in Re Jourdanton Hospital Corporation D/B/A South Texas Regional Medical Center

• Court: Court of Appeals of Texas
• Decided: June 15, 2015
• Docket: 04-14-00817-CV
• Status: Published

Opinion

NO. 14-1080

IN THE SUPREME COURT OF TEXAS

•• «-•"

IN RE JOURDANTON HOSPITAL CORPORATION D/B/A SOUTH *" & TEXAS REGIONAL MEDICAL CENTER,

RELATOR

Original Proceeding from the Fourth Court of Appeals at San Antonio, Texas Cause No. 04-14-00817-CV

RELATOR'S OPPOSED EMERGENCY MOTION TO STAY UNDERLYING PROCEEDINGS

Monte F. James State Bar No. 10547520 mjames@jw.com Joshua A. Romero State Bar No. 24046754 jromero@jw.com JACKSON WALKER L.L.P. 100 Congress Avenue, Suite 1100 Austin, Texas 78701 (512) 236-2000 (512) 236-2002 - facsimile

COUNSEL FOR RELATOR

EMERGENCY RELIEF REQUESTED IDENTITY OF PARTIES AND COUNSEL

Defendant/Relator:

Jourdanton Hospital Corporation d/b/a South Texas Regional Medical Center

Appellate Counsel and Trial Counsel:

Monte F. James State Bar No. 10547520 Mjames@jw.com Joshua A. Romero State Bar No. 224046754 Jromero@jw.com JACKSON WALKER L.L.P. 100 Congress Avenue, Suite 1100 Austin, Texas 78701 Telephone: (512) 236-2000 Facsimile: (512) 236-2002

Co-Defendant:

Edward Blackmon, Jr., M.D.

Trial Counsel:

John S. Serpe State Bar No. 18037400 J serpe@serpcjones.com ChadJ. Castille State Bar No. 24031920 Ccastille@serpejones.com Ryan Clement State Bar No. 24036371 Rclemcnt@serpejones.com SERPE, JONES, ANDREWS, CALLENDER & BELL, PLLC American Tower 2929 Allen Parkway, Suite 1600 Houston, Texas 77019 Telephone: (713) 452-4400 Facsimile: (713) 452-4499

u Plaintiff/Real Party in Interest:

Stacy Smith, individually and as next friend of Charles Lewis Smith

Trial and Appellate Counsel:

Marynell Maloney State Bar No. 12883200 MaryneU@marynellmaloneylawfirm.com Michelle Maloney State Bar No. 24069099 Michelle@marynellmaloncylawfirm.com MARYNELL MALONEY LAW FIRM, PLLC 115 E. Travis, Suite 1800 San Antonio, Texas 78205 Telephone: (210) 212-8000 Facsimile: (210) 212-8385

and

Ryan Krebs State Bar No. 00792088 Ryan@ryankrebsmdjd.com LAW OFFICES OF RYAN KREBS 805 West 10lh Street, Suite 300 Austin, Texas 78701 Telephone: (512) 478-2072 Facsimile: (512) 494-0420

Respondent in the Court of Appeals:

Hon. Donna S. Rayes 81st District Court at Atascosa County, Texas #1 Courthouse Circle Dr., Suite 206 Jourdanton, Texas 78026 Telephone: (830) 769-3750 Facsimile: (830) 769-2841 Dcourts81_218@yahoo.com Respondent in the Supreme Court:

Fourth Court of Appeals at San Antonio Cadena-Reeves Justice Center 300 Dolorosa, Suite 3200 San Antonio, Texas 78205-3037 Keith H. Hottle, Clerk of Court Telephone: (210) 335-2635 Facsimile: (210) 335-2762 COA4noticingservice@txcourts.gov

IV TABLE OF CONTENTS

IDENTITY OF PARTIES AND COUNSEL ii

TABLE OF CONTENTS v

TABLE OF AUTHORITIES vi

EXECUTIVE SUMMARY 1

FACTUAL BACKGROUND 2

ARGUMENT 4

A. Temporary Relief Is Permitted Under Texas Rule of Appellate Procedure 52.10 4

B. Temporary Relief Is Necessary To Prevent Prejudice To STRMC Pending Mandamus Review, Preserve This Court's Ability to Fashion Effective Relief, and Avoid Waste of Resources 5

PRAYER 6 RULE 9.4 CERTIFICATE OF COMPLIANCE 7

RULE 52.10(a) CERTIFICATE OF CONFERENCE AND COMPLIANCE 8

CERTIFICATE OF SERVICE 9

APPENDICES

1. A true and correct copy of the Docket Control Order.

2. A true and correct copy of various correspondence between the parties' counsel. TABLE OF AUTHORITIES

Page(s) Cases

In re Bates, 429 S.W.3d 47 (Tex. App.—Houston [lstDist] 2014, no pet) 4

In re Kelleber, 999 S.W.2d 51 (Tex. App.—AmariUo 1999, no pet.) 4

In re Reed, 901 S.W.2d 604 (Tex. App.—San Antonio 1995, no writ) 4

Republican Party of Texas v. Die 924 S.W.2d 932 {Tex. 1996) 5

Other Authorities

Tex. R. App. P. 10.3(a)(3) 1

Tex. R. App. P. 52.10 1,4

VI TO THE HONORABLE SUPREME COURT OF TEXAS:

Pursuant to Texas Rules of Appellate Procedure 10.3(a)(3) and 52.10(a), Relator

Jourdanton Hospital Corporation d/b/a Soudi Texas Regional Medical Center

("STRMC") files this Opposed Emergency Motion to Stay the Underlying

Proceedings, and requests the Court to temporarily stay all underlying proceedings in

the trial court until this Court rules on STRMC's Petition for Writ of Mandamus

("Petition").1

EXECUTIVE SUMMARY

In this medical malpractice case, the Court is currendy considering whether

Texas Rule of Civil Procedure 204 permits a defendant to conduct an independent

medical examination of a plaintiff when (1) the plaintiff has designated numerous

experts to testify about his medical condition, and (2) the plaintiffs own experts

intend to conduct the same testing requested by the defendant.

In light of the Court's June 5, 2015 request for briefing on the merits and the

trial court's scheduling order, STRMC seeks to stay the underlying proceedings

pending the Court's mandamus review. The stay is requested in order to preserve

judicial resources and the parties' resources. As set forth below, the plaintiff has

continued to demand that STRMC promptly depose his experts even though this

1 The case pending before the trial court is captioned as follows: Stacy Smith, Individually and As Next Friendfor Charles Lewis Smith, a Minor vs. Jourdanton Hospital Corporation d/b/a South Texas Regional Medical Center and Edward Barton Blackmon,]r. M.D., Cause No. 12-12-1063-CVA, In the 81st Judicial District Court of Atascosa County, Texas.

1 Court has not issued a ruling, which means STRMC may need to depose those experts

twice—once before the Court's ruling and once after the ruling (if mandamus relief is

granted). And if STRMC refuses to undertake expert depositions immediately, and

assuming the Court issues a ruling two months after the merits briefing deadline of

August 11, 2015, the parties will be left to complete the requested examination,

analyze the test results, and take 23 expert depositions in the span of two months under the

trial court's current scheduling order. Therefore, a stay is appropriate to maintain the

status quo pending the Court's resolution of the Petition.

FACTUAL BACKGROUND

The trial court denied STRMC's motion to examine the plaintiff on October

27, 2014, finding a "unique situation" because the plaintiff is a minor. MR Tab 2, p. 1;

MR Tab 7, p. 17. On December 10, 2014, the Fourth Court of Appeals summarily

denied STRMC's petition for writ of mandamus without opinion. MR Tab 8, p. 1.

STRMC filed its Petition with this Court on January 14, 2015, and the Court

requested a response from plaintiff on February 27, 2015. The mandamus briefing

was completed on April 24, 2015. Recently, on June 5, 2015, the Court requested

briefing on the merits, with final briefing due by August 11, 2015.

Plaintiff has continued to insist that STRMC prompdy depose his eight experts

(three of which are located outside Texas), despite the fact that die Petition remains pending. See Appendix 2.2 STRMC has resisted this demand because conducting the

depositions before the Court's ruling may necessitate re-deposing those experts—

undoubtedly an expensive and time-consuming endeavor.3 If, on the other hand,

STRMC postpones the expert depositions, and in light of this Court's recent request

for merits briefing and deadline of August 11, 2015, the parties will be in the

untenable position of conducting the requested examination (if permitted), analyzing

the test results, and deposing the parties' 23 expert witnesses in the span of two months

under the current scheduling order.4 This, of course, conservatively assumes that die

Court will issue a ruling two months after merits briefing. If the ruling does not issue

until four months after merits briefing, the current discovery deadline of December

16, 2015, will have expired. JV

2 Plaintiffs expert Geni Bennetts, M.D. is located in Napa, California; Harriet Cokely, M.D. is located in Los Angeles, California; and James Rice, M.D. is located in Renton, Washington. JV* MR Tab 3, pp. 11,14,17. 3 As one example, if STRMC deposes plaintiffs life-care planning expert (who attempts to forecast the plaintiffs damages into the future) before the examination, STRMC will certainly need to depose him again after the examination is complete to determine the examination's impact on his prior testimony, which plaintiffs own life-care planner readily admits is incomplete without the requested examination. See MR Tab 3, p. 45 ("It is my intention to have Dr. Frank McDonald (Pediatric Medicine and Rehabilitation physician) conduct an IME and consult with me on [plaintiffs] case as his schedule allows. At or around that time, I will also conduct a neuropsychological assessment."). Notably, while insisting on the immediate deposition of his experts, plaintiff has simultaneously rejected the idea that his experts may need to be deposed a second time if the requested examination is permitted. See Appendix 2. 4 Plaintiff has designated eight experts, and the two defendants have cumulatively designated 15 experts. ARGUMENT

To maintain the status quo pending this Court's mandamus review—thereby

protecting STRMC from irreparable harm, preserving the Court's ability to fashion

effective relief, and preventing the unnecessary waste of resources—the Court should

stay the underlying proceedings until it rules on STRMC's Petition.

A. Temporary Relief Is Permitted Under Texas Rule of Appellate Procedure 52.10.

As explained in STRMC's Petition, mandamus relief is not only available, but

also necessary, to correct the Fourth Court of Appeals' abuse of discretion in this

case. See Petition at pp. 5-17. Pursuant to Texas Rule of Appellate Procedure 52.10,

an appellate court "may grant 'any just relief pending the court's action on' a

mandamus petition, including a stay of all underlying proceedings in the trial court."

In re Bales, 429 S.W.3d 47, 53 (Tex. App.—Houston [1st Dist.] 2014, no pet); see also

TEX.R.APP.P. 52.10.

The purpose of Rule 52.10 is to maintain the status quo and preserve an

appellate court's ability to fashion effective relief. See In re Kelkber, 999 S.W.2d 51, 52

(Tex. App.—Amarillo 1999, no pet.) ("That is, the power of the court to grant

emergency measure is ancillary to its power to adjudicate a pending petition for

extraordinary relief. Simply put, Rule 52.10 exists to afford the court opportunity to

address the dispute encompassed within a petition for mandamus (for instance) by

maintaining the status quo until it can address that dispute."); /// re Reed, 901 S.W.2d 604, 609 (Tex. App.—San Antonio 1995, no writ) (involving predecessor to Rule

52.10). Temporary relief, moreover, should be granted in instances where a relator

will suffer prejudice pending mandamus renew, impairing an appellate court's ability

to provide full and effective relief. See Republican Party of Texas v. Diets^ 924 S.W.2d

932, 933 (Tex. 1996). As set forth below, that standard is amply met here.

B. Temporary Relief Is Necessary To Prevent Prejudice To STRMC Pending Mandamus Review, Preserve This Court's Ability to Fashion Effective Relief, and Avoid Waste of Resources.

As a threshold matter, a stay is necessary to prevent the continued waste of

judicial resources, as well as the resources of the parties. For example, plaintiff has

continued to demand that STRMC prompdy proceed with the depositions of

plaintiffs testifying experts, even though the Court has not ruled on the Petition. See

Appendix 2. This demand presents a situation in which STRMC may have to depose

plaintiffs experts now, and then re-depose those same experts, three of which are

located outside of Texas, if the Court permits the requested examination. This is

undoubtedly a costly and time-consuming undertaking—and an unnecessary exercise

if a stay is granted. On the other hand, if STRMC waits to conduct depositions until

the Court issues a ruling (and assuming conservatively that a ruling issues two months

after completion of merits briefing), the parties would have to conduct the requested

examination, analyze the test results, and take 23 depositions in the span of two months

under the current scheduling order. And if the Court's ruling issues four mondis after the completion of merits briefing, the current discovery deadline will have expired. See

Appendix 1. Accordingly, a stay is warranted.

Furthermore, in the absence of a stay, the trial court will very likely have to

address discovery disputes related to the experts and their depositions that will

invariably arise again (in some form) in the second depositions.5 This would cause an

unnecessary waste of judicial resources. Indeed, it is indisputable that the Court's

ruling on STRMC's Petition will significandy influence the course and substance of

this entire case, including the expert depositions (regardless of how the Court rules).

And most, if not all, experts deposed during the Court's mandamus review would have

to be re-deposed after the Court's mandamus review if relief is granted. Aside from

the extraordinarily prohibitive expense of such an endeavor, the futile exercise would

almost assuredly result in the need for significant court time to resolve otherwise

unnecessary discovery disputes.

PRAYER

Relator South Texas Regional Medical Center respectfully requests the Court to

stay all underlying proceedings in the trial court until the Court rules on STRMC's

Petition for Writ of Mandamus, and for all such other and further relief to which it

may be jusdy entided.

5 As one example, plaintiff has recently filed a Motion To Strike and Motion to Exclude Defendants' Expert Witnesses. Respectfully submitted,

I si Monte F. fames Monte F. James State Bar No. 10547520 mj ames@jw. com Joshua A. Romero State Bar No. 24046754 jromero@jw.com JACKSON WALKER L.L.P. 100 Congress Avenue, Suite 1100 Austin, Texas 78701 Telephone: 512-236-2000 Facsimile: 512-236-2002

ATTORNEYS FOR RELATOR JOURDANTON HOSPITAL CORPORATION D/B/A SOUTH TEXAS REGIONAL MEDICAL CENTER

RULE 9.4 CERTIFICATE OF COMPLIANCE

This document complies with the typeface requirements of Tex. R. App. P.

9.4(e) because it has been prepared in a conventional typeface (Garamond) no smaller

than 14-point for text and 12-point for footnotes. This document also complies with

the word-count limitations of Tex. R. App. P. 9.4(i), because it contains 1,272 words,

excluding any parts exempted by TEX. R. App. P. 9.4(i)(l).

Isi Joshua A. Romero Joshua A. Romero

7 RULE 52.10 CERTIFICATE OF CONFERENCE AND COMPLIANCE

On June 10, 2015,1 conferred with Michelle Maloney and Ryan Krebs, counsel

for Real Parties in Interest, regarding the merits of this Motion via email. On June 11,

2015, Ms. Maloney stated on behalf of Real Parties in Interest that this Motion is

opposed. I certify that I have notified counsel for Real Parties in Interest, Michelle

Maloney and Ryan Krebs, by expedited means via email concerning the filing of the

foregoing Emergency Motion to Stay Underlying Proceedings on this 10th day of

June, 2015. This Motion is not opposed by Defendant Edward Blackmon, M.D.

I si Joshua A. Romero Joshua A. Romero

8 CERTIFICATE OF SERVICE

I certify that a copy of the foregoing was served on the following counsel for

Real Part}7 in Interest via electronic service and on Respondents via certified mail,

return receipt requested, on this 11th day ofJune, 2015:

Respondents:

Keith H. Hottle, Clerk of Court Fourth Court of Appeals at San Antonio Cadena-Reeves Justice Center 300 Dolorosa, Suite 3200 San Antonio, Texas 78205-3037

Hon. Donna S. Rayes 81st District Court at Atascosa County, Texas #1 Courthouse Circle Dr., Suite 206 Jourdanton, Texas 78026 Telephone: (830) 769-3750 Facsimile: (830) 769-2841 Dcourts81_218@yahoo.com

Counsel for Real Party in Interest Stacy Smith:

Marynell Maloncy Michelle Maloney MARYNELL MALONEY LAW FIRM, PLLC 115 E. Travis, Suite 1800 San Antonio, Texas 78205 Telephone: (210) 212-8000 Facsimile: (210) 212-8385

Ryan Krebs LAW OFFICES OF RYAN KREBS 805 West 10lh Street, Suite 300 Austin, Texas 78701 Telephone: (512) 478-2072 Facsimile: (512) 494-0420 Counsel for Defendant Edward Blackmon, Jr., M.D.:

John S. Serpe ChadJ. Castillc Ryan Clement SERPE, JONES, ANDREWS, CALLENDER & BELL, PLLC American Tower 2929 Allen Parkway, Suite 1600 Houston, Texas 77019 Telephone: (713) 452-4400 Facsimile: (713) 452-4499

Isi loshua A.. Romero Joshua A. Romero

10 NO. 14-1080

IN RE JOURDANTON HOSPITAL CORPORATION D/B/A SOUTH TEXAS REGIONAL MEDICAL CENTER,

APPENDIX TO RELATOR'S OPPOSED EMERGENCY MOTION TO STAY UNDERLYING PROCEEDINGS

2. A true and correct copy of various correspondence between the parties' counsel.

13553687v.5 Appendix 1 03/iMar. 5. 201!> 8:39AM22362oo2 • No. 9788 P. l)2/oo3

Caw* NO. 12.12-1063-CVA

IN THfc DISTRICT COURT OF

VS. COUNTY, TEXAS

JmidmWo Boiplul CononUan

The following docket control order ih«l| apply to this case unites modified by Ike court IT no date U given below, the lum fs ■evented by the Texas Rule* ofCMl Procedure. T. ' JOiOTER, AMpertlesinuslbced

condud dlieovery beyond dill deadline by ignorant. lncompltJ«dlfeovwy will hoi deity thttrt»l. I-39-l( DISPOSITIVE MOTJON AND PLEAS. Mun be id. for beirlnj or submission M IblJowi: Olipoi|llve motloni or pieu subject l» tft tmerlooulory tppal must be set by Oils ditt. Svmmeiy Judgfneol mcUnw not subject to *n Inteilooutory.eppttl mart be set by this dete. Rule 166u(i)>ao«ioniBitiy not be let before Ihll d»te. ' 7. CRALUtNGEa TO EXPERf TESTIMONY. All motions to otoludstKibnony md evidence ehdlenget lo expert testimony must be Otod by U»k date, unless emended by leave of eoort. 1-11-16 PLKADINCS. All imwdmeoisind supplements must be filed bythk dele. ThU order does not 8. PweluUe prompt BlfngofpleeiJIngidireotlyitsjionslvetoiihj'thBely filed pletdlagu PWm!tLlLCONreRENCTd*()D0C1(WCALUTWlhJlbTtp*» («) aspects oftrial Wllh the court on tWi dslc All hearings begin et ?:00 wn., unless specified otherwise by the courl Failure to appear will btgrmindi fordlsmtsaal for want of prosecution. TRIAL. ' • Jury Trial Requested? Date Paid: TypeotCese Esrimiied lenftH orTrUI

MTORNEyTOR. PLA1NTIFP Addrcic: B05W, IQth Street, Sullc 300 U ad Amtln.TX 78701 Phone: 7<>->\ utt. Phoha; *SrY 2 Fax: Fax! 5/L ^4 Appendix 2 Romero, Josh

From: Michelle Maioney Sent Thursday, June 04, 2015 10:50 AM To: Romero, Josh; Ryan Krebs (ryan@ryankrebsmdjd.com) (ryan@ryankrebsmdjd.com) Cc: Allie Brown; Samantha Booker; Wyman, Michelle; Ryan Clement; Chad Castille; James, Monte; Celeste Malaise Subject: RE: Smith v. STRMC and Blackmon

Hi Josh,

Please do get us dates to run by our experts. Our opinion is that you're discovering our experts - it has absolutely nothing to do with whether or not you get an exam.

Thanks,

Michelle

Michelle M. Maioney Maryneli Maioney Law l-irm. IJLLC 115 Hast Travis St.. Stc. 1800 San Antonio, Texas 78205 T: 210.212.8000 F: 210.212.8.185 michelle@marvnellmalonevlawfirm.com

JT Please consider the environment before printing this cmnil Think green...

This communication contains confidential information intended for the use of the individual or entity to whom it is addressed, if the reader or this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. Any use, dissemination, forwarding, printing, or copying of this email without consent of the originator is strictly prohibited, Ifyou have received this email in error, please immediately notify Maryneli Maioney Law Firm, PLLC by telephone at 210-212-8000.

From: Romero, Josh [mailto:Jromero@Jw.com] Sent: Thursday, June 04, 2015 10:12 AM To: Michelle Maioney; Ryan Krebs (ryan@ryankrebsmdjd.com) (ryan@ryankrebsmdjd.com) Cc: Allie Brown; Samantha Booker; Wyman, Michelle; Ryan Clement; Chad Castille; James, Monte; Celeste Malaise Subject: RE: Smith v. STRMC and Blackmon

Michelle—

We can provide you dates, but the problem is the pending Texas Supreme Court case. If we depose the experts before the decision (and the decision permits the requested examination), we would need to depose your experts again. We are trying to avoid deposing your experts twice. What are your thoughts on this?

Josh

From: Michelle Maioney fmailto:mlchelle@marynellmalonevlawflrm.com1 Sent: Thursday, June 04, 2015 10:09 AM l To: Romero, Josh; Ryan Krebs (ryan®ryankrebsmdjd.com) (ryan@ryankrebsmdid.com) Cc: Allie Brown; Samantha Booker; Wyman, Michelle; Ryan Clement; Chad Castille; James, Monte; Celeste Malaise Subject: RE: Smith v. STRMC and Blackmon Importance: High

Josh and Ryan -1 already emailed on this April 23rd but I follow up again.

Please immediately let me know your dates of availability to complete the depositions of Plaintiffs experts as requested below. Rather than getting dates from my experts that prove unworkable for either one of you, and then having to go back to my experts with other dates, I would rather present them with dates that all counsel are already available. Since we'll have to travel out of Texas for Bennetts, Cokely, and Rice, I would prefer to schedule these depos first and then schedule Hunter (Houston) and Nelson (Austin), and then Trevino and Wegner to take place in San Antonio.

Michelle M. MhIoiicv Maryncll Maloney Law firm. PIJ.C 115 East Travis Si., Ste. 1800 San Antonio. Texas 78205 T: 210.212.8000 I": 210.212.8385 m ichel lefoimarvne I Imaloney lawfirm .com

1 Please consider the environment before priming this email Think green .

This communication contains confidential information intended for the use of the individual or entity to whom it is addressed. If the reader of this message is not the intended recipient, or the employee or agent responsible lo deliver it to the intended recipient, you are hereby notified that any disseminaiion, distribution, or copying of this communication is strictly prohibited. Any use, dissemination, forwarding, printing, or copying of this email without consent of the originator is strictly prohibited, If you have received this email in error, please immediately notify Maryncll Mnloney Low Finn. IU.I.C by telephone at 210-212-8000. 115 East Travis St.. Ste. 1800 San Antonio, Texas 78205 T: 210.212.8000 F: 210.212.8385 michelle@marvnellmalonevlawfiiTn.com

l Please consider die environment befote printing this email. Think green ..

Tliis communication contains confidential information intended for the use ofthc individual or entity to whom it is addressed. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. Any use. dissemination, forwnrding, printing, or copying of this email without consent of the originator is strictly prohibited, If you have received this email in error, please immediately notify Marynell Maloney Law Firm, PLLC by telephone at 210-212-8000.

From: Michelle Maloney Sent: Thursday, April 23, 2015 3:56 PM To: 'Romero, Josh'; Ryan Krebs frvancarvankrebsmdtd.com) fryanairyankrebsmdid.com) Cc: Allie Brown; Samantha Booker; Wyman, Michelle; Ryan Clement; Chad Castille; James, Monte; Celeste Malaise Subject: RE: Smith v. STRMC and Blackmon Importance: High

Josh and Ryan,

Please let me know your dates of availability to complete the depositions of Plaintiffs experts as requested below. Rather than getting dates from my experts that prove unworkable for cither one of you, and then having to go back to my experts with other dates, I would rather present them with dates that all counsel are already available. Since we'll have to travel out of Texas for Bennetts, Cokely, and Rice, I would prefer to schedule these depos first and then schedule Hunter (Houston) and Nelson (Austin), and then Trevino and Wegner to take place in San Antonio.

Michelle M. Maloney Marynell Maloney Law Firm. PLLC 115 East Travis St.. Ste. 1800 San Antonio, Texas 78205 T: 210.212.8000 F: 210.212.8385 micheHe@marvnellmalonevlawfirm.com

JT Please consider Ihc environment bcfuie priming ihis email. Think green..

This communication contains confidential infonnation intended for the use ofthc individual or entity to whom it is addressed. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibiled. Any use. disscminntion, forwarding, priniing, or copying of this email without consent of the originator is strictly prohibited, If you have received this emuil in error, please immediately notify Marynell Maloney Law Firm, PLLC by telephone at 210-212-8000.

From: Romero, Josh rmallto:JromerogBiw.com1 Sent: Thursday, April 02, 2015 3:04 PM To: Michelle Maloney; Ryan Krebs frvan@irvankrebsmdid.com) (ryan(3)ryankrebsmdid.com) Cc: Allie Brown; Samantha Booker; Wyman, Michelle; Ryan Clement; Chad Castille; James, Monte; Celeste Malaise Subject: RE: Smith v. STRMC and Blackmon