Motion-Secondary: LIN, S EMANUEL vs. ESTATE OF KENNETH JAMES WILCHENSKI

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                                No. 2016-62142
                                  S. EMANUEL LIN
                                                             Plaintiff               IN THE 269TH
                                                                                     DISTRICT COURT OF TEXAS
                                  ESTATE OF KENNETH                                  COUNTY OF HARRIS
                                       JAMES WILCHENSKI,                             Hon. Dan Hinde
                                  ROBERT FLOYD SUE
                                       TRUCKING, INC.,                               Hearing       February 16, 2018
                                  DOES 1 ~10                                            Time: 2:           p.m.
                                                             Defendants

                                               SUPPLEMENT TO PLAINTIFF’S OPPOSI-
                                              TION TO TRADITIONAL & NO-EVIDENCE
                                             MOTIONS FOR SUMMARY JUDGMENT ON
                                                   PLAINTIFF’S DIRECT NEGLIGENCE
                                               CLAIMS & GROSS NEGLIGENCE CLAIMS
                                             AGAINST ROBERT FLOYD SUE TRUCKING

                         To the Honorable Court:

                                  After    submitting         for   filing   Plaintiff’s     Opposition        to  Defendants’

                         Traditional and No-Evidence Motions for Summary Judgment on                                        Plain-

                         tiff’s Direct Negligence Claims and Gross Negligence Claims against Rob-

                         ert Floyd Sue Trucking around 11:49 p.m. yesterday, Plaintiff realized

                         he had inadvertently deleted the following paragraph from the body

                         of the sister Opposition t                   Economic Damage Claim filed around

                         08   p.m.    on   February        9,  2018     and    would      respectfully        ask   for   Court

                         permission to make the said supplement                              follows:

                                  Defendants          failure     to  file   a  responsive        pleading       to   Plaintiff’s
                                                          1     Supplement to Plaintiff’s Motion for Default Judgment
              1          Verified Second-Amended Complaint before the expiration date on De-

              2          cember       29,   2017     under     Docket      Control      Order     issued     on   October       13,

              3          2017 “equates to an admission to all facts properly pleaded in plain-

              4          tiff’s petition, … as well as a waiver of any affirmative defenses.                                Gard-

              5          ner v. U.S. Imaging, 274 S.W.3d 669, 671 (Tex. 2008)”. (Plaintiff’s Mo-

              6          tion for Default Judgment for Defendants’ Failure to Answer before Judg-

              7          ment, page 5, line 6).

              8
              9          Dated: Saturday February 10, 2018                                       S. Emanuel Lin
            10                                                                             3527 Woodvalley Dr.
            11                                                                          Houston, TX 77025-4232
            12                                                                                   (713) 858-2462
            13                                                                          LinEmanuel@gmail.com

            14                                            Proof of Electronic Service
            15
            16                    I hereby certify under penalty of perjury                        under the laws of the
            17           State of Texas that on February 10, 2018 I served an electronic copy of
            18           Supplement to Plaintiff’s Opposition to Defendants’ Traditional and No-
            19           Evidence Motions for Summary Judgment on Plaintiff’s Direct Negligence
            20           Claims     and    Gross     Negligence      Claims      against     Robert     Floyd    Sue    Trucking
            21           upon the       following       via   eFileTexas,       the Court’s electronic             filing    man-
            22           ager, pursuant to Texas Rules of Civil Procedure Rule 21(f)(3):
            23                        Mr.   David     Helmey,        attorney      of   record     for   Defendants
            24                         Estate of Kenneth James Wilchenski and                           Robert Floyd
            25                         Sue Trucking, Inc. at david@fuentesfirm.com.

            26
            27           Dated: Saturday February 10, 2018                                       S. Emanuel Lin

                                              2  Supplement to Plaintiff’s Opposition to MSJ on No Negligence