Plano AMI LP v. Erwin Cruz, M.D.

Appellate Docket Number: 05-12-_____-CV
05-12-01480-CV ACCEPTED
225EFJ017164427
FIFTH COURT OF APPEALS
Appellate Case Style: Plano AMI LP, et al. DALLAS, TEXAS
12 November 2 P3:44
Lisa Matz
Vs. CLERK
Erwin Cruz, M.D.

Companion Case I.No.:
Appellant
FILED IN
5th COURT OF APPEALS
DALLAS, TEXAS
11/2/2012 3:44:08 PM
Amended/corrected statement: DOCKETING STATEMENT (Civil) LISA MATZ
Clerk
Appellate Court: 5th Court of Appeals
(to be filed in the court of appeals upon perfection of appeal under TRAP 32)

Person 8 Organization (choose one) 8 Lead Attorney
Organization Name: Plano AMI LP First Name: P.
First Name: Middle Name: Michael
Middle Name: Last Name: Jung
Last Name: Suffix:
Suffix: Law Firm Name: Strasburger & Price, LLP
Pro Se: Address 1: 4400 Bank of America Plaza
Address 2: 901 Main Street
City: Dallas
State: Texas Zip+4: 75202
Telephone: 214-651-4724 ext.
Fax: 214-659-4022
Email: michael.jung@strasburger.com
SBN: 11054600

Person 8 Organization (choose one) 8 Lead Attorney
Organization Name: Ghani Medical Investments, Inc. First Name: P.
First Name: Middle Name: Michael
Middle Name: Last Name: Jung
Last Name: Suffix:
Suffix: Law Firm Name: Strasburger & Price, LLP
Pro Se: Address 1: 4400 Bank of America Plaza
Address 2: 901 Main Street
City: Dallas
State: Texas Zip+4: 75202
Telephone: 214-651-4724 ext.

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 05-12-01480-CV
Fax: 214-659-4022
Email: michael.jung@strasburger.com
SBN: 11054600

Person 8 Organization (choose one) 8 Lead Attorney
Organization Name: North Dallas Medical Imaging, L.P. First Name: P.
First Name: Middle Name: Michael
Middle Name: Last Name: Jung
Last Name: Suffix:
Suffix: Law Firm Name: Strasburger & Price, LLP
Pro Se: Address 1: 4400 Bank of America Plaza
Address 2: 901 Main Street
City: Dallas
State: Texas Zip+4: 75202
Telephone: 214-651-4724 ext.
Fax: 214-659-4022
Email: michael.jung@strasburger.com
SBN: 11054600

Person 8 Organization (choose one) 8 Lead Attorney
Organization Name: MCG Group, Inc. First Name: P.
First Name: Middle Name: Michael
Middle Name: Last Name: Jung
Last Name: Suffix:
Suffix: Law Firm Name: Strasburger & Price, LLP
Pro Se: Address 1: 4400 Bank of America Plaza
Address 2: 901 Main Street
City: Dallas
State: Texas Zip+4: 75214
Telephone: 214-651-4724 ext.
Fax: 214-659-4022
Email: michael.jung@strasburger.com
SBN: 11054600

8 Person Organization (choose one) 8 Lead Attorney

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 Lead Attorney
Suffix:
Middle Name: 05-12-01480-CV
Law
Email:
8
Last
Firm
Name:
Telephone:
First Name:
City:
Name:
Jung
214-651-4724
P.
Dallas
ext.
Pro Se: Address
SBN: 1: 4400
11054600 Bank of America Plaza
Last Name:
First Name: Ghani
Mehrdad Suffix:
Fax: 214-659-4022
Middle Name:
Texas Michael
State:
Address 2: 901 Main Street Zip+4: 75202
Suffix: Email: Name: Strasburger & Price, LLPext.
Law Firmmichael.jung@strasburger.com
Middle Name: Last Name:
Telephone: Jung
214-651-4724

8 Person Organization (choose one) 8 Lead Attorney
First Name: Ben
First Name: Michael Middle Name: L.
Middle Name: Last Name: Mesches
Last Name: Taba Suffix:
Suffix: Law Firm Name: Haynes and Boone, LLP
Pro Se: Address 1: 2323 Victory Avenue
Address 2: Suite 700
City: Dallas
State: Texas Zip+4: 75219
Telephone: 214-651-5234 ext.
Fax: 214-200-0913
Email: ben.mesches@haynesboone.com
SBN: 24032737

8 Person Organization (choose one) 8 Lead Attorney
First Name: Kirk
First Name: Edwin Middle Name: L.
Middle Name: Last Name: Pittard
Last Name: Cruz Suffix:
Suffix: Law Firm Name: Kelly, Durham & Pittard, LLP
Pro Se: Address 1: P.O. Box 224626
Address 2:
City: Dallas

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 05-12-01480-CV
State: Texas Zip+4: 75222
Telephone: 214-946-8000 ext.
Fax: 214-946-8433
Email: kpittard@kdplawfirm.com
SBN: 24010313

8 Person Organization (choose one) Lead Attorney
First Name: Frank
First Name: Edwin Middle Name: L.
Middle Name: Last Name: Branson
Last Name: Cruz Suffix:
Suffix: Law Firm Name: The Law Offices of Frank L. Branson, PC
Pro Se: Address 1: Highland Park Place
Address 2: 4514 Cole Avenue, 18th Floor
City: Dallas
State: Texas Zip+4: 75205
Telephone: 214-522-0200 ext.
Fax: 214-521-5485
Email: flbranson@flbranson.com
SBN: 02899000

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 05-12-01480-CV
Nature of Case (Subject matter or type of case): Corporation & Partnership
Date order or judgment signed: August 7, 2012 Type of judgment: Jury Trial
Date notice of appeal filed in trial court: November 2, 2012
If mailed to the trial court clerk, also give the date mailed:
Interlocutory appeal of appealable order: Yes 8 No
If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28):

Accelerated appeal (See TRAP 28): Yes 8 No
If yes, please specify statutory or other basis on which appeal is accelerated:

Parental Termination or Child Protection? (See TRAP 28.4): Yes o No

Permissive? (See TRAP 28.3): Yes 8 No
If yes, please specify statutory or other basis for such status:

Agreed? (See TRAP 28.2): Yes 8 No
If yes, please specify statutory or other basis for such status:

Appeal should receive precedence, preference, or priority under statute or rule: Yes 8 No
If yes, please specify statutory or other basis for such status:

Does this case involve an amount under $100,000? Yes 8 No
Judgment or order disposes of all parties and issues: 8 Yes No
Appeal from final judgment: 8 Yes No
Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? Yes 8 No

Motion for New Trial: 8 Yes No If yes, date filed: September 5, 2012
Motion to Modify Judgment: 8 Yes No If yes, date filed: September 5, 2012
Request for Findings of Fact Yes 8 No If yes, date filed:
and Conclusions of Law:
Yes 8 No If yes, date filed:
Motion to Reinstate:
Yes 8 No If yes, date filed:
Motion under TRCP 306a:
Other: Yes 8 No
If other, please specify:

Affidavit filed in trial court: Yes 8 No If yes, date filed:

Contest filed in trial court: Yes No If yes, date filed:

Date ruling on contest due:

Ruling on contest: Sustained Overruled Date of ruling:

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 05-12-01480-CV
Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? Yes 8 No
If yes, please attach a copy of the petition.

Date bankruptcy filed: Bankruptcy Case Number:

Court: 101st District Court Clerk's Record:
County: Dallas Trial Court Clerk: 8 District County
10-16274-E Was clerk's record requested? 8 Yes No
If yes, date requested: November 2, 2012
Trial Judge (who tried or disposed of case): If no, date it will be requested:
First Name: Martin Were payment arrangements made with clerk?
Middle Name: 8 Yes No Indigent
Last Name: Lowy
Suffix:
Address 1: 600 Commerce Street
Address 2 : Suite 685
City: Dallas
State: Texas Zip + 4:
Telephone: 214-653-6937 ext.
Fax: 214-653-6145
Email: not published

Reporter's or Recorder's Record:
Is there a reporter's record? 8 Yes No
Was reporter's record requested? 8 Yes No

Was there a reporter's record electronically recorded? Yes 8 No
If yes, date requested: November 2, 2012

If no, date it will be requested:
Were payment arrangements made with the court reporter/court recorder? 8 Yes No Indigent

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 05-12-01480-CV
8 Court Reporter Court Recorder
8
Official Substitute

First Name: David
Middle Name:
Last Name: Langford
Suffix:
Address 1: 600 Commerce Street
Address 2: Suite 685
City: Dallas
State: Texas Zip + 4: 75202
Telephone: 214-653-6608 ext.
Fax:
Email: david.langford@dallascounty.org

Supersedeas bond filed: 8 Yes No If yes, date filed: October 16, 2012

Will file: Yes No

Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Court? Yes 8 No
If yes, briefly state the basis for your request:

Should this appeal be referred to mediation? 8 Yes No
If no, please specify:
Has the case been through an ADR procedure? 8 Yes No
If yes, who was the mediator? Mark Whittington
What type of ADR procedure? mediation
At what stage did the case go through ADR? Pre-Trial 8 Post-Trial Other

If other, please specify:
Type of case? Corporation & Partnership
Give a brief description of the issue to be raised on appeal, the relief sought, and the applicable standard for review, if known (without
prejudice to the right to raise additional issues or request additional relief):
Summary judgment error (de novo standard); charge error (abuse of discretion standard), evidentiary admission (abuse of discretion standard),
evidentiary sufficiency
How was the case disposed of? Trial
Summary of relief granted, including amount of money judgment, and if any, damages awarded. $4.684,718.05
If money judgment, what was the amount? Actual damages: $2,098,456.52
Punitive (or similar) damages: $2,586,261.53

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Attorney's fees (trial): $0.00
05-12-01480-CV
Attorney's fees (appellate): $0.00
Other:
If other, please specify:

Will you challenge this Court's jurisdiction? Yes 8 No
Does judgment have language that one or more parties "take nothing"? 8 Yes No
Does judgment have a Mother Hubbard clause? 8 Yes No
Other basis for finality?
Rate the complexity of the case (use 1 for least and 5 for most complex): 1 2 3 8 4 5
Please make my answer to the preceding questions known to other parties in this case. 8 Yes No
Can the parties agree on an appellate mediator? 8 Yes No
If yes, please give name, address, telephone, fax and email address:
Name Address Telephone Fax Email
Mark Whittington 8401 N. Central Expwy., 214-744-5267 214-720-6010 mwhittington@jamsadr.c
Suite 610, Dallas om
Languages other than English in which the mediator should be proficient: None
Name of person filing out mediation section of docketing statement: P. Michael Jung

List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style.

Docket Number: Trial Court:

Style:

Vs.

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 05-12-01480-CV
The Courts of Appeals listed above, in conjunction with the State Bar of Texas Appellate Section Pro Bono Committee and local Bar
Associations, are conducting a program to place a limited number of civil appeals with appellate counsel who will represent the appellant in
the appeal before this Court.

The Pro Bono Committee is solely responsible for screening and selecting the civil cases for inclusion in the Program based upon a number of
discretionary criteria, including the financial means of the appellant or appellee. If a case is selected by the Committee, and can be matched
with appellate counsel, that counsel will take over representation of the appellant or appellee without charging legal fees. More information
regarding this program can be found in the Pro Bono Program Pamphlet available in paper form at the Clerk's Office or on the Internet at
www.tex-app.org. If your case is selected and matched with a volunteer lawyer, you will receive a letter from the Pro Bono Committee within
thirty (30) to forty-five (45) days after submitting this Docketing Statement.
Note: there is no guarantee that if you submit your case for possible inclusion in the Pro Bono Program, the Pro Bono Committee will select
your case and that pro bono counsel can be found to represent you. Accordingly, you should not forego seeking other counsel to represent
you in this proceeding. By signing your name below, you are authorizing the Pro Bono committee to transmit publicly available facts and
information about your case, including parties and background, through selected Internet sites and Listserv to its pool of volunteer appellate
attorneys.
Do you want this case to be considered for inclusion in the Pro Bono Program? Yes 8 No

Do you authorize the Pro Bono Committee to contact your trial counsel of record in this matter to answer questions the committee may have
regarding the appeal? Yes No

Please note that any such conversations would be maintained as confidential by the Pro Bono Committee and the information used solely for
the purposes of considering the case for inclusion in the Pro Bono Program.

If you have not previously filed an affidavit of Indigency and attached a file-stamped copy of that affidavit, does your income exceed 200% of
the U.S. Department of Health and Human Services Federal Poverty Guidelines? Yes No

These guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet at http://aspe.hhs.gov/poverty/06poverty.shtml.

Are you willing to disclose your financial circumstances to the Pro Bono Committee? Yes No
If yes, please attach an Affidavit of Indigency completed and executed by the appellant or appellee. Sample forms may be found in the
Clerk's Office or on the internet at http://www.tex-app.org. Your participation in the Pro Bono Program may be conditioned upon your
execution of an affidavit under oath as to your financial circumstances.

Give a brief description of the issues to be raised on appeal, the relief sought, and the applicable standard of review, if known (without
prejudice to the right to raise additional issues or request additional relief; use a separate attachment, if necessary).

Signature of counsel (or pro se party) Date: November 2, 2012

Printed Name: Ben L. Mesches State Bar No.: 24032737

Electronic Signature: /s/ Ben L. Mesches
(Optional)

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 05-12-01480-CV
The undersigned counsel certifies that this docketing statement has been served on the following lead counsel for all parties to the trial
court's order or judgment as follows on November 2, 2012 .

Signature of counsel (or pro se party) Electronic Signature: /s/ Ben L. Mesches
(Optional
)
State Bar No.: 24032737
Person Served
Certificate of Service Requirements (TRAP 9.5(e)): A certificate of service must be signed by the person who made the service and must
state:
(1) the date and manner of service;
(2) the name and address of each person served, and
(3) if the person served is a party's attorney, the name of the party represented by that attorney

Please enter the following for each person served:

Date Served: November 2, 2012
Manner Served: Email

First Name: Kirk

Middle Name: L.
Last Name: Pittard
Suffix:
Law Firm Name: Kelly, Durham & Pittard, LLP
Address 1: P.O. Box 224626
Address 2:
City: Dallas
State Texas Zip+4: 75222
Telephone: 214-946-8000 ext.
Fax: 214-946-8433
Email: kpittard@kdplawfirm.com
If Attorney, Representing Party's Name: Edwin Cruz

Ver. 1.0 7/12

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 Telephone:
Law
Middle
City:
Fax:
If
Email:
Last
First
Middle
Last
City:
Email:
If
Law
Date
Manner
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Manner
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State
Firm
Attorney,
Address
Address
Fax:
Suffix:
2:
1:
Name:
Telephone:
Attorney,
Name:
Name:
Firm
Suffix:
State
Name:
Name:
Representing
Representing Party's
Name:
1:Name:
2:
Served:
enter
Served:
Texas
Served:
enter
Date Served: the
Texas
Party's Name:
flbranson@flbranson.com
214-521-5485
the following
214-522-0200
November
Frank
L.
Branson
Dallas
4514
Suite
The Law
Cole
1800
for
Offices
214-522-0200
The
Email
L.
Dallas
214-521-5485 Law
following
Frank
Suite
4514
Avenue
Name: Edwin Cruz
2, each
for
1800
November
Cole
214-522-0200
The
Email Law
2012of
Offices
each
Avenue
2, 2012
flbranson@flbranson.com
Branson Offices
person
ext.
Zip+4:
of Frank
Frank
ext.
person
of
served:
L.
L.7520505-12-01480-CV
Branson,
Branson,
Frankserved:
Zip+4: L.75205
P.C.
Branson, P.C.
P.C.
Ver. 1.0 7/12
Ver. 1.0 7/12

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