CAUSE NO.

2013-29408 TEXAS HEART INSTITUTE, § § § § § § § § § § IN THE DISTRICT COURT

Plaintiff, v. ST. LUKE’S EPISCOPAL HOSPITAL, Defendant.

HARRIS COUNTY, TEXAS

152nd JUDICIAL DISTRICT

DEFENDANT’S ORIGINAL ANSWER TO THE HONORABLE COURT: Defendant St. Luke’s Hospital (“Defendant”)1 files this Original Answer, and respectfully shows the Court as follows: GENERAL DENIAL 1. Pursuant to Texas Rule of Civil Procedure 92, Defendant generally denies each

and every, all and singular, of the allegations in Plaintiff’s Petition and demand strict proof thereof. Defendant reserves the right to plead further as the case progresses. DEFENSES 2. Without accepting the burden of proof except as required by law, Defendant

asserts the following defenses: 3. 4. 5.
1

Plaintiff’s claims are barred, in whole or in part, by waiver. Plaintiff’s claims are barred, in whole or in part, by ratification. Plaintiff’s claims are barred, in whole or in part, by the doctrine of estoppel.

                                                            
Defendant is in the process of changing its legal name and is referred to in this Answer as St. Luke’s Hospital.

   

6. estoppel. 7. 8.

Plaintiff’s claims are barred, in whole or in part, by the doctrine of direct benefits

Plaintiff’s claims are barred, in whole or in part, by acquiescence. Plaintiff’s claims are barred, in whole or in part, by laches, or in the alternative,

by statute of limitations. 9. Plaintiff’s claims are barred, in whole or in part, by its failure to satisfy all

conditions precedent, specifically the requirement to submit this dispute to the Liaison Committee as required by Paragraph 10 of the Amended Agreement. 10. Plaintiff’s claims are barred, in whole or in part, because Plaintiff fails to state a

claim upon which relief may be granted. PRAYER WHEREFORE, PREMISES CONSIDERED, Defendant respectfully requests that the Court enter judgment in Defendant’s favor. Defendant further prays that Defendant recover such other and further relief, both general and special, at law and equity, to which it may show itself justly entitled. Dated: June 6, 2013.

Respectfully submitted, VINSON & ELKINS LLP /s/ Jennifer B. Poppe Karl S. Stern State Bar No. 19175665 Patrick W. Mizell State Bar No. 14233980 Jennifer B. Poppe State Bar No. 24007855 Alithea Z. Sullivan State Bar No. 24072376 1001 Fannin Street, Suite 2500 Houston, Texas 77002 Telephone: (713) 758-2222 Facsimile: (713) 758-2346 kstern@velaw.com pmizell@velaw.com jpoppe@velaw.com asullivan@velaw.com ATTORNEYS FOR ST. LUKE’S HOSPITAL
   

CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing instrument was served on all known counsel of record as indicated below by U.S. mail and/or facsimile on the 6th day of June 2013. Eric D. Wade Susan K. Hellinger Jonna N. Summers PORTER HEDGES LLP 1000 Main Street, 36th Floor Houston, Texas 77002-6341 (713) 226-6655 (telephone) (713) 226-6255 (facsimile) Richard Warren Mithoff Sherie Potts Beckman MITHOFF LAW FIRM Penthouse, One Allen Center 500 Dallas, Suite 3450 Houston, Texas 77002 (713) 654-1122 (telephone) (713) 739-8085 (facsimile)  

/s/ Jennifer B. Poppe Jennifer B. Poppe

 

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