NO. 14

- 14

- 00492

- CV

IN THE

COURT OF APPEALS

FOR THE

14 th JUDICIAL DISTRICT

HOUSTON, TEXAS

PAUL STAMATIS, JR.

Appellant

v.

METHODIST WILLOWBROOK HOSPITAL; DANIEL MAO M.D.; AND

NEPTUNE EMERGENCY SERVICES, P.A.

Appellee s

Appeal from

Cause No. 20 10

- 34910 , in the

190 TH District Court of Harris County, Texas

___________________________________________________________

APPELLEES’ MOTION FOR LEAVE

TO FILE POST

- SUBMISSION BRIEF

___________________________________________________________ ACCEPTED

14-14-00492-CV

FOURTEENTH COURT OF APPEALS

HOUSTON, TEXAS

5/7/2015 2:16:56 PM

CHRISTOPHER PRINE

CLERK1 TO TH E HONORABLE COURT OF APPEALS:

Appellee s Houston M ethodist Willowbrook Hospital, Daniel Mao, M.D.,

and Neptune Emergency Services, P.A. file this M otion for Leave to File Post

Submission Brief

.

Appellees seek leave to file the three

- page Post

- S u bmission B rief submitted

concurrently herewith to respond to questions posed by the justices at oral

argument on April 30, 2015 as to the basis of the trial court’s authority to

determine that the emergency standard of proof applied to Appellan t’s claims as a

matte r of law following the pretrial conference. Based on the questions posed by

the Justices, Appellees believe that a concise brief on this point would assist the

Court in its deliberations.

PRAYER FOR RELIEF

For the reasons set forth above, Appellees req u est that this Court grant their

Motion for Leave to File Post

- Submission Brief , direct the clerk to a ccept and file

Appellees’ Post

- Submission Brief , and grant them all other relief to which they

may be entitled.2 Respectfully submitted,

D E LA R OSA L AW F IRM



### /s/ Oscar L. De la Rosa

Oscar L. De la Rosa

State Bar No. 00787351

odelarosa@delarosalawfirm.com

Aron L. Gregg

State Bar No. 24027214

agregg @delarosalawfirm.com

Three Riverway, Suite 1820

Houston, Texas 77056

(713) 395

- 0991

(713) 395

- 099 5 (fax)

ATTORNEYS FOR APPE LLEE,

HOUSTON METHODIST

WILLOWBROOK HOSPITAL

CARDWELL & CHANG, P.L.L.C.

By:______________________________

La V erne Chang

State Bar No. 00783819

511 Lovett Blvd.

Houston, Texas 77006

Telephone: (713) 222

- 6025

Facsimile: (713 ) 222

- 0938

ATTORNEYS FOR APPELLEES

DANIEL MAO, M.D. AND NEPTUNE

EMERGENCY SERVICES, P.A.3 C ERTIFICATE OF CONFERENCE

As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I

have conferred, or made a reasonable attempt to confer, with all other parties,

which are listed below, about the merits of this motion with the following results:

Craig Lewis, Counsel for Appellant,

[X ] opposes motion

[ ] does not oppose motion

[ ] agrees with motion

[ ] would not say whether motion is opposed

[ ] did not return my message regarding the motion.

/s/ Oscar L. De la Rosa

LaVerne Chang, Counsel for Daniel Mao, M.D. and Neptune

Emergency Services, P.A.

[ ] opposes motion

[ ] does not oppose motion

[X ] agrees with motion

[ ] would not say whether motion is opposed

[ ] did not return my message regarding the motion.

/s/ Oscar L. De la Rosa

Date: May 7 , 20154 CERTIFICATE OF SERVICE

As required by Texas Rule s of Appellate Procedure 6.3 and 9.5(b), (d), (e), I

ce rtify that I have served this document on all other parties

— who are listed

below

— on the 7th day of May

, 2015 by facsimile and electronic service.

Counsel for Appellant Paul Stamatis, Jr. :

Craig Lewis

The Lewis Law Firm

2905 Sackett Street

Houston, Texas 77098

Facsimile: 713

- 328

- 7888

Counsel for Dani e l Mao, M.D. and Neptune Emergency Services, P.A. :

La Verne Chang

Cardwell & Chang

511 Lovett Blvd.

Houston, Texas 77006

Facsímile : 713

- 222

- 0938

/s/ Oscar L. De la Rosa