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Photo of Brazoria County

Court

Brazoria County

Texas

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Case Information

Filed 2021-12-06
Status Filed
Type Injury Or Damage Medical Malpractice
Docket 120 entries

Parties

Plaintiff George, Evelyn
Defendant Horndeski, Gary, Md
Photo of Hon. Gilbert Justin R

Judge

Hon. Gilbert Justin R

Brazoria County (TX)

Texas

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Lawyers

Docket Entries

  1. Jury Trial (9:00 AM) (Judicial Officer Gilbert, Justin R.) Jury Trial set per Order Granting Plaintiffs' Opposed Motion to Consolidate into Pre-Existing Limited Trial Plaintiff Group s. 12-11-25
  2. Request Process Request
  3. Docket Sheet
  4. Jury Fee Paid Evelyn George - Plaintiff
  5. Citation Horndeski, Gary, MD Served 12/29/2021
  6. Service Returned 217709 Gary Hordeski, MD citation served on 12-29-2021
  7. Jury Demand -Gary Horndeski, MD
  8. Answer Defendant Gary Horndeski, M.D.'s Original Answer and Jury Demand
  9. Notice of Appearance of Lead Counsel- Plaintiff
  10. Notice of Intent To Use Documents Pursuant To TRCP 193.7
  11. Objection to the Sufficiency of Plaintiff's Chapter 74 Expert Report Authored by Mark Schuterman, M.D.- Defendant
  12. Proposed Order Denying Expert Report by Mark. Schusterman, M.D.
  13. Certificate of Discovery- Defendant
  14. Response to Plaintiff's Motion to Consolidate- Defendant
  15. Proposed Order Denying Consolidation
  16. Certificate of Discovery - Defendant, Gary Horndeski, M.D.
  17. Notice of Intention to Take Deposition by Written Questions - 6 entities
  18. Notice of Intention to Take Deposition by Written Questions - Defendant - 5 Entities
  19. Motion to Quash Defendant's Deposition by Written Questions - Plaintiff
  20. Order Case Consolidation Order / JG / 4 pages / Signed on 05-11-2022
  21. Notice of Filing Business Records Affidavits - Plaintiff
  22. Notice of Hearing on Plaintiff's Objection to and Motion to Quash Defendant's Deposition by Written Questions set for 06/21/2022 at 11:30 a.m. - Defendant
  23. Certificate of Discovery- Defendant
  24. CANCELED Motion to Quash (11:30 AM) (Judicial Officer Gilbert, Justin R.) Passed In-Person Hearing on P's Motion to Quash D's Deposition by Written Questions; set by Calvert's office
  25. Notice of Hearing Defendant's Amended Notice of Hearing on Plaintiff's Motion to Quash Defendant's Deposition by Written Questions set for 07/18/2022 at 1:00 p.m.
  26. Notice Plaintiff's First Supplemental Notice of Filing Business Records Affidavits
  27. Motion to Quash (1:00 PM) (Judicial Officer Gilbert, Justin R.) In-Person Hearing on P's Motion to Quash D's Deposition by Written Questions; set by Calvert's office
  28. Response to Plaintiff's Motion to Quash- Defendant
  29. Proposed Order on Plaintiff's Motion to Quash Defendant's Deposition by Written Questions
  30. Order on Plaintiff's Motion to Quash Defendant's Deposition by Written Questions / JG / 1 page
  31. Notice of Intention to Take Deposition by Written Questions - Defendant - 3 Entities
  32. Notice of Intention to Take Deposition by Written Questions - Defendant - 11 entities
  33. Notice of Intention to Take Deposition by Written Questions - Defendant - 11 entities
  34. Notice of Intention to Take Deposition by Written Questions - Defendant - 11 entities
  35. Certificate Re: Brazosport Regional Health System (Radiology)
  36. Certificate Re: Brazosport Regional Health System (Billing)
  37. Certificate Re: Mark A. Schusterman, MD, FACS (Billing)
  38. Certificate Re: Mark A. Schusterman, MD, FACS (Radiology)
  39. Certificate RE: Mark A. Schusterman, MD, Facs (Medical)
  40. Certificate Re: Kadlec Family Medicine Residency (Medical)
  41. Notice Defendant Gary Horndeski, M.D.'s Selection of Fourth Trial of the Consolidated Plaintiffs
  42. Proposed Docket Control Order - Trial set 12/04/2023
  43. Certificate Re: Brazosport Regional Health System (Medical)
  44. Docket Control Order (Trial set for 12-04-2023) / JG / 2 pages / Signed on 11-28-2022
  45. Correspondence from 412th Court Coordinator to Counsel of Record with Copy of Signed Docket Control Order attached
  46. Motion Agreed Motion for Continuance and Amended Docket Control Order
  47. Proposed Order on Agreed Motion for Continuance and Amended Docket Control Order
  48. Proposed Agreed Amended Docket Control Order
  49. Docket Control Order Agreed Amended Docket Control Order setting trial for 02/12/24, signed on 4/18/2023
  50. Order Granting Continuance set 02/12/24 @ 9:00 am (signed 04/18/23)
  51. Notice of Intention to Subpoena Documents or Tangible Things Without a Deposition
  52. Designation of Experts
  53. Notice of Hearing Notice of Hearing on Defendant's Objections to the Sufficiency of Plaintiff's Chapter 74 Expert Report
  54. Rule 11 Agreement dated 9-20-2023
  55. CANCELED Status Hearing (9:00 AM) (Judicial Officer Gilbert, Justin R.) Docket Control Order Entered Status Conference set per DCO s. 11-28-22; Trial 12-4-23 (5 days)
  56. Response to Defendant's Chapter 74 Objections to the Sufficiency of Plaintiff's Chapter 74 Expert Report Authored by Mark Schusterman, M.D.
  57. Proposed Order Denying Defendant's Chapter 74 Objections to the Sufficiency of Plaintiff's Chapter 74 Expert Report Authorized by Mark Schusterman MD
  58. Hearing (11:00 AM) (Judicial Officer Gilbert, Justin R.) Hearing on Defendant Gary Horndeski, M.D.'s Objections to the Sufficiency of Plaintiff's Chapter 74 Expert Report Authored by Mark Schusterman, M.D.; set by Calvert, Leever & Ostler
  59. Order Denying Defendant's Chapter 74 Objections to the Sufficiency of Plaintiff's Chapter 74 Expert Report Authorized by Mark Schusterman MD
  60. Proposed Order on Motion to Reconsider Objections to the Sufficiency of Plaintiff's Chapter 74 Expert Report and Motion to Dismiss
  61. Motion Defendant Gary Horndeski, M.D.'s Motion to Reconsider Objections to the Sufficiency of Plaintiff's Chapter 74 Expert Report and Motion to Dismiss
  62. CANCELED Trial (9:00 AM) (Judicial Officer Gilbert, Justin R.) Docket Control Order Entered Trial set per DCO s. 11-28-22
  63. Notice of Hearing set on January 18, 2024 at 1:30 p.m. on Defendant Gary Horndeski, M.D.'s Motion to Reconsider Objections to the Sufficiency of Plaintiff's Chapter 74 Expert Report and Motion to Dismiss
  64. Notice Plaintiff's Notice of Updated Address for Counsel
  65. Rule 11 Agreement - 12/12/23
  66. Notice of Submission set on January 4, 2024 at 10:00 a.m. on Motion to Reconsider
  67. Response Plaintiff's Response to Defendant's Motion to Reconsider Objections to the Sufficiency of Plaintiff's Chapter 74 Expert Report and Motion for Sanctions
  68. Notice of Oral Hearing set for 01-18-24 @ 1:30pm
  69. Submission (10:00 AM) (Judicial Officer Gilbert, Justin R.) Submission Docket - Defendant Gary Horndeski, MD's Motion to Reconsider Objections to the Sufficiency of Plaintiff's Chapter 74 Expert Report and Motion to Dismiss; set by Calvert, Leever & Ostler
  70. Docket Entry Submission Docket. Defendant Dr. Gary Horndeski, MD's Motion to Reconsider Objections to the Sufficiency of Plaintiff's Chapter 74 Expert Report and Motion to Dismiss - DENIED. JRG
  71. Certificate Defendant Gary Horndeski, M.D.'s Certificate of Discovery
  72. Status Hearing (1:30 PM) (Judicial Officer Gilbert, Justin R.) Status Conference reset to 1-18-24; Trial 2-12-24 12/12/2023 Reset by Court to 01/18/2024
  73. CANCELED Motion Hearing (1:30 PM) (Judicial Officer Gilbert, Justin R.) Other Hearing on Defendant Gary Horndeski, MD's Motion to Reconsider Objections to the Sufficiency of Plaintiff's Chapter 74 Expert Report and Motion to Dismiss; set by Calvert, Leever & Ostler
  74. Motion for Sanctions (1:30 PM) (Judicial Officer Gilbert, Justin R.) Hearing on Motion for Sanctions; set by Pinkerton Law Firm
  75. Proposed Order Granting Plaintiff's Motion for Sanctions
  76. Docket Entry Trial continued until October 14, 2024 @9am. JRG
  77. Order Denying Defendant's Motion to Reconsider Objections to the Sufficiency of Plaintiff's Chapter 74 Expert Report and Motion to Dismiss -signed 01-04-24
  78. Affidavit of Chad Pinkerton
  79. Notice of Appeal Defendant Gary Horndeski, M.D.'s Notice of Appeal (01-24-00068-CV)
  80. Clerk's Notification of Appeal to COA transmitted to the 1st Court of Appeals (01-24-00068-CV)
  81. Court of Appeals Transmission confirmation from the 1st Court of Appeals - Notice of Assignment
  82. Notice from the 1st Court of Appeals Clerk's Record due February 2, 2024 (01-24-00068-CV)
  83. Email to Attorney Calvert with Case Summary attached (01-24-00068-CV)
  84. Request Defendant Gary Horndeski, M.D.'s Request for Clerk's Record
  85. Request for Reporter's Record
  86. Amended Defendant Gary Horndeski, M.D.'s Amended Request for Clerk's Record
  87. Email to Attorney T. Marc Calvert with Appeal Bill of Costs ($240.00 DUE) and Index attached (01-24-00068-CV)
  88. Clerk's Record transmitted to the 1st Court of Appeals (01-24-00068-CV)
  89. Court of Appeals Transmission confirmation from the 1st Court of Appeals - Clerk's Record Volumes 1 & 2 (01-24-00068-CV)
  90. Memo Payment received from Attorney T. Marc Calvert in the amount of $240.00 for payment of the Clerk's Record (01-24-00068-CV)
  91. Correspondence from the District Clerk's Office to Attorney T. Marc Calvert with receipt for payment of Clerk's Record (01-24-00068-CV) enclosed
  92. Notice from the 1st Court of Appeals Clerk's Record received (01-24-00068-CV)
  93. Notice from the 1st Court of Appeals Sealed Clerk's Record received (01-24-00068-CV)
  94. CANCELED Trial (9:00 AM) (Judicial Officer Gilbert, Justin R.) Other Trial set per Agreed Amended DCO s. 4-18-23 (5 days)
  95. Motion Agreed Motion to Withdraw and Substitute Counsel
  96. Proposed Order on Agreed Motion to Withdraw and Substitute Counsel
  97. Order Granting Withdrawal of Counsel -signed 6/13/24
  98. Notice Amended Notice of Intention to take Deposition by Written Questions
  99. Answer Gary Horndeski, M.D.'s First Amended Answer, Affirmative Defenses and Request for Jury Trial
  100. Motion Agreed Motion for Continuance
  101. Proposed Order Granting Agreed Motion for Continuance
  102. Proposed Agreed Amended Docket Control Order
  103. CANCELED Trial (9:00 AM) (Judicial Officer Gilbert, Justin R.) Docket Control Order Entered Trial continued to 10-14-24 at 1-18-24 hearing
  104. Docket Control Order - trial set for 9-29-2025/signed on 10-11-2024
  105. Order Granting Continuance - reset for 9-29-2025/signed on 10-11-2024
  106. Notice of Change of Firm Name and Address and Designation of Lead Counsel
  107. Status Hearing (9:00 AM) (Judicial Officer Gilbert, Justin R.) Status Conference set per Agreed Amended DCO s. 10-11-24; TRIAL 9-29-25
  108. Trial (9:00 AM) (Judicial Officer Gilbert, Justin R.) Trial set per Agreed Amended DCO s. 10-11-24; 5 days
  109. Notice from the 1st Court of Appeals Opinion Issued (01-24-0068-CV)
  110. Court of Appeals Judgment from the 1st Court of Appeals Affirms Trial Court's Order (01-24-0068-CV)
  111. Memorandum Opinion from the 1st Court of Appeals Affirm Trial Court Order (01-24-00068-CV)
  112. Motion Plaintiffs' Opposed Motion to Consolidate Into Pre-Existing Limited Trial Plaintiff Group
  113. Proposed Order Granting Plaintiffs' Opposed Motion to Consolidate Into Pre-Existing Limited Trial Plaintiff Group
  114. Notice of Hearing of Submission Hearing - on Opposed Motion to Consolidate - 12/11/2025 9am
  115. Response Gray Horndeski, M.D.'s Response in Opposition to Plaintiff's Motion to Consolidate into Pre-Existing Limited Trial Plaintiff Group
  116. Submission (9:00 AM) (Judicial Officer Gilbert, Justin R.) Submission Docket - Plaintiff's Opposed Motion to Consolidate into Pre-Existing Limited Trial Plaintiff Group; set by The Pinkerton Law Firm
  117. Order Granting Plaintiffs' Opposed Motion to Consolidate into Pre-Existing Limited Trial Plaintiff Group -signed 12/11/2025
  118. Notice from the 1st Court of Appeals Mandate Issued (01-24-00068-CV)
  119. Mandate from the 1st Court of Appeals Affirms the Trial Court's Order (01-24-00068-CV)
  120. Appeal Bill of Costs (01-24-00068-CV)

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