C OURT OF A PPEALS FOR THE
F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: United Healthcare Services, Inc., United Healthcare Insurance

Company, United Healthcare Benefits of Texas, Inc. and United Healthcare of Texas, Inc. v. First Stree t Hospital LP, First Surgical Partners, LLC, First Surgical Partners Holding Inc., Jacob Varon, M.D., St. Michael’s Emergency Center, LLC, The
Woodlands FEC, LLC, Brian Orsak, Shannon Orsak, Diane Crumley, Vital Weight Control, Inc., Harris County Title S earch, Inc., Emergency Healthcare Partners LP d/b/a Memorial Heights Emergency Center, and Anthony Rotondo

Appellate case number: 01

- 17

- 00237

- CV

Trial court case number: 2015

- 50785

Trial court: 269th District Court

1. Chart

The parties agreed at oral argument to provide the Court with a jointly submitted
chart that contains record citations to the following information (including specific page
and paragraph numbers, if available, for multi

- page documents):

(1) each cause of action against each defend ant in the live pleading at the time the
trial court ruled on the relevant summary

- judgment motions;

(2) each ground raised by each defendant in its summary

- judgment motions that
challenged each cause of action;

(3) each response raised by plaintiffs to each ground for summary judgment; and

(4) every specific ruling by the trial court on each of the grounds raised in the

summary

- judgment motions.Accordingly, the parties are ORDERED to prepare and file a joint submission

with a chart that identifies the se materials within 20 days of this order, on or before
March 20, 2018

.

2. Authority, including adverse authority

All parties are ORDERED to conduct additional legal research on the issue of

when a civil fraud claim accrues in the context of either recurr ing billing or a recurring misrepresentation (“the accrual issue”) . This research should include a 50

- state survey and review of the Restatements and writing s by leading nationally

- recognized scholars. The scope of legal research should be broad enough to include authority in potentially analogous contexts (e.g., accrual of claims in copyright infringement cases ).

All parties are ORDERED to submit relevant legal authority that they locate on

the accrual issue, including adverse authority, no later than Marc h 2 6 , 2018. See T EX

. D ISCIPLINARY R. P ROF

. C ONDUCT 3.03( A )(4)

, reprinted in T EX

. G OV ’ T C ODE , tit. 2, subtit. G app. A ( T EX

. S TATE B AR R. art. X, § 9) ( “ A lawyer shall not knowingly . . . fail to disclose to the tribunal authority in the controlling jurisd iction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel

. . . .”).

3

. Appellee response to briefing

Appellees are ORDERED to file a letter brief that responds to the argument raised on page 12

, footnote 8 of Appellants’ Response and Reply Brief filed on December 8, 2017. Appellees’ letter brief is due no later than March 2 6 , 2018 , and is limited to three pages in length.

It is so ORDERED.

Judge’s signature: /s/ Harvey Brown

 Acting individually  Acting for the Court

Date: February 28, 2018