On September 26, 2022 a
Motion-Secondary
was filed
involving a dispute between
American Congress Of Rehabilitation Medicine,
and
Certain Underwriters At Lloyd S London And Certain Insurance Companies,
for CNTR CNSMR COM DEBT
in the District Court of Dallas County.
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FILED
4/13/2023 10:48 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Jenifer Trujillo DEPUTY
DC-22- 1 34 80
AMERICAN CONGRESS OF § IN THE DISTRICT COURT OF
REHABILITATION MEDICINE, §
§
§
Plaintifl §
§ DALLAS COUNTY, TEXAS
V. §
§
CERTAIN UNDERWRITERS AT, §
LLOYD’S LONDON and CERTAIN §
INSURANCE COMPANIES §
§
Defendants. § 160TH JUDICIAL DISTRICT
PLAIN TIFF’S RESPONSE TO
DEFENDAN TS’ MOTION TO CONTINUE SCHEDULING CONFERENCE
Plaintiff American Congress of Rehabilitative Medicine (“ACRM”)
respectfiilly requests that the Court maintain the Scheduling Conference on its April
21, 2023 docket, as currently scheduled. There is no authority supporting
Defendants’ contention that they are entitled to a stay of the entire litigation simply
because they filed a motion to dismiss for forum non conveniens.1
While the cancellation of the March 30 hearing on their motion to dismiss was
not Defendants’ fault, they used the cancellation to further their delay tactics.
1
As expressed in Plaintiff’s response to Defendants’ motion, its reasons for filing the
case in this Court were sound, and Defendants have failed to demonstrate that any other forum
would be more convenient for any party.
l
Defendants rescheduled the hearing for May 18, 2023, and seek to prevent any
activity in the case until their motion is heard.
ACRM first presented its insurance claim to Defendants over two years ago.
This case has been on file for seven months with no schedule, and Defendants have
used the pendency of their motion to dismiss as an excuse to resist discovery and all
of Plaintiff’ s efforts to advance the case since it was filed. A schedule should be
entered at the currently-scheduled conference on April 21 to assist both parties in
making progress toward resolution.
Dated April l3, 2023. Respectfully submitted,
FOGLER, BRAR,
O’NEIL & GRAY LLP
/s/R0bin O’Neil
Murray Fogler
State Bar No. 07207300
mfogler@foglerbrar.com
Robin O’Neil
State Bar No. 24079075
roneil@foglerbrar.com
2 Houston Center
909 Fannin, Suite 1640
Houston, Texas 77010
Telephone: (713) 481-1010
Facsimile: (713) 574—3224
ATTORNEYS FOR PLAINTIFF
AMERICAN CONGRESS OF TEXAS
REHABILITATION MEDICINE
CERTIFICATE OF SERVICE
I hereby certify that, on April 13, 2023, this response was served on counsel
for all parties of record to this litigation in accordance with Texas Rules of Civil
Procedure.
/s/ Robin 0 ’Neil
Robin O’Neil
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Gail Fuller on behalf of Robin O'Neil
Bar No. 24079075
gfuller@foglerbrar.com
Envelope ID: 74606367
Filing Code Description: Response
Filing Description: PLAINTIFFS/ TO DEFENDANTS MOTION TO
CONTINUE SCHEDULING CONFERENCE
Status as of 4/13/2023 1:52 PM CST
Associated Case Party: AMERICAN CONGRESS OF REHABILITATION MEDICINE
Name BarNumber Email TimestampSubmitted Status
Murray JFogler mfogler@foglerbrar.com 4/13/2023 10:48:01 AM SENT
Robin O'Neil roneil@foglerbrar.com 4/13/2023 10:48:01 AM SENT
Associated Case Party: MATTHEWPROSS
Name BarNumber Email TimestampSubmitted Status
Jeffrey S.Lowenstein jlowenstein@bellnunnally.com 4/13/2023 10:48:01 AM SENT
Ruth Brearley rbrearley@bellnunnally.com 4/13/2023 10:48:01 AM SENT
Alissa Green agreen@bellnunnally.com 4/13/2023 10:48:01 AM SENT
Laura Lavernia llavernia@bellnunnally.com 4/13/2023 10:48:01 AM SENT
Associated Case Party: CERTAIN UNDERWRITERS AT LLOYD S LONDON AND
CERTAIN INSURANCE COMPANIES
Name BarNumber Email TimestampSubmitted Status
Thomas M.Spita|etto thomas.spitaletto@wilsonelser.com 4/13/2023 10:48:01 AM SENT
Mathew Ross mathew.ross@wilsonelser.com 4/13/2023 10:48:01 AM SENT
Jane Myers jane.myers@wilsonelser.com 4/13/2023 10:48:01 AM SENT
Chris Gabriel Chris.gabriel@wilsonelser.com 4/13/2023 10:48:01 AM SENT
Document Filed Date
April 13, 2023
Case Filing Date
September 26, 2022
Category
CNTR CNSMR COM DEBT
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FILED 4/13/2023 10:48 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Jenifer Trujillo DEPUTY DC-22- 1 34 80 AMERICAN CONGRESS OF § IN THE DISTRICT COURT OF REHABILITATION MEDICINE, § § § Plaintifl § § DALLAS COUNTY, TEXAS V. § § CERTAIN UNDERWRITERS AT, § LLOYD’S LONDON and CERTAIN § INSURANCE COMPANIES § § Defendants. § 160TH JUDICIAL DISTRICT PLAIN TIFF’S RESPONSE TO DEFENDAN TS’ MOTION TO CONTINUE SCHEDULING CONFERENCE Plaintiff American Congress of Rehabilitative Medicine (“ACRM”) respectfiilly requests that the Court maintain the Scheduling Conference on its April 21, 2023 docket, as currently scheduled. There is no authority supporting Defendants’ contention that they are entitled to a stay of the entire litigation simply because they filed a motion to dismiss for forum non conveniens.1 While the cancellation of the March 30 hearing on their motion to dismiss was not Defendants’ fault, they used the cancellation to further their delay tactics. 1 As expressed in Plaintiff’s response to Defendants’ motion, its reasons for filing the case in this Court were sound, and Defendants have failed to demonstrate that any other forum would be more convenient for any party. l Defendants rescheduled the hearing for May 18, 2023, and seek to prevent any activity in the case until their motion is heard. ACRM first presented its insurance claim to Defendants over two years ago. This case has been on file for seven months with no schedule, and Defendants have used the pendency of their motion to dismiss as an excuse to resist discovery and all of Plaintiff’ s efforts to advance the case since it was filed. A schedule should be entered at the currently-scheduled conference on April 21 to assist both parties in making progress toward resolution. Dated April l3, 2023. Respectfully submitted, FOGLER, BRAR, O’NEIL & GRAY LLP /s/R0bin O’Neil Murray Fogler State Bar No. 07207300 mfogler@foglerbrar.com Robin O’Neil State Bar No. 24079075 roneil@foglerbrar.com 2 Houston Center 909 Fannin, Suite 1640 Houston, Texas 77010 Telephone: (713) 481-1010 Facsimile: (713) 574—3224 ATTORNEYS FOR PLAINTIFF AMERICAN CONGRESS OF TEXAS REHABILITATION MEDICINE CERTIFICATE OF SERVICE I hereby certify that, on April 13, 2023, this response was served on counsel for all parties of record to this litigation in accordance with Texas Rules of Civil Procedure. /s/ Robin 0 ’Neil Robin O’Neil Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Gail Fuller on behalf of Robin O'Neil Bar No. 24079075 gfuller@foglerbrar.com Envelope ID: 74606367 Filing Code Description: Response Filing Description: PLAINTIFFS/ TO DEFENDANTS MOTION TO CONTINUE SCHEDULING CONFERENCE Status as of 4/13/2023 1:52 PM CST Associated Case Party: AMERICAN CONGRESS OF REHABILITATION MEDICINE Name BarNumber Email TimestampSubmitted Status Murray JFogler mfogler@foglerbrar.com 4/13/2023 10:48:01 AM SENT Robin O'Neil roneil@foglerbrar.com 4/13/2023 10:48:01 AM SENT Associated Case Party: MATTHEWPROSS Name BarNumber Email TimestampSubmitted Status Jeffrey S.Lowenstein jlowenstein@bellnunnally.com 4/13/2023 10:48:01 AM SENT Ruth Brearley rbrearley@bellnunnally.com 4/13/2023 10:48:01 AM SENT Alissa Green agreen@bellnunnally.com 4/13/2023 10:48:01 AM SENT Laura Lavernia llavernia@bellnunnally.com 4/13/2023 10:48:01 AM SENT Associated Case Party: CERTAIN UNDERWRITERS AT LLOYD S LONDON AND CERTAIN INSURANCE COMPANIES Name BarNumber Email TimestampSubmitted Status Thomas M.Spita|etto thomas.spitaletto@wilsonelser.com 4/13/2023 10:48:01 AM SENT Mathew Ross mathew.ross@wilsonelser.com 4/13/2023 10:48:01 AM SENT Jane Myers jane.myers@wilsonelser.com 4/13/2023 10:48:01 AM SENT Chris Gabriel Chris.gabriel@wilsonelser.com 4/13/2023 10:48:01 AM SENT