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412912016 1:52:29 PM
Hidalgo County District Clerks
Reviewed By: Alyssa Alvarez
IN RE: FRAIJDULENT
HOSPITAL LIEN LITIGATION
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43OTH
JUDICIAL DISTRICT
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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.
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
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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.
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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.
Electronically Filed
412912016 1:52:29 PM
Hidalgo County District Clerks
Reviewed By: Alyssa Alvarez
11.
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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
GJUDGE
to obtaining rulings oo #7 (Expert Challenges) in time for incorporation into motions for
summary judgment,