• If UTMB is forced to move the burn research unit and labs in any manner other than specified in the transition plan, there is a substantial likelihood that critical research will be destroyed or impaired as some of the scientists are in the middle of research projects that will be irrevocably lost if the labs are shut down next week.
• Further, UTMB could and would likely lose multiple grants and endorsements for research to be conducted at the facility.
• UTMB has attempted to initiate discussions with the defendants to negotiate a temporary lease and to find other solutions to eviction and cause irreparable harm to UTMB. Shriners have ignored these requests, and have not returned any written correspondence or phone calls from UTMB on the subject.
• UTMB's only recourse is to seek an order restraining Shriners from essentially evicting UTMB from its hospital on March 3l. 2009.
• The conduct of Shriners constitutes a breach of contract.
• Plaintiffs request a show cause order from the Court requiring Defendants to show that the hospital was closed with proper authority.
• lt is essential that the court act immediately, prior to notice on defendants and a hearing on the matter because in the time it would take to formally serve Defendants and schedule a formal hearing, the date by which Defendants have demanded UTMB to remove itself will have passed.
According to a March 28, 2009 story story by KHOU.com:
"The medical branch's offer to lease research space in the Shriners building have been ignored, officials say. But Ralph Semb, president and CEO of Tampa, Fla.-based Shriners Hospitals for Children, said Friday he was taken off guard by the lawsuit. The national office, which operates 22 hospitals, had been in talks with medical branch officials and had offered an extension, Semb said. 'I don't understand where they're coming from,' Semb said. 'We talked to them about extending the time and haven't heard back.'"
The UTMB was scheduled to present their case in the Galveston County District court, 405th Judicial District, tomorrow, Monday, April 6 before The Honorable Wayne J. Mallia, Presiding but the hearing has been rescheduled to April 29th at 9:30 am.