On December 14, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
115 Management, Inc.,
and
Doe 1, John,
Doe, John, Ii,
Doe, John, Iii,
Doe, John, Iv,
Kestler, Ryon Scott,
Medicalusa Supply, Llc,
for OTHER (CIVIL)
in the District Court of Dallas County.
Preview
FILED
7/6/2022 4:21PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Terri Kilgore DEPUTY
NO. DC-20-18383
115 MANAGEMENT, INC. § IN THE DISTRICT COURT
§
Plainnflfi §
§
§
vs. § DALLAS COUNTY, TEXAS
§
MEDICALUSA SUPPLY, LLC AND §
RYON SCOTT KESTLER, §
INDIVIDUALLY, §
Defendants §
§
vs. §
§
NEXUS MEDICAL, LLC; AARON §
CAIN MCKNIGHT, individually, DAVID §
SCHILLER, individually, DERRICK §
ARMSTRONG, individually, AND §
CONTROLLED ELEMENTS §
SANITARY SOLUTIONS, LLC §
Third-Party Defendants. § 134TH DISTRICT COURT
AGREED MOTION FOR CONTINUANCE
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW Third-Party Defendants Nexus Medical, LLC and David Schiller,
(collectively “Third-Party Defendants”) and file this their first motion for continuance and would
respectfully show the Court the following:
l. This case is presently set for trial on July ll, 2022.
2. The only parties remaining in this case are as follows:
o Third-Party Defendant Nexus Medical, LLC, represented by the
undersigned attorney;
o Third-Party Defendant David Schiller, represented by the undersigned
attorney;
o Third Party Plaintiff (defendant in original suit), MedicalUSA Supply, LLC,
represented by Jason Lee Van Dyke;
o Third Party Plaintiff (defendant in original suit), Ryon Scott Kestler,
represented by Jason Lee Van Dyke; and
o Intervenor, Daniel Hoang, represented by the Vethan Law Firm, PC.
All other claims as to other parties to this suit were dismissed by Virtue of an order
signed by the Court on March 14, 2022.
3. Counsel for Third-Party Defendants Nexus Medical, LLC and David Schiller has
tested positive for the COVID-19 Virus on four out of four COVID tests administered between
June 24, 2022 and June 30, 2022 (at which point he ran out of COVID tests). Currently, Counsel
continues to spend about 18-20 hours per day in bed or on the couch due to extreme fatigue and
muscle cramps. The mere act of sitting at a desk continues to induce a cold sweat and is exhausting.
Counsel has been unable to do any substantive work for the past two weeks other than taking
measures to reset hearings and mediations that were scheduled over the past two weeks.
4. Counsel has been unable to meet with his client or otherwise prepare for trial in this
matter. Further, absent marked improvement, counsel will not be physically able to sit through a
trial and meaningfully participate.
5. Additionally, this case is presently set for mediation on July 18, 2022 between
MedicalUSA, Kestler, and Hoang, all of whom have expressed that they have no objection to (a)
the granting of this motion and (b) Defendants Schiller and Nexus participating in the mediation.
6. As such, counsel seeks a continuance so that he may be recover before the trial date.
Furthermore, in light of the scheduled mediation, there is a reasonable chance that this case can be
settled without the necessity for trial.
7. This continuance is not sought solely for delay but that justice may be done.
Defendants Nexus Medical, LLC and David Schiller pray that the Court grant the Motion
for Continuance.
Respectfully submitted,
Law Office of Craig Jackson, PLLC
1701 W. Northwest Hwy., Suite 100
Grapevine, Texas 76051
Tel: (817) 873-3525
Fax: (972) 668-0237
By:/s/ Craig Jackson
Craig Jackson
State Bar No. 00797925
craig@cjlawoffice.com
Attorney for Nexus Medical, LLC, and David
Schiller
CERTIFICATE OF CONFERENCE
I, Craig Jackson, certify that I conferred with all counsel for the parties to this suit July 6,
2022, and allwere unopposed to the granting of this motion.
/s/ Craig Jackson
Craig Jackson
CERTIFICATE OF SERVICE
I, Craig Jackson, certify that a copy of the foregoing was served on all counsel of record
by electronic service on July 6, 2022.
/s/ Craig Jackson
Craig Jackson
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Craig Jackson on behalf of Craig Jackson
Bar No. 797925
craig@cjlawoffice.com
Envelope ID: 66074875
Status as of 7/7/2022 8:19 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Charles Marcellus Vethan 791852 edocs@vwtexlaw.com 7/6/2022 4:21 :34 PM SENT
Cameron Weir edocs@vwtexlaw.com 7/6/2022 4:21:34 PM SENT
Jason LeeVan Dyke jason@marsalalawgroup.com 7/6/2022 4:21:34 PM SENT
Associated Case Party: DANIEL HOANG
Name BarNumber Email TimestampSubmitted Status
The Vethan Law Firm edocs@vwtexlaw.com 7/6/2022 4:21 :34 PM SENT
Preview
FILED 7/6/2022 4:21PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Terri Kilgore DEPUTY NO. DC-20-18383 115 MANAGEMENT, INC. § IN THE DISTRICT COURT § Plainnflfi § § § vs. § DALLAS COUNTY, TEXAS § MEDICALUSA SUPPLY, LLC AND § RYON SCOTT KESTLER, § INDIVIDUALLY, § Defendants § § vs. § § NEXUS MEDICAL, LLC; AARON § CAIN MCKNIGHT, individually, DAVID § SCHILLER, individually, DERRICK § ARMSTRONG, individually, AND § CONTROLLED ELEMENTS § SANITARY SOLUTIONS, LLC § Third-Party Defendants. § 134TH DISTRICT COURT AGREED MOTION FOR CONTINUANCE TO THE HONORABLE JUDGE OF SAID COURT: COME NOW Third-Party Defendants Nexus Medical, LLC and David Schiller, (collectively “Third-Party Defendants”) and file this their first motion for continuance and would respectfully show the Court the following: l. This case is presently set for trial on July ll, 2022. 2. The only parties remaining in this case are as follows: o Third-Party Defendant Nexus Medical, LLC, represented by the undersigned attorney; o Third-Party Defendant David Schiller, represented by the undersigned attorney; o Third Party Plaintiff (defendant in original suit), MedicalUSA Supply, LLC, represented by Jason Lee Van Dyke; o Third Party Plaintiff (defendant in original suit), Ryon Scott Kestler, represented by Jason Lee Van Dyke; and o Intervenor, Daniel Hoang, represented by the Vethan Law Firm, PC. All other claims as to other parties to this suit were dismissed by Virtue of an order signed by the Court on March 14, 2022. 3. Counsel for Third-Party Defendants Nexus Medical, LLC and David Schiller has tested positive for the COVID-19 Virus on four out of four COVID tests administered between June 24, 2022 and June 30, 2022 (at which point he ran out of COVID tests). Currently, Counsel continues to spend about 18-20 hours per day in bed or on the couch due to extreme fatigue and muscle cramps. The mere act of sitting at a desk continues to induce a cold sweat and is exhausting. Counsel has been unable to do any substantive work for the past two weeks other than taking measures to reset hearings and mediations that were scheduled over the past two weeks. 4. Counsel has been unable to meet with his client or otherwise prepare for trial in this matter. Further, absent marked improvement, counsel will not be physically able to sit through a trial and meaningfully participate. 5. Additionally, this case is presently set for mediation on July 18, 2022 between MedicalUSA, Kestler, and Hoang, all of whom have expressed that they have no objection to (a) the granting of this motion and (b) Defendants Schiller and Nexus participating in the mediation. 6. As such, counsel seeks a continuance so that he may be recover before the trial date. Furthermore, in light of the scheduled mediation, there is a reasonable chance that this case can be settled without the necessity for trial. 7. This continuance is not sought solely for delay but that justice may be done. Defendants Nexus Medical, LLC and David Schiller pray that the Court grant the Motion for Continuance. Respectfully submitted, Law Office of Craig Jackson, PLLC 1701 W. Northwest Hwy., Suite 100 Grapevine, Texas 76051 Tel: (817) 873-3525 Fax: (972) 668-0237 By:/s/ Craig Jackson Craig Jackson State Bar No. 00797925 craig@cjlawoffice.com Attorney for Nexus Medical, LLC, and David Schiller CERTIFICATE OF CONFERENCE I, Craig Jackson, certify that I conferred with all counsel for the parties to this suit July 6, 2022, and allwere unopposed to the granting of this motion. /s/ Craig Jackson Craig Jackson CERTIFICATE OF SERVICE I, Craig Jackson, certify that a copy of the foregoing was served on all counsel of record by electronic service on July 6, 2022. /s/ Craig Jackson Craig Jackson Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Craig Jackson on behalf of Craig Jackson Bar No. 797925 craig@cjlawoffice.com Envelope ID: 66074875 Status as of 7/7/2022 8:19 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Charles Marcellus Vethan 791852 edocs@vwtexlaw.com 7/6/2022 4:21 :34 PM SENT Cameron Weir edocs@vwtexlaw.com 7/6/2022 4:21:34 PM SENT Jason LeeVan Dyke jason@marsalalawgroup.com 7/6/2022 4:21:34 PM SENT Associated Case Party: DANIEL HOANG Name BarNumber Email TimestampSubmitted Status The Vethan Law Firm edocs@vwtexlaw.com 7/6/2022 4:21 :34 PM SENT