4 See https://www.justex.net/section/18.
5 See Notice of Submission of Plaintiff’s Opposed First Motion for Extension of Time to Provide Plaintiff’s Expert Report, currently on file with the Court.
6 Id.
Respectfully submitted,
SERPE ANDREWS, PLLC
By: /s/ Ben E. Hamel
Nicole Andrews
Texas Bar No. 00792335 nandrews@serpeandrews.com Benjamin E. Hamel
Texas Bar No. 24103198 bhamel@serpeandrews.com Madison J. Addicks
Texas Bar No. 24132017 maddicks@serpeandrews.com
America Tower
2929 Allen Parkway, Suite 1600
Houston, TX 77019
(713) 452-4400 – Telephone
(713) 452-4499 – Facsimile
ATTORNEYS FOR DEFENDANT/COUNTER- PLAINTIFF, HCA HOUSTON HEALTHCARE KINGWOOD
FIRST AMENDED NOTICE OF SUBMISSION OF PLAINTIFF’s OPPOSED FIRST MOTION FOR EXTENSION OF TIME TO PROVIDE PLAINTIFF’s EXPERT REPORT
Mar. 1, 2023
TO: All parties of record, by and through their attorney of record or pro se:
Please take notice that Plaintiff’s Opposed First Motion for Extension of Time to Provide Plaintiff’s Expert Report, docket image no. 106641486, filed and served on February 20, 2023, will be submitted to the Court for a ruling without an oral hearing on Monday, March 13, 2023 at 8:00 a.m.
RESPECTFULLY submitted this 1st day of March, 2023.
EXPERT REPORT NOT REQUIRED
Mar. 1, 2023
“”Expert report” is defined in section 74.351 asa written report by an expert that provides a fair summary of the expert’s opinions as of the date of the report regarding applicable standards of care, the manner in which the care rendered by the physician or health care provider failed to meet the standards, and the causal relationship between that failure and the injury, harm, or damages claimed.
TEX. CIV. PRAC. REM. CODE § 74.351(r)(6).
Hence, the report has a two-fold purpose:
(1) to inform the defendant of the specific conduct that the plaintiff has called into question,
and
(2) to provide a basis for the trial court to conclude that the plaintiff’s claims have merit.
Bowie Mem’l Hosp., 79 S.W.3d at 52
(citing Palacios, 46 S.W.3d at 879).
Further, “while the expert report does not need to marshal all the evidence necessary to establish causation at trial, it must contain sufficiently specific information to demonstrate causation beyond mere conjecture.”
Id.”
doctor
