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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

J.W., a Minor, By and Through Her *

Parents and Next Friends

DELONIA WILLIAMS and *

DULCE MENDEZ; DELONIA WILLIAMS; 

DULCE MENDEZ, *

Plaintiffs, *

 

v. * Case No.: 4:22-cv-00251-O

THE UNITED STATES OF AMERICA; *

BAYLOR SCOTT & WHITE HEALTH; and 

HILLCREST BAPTIST MEDICAL CENTER D/B/A *

BAYLOR SCOTT & WHITE MEDICAL CENTER –

HILLCREST, *

Defendants. *

* * * * * * * * * * * * *

CONSENT MOTION TO TRANSFER TO THE 

WACO DIVISION OF THE WESTERN DISTRICT OF TEXAS 

NOW COME the Parties, by and through their respective undersigned counsel of record, 

and hereby submit this Consent Motion to Transfer to the Waco Division of the Western District 

of Texas. In support thereof, the Parties respectfully state as follows: 

1. This is an obstetrical malpractice action in which Plaintiffs have alleged that 

Defendants, United States of America, Baylor Scott & White Health, and Hillcrest Baptist Medical 

Center, acting by and through their respective agents, servants, or employees, deviated from the 

applicable standards of care during Plaintiff Dulce Mendez’s March 28, 2020 labor and delivery 

at Baylor Scott & White Medical Center – Hillcrest. Plaintiffs have additionally alleged that the 

Defendants’ individual and collective deviations from the standard of care caused minor Plaintiff 

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J.W. to suffer brain damage and neurological sequela from lack of blood and oxygen at or near the 

time of birth. The Defendants deny all allegations asserted by Plaintiffs. 

2. On February 22, 2022, Plaintiffs initiated this action with the filing of their 

Complaint and Demand for Jury Trial in the United States District Court for the Northern District 

of Texas Dallas Division. On March 2, 2022, the Honorable Brantley Starr issued an electronic 

Order transferring this matter to the Fort Worth Division of the Northern District of Texas pursuant 

to 28 U.S.C. Sections 1402(a)(1) and 1404(a). 

3. This matter was subsequently transferred to the Fort Worth Division of the 

Northern District of Texas on April 4, 2022.

4. Pursuant to 28 U.S.C. Section 1402(b), any civil action against the United States 

under the Federal Tort Claims Act, such as the instant case, “may be prosecuted only in the judicial 

district where the plaintiff resides or wherein the act or omission complain of occurred.” 28 U.S.C. 

§ 1402(b); see 28 U.S.C. § 1346(b). 

5. Counsel for the Parties have conferred and consent to the transfer of this matter to 

the Waco Division of the Western District of Texas as it is a proper venue to prosecute this case 

pursuant to 28 U.S.C. Section 1402(b). 

WHEREFORE, the Parties request that this Honorable Court enter a Consent Order 

transferring this matter to the Waco Division of the Western District of Texas.

Respectfully submitted, 

Rasansky Law Firm

/s/ Jeffrey Rasansky

Jeffrey Rasansky

State Bar No. 16551150

Jrasansky@jrlawfirm.com 

2525 McKinnon Street, Suite 550

Dallas, TX 75201

The United States of America

/s/ Tami C. Parker 

Tami C. Parker 

Assistant United States Attorney

Burnett Plaza, Suite 1700

801 Cherry Street, Unit #4

Fort Worth, TX 76102

Case 4:22-cv-00251-O Document 17 Filed 04/12/22 Page 2 of 4 PageID 148
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T: 214.651.6100

F: 214.651.6150

And 

WAIS, VOGELSTEIN, FORMAN, KOCH 

& NORMAN, LLC

/s/ Myles J. Poster 

Keith D. Forman, pro hac vice applied for

Myles J. Poster, admitted pro hac vice

1829 Reisterstown Road, Suite 425

Baltimore, MD 21208

kdf@malpracticeteam.com 

myles@malpracticeteam.com 

T: 410.998.3600

F: 410.593.1642

Attorneys for Plaintiffs 

tami.parker@usdoj.gov

T: 817.252.5230

F: 817.252.5458

Attorneys for Defendant, 

The United States of America 

Cooper & Scully, P.C.

/s/ Cory M. Sutker

John A. Scully 

Cory M. Sutker 

900 Jackson Street, Suite 900

Dallas, TX 75202 

john.scully@cooperscully.com

cory.sutker@cooperscully.com

T: 214.712.9500

F: 214.712.9540

Attorneys for Defendants,

Baylor Scott & White Health and 

Hillcrest Baptist Medical Center d/b/a 

Baylor Scott & White Medical Center –

Hillcrest

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY this 12th day of April, 2022, that I electronically filed and served a 

true and correct copy of the foregoing using the Court’s CM/ECF case filing system which will 

issue notification of filing and service to all counsel of record having previously entered their 

appearance in this case: 

John A. Scully (john.scully@cooperscully.com) 

Cory M. Sutker (cory.sutker@cooperscully.com) 

Cooper & Scully, P.C.

900 Jackson Street, Suite 900

Dallas, TX 75202 

T: 214.712.9500

F: 214.712.9540

Attorneys for Defendants,

Baylor Scott & White Health and 

Hillcrest Baptist Medical Center d/b/a 

Baylor Scott & White Medical Center – Hillcrest

Tami C. Parker (tami.parker@usdoj.gov) 

Assistant United States Attorney

Burnett Plaza, Suite 1700

801 Cherry Street, Unit #4

Fort Worth, TX 76102

T: 817.252.5230

F: 817.252.5458

Attorneys for Defendant, 

The United States of America 

/s/ Myles J. Poster 

Myles J. Poster 

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