Case Information
*1 r/RECEIVED^
JUH 3 0 2015 THIRD COURT OfAPPEALS^, \ JEFFREY D. KYLE /
CAUSE NO. D-l-GN-12-000983 LAKE TRAVIS TRANSITIONAL LTCH, IN THE DISTRICT COURT OF LLC n/k/a LAKE TRAVIS SPECIALTY HOSPITAL, L.L.C.,
Plaintiff, TRAVIS COUNTY, TEXAS LAKEWAY REGIONAL MEDICAL CENTER, LLC, SURGICAL DEVELOPMENT PARTNERS, LLC, BRENNAN, MANNA & DIAMOND, LLC, BRENNAN, MANNA & DIAMOND, P.L., AND FRANK T. SOSSI,
Defendants. 345TH JUDICIAL DISTRICT
DEFENDANTS' REQUEST FOR PREPARATION OF SUPPLEMENTAL CLERK'S RECORD TO: Hon. Velva L. Price, District Clerk, Civil Division, 1000 Guadalupe Street, Room 301, Austin, TX 78701 Defendants Lakeway Regional Medical Center, LLC and Surgical Development Partners,
LLC ("Defendants") are appealing the final judgment signed in this case on October 16, 2014, to the Third Court of Appeals, Austin, Texas, Case No. 03-15-00025-CV.
On January 12, 2015, Defendants filed their Request for Preparation of Clerk's Record. The following items were requested but were not included in the Clerk's Record filed on June 16, 2015. Nor were they included in the Clerk's Record filed on May 21 and June \8. Defendants respectfully request that you prepare, for inclusion in a Supplemental Clerk's Record, the following designated items and any accompanying exhibits:
Original Document Description Date Request No. Plaintiffs Motion to Compel Production of Documents Based on 10 12/9/13 Crime-Fraud Exception (Only the first page of the motion was included in the June 16, 2015 Clerk's Record.)
540513171 *2 Original Document Description Date Request No. Affidavit in Support of Plaintiffs Responses to Defendants' 5/21/14 Motions for Summary Judgment Defendants' Objections to Plaintiffs Deposition Designations
81 8/11/14 Defendants' Opposition to Plaintiffs Motion for Entry of Judgment j 10/10/14 104 Plaintiffs Response in Opposition to Defendants' Motion to j 105 10/10/14 Disregard Certain Jury Findings and for Rendition of a Take ! Nothing Judgment Against Plaintiff Cover letter from Judge Livingston enclosing Orders
106 10/17/14 Order - denying Defendants' Motion to Disregard Certain Jury
j
signed 107 Findings and for Renditions of a Take Nothing Judgment Against i 10/16/14; filed Plaintiff 10/17/14 Defendants also respectfully request that the following item be included in the Supplemental Clerk's Record: signed 7/16/14; Order on Defendants Brennan, Manna & Diamond, LLC and Frank T. Sossi's Amended Traditional and No-Evidence Motion for Summary filed 7/17/14 Judgment This Request for Preparation of Supplemental Clerk's Record
6/25/15 Please let me know when the record is complete so that I may arrange for prompt payment. Because the Court of Appeals has set a due date for the Appellants' Brief, we ask that you prepare and file the supplemental record as soon as you can do so. 54061317 i
*3 Respectfully submitted,
NORTON ROSE FULBRIGHT US LLP
By: /s/JeffCody
Jeff Cody State Bar No. 04468960 jeff.cody@nortonrosefulbright.com Barton W. Cox State Bar No. 24065087 beau. cox@nortonrosefulbright.com James V. Leito IV State Bar No. 24054950 james.leito@nortonrosefulbright.com
2200 Ross Avenue, Suite 3600 Dallas, TX 75201-2784 Telephone: (214)855-8000 Telecopier: (214)855-8200
Joy Solo way State Bar No. 18838700 joy.soloway@nortonrosefulbright.com
1301 McKinney, Suite 5100 Houston, TX 77010-3095- Telephone: (713)651-5151 Telecopier: (713)651-5246 Attorneysfor Defendants Lakeway Regional Medical Center, LLCand Surgical Development Partners, LLC
54061317.1
CERTIFICATE OF FILING
*4 AND SERVICE On the 25th day of June 2015, this Request for Preparation of Supplemental Clerk's Record was served on the following and filed in compliance with the Texas Rules of Civil Procedure and Texas Rules of Appellate Procedure by FileTime.com upon:
Hon. Velva L. Price Travis County District Clerk Civil Division 1000 Guadalupe Street, Room 301 Austin, TX 78701 S. Abraham Kuczaj III akuczaj@scottdoug. com Paige A. Amstutz pamstutz@scottdoug. com Steven J. Wingard swingard@scottdoug.com Jane Webre jwebre@scottdoug.com Scott Douglass & McConnico LLP 303 Colorado Street, Suite 2400 Austin, TX 78701-3234 Via Email Robert A. Bragalone bbragalone@gordonrees.com B. Ryan Fellman rfellman@gordonrees. com Gordon & Rees LLP 2100 Ross Avenue, Suite 2800 Dallas, TX 75201 Via Email Jeffrey D. Kyle, Clerk Third Court of Appeals District Price Daniel, Sr. Building 209 West 14th Street, Room 101 Austin, TX 78701 Via U.S. Mail
/s/JeffCody
JEFF CODY
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