Preview
12/6/2018 4:34 PM
Velva L. Price
District Clerk
Travis County
CAUSE NO. D-1-GN-17-005300 D-1-GN-17-005300
Irene Silva
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ROARK & HARDEE, LP, § IN THE DISTRICT COURT OF
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ROARK & HARDEE GP, INC., §
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RONNIE ROARK, and §
RRPL FAMILY PROPERTIES LTD 3, §
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Plaintiffs, §
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v. § TRAVIS COUNTY, TEXAS
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WILLIAM HARDEE, HARDEE §
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FAMILY PROPERTIES, LTD, and §
HARDEE FAMILY MANAGEMENT, §
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INC., §
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Defendants. § 53RD JUDICIAL DISTRICT
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PLAINTIFFS’ MOTION FOR CONTINUANCE
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Pursuant to TEX. R. CIV. P. 247, Plaintiffs Roark & Hardee, LP, Roark & Hardee GP,
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Inc., Ronnie Roark, and RRPL Family Properties Ltd 3 (“Plaintiffs”) hereby file their
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Motion for Continuance (the “Motion”) in the above-captioned matter, and in support
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thereof would respectfully show as follows:
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1. Plaintiffs’ counsel substituted into this matter on October 26, 2018. This
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lawsuit is currently set for a jury trial beginning on Monday, January 28, 2019. The parties
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agreed to work toward the current trial date on the belief that Defense counsel’s office
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was working to provide a complete set of document production. Several weeks later,
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Plaintiffs’ counsel discovered that there has been no Bates-labeled document production
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in this cause. Plaintiffs cannot prepare for trial without an adequate opportunity to
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review the documents that were exchanged in this case among prior counsel.
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2. Additionally, Plaintiffs’ expert report will not be completed before mid-
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December. That expert report was necessitated by Defendants’ crossclaim for accounting
PLAINTIFFS’ MOTION FOR CONTINUANCE PAGE 1 OF 3
and appointment of a receiver. Plaintiffs expressly advised Defendants that their ability
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to prepare for the January 2019 date was expressly contingent on their expert’s ability to
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prepare his report before December 1, 2018. That is simply not possible, for a variety of
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reasons. To give the parties adequate time to conduct the expert discovery to which they
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are entitled, a modest continuance of the trial date is appropriate. Plaintiffs therefore
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propose continuing the trial date until February 25, April 8, May 6, May 20, or June 3,
2019.
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3. Finally, Plaintiff Mr. Roark has recently experienced a health setback that
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makes the requested continuance even more prudent. Counsel for Plaintiffs has advised
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counsel for Defendants of this setback.
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4. The parties have been in discussion about this matter and a possible
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continuance for the past month. The requested continuance therefore does not unfairly
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surprise or prejudice Defendants. This continuance is not sought for delay only, but so
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that justice may be done. In support of this Motion for Continuance, an executed
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verification is attached hereto as Exhibit A.
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PRAYER FOR RELIEF
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WHEREFORE, PREMISES CONSIDERED, Plaintiffs request that the Court grant
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this Motion for Continuance and grant any such other and further relief to which they
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may have shown themselves to be justly entitled.
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PLAINTIFFS’ MOTION FOR CONTINUANCE PAGE 2 OF 3
Respectfully submitted,
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RUFFNER SCHOENBAUM PLLC
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By: /s/ Eleanor Ruffner
Eleanor Ruffner
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State Bar No. 24047034
Tanya Robinson
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State Bar No. 24095822
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Lucy Lyford
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State Bar No. 24109491
1603 West 6th Street
Austin, Texas 78703
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(512) 275-6277 (telephone)
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(512) 681-0800 (facsimile)
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Eleanor@RSLawTX.com
Tanya@RSLawTX.com
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Lucy@RSLawTX.com
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ATTORNEYS FOR PLAINTIFFS
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CERTIFICATE OF SERVICE
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I hereby certify that on this the 6th day of December, 2018, a true and correct copy
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of the foregoing document has been delivered via email and/or e-service as follows:
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Charles O. Grigson
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THE LAW OFFICE OF CHARLES O. GRIGSON
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604 W. 12th Street
Austin, Texas 78701
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Email: grigson@flash.net
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Attorney for Defendants William Hardee, Hardee Family Properties, Ltd, and Hardee
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Family Management, Inc.
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/s/ Eleanor Ruffner
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Eleanor Ruffner
PLAINTIFFS’ MOTION FOR CONTINUANCE PAGE 3 OF 3
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EXHIBIT Cl
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DocuSign Envelope ID: C65CC253-6F0F-4168-819D-CDDC2B2DFDC1
CAUSE NO. D-1-GN-17-005300
e
ROARK & HARDEE, LP, § IN THE DISTRICT COURT OF
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ROARK & HARDEE GP, INC., §
Pr
RONNIE ROARK, and §
RRPL FAMILY PROPERTIES LTD 3, §
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Plaintiffs, §
§
a
v. § TRAVIS COUNTY, TEXAS
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§
WILLIAM HARDEE, HARDEE §
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FAMILY PROPERTIES, LTD, and §
HARDEE FAMILY MANAGEMENT, §
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INC., §
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Defendants. § 53RD JUDICIAL DISTRICT
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VERIFICATION
Pursuant to TEX. CIV. PRAC. & REM. CODE Chapter ct 132, Eleanor Ruffner hereby
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makes the following sworn declaration:
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1. My name is Eleanor Ruffner. I am over eighteen years old and am
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competent to make this verification. I am executing this verification in connection with
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the Motion for Continuance (the “Motion”) being filed by Roark & Hardee, LP, Roark &
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Hardee, GP, Inc., Ronnie Roark, and RRPL Family Properties Ltd 3 (collectively,
“Plaintiffs”) in the above-styled litigation. The statements contained herein are within
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my personal knowledge and are true and correct.
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2. I am the attorney of record for Plaintiffs. I have reviewed the Motion. The
facts and statements contained in the Motion are true and correct and within my personal
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knowledge.
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3. My date of birth is September 1, 1978, my address is 6106 Ginita Lane,
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Austin, Texas 78739, United States. I declare under penalty of perjury that the foregoing
is true and correct.
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Executed in Travis County, State of Texas, on the 6th day of December, 2018.
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Further declarant sayeth not.
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____________________________________
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Eleanor Ruffner
VERIFICATION PAGE 1 OF 1
Preview
12/6/2018 4:34 PM Velva L. Price District Clerk Travis County CAUSE NO. D-1-GN-17-005300 D-1-GN-17-005300 Irene Silva e ROARK & HARDEE, LP, § IN THE DISTRICT COURT OF ic ROARK & HARDEE GP, INC., § Pr RONNIE ROARK, and § RRPL FAMILY PROPERTIES LTD 3, § L. Plaintiffs, § § a v. § TRAVIS COUNTY, TEXAS lv § WILLIAM HARDEE, HARDEE § Ve FAMILY PROPERTIES, LTD, and § HARDEE FAMILY MANAGEMENT, § k INC., § er Defendants. § 53RD JUDICIAL DISTRICT Cl PLAINTIFFS’ MOTION FOR CONTINUANCE ct Pursuant to TEX. R. CIV. P. 247, Plaintiffs Roark & Hardee, LP, Roark & Hardee GP, tri is Inc., Ronnie Roark, and RRPL Family Properties Ltd 3 (“Plaintiffs”) hereby file their D Motion for Continuance (the “Motion”) in the above-captioned matter, and in support . Co thereof would respectfully show as follows: is 1. Plaintiffs’ counsel substituted into this matter on October 26, 2018. This av lawsuit is currently set for a jury trial beginning on Monday, January 28, 2019. The parties Tr agreed to work toward the current trial date on the belief that Defense counsel’s office y op was working to provide a complete set of document production. Several weeks later, c Plaintiffs’ counsel discovered that there has been no Bates-labeled document production l ia in this cause. Plaintiffs cannot prepare for trial without an adequate opportunity to fic review the documents that were exchanged in this case among prior counsel. of 2. Additionally, Plaintiffs’ expert report will not be completed before mid- Un December. That expert report was necessitated by Defendants’ crossclaim for accounting PLAINTIFFS’ MOTION FOR CONTINUANCE PAGE 1 OF 3 and appointment of a receiver. Plaintiffs expressly advised Defendants that their ability e to prepare for the January 2019 date was expressly contingent on their expert’s ability to ic Pr prepare his report before December 1, 2018. That is simply not possible, for a variety of L. reasons. To give the parties adequate time to conduct the expert discovery to which they a are entitled, a modest continuance of the trial date is appropriate. Plaintiffs therefore lv Ve propose continuing the trial date until February 25, April 8, May 6, May 20, or June 3, 2019. k er 3. Finally, Plaintiff Mr. Roark has recently experienced a health setback that Cl makes the requested continuance even more prudent. Counsel for Plaintiffs has advised ct tri counsel for Defendants of this setback. is 4. The parties have been in discussion about this matter and a possible D continuance for the past month. The requested continuance therefore does not unfairly . Co surprise or prejudice Defendants. This continuance is not sought for delay only, but so is that justice may be done. In support of this Motion for Continuance, an executed av verification is attached hereto as Exhibit A. Tr PRAYER FOR RELIEF y op WHEREFORE, PREMISES CONSIDERED, Plaintiffs request that the Court grant c this Motion for Continuance and grant any such other and further relief to which they l ia may have shown themselves to be justly entitled. fic of Un PLAINTIFFS’ MOTION FOR CONTINUANCE PAGE 2 OF 3 Respectfully submitted, e RUFFNER SCHOENBAUM PLLC ic Pr By: /s/ Eleanor Ruffner Eleanor Ruffner L. State Bar No. 24047034 Tanya Robinson a State Bar No. 24095822 lv Lucy Lyford Ve State Bar No. 24109491 1603 West 6th Street Austin, Texas 78703 k (512) 275-6277 (telephone) er (512) 681-0800 (facsimile) Cl Eleanor@RSLawTX.com Tanya@RSLawTX.com ct Lucy@RSLawTX.com tri ATTORNEYS FOR PLAINTIFFS D is . Co CERTIFICATE OF SERVICE is I hereby certify that on this the 6th day of December, 2018, a true and correct copy av of the foregoing document has been delivered via email and/or e-service as follows: Tr Charles O. Grigson y THE LAW OFFICE OF CHARLES O. GRIGSON op 604 W. 12th Street Austin, Texas 78701 c Email: grigson@flash.net l ia Attorney for Defendants William Hardee, Hardee Family Properties, Ltd, and Hardee fic Family Management, Inc. of /s/ Eleanor Ruffner Un Eleanor Ruffner PLAINTIFFS’ MOTION FOR CONTINUANCE PAGE 3 OF 3 Un of fic ia l c op y Tr av is Co . D is tri ct EXHIBIT Cl er k A Ve lv a L. Pr ic e DocuSign Envelope ID: C65CC253-6F0F-4168-819D-CDDC2B2DFDC1 CAUSE NO. D-1-GN-17-005300 e ROARK & HARDEE, LP, § IN THE DISTRICT COURT OF ic ROARK & HARDEE GP, INC., § Pr RONNIE ROARK, and § RRPL FAMILY PROPERTIES LTD 3, § L. Plaintiffs, § § a v. § TRAVIS COUNTY, TEXAS lv § WILLIAM HARDEE, HARDEE § Ve FAMILY PROPERTIES, LTD, and § HARDEE FAMILY MANAGEMENT, § k INC., § er Defendants. § 53RD JUDICIAL DISTRICT Cl VERIFICATION Pursuant to TEX. CIV. PRAC. & REM. CODE Chapter ct 132, Eleanor Ruffner hereby tri makes the following sworn declaration: is 1. My name is Eleanor Ruffner. I am over eighteen years old and am D competent to make this verification. I am executing this verification in connection with . the Motion for Continuance (the “Motion”) being filed by Roark & Hardee, LP, Roark & Co Hardee, GP, Inc., Ronnie Roark, and RRPL Family Properties Ltd 3 (collectively, “Plaintiffs”) in the above-styled litigation. The statements contained herein are within is my personal knowledge and are true and correct. av 2. I am the attorney of record for Plaintiffs. I have reviewed the Motion. The facts and statements contained in the Motion are true and correct and within my personal Tr knowledge. y 3. My date of birth is September 1, 1978, my address is 6106 Ginita Lane, op Austin, Texas 78739, United States. I declare under penalty of perjury that the foregoing is true and correct. l c Executed in Travis County, State of Texas, on the 6th day of December, 2018. ia fic Further declarant sayeth not. of ____________________________________ Un Eleanor Ruffner VERIFICATION PAGE 1 OF 1