Preview
FILED
7/14/2022 6:44 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Terri Kilgore DEPUTY
CAUSE NO. DC-21-14068
GAMCO PROPERTIES, LLC, § 1N THE DISTRICT COURT
GAMVEST, LP and LESA GAMBLE, §
§
Plaintiffs, §
§
v. § DALLAS COUNTY, TEXAS
§
WHAM TECH, INC. and WHAM §
TECHNOLOGIES, 1NC., §
§
Defendants. § 134TH IUDICIAL DISTRICT
AGREED MOTION
FOR CONTINUANCE AND
ENTRY OF AMENDED AGREED SCHEDULING ORDER
Pursuant to Texas Rule of Civil Procedure 251, the Partiesl file this Agreed Motion for
Continuance and Entry of Amended Agreed Scheduling Order. In support, the Parties would show:
I.
1. This case is currently set for trial on November 7, 2022. The Parties request that trial
be continued to May 22, 2023—subj ect to the Court’s availability.
2. This continuance is requested to accommodate the schedules of the Parties, as well as
to allow the Parties to accomplish certain pretrial matters, including (but not limited to) engaging in
additional party/nonparty discovery, retaining experts, and otherwise preparing for trial. To this end,
the Parties respectfully request a trial continuance so they may more-thoroughly investigate the
claims and matters at issue and prepare for trial.
3. At this time, the Parties believe that a continuance to May 22, 2023 will afford
sufficient time to conclude party/nonparty discovery, retain experts, participate in mediation or other
1
As used herein, the “Parties” shall mean and refer to Plaintiffs Gamco Properties,
LLC, Gamvest, LP, and Lesa Gamble
and Defendants Wham Tech, Inc. and Wham Technologies, Inc., collectively.
AGREED MOTION FOR CONTINUANCE AND
ENTRY OF AMENDED AGREED SCHEDULING ORDER — Page 1
settlement negotiations (thus, potentially rendering trial unnecessary), and/or to otherwise prepare
for trial if the matter is not amicably resolved.
4. This case has not been on file for a year, and this is the Parties’ first motion for
continuance. The Parties do not seek this continuance for the purpose of delay. Instead, the Parties
seek additional time to complete discovery and adequately prepare for trial. As such, there is good
cause for this continuance, and the Parties respectfully request that the Court: (1) continue the current
trial setting and (2) enter the proposed Amended Agreed Scheduling Order submitted alongside this
Motion.
II.
WHEREFORE the Parties respectfully request that the Court continue the current trial
setting, enter the proposed Amended Agreed Scheduling Order submitted alongside this Motion, and
grant to the Parties all other relief to which they are entitled at law or in equity.
Respectfully submitted,
KESSLER & COLLINS,
A Professional Corporation
By: /s/ Daniel P. Callahan
DANIEL P. CALLAHAN
State Bar No. 03648700
STEPHEN J. HUSCHKA
State Bar No. 24097861
dpc@kesslercollins.com
SHuschka@kesslercollins.com
500 North Akard Street, Suite 3700
Dallas, Texas 75201
214.379.0722 Telephone
214.373.4714 Facsimile
A TTORNE YS FOR PLAINTIFFS
AGREED MOTION FOR CONTINUANCE AND
ENTRY OF AMENDED AGREED SCHEDULING ORDER — Page 2
Respectfully submitted,
MUNSCH HARDT KOPF & HARR, P.C.
By: /s/ Dennis L. Roossien (with permission)
Dennis L. Roossien
State Bar No. 00784873
500 North Akard Street, Suite 3800
Dallas, Texas 75201
(214) 855 -7500 (telephone)
(214) 855 -7584 (facsimile)
droossien@munsch.com
A TTORNE Y FOR DEFENDANTS
CERTIFICATE OF SERVICE
I certify that a true copy of the foregoing was served through the EFile Texas electronic filing
system on the 14th day of July 2022 upon all counsel of record in accordance with the Texas Rules
of Civil Procedure.
/s/ Stephen J. Huschka
STEPHEN J. HUSCHKA
AGREED MOTION FOR CONTINUANCE AND
ENTRY OF AMENDED AGREED SCHEDULING ORDER — Page 3
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.
Deborah Nyarangi on behalf of Daniel Callahan
Bar No. 03648700
dnyarangi@kesslercollins.com
Envelope ID: 66344178
Status as of 7/15/2022 11:49 AM CST
Associated Case Party: WHAM TECH, INC.
Name BarNumber Email TimestampSubmitted Status
Dennis Roossien droossien@munsch.com 7/14/2022 6:44:01 PM SENT
Lisa Garrett lgarrett@munsch.com 7/14/2022 6:44:01 PM SENT
Sharon BLACKSTOCK sblackstock@munsch.com 7/14/2022 6:44:01 PM SENT
Dennis L.Roossien droossien@munsch.com 7/14/2022 6:44:01 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Daniel P. Callahan 3648700 dpc@kesslercollins.com 7/14/2022 6:44:01 PM SENT
Francine Ly fly@dallascourts.org 7/14/2022 6:44:01 PM SENT
Gaile Willard gwillard@kesslercollins.com 7/14/2022 6:44:01 PM SENT
Preview
FILED 7/14/2022 6:44 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Terri Kilgore DEPUTY CAUSE NO. DC-21-14068 GAMCO PROPERTIES, LLC, § 1N THE DISTRICT COURT GAMVEST, LP and LESA GAMBLE, § § Plaintiffs, § § v. § DALLAS COUNTY, TEXAS § WHAM TECH, INC. and WHAM § TECHNOLOGIES, 1NC., § § Defendants. § 134TH IUDICIAL DISTRICT AGREED MOTION FOR CONTINUANCE AND ENTRY OF AMENDED AGREED SCHEDULING ORDER Pursuant to Texas Rule of Civil Procedure 251, the Partiesl file this Agreed Motion for Continuance and Entry of Amended Agreed Scheduling Order. In support, the Parties would show: I. 1. This case is currently set for trial on November 7, 2022. The Parties request that trial be continued to May 22, 2023—subj ect to the Court’s availability. 2. This continuance is requested to accommodate the schedules of the Parties, as well as to allow the Parties to accomplish certain pretrial matters, including (but not limited to) engaging in additional party/nonparty discovery, retaining experts, and otherwise preparing for trial. To this end, the Parties respectfully request a trial continuance so they may more-thoroughly investigate the claims and matters at issue and prepare for trial. 3. At this time, the Parties believe that a continuance to May 22, 2023 will afford sufficient time to conclude party/nonparty discovery, retain experts, participate in mediation or other 1 As used herein, the “Parties” shall mean and refer to Plaintiffs Gamco Properties, LLC, Gamvest, LP, and Lesa Gamble and Defendants Wham Tech, Inc. and Wham Technologies, Inc., collectively. AGREED MOTION FOR CONTINUANCE AND ENTRY OF AMENDED AGREED SCHEDULING ORDER — Page 1 settlement negotiations (thus, potentially rendering trial unnecessary), and/or to otherwise prepare for trial if the matter is not amicably resolved. 4. This case has not been on file for a year, and this is the Parties’ first motion for continuance. The Parties do not seek this continuance for the purpose of delay. Instead, the Parties seek additional time to complete discovery and adequately prepare for trial. As such, there is good cause for this continuance, and the Parties respectfully request that the Court: (1) continue the current trial setting and (2) enter the proposed Amended Agreed Scheduling Order submitted alongside this Motion. II. WHEREFORE the Parties respectfully request that the Court continue the current trial setting, enter the proposed Amended Agreed Scheduling Order submitted alongside this Motion, and grant to the Parties all other relief to which they are entitled at law or in equity. Respectfully submitted, KESSLER & COLLINS, A Professional Corporation By: /s/ Daniel P. Callahan DANIEL P. CALLAHAN State Bar No. 03648700 STEPHEN J. HUSCHKA State Bar No. 24097861 dpc@kesslercollins.com SHuschka@kesslercollins.com 500 North Akard Street, Suite 3700 Dallas, Texas 75201 214.379.0722 Telephone 214.373.4714 Facsimile A TTORNE YS FOR PLAINTIFFS AGREED MOTION FOR CONTINUANCE AND ENTRY OF AMENDED AGREED SCHEDULING ORDER — Page 2 Respectfully submitted, MUNSCH HARDT KOPF & HARR, P.C. By: /s/ Dennis L. Roossien (with permission) Dennis L. Roossien State Bar No. 00784873 500 North Akard Street, Suite 3800 Dallas, Texas 75201 (214) 855 -7500 (telephone) (214) 855 -7584 (facsimile) droossien@munsch.com A TTORNE Y FOR DEFENDANTS CERTIFICATE OF SERVICE I certify that a true copy of the foregoing was served through the EFile Texas electronic filing system on the 14th day of July 2022 upon all counsel of record in accordance with the Texas Rules of Civil Procedure. /s/ Stephen J. Huschka STEPHEN J. HUSCHKA AGREED MOTION FOR CONTINUANCE AND ENTRY OF AMENDED AGREED SCHEDULING ORDER — Page 3 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. Deborah Nyarangi on behalf of Daniel Callahan Bar No. 03648700 dnyarangi@kesslercollins.com Envelope ID: 66344178 Status as of 7/15/2022 11:49 AM CST Associated Case Party: WHAM TECH, INC. Name BarNumber Email TimestampSubmitted Status Dennis Roossien droossien@munsch.com 7/14/2022 6:44:01 PM SENT Lisa Garrett lgarrett@munsch.com 7/14/2022 6:44:01 PM SENT Sharon BLACKSTOCK sblackstock@munsch.com 7/14/2022 6:44:01 PM SENT Dennis L.Roossien droossien@munsch.com 7/14/2022 6:44:01 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Daniel P. Callahan 3648700 dpc@kesslercollins.com 7/14/2022 6:44:01 PM SENT Francine Ly fly@dallascourts.org 7/14/2022 6:44:01 PM SENT Gaile Willard gwillard@kesslercollins.com 7/14/2022 6:44:01 PM SENT