UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

BEAUMONT DIVISION

UNITED STATES and STATE OF 

TEXAS ex rel. DANIEL W. ELLIOTT, 

M.D. and LISA A. MINSLOFF, M.D.,

Plaintiffs,

v.

SOUTHEAST TEXAS MEDICAL 

ASSOCIATES, LLP et al.,

Defendants.

No. 1:23-CV-00329

DEMAND FOR JURY TRIAL

RELATORS’ REPLY IN SUPPORT OF MOTION TO EXTEND 

DEADLINE TO FILE AMENDED PLEADINGS WITHOUT LEAVE OF COURT

On December 14, 2023, Relators filed their Motion to Extend Deadline to File 

Amended Pleadings Without Leave of Court for a straightforward reason: there is an 

ongoing dispute among the parties as to the extent of discovery allowed under the Court’s 

October 20, 2023 order (Dkt. 114). Relators interpret the order to allow for discovery 

“related to the pending dispositive motions,” which Relators believe is aimed at 

streamlining the amendment and dispositive motion process. Defendants disagree.

Relators conferred with all 14 defendants on the extension request, and 11 of them 

did not oppose. Baptist, Steward, and OnPoint opposed the request. In their opposition, 

Baptist, Steward, and OnPoint criticize the brevity of Relators’ motion, and they contend 

Relators cannot establish good cause for an extension because they could have amended 

earlier. These arguments miss the mark.

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First, Relators’ motion is brief because the dispute is discrete—a discovery dispute

implicates whether Relators are entitled to discovery prior to determining whether to amend 

their complaint. The Court allowed for discovery, Relators issued discovery, and the relevant 

Defendants objected. Relators explain the dispute and the potential implication for the 

amendment deadline (without the Court’s leave) in their motion and related Motion to 

Compel. (Dkt. 117). The request for an extension of that deadline while the Court resolves 

the parties’ discovery dispute is reasonable and not aimed at obtaining an unfair advantage.

As to the second point, Baptist, Steward, and OnPoint posit that Relators have not 

been diligent in amending the complaint. That argument misses the point of the extension 

request entirely. Relators’ complaint is appropriately detailed and particularized, as Relators 

explain in their responses to Defendants’ motions to dismiss. It is conceivable that Relators 

might not need to amend at all. However, if the Court intended for the parties to exchange 

discovery related to the motions to dismiss in order to narrow the issues in dispute and to 

allow Relators the opportunity, if necessary, to amend without leave, Relators should have 

the benefit of that discovery prior to the amendment deadline. At core, Relators aim to 

minimize the number of amendments in this case (if any) to avoid unnecessary work by the 

parties and the Court.

Further, on January 3, 2024, Relators filed a Joint Notice of Pending Settlement (Dkt. 

123) advising the Court that certain parties have reached a settlement in principle, subject 

to approval by the United States and the State of Texas. As a result of a finalized settlement, 

amendment of the complaint could be necessary. Relators respectfully request a sixty-day 

extension to the deadline for Relators to file amended pleading without the Court’s leave.

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Dated: January 4, 2024 Respectfully submitted,

REESE MARKETOS LLP

By: /s/ Joshua M. Russ

Joshua M. Russ 

Texas Bar No. 24074990 

josh.russ@rm-firm.com

Joel W. Reese

Texas Bar No. 00788258

joel.reese@rm-firm.com

Adam Sanderson 

Texas State Bar No. 24056264 

adam.sanderson@rm-firm.com 

Andrew O. Wirmani

Texas Bar No. 24052287

andrew.wirmani@rm-firm.com

Tyler J. Bexley 

Texas Bar No. 24073923

tyler.bexley@rm-firm.com 

Brett S. Rosenthal

Texas Bar No. 24080096

brett.rosenthal@rm-firm.com 

Allison N. Cook

Texas Bar No. 24091695

allison.cook@rm-firm.com

750 N. Saint Paul St. Ste. 600

Dallas, Texas 75201-3201

Telephone: (214) 382-9810

Facsimile: (214) 501-0731

MASTROGIOVANNI MERSKY & FLYNN, P.C.

 

By: /s/ Joseph J. Mastrogiovanni 

Joseph J. Mastrogiovanni, Jr.

Texas Bar No. 13184380

jmastro@mastromersky.com

2001 Bryan Street, Suite 1250

Dallas, Texas 75201

Telephone: (214) 922-8800

Facsimile: (214) 922-8801

ATTORNEYS FOR RELATORS

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CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of this document was filed on January 

4, 2024, through the ECF system, and will thereby be sent electronically to the registered

participants as identified on the Notice of Electronic Filing.

 /s/ Joshua M. Russ

Joshua M. Russ

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