On November 27, 2019 a
Hearing
was filed
involving a dispute between
Lewis, Sunday L,
and
Methodist Dallas Medical Center,
for CNTR CNSMR COM DEBT
in the District Court of Dallas County.
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FILED
5/18/2021 11:32 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Kevin Molden DEPUTY
CAUSE NO. DC-19-19054
SUNDAY L. LEWIS, § IN THE DISTRICT COURT
Plaintiff, g
v. g 160th JUDICIAL DISTRICT
METHODIST DALLAS MEDICAL CENTER, g
Defendant. g DALLAS COUNTY, TEXAS
MOTION TO STRIKE HEARING ON PLAINTIFF’S MOTION FOR NEW TRIAL
Defendant Methodist Dallas Medical Center (“Defendant”) files this Motion tO Strike
Hearing on Plaintiff” s Motion for New Trial (“Motion to Strike”). In support of its request that the
Court remove this hearing from the docket, Defendant shows the Court as follows:
As explained in Defendant’s Response in Opposition to Plaintiff’ s Motion for New Trial
(“Response”), filed contemporaneously with this Motion to Strike, Plaintiff filed her Motion for
New Trial (“Motion”) Mm after this Court’s entry of the Final Judgment, and thus, the Court
has no plenary jurisdiction. TEX. R. CIV. P. 329(b) (motion for new trial must be filed Within 3O
days after judgment is entered); see Equinox Enters v. Associated Media Ina, 730 S.W.2d 872,
875 (Tex. App—Dallas 1987, no writ) (holding that a motion for a new trial filed more than 30
days after the judgment is signed is void and cannot be considered by the trial court). Moreover,
as explained in the Response, even if the Court had retained plenary power, Plaintiff’s Motion is
devoid of a purported point of error for the Court to consider with respect to Plaintiff s request for
a new trial.
In sum, the hearing on Plaintiff‘s Motion should be removed from this Court’s docket
because the Court has no plenary power and no point of error to consider. Accordingly, holding a
hearing on the Motion would be a waste of judicial resources.
DEFENDANT’S MOTION TO STRIKE HEARING
ON PLAINTIFF’S MOTION FOR NEW TRIAL Page 1
WHEREFORE, Defendant Methodist Dallas Medical Center respectfully prays that this
Court strike Plaintiff s hearing on her Motion for New Trial, currently set for May 27, 2021, and
award Defendant such other and further relief to which it may show itself justly entitled at law or
in equity.
Respectfully submitted,
OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.
/s Jamie Ashton
Sean C. Urich, SBN: 24033287
sean.urich@ogletreedeakins.com
Jamie Ashton, SBN: 24087211
jamie.ashton@ogletreedeakinscom
Robyn M. Funk, SBN: 24104415
robyn.funk@ogletreedeakins.com
8117 Preston Road, Ste. 500
Dallas, TX 75225
Telephone: (214) 987-3800
Facsimile: (214) 987-3927
ATTORNEYS FOR DEFENDANT
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing document has been
forwarded Via the electronic filing system on May 18, 2021 to all parties of record.
/S/ Jamie Ashton
Jamie Ashton
471027852
DEFENDANT’S MOTION TO STRIKE HEARING
ON PLAINTIFF’S MOTION FOR NEW TRIAL Page 2
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.
BeLinda Redwine on behalf of Jamie Ashton
Bar No. 24087211
belinda.redwine@ogletreedeakins.com
Envelope ID: 53548437
Status as of 5/19/2021 2:28 PM CST
Associated Case Party: METHODIST DALLAS MEDICAL CENTER
Name BarNumber Email TimestampSubmitted Status
Sean Carter Urich 24033287 sean.urich@ogletree.com 5/18/2021 11:32:04 AM SENT
Robyn Funk robyn.funk@og|etree.com 5/18/2021 11:32:04 AM SENT
Dallas Docketing DALDocketing@ogletree.com 5/18/2021 11:32:04 AM SENT
Jamie Ashton jamie.ashton@ogletree.com 5/18/2021 11:32:04 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
BeLinda Redwine belinda.redwine@ogletreedeakins.com 5/18/2021 11:32:04 AM SENT
Lori DeMoss lori.demoss@ogletree.com 5/18/2021 11:32:04 AM SENT
Associated Case Party: SUNDAYLLEWIS
Name BarNumber Email TimestampSubmitted Status
Alex Hernandez arh@alexhernandezcase.com 5/18/2021 11:32:04 AM SENT
Melissa Simpson m.simpson@alexhernandezcase.com 5/18/2021 11:32:04 AM SENT
Document Filed Date
May 18, 2021
Case Filing Date
November 27, 2019
Category
CNTR CNSMR COM DEBT
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FILED 5/18/2021 11:32 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Kevin Molden DEPUTY CAUSE NO. DC-19-19054 SUNDAY L. LEWIS, § IN THE DISTRICT COURT Plaintiff, g v. g 160th JUDICIAL DISTRICT METHODIST DALLAS MEDICAL CENTER, g Defendant. g DALLAS COUNTY, TEXAS MOTION TO STRIKE HEARING ON PLAINTIFF’S MOTION FOR NEW TRIAL Defendant Methodist Dallas Medical Center (“Defendant”) files this Motion tO Strike Hearing on Plaintiff” s Motion for New Trial (“Motion to Strike”). In support of its request that the Court remove this hearing from the docket, Defendant shows the Court as follows: As explained in Defendant’s Response in Opposition to Plaintiff’ s Motion for New Trial (“Response”), filed contemporaneously with this Motion to Strike, Plaintiff filed her Motion for New Trial (“Motion”) Mm after this Court’s entry of the Final Judgment, and thus, the Court has no plenary jurisdiction. TEX. R. CIV. P. 329(b) (motion for new trial must be filed Within 3O days after judgment is entered); see Equinox Enters v. Associated Media Ina, 730 S.W.2d 872, 875 (Tex. App—Dallas 1987, no writ) (holding that a motion for a new trial filed more than 30 days after the judgment is signed is void and cannot be considered by the trial court). Moreover, as explained in the Response, even if the Court had retained plenary power, Plaintiff’s Motion is devoid of a purported point of error for the Court to consider with respect to Plaintiff s request for a new trial. In sum, the hearing on Plaintiff‘s Motion should be removed from this Court’s docket because the Court has no plenary power and no point of error to consider. Accordingly, holding a hearing on the Motion would be a waste of judicial resources. DEFENDANT’S MOTION TO STRIKE HEARING ON PLAINTIFF’S MOTION FOR NEW TRIAL Page 1 WHEREFORE, Defendant Methodist Dallas Medical Center respectfully prays that this Court strike Plaintiff s hearing on her Motion for New Trial, currently set for May 27, 2021, and award Defendant such other and further relief to which it may show itself justly entitled at law or in equity. Respectfully submitted, OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. /s Jamie Ashton Sean C. Urich, SBN: 24033287 sean.urich@ogletreedeakins.com Jamie Ashton, SBN: 24087211 jamie.ashton@ogletreedeakinscom Robyn M. Funk, SBN: 24104415 robyn.funk@ogletreedeakins.com 8117 Preston Road, Ste. 500 Dallas, TX 75225 Telephone: (214) 987-3800 Facsimile: (214) 987-3927 ATTORNEYS FOR DEFENDANT CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing document has been forwarded Via the electronic filing system on May 18, 2021 to all parties of record. /S/ Jamie Ashton Jamie Ashton 471027852 DEFENDANT’S MOTION TO STRIKE HEARING ON PLAINTIFF’S MOTION FOR NEW TRIAL Page 2 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. BeLinda Redwine on behalf of Jamie Ashton Bar No. 24087211 belinda.redwine@ogletreedeakins.com Envelope ID: 53548437 Status as of 5/19/2021 2:28 PM CST Associated Case Party: METHODIST DALLAS MEDICAL CENTER Name BarNumber Email TimestampSubmitted Status Sean Carter Urich 24033287 sean.urich@ogletree.com 5/18/2021 11:32:04 AM SENT Robyn Funk robyn.funk@og|etree.com 5/18/2021 11:32:04 AM SENT Dallas Docketing DALDocketing@ogletree.com 5/18/2021 11:32:04 AM SENT Jamie Ashton jamie.ashton@ogletree.com 5/18/2021 11:32:04 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status BeLinda Redwine belinda.redwine@ogletreedeakins.com 5/18/2021 11:32:04 AM SENT Lori DeMoss lori.demoss@ogletree.com 5/18/2021 11:32:04 AM SENT Associated Case Party: SUNDAYLLEWIS Name BarNumber Email TimestampSubmitted Status Alex Hernandez arh@alexhernandezcase.com 5/18/2021 11:32:04 AM SENT Melissa Simpson m.simpson@alexhernandezcase.com 5/18/2021 11:32:04 AM SENT