Opinion

United Healthcare Services, Inc., United Healthcare Insurance Company, United Heathcare Benefits of Texas, Inc. and United Healthcare of Texas, Inc. v. Hortencia Luna Gonzales and River Oaks Emergency Center, LLC, St Michael's Emergency Center LLC, the Woodlands FEC LLC, Brian Orsak and Shannon Orsak, Jacob Varon, First Street Hospital LP, First Surgical LLC and First Surgical Partners Holding Inc.

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Mar 20, 2018
Status
Published
Cited by
0 cases

The opinion

ACCEPTED

01-17-00237-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

HOGAN & HOGAN

3/20/2018 4:05 PM

CHRISTOPHER PRINE

CLERK

APPELLATE ADVOCACY AND TRIAL STRATEGY

PENNZOIL PLACE

711 LOUISIANA • SUITE 500

HOUSTON, TEXAS 77002-2721

FILED IN

RICHARD P. HOGAN, JR. Telephone:

1st COURT OF(713) 222-8800

APPEALS

Board Certified • Civil Appellate Law, Facsimile: (713) 222-8810

Civil Trial Law, and Personal Injury Trial Law

HOUSTON, TEXAS

www.hoganfirm.com

Texas Board of Legal Specialization 3/20/2018 4:05:43 PM

CHRISTOPHER A. PRINE

Clerk

March 20, 2018

Via TexFile

Hon. Christopher A. Prine

Clerk of the Court,

First Court of Appeals

301 Fannin, Room 245

Houston, Texas 77002

Re: No. 01-17-00237-CV; United Healthcare Services, Inc., United

Healthcare Insurance Company, United Healthcare Benefits of

Texas, Inc. and United Healthcare of Texas, Inc. v. Hortencia

Luna Gonzales and River Oaks Emergency Center, LLC, St.

Michael’s Emergency Center, LLC, The Woodlands FEC, LLC,

Brian Orsak and Shannon Orsak, Jacob Varon, First Street

Hospital, LP, First Surgical, LLC and First Surgical Partners

Holding, Inc.; In the First Court of Appeals.

Dear Mr. Prine:

Along with this letter, the parties to this appeal are e-filing a jointly

submitted chart. The joint chart identifies the materials specified in item one of the

Court’s post-submission order of February 28, 2018.

The numbers in the columns on the chart, from left to right, correspond to

the information specified by the Court’s order in the numbered paragraphs under

item one. The chart is organized according to each of the defendant groups, with

the causes of action pleaded against each of them (column 1), the grounds raised

by that defendant group in its various summary judgment motions (column 2),

United’s responses (column 3), and the trial court’s rulings (column 4), as shown

in the headers at the top of each page of the chart.

58512_1

March 20, 2018

Christopher A. Prine

Clerk, First Court of Appeals

No. 01-17-00237-CV; United Healthcare v. Gonzalez, et al

Page 2

If there are any questions, or if the Court should need additional clarification

or more information to assist in its decisional process, we stand ready to

accommodate the Court’s wishes.

Respectfully submitted,

ANDREWS KURTH KENYON LLP HOGAN & HOGAN

By: /s/ Cameron P. Pope By: /s/ Richard P. Hogan, Jr.

Cameron P. Pope Richard P. Hogan, Jr.

State Bar No. 24032958 State Bar No. 09802010

cameronpope@andrewskurth.com rhogan@hoganfirm.com

John B. Shely Jennifer Bruch Hogan

State Bar No. 18215300 State Bar No. 03239100

jshely@andrewskurth.com jhogan@hoganfirm.com

Laura Trenaman James C. Marrow

State Bar No. 00798553 State Bar No. 24013103

lauratrenaman@andrewskurth.com jmarrow@hoganfirm.com

Brian Pidcock 711 Louisiana Street, Suite 500

State Bar No. 24074895 Houston, Texas 77002

bpidcock@andrewskurth.com 713.222.8800–telephone

Kelsey J. Hope 713.222.8810–facsimile

State Bar No. 24092538

KelseyHope@andrewskurth.com

600 Travis Street, Suite 4200

Houston, Texas 77002

713.220.4200–telephone

713.220.4285–facsimile

58512_1

March 20, 2018

Christopher A. Prine

Clerk, First Court of Appeals

No. 01-17-00237-CV; United Healthcare v. Gonzalez, et al

Page 3

CERTIFICATE OF SERVICE

I certify that a true and correct copy of this post-submission letter has been

forwarded to all counsel of record by the Electronic Filing Service Provider, if

registered; a true and correct copy of this document was forwarded to all counsel

of record not registered with an Electronic Filing Service Provider and to all other

parties as follows:

Counsel for Appellees/Cross- Counsel for Appellees/Cross-

Appellants First Street Hospital, LP, Appellants Diane Crumley, Vital

First Surgical Partners Holdings, Weight Control, Inc., and Harris

Inc., First Surgical Partners, LLC, County Title Search, Inc.:

and Jacob Varon, M.D.:

Larry R. Veselka

Andrew S. Hicks Jarod R. Stewart

Logan E. Johnson Michelle S. Stratton

Penelope E. Nicholson SMYSER KAPLAN

Persis Dean & VESELKA, L.L.P.

SCHIFFER ODOM 700 Louisiana Street, Suite 2300

HICKS & JOHNSON, PLLC Houston, Texas 77002

700 Louisiana Street, Suite 2650 Via TexFile

Houston, Texas 77002

Via TexFile Counsel for Appellee/Cross-

Appellant Emergency Healthcare

Counsel for Appellee/Cross- Partners LP (d/b/a Memorial Heights

Appellant Anthony Rotondo: Emergency Center):

Matthew J. Mussalli Simon W. Hendershot, III

LAW OFFICE OF MATTHEW J. Christy L. Martin

MUSSALLI, P.C. Katie T. Cowart

2441 High Timbers Dr., Suite 220 HENDERSHOT, CANNON,

The Woodlands, Texas 77380 MARTIN & HISEY, P.C.

Via TexFile 1800 Bering Drive, Suite 600

Houston, Texas 77057

Via TexFile

58512_1

March 20, 2018

Christopher A. Prine

Clerk, First Court of Appeals

No. 01-17-00237-CV; United Healthcare v. Gonzalez, et al

Page 4

Robert A. Plessala

ANDREWS MYERS, P.C.

3900 Essex Lane, Suite 800

Houston, Texas 77027

Via TexFile

/s/ Richard P. Hogan, Jr.

Richard P. Hogan, Jr.

Dated: March 20, 2018

58512_1

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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