On July 26, 2016 a
Motion,Ex Parte
was filed
involving a dispute between
Devsj Concrete Llc (Derivatively On Behalf Of Texas Conrete Enterprise,
Texas Concrete Enterprise Iv Llc,
Gajarawala, Hemant,
and
Kurre, Somaiah,
for Debt/Contract - Debt/Contract
in the District Court of Harris County.
Preview
CAUSE NO. 2016-49450
HEMANT GAJARAWALA § IN THE DISTRICT COURT OF
§
vs. § HARRIS COUNTY, TEXAS
§
SOMAIAH KURRE § 80th JUDICIAL DISTRICT
UNOPPOSED MOTION FOR CONTINUANCE
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW, Defendant, SOMAIAH KURRE, and file this Unopposed Motion for
Continuance and for Entry of a New Docket Control Order and in support thereof would respectfully
show unto the Court as follows:
cE
is The above-referenced matter has been set for trial during the two-week trial docket
beginning May 22, 2017.
2 Plaintiff sued Defendant for default on a promissory note and failure to pay another
loan. Defendant has filed a counterclaim for usury against Plaintiff as to the other loan. Intervenor
has sued Defendant for breach of fiduciary duty.
35 This is the first motion for continuance.
4. The parties have attended mediation. No resolution was reached at mediation.
However, since that time, Defendant has tendered payment which should resolve the claims
involving the promissory note. Defendant is working to repay the actual sum borrowed pursuant to
the other loan.
Ds The parties have not completed discovery.
6. Defendant would request a continuance of ninety days and entry of a new docket
control order.Ws No party, Plaintiff, Intervenor or Defendants, has made an unconditional
announcement of ready.
8. This request for continuance is not for delay only, but that justice may be done. This
request is supported by the Affidavit of John D. Charbonnet, Jr.
WHEREFORE, PREMISES CONSIDERED, Defendant, SOMAIAH KURRE, prays that the
Court grant a continuance of the current trial setting of May 22, 2017, and that the Court reset this
case for trial in approximately ninety days and enter a new docket control order, and for such other
and further relief, both general and special, at law or in equity, to which Defendant may show
himself to be justly entitled.
Respectfully submitted,
KOCHMAN & C ET, PC
By:
JOHN D. CHARBONNET, JR.
TBA NO. 00785758
12012 Wickchester, Suite 150
Houston, Texas 77079
713-871-2490 — phone
713-871-2495 — fax
Email: jdcharbonnet@kdclaw.com
ATTORNEY FOR DEFENDANT
CERTIFICATE OF CONFERENCE
On April 18, 2017, I communicated via email with Issac Villarreal, attorney for Plaintiff and
Intervenor, regarding this motion for continuance. Mr. Villarreal advised that he could not agree but
was unopposed so long as the continuance was not for an extended period of time.
JOHN D. CHARBONNET, JR.CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the above and foregoing Motion for
Continuance has been forwarded to the following on April _, 2017:
Isaac Villarreal
Andrew Green
McCathern, PLLC
2000 West Loop South, Suite 1850
Houston, TX 77027
JOHN D. CHARBONNET, JR.
Document Filed Date
April 20, 2017
Case Filing Date
July 26, 2016
Category
Debt/Contract - Debt/Contract
Status
Case On Appeal - Civil
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CAUSE NO. 2016-49450 HEMANT GAJARAWALA § IN THE DISTRICT COURT OF § vs. § HARRIS COUNTY, TEXAS § SOMAIAH KURRE § 80th JUDICIAL DISTRICT UNOPPOSED MOTION FOR CONTINUANCE TO THE HONORABLE JUDGE OF SAID COURT: COME NOW, Defendant, SOMAIAH KURRE, and file this Unopposed Motion for Continuance and for Entry of a New Docket Control Order and in support thereof would respectfully show unto the Court as follows: cE is The above-referenced matter has been set for trial during the two-week trial docket beginning May 22, 2017. 2 Plaintiff sued Defendant for default on a promissory note and failure to pay another loan. Defendant has filed a counterclaim for usury against Plaintiff as to the other loan. Intervenor has sued Defendant for breach of fiduciary duty. 35 This is the first motion for continuance. 4. The parties have attended mediation. No resolution was reached at mediation. However, since that time, Defendant has tendered payment which should resolve the claims involving the promissory note. Defendant is working to repay the actual sum borrowed pursuant to the other loan. Ds The parties have not completed discovery. 6. Defendant would request a continuance of ninety days and entry of a new docket control order.Ws No party, Plaintiff, Intervenor or Defendants, has made an unconditional announcement of ready. 8. This request for continuance is not for delay only, but that justice may be done. This request is supported by the Affidavit of John D. Charbonnet, Jr. WHEREFORE, PREMISES CONSIDERED, Defendant, SOMAIAH KURRE, prays that the Court grant a continuance of the current trial setting of May 22, 2017, and that the Court reset this case for trial in approximately ninety days and enter a new docket control order, and for such other and further relief, both general and special, at law or in equity, to which Defendant may show himself to be justly entitled. Respectfully submitted, KOCHMAN & C ET, PC By: JOHN D. CHARBONNET, JR. TBA NO. 00785758 12012 Wickchester, Suite 150 Houston, Texas 77079 713-871-2490 — phone 713-871-2495 — fax Email: jdcharbonnet@kdclaw.com ATTORNEY FOR DEFENDANT CERTIFICATE OF CONFERENCE On April 18, 2017, I communicated via email with Issac Villarreal, attorney for Plaintiff and Intervenor, regarding this motion for continuance. Mr. Villarreal advised that he could not agree but was unopposed so long as the continuance was not for an extended period of time. JOHN D. CHARBONNET, JR.CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the above and foregoing Motion for Continuance has been forwarded to the following on April _, 2017: Isaac Villarreal Andrew Green McCathern, PLLC 2000 West Loop South, Suite 1850 Houston, TX 77027 JOHN D. CHARBONNET, JR.