In a recent court session, the case of Med 1 Texas MSO LLC versus Lemon Health LLC took center stage as the plaintiff sought to reinstate and modify a previous dismissal order. Attorney Gordon Green, representing Med 1 Texas MSO LLC, explained that the motion arose from inadvertent language in a joint dismissal order that suggested a final resolution of claims against multiple defendants, while leaving one defendant, Jeff Van Horn, unresolved.
The dismissal order, signed on May 28, was intended to be interlocutory, allowing for ongoing claims against Van Horn. Green emphasized that the language in the order misled parties into believing the case was closed, prompting the current motion filed on June 21. He noted that the counsel for the Lumen entities involved in the case had agreed to the proposed modified order, which clarifies that claims against any defendants not named in the order remain active.
Richard Smith, representing Van Horn, expressed no opposition to reopening the case but requested a timeline for filing a motion for no-evidence summary judgment. He highlighted that a similar motion had been granted for another co-defendant earlier in the year, indicating a desire to expedite the resolution of the matter.
The court is expected to set a new trial date and establish a deadline for the summary judgment motion, allowing both parties to move forward in addressing the unresolved claims.