Guadalupe C. Coronel, Individually and as Representative of the Estate of Veronica Coronel v. Providence Imaging Consultants, P. A., and Scott Blumenfeld, M. D. ( 2015 )


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  •                                                                                       ACCEPTED
    08-14-00140-CV
    08-14-00140-CV                          EIGHTH COURT OF APPEALS
    EL PASO, TEXAS
    7/23/2015 10:40:33 AM
    DENISE PACHECO
    CLERK
    No. 08-14-00140-CV
    IN THE
    EIGHTH JUDICIAL DISTRICT COURT OF APPEALS        FILED IN
    8th COURT OF APPEALS
    EL PASO, TEXAS                EL PASO, TEXAS
    7/23/2015 10:40:33 AM
    GUADALUPE CORONEL, INDIVIDUALLY AND AS REPRESENTATIVE
    DENISE PACHECO
    OF THE ESTATE OF VERONICA CORONEL, DECEASED      Clerk
    APPELLANT,
    v.
    PROVIDENCE IMAGING CONSULTANTS, P.A. AND SCOTT BLUMENFELD, M.D.
    APPELLEES.
    Appealed from the 34th Judicial District Court
    Of El Paso County, Texas
    APPELLEES' MOTION TO VACATE THE SEPTEMBER 17, 2015
    ORAL ARGUMENT SETTING
    RAY, MCCHRISTIAN & JEANS, P.C.
    5822 Cromo Drive
    El Paso, Texas 79912
    (915) 832-7200
    (915) 832-7333 Fax
    DAVID S. JEANS                            ROBERT D. DINSMOOR
    State Bar No. 10597400                    State Bar No. 05888250
    e-mail:  &cans cv--:
    e-mail: ci.             - .corn
    rmjfirm.com                      rdinsmooKiTrnjfirm.com
    e-mail: rdinsmoor((irrnjfirm.com
    Attorneys for Appellees
    TO THE HONORABLE JUSTICES OF THE EIGHTH COURT OF APPEALS:
    On July 17, 2015 this Court issued notice setting the above styled and
    numbered cause for oral argument on September 17, 2015 at 1:00 p.m.. See
    Exhibit "A" attached hereto. Both counsel for Appellees— i.e. David S. Jeans and
    Robert D. Dinsmoor— have previously been scheduled for trial in the United States
    District Court, Western District of Texas, before the Honorable Frank Montalvo in
    the case of Three Legged Monkey, L.P. v. The City of El Paso, Texas et. al. Cause
    No. 3:14-CV-00260-FM wherein David S. Jeans and Robert D. Dinsmoor
    represent The City of El Paso, Texas and the individually named city defendants
    (in their representative capacities) in that case. Judge Montalvo has previously set
    that case for jury trial with trial scheduled to begin at 1:00 p.m. on September 14,
    2015. A copy of that order is attached as Exhibit "B". It is anticipated the trial
    will last at least through the week of September 14, 2015. This motion to vacate is
    timely filed within the ten day period set forth in this Court's September 17, 2015
    notice setting oral argument. The facts set forth in this motion are within the
    personal knowledge of the undersigned attorney. See T.R.A.P. Rule 10.2(c).
    PRAYER
    Wherefore, because of the unavailability of counsel for Appellees for the
    scheduled September 17, 2015 oral argument in the above styled and numbered
    RMJ No. 511.404 1M 440464                                               Page 2
    cause, Appellees pray that this Court vacate the September 17, 2015 oral argument
    setting and re-schedule the oral argument for a later date.
    CERTIFICATE OF CONFERENCE
    The undersigned hereby certifies that he has conferred with Alfonso
    Melendez, counsel for Appellant, and that Appellant's counsel does not oppose
    this motion.
    Date: July 23, 2015                    Respectfully submitted,
    /s/Robert D. Dinsmoor
    State Bar No. 05888250
    e-mail: -
    Counsel for Appellees
    CERTIFICATE OF SERVICE
    Pursuant to Texas Rule of Appellate Procedure 9.5, I certify that on the above
    date a true and correct copy of the foregoing document was electronically
    filed and served via the court's electronic service— as well as being sent by e-
    mail— to Alfonso L. Melendez, 11335 Pellicano Dr. El Paso, TX. 79936 (e-
    mail address: alforiso almfirm.com)— Attorney for Appellant.
    /s/Robert D. Dinsmoor
    State Bar No. 05888250
    e-mail: rdinsmoor urm         .com
    Counsel for Appellees
    RMJ No. 511.404 1M 440464                                            Page 3
    EXHIBIT "A"
    RMJ No. 511.404 1M 440464    Page 4
    COURT OF APPEALS
    CHIEF JUSTICE                                                                                    CLERK
    Arm Crawford McClure             EIGHTH DISTRICT OF TEXAS                                        Denise Pacheco
    JUSTICES                                        EL PASO COUNTY COURTHOUSE
    Yvonne T. Rodriguez                        500 E. SAN ANTONIO AVE., SUITE 1203
    Steven L. Hughes                                EL Paso, TEXAS 79901-2408
    (915) 546-2240 FAX (915) 546-2252
    E-MAIL: CLERICa8THCOA.TXCOURTS.GOV
    July 17, 2015
    Hon. Alfonso L. Melendez                             Hon. David S. Jeans
    Attorney at Law                                      Ray, Valdez, McChristian & Jeans
    11335 Pellicano                                      5822 Cromo, Suite 400
    El Paso, TX 79936                                    El Paso, TX 79912
    * DELIVERED VIA E-MAIL *                             * DELIVERED VIA E-MAIL *
    : Court of Appeals Number: 08-14-00140-CV
    Trial Court Case Number: 2014DCV0904
    Style: Guadalupe C. Coronel, Individually and as Representative of the Estate of Veronica
    Coronel, Deceased
    v.
    Providence Imaging Consultants, P. A., and Scott Blumenfeld, M. D.
    1Please take notice that the above captioned cause has been set for submission with oral
    argument for September 17, 2015, at 1:00 p.m., in THE COURTROOM OF THE EIGHTH
    COURT OF APPEALS, 500 E. SAN ANTONIO, EL PASO COUNTY COURTHOUSE,
    SUITE 1203, EL PASO, TEXAS.
    If the case is settled or will not be argued for any reason, the clerk shall be notified at
    once so that the court can maintain a full docket of cases to be argued. Any motion to vacate
    should be filed within 10 days of this notice.
    ARGUMENTS ARE LIMITED TO TWENTY MINUTES EACH SIDE, WITH
    TEN MINUTES ADDITIONAL REBUTTAL FOR APPELLANT(S). LEAVE OF
    COURT MUST BE OBTAINED FOR ADDITIONAL TIME.
    The above case is scheduled to be heard before Chief Justice McClure, Justice Rodriguez
    and Justice Hughes. Panel is subject to change.
    PLEASE ACKNOWLEDGE RECEIPT OF THIS SUBMISSION NOTICE by
    clicking the link below and completing he Oral Argument Acknowledgement Foi in. Once the
    form has been completed the same must he filed with this Court through the approved electronic
    filing system. http://www%txcourts1::)%          )95/oa ackfonmpdf
    Respectfully yours,
    DENISE PACHECO, CLERK
    EXHIBIT "B"
    RMJ No. 511.404 IM 440464    Page 5
    Case 3:14-cv-00260-FM
    3:14-cv-00260-FM Document
    Doct ent 21
    21Filed
    Filed10/14114
    10/14/14 Page
    Page 1 of 4
    IN THE UNITED STATES DISTRICT COURT
    FOR THE WESTERN DISTRICT OF TEXAS
    EL PASO DIVISION
    THREE LEGGED MONKEY, LP;
    3LM, LLC; and JAMES MICHAEL
    ARMSTRONG,
    Plaintiffs,
    v.                                                               EP-14-CV-00260-FM
    CITY OF EL PASO, TEXAS; DAVID
    BRANDT, individually and as Trustee and
    General Partner of Hawkins Plaza;
    PATRIOT PLACE LTD; EMMA
    ACOSTA, in her official and individual
    capacity as City Representative for
    District Three of El Paso, Texas and as a
    private individual; JOYCE WILSON, in
    her official and individual capacity as City
    Manager of El Paso, Texas and as a
    private citizen; STEVE ORTEGA, in his
    official and individual capacity as City
    Representative for District Seven of El
    Paso, Texas; SUSANNAH M. BYRD, in
    her official and individual capacity as City
    Representative of District Two of El Paso,
    Texas; EL PASO INTERNATIONAL
    AIRPORT; ANN MORGAN LILLY, in
    her official and individual capacity as
    Representative for District One of El Paso,
    Texas and as a private citizen,
    Defendants.
    SCHEDULING ORDER
    The court has considered the appearing parties' recommendations for scheduling deadlines in
    the above numbered and styled cause and issues the following Scheduling Order:
    1. The parties shall advise the court whether or not they consent to trial by a United States
    Magistrate Judge no later than November 14, 2014.
    Pursuant to 28 U.S.C. § 636(c)(1), all full-time Magistrate Judges are authorized and
    empowered to try any civil case, jury or non-jury, with the consent of all parties to the lawsuit. Your
    consent to trial by a Magistrate Judge must be voluntary, and you are free to withhold your consent
    Case 3:14-cv-00260-FM Document 21 Filed 10/14/14 Page 2 of 4
    without suffering any adverse consequences. If all parties consent to trial of this case by a
    Magistrate Judge, this court will enter an order referring the case to a Magistrate Judge for trial and
    entry of judgment. If the case has already been referred to a Magistrate Judge for pretrial matters
    and the parties consent to a trial before a Magistrate Judge, the trial will be before the Magistrate
    Judge already assigned to the case.
    2. The parties asserting claims for relief shall submit a written offer of settlement to
    opposing parties no later than January 9, 2015. Each opposing party shall respond, in writing, on
    or before February 6, 2015.
    3. The parties shall file all motions to amend or supplement pleadings or to join additional
    parties no later than December 5, 2014.
    4. All parties asserting claims for relief shall FILE their designation of potential witnesses,
    designation of testifying experts, and list of proposed exhibits, and shall SERVE on all parties, but
    not file, the materials required by FED. R. Civ. P. 26(a)(2)(B) on or before January 16, 2015. Parties
    resisting claims for relief shall FILE their designation of potential witnesses, designation of
    testifying experts, and a list of proposed exhibits, and shall SERVE on all parties, but not file, the
    materials required by FED. R. Civ. P. 26(a)(2)(B) on or before January 29, 2015. All designations of
    rebuttal experts shall be filed within 30 days of receipt of the report of the opposing expert.
    5. The parties shall complete discovery on or before April 14, 2015. Counsel may, by
    agreement, continue discovery beyond the deadline, but there will be no intervention by the court
    except in extraordinary circumstances. No trial date will be vacated because of information obtained
    in post-deadline discovery.
    6. ADR is mandatory. ADR must be completed no later than May 14, 2015. The parties
    shall FILE a report on alternative dispute resolution in compliance with Local Rule CV-88 no later
    than 20 days after the alternative dispute resolution deadline.
    7. The parties shall file all dispositive motions, if any, no later than June 15, 2015.
    Dispositive motions as defined in Local Rule CV-7(c) and responses to dispositive motions shall be
    limited to 20 pages in length.
    8. All objections or motions under Rule 702 or Rule 703 of the Federal Rules of Evidence
    shall be filed with the court and served upon opposing parties no later than 60 days after
    after the close of
    discovery.
    9. All transcript requests shall be made, in writing, to Nalene Benavides, Official Court
    Reporter, by way of regular mail or by hand delivery to Sandra Flores, Judicial Assistant. Phone
    requests for transcripts will NOT be accepted.
    10. This case is set for a JURY TRIAL before the court on September 14, 2015 at 1:00
    p.m., in Courtroom No. 422, Fourth Floor of the United States District Courthouse, 525 Magoffin
    2
    Case 3:14-cv-00260-FM
    3:14-cv-00260-FM Document
    Document 21
    21 Filed
    Filed 10/14/14
    10/14/14 Page
    Page 33 of
    o4
    Ave., El Paso, Texas, 79901. The parties shall file their pretrial submissions in the form set out in
    CV-16(e) not
    Local Rule CV-16(e)   not later
    laterthan
    than September
    September 4, 2015.
    If any party intends to call more than three deposition witnesses for a total of more than 45
    pages of deposition testimony, then the proposed testimony shall be filed four weeks before the trial
    date. The other parties shall have ten days to file their proposed testimony and objections, if any.
    If the parties reach a settlement or otherwise resolve the case, the parties must promptly
    notify the court.
    Parties are encouraged to work out any scheduling conflicts and difficulties in meeting
    deadlines. Parties can agree to move any deadlines for paragraphs numbered one through five
    leave of
    without leave of court,
    court, but
    butmust  FILE notification of any such agreement. All other deadlines
    mustFILE
    cannot be moved without leave of the court.
    The court expects the parties to strictly adhere to this Order. Failure to do so will result in
    sanctions to any offending party. Continuances, even if agreed upon by counsel, will be granted
    rarely. A motion for continuance will only be considered if it is in writing and it is supported by
    affidavit(s) setting forth its bases.
    Before filing any notice of depositions, the movant must contact any and all parties to
    determine if the requested deposition will be opposed.
    All contested notices of depositions will be denied with prejudice unless movant strictly
    adheres to the following:
    1.       Movant serves upon respondent the complete notice of deposition(s);
    2.       Respondent replies in writing
    writing within
    within seven
    seven days
    days of receipt (10 days ifif served by
    FAX, U.S. MAIL, or PRIVATE carrier);
    3
    3.       Parties confer about the response within
    within seven days of the response due date. Movant
    is responsible for scheduling said conference. Respondent's failure to respond or to
    cooperate will result in sanctions;
    4.      Within five days of the conference, Movant serves a proposed written specific
    agreement resolving the dispute, and when applicable, a specific timetable for
    compliance;
    5.      Respondent accepts or declines the proposed agreement
    agreement within
    within five days of receipt
    (eight days
    (eight days ififserved
    servedby
    byFAX,
    FAX, U.S.
    U.S. MAIL,
    MAIL, oror PRIVATE
    PRIVATE carrier)
    carrier) or submits a counter
    proposal; and
    6.       Steps 4 and 5 are exhausted.
    All pleadings shall be filed within the applicable deadlines as set forth in the Local Rules of
    the United States District Court for the Western District of Texas. Parties are not entitled to an
    additional three (3) days as stated in Federal Rule of Civil Procedure 6(d), as amendments to the
    3
    Case 3:14-cv-00260-FM Document 21 Filed
    Filed 10/14/14
    10/14/14 Page
    Page 4 of 4
    4 of
    Local Rules have already accounted for the three-day period.'
    The above procedure must be completed within the timetable set forth by the various
    deadlines in this Order. It does not apply to notices involving nonparties or to witnesses not
    employed by the parties or their counsel.
    SO ORDERED.
    SIGNED this 14th day of October, 2014.
    FRANK MONTALVO
    UNITED STATES DISTRICT JUDGE
    I See "Standing Order Clarifying Time Limits for Filing Responses and Replies," entered July 25, 2014.
    4
    

Document Info

Docket Number: 08-14-00140-CV

Filed Date: 7/23/2015

Precedential Status: Precedential

Modified Date: 9/28/2016