On October 18, 2019 a
Stipulation,Agreement
was filed
involving a dispute between
Brown, Rodney,
and
Bautista, Irma,
Bautista, Reynaldo,
for MOTOR VEHICLE ACCIDENT
in the District Court of Dallas County.
Preview
FILED
10/5/2022 12:09 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Treva Parker-Ayodele DEPUTY
CAUSE NO. DC-l9-16913
RODNEY BROWN, § IN THE DISTRICT COURT
Plaintiff, §
§
V. § DALLAS COUNTY, TEXAS
§
REYNALDO BAUTISTA ET AL §
Defendant. § 116T“ JUDICIAL DISTRICT
PLAINTIFF’S AGREED MOTION FOR CONTINUAN CE
TO THE HONORABLE JUDGE OF SAID COURT:
Plaintiff Rodney Brown, files this, his Agreed Motion for Continuance, and in support of
same would respectfully show the Court as follows.
I. FACTS
1. This case is currently set for a jury trial on October 10, 2022.
2. A11 parties agree to this continuance.
3. Plaintiff s counsel, Walker Duke, had a death in the family on October 3, 2022. The
funeral is scheduled for October 11, 2022 and will require out-of-town travel to South Texas. Mr.
Duke is supposed to serve as a pallbearer at the funeral.
4. The parties have completed discovery and mediation. The parties request a
continuance of 9O days to prepare for trial and to allow Plaintiff’s counsel to attend the fimeral.
5. Pursuant to Dallas County Local Rule 3.01(b), Plaintiff has been advised of the
requested continuance and is in agreement. See Exhibit 1.
6. This continuance is not requested for purposes of delay, but so that justice may be
done. The granting of this continuance will not prejudice any party.
PLAINTIFF’S AGREED MOTION FOR CONTINUANCE
CAUSE NO. DC-l9—16913 Page -1
II. REQUEST FOR CONTINUAN CE
7. Plaintiff respectfully requests a continuance of the October 10, 2022 trial setting for
not less than 90 days.
HI. CONCLUSION
Plaintiffrespectfiilly requests that the continuance of the October 10, 2022 trial setting sought
herein be granted Without the need for a hearing, and that this case be continued to a new trial setting
not sooner than 9O days later. Plaintiff also respectfully requests such other and further relief, at law
or in equity, to which they may be justly entitled.
Respectfully submitted,
DUKE SETH, PLLC
/s/ Walker M. Duke
WALKER M. DUKE
Texas Bar No. 24036505
wduke@dukeseth.com
325 N. St. Paul Street
Suite 2220
Dallas, Texas 75201
(214) 965 -8 100 Telephone
(214) 965-8101 Facsimile
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF CONFERENCE
I hereby certify that the matters brought forth in this Motion have been discussed with
counsel for Defendants, and counsel for Defendants agreed to the relief sought herein.
/s/ Walker M. Duke
WALKER M. DUKE
PLAINTIFF’S AGREED MOTION FOR CONTINUANCE
CAUSE N0. DC-l9—16913 Page - 2
CERTIFICATE OF SERVICE
I hereby certify that on the 5TH day of October, 2022, a true and correct copy of the foregoing
document has been served in compliance with the Texas Rules of Civil Procedure to the following:
Kila Bobier
Chavez Legal Group
11900 N. 26‘“ Street, Ste. 200
Edinberg, Texas 78539
/s/ Walker M. Duke
WALKER M. DUKE
PLAINTIFF’S AGREED MOTION FOR CONTINUANCE
CAUSE N0. DC-l9-16913 Page - 3
From:
To: Walkgr Dgkg
Subject: Re: Continuance of Trial
Date: Tuesday, October 4, 2022 12:15:44 PM
I do agree Rodney brown
On Tue, Oct 4, 2022, 10:30 AM Walker Duke wrote:
'
Rodney,
,
To follow up on our conversation this afternoon, we will be requesting a continuance of the
October 10, 2022 trial setting due to a death in my family and having to travel out of town
next week for the funeral (I am supposed to be a pallbearer).
i
Please respond “Agreed” to
confirm your agreement of this continuance as we discussed on the phone. Thanks.
Walker M. Duke
Duke Seth, PLLC
325 N. St. Paul Street
‘
Suite 2220
Dallas, Texas 75201
(214) 965-8100 - Telephone
I
(214) 965-8101 - Fax
khm
The information contained in this message may be attomey-privileged and confidential and is intended only for the use of
the individual or entity named above. If the reader of this message is not the intended recipient, please be advised that you
may not forward, copy or deliver this message to anyone or disclose its contents to any other person. To do so could violate
state and Federal privacy laws. If you have received this correspondence in error, please destroy this message and kindly
notify the sender by reply email. Thank you for your cooperation.
Although this email and any attachments are believed to be fiee of any virus or other defect that might affect any computer
system into which it is received or opened, it is the responsibility of the recipient to ensure that it is virus flee and no
responsibility is accepted by Duke Seth, P.L.L.C. for any damage or loss arising in any way from its use.
EXHIBIT
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.
Melissa Duke on behalf of Gagandeep Seth
Bar No. 24062441
mduke@dukeseth.com
Envelope ID: 68922669
Status as of 10/5/2022 3:07 PM CST
Associated Case Party: RODNEY BROWN
Name BarNumber Email TimestampSubmitted Status
Melissa Duke mduke@dukeseth.com 10/5/2022 12:09:16 PM SENT
Gagandeep K. Seth gkseth@dukeseth.com 10/5/2022 12:09:16 PM SENT
Maureen Gehring mgehring@dukeseth.com 10/5/2022 12:09:16 PM SENT
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.
Melissa Duke on behalf of Gagandeep Seth
Bar No. 24062441
mduke@dukeseth.com
Envelope ID: 68922669
Status as of 10/5/2022 3:07 PM CST
Associated Case Party: REYNALDO BAUTISTA
Name BarNumber Email TimestampSubmitted Status
Fernando Martinez 24070934 dallashc@progressive.com 10/5/2022 12:09:16 PM SENT
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.
Melissa Duke on behalf of Gagandeep Seth
Bar No. 24062441
mduke@dukeseth.com
Envelope ID: 68922669
Status as of 10/5/2022 3:07 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
WALKER M DUKE wduke@dukeseth.com 10/5/2022 12:09:16 PM SENT
Kila L.Bobier bobier@chavezlegalgroup.com 10/5/2022 12:09:16 PM SENT
Maria Salaices msalaices@dukeseth.com 10/5/2022 12:09:16 PM SENT
Document Filed Date
October 05, 2022
Case Filing Date
October 18, 2019
Category
MOTOR VEHICLE ACCIDENT
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FILED 10/5/2022 12:09 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Treva Parker-Ayodele DEPUTY CAUSE NO. DC-l9-16913 RODNEY BROWN, § IN THE DISTRICT COURT Plaintiff, § § V. § DALLAS COUNTY, TEXAS § REYNALDO BAUTISTA ET AL § Defendant. § 116T“ JUDICIAL DISTRICT PLAINTIFF’S AGREED MOTION FOR CONTINUAN CE TO THE HONORABLE JUDGE OF SAID COURT: Plaintiff Rodney Brown, files this, his Agreed Motion for Continuance, and in support of same would respectfully show the Court as follows. I. FACTS 1. This case is currently set for a jury trial on October 10, 2022. 2. A11 parties agree to this continuance. 3. Plaintiff s counsel, Walker Duke, had a death in the family on October 3, 2022. The funeral is scheduled for October 11, 2022 and will require out-of-town travel to South Texas. Mr. Duke is supposed to serve as a pallbearer at the funeral. 4. The parties have completed discovery and mediation. The parties request a continuance of 9O days to prepare for trial and to allow Plaintiff’s counsel to attend the fimeral. 5. Pursuant to Dallas County Local Rule 3.01(b), Plaintiff has been advised of the requested continuance and is in agreement. See Exhibit 1. 6. This continuance is not requested for purposes of delay, but so that justice may be done. The granting of this continuance will not prejudice any party. PLAINTIFF’S AGREED MOTION FOR CONTINUANCE CAUSE NO. DC-l9—16913 Page -1 II. REQUEST FOR CONTINUAN CE 7. Plaintiff respectfully requests a continuance of the October 10, 2022 trial setting for not less than 90 days. HI. CONCLUSION Plaintiffrespectfiilly requests that the continuance of the October 10, 2022 trial setting sought herein be granted Without the need for a hearing, and that this case be continued to a new trial setting not sooner than 9O days later. Plaintiff also respectfully requests such other and further relief, at law or in equity, to which they may be justly entitled. Respectfully submitted, DUKE SETH, PLLC /s/ Walker M. Duke WALKER M. DUKE Texas Bar No. 24036505 wduke@dukeseth.com 325 N. St. Paul Street Suite 2220 Dallas, Texas 75201 (214) 965 -8 100 Telephone (214) 965-8101 Facsimile ATTORNEYS FOR PLAINTIFF CERTIFICATE OF CONFERENCE I hereby certify that the matters brought forth in this Motion have been discussed with counsel for Defendants, and counsel for Defendants agreed to the relief sought herein. /s/ Walker M. Duke WALKER M. DUKE PLAINTIFF’S AGREED MOTION FOR CONTINUANCE CAUSE N0. DC-l9—16913 Page - 2 CERTIFICATE OF SERVICE I hereby certify that on the 5TH day of October, 2022, a true and correct copy of the foregoing document has been served in compliance with the Texas Rules of Civil Procedure to the following: Kila Bobier Chavez Legal Group 11900 N. 26‘“ Street, Ste. 200 Edinberg, Texas 78539 /s/ Walker M. Duke WALKER M. DUKE PLAINTIFF’S AGREED MOTION FOR CONTINUANCE CAUSE N0. DC-l9-16913 Page - 3 From: To: Walkgr Dgkg Subject: Re: Continuance of Trial Date: Tuesday, October 4, 2022 12:15:44 PM I do agree Rodney brown On Tue, Oct 4, 2022, 10:30 AM Walker Duke wrote: ' Rodney, , To follow up on our conversation this afternoon, we will be requesting a continuance of the October 10, 2022 trial setting due to a death in my family and having to travel out of town next week for the funeral (I am supposed to be a pallbearer). i Please respond “Agreed” to confirm your agreement of this continuance as we discussed on the phone. Thanks. Walker M. Duke Duke Seth, PLLC 325 N. St. Paul Street ‘ Suite 2220 Dallas, Texas 75201 (214) 965-8100 - Telephone I (214) 965-8101 - Fax khm The information contained in this message may be attomey-privileged and confidential and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, please be advised that you may not forward, copy or deliver this message to anyone or disclose its contents to any other person. To do so could violate state and Federal privacy laws. If you have received this correspondence in error, please destroy this message and kindly notify the sender by reply email. Thank you for your cooperation. Although this email and any attachments are believed to be fiee of any virus or other defect that might affect any computer system into which it is received or opened, it is the responsibility of the recipient to ensure that it is virus flee and no responsibility is accepted by Duke Seth, P.L.L.C. for any damage or loss arising in any way from its use. EXHIBIT 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. Melissa Duke on behalf of Gagandeep Seth Bar No. 24062441 mduke@dukeseth.com Envelope ID: 68922669 Status as of 10/5/2022 3:07 PM CST Associated Case Party: RODNEY BROWN Name BarNumber Email TimestampSubmitted Status Melissa Duke mduke@dukeseth.com 10/5/2022 12:09:16 PM SENT Gagandeep K. Seth gkseth@dukeseth.com 10/5/2022 12:09:16 PM SENT Maureen Gehring mgehring@dukeseth.com 10/5/2022 12:09:16 PM SENT 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. Melissa Duke on behalf of Gagandeep Seth Bar No. 24062441 mduke@dukeseth.com Envelope ID: 68922669 Status as of 10/5/2022 3:07 PM CST Associated Case Party: REYNALDO BAUTISTA Name BarNumber Email TimestampSubmitted Status Fernando Martinez 24070934 dallashc@progressive.com 10/5/2022 12:09:16 PM SENT 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. Melissa Duke on behalf of Gagandeep Seth Bar No. 24062441 mduke@dukeseth.com Envelope ID: 68922669 Status as of 10/5/2022 3:07 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status WALKER M DUKE wduke@dukeseth.com 10/5/2022 12:09:16 PM SENT Kila L.Bobier bobier@chavezlegalgroup.com 10/5/2022 12:09:16 PM SENT Maria Salaices msalaices@dukeseth.com 10/5/2022 12:09:16 PM SENT