Case 1:21-cv-00527 Document 1-3 Filed 10/20/21 Page 1 of 33 PageID #: 10
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`BEAUMONT DIVISION
`
`PLAINTIFF
`
`KENDALL THOMAS,
`
`
`
`v.
`
`CVS HEALTH SOLUTIONS, LLC,
`
`
`
`DEFENDANT.
`
`CIVIL ACTION NO. _______________
`
`JURY DEMANDED
`
`
`
`
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`
`
`INDEX OF STATE COURT PLEADINGS AND FILING DATES
`
`
`
`DOCUMENT
`
`State Court’s Docket Sheet
`
`Plaintiff’s Original Petition
`
`Citation
`
`Citation Return
`
`Defendant CVS Health Solutions, LLC’s Original Answer to
`Plaintiff’s Original Petition
`
`Defendant CVS Health Solutions LLC’s First Amended Answer to
`Plaintiff’s Original Petition
`
`DATE
`
`10/18/21
`
`9/15/21
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`9/15/21
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`9/28/21
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`10/11/21
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`10/20/21
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`TAB NO.
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`1.
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`2.
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`3.
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`4.
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`5.
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`6.
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`Index of State Court Filings
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`Page 1
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`Case 1:21-cv-00527 Document 1-3 Filed 10/20/21 Page 2 of 33 PageID #: 11
`Case 1:21-cv-00527 Document1-3 Filed 10/20/21 Page 2 of 33 PagelD #: 11
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`TAB NO. 1
`TAB NO. 1
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`Jefferson County District Clerk Online
`10/18/21, 10:22 AM
`Case 1:21-cv-00527 Document 1-3 Filed 10/20/21 Page 3 of 33 PageID #: 12
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`Civil Case '208324' documents:
`Document Name Document
`Document Number
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`PETITION
`(PLAINTIFFS
`ORIGINAL)
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`8
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`2358909
`(Document.aspx?
`PRJ=CIV&DN=2358909)
`2358910
`(Document.aspx?
`PRJ=CIV&DN=2358910)
`2358938
`(Document.aspx?
`PRJ=CIV&DN=2358938)
`2358958
`(Document.aspx?
`PRJ=CIV&DN=2358958)
`2363327
`(Document.aspx?
`PRJ=CIV&DN=2363327)
`2367678
`(Document.aspx?
`PRJ=CIV&DN=2367678)
`2367679
`(Document.aspx?
`PRJ=CIV&DN=2367679)
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`RECEIPT
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`RETENTION LETTER
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`CITATION
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`CITATION (RETURN)
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`ANSWER
`
`RECEIPT
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`1
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`2
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`2
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`4
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`3
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`1
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`Case 1:21-cv-00527 Document 1-3 Filed 10/20/21 Page 4 of 33 PageID #: 13
`2367841
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`RECEIPT
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`1
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`10/11/2021 Add To Cart
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`2367843
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`PRJ=CIV&DN=2367843)
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`Case 1:21-cv-00527 Document 1-3 Filed 10/20/21 Page 5 of 33 PageID #: 14
`Case 1:21-cv-00527 Document1-3 Filed 10/20/21 Page 5 of 33 PagelD #: 14
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`TAB NO. 2
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`CAUSE NO. D20?)324
`
`ICENDALL THOMAS
`Plaintiff
`
`VS.
`
`CVS HEALTH SOLUTIONS, LLC
`Defendant
`
`FILED
`DISTRICT CLERK OF
`JEFFERSON CO TEXAS
`9/14/2021 5:02 PM
`JAMIE SMITH
`DISTRICT CLERK
`D-208324
`
`IN THE DISTRICT COURT OF
`
`JEFFERSON COUNTY, TEXAS
`
`13A JUDICIAL DISTRICT
`
`PLAINTIFF'S ORIGINAL PETITION
`
`TO THE HONORABLE JUDGE OF SAID COURT:
`
`COMES NOW the Plaintiff, KENDALL THOMAS , by counsel, and for her Complaint
`
`against the Defendants, CVS HEALTH SOLUTIONS, LLC and UNKNOWN PHARMACY
`
`TECHNICIAN (UNKNOWN EMPLOYEE), states as follows:
`
`1.
`
`At all times relevant herein, Defendant CVS Health Solutions, LLC ("CVS") is a Texas
`
`Foreign Limited Liability Company, its Registered Agent for service is CT Corporation System,
`
`1999 Bryant Street, Suite 900, Dallas, Texas 75201-3136.
`
`2.
`
`At all times relevant herein, Defendant UNKNOWN PHARMACY TECHNICIAN(
`
`UNKNOWN EMPLOYEE) was and is employed as a pharmacist technician by Defendant CVS.
`
`3.
`
`At all times relevant herein, Defendant UNKNOWN PHARMACY TECHNICIAN(
`
`UNKNOWN EMPLOYEE) was and is a resident of Jefferson County, Texas.
`
`4.
`
`At the time of the incident giving rise to this Complaint, Defendant UNKNOWN
`
`PHARMACY TECHNICIAN( UNKNOWN EMPLOYEE) worked at Defendant CVS.'s store
`
`Kendall Thomas Original Petition
`
`1
`
`

`

`pharmacy located at 2950 Dowlen Road, Beaumont, Texas 77706, located in Jefferson County,
`
`Texas.
`
`5.
`
`At all times relevant herein, Plaintiff KENDALL THOMAS ("Thomas") was and is a
`
`resident of Beaumont, Jefferson County, Texas.
`
`6.
`
`At the time of the incident giving rise to this Complaint, Plaintiff KENDALL THOMAS
`
`was a customer of Defendant CVS and used Defendant CVS exclusively as her sole
`
`pharmaceutical provider.
`
`7.
`
`On or about April 23, 2021, Defendant UNKNOWN PHARMACY TECHNICIAN
`
`(UNKNOWN EMPLOYEE), acting in the course and scope of her employment, accessed
`
`Plaintiff's confidential, private patient information through the CVS computer system and, in so
`
`doing, reviewed Plaintiff's prescription history.
`
`8.
`
`On or about April 23, 2021, Defendant UNKNOWN PHARMACY TECHNICIAN(
`
`UNKNOWN EMPLOYEE) divulged certain contents of Plaintiff's prescription history to an
`
`individual who appeared at the CVS Dowlen location.
`
`9.
`
`Defendant, UNKNOWN PHARMACY TECHNICIAN, did not obtain proof of identity
`
`now require any signature indicating release of Plaintiffs confidential prescription history.
`
`COUNT ONE — RESPONDENT SUPERIOR (CVS)
`
`10.
`
`Plaintiff hereby incorporates the foregoing paragraphs 1-9 as if set forth fully herein.
`
`Kendall Thomas Original Petition
`
`2
`
`

`

`11.
`
`As a provider of pharmaceutical services, Defendant CVS owes a non-delegable duty to
`
`its customers to protect the privacy and confidentiality of its customers' pharmaceutical
`
`information and prescription histories.
`
`12.
`
`The above-described acts of Defendant UNKNOWN PHARMACY TECHNICIAN(
`
`UNKNOWN EMPLOYEE) were done in the course and scope of her employment with
`
`Defendant CVS.
`
`13.
`
`By and through its employee, Defendant CVS breached its statutory and common law
`
`duties of confidentiality and privacy to Plaintiff
`
`14.
`
`As a direct and proximate result of this breach, Plaintiff has suffered damages.
`
`WHEREFORE, Plaintiff KENDALL THOMAS hereby demands judgment against Defendant
`
`CVS, for costs and interest, for a reasonable attorney's fee, and for all other just and proper
`
`relief.
`
`COUNT TWO — NEGLIGENT TRAINING, SUPERVISION, AND RETENTION (CVS)
`
`15.
`
`Plaintiff hereby incorporates the foregoing paragraphs 1-14 as if set forth fully herein.
`
`16.
`
`As a provider of pharmaceutical services, Defendant CVS owes a duty to its customers to
`
`properly train its pharmacists and technicians including training and instruction in the protection
`
`of customer privacy and confidentiality.
`
`Kendall Thomas Original Petition
`
`3
`
`

`

`17.
`
`Defendant CVS breached its duty to Plaintiff in the training and instruction of its
`
`employee UNKNOWN PHARMACY TECHNICIAN (UNKNOWN EMPLOYEE) in the
`
`protection of customer privacy and confidentiality.
`
`18.
`
`As a provider of pharmaceutical services, Defendant CVS owes a duty to its customers to
`
`properly supervise its pharmacists and technicians in the performance of the pharmacists' and
`
`technicians' job duties and responsibilities.
`
`19.
`
`Defendant CVS breached its duty to Plaintiff in the supervision of its employee
`
`UNKNOWN PHARMACY TECHNICIAN (UNKNOWN EMPLOYEE).
`
`20.
`
`As a provider of pharmaceutical services, Defendant CVS owes a duty to its customers
`
`to take appropriate steps and implement appropriate measures for the protection of its customers
`
`after learning of an employee's misuse or abuse of authority granted in the course and scope of
`
`employment.
`
`21.
`
`Defendant CVS continued to employ Defendant UNKNOWN PHARMACY
`
`TECHNICIAN (UNKNOWN EMPLOYEE) as a pharmacist technician, and Defendant
`
`UNKNOWN PHARMACY TECHNICIAN (UNKNOWN EMPLOYEE) continued to have
`
`access to Plaintiff's confidential and private pharmaceutical information and prescription history
`
`months after the breach.
`
`22.
`
`Defendant CVS breached its duty to Plaintiff to take appropriate steps and implement
`
`appropriate measures for the protection of Plaintiff's privacy and confidentiality after learning of
`
`Kendall Thomas Original Petition
`
`4
`
`

`

`UNKNOWN PHARMACY TECHNICIAN( UNKNOWN EMPLOYEE) above-described
`
`conduct.
`
`23.
`
`Defendant CVS attempted to coverup the actions of UNKNOWN PHARMACY
`
`TECHNICIAN( UNKNOWN EMPLOYEE) and sought to withhold information from Plaintiff
`
`and law enforcement.
`
`24.
`
`As a direct and proximate result of Defendant CVS's above-described negligence,
`
`Plaintiff has suffered damages.
`
`WHEREFORE, Plaintiff KENDALL THOMAS hereby demands judgment against
`
`Defendant CVS, for costs and interest, for a reasonable attorney's fee, and for all other just and
`
`proper relief.
`
`COUNT THREE — NEGLIGENCE, INVASION OF PRIVACY, PUBLIC DISCLOSURE
`OF PRIVATE FACTS (UNKNOWN PHARMACY TECHNICIAN
`(UNKNOWN EMPLOYEE))
`
`25.
`
`Plaintiff hereby incorporates the foregoing paragraphs 1-24 as if set forth fully herein.
`
`26.
`
`As a pharmacist licensed to practice in the state of Texas, Defendant UNKNOWN
`
`PHARMACY TECHNICIAN (UNKNOWN EMPLOYEE) owes a non-delegable duty to her
`
`customers to protect the privacy and confidentiality of her customers' pharmaceutical
`
`information and prescription histories.
`
`Kendall Thomas Original Petition
`
`5
`
`

`

`27. By providing Plaintiffs private and confidential pharmaceutical information and
`
`prescription history to an unauthorized, Defendant UNKNOWN PHARMACY TECHNICIAN
`
`(UNKNOWN EMPLOYEE) breached her statutory and common law duties of confidentiality
`
`and privacy to Plaintiff.
`
`28.
`
`As a direct and proximate result of the above-described breaches, Plaintiff has suffered
`
`damages.
`
`REQUEST FOR DISCLOSURE
`
`29.
`
`Pursuant to Rule 194, Texas Rules of Civil Procedure, Plaintiff is requested to disclose,
`
`within the time parameters described by Rule 194.3, Texas Rules of Civil Procedure, the
`
`information or materials described in Rule 194.2, Texas Rules of Civil Procedure.
`
`Wherefor premises considered, Plaintiff prays that citation issue and be served upon
`
`Defendant CVS requiring Defendant to appear and answer herein. That upon consideration
`
`hereof by the Court of the jury, Plaintiff has and recovers judgment of, from and against
`
`Defendants, jointly and severally, as follows:
`
`1. Actual damages in the amount in excess of the minimum jurisdiction limits of this Court;
`
`2. Prejudgment and post judgment interest as allowed by law;
`
`3. Exemplary and statutory damages as allowed by law in an amount in excess of
`
`$1,000,000.00;
`
`4. Mental anguish damages in excess of $500,000.00;
`
`5. Reasonable and necessary attorney fees;
`
`Kendall Thomas Original Petition
`
`6
`
`

`

`6. Costs of Court;
`
`7. Judgment for all other appropriate equitable relief; and for such other and further relief,
`
`both general and special, at law and in equity, two which Plaintiff is justly entitled.
`
`JURY DEMAND
`
`COMES NOW the Plaintiff, KENDALL THOMAS, by counsel, and hereby requests trial
`
`by jury.
`
`Respectfully submitted,
`
`CARRIER & ALLISON LAW GROUP, P.C.
`505 Orleans, Suite 503
`Beaumont, Texas 77701
`Tel: (409) 835-8330
`Fax: (409) 835-8370
`
`By: /s/ Melody Carrier
`Melody Carrier
`State Bar No. 00785096
`mcarrier@caflawgroup.com
`Attorneys for KENDALL THOMAS
`
`Kendall Thomas Original Petition
`
`7
`
`

`

`Case 1:21-cv-00527 Document 1-3 Filed 10/20/21 Page 13 of 33 PageID #: 22
`Case 1:21-cv-00527 Document1-3 Filed 10/20/21 Page 13 of 33 PagelD #: 22
`
`TAB NO. 3
`TAB NO. 3
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`Case 1:21-cv-00527 Document 1-3 Filed 10/20/21 Page 14 of 33 PageID #: 23
`Case 1:21-cv-00527 Document1-3 Filed 10/20/21 REGIS394°"60002"
`
`C0208324---00002
`
`Citation by Mailing
`
`THE STATE OF TEXAS
`
`No. D-0208324
`
`KENDALL THOMAS
`VS. CVS HEALTH SOLUTIONS LLC
`
`CITATION BY MAILING
`
`136th JUDICIAL DISTRICT COURT
`of JEFFERSON COUNTY, TEXAS
`
`To: CVS HEALTH SOLUTIONS LLC
`
`BY SERVING ITS REGISTERED AGENT, CT CORPORATION SYSTEM
`
`by servingat:
`1999 BRYAN STREET
`SUITE 900
`
`DALLAS, TX 752013136
`
`NOTICE:
`
`DEFENDANT:
`
`You have been sued: You may-empley an.attortiey. If you or-your.attomey domotfile a wutten.answer with the clerk who
`issued this citation by 10:00, a.m..on the Mondaynext following the expirationof twenty days afteryou were served this citation and
`petition, a default judgment may be taken against you.
`In additionto filing-a written answer withthe clerk, you may be required to
`makeinitial disclosuresto the otherparties of this suit: These disclosures gencrally must be madenolater than 30 daysafter youfile
`youranswerwith the clerk. Find-out more at Texas_awHelp.org. Said answer may befiled by E-filing throughefiletexas.gov, if
`represented by an attomey;or if filed pro se by delivermg or mailingsameto: District Clerk's Office, 1085 Pearl, Room 203,
`Beaumont, TX 77701. The caseis pres ently pending beferethe 136th District; Court. ofJefferson County sitting in Beaumont, Texas,
`and wasfiled on the 14th day of September, 2021.
`It bears causenumber D-0208324 ‘and1s ‘styled:
`KENDALL THOMAS
`
`&
`
`:
`
`Plaintiff:
`
`VS.
`
`ee
`CVS HEALTH’ SOLUTIONS* LLC...
`ee
`
`Defendant:
`
`The name and address ofthe attorney for plaintiff (orplaintift if pro se) is:
`CARRIER, MELODY:G, ‘Atty.
`CARRIER & ALLISON LAW GROUP. 505 ORLEANS, SUITE 503
`BEAUMONT, TX 777010
`The nature ofthe demands ofsaid plamtiff is shownby atrué and.correct copy of Plaintiffs PETITION (PLAINTIFF'S
`ORIGINAL)
`accompanyingthis citation and made a part thereof.
`Issuedundermy handandthe sealof saidcourt, atBeaumont Texas,.this'the 15th dayof September, 2021.
`
`JAMIE SMITH, DISTRICT CLERK
`JEFFERSON COUNTY, TEXAS
`
`
`
`BY
`
`Jennifer
`
`
`
`Deputy
`
`

`

`Case 1:21-cv-00527 Document 1-3 Filed 10/20/21 Page 15 of 33 PageID #: 24
`Case 1:21-cv-00527 Document 1-3 Filed 10/20/21 Page 15 of 33 PagelD #: 24
`
`RETURN OF SERVICE
`
`D-0208324
`
`136th JUDICIAL DISTRICT COURT
`
`KENDALL THOMAS
`
`CVS HEALTH SOLUTIONS LLC
`
`Executed when copy wasdelivered:
`This is a true copyof the original citation, was delivered to defendant
`_»20_
`
`
`
`,onthe day of
`
`
`
`, Officer
`
`Cy County, Texas
`
`By:
`, Deputy
`
`ADDRESS FOR SERVICE:
`CVS HEALTH SOLUTIONS LLC
`BY SERVING ITS REGISTERED AGENT, CT CORPORATION SYSTEM
`1999 BRYAN STREET
`SUITE 900
`DALLAS, TX 75201 3136
`OFFICER’SRETURN
`
`
`,o’clock__sm, and executed n
`day of
`Came to hand on the
`, 20
`,at
`ss County, Texas by delivering to each of the within named defendants in person, a true copyof this Citation
`with the date of delivery endorsed thereon, together with the accompanymgcopy ofthe Citation by Mailing at the following times and
`places, to-wit:
`Name
`
`(Id # expiration of certification)
`
`Place, Course and Distance from Courthouse
`
`Date/Time
`
`And not executed asto the defendant(s),
`
`Thediligence used in finding said defendant(s) being:
`
`and the causeorfailure to execute this process1s:
`
`and the information received as to the whereabouts of said defendant(s) being:
`
`FEES:
`
`Serving PetitionandCopy $|
`Total
`
`
`
`, Officer
`a, County, Texas
`
`
`
`, Deputy
`By:
`
`
`A ffiant
`
`COMPLETE IF YOU ARE A PERSON OTHER THAN A SHERIFF, CONSTABLE, OR CLERK OF THE COURT.
`In accordance with Rule 107: The officer of authorized person whoserves, or attempts to serve, a citation shall sign and ret urn. The signature
`is not required to be verified.If the return is signed by a personother than a sheriff, constable or the clerk ofthe court, the return shall be
`signed under penalty ofperjury and contain the following statement:
`
`“My nameis
`,mydateofbithis,and my address1s
`
`(First, Middle, Last)
`
`(Street, City, Zip)
`I DECLARE UNDER PENALTY OF PERJURY THAT THE FORGOING IS TRUE AND CORRECT.
`
`Executed in
`
`__, County,State of
`
`,on the
`
`day of
`
`
`Declarant/Authorized Process Server
`
`
`

`

`Case 1:21-cv-00527 Document 1-3 Filed 10/20/21 Page 16 of 33 PageID #: 25
`Case 1:21-cv-00527 Document1-3 Filed 10/20/21 Page 16 of 33 PagelD #: 25
`
`TAB NO. 4
`TAB NO.4
`
`
`
`
`
`
`
`

`

`itd
`
`— F
`Citation by Mailin
`
`Case 1:21-cv-00527 Document 1-3 Filed 10/20/21 Page 17 qe HtHite TE
`Case 1:21-cv-00527 Document 1-3 Filed 10/20/21 Page 17 of 33 PageID #: 26
`THE STATE OF TEXAS
`o7281202"S08 AM
`
`JEFFERSON CO TEXAS
`
`No. D-0208324
`
`KENDALL THOMAS
`VS. CVS HEALTH SOLUTIONS LLC
`
`DISTRICT CLERK
`D-208324
`
`CITATION BY MAILING
`
`136th JUDICIAL DISTRICT COURT
`of JEFFERSON COUNTY, TEXAS
`
`To: CVS HEALTH SOLUTIONS LLC
`BY SERVING ITS REGISTERED AGENT, CT CORPORATION SYSTEM
`
`by serving at:
`1999 BRYAN STREET
`
`SUITE 900
`
`DALLAS, TX=75201 3136
`DEFENDANT:
`
`
`
`NOTICE:
`You have been sued.Neou may employ,attorney. Ifyou or your,attorneydo not file a written answer with the clerk who
`issuedthis citationby 10:00;am.1.“On1 the?MondaynextTandatheexpiration,oftwenty:daysafteryou Were servedthis citation and
`
`make initial disclosures to the.other”partiés ofthisis
`your answerwith the clerk. Eind,outsmore atve
`
`
`
`
`Plaintiff:
`
`Defendant:
`
`:
`
`ty.
`
`=
`
`\ CARRIER‘&:ALLISON:LAW«GROUP505ORLEANS,SUITE503
`eyBEAUMONT,TX:T7101o
`et
`Deputy
`
`JEFFERSON GOUN®,TEXAS
`aMta Ly,
`=
`ed ~
`S
`we NRF
`nae %
`
`

`

`CVS HEALTH SOLUTIONS LLC
`
`, 20
`
`gy\afeyeoriginalcitation,wasdeliveredtodefendantCNS Health Q
`Executed when copy was delivered:
`\ \
`
`|
`
`onUSontheTOMayof
`
`(Id # expiration of certification)
`
`Case 1:21-cv-00527 Document 1-3 Filed 10/20/21 Page 18 of 33 PageID #: 27
`
`D-0208324
`KENDALL THOMAS
`
`136th JUDICIAL DISTRICT COURT
`
`RETURN OF SERVICE
`
`
`
`
`
`, Officer
`
`, County, Texas
`
`
`ADDRESS FOR SERVICE:
`CVS HEALTH SOLUTIONS LLC
`BY SERVING ITS REGISTERED AGENT, CT CORPORATION SYSTEM
`1999 BRYAN STREET
`SUITE 900
`DALLAS, TX 75201 3136
`
`
`
`VLEeiSY27nG.,,Seprenber2021,at ,o’clock_.m., andexecuted in
`
`, County, Texas by delivering to each of the within named defendants in person, a true copy of this Citation
`with the date of delivery endorsed thereon, together with the accompanying copyofthe Citation by Mailing at the following times and
`places,to-wit:
`
`OFFICER’S RETURN
`
`NS Sept20,2021 014amaqBruaiystone
`
`
`And not executed as to the defendarit(s),
`i 520)
`The diligence used in finding said defendant(s) being:
`
`WZ;
`
`P
`
`5
`
`rse and Distance,
`
`from Courtho
`
`Date/Ti
`
`and the causeorfailure to execute this processis:
`
`and the information received as to the whereabouts of said defendant(s) being:
`
`FEES:
`
`Serving Petition and Copy $ TE
`Total
`$ IS
`
`
`
`_, Officer
`, County, Texas
`
`In accordance with Rule 107: The officer of authorized person whoserves, or attempts to serve, a citation shall sign and return. The signature
`is not required to be verified. If the return is signed by a person other thanasheriff, constable or the clerk of the court, the return shall be
`signed under penalty of perjury and contain the following statement:
`“My nameis
`my date ofbirth is
`
`, and myaddressis
`
`(First, Middle, Last)
`
`
`(Street, City, Zip)
`I DECLARE UNDER PENALTY OF PERJURY THAT THE FORGOINGIS TRUE AND CORRECT.
`
`Executed in
`
`, County, State of
`
`, on the
`
`day of
`
`Declarant/Authorized Process Server
`
`
`

`

`Case 1:21-cv-00527 Document 1-3 Filed 10/20/21 Page 19 of 33 PageID #: 28
`Case 1:21-cv-00527 Document1-3 Filed 10/20/21 Page 19 of 33 PagelD #: 28
`
`JAMIE SMITH
`DISTRICT CLERK, JEFFERSON COUN
`1085 PEARL ST RM 203
`BEAUMONT, TX 77701-3545
`
`RETURN RECEIPT (ELECTRONIC)
`
`9214 8901 0661 5400 0166 5877 17
`
`CVS HEALTH SOLUTIONS LLC
`REGISTERED AGENT, CT CORPORATION SYSTEM
`1999 BRYAN ST STE 900
`DALLAS, TX 75201-3140
`
`CUT / FOLD HERE
`
`sense eeen ene neneeegee ee neneee nee ne ee enn nAEEEDAEROGSAAALAECAEOEEALSSESEEOCHORUSOEEGEIONSAO ESA SEA EEE SOUESOSAESOENOP SAE IAEUAEIOESAM Cad CON DOETORSBRSTERVELOBETIALEEAEE ENTE ATA
`CUT / FOLD HERE
`
`CUT / FOLD HERE
`
`IMpbCertified8x5Label v2016.09.29.91
`
`

`

`Case 1:21-cv-00527 Document 1-3 Filed 10/20/21 Page 20 of 33 PageID #: 29
`Case 1:21-cv-00527 Document1-3 Filed 10/20/21 Page 20 of 33 PagelD #: 29
`
`UNITED STATES
`Ba POSTAL SERVICE
`
`September 20, 2021
`
`Dear MAIL MAIL:
`
`The following is in response to your requestfor proof of delivery on your item with the tracking number:
`9214 8901 0661 5400 0166 5877 17.
`
`Item Details
`
`Status:
`Status Date / Time:
`Location:
`Postal Product:
`
`Extra Services:
`
`Recipient Name:
`
`Delivered
`September20, 2021, 10:19 am
`DALLAS, TX 75201
`First-Class Mail®
`
`Certified Mail™
`
`Return Receipt Electronic
`CVS HEALTH SOLUTIONS LLC
`
`Signature ofRecipient:
`
`Address of Recipient:
`
`teers teton
`
`{LCoud{9_ |
`
`t
`
`Note: Scanned image mayreflect a different destination address due to Intended Recipient's delivery instructions on file.
`
`Thank you for selecting the United States Postal Service® for your mailing needs. If you require additional
`assistance, please contact your local Post Office™ or a Postal representative at 1-800-222-1811.
`
`Sincerely,
`United States Postal Service®
`475 L'Enfant Plaza SW
`Washington, D.C. 20260-0004
`
`The customer reference information shown belowis not validated or endorsed by the
`United States Postal Service.
`It is solely for customer use.
`
`Reference ID: 92148901066154000166587717
`
`CVS HEALTH SOLUTIONS LLC
`Registered Agent, CT Corporation System
`1999 Bryan St Ste 900
`Dallas, TX 75201-3140
`
`

`

`Case 1:21-cv-00527 Document 1-3 Filed 10/20/21 Page 21 of 33 PageID #: 30
`Case 1:21-cv-00527 Document1-3 Filed 10/20/21 Page 21 of 33 PagelD #: 30
`
`TAB NO. 5
`TAB NO. 5
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`
`
`
`
`
`
`

`

`Case 1:21-cv-00527 Document 1-3 Filed 10/20/21 Page 22 of 33 PageID #: 31
`FILED
`DISTRICT CLERK OF
`JEFFERSON CO TEXAS
`10/11/2021 9:36 AM
`JAMIE SMITH
`DISTRICT CLERK
`D-208324
`
`CAUSE NO. D208324
`
`IN THE DISTRICT COURT
`
`136th JUDICIAL DISTRICT
`
`JEFFERSON COUNTY, TEXAS
`
`§§§§§
`
`KENDALL THOMAS
`
`v.
`
`CVS HEALTH SOLUTIONS, LLC
`
`DEFENDANT CVS HEALTH SOLUTIONS, LLC’S
`ORIGINAL ANSWER TO PLAINTIFF’S ORIGINAL PETITION
`
`TO THE HONORABLE JUDGE OF SAID COURT:
`
`COMES NOW, CVS Health Solutions, LLC (hereinafter “Defendant”), Defendant in the
`
`above-styled and numbered cause, and files this Original Answer, and in support thereof would
`
`respectfully show unto the Court the following:
`
`I.
`
`GENERAL DENIAL
`
`1.
`
`Defendant denies each and every, all and singular, the material allegations made
`
`and contained in the Original Petition and any petition which Plaintiff may hereinafter file by
`
`way of amendment or supplement, and, in accordance with Texas law, demands that Plaintiff
`
`prove by a preponderance of the credible evidence, or the prevailing standard of proof required
`
`by applicable law, each and every such allegation made and contained therein.
`
`WHEREFORE, PREMISES CONSIDERED, Defendant prays that upon final hearing
`
`and trial hereof, Plaintiff takes nothing by this suit against Defendant and that Defendant go
`
`hence without day and with all costs on its behalf incurred, and that the Court grant such other
`
`and further relief, both general and special, at law and in equity, to which Defendant may be
`
`justly entitled to receive.
`
`DEFENDANT CVS HEALTH SOLUTIONS, LLC’S ORIGINAL ANSWER
`
`Page 1
`
`

`

`Case 1:21-cv-00527 Document 1-3 Filed 10/20/21 Page 23 of 33 PageID #: 32
`
`Respectfully submitted,
`
`COOPER & SCULLY, P.C.
`
`/s/ John A. Scully
`JOHN A. SCULLY
`State Bar No. 17936500
`john.scully@cooperscully.com
`NISHA P. BYERS
`Texas State Bar No. 00791460
`nisha.byers@cooperscully.com
`
`900 Jackson Street, Suite 100
`Dallas, Texas 75202
`Telephone: 214-712-9500
`Facsimile: 214-712-9540
`
`ATTORNEYS FOR DEFENDANT
`CVS HEALTH SOLUTIONS, LLC
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on the 11th day of October, 2021, a true and correct copy of the
`foregoing document was served on all counsel of record by electronic court filing:
`
`Melody Carrier
`Carrier & Allison Law Group, P.C.
`505 Orleans, Suite 503
`Beaumont, Texas 7701
`Telephone: (409) 835-8330
`Fax: (409) 835-8370
`mcarrier@caflawgroup.com
`
`/s/ Nisha P. Byers
`Nisha P. Byers
`
`DEFENDANT CVS HEALTH SOLUTIONS, LLC’S ORIGINAL ANSWER
`
`Page 2
`
`

`

`Case 1:21-cv-00527 Document 1-3 Filed 10/20/21 Page 24 of 33 PageID #: 33
`
`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.
`Valerie Eckardt on behalf of Nisha Byers
`Bar No. 791460
`valerie.eckardt@cooperscully.com
`Envelope ID: 58051337
`Status as of 10/11/2021 10:01 AM CST
`
`Associated Case Party: KENDALLTHOMAS
`
`Name
`Melody Carrier
`Sadie Lupo
`
`BarNumber Email
`mcarrier@caflawgroup.com
`sadie@caflawgroup.com
`
`TimestampSubmitted
`10/11/2021 9:36:47 AM
`10/11/2021 9:36:47 AM
`
`Status
`SENT
`SENT
`
`Associated Case Party: CVS HEALTH SOLUTIONS LLC
`
`Name
`Nisha P.Byers
`John A.Scully
`
`BarNumber Email
`nisha.byers@cooperscully.com
`john.scully@cooperscully.com
`
`TimestampSubmitted
`10/11/2021 9:36:47 AM
`10/11/2021 9:36:47 AM
`
`Status
`SENT
`SENT
`
`

`

`Case 1:21-cv-00527 Document 1-3 Filed 10/20/21 Page 25 of 33 PageID #: 34
`Case 1:21-cv-00527 Document1-3 Filed 10/20/21 Page 25 of 33 PagelD #: 34
`
`TAB NO. 6
`TAB NO. 6
`
`
`
`
`
`
`
`

`

`DEFENDANT CVS HEALTH SOLUTIONS LLC’S FIRST AMENDED ORIGINAL ANSWER Page 1 D/1040704v1 CAUSE NO. D208324 KENDALL THOMAS v. CVS HEALTH SOLUTIONS, LLC § § § § § IN THE DISTRICT COURT 136th JUDICIAL DISTRICT JEFFERSON COUNTY, TEXAS DEFENDANT CVS HEALTH SOLUTIONS LLC’S FIRST AMENDED ORIGINAL ANSWER TO PLAINTIFF’S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, CVS Health Solutions LLC (incorrectly named as CVS Health Solutions, LLC, and hereinafter “Defendant”), Defendant in the above-styled and numbered cause, and files this First Amended Original Answer, and in support thereof would respectfully show unto the Court the following: I. GENERAL DENIAL 1. Defendant denies each and every, all and singular, the material allegations made and contained in the Original Petition and any petition which Plaintiff may hereinafter file by way of amendment or supplement, and, in accordance with Texas law, demands that Plaintiff prove by a preponderance of the credible evidence, or the prevailing standard of proof required by applicable law, each and every such allegation made and contained therein. II. VERIFIED DENIAL 2. Pursuant to Texas Rule of Civil Procedure 93, Defendant files this verified denial, in which it specifically denies that it is a proper party to this lawsuit. CVS Health Solutions LLC does not own or operate the pharmacy located at 2950 Dowlen Road, Beaumont, Texas 77706. Case 1:21-cv-00527 Document 1-3 Filed 10/20/21 Page 26 of 33 PageID #: 35
`

`

`DEFENDANT CVS HEALTH SOLUTIONS LLC’S FIRST AMENDED ORIGINAL ANSWER Page 2 D/1040704v1 III. DEFENSES 3. Defendant asserts its rights, pursuant to Chapters 32 and 33 of the Texas Civil Practice & Remedies Code, to pursue a percentage reduction, monetary credit, offset, liability limit, or relief provided under the laws of Texas for settlement agreements between parties and/or potential parties to this suit, any jury verdict, and contribution. 4. Defendant further pleads that, if another Defendant or person or entity pays or promises to pay money or anything of monetary value to Plaintiff in consideration of potential liability for the claims and damages asserted in this suit, Defendant reserves its right to seek submission of those settling persons in the court’s charge to the jury and asserts its entitlement to a full credit, offset, pro rata reduction, or percentage reduction based upon the percentage of causation or responsibility attributable to the settling persons. Defendant invokes its rights under Chapter 33 of the Texas Civil Practice and Remedies Code, including but not limited to sections 33.012 and 33.015. This election of credit includes, but it is not limited to, all amounts previously paid or promised to be paid in settlement. 5. Pleading further, to the extent Plaintiff’s claimed medical expenses exceed the amount actually paid on Plaintiff’s behalf to her medical providers, Defendant asserts the statutory defense set forth in Section 41.0105 of the Texas Civil Practice and Remedies Code. Thus, recovery of medical or health care expenses incurred by Plaintiff, if any, is limited to the amount actually paid or incurred by or on behalf of Plaintiff. 6. Pleading further, Defendant invokes, if necessary, the limitations on prejudgment interest under Chapter 304 of the Texas Finance Code and Chapter 41 of the Texas Civil Practice and Remedies Code, and any other applicable statute or common-law rule. Case 1:21-cv-00527 Document 1-3 Filed 10/20/21 Page 27 of 33 PageID #: 36
`

`

`DEFENDANT CVS HEALTH SOLUTIONS LLC’S FIRST AMENDED ORIGINAL ANSWER Page 3 D/1040704v1 7. Pleading further and in the alternative, Defendant states that the alleged occurrence, incident, event or accident made the basis of this suit may have been caused by the acts or omissions of a third party or third parties over whom Defendant had no control and said acts or omissions were the proximate cause, or in the alternative, the sole proximate cause of the occurrence, incident, event or accident made the basis of this suit and of the alleged damages to Plaintiff. 8. Defendant further invokes section 18.091 of the Texas Civil Practice and Remedies Code and requests an instruction as to whether any recovery for compensatory damages sought by Plaintiff is subject to income taxes. 9. Defendant asserts it is entitled to the limitation on the accrual of post-judgment interest on any award of damages subject to a Medicare subrogation right under 42 U.S.C. § 1395y(b)(2)(B), as provided in section 41.014 of the Texas Civil Practice and Remedies Code. 10. Pleading further and in the alternative, Defendant alleges that any claims for or recovery of exemplary damages against it violates the Fifth, Eighth, and Fourteenth Amendments to the United States Constitution, and Sections 3, 13 and 19 of Article I of the Texas Constitution, because such claims as made are arbitrary, unreasonable, and violate Defendant’s rights to due process and equal protection of the laws. 11. Pleading further and in the alternative, to the extent any recovery of exemplary damages is found to be constitutional, Defendant invokes all the limitations upon damages and exemplary damages contained in Chapter 41 of the Texas Civil Practice & Remedies Code, both in terms of the maximum amount of damages that can be awarded pursuant to that statute and the procedural safeguards guaranteed by the referenced provisions. Case 1:21-cv-00527 Document 1-3 Filed 10/20/21 Page 28 of 33 PageID #: 37
`

`

`DEFENDANT CVS HEALTH SOLUTIONS LLC’S FIRST AMENDED ORIGINAL ANSWER Page 4 D/1040704v1 12. Pleading further and in the alternative, Defendant also invokes all other applicable state law, federal law, statutory and/or common-law caps or limitations on exemplary damages. WHEREFORE, PREMISES CONSIDERED, Defendant prays that upon final hearing and trial hereof, Plaintiff takes nothing by this suit against Defendant and that Defendant go hence without day and with all costs on its behalf incurred, and that the Court grant such other and further relief, both general and special, at law and in equity, to which Defendant may be justly entitled to receive. Respectfully submitted, COOPER & SCULLY, P.C. /s/ John A. Scully JOHN A. SCULLY State Bar No. 17936500 john.scully@cooperscully.com NISHA P. BYERS Texas State Bar No. 00791460 nisha.byers@cooperscully.com 900 Jackson Street, Suite 100 Dallas, Texas 75202 Telephone: 214-712-9500 Facsimile: 214-712-9540 ATTORNEYS FOR DEFENDANT CVS HEALTH SOLUTIONS LLC Case 1:21-cv-00527 Document 1-3 Filed 10/20/21 Page 29 of 33 PageID #: 38
`

`

`DEFENDANT CVS HEALTH SOLUTIONS LLC’S FIRST AMENDED ORIGINAL ANSWER Page 5 D/1040704v1 CERTIFICATE OF SERVICE I hereby certify that on the 20th day of October, 2021, a true and correct copy of the foregoing document was served on all counsel of record by electronic court filing: Melody Carrier Carrier & Allison Law Group, P.C. 505 Orleans, Suite 505 Beaumont, Texas 7701 Telephone: (409) 835-8330 Fax: (409) 835-8370 mcarrier@caflawgroup.com /s/ Nisha P. Byers Nisha P. Byers Case 1:21-cv-00527 Document 1-3 Filed 10/20/21 Page 30 of 33 PageID #: 39
`

`

`Case 1:21-cv-00527 Document 1-3 Filed 10/20/21 Page 31 of 33 PageID #: 40
`
`CAUSE NO. D208324
`
`KENDALL THOMAS
`
`v.
`
`IN THE DISTRICT COURT
`
`136th JUDICIAL DISTRICT
`
`CVS HEALTH SOLUTIONS, LLC
`
`JEFFERSON COUNTY, TEXAS
`
`VERIFICATION
`
`STATE OF RHODE ISLAND
`
`COUNTY OF PROVIDENCE
`