Paul Stamatis, Jr., as Independent of the Estate of Paul Stamatis v. Methodist Willbrook Hospital, the Methodist Health Care System, Daniel Mao, M.D., and Neptune Emergency Services, P.A.

Opinion

ACCEPTED 14-14-00492-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 5/7/2015 2:16:56 PM CHRISTOPHER PRINE CLERK

NO. 14-14-00492-CV

IN THE FILED IN 14th COURT OF APPEALS COURT OF APPEALS HOUSTON, TEXAS FOR THE 5/7/2015 2:16:56 PM th 14 JUDICIAL DISTRICT CHRISTOPHER A. PRINE HOUSTON, TEXAS Clerk

PAUL STAMATIS, JR.

Appellant

v.

METHODIST WILLOWBROOK HOSPITAL; DANIEL MAO M.D.; AND NEPTUNE EMERGENCY SERVICES, P.A.

Appellees

Appeal from Cause No. 2010-34910, in the TH 190 District Court of Harris County, Texas ___________________________________________________________

APPELLEES’ MOTION FOR LEAVE TO FILE POST-SUBMISSION BRIEF ___________________________________________________________ TO THE HONORABLE COURT OF APPEALS:

Appellees Houston Methodist Willowbrook Hospital, Daniel Mao, M.D.,

and Neptune Emergency Services, P.A. file this Motion for Leave to File Post-

Submission Brief.

Appellees seek leave to file the three-page Post-Submission Brief submitted

concurrently herewith to respond to questions posed by the justices at oral

argument on April 30, 2015 as to the basis of the trial court’s authority to

determine that the emergency standard of proof applied to Appellant’s claims as a

matter of law following the pretrial conference. Based on the questions posed by

the Justices, Appellees believe that a concise brief on this point would assist the

Court in its deliberations.

PRAYER FOR RELIEF

For the reasons set forth above, Appellees request that this Court grant their

Motion for Leave to File Post-Submission Brief, direct the clerk to accept and file

Appellees’ Post-Submission Brief, and grant them all other relief to which they

may be entitled.

1 Respectfully submitted,

DE LA ROSA LAW FIRM

/s/ Oscar L. De la Rosa Oscar L. De la Rosa State Bar No. 00787351 odelarosa@delarosalawfirm.com Aron L. Gregg State Bar No. 24027214 agregg@delarosalawfirm.com Three Riverway, Suite 1820 Houston, Texas 77056 (713) 395-0991 (713) 395-0995 (fax)

ATTORNEYS FOR APPELLEE, HOUSTON METHODIST WILLOWBROOK HOSPITAL

CARDWELL & CHANG, P.L.L.C.

By:______________________________ LaVerne Chang State Bar No. 00783819 511 Lovett Blvd. Houston, Texas 77006 Telephone: (713) 222-6025 Facsimile: (713) 222-0938

ATTORNEYS FOR APPELLEES DANIEL MAO, M.D. AND NEPTUNE EMERGENCY SERVICES, P.A.

2 CERTIFICATE OF CONFERENCE

As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I have conferred, or made a reasonable attempt to confer, with all other parties, which are listed below, about the merits of this motion with the following results:

Craig Lewis, Counsel for Appellant,

[X] opposes motion [ ] does not oppose motion [ ] agrees with motion [ ] would not say whether motion is opposed [ ] did not return my message regarding the motion.

/s/ Oscar L. De la Rosa

LaVerne Chang, Counsel for Daniel Mao, M.D. and Neptune Emergency Services, P.A.

[ ] opposes motion [ ] does not oppose motion [X] agrees with motion [ ] would not say whether motion is opposed [ ] did not return my message regarding the motion.

Date: May 7, 2015

3 CERTIFICATE OF SERVICE

As required by Texas Rules of Appellate Procedure 6.3 and 9.5(b), (d), (e), I certify that I have served this document on all other parties—who are listed below—on the 7th day of May, 2015 by facsimile and electronic service.

Counsel for Appellant Paul Stamatis, Jr.:

Craig Lewis The Lewis Law Firm 2905 Sackett Street Houston, Texas 77098 Facsimile: 713-328-7888

Counsel for Daniel Mao, M.D. and Neptune Emergency Services, P.A.:

La Verne Chang Cardwell & Chang 511 Lovett Blvd. Houston, Texas 77006 Facsímile: 713-222-0938