On December 30, 2010 a
Motion,Ex Parte
was filed
involving a dispute between
Hanzik, Edward,
and
State Farm County Mutual Insurance Company Of Texas,
for MOTOR VEHICLE ACCIDENT
in the District Court of Dallas County.
Preview
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201
EDWARD HANZIK, 2JAN 23 gAM 10:09 IN THE DISTRICT COURT
Plaintiff
vs. 116™ JUDICIAL DISTRICT
§
STATE FARM COUNTY MUTUAL —§
INSURANCE COMPANY OF §
TEXAS, §
§
Defendant § DALLAS COUNTY, TEXAS
PLAINTIFE’S FIRST MOTION FOR CONTINUANCE - UNOPPOSED
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW, the Plaintiff Edward Hanzik, by and through his attorney of record and
makes and files his First Motion for Continuance which is Unopposed, and would show unto the
Court as follows:
1.
This case was originally filed by Plaintiff on December 30, 2010. This case is currently
on the February 6, 2012 trial docket. This is the First trial setting for this case. This is the First
Motion for Continuance by any party in this case and the Motion is not opposed by Defendant’s
counsel.
Mediation is scheduled for January 30, 2012 with Mark Gilbert.
This continuance is not sought for delay, but so that justice may be done.
IL.
The Plaintiff and Defendant are still conducting discovery and the trial of the case needs
to be reset to allow A) the case to be mediated, and B) and to continue discovery in the event the
PLAINTIFF'S FIRST MOTION FOR CONTINUANCE - UNOPPOSED - page 1case is not settled. The underlying case is an Uninsured Motorist (UIM) case against Plaintiff's
UIM carrier resulting from injuries Plaintiff sustained when he was involved in an accident while
riding his motorcycle on May 10, 2007.
In the interim, Plaintiff was involved in another motorcycle accident while he was riding
his motorcycle on July 8, 2011. His injuries were of such a nature that he was unavailable to
give his deposition until December 14, 2011.
More time needs to be allowed to resolve these issues. Plaintiff requests a short resetting
of this case of no longer than 75 days to allow discovery to continue and to get the case reset for
trial.
If.
For the reasons set forth above, the Plaintiff respectfully requests that this case be
removed from the February 6, 2012 trial docket and reset at a later date.
IV.
CERTIFICATE OF CONFERENCE
The undersigned counsel spoke to Defendant’s counsel on January 20, 2012 and
Defendant’s counsel does not oppose this Motion.
WHEREFORE, PREMISES CONSIDERED, the Plaintiff prays that this Motion for
Continuance be granted in all things and that this cause be removed from the trial docket for
February 6, 2012, and be reset for a later date; and for such other and further relief to which the
Plaintiff may show himself justly entitled.
PLAINTIFF'S FIRST MOTION FOR CONTINUANCE - UNOPPOSED - page 2Respectfully submitted,
ROBERT LYON & ASSOCIATES
3301 Century Drive, Suite A
Rowlett, Texas 75088
(972) 412-0412
FAX (972) 475-5804
ROBERT C. LYON
State Bar No. 12739900
AND:
Bob Gorsky
State Bar No. 08221200
Lyon, Gorsky, Haring,
Gilbert, & Livingston, L.L.P
3131 McKinney, Suite 100
Dallas, TX 75204
(214) 965-0090
FAX (214) 965-0097
ATTORNEYS FOR PLAINTIFFS
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document has been forwarded
via fax and/or regular mail and/or email to all counsel of record on this gf. day of January, 2012.
Mk
ROBERT C. LYON
PLAINTIFF'S FIRST MOTION FOR CONTINUANCE - UNOPPOSED - Page 3ROBERT LYON & ASS FY Ale S
fw
ATTORNEYS AND COUNSELORADAT Ry
2.
. 3 ay 10: 09
‘STH 3 3301 Century Drive - Suite A
OAL Ag eh (eRe Rowlett, Texas 75088
ee ~ TEXAS (972) 412-0412
FAX: (972) 475-5804
January 23, 2012 —— PFPury 1-800-584-9237
attybob@ msn.com
wonw lyonlaw com
Ms. Cassandra Walker, Court Clerk VIA HAND DELIVERY
116™ District Court
George L. Allen Courts Building
600 Commerce Street, Box 640
Dallas, Texas 75202
RE: Edward Hanzik vs. State Farm County Mutual Insurance
Company of Texas; Cause No: DC-10-16813-F
Dear Ms. Walker:
Enclosed for filing please find an original and two copies each of the following:
1. Plaintiff's First Motion for Continuance - Unopposed;
2. a Fiat; and
3. a proposed Order Granting Plaintiff's First Motion for Continuance.
Please present the Order to the Judge for approval and return a conformed copy to the
person delivering same or in the return envelope; or in the alternative, please set the Motion for
hearing as soon as possible, complete the Fiat and return file-marked copies of the Motion and
Fiat to the person delivering same.
By a copy of this letter, 1 am forwarding this Motion, Fiat and proposed Order to the
Defendant's counsel.
Thank you for your courtesy and assistance. If you have any questions or need any
further information, please contact me.
Sincerely,
Robert C. Lyon
RCL:pk
fenc.
ce: Mr. Malcolm G. Renwick (w/enc.)(via email)
Mr. Bob Gorsky (w/enc.)(via email)
Document Filed Date
January 23, 2012
Case Filing Date
December 30, 2010
Category
MOTOR VEHICLE ACCIDENT
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a e e FE cate bo Daa toes 201 EDWARD HANZIK, 2JAN 23 gAM 10:09 IN THE DISTRICT COURT Plaintiff vs. 116™ JUDICIAL DISTRICT § STATE FARM COUNTY MUTUAL —§ INSURANCE COMPANY OF § TEXAS, § § Defendant § DALLAS COUNTY, TEXAS PLAINTIFE’S FIRST MOTION FOR CONTINUANCE - UNOPPOSED TO THE HONORABLE JUDGE OF SAID COURT: COME NOW, the Plaintiff Edward Hanzik, by and through his attorney of record and makes and files his First Motion for Continuance which is Unopposed, and would show unto the Court as follows: 1. This case was originally filed by Plaintiff on December 30, 2010. This case is currently on the February 6, 2012 trial docket. This is the First trial setting for this case. This is the First Motion for Continuance by any party in this case and the Motion is not opposed by Defendant’s counsel. Mediation is scheduled for January 30, 2012 with Mark Gilbert. This continuance is not sought for delay, but so that justice may be done. IL. The Plaintiff and Defendant are still conducting discovery and the trial of the case needs to be reset to allow A) the case to be mediated, and B) and to continue discovery in the event the PLAINTIFF'S FIRST MOTION FOR CONTINUANCE - UNOPPOSED - page 1case is not settled. The underlying case is an Uninsured Motorist (UIM) case against Plaintiff's UIM carrier resulting from injuries Plaintiff sustained when he was involved in an accident while riding his motorcycle on May 10, 2007. In the interim, Plaintiff was involved in another motorcycle accident while he was riding his motorcycle on July 8, 2011. His injuries were of such a nature that he was unavailable to give his deposition until December 14, 2011. More time needs to be allowed to resolve these issues. Plaintiff requests a short resetting of this case of no longer than 75 days to allow discovery to continue and to get the case reset for trial. If. For the reasons set forth above, the Plaintiff respectfully requests that this case be removed from the February 6, 2012 trial docket and reset at a later date. IV. CERTIFICATE OF CONFERENCE The undersigned counsel spoke to Defendant’s counsel on January 20, 2012 and Defendant’s counsel does not oppose this Motion. WHEREFORE, PREMISES CONSIDERED, the Plaintiff prays that this Motion for Continuance be granted in all things and that this cause be removed from the trial docket for February 6, 2012, and be reset for a later date; and for such other and further relief to which the Plaintiff may show himself justly entitled. PLAINTIFF'S FIRST MOTION FOR CONTINUANCE - UNOPPOSED - page 2Respectfully submitted, ROBERT LYON & ASSOCIATES 3301 Century Drive, Suite A Rowlett, Texas 75088 (972) 412-0412 FAX (972) 475-5804 ROBERT C. LYON State Bar No. 12739900 AND: Bob Gorsky State Bar No. 08221200 Lyon, Gorsky, Haring, Gilbert, & Livingston, L.L.P 3131 McKinney, Suite 100 Dallas, TX 75204 (214) 965-0090 FAX (214) 965-0097 ATTORNEYS FOR PLAINTIFFS CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document has been forwarded via fax and/or regular mail and/or email to all counsel of record on this gf. day of January, 2012. Mk ROBERT C. LYON PLAINTIFF'S FIRST MOTION FOR CONTINUANCE - UNOPPOSED - Page 3ROBERT LYON & ASS FY Ale S fw ATTORNEYS AND COUNSELORADAT Ry 2. . 3 ay 10: 09 ‘STH 3 3301 Century Drive - Suite A OAL Ag eh (eRe Rowlett, Texas 75088 ee ~ TEXAS (972) 412-0412 FAX: (972) 475-5804 January 23, 2012 —— PFPury 1-800-584-9237 attybob@ msn.com wonw lyonlaw com Ms. Cassandra Walker, Court Clerk VIA HAND DELIVERY 116™ District Court George L. Allen Courts Building 600 Commerce Street, Box 640 Dallas, Texas 75202 RE: Edward Hanzik vs. State Farm County Mutual Insurance Company of Texas; Cause No: DC-10-16813-F Dear Ms. Walker: Enclosed for filing please find an original and two copies each of the following: 1. Plaintiff's First Motion for Continuance - Unopposed; 2. a Fiat; and 3. a proposed Order Granting Plaintiff's First Motion for Continuance. Please present the Order to the Judge for approval and return a conformed copy to the person delivering same or in the return envelope; or in the alternative, please set the Motion for hearing as soon as possible, complete the Fiat and return file-marked copies of the Motion and Fiat to the person delivering same. By a copy of this letter, 1 am forwarding this Motion, Fiat and proposed Order to the Defendant's counsel. Thank you for your courtesy and assistance. If you have any questions or need any further information, please contact me. Sincerely, Robert C. Lyon RCL:pk fenc. ce: Mr. Malcolm G. Renwick (w/enc.)(via email) Mr. Bob Gorsky (w/enc.)(via email)