Rios et al v. Partners in Primary Care, P.A. et al

MOTION for Leave to File Plaintiffs' Third Amended Complaint

W.D. Tex.March 19, 2019

M O T I O N P a g e 1 | 4 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION AMELIA RIOS, ROBERT GREEN, and SAYRA GREEN, Plaintiffs, V. CIOX HEALTH, LLC, HEALTHPORT TECHNOLOGIES, LLC, SCANSTAT, L.P., NORTH SHORE AGENCY, INC., NIX HOSTPITALS SYSTEM, LLC, and PARTNERS IN PRIMARY CARE, P.A., Defendants. § § § § § § § § § § § § § § CASE NO. 5:18-CV-00538-FB PLAINTIFFS’ MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT TO THE HONORABLE FRED BIERY, UNITED STATES DISTRICT JUDGE: Plaintiffs, Amelia Rios, Robert Green, and Sayra Green, file this Motion for Leave to File Third Amended Complaint. Plaintiffs ask the Court under Rule 15 of the Federal Rules of Civil Procedure for leave to file their Third Amended Complaint. Their proposed Third Amended Complaint is filed together with this Motion. The only differences between the current Second Amended Complaint and the proposed Third Amended Complaint are new and clarified allegations concerning Defendant Partners in Primary Care stated in paragraphs 18-21 of the proposed Third Amended Complaint. In her Report and Recommendations and Order of United States Magistrate Judge signed on February 15, 2019, Magistrate Judge Elizabeth S. Chestney recommended that Plaintiffs be permitted to supplement their allegations as to Defendant Case 5:18-cv-00538-FB-ESC Document 51 Filed 03/19/19 Page 1 of 6 M O T I O N P a g e 2 | 4 Partners in Primary Care concerning its debt-collection activity under the TDCA. Doc. # 43, p. 31. The new allegations in paragraphs 18-21 of the proposed Third Amended Complaint are Plaintiffs’ proposed supplemental allegations in response to that recommendation. In their Objection to Report and Recommendation and Order of United States Magistrate Judge filed on March 19, 2019, Plaintiffs submit argument and authorities supporting their allegations that Partners in Primary Care has engaged in debt-collection activity subject to the TDCA. In the interest of brevity and to avoid repetition, Plaintiffs do not repeat that argument and authority here, but do incorporate that argument and those authorities here in support of this Motion. The Court should liberally allow leave to file an amended pleading. There is good cause for doing so here. Therefore, Plaintiffs ask the Court to grant this Motion and to accept as filed for all purposes in this case their proposed Third Amended Complaint submitted with this Motion. Certificate of Conference On March 19, 2019 at 3:10 p.m. CDT, Plaintiffs’ counsel attempted to confer with Defendants’ counsel regarding their opposition or lack of opposition to this motion. Defendants’ counsel have not yet responded to this attempt to confer. However, in their Joint Objections to the Magistrate’s Report and Recommendation (Doc. 49) Defendants Ciox Health, LLC, ScanSTAT, L.P., Nix Hospital System, LLC, and Partners in Primary Care, P.A. “submit[] that the Court should not allow” Plaintiffs to amend their complaint as recommended by the Magistrate Judge. See, Doc. 49 at p. 7. Joint Objections to the Case 5:18-cv-00538-FB-ESC Document 51 Filed 03/19/19 Page 2 of 6 M O T I O N P a g e 3 | 4 Magistrate’s Report and Recommendation Thus, in light of Defendants’ stated opposition to the relief sought herein and in order to file this Motion for Leave to File Third Amended Complaint contemporaneously with their Objection to the Report and Recommendation and Order of United States Magistrate to which it relates and, Plaintiffs therefore respectfully submit this Motion for consideration by the Court. Respectfully submitted, RILEY & RILEY Attorneys at Law 320 Lexington Avenue San Antonio, Texas 78215 (210) 225-7236 Telephone (210) 227-7907 Facsimile By: /s/ Charles Riley CHARLES RILEY State Bar No. 24039138 charlesriley@rileylawfirm.com DARY RILEY State Bar No. 16924400 darbyriley@rileylawfirm.com BINGHAM & LEA, P.C. 319 Maverick Street San Antonio, Texas 78212 (210) 224-1819 Telephone (210) 224-0141 Facsimile By: /s/ Royal B. Lea, III BENJAMIN R. BINGHAM State Bar No. 02322350 ben@binghamandlea.com ROYAL B. LEA, III State Bar No. 12069680 royal@binghamandlea.com COUNSEL FOR PLAINTIFFS Case 5:18-cv-00538-FB-ESC Document 51 Filed 03/19/19 Page 3 of 6 M O T I O N P a g e 4 | 4 CERTIFICATE OF SERVICE I hereby certify that on March 19, 2019, a true and correct copy of the above and foregoing has been served through the Court’s electronic case filing and noticing system on the following: Benjamin R. Bingham Royal B. Lea, III BINGHAM & LEA, P.C. 319 Maverick Street San Antonio, Texas 78212 Counsel for Plaintiffs Charles A. Deacon Alicia M. Grant NORTON ROSE FULBRIGHT US, LLP 300 Convent Street, Suite 2100 San Antonio, TX 78205-3792 Counsel for Defendants, Nix Hospitals System, LLC and ScanSTAT, L.P. Edward F. Fernandes Laura T. Wagner HUNTON ANDREWS KURTH LLP 111 Congress Ave., Suite 510 Austin, Texas 78701 Counsel for Defendants, CIOX Health, LLC and Partners in Primary Care, PA Jason R. Jobe Letty P. Aguilar THOMPSON, COE, COUSINS & IRONS, LLP Plaza of the Americas 700 N. Pearl St., 5th Floor Dallas, Texas 75201 Counsel for Defendant, North Shore Agency, Inc. Richard G. Foster Raj Aujla PORTER. ROGERS, DAHLMAN & GORDON, PC Trinity Plaza II 745 E. Mulberry, Suite 450 San Antonio, Texas 78212 Counsel for Defendant, Partners in Primary Care, PA /s/ Charles Riley CHARLES RILEY Case 5:18-cv-00538-FB-ESC Document 51 Filed 03/19/19 Page 4 of 6 O R D E R P a g e 1 | 2 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION AMELIA RIOS, ROBERT GREEN, and SAYRA GREEN, Plaintiffs, V. CIOX HEALTH, LLC, HEALTHPORT TECHNOLOGIES, LLC, SCANSTAT, L.P., NORTH SHORE AGENCY, INC., NIX HOSTPITALS SYSTEM, LLC, and PARTNERS IN PRIMARY CARE, P.A., Defendants. § § § § § § § § § § § § § § CASE NO. 5:18-CV-00538-FB ORDER GRANTING PLAINTIFFS’ MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT On the date below, the Court considered and granted Plaintiffs’ Motion for Leave to File Third Amended Complaint. The Court hereby accepts for filing the proposed Third Amended Complaint submitted with that Motion. The Clerk is directed to docket that Third amended Complaint in the Court’s records of this case. IT IS SO ORDERED. Signed on ____________________, 2019. HONORABLE FRED BIERY UNITED STATES DISTRICT JUDGE Case 5:18-cv-00538-FB-ESC Document 51 Filed 03/19/19 Page 5 of 6 O R D E R P a g e 2 | 2 Respectfully submitted, RILEY & RILEY Attorneys at Law 320 Lexington Avenue San Antonio, Texas 78215 (210) 225-7236 Telephone (210) 227-7907 Facsimile By: /s/ Charles Riley CHARLES RILEY State Bar No. 24039138 charlesriley@rileylawfirm.com DARY RILEY State Bar No. 16924400 darbyriley@rileylawfirm.com BINGHAM & LEA, P.C. 319 Maverick Street San Antonio, Texas 78212 (210) 224-1819 Telephone (210) 224-0141 Facsimile By: /s/ Royal B. Lea, III BENJAMIN R. BINGHAM State Bar No. 02322350 ben@binghamandlea.com ROYAL B. LEA, III State Bar No. 12069680 royal@binghamandlea.com COUNSEL FOR PLAINTIFFS Case 5:18-cv-00538-FB-ESC Document 51 Filed 03/19/19 Page 6 of 6