FILED
`9/25/2019 9:49 AM
`JOHN F. WARREN
`COUNTY CLERK
`DALLAS COUNTY
`
`In the County Court at Law
`
`at Law No. 1
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`Cause No. CC-19-00120-A
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`Sarah Nader, Individually and as
`Representative of the Estate of Elias J.
`Nader, Deceased, and as Next Friend of
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`As. N. and Al. N., minors; James Nader;
`and Kay Nader,
`
`Plaintiffs
`
`V-
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`Michael Craig DeLaughter, M.D.;
`Heartplace, P.A.; Richard Chang, M.D.;
`Baylor All Saints Medical Center d/b / a
`Baylor Scott & White All Saints Medical
`Center-Fort Worth; Sam Nassar, D.O.;
`and Texas Health Care P.L.L.C. d/b/a
`
`Privia Medical Group North Texas,
`
`mmmmmmmmmmmmmmmmmmm
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`Defendants
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`Dallas County, Texas
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`Defendants Texas Health Care P.L.L.C. d/b/ a Privia Medical Group North Texas and Sam
`Nassar, D.O.’s Motion to Transfer Venue
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`Defendants Texas Health Care P.L.L.C. d/b / a Privia Medical Group North Texas (“THC”)
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`and Sam Nassar, D.O. file this Motion to Transfer Venue and ask that this lawsuit be transferred from
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`Dallas County to Tarrant County.
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`Background
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`This is a health care liability claim. Plaintiffs allege Defendants were negligent in their care and
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`treatment of Elias Nader’s atrial fibrillation. The allegedly negligent treatment provided by Defendants
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`occurred at Baylor All Saints Medical Center — Fort Worth located in Tarrant County, Dr. Delaughter’s
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`offices in Tarrant County,1 and Dr. Nassar’s office in Fort Worth located in Tarrant County. Further,
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`1 Defs. Craig Delaughter, M.D. and HeartPlace, P.A.’s Mot. to Trans. and Orig. Ans. at 9, Exhibit A.
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`Defendant 551”] Alarm)", D. O. ’x [Mation in Trnnrfer Venue
`Page 7
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`Plaintiffs reside in Tarrant County.2 THC’s principal office is in Tarrant County, and Defendants Dr.
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`Delaughter and Dr. Nassar reside in Tarrant County. Dr. Chang does not reside in Dallas County.3
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`Venue is Proper in Tarrant County
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`Tarrant County is a proper venue for this lawsuit. Section 15.002 of the Texas Rules of Civil
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`Procedure provides:
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`(a) Except as otherwise provided by this subchapter... lawsuits shall
`be brought:
`(1) in the county in which all or a substantial part of the events
`or omissions giving rise to the claim occurred;
`(2) in the county of defendant’s residence at the time the cause
`of action accrued if defendant is a natural person;
`(3) in the county of the defendant’s principal office in this state,
`if the defendant is not a natural person; or
`(4) if Subdivisions (l), (2), and (3) do not apply, in the county
`in which the plaintiff resided at the time of the accrual of the
`cause of action.4
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`Venue is proper in Tarrant County because the alleged negligent care and treatment was rendered in
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`Tarrant County and multiple defendants reside in Tarrant County.5
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`Dr. Nassar seeks a transfer of venue from Dallas County, Texas to Tarrant County, Texas for
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`the convenience of the parties and witnesses, and in the interest of justice, pursuant to Texas Civil
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`Practice and Remedies Code § 15.002(b). Dallas County is not a convenient venue. THC’s principal
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`office is not in Dallas County, and Plaintiffs and Defendants Dr. Chang, Dr. Nasser, and Dr.
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`Delaughter do not reside in Dallas County.“ Based on information and belief, most of the fact
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`witnesses involved in Elias Nader’s care are residents of Tarrant County, given the fact that the health
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`2 Pls.’ First Am. Pet. at 2, Exhibit B.
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`3 Dr. Richard Chang, M.D.’s Mot. to Trans. Venue and Orig. Ans. at 1, Exhibit C.
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`4 TEx. CIv. PRAC. & REM. CODE § 15.002.
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`5 See id.
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`6 Exhibit A; Exhibit C.
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`Defendant 551M AME-m", D. O. ’x [Mation in Trnnrfer Venue
`Page 2
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`care at issue was rendered in Tarrant County. Tarrant County is a convenient venue for the parties
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`and witnesses involved. Maintenance of the action in Dallas County would work an injustice to
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`Defendant, the balance of interests of all parties predominates in favor of transferring the suit to
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`Tarrant County, and the transfer of the case would not work an injustice to any party.7
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`Defendants Texas Health Care P.L.L.C. d/b/a Privia lVIedical Group North Texas and Sam
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`Prayer
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`Nassar, D.O. respectfully request that the Court:
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`(1) grant this Motion to Transfer Venue;
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`(2) order this case be transferred from Dallas County, Texas to Tarrant County, Texas; and
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`(3) grant all other relief to which Defendants may be entitled.
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`Respectfully Submitted,
`
`THIEBAUD REMINGTON THORNTON BAILEY LLP
`
`
`By: /J/ D Bdi/é’l’
`Ty Bailey
`State Bar No. 00796153
`
`tbailey@trtblaw.com
`Nathan Cox
`State Bar No. 24105751
`
`ncongtrtblawcom
`
`Two Energy Square
`4849 Greenville Avenue, Suite 1150
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`Dallas, TX 75206
`214.954.2200
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`214.754.0999 (fax)
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`Attorneys for Defendants
`Sam Nassar, D.O. and
`Texas Health Care P.L.L.C. d/b/a Privia
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`Medical Group North Texas
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`7 See id. at § 15.002(b)(1—3).
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`Defendant Sam 37515542", D. O. ’5 Alarm” t0 Tramfer Vemte
`Page ,3
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`Certificate of Service
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`The undersigned certifies that on the 25th day of September 2019, a true and correct copy of
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`the foregoing document was delivered via electronic service to all known counsel of record.
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`[51 T91 Bailey
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`Ty Bailey
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`Defendant fez/n Alan-m", D. O. ’x [Mation in Trnnrfer Venue
`Page 4
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`EXHIBIT A
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`..
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`--
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`;;
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`==
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`''
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`‘-‘-
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`'I'ILI;'I'ILI;
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`1/30/2019 1:21 PM1/30/2019 1:21 PM
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`JOHN F. WARRENJOHN F. WARREN
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`COUNTY CLERKCOUNTY CLERK
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`DALLAS COUNTYDALLAS COUNTY
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`CAUSE N0, CC—lQ—flfllZO—ACAUSE N0, CC—lQ—flfllZO—A
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`EN THE COUNTY CSURT AT LAWEN THE COUNTY CSURT AT LAW
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`SARAH NADER, INDIVIDUALLYSARAH NADER, INDIVIDUALLY
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`AND AS REPRESENTATIVE 0F THEAND AS REPRESENTATIVE 0F THE
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`ESTATE 0F ELEAS J. NADER,ESTATE 0F ELEAS J. NADER,
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`DECEASED, AND AS NEXT FRIENDDECEASED, AND AS NEXT FRIEND
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`OF ASN AND ALN, MINORS, JAMESOF ASN AND ALN, MINORS, JAMES
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`NADER AND KAY NADER,NADER AND KAY NADER,
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`PLAEN'HFFSPLAEN'HFFS
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`N0. 1N0. 1
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`§§§§§§§§§
`§§§§§§§§§
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`DALLAS COUNTY, TEXASDALLAS COUNTY, TEXAS
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`§§§§§§§§
`§§§§§§§§
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`§§§
`§§§
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`V.V.
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`MICHAEL CRAIG DELAUGHTER,MICHAEL CRAIG DELAUGHTER,
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`Mil; HEARTPLACE, P.A.; RICHARDMil; HEARTPLACE, P.A.; RICHARD
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`CHANGE, M.D., AND BAYLOR ALLCHANGE, M.D., AND BAYLOR ALL
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`SAINTS MEDICAL CENTER d/b/aSAINTS MEDICAL CENTER d/b/a
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`BAYLOR SCOTT & WHETE ALLBAYLOR SCOTT & WHETE ALL
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`SAINTS MEDICAL CENTER—FORTSAINTS MEDICAL CENTER—FORT
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`WORTH,WORTH,
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`DEFENDANTS.DEFENDANTS.
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`DEFENDANTS CRAIG DELAUGHTER, Ml). AND HEARTPLACE, PASSDEFENDANTS CRAIG DELAUGHTER, Ml). AND HEARTPLACE, PASS
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`MOTION T0 TRANSFER VENUE AND ORIGINAL ANSWER SUBJECT THERETOMOTION T0 TRANSFER VENUE AND ORIGINAL ANSWER SUBJECT THERETO
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`TO THE HONORABLE JUDGE OF SAID COURT:TO THE HONORABLE JUDGE OF SAID COURT:
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`Craig DeLaughter, MI). and HeartPlace, EA, Defendants in the above entitled andCraig DeLaughter, MI). and HeartPlace, EA, Defendants in the above entitled and
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`numbered cause, file their Motion t0 Transfer Venue and, subject thereto, their Original Answer,numbered cause, file their Motion t0 Transfer Venue and, subject thereto, their Original Answer,
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`and would respectfully show the Court as follows:and would respectfully show the Court as follows:
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`MOTION T0 TRANSFER VENUEMOTION T0 TRANSFER VENUE
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`Defendants admit Defendant HeartPlace, P.A.’s principal office in the state isDefendants admit Defendant HeartPlace, P.A.’s principal office in the state is
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`I.I.
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`1.1.
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`located in Dallas County. However, Defendants seek. the transfer 0fthis matter to Tarrant County,located in Dallas County. However, Defendants seek. the transfer 0fthis matter to Tarrant County,
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`
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`a county 0f proper venue, pursuant t0 the discretionary provisions 0f Section 15.002 0f the Texasa county 0f proper venue, pursuant t0 the discretionary provisions 0f Section 15.002 0f the Texas
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`
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`Civil Practice and Remedies Code.Civil Practice and Remedies Code.
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`DEFENDANTS CRAIG DELAUGHTER, MD. AND HEARTPLACE, P.A.’SDEFENDANTS CRAIG DELAUGHTER, MD. AND HEARTPLACE, P.A.’S
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`MOTION T0 TRANSFER VENUE AND ORIGINAL ANSWER SUBJECT THERETOMOTION T0 TRANSFER VENUE AND ORIGINAL ANSWER SUBJECT THERETO
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`Page 1Page 1
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`2.2.
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`
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`Plaintiffs seek recovery for alleged negligent medical care. Tarrant County is aPlaintiffs seek recovery for alleged negligent medical care. Tarrant County is a
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`proper venue for this lawsuit because the medical care provided t0 Elias J. Nader, and all 0r aproper venue for this lawsuit because the medical care provided t0 Elias J. Nader, and all 0r a
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`
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`substantial part 0f the events 0r omissions, if any, giving rise t0 this lawsuit, occurred in Tarrantsubstantial part 0f the events 0r omissions, if any, giving rise t0 this lawsuit, occurred in Tarrant
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`County]County]
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`3.3.
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`
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`Based on information contained in Plaintiffs” Petition, at a1] relevant time periods,Based on information contained in Plaintiffs” Petition, at a1] relevant time periods,
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`Plaintiffs resided in Tarrant County.Plaintiffs resided in Tarrant County.
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`4.4.
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`Defendant Michael Craig Delaugl1ter,IM.D. resides in Tarrant County?Defendant Michael Craig Delaugl1ter,IM.D. resides in Tarrant County?
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`A substantial number 0f the material witnesses work and/or reside in TarrantA substantial number 0f the material witnesses work and/or reside in Tarrant
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`5.5.
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`County; including, the healthcare providers and physicians Who provided care t0 Elias J. Nader.3County; including, the healthcare providers and physicians Who provided care t0 Elias J. Nader.3
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`6.6.
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`
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`Defendants would request the Court transfer venue t0 Tarrant County. Texas lawDefendants would request the Court transfer venue t0 Tarrant County. Texas law
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`provides that this Court maya for the convenience 0f parties and witnesses and in the interests 0fprovides that this Court maya for the convenience 0f parties and witnesses and in the interests 0f
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`justice, transfer venue t0 Tarrant County. See TEX. CIV. PRAC. & REM. CODE § 15.002(b).justice, transfer venue t0 Tarrant County. See TEX. CIV. PRAC. & REM. CODE § 15.002(b).
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`Venue should be transferred t0 Tarran't County for the following reasons:Venue should be transferred t0 Tarran't County for the following reasons:
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`7.7.
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`(a)(a)
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`(b)(b)
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`(o)(o)
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`Maintenance 0f this lawsuit in Dallas County would work an injustice t0Maintenance 0f this lawsuit in Dallas County would work an injustice t0
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`Defendant Michael Craig Delaughter, M.D., and cause economic andDefendant Michael Craig Delaughter, M.D., and cause economic and
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`personal hardship.4personal hardship.4
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`Conversely, a transfer 0f this action t0 Tarrant County would not work anConversely, a transfer 0f this action t0 Tarrant County would not work an
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`injustice t0 Plaintiffs and would not impose a hardship 0n Plaintiffs,injustice t0 Plaintiffs and would not impose a hardship 0n Plaintiffs,
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`residents 0f Tarrant County.residents 0f Tarrant County.
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`In addition, the balance of interests of a1] the parties predominates in favorIn addition, the balance of interests of a1] the parties predominates in favor
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`0f the action being transferred t0 Tarrant County.0f the action being transferred t0 Tarrant County.
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`
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`8.8.
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`
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`Tarrant County is a more convenient venue for this action than Dallas County.Tarrant County is a more convenient venue for this action than Dallas County.
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`1 See attached Exhibit A, Affidavit 0f Michael Craig Delaughter, MD.1 See attached Exhibit A, Affidavit 0f Michael Craig Delaughter, MD.
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`2 Exhibit A at 1] 3.2 Exhibit A at 1] 3.
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`3 See Exhibit A.3 See Exhibit A.
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`4 See Exhibit A.4 See Exhibit A.
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`DEFENDANTS CRAIG DELAUGHTER, M.D. AND HEARTPLACE, P.A.’SDEFENDANTS CRAIG DELAUGHTER, M.D. AND HEARTPLACE, P.A.’S
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`MOTION TO TRANSFER VENUE AND ORIGINAL ANSWER SUBJECT THERETOMOTION TO TRANSFER VENUE AND ORIGINAL ANSWER SUBJECT THERETO
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`Page 2Page 2
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`9.9.
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`Accordingly, Defendants rBSpectfully request the Court t0 enter an OrderAccordingly, Defendants rBSpectfully request the Court t0 enter an Order
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`transferring this case t0 Tarrant County, Texas.transferring this case t0 Tarrant County, Texas.
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`H.H.
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`OREGINAL ANSWER SUBJECT TO THE MOTION T0 TRANSFER VENUEOREGINAL ANSWER SUBJECT TO THE MOTION T0 TRANSFER VENUE
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`GENERAL DENEALGENERAL DENEAL
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`Defendants deny each and every, all and singular, the material allegations set forthDefendants deny each and every, all and singular, the material allegations set forth
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`1.1.
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`in Plaintiffs’ Original Petition, and demand strict proofthereofby a preponderance 0f the evidence,in Plaintiffs’ Original Petition, and demand strict proofthereofby a preponderance 0f the evidence,
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`pursuant t0 Texas Rule 0f Civil Procedure 92.pursuant t0 Texas Rule 0f Civil Procedure 92.
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`AFFIRMATEVE DEFENSES AND LIMITATIONS ON DAMAGESAFFIRMATEVE DEFENSES AND LIMITATIONS ON DAMAGES
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`Pleading affirmatively, Defendants ape healthcare providers as that term is definedPleading affirmatively, Defendants ape healthcare providers as that term is defined
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`2.2.
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`II
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`
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`in Chapter 74 0fthe Texas Civil Practice and Remedies Code. Defendants affinnatively plead eachin Chapter 74 0fthe Texas Civil Practice and Remedies Code. Defendants affinnatively plead each
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`and every defense set forth in Chapter 74 0f the Texas Civil Practice and Remedies Code.and every defense set forth in Chapter 74 0f the Texas Civil Practice and Remedies Code.
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`3.3.
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`Pleading affirmatively, Defendants assert Plaintiffs” alleged injuries and damagesPleading affirmatively, Defendants assert Plaintiffs” alleged injuries and damages
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`were the result 0f an unavoidable occurrence as that term is understood and defined 1'11 Texas law.were the result 0f an unavoidable occurrence as that term is understood and defined 1'11 Texas law.
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`Specifically, the injuries and damages alleged were not caused by the negligence 0f any partySpecifically, the injuries and damages alleged were not caused by the negligence 0f any party
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`herein.herein.
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`4.4.
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`Pleading affirmatively, Defendants aslsert Plaintiffs’ alleged injuries and damagesPleading affirmatively, Defendants aslsert Plaintiffs’ alleged injuries and damages
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`
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`were not proximately caused by these Defendants. Moreover, Defendants would show that at allwere not proximately caused by these Defendants. Moreover, Defendants would show that at all
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`times, these Defendants acted in conformance with the applicable standards 0f care.times, these Defendants acted in conformance with the applicable standards 0f care.
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`5.5.
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`Pleading affirmatively, Defendants aslsefi Plaintiffs’ alleged injuries and damagesPleading affirmatively, Defendants aslsefi Plaintiffs’ alleged injuries and damages
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`were due t0 a new and independent and/or intervening and superseding cause. Specifically,were due t0 a new and independent and/or intervening and superseding cause. Specifically,
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`Plaintiffs’ alleged injuries, including the death 0f Elias J. Nader, were due t0 acts and/or omissionsPlaintiffs’ alleged injuries, including the death 0f Elias J. Nader, were due t0 acts and/or omissions
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`0f a third party or third parties 0f Which Defendants Ihad n0 control. These acts and/or omissions0f a third party or third parties 0f Which Defendants Ihad n0 control. These acts and/or omissions
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`DEFENDANTS CRAIG DELAUGHTER, M.D. AND HEARTPLACE, P.A.’SDEFENDANTS CRAIG DELAUGHTER, M.D. AND HEARTPLACE, P.A.’S
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`MOTION T0 TRANSFER VENUE AND ORIGINAL ANSWER SUBJECT THERETOMOTION T0 TRANSFER VENUE AND ORIGINAL ANSWER SUBJECT THERETO
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`Page 3Page 3
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`constituted a new and independent cause 01' an intervening, superseding cause wholly separatingconstituted a new and independent cause 01' an intervening, superseding cause wholly separating
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`any alleged acts and/or omissions 0f these Defendafits, as set forth in Plaintiffs” latest petition,any alleged acts and/or omissions 0f these Defendafits, as set forth in Plaintiffs” latest petition,
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`from the injuries alleged by Plaintiffs.from the injuries alleged by Plaintiffs.
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`6.6.
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`Pleading affirmatively, Defendants assert Plaintiffs’ alleged injuries and damagesPleading affirmatively, Defendants assert Plaintiffs’ alleged injuries and damages
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`were solely caused by a person 01* thing other thfin these Defendants, and these Defendantswere solely caused by a person 01* thing other thfin these Defendants, and these Defendants
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`committed n0 negligent act 0r omission in conjunction with said other acts and/or omissions.committed n0 negligent act 0r omission in conjunction with said other acts and/or omissions.
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`7.7.
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`Pleading affirmatively, Defendants asset”: the limitations 011 medical 0r health carePleading affirmatively, Defendants asset”: the limitations 011 medical 0r health care
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`expenses contained in section 41 .0105 0f the Texas Civil Practice and Remedies Coda.expenses contained in section 41 .0105 0f the Texas Civil Practice and Remedies Coda.
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`8.8.
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`Pleading affirmatively, Defendants assert the limitation 0n noneconomic damagesPleading affirmatively, Defendants assert the limitation 0n noneconomic damages
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`contained in section 74.301 0f the Texas Civil Practice and Remedies Code.contained in section 74.301 0f the Texas Civil Practice and Remedies Code.
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`9.9.
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`Pleading affirmatively, Defendants assert any damages, if awarded, are governedPleading affirmatively, Defendants assert any damages, if awarded, are governed
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`by section 74.503 0f the Texas Civil Practice and Remedies Code.by section 74.503 0f the Texas Civil Practice and Remedies Code.
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`10.10.
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`Pleading affirmatively, Defendants assert-the limitation 011 damages contained inPleading affirmatively, Defendants assert-the limitation 011 damages contained in
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`section 74.303 0f the Texas Civil Practice and Remedies Code.section 74.303 0f the Texas Civil Practice and Remedies Code.
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`11.11.
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`Pleading affirmatively, Defendants assert any damages, if awarded, are governedPleading affirmatively, Defendants assert any damages, if awarded, are governed
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`by section 18.091 0f the Texas Civil Practice and Remedies Code.by section 18.091 0f the Texas Civil Practice and Remedies Code.
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`12.12.
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`Pleading affirmatively, Defendants assert the pre—judgment interest limitationsPleading affirmatively, Defendants assert the pre—judgment interest limitations
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`contained in Chapter 304 0f the Texas Finance Code.contained in Chapter 304 0f the Texas Finance Code.
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`13.13.
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`PleadingPleading
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`affirmatively,affirmatively,
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`DefendantsDefendants
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`assertassert
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`thethe
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`contribution,contribution,
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`indemnity,indemnity,
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`proportionate responsibility, and joint and several liability provisions contained in Chapters 32 andproportionate responsibility, and joint and several liability provisions contained in Chapters 32 and
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`33 0f the Texas Civil Practice and Remedies Code.33 0f the Texas Civil Practice and Remedies Code.
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`DEFENDANTS CRAIG DELAUGHTER, M.D. AND HEARTPLACE, P.A.’SDEFENDANTS CRAIG DELAUGHTER, M.D. AND HEARTPLACE, P.A.’S
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`MOTION T0 TRANSFER VENUE AND ORIGINAL ANSWER SUBJECT THERETOMOTION T0 TRANSFER VENUE AND ORIGINAL ANSWER SUBJECT THERETO
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`Page 4Page 4
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`14.14.
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`Pleading affilmatively, Defendants assert the settlement credit provisions containedPleading affilmatively, Defendants assert the settlement credit provisions contained
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`ifi section 33.012 0fthe Texas Civil Practice and Remedies Code apply t0 Plaintiffs” claims againstifi section 33.012 0fthe Texas Civil Practice and Remedies Code apply t0 Plaintiffs” claims against
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`Defendants if Plaintiffs choose t0 settle other claims against one 0r more parties.Defendants if Plaintiffs choose t0 settle other claims against one 0r more parties.
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`15.15.
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`Defendants contend this matter should be conducted under a Level 3 DiscoveryDefendants contend this matter should be conducted under a Level 3 Discovery
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`Control Plan.Control Plan.
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`16.16.
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`JURY DEMANDJURY DEMAND
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`Pursuant t0 Texas Rule 0f Civil Procedure 216, Defendant demands a jury trial.Pursuant t0 Texas Rule 0f Civil Procedure 216, Defendant demands a jury trial.
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`USE 0F DOCUMENTS PRODUCED EN DISCOVERYUSE 0F DOCUMENTS PRODUCED EN DISCOVERY
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`Defendant hereby gives notice 0f his intention t0 utilize items produced by allDefendant hereby gives notice 0f his intention t0 utilize items produced by all
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`parties in discovery at any pretrial proceeding 01* at trial for this matter. The authenticity 0f suchparties in discovery at any pretrial proceeding 01* at trial for this matter. The authenticity 0f such
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`17.17.
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`items is s'elf—proven pursuant t0 Texas Rule 0f Civil Procedure 193.7.items is s'elf—proven pursuant t0 Texas Rule 0f Civil Procedure 193.7.
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`PRAYERPRAYER
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`Defendants Michael Craig Delaughter, MD. and HeartPlage, PA. pray that uponDefendants Michael Craig Delaughter, MD. and HeartPlage, PA. pray that upon
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`18.18.
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`trial Plaintiffs take nothing, Defendants recover their costs, and Defendants receive all other relieftrial Plaintiffs take nothing, Defendants recover their costs, and Defendants receive all other relief
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`t0 which they may be entitled.t0 which they may be entitled.
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`DEFENDANTS CRAIG DELAUGHTER, MD. AND HEARTPLACE, P.A.’SDEFENDANTS CRAIG DELAUGHTER, MD. AND HEARTPLACE, P.A.’S
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`MOTION T0 TRANSFER VENUE AND ORIGINAL ANSWER SUBJECT THERETOMOTION T0 TRANSFER VENUE AND ORIGINAL ANSWER SUBJECT THERETO
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`Page 5Page 5
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`Respectfully Submitted,Respectfully Submitted,
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`THIEBAUD REMINGTON THORNTON BAILEY LLPTHIEBAUD REMINGTON THORNTON BAILEY LLP
`
`
`By:/s/Stan ThiebaudBy:/s/Stan Thiebaud
`
`STAN THIEBAUDSTAN THIEBAUD
`
`State Bar Card N0. 19836200State Bar Card N0. 19836200
`
`sthiebaud@trtblaw.comsthiebaud@trtblaw.com
`
`WENDY H. HERMESWENDY H. HERMES
`
`State Bar Card N0. 24007352State Bar Card N0. 24007352
`
`whermesafltrtblawxomwhermesafltrtblawxom
`
`4849 Greenville Avenue4849 Greenville Avenue
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`Suite 1150Suite 1150
`
`Dallas, Texas 75206Dallas, Texas 75206
`
`(214) 954—2200(214) 954—2200
`
`(214) 754—0999 (Fax)(214) 754—0999 (Fax)
`
`ATTORNEYS FOR DEFENDANTSATTORNEYS FOR DEFENDANTS
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`CRAEG DELAUGHTER, MI).CRAEG DELAUGHTER, MI).
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`AND HEARTPLACE, RA.AND HEARTPLACE, RA.
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`DEFENDANTS CRAIG DELAUGHTER, NLD. AND HEARTPLACE, P.A.’SDEFENDANTS CRAIG DELAUGHTER, NLD. AND HEARTPLACE, P.A.’S
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`MOTION TO TRANSFER VENUE AND ORIGINAL ANS‘WER SUBJECT THERETOMOTION TO TRANSFER VENUE AND ORIGINAL ANS‘WER SUBJECT THERETO
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`Page 6Page 6
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`CERTIFECATE 0F SERVICECERTIFECATE 0F SERVICE
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`I hereby certify that a true and correct copy 0f the foregoing has been served upon allI hereby certify that a true and correct copy 0f the foregoing has been served upon all
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`known counsel 0f record as indicated below 0n this 3'0‘11 day 0f January, 2019.known counsel 0f record as indicated below 0n this 3'0‘11 day 0f January, 2019.
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`VIA E-SERVE:VIA E-SERVE:
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`Charla AldousCharla Aldous
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`Brent WalkerBrent Walker
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`Caleb MillerCaleb Miller
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`Tiffany StandlyTiffany Standly
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`A1d0us\Walker LLPA1d0us\Walker LLP
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`2311 Cedar Springs, Ste. 2002311 Cedar Springs, Ste. 200
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`Dallas, TX 75201Dallas, TX 75201
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`/s/Stan Thiebaud/s/Stan Thiebaud
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`STAN THEEBAUDSTAN THEEBAUD
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`DEFENDANTS CRAIG DELAUGHTER, M'.D. AND HEARTPLACE, P.A.’SDEFENDANTS CRAIG DELAUGHTER, M'.D. AND HEARTPLACE, P.A.’S
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`' MOTION TO TRANSFER VENUE AND ORIGINAL ANSWER SUBJECT THERETO' MOTION TO TRANSFER VENUE AND ORIGINAL ANSWER SUBJECT THERETO
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`AS REPRESENTATIVE 0F THEAS REPRESENTATIVE 0F THE
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`ESTATE OF ELIAS J. NADEILESTATE OF ELIAS J. NADEIL
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`DECEASED, AND AS NEXT FRIENDDECEASED, AND AS NEXT FRIEND
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`OF ASSN AND ALN, MINGRSa JAMESOF ASSN AND ALN, MINGRSa JAMES
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`NADER AND KAY NADEKNADER AND KAY NADEK
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`PLAINTIFFSPLAINTIFFS
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`MICHAEL CRAIG BELAUGHTER,MICHAEL CRAIG BELAUGHTER,
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`MIL; HEARTPLACEF PA.; RICHARDMIL; HEARTPLACEF PA.; RICHARD
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`CHANGE, M.D., AND EAYLOR ALLCHANGE, M.D., AND EAYLOR ALL
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`SAINTS MEDICAL CENTER d/b/aSAINTS MEDICAL CENTER d/b/a
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`BAYLGR SCOTT £5 WHITE ALLBAYLGR SCOTT £5 WHITE ALL
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`SAINTS NIEDICAL CENTERwFORTSAINTS NIEDICAL CENTERwFORT
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`WORTH,WORTH,
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`DEFENMNTS.DEFENMNTS.
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`DALLAS COUNTY, TEXASDALLAS COUNTY, TEXAS
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`AFFmAVIT OF MICHAEL CRAIG DELAUGETERq NLD.AFFmAVIT OF MICHAEL CRAIG DELAUGETERq NLD.
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`BEFORE ME, the undarsigned authority, 011 this day personally appearad Michael CraigBEFORE ME, the undarsigned authority, 011 this day personally appearad Michael Craig
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`Delaughter, M.D., and first being duly swam according to law, upon his oath deposad and statedDelaughter, M.D., and first being duly swam according to law, upon his oath deposad and stated
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`as follows:as follows:
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`“My name is Michael Craig Delaught'er, MD. I am WM the age of twenty-one“My name is Michael Craig Delaught'er, MD. I am WM the age of twenty-one
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`1‘1‘
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`(21) years, am 0f sound mind? and suffer from no legal disabilities. I have never been. convicted(21) years, am 0f sound mind? and suffer from no legal disabilities. I have never been. convicted
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`of a crime, I am fully competent to testify to the matters stated herein bascd upOn personalof a crime, I am fully competent to testify to the matters stated herein bascd upOn personal
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`knowledge. Further, all the matters stated herain are true and correct.knowledge. Further, all the matters stated herain are true and correct.
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`“I am a cardiologist and elecimphysiologist. My practice i5 located in Tarrant“I am a cardiologist and elecimphysiologist. My practice i5 located in Tarrant
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`2.2.
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`County, Texas. Specifically, my two office locations are: (1) 1305 Aixport Freeway, Suite 301,County, Texas. Specifically, my two office locations are: (1) 1305 Aixport Freeway, Suite 301,
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`Bcdford, Texas 76021, and (2) 1650 W. Magnolia Avenue, Suite 1023 Fort Worth, Texas, 76104,Bcdford, Texas 76021, and (2) 1650 W. Magnolia Avenue, Suite 1023 Fort Worth, Texas, 76104,
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`“I reside; in Tarrant County, Texas,“I reside; in Tarrant County, Texas,
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`3.3.
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`“The care and treahnent that I provided to Elias J. Nader, which is the subject“The care and treahnent that I provided to Elias J. Nader, which is the subject
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`4.4.
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`matter of this lawsuit, took place solely in Tan‘am County, Texas.matter of this lawsuit, took place solely in Tan‘am County, Texas.
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`“It is my undarstanding that all of the care and maiment of Elias J. Nader at issue“It is my undarstanding that all of the care and maiment of Elias J. Nader at issue
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`5.5.
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`in this lawsuit took place in Tarrant County, Texas. It is also my understanding a majority of thain this lawsuit took place in Tarrant County, Texas. It is also my understanding a majority of tha
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`material witnesses in this matter woflc major reside in Tarrant County, Taxas.material witnesses in this matter woflc major reside in Tarrant County, Taxas.
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`“The trial of this matter will take Inc away fi‘om my office practice and seeing my“The trial of this matter will take Inc away fi‘om my office practice and seeing my
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`6.6.
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`hospital patignts during my regular Working hours.hospital patignts during my regular Working hours.
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`“I will be away fiom my practice: far less time if the trial 0f this matter is in“I will be away fiom my practice: far less time if the trial 0f this matter is in
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`7-7-
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`Tarrant County, not Dallas County.Tarrant County, not Dallas County.
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`AFFIDAVIT 0F MICHAEL CRAIG bELAUGHTER, M.D.AFFIDAVIT 0F MICHAEL CRAIG bELAUGHTER, M.D.
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`“Therafore, the impact 0f trial 011 me will bf: minimized if the lawsuit ls 1n Tan‘ant“Therafore, the impact 0f trial 011 me will bf: minimized if the lawsuit ls 1n Tan‘ant
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`3.3.
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`County due to the fact I will spend less. time traveling to and from the courthouse and less timeCounty due to the fact I will spend less. time traveling to and from the courthouse and less time
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`away from seeing my patients at the office and 1n the hasp'rtalaway from seeing my patients at the office and 1n the hasp'rtal
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`“If this lawsuit'15 maintained in and trial takes place 11:1 Dallas. County, I will be:“If this lawsuit'15 maintained in and trial takes place 11:1 Dallas. County, I will be:
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`9.9.
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`put to unnecessary eXpanse and xnoonvenienceput to unnecessary eXpanse and xnoonvenience
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`FURTHER AFFIANT SAYETI—IN%flFURTHER A