Page 1 of 8 Appellate Docket Number: 01-15-00718-CV Appellate Case Style: Humble Surgical Center LLC, et al.

Vs. Christy L. Traynor Companion Case No.: 

### DOCKETING STATEMENT (Civil) (to be filed in the court of appeals upon perfection of appeal under TRAP 32) Amended/corrected statement: Appellate Court: 1st Court of Appeals I. Appellant

Address 2: Address 1: 2777 Allen Parkway, Suite 1200 II. Appellant Attorney(s)

Pro Se: Suffix: Last Name: Middle Name: First Name: Organization Name: Humble Surgical Center LLC

Law Firm Name:Horne Rota Moos, LLP Suffix: Last Name: Anderson Middle Name: C. First Name: Joshua Lead Attorney

City: Houston Zip+4: 77019 State: Texas Telephone: (713) 333-4500 ext. Fax: (713) 333-4600 Email: janderson@hrmlawyers.com SBN: 24027198 Person Organization (choose one)

State: Texas Zip+4: 77002 ext. Telephone: (713) 236-7740 Fax: (713) 583-3010 Email: jhoulette@houlette-gray.com SBN: 00787718 Lead Attorney First Name: Jacqueline Middle Name: M. Last Name: Houlette Suffix: Law Firm Name: Houlette & Gray, P.L.L.C. Address 1: 440 Louisiana Street, Suite 900 Address 2: City: Houston Person Organization (choose one)

Pro Se: Suffix: Last Name: Middle Name: First Name: Christy L. Traynor III. Appellee IV. Appellee Attorney(s) ACCEPTED 01-15-00718-CV FIRST COURT OF APPEALS

HOUSTON, TEXAS 9/14/2015 5:01:48 PM CHRISTOPHER PRINE

CLERKPage 2 of 8 Yes No No Yes No Yes No Yes No Yes No Yes Yes No

Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? Appeal from final judgment: Judgment or order disposes of all parties and issues: Yes No Yes No No Yes Does this case involve an amount under $100,000?
Yes No If yes, please specify statutory or other basis for such status: Appeal should receive precedence, preference, or priority under statute or rule: Yes No No Yes Agreed? (See TRAP 28.2): If yes, please specify statutory or other basis for such status: No Yes Permissive? (See TRAP 28.3): Parental Termination or Child Protection? (See TRAP 28.4): If yes, please specify statutory or other basis on which appeal is accelerated: Tex. R. App. P. 281; Tex. Civ. Prac. & Rem. Code §51.014(a)(9) Accelerated appeal (See TRAP 28): Yes No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28): Tex. Civ. Prac. & Rem. Code §51.014(a)(9) Interlocutory appeal of appealable order: If mailed to the trial court clerk, also give the date mailed: Date notice of appeal filed in trial court: August 21, 2015 Date order or judgment signed: August 3, 2015 Nature of Case (Subject matter or type of case): Personal Injury Type of judgment: Interlocutory Order

If yes, please specify statutory or other basis for such status: No ■ Yes V. Perfection Of Appeal And Jurisdiction

VI. Actions Extending Time To Perfect Appeal Motion to Modify Judgment: If yes, date filed: Motion for New Trial: If yes, date filed: If yes, date filed: Request for Findings of Fact and Conclusions of Law: Motion to Reinstate: If yes, date filed: If yes, date filed: Motion under TRCP 306a: Other: If other, please specify: VII. Indigency Of Party: (Attach file-stamped copy of affidavit, and extension motion if filed.) Affidavit filed in trial court: Contest filed in trial court: Ruling on contest: If yes, date filed: Yes No

No Yes If yes, date filed: Date ruling on contest due:

Sustained Overruled Date of ruling:Page 3 of 8 VIII. Bankruptcy Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? Yes No If yes, please attach a copy of the petition. Date bankruptcy filed: Bankruptcy Case Number:

IX. Trial Court And Record Court: County Court at Law No. 2

Suffix: Last Name: Chang Middle Name: First Name: Theresa Trial Judge (who tried or disposed of case): Trial Court Docket Number (Cause No.): 1044724 County: Harris Clerk's Record:

Address 1: 201 Caroline, 5th Floor Address 2 : City: Houston

Email: Fax: ext. Telephone: (713) 368-6641 Zip + 4: 77002 State: Texas (Note: No request required under TRAP 34.5(a),(b)) Were payment arrangements made with clerk? No Yes Indigent If no, date it will be requested: If yes, date requested: August 27, 2015 Trial Court Clerk: District County Was clerk's record requested? Yes No

Reporter's or Recorder's Record:
If yes, date requested: September 11, 2015 If no, date it will be requested: Was there a reporter's record electronically recorded? Was reporter's record requested?

No Yes Indigent No Yes No Yes No

Yes Is there a reporter's record?

Were payment arrangements made with the court reporter/court recorder?Page 4 of 8 Email: m1grassmuck@gmail.com Fax: Telephone: (832) 279-3109 ext. State: Texas Zip + 4: 77002 City: Houston Address 2: 201 Caroline, 5th Floor Address 1: Harris County Civil Courthouse Suffix: Last Name: Grassmuck Middle Name: First Name: Monica Substitute Official Court Recorder Court Reporter

X. Supersedeas Bond Supersedeas bond filed: Will file: If yes, date filed:

Yes No Yes No

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

Should this appeal be referred to mediation? If no, please specify:At this point in time, Appellant does not believe that mediation would be productive. Has the case been through an ADR procedure? If yes, who was the mediator? What type of ADR procedure? At what stage did the case go through ADR? If other, please specify: Type of case? Personal Injury 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): Appellant seeks dismissal of Appellee's claims, as they are healthcare liability claims for which Appellee failed to timely file a compliant expert report. How was the case disposed of? Other Summary of relief granted, including amount of money judgment, and if any, damages awarded. N/A Actual damages: Punitive (or similar) damages: If money judgment, what was the amount? Yes No
Pre-Trial Post-Trial Other XII. Alternative Dispute Resolution/Mediation (Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 9th, 10th, 11th, 12th, 13th, or 14th Court of Appeal) Yes NoPage 5 of 8 Attorney's fees (trial): Attorney's fees (appellate): Other: If other, please specify: Will you challenge this Court's jurisdiction? Does judgment have a Mother Hubbard clause? Does judgment have language that one or more parties "take nothing"? Other basis for finality? 4 3 Rate the complexity of the case (use 1 for least and 5 for most complex): Please make my answer to the preceding questions known to other parties in this case. Can the parties agree on an appellate mediator?

Name of person filing out mediation section of docketing statement: Joshua C. Anderson Languages other than English in which the mediator should be proficient: Email Fax Telephone Address Name If yes, please give name, address, telephone, fax and email address: Yes No 1 2 3 4 5 Yes No Yes No No Yes Yes No

XIII. Related Matters

Vs. Style: Docket Number: N/A Trial Court: List any pending or past related appeals before this or any other Texas appellate court by court, docket number, and style.Page 6 of 8 XIV. Pro Bono Program: (Complete section if filing in the 1st, 3rd, 5th, or 14th Courts of Appeals) 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? 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? 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? These guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet athttp://aspe.hhs.gov/poverty/06poverty.shtml. Are you willing to disclose your financial circumstances to the Pro Bono Committee? 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 athttp://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).

XV. Signature Signature of counsel (or pro se party) Date: September 14, 2015 Yes No Yes No Yes No Yes No

Electronic Signature: /s/ Joshua C. Anderson (Optional) Printed Name: Joshua C. Anderson State Bar No.: 24027198Page 7 of 8 XVI. Certificate of Service 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 .

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 September 14, 2015

State Bar No.: 24027198 Signature of counsel (or pro se party) Electronic Signature: /s/ Joshua C. Anderson (Optional)

If Attorney, Representing Party's Name: Christy L. Traynor Email: jhoulette@houlette-gray.com Zip+4: 77002 State Texas City: Houston Address 2: Address 1: 440 Louisiana Street, Suite 900 Law Firm Name:Houlette & Gray, P.L.L.C. Suffix: Last Name: Houlette Middle Name: M. First Name: Jacqueline Manner Served: eServed Date Served: September 14, 2015 Please enter the following for each person served:

Fax: (713) 583-3010 Telephone: (713) 236-7740 ext.
Please enter the following for each person served:Page 8 of 8 If Attorney, Representing Party's Name: Kelly Joe Bunyard Email: arussell@taylaw.com Zip+4: 77002 State Texas City: Houston Address 2: Address 1: 815 Walker, Suite 250 Law Firm Name:Taylor, Taylor & Russell Suffix: Last Name: Russell Middle Name: D. First Name: Allen Manner Served: eServed Date Served: September 14, 2015

Fax: (713) 615-6070 Telephone: (713) 615-6060 ext.