Opinion
04-24-00423-CV
07-17-2024
Art TONTIPLAPHOL, M.D., Bongsun "Sunny" Rich, and Methodist Healthcare System of SanAntonio, Ltd., L.L.P., D/B/A Methodist Hospital, Appellants v. The Estate of Graciela URDIALES, Deceased, Ricardo Urdiales, Ricardo Miguel Urdiales,Melba Ortiz Urdiales, and Gerardo Daniel Urdiales,Appellees
From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2022CI21571 Honorable Monique Diaz, Judge Presiding
ORDER
Irene Rios, Justice.
On June 26, 2024, appellants filed a notice of interlocutory appeal challenging the trial court's denial of their motion to dismiss appellees' claims for failure to serve a timely expert report as required by Texas Civil Practice and Remedies Code 74.351(a). On July 16, 2024, appellants filed an "Emergency Motion for Temporary Relief and Motion to Stay Discovery During Interlocutory Appeal." In their emergency motion, appellants argue that while appellees filed an expert report under section 74.351, that expert report was late and "makes no mention of" appellants Art Tontiplaphol, M.D. and Bongsun "Sunny" Rich. Appellants' motion requests a stay of all discovery generally while this interlocutory appeal is pending. The motion also specifically requests a stay of a July 3, 2024 order compelling the deposition of Preeti Gupta, M.D.
After consideration, we temporarily STAY all discovery in this matter pending further order of this court, including the deposition of Preeti Gupta, M.D. We ORDER appellants and appellees to file, by August 1, 2024, advisories with this court stating: (1) whether Preeti Gupta, M.D. is either a party to this case or is subject to a party's control; and (2) how many oral depositions of nonparties have thus far been conducted by all claimants in this matter. See Tex. Civ. Prac. & Rem. Code Ann. § 74.351(s), (u); see also Tex. R. Civ. P. 205.1 (defining "nonparty"). In their advisory, appellees may include any further response to appellants' emergency motion they believe is necessary.