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Electronically Filed

412912016 1:52:29 PM
Hidalgo County District Clerks
Reviewed By: Alyssa Alvarez

MDL NO. 15-0350

IN RE: FRAIJDULENT
HOSPITAL LIEN LITIGATION

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IN THE DISTRICT COURT

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43OTH

JUDICIAL DISTRICT

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HIDALGO COUNT' TEXAS

TPROPOSEDI CASE MANAGEMENT ORDER NO. 2

I.
GENERAL TERMS
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PURPOSE. The purpose of this Case Management Order is to set a just, speedy,
and economic discovery schedule in order for all parties to obtain and submit
extrinsic evidence in zupport of motions for summary judgment pertaining to
statutory construction of the Hospiial Lien statute. At a later date, the Court shal1
determine what effec! if any,, is appropriate to give to any extrinsic evidence that
may be submitted by any party. The Texas Ru1es of Civil Procedule, Rule 13 of the
Rules of Judicial Administratio+ and the previous Case Management Order shall
govem this case excePt as oiherwise provided herein or in any subsequent Case
Managemmt Order. This Case Management Order may be modified by the Court sua
sponte, :upor. Motion of the parties Ior good cause shown, or by agreement of the
parties.

2

SCOPE OF ORDER. This Case Management Order applies to all cases aiready
referred to the Pre-Trial Court as part of the Fraudirlent Hospital Lien Multi-District
Litigation. and any cases fransferred to the designated Pre-Trial Court, pursuant to
Rule 13 of the Rules of ]udicial Administration.

il.
DOCKET CONTROL ORDER

3.

4

DISCO VERY SCOPE AND LIMITATIONS. The Court will oniy permit discovery
reasonably related to the statutory construction of the Hospital Lien statute. The
following discovery outlined in this order is exclusive and no other discovery shall
be served nor require any objection or resporse except by a8leement or Court order.
SPECIFIC DISCOVERY REOUESTS BY THE PLAINTIFFS. By April 27,2016, he
plaintiffs shall serve on the defendants and file with the Court any discovery
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Electronically Filed
412912016 1:52:29 PM
Hidalgo County District clerks
Reviewed By; Alyssa Alvarez

requests related to statutory interpretation they believe they need. Sudr requests
shall be specific so the defendants can determine whether to object to such requests.
5

OBTECTIONS AND ANALYSIS OF DISCOVERY REOUESTS BY THE
DEFENDANTS, By May 6, 20L6, the defendants shall serve on the plainiiffs and file
with the Court any objections and/or analysis of the plaintiffs' previously served
discovery requests.

6.

HEARING ON THE PLAINTIFFS'DISCO\TRY REOUESTS. ON May 12,2016 al
1:30 P.M., the Court will hold a hearing on the plaintiffs' discovery requests and the
defendants' objections and/or analysis of such requests.

7.

AIFIDAVITS SUPPORTING SUMMARY ruDGMENT ON STATUTORY
CONSTRUCTION OF THE HOSPITAL LIEN STATUTE. By August 25,201,6, +he
Parties must serve (1) any expert affidavits the Parties intend to offer in support of
their respective motions for summary judgment on statutory construction of the
Hospital Lien statute, (2) lists of extrinsic evidence each party intends to use in
support of their respective motions for summary judgmerLt on statutory construction
of the Hospital Lien statute, and (3) for each expert relied upon by a party in support
of summary judgment on statutory construction of the Hospital Lien statute, an
expert report in compliance with the Texas Rules of Civil Procedure, including Rules
192.3 and194.2.

8

RESPONSIVE SUPPLEMENTATION. By September 1.6, 2016, the Parties must
serve expert affidavits, lists of extrinsic evidence, and expert reports-if anyresponsive to another party's exPert witress evidence pursuari lo item #4 supra.

9.

EXPERT DEPOSITIONS. Startin g September 1.6, 201,6, the Parties may serve notices
of deposition for experts pertaining to statutory construction of the Hospital Lien
statute, including subpoenas duces tecum. Expert depositions pertaining to statutory

construction of the Hospital Lien statute must be taken by October 28, 201'6'
Documents responsive to subpoenas duces tecum must be served 14 days before the
noticed expert deposition.

10.

EXPERTCHALLENGES,B y November 1.1., 2016, motions to strike or exclude expert
testimony, induding briefs and supporting evidence, must be filed
By November 23, 201,6, responses to the above motions regarding expert testimony.
inciuding briefs and supporting evidence, must be filed.
By December 2, 2015, replies to the above responses must be fiied.
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Electronically Filed
412912016 1:52:29 PM
Hidalgo County District Clerks
Reviewed By: Alyssa Alvarez

11.

SUMMARY IUDGMENT BRTEFING.I By December 76, 2076, motions for summary
judgment on statutory construction of the Hospital Lien statute, including briefs and
supporting evidence must be filed.
By January 6,2017, responses to the above motions Ior sunmary judgment, including
briefs and supporting evidence must be filed.
By January 1.3,2017, replies to the above responses must be fiied.

12.

OBJECTIONS TO EVIDENCE. Except for expert drailenges (item #7 above),
objections to evidence atiached to the Parties' respective motions for summary
judgment are due ]anuary 20,2017 .

13.

SUMMARY IUDGMENT HEARING. On January 26, 2017 or at such time as set by
the Cour! the Court shall hold oral hearings on statutory construction of the
Hospital Lien statute.

1,4.

Nothing contained wiihin this order shall prevent the scheduling and argummt of
the pending motions for summary judgment regarding the application of the statute
of limitations.

m.
STANDING HEARING DATE
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will continue to hold a standing hearing date every other Thursday at 1:30
p.m., beginning on May 12, 2015, to address any motion of any party fiied and
The Court

noticed for hearing no later than 5:30 p,m., on the Friday before the standing hearing
date. No matter will be set without a Certificate of Conference that a hearing is
required because the pariies cannot agree, after reasonable attempts, to resolve
discovery matters without court intervention.
SIGNED and ENTERED ot thu

1Oth

MAY.**

duv t'

016.

(
PRESID

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This schedule is subject

GJUDGE

to obtaining rulings oo #7 (Expert Challenges) in time for incorporation into motions for

summary judgment,

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