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CAUSE NO. 2015 67886
MARIBEL SILVA and RICK SILVA IN THE DISTRICT COURT
§
Plaintiffs, §
§
§ HARRIS COUNTY, TEXAS
§
ACS FLOORING GROUP, INC. §
§
Defendant. 333RD JUDICIAL DISTRICT
JOINTMOTION FOR CONTINUANCE
AND REQUEST FOR A PREFERENTIAL TRIAL SETTING
PLAINTIFFS, Maribel Silva and Rick Silva, and DEFENDANT, ACS Flooring
Group, Inc., this Joint Motion for Continuance and Request for a Preferential
Trial Setting, and respectfully show:
On or about November 12, 2015, Plaintiffs filed this suit against Defendant
seeking damages for Plaintiffs’ personal injuries caused by Defendant’s negligence.
This Court previously granted the parties’ Joint Motion for Continuance filed
October 30,2018, setting this case for the trial docket beginning April 15, 2019
Defendant’s counsel’s spouse underwent emergency surgery on March 13,
2019, due to an accident that caused traumatic and extensive injuries to both of his
legs. Because his legs are currently immobilized, he requires full time care and
assistance for several months. Defendant’s counsel is the only family member
available to provide the necessary full time care and assistance, along with
transporting her spouse to the hospitalfor frequent medical visits, at this time.
The parties also agree that they need additional time to properly evaluate,
mediate, and potentially litigate this case in light of Plaintiff Maribel Silva cancer
diagnosis in the summer of 2017, which required her to undergo intense medical
OINT OTION FOR ONTINUANCE AND EQUEST FOR REFERENTIAL RIAL ETTING AGE OF
treatment for many months Defendant’s counsel has not had the opportunity to
conduct an Independent Medical Examination of Plaintiff Maribel Silva, and the
parties are in the midst of obtaining necessary medical records related to her cancer
treatments, which ha been delayed due to the non compliance of at least one (1) of
the health care facilities.
4. The parties have agreed to a trial continuance and have agreed to be
available for a preferential trial setting beginning on October 22, 2019 through
October 25, 2019. Attached to this Motion as Exhibit A is the Rule 11 Agreement
executed by all parties.
he parties request a continuance of the Court’s current trial setting for an
additional six ) months, until October 22, 201 This is the earliest date that
counsel for all parties, including Plaintiffs’ co counsel located in New York, are
available. This date is also far enough in advance to provide notice to all necessary
witnesses to attend and testify at trial.
Additionally, the parties request that the Court preferentially set the pending
case for trial beginning on October 22, 2019 through October 25, 2019
preferential setting will allow all counsel to appear in Court at the date and time
designated by the Court without regard to travel necessities and constraints.
Moreover, a preferential setting for a date certain will ensure that the parties’ expert
tnesses will be present at the time of trial. Both parties will be substantially
prejudiced if their expert witnesses are not available to testify at trial. A preferential
setting for a date certain will facilitate the parties’ needs without causing any undue
prejudice to each other.
OINT OTION FOR ONTINUANCE AND EQUEST FOR REFERENTIAL RIAL ETTING AGE OF
This Motion is not sought for purposes of delay only, but so that justice may
be done
This Motion is verified by the Affidavit of Grace An, attached to this Motion as
Exhibit B.
WHEREFORE, Plaintiff and Defendant pray that the above entitled and
numbered cause be continued from its present setting for at least six ) months
until October 22, 2019, and that the Court preferentially set the pending case for
trial beginning on October 22, 2019 through October 25, 2019.
Respectfully submitted,
ANIELS REDENNICK
By: Kelsey T. Smith
Douglas A. Daniels
State Bar No. 00793579
doug.daniels@dtlawyers.com
Kelsey T. Smith
Texas State Bar No. 24088538
kelsey@dtlawyers.com
Grace An
Texas State Bar No. 24100444
grace@dtlawyers.com
6363 Woodway, Suite 965
Houston, Texas 77057
(713) 917 0024 (Telephone)
(713) 917 0026 (Facsimile)
Of Counsel
GUYEN EFTT, P.C.
Hoang Q. Nguyen, Esq., pro hac vice
New York State Bar No. 2775161
Andrew Leftt, Esq., pro hac vice
New York State Bar No. 4024345
675 Third Ave., 25th Floor
New York, New York 10017
(212) 256 1755 (Telephone)
(212) 256 1756 (Facsimile)
OINT OTION FOR ONTINUANCE AND EQUEST FOR REFERENTIAL RIAL ETTING AGE OF
Hq@NLesqs.com
Andrew@NLesqs.com
ATTORNEYS FOR PLAINTIFFS
MARIBEL and RICK SILVA
and,
AW FFICES OF ILPATRICK HITE EAS
By: /s/ Lori Pritchett*
Lori Pritchett
Texas State Bar No. 16340815
lori.pritchett@LibertyMutual.com
801 Louisiana Street, Suite 500
Houston, Texas 77002
(713) 546 2000 (Telephone)
(855) 610 8083 (Facsimile)
ATTORNEY FOR DEFENDANT
ACS FLOORING GROUP, INC.
*Signed by Permission
CERTIFICATE OF CONFERENCE
I certify that I have conferred with Defendants’ counsel, Lori Pritchett, and
she has agreed to the filing of this Joint Motion for Continuance and Request for
Preferential Trial Setting
Via E FILE/E SERVE; and Email
Lori Pritchett
lori.pritchett@LibertyMutual.com
Law Offices of Kilpatrick, White, Deas
801 Louisiana Street, Suite 500
Houston, Texas 77002
(713) 546 2000 (Telephone)
(855) 610 8083 (Facsimile)
ATTORNEY FOR DEFENDANT
ACS FLOORING GROUP, INC.
Grace An_________
Grace An
OINT OTION FOR ONTINUANCE AND EQUEST FOR REFERENTIAL RIAL ETTING AGE OF
CERTIFICATE OF SERVICE
I certify that I have complied with Texas Rules of Civil Procedure 21 and 21a,
and that a true and correct copy of the foregoing notice has been served on the
following counsel of record by electronic service and electronic mail, this day
of March, 2019, as follows:
Via E FILE/E SERVE; and Email
Lori Pritchett
lori.pritchett@LibertyMutual.com
Law Offices of Kilpatrick, White, Deas
801 Louisiana Street, Suite 500
Houston, Texas 77002
(713) 546 2000 (Telephone)
(855) 610 8083 (Facsimile)
NEY FOR DEFENDANT
ACS FLOORING GROUP, INC.
/s/ Grace An_________
Grace An
OINT OTION FOR ONTINUANCE AND EQUEST FOR REFERENTIAL RIAL ETTING AGE OF
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CAUSE NO. 2015 67886 MARIBEL SILVA and RICK SILVA IN THE DISTRICT COURT § Plaintiffs, § § § HARRIS COUNTY, TEXAS § ACS FLOORING GROUP, INC. § § Defendant. 333RD JUDICIAL DISTRICT JOINTMOTION FOR CONTINUANCE AND REQUEST FOR A PREFERENTIAL TRIAL SETTING PLAINTIFFS, Maribel Silva and Rick Silva, and DEFENDANT, ACS Flooring Group, Inc., this Joint Motion for Continuance and Request for a Preferential Trial Setting, and respectfully show: On or about November 12, 2015, Plaintiffs filed this suit against Defendant seeking damages for Plaintiffs’ personal injuries caused by Defendant’s negligence. This Court previously granted the parties’ Joint Motion for Continuance filed October 30,2018, setting this case for the trial docket beginning April 15, 2019 Defendant’s counsel’s spouse underwent emergency surgery on March 13, 2019, due to an accident that caused traumatic and extensive injuries to both of his legs. Because his legs are currently immobilized, he requires full time care and assistance for several months. Defendant’s counsel is the only family member available to provide the necessary full time care and assistance, along with transporting her spouse to the hospitalfor frequent medical visits, at this time. The parties also agree that they need additional time to properly evaluate, mediate, and potentially litigate this case in light of Plaintiff Maribel Silva cancer diagnosis in the summer of 2017, which required her to undergo intense medical OINT OTION FOR ONTINUANCE AND EQUEST FOR REFERENTIAL RIAL ETTING AGE OF treatment for many months Defendant’s counsel has not had the opportunity to conduct an Independent Medical Examination of Plaintiff Maribel Silva, and the parties are in the midst of obtaining necessary medical records related to her cancer treatments, which ha been delayed due to the non compliance of at least one (1) of the health care facilities. 4. The parties have agreed to a trial continuance and have agreed to be available for a preferential trial setting beginning on October 22, 2019 through October 25, 2019. Attached to this Motion as Exhibit A is the Rule 11 Agreement executed by all parties. he parties request a continuance of the Court’s current trial setting for an additional six ) months, until October 22, 201 This is the earliest date that counsel for all parties, including Plaintiffs’ co counsel located in New York, are available. This date is also far enough in advance to provide notice to all necessary witnesses to attend and testify at trial. Additionally, the parties request that the Court preferentially set the pending case for trial beginning on October 22, 2019 through October 25, 2019 preferential setting will allow all counsel to appear in Court at the date and time designated by the Court without regard to travel necessities and constraints. Moreover, a preferential setting for a date certain will ensure that the parties’ expert tnesses will be present at the time of trial. Both parties will be substantially prejudiced if their expert witnesses are not available to testify at trial. A preferential setting for a date certain will facilitate the parties’ needs without causing any undue prejudice to each other. OINT OTION FOR ONTINUANCE AND EQUEST FOR REFERENTIAL RIAL ETTING AGE OF This Motion is not sought for purposes of delay only, but so that justice may be done This Motion is verified by the Affidavit of Grace An, attached to this Motion as Exhibit B. WHEREFORE, Plaintiff and Defendant pray that the above entitled and numbered cause be continued from its present setting for at least six ) months until October 22, 2019, and that the Court preferentially set the pending case for trial beginning on October 22, 2019 through October 25, 2019. Respectfully submitted, ANIELS REDENNICK By: Kelsey T. Smith Douglas A. Daniels State Bar No. 00793579 doug.daniels@dtlawyers.com Kelsey T. Smith Texas State Bar No. 24088538 kelsey@dtlawyers.com Grace An Texas State Bar No. 24100444 grace@dtlawyers.com 6363 Woodway, Suite 965 Houston, Texas 77057 (713) 917 0024 (Telephone) (713) 917 0026 (Facsimile) Of Counsel GUYEN EFTT, P.C. Hoang Q. Nguyen, Esq., pro hac vice New York State Bar No. 2775161 Andrew Leftt, Esq., pro hac vice New York State Bar No. 4024345 675 Third Ave., 25th Floor New York, New York 10017 (212) 256 1755 (Telephone) (212) 256 1756 (Facsimile) OINT OTION FOR ONTINUANCE AND EQUEST FOR REFERENTIAL RIAL ETTING AGE OF Hq@NLesqs.com Andrew@NLesqs.com ATTORNEYS FOR PLAINTIFFS MARIBEL and RICK SILVA and, AW FFICES OF ILPATRICK HITE EAS By: /s/ Lori Pritchett* Lori Pritchett Texas State Bar No. 16340815 lori.pritchett@LibertyMutual.com 801 Louisiana Street, Suite 500 Houston, Texas 77002 (713) 546 2000 (Telephone) (855) 610 8083 (Facsimile) ATTORNEY FOR DEFENDANT ACS FLOORING GROUP, INC. *Signed by Permission CERTIFICATE OF CONFERENCE I certify that I have conferred with Defendants’ counsel, Lori Pritchett, and she has agreed to the filing of this Joint Motion for Continuance and Request for Preferential Trial Setting Via E FILE/E SERVE; and Email Lori Pritchett lori.pritchett@LibertyMutual.com Law Offices of Kilpatrick, White, Deas 801 Louisiana Street, Suite 500 Houston, Texas 77002 (713) 546 2000 (Telephone) (855) 610 8083 (Facsimile) ATTORNEY FOR DEFENDANT ACS FLOORING GROUP, INC. Grace An_________ Grace An OINT OTION FOR ONTINUANCE AND EQUEST FOR REFERENTIAL RIAL ETTING AGE OF CERTIFICATE OF SERVICE I certify that I have complied with Texas Rules of Civil Procedure 21 and 21a, and that a true and correct copy of the foregoing notice has been served on the following counsel of record by electronic service and electronic mail, this day of March, 2019, as follows: Via E FILE/E SERVE; and Email Lori Pritchett lori.pritchett@LibertyMutual.com Law Offices of Kilpatrick, White, Deas 801 Louisiana Street, Suite 500 Houston, Texas 77002 (713) 546 2000 (Telephone) (855) 610 8083 (Facsimile) NEY FOR DEFENDANT ACS FLOORING GROUP, INC. /s/ Grace An_________ Grace An OINT OTION FOR ONTINUANCE AND EQUEST FOR REFERENTIAL RIAL ETTING AGE OF