On August 18, 2017 a
Stipulation,Agreement
was filed
involving a dispute between
Alpha Alliance Group Inc,
Burg, Robert "Bob" R.,
and
Ceres Select Llc,
for CNTR CNSMR COM DEBT
in the District Court of Dallas County.
Preview
FILED
7/5/2022 10:03 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Debra Clark DEPUTY
N0. DC-17-10319
ALPHA ALLIANCE GROUP, INC., § IN THE DISTRICT COURT OF
Plaintiff g
v. g DALLAS COUNTY, TEXAS
CERES SELECT, LLC, g
Defendant g 162ND JUDICIAL DISTRICT
AGREED MOTION FOR CONTINUANCE
AND TO ENTER SCHEDULING ORDER
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Alpha Alliance Group, Inc., (“AAG”), and Ceres Select, LLC
(“Ceres”) files this Agreed Motion for Continuance and, in support thereof, would
respectfully show the Court the following:
I.
SUNINIARY OF MOTION
This case is presently set for trial on July 17, 2022. AAG and Ceres seek a
continuance of this case so that discovery can be completed and settlement explored
before the parties are required to try the case.
AGREED MOTION FOR CONTINUAN CE PAGE — 1
II.
FACTUAL BACKGROUND
The Parties have twice mediated this case and are still continuing to actively
pursue settlement. Nevertheless, the Parties have mutually agreed to a Scheduling Order
with a proposed jury trial date of October 17, 2022. The Parties request that the Court
enter the Agreed Scheduling Order submitted herewith, setting this trial date and setting
other deadlines related to the case.
III.
ARGUMENTS & AUTHORITIES
At this time, AAG and Ceres have only completed written discovery. With one
exception, the parties have not taken depositions; engaged in expert discovery; or fully
explored whether resolving this case without trial is appropriate. AAG and Ceres
agree that all of these tasks must be completed before the parties are ready to try this
case.
If a continuance is not granted, both parties will have to try this case without the
benefit of depositions or expert discovery. Therefore, it is unlikely that the case would be
tried on its actual merits. As evidenced by the signature of all counsel below, both parties
agree that this continuance is due, not solely for delay, but so that justice can be done by
having the case tried on its merits with counsel fillly and completely prepared for same.
The parties have arrived at a proposed Agreed Scheduling Order which is being filed
contemporaneously with this Motion. The parties request that this Agreed Scheduling
Order be entered in this case.
AGREED MOTION FOR CONTINUAN CE PAGE — 2
PRAYER
WHEREFORE, PREMISES CONSIDERED, AAG and Ceres pray that this
case be continued and the Agreed Scheduling Order be entered. The parties also
request that the Court award such other and further relief, at law or in equity, to which
they may be justly entitled.
Respectfully submitted,
MCGOWAN & MCGOWAN, PC
By: Ryan C. GentrV
/s/
Ryan C. Gentry
Ryan@McGowanPC.com
State Bar No. 24067962
119 South 6th Street
Brownfield, Texas 79316
Telephone: (806) 637-7585
ATTORNEYS FOR PLAINTIFF
QUINTAIRos, PRIETo, WOOD & BOYER, P.A.
By: W. Martinelli
/s/ Brent
Brent W. Martinelli
State Bar No. 24037037
Brent.martinelli@qpwblaw.corn
1700 Pacific Avenue, Suite 4545
Dallas, Texas 75201
Telephone: (214) 754-8755
ATTORNEYS FOR DEFENDANT
AGREED MOTION FOR CONTINUAN CE 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.
Ryan Gentry
Bar No. 24067962
ryan@mcgowanpc.com
Envelope ID: 66005933
Status as of 7/5/2022 10:54 AM CST
Associated Case Party: ALPHA ALLIANCE GROUP INC
Name BarNumber Email TimestampSubmitted Status
Thomas R.Stauch tstauch@ns-law.net 7/5/2022 10:03:25 AM SENT
Ryan C.Gentry rgentry@ns-Iaw.net 7/5/2022 10:03:25 AM SENT
Mark C.Roberts ||
mroberts@ns-law.net 7/5/2022 10:03:25 AM SENT
Associated Case Party: CERES SELECT LLC
Name BarNumber Email TimestampSubmitted Status
Brent Martinelli brent.martinelli@qpwblaw.com 7/5/2022 10:03:25 AM SENT
Frank Alvarez frank.alvarez@qpwblaw.com 7/5/2022 10:03:25 AM SENT
Jonathan Smith 24103940 Jonathan.Smith@padgettlawgroup.com 7/5/2022 10:03:25 AM SENT
Christina Rios christina.rios@qpwblaw.com 7/5/2022 10:03:25 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
SACHEEN.ANTHONY@DALLASCOUNTY.ORG 7/5/2022 10:03:25 AM ERROR
Ryan Gentry Ryan@McGowanPC.com 7/5/2022 10:03:25 AM SENT
Document Filed Date
July 05, 2022
Case Filing Date
August 18, 2017
Category
CNTR CNSMR COM DEBT
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED 7/5/2022 10:03 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Debra Clark DEPUTY N0. DC-17-10319 ALPHA ALLIANCE GROUP, INC., § IN THE DISTRICT COURT OF Plaintiff g v. g DALLAS COUNTY, TEXAS CERES SELECT, LLC, g Defendant g 162ND JUDICIAL DISTRICT AGREED MOTION FOR CONTINUANCE AND TO ENTER SCHEDULING ORDER TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Alpha Alliance Group, Inc., (“AAG”), and Ceres Select, LLC (“Ceres”) files this Agreed Motion for Continuance and, in support thereof, would respectfully show the Court the following: I. SUNINIARY OF MOTION This case is presently set for trial on July 17, 2022. AAG and Ceres seek a continuance of this case so that discovery can be completed and settlement explored before the parties are required to try the case. AGREED MOTION FOR CONTINUAN CE PAGE — 1 II. FACTUAL BACKGROUND The Parties have twice mediated this case and are still continuing to actively pursue settlement. Nevertheless, the Parties have mutually agreed to a Scheduling Order with a proposed jury trial date of October 17, 2022. The Parties request that the Court enter the Agreed Scheduling Order submitted herewith, setting this trial date and setting other deadlines related to the case. III. ARGUMENTS & AUTHORITIES At this time, AAG and Ceres have only completed written discovery. With one exception, the parties have not taken depositions; engaged in expert discovery; or fully explored whether resolving this case without trial is appropriate. AAG and Ceres agree that all of these tasks must be completed before the parties are ready to try this case. If a continuance is not granted, both parties will have to try this case without the benefit of depositions or expert discovery. Therefore, it is unlikely that the case would be tried on its actual merits. As evidenced by the signature of all counsel below, both parties agree that this continuance is due, not solely for delay, but so that justice can be done by having the case tried on its merits with counsel fillly and completely prepared for same. The parties have arrived at a proposed Agreed Scheduling Order which is being filed contemporaneously with this Motion. The parties request that this Agreed Scheduling Order be entered in this case. AGREED MOTION FOR CONTINUAN CE PAGE — 2 PRAYER WHEREFORE, PREMISES CONSIDERED, AAG and Ceres pray that this case be continued and the Agreed Scheduling Order be entered. The parties also request that the Court award such other and further relief, at law or in equity, to which they may be justly entitled. Respectfully submitted, MCGOWAN & MCGOWAN, PC By: Ryan C. GentrV /s/ Ryan C. Gentry Ryan@McGowanPC.com State Bar No. 24067962 119 South 6th Street Brownfield, Texas 79316 Telephone: (806) 637-7585 ATTORNEYS FOR PLAINTIFF QUINTAIRos, PRIETo, WOOD & BOYER, P.A. By: W. Martinelli /s/ Brent Brent W. Martinelli State Bar No. 24037037 Brent.martinelli@qpwblaw.corn 1700 Pacific Avenue, Suite 4545 Dallas, Texas 75201 Telephone: (214) 754-8755 ATTORNEYS FOR DEFENDANT AGREED MOTION FOR CONTINUAN CE 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. Ryan Gentry Bar No. 24067962 ryan@mcgowanpc.com Envelope ID: 66005933 Status as of 7/5/2022 10:54 AM CST Associated Case Party: ALPHA ALLIANCE GROUP INC Name BarNumber Email TimestampSubmitted Status Thomas R.Stauch tstauch@ns-law.net 7/5/2022 10:03:25 AM SENT Ryan C.Gentry rgentry@ns-Iaw.net 7/5/2022 10:03:25 AM SENT Mark C.Roberts || mroberts@ns-law.net 7/5/2022 10:03:25 AM SENT Associated Case Party: CERES SELECT LLC Name BarNumber Email TimestampSubmitted Status Brent Martinelli brent.martinelli@qpwblaw.com 7/5/2022 10:03:25 AM SENT Frank Alvarez frank.alvarez@qpwblaw.com 7/5/2022 10:03:25 AM SENT Jonathan Smith 24103940 Jonathan.Smith@padgettlawgroup.com 7/5/2022 10:03:25 AM SENT Christina Rios christina.rios@qpwblaw.com 7/5/2022 10:03:25 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status SACHEEN.ANTHONY@DALLASCOUNTY.ORG 7/5/2022 10:03:25 AM ERROR Ryan Gentry Ryan@McGowanPC.com 7/5/2022 10:03:25 AM SENT