There’s Zealous Advocacy and then There’s Texas Lawbreakers: HCA Healthcare and HCA Lawyers

PLAINTIFF’S MOTION TO COMPEL DEFENDANTS KPH-CONSOLIDATION, INC. D/B/A HCA HOUSTON HEALTHCARE KINGWOOD AND ANITA DATTA, M.D. TO PRODUCE RULE 194.2 INITIAL DISCLOSURES

Plaintiff Theresa Willis, Individually and as Surviving Spouse and Next Friend of Kenneth Willis (“Plaintiff”), files this Motion to Compel Defendants KPH-Consolidation, Inc. D/B/A HCA Houston Healthcare Kingwood (“HCA”) and Anita Datta, M.D.’s (“Dr. Datta”), (collectively “Defendants”) to produce their Rule 194.2 Initial Disclosures. In support thereof, Plaintiff would respectfully show the Court as follows:

A.     BACKGROUND

On October 12, 2022, Plaintiff filed this health care liability action on behalf of Kenneth Willis. Plaintiff alleges medical liability claims against HCA and Dr. Datta. In support of these claims, and pursuant to Chapter 74 of the Texas Civil Practice and Remedies Code, on October 20, 2022, Plaintiff served an expert report. Dr. Datta filed her Original Answer on October 28, 2022. HCA was served with the service of process on October 19, 2022 and filed its Original Answer on November 11, 2022. On November 18, 2022, Dr. Datta filed her Objections to Plaintiff’s Chapter 74 Expert Report. On December 2, 2022, HCA filed its Objections to Plaintiff’s Statutory Expert Report. On December 6, 2022, Plaintiff responded to Defendants’ objections and supplemented its Chapter 74 expert report.

As of the filing of this motion, Defendants have not set their objections for hearing, renewed their objections as to Plaintiff’s supplemental report, or responded to the undersigned’s conferral attempts.

While Dr. Datta and HCA’s Initial Disclosures were respectively due on November 28, 2022 and December 12, 2022, neither Defendant has provided to Plaintiff the information or material required by Rule 194.2 of the Texas Rules of Civil Procedure.

B.  ARGUMENT AND AUTHORITIES

Except as exempted by Rule 194.2(d) or as otherwise agreed by the parties or ordered by the court, a party must, without awaiting a discovery request, provide to the other parties the information or material described in Rule 194.2, 194.3, and 194.4. Tex. R. Civ. P. 194.1.

A party must make the initial disclosures within 30 days after the filing of the first answer or general appearance unless a different time is set by the parties’ agreement or court order. Tex. R. Civ. P. 194.2(a).

A party that is first served or otherwise joined after the filing of the first answer or general appearance must make the initial disclosures within 30 days after being served or joined, unless a different time is set by the parties’ agreement or court order. Id.

Despite Plaintiff’s supplemental Chapter 74 expert report rendering Defendants’ objections moot, Defendants have not provided to Plaintiff their required disclosures.

Based on these reasons, Plaintiff respectfully requests the Court to compel Defendants to provide Plaintiff with their required disclosures.

C.  EXPENSE OF MOTION

Pursuant to Texas Rule of Civil Procedure 215.1(d), a party is entitled to reasonable expenses, including attorney’s fees, incurred in obtaining a discovery order unless the court finds that the opposition was substantially justified or that other circumstances make an award of expenses unjust. Tex. R. Civ. P. 215.1(d).

Here, Plaintiff incurred expenses, including attorney’s fees, in preparing and filing this motion to obtain Defendants’ required disclosures.

Plaintiff anticipates incurring additional expenses in connection with the undersigned’s preparation for and attendance of the hearing of this motion.

Therefore, pursuant to Rule 215.1(d), Plaintiff respectfully requests the Court to order Defendants to pay Plaintiff $1,000.00 in reasonable expenses, including attorney’s fees.

D.  PRAYER

For these reasons, Plaintiff respectfully requests the Court to compel Dr. Datta and HCA to produce their Rule 194.2 Initial Disclosures. Plaintiff further requests that Defendants be ordered to pay Plaintiff $1,000.00 in reasonable expenses, including attorney’s fees, incurred in preparing and filing this motion and attending the hearing.

Respectfully submitted,

ZAR LAW FIRM

/s/ Matthew Zarghouni
Matthew Zarghouni
State Bar No. 24086085

Brandon Kuhre
State Bar No. 24102048

3900 Essex Lane, Ste 1011
Houston, Texas 77027
Office: (713) 333-5533
Fax: (281) 888-3150

Matt@zar-law.com
Brandon@zar-law.com

ATTORNEYS FOR PLAINTIFF

CERTIFICATE OF CONFERENCE

Pursuant to Texas Rule of Civil Procedure 191.2 and Local Rule 3.3.6, I hereby certify that prior to filing this motion, I conferred with Defense counsel regarding Defendants’ required disclosure through multiple emails, but Defense counsel never responded.

/s/Matthew Zarghouni

Matthew Zarghouni