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FILED
DALLAS COUNTY
3/4/2019 2:21PM
FELICIA PITRE
DISTRICT CLERK
CAUSE N0. Dc—18—05560 Margaret Thomas
MARY KAY INC., g IN THE DISTRICT COURT 0F
§
Plaintiff, g
§
v g DALLAS COUNTY, TEXAS
§
xxxxx xxxxx xxxxxxx, §
§
Defendant. g 116th JUDICIAL DISTRICT
JOINT MOTION FOR CONTINUANCE
Plaintiff Mary Kay, Inc. and Defendant Jaime xxxxx xxxxxxx file their Joint Motion for
Continuance as follows:
The Parties bring this Motion seeking a continuance of the trial setting in this case,Which is
currently set for May 6, 2019. Rule 330(d) of the Texas Rules 0f Civil Procedure provides that a case
that is set for trial may be reset if it will not “unreasonably delay or interfere With other business of
the court.” Here, good cause exists to continue the existing trialdate until mid—September because
Defendant has recently added new claims that will require additional discovery and moving the trial
setting will not unreasonably delay or interfere with this Court’s docket.
Mary Kay filed this action seeking relief against Defendant for breach of two separate contracts.
(Verified Orig. Pet, dated April 27, 2018). Soon thereafter, Defendant brought her own breach of
contract counterclaim. (Orig. Counterclaim, dated June 6, 2018). The scheduling order that currently
governs this case is the Agreed Scheduling Order, issued on September 12, 2018. Pursuant to the
Agreed Scheduling Order, the deadline to amend pleadings to assert a new cause 0f action is March
6, 2019. Recently, Defendant amended her claims, adding three new causes of action: breach of
fiduciary duty, unlawful discrimination under the Florida Civil Rights Act of 1992 (the “Act”), and
unlawful retaliation under the Act. (First Amend. Counterclaim, dated February 22, 2019 at 10—17).
MOTION FOR CONTINUANCE PAGE 1 OF 3
The Parties agree that the newly—amended claims Will require additional discovery and that a
new trialsetting is appropriate. The Parties further agree that a trialsetting 0f September 16, 2019 is
a reasonable extension and have confirmed the availability of that settings with this Court’s staff.
Accordingly, the Parties request that this Court reset the current trial setting and pretrial deadlines as
follows:
1. August 16, 2019 Deadline for close 0f discovery
Deadline for hearing on motions for summary
2. August 16, 2019 judgment, expert challenges, 0r other dispositive
motions
Deadline to file amended pleadings, not including
3. August 23, 2019
pleadings asserting new causes 0f action
Deadline t0 file objections/motions to exclude or
4. August 23, 2019 limit expert testimony and to file motions to
compel
Deadline for parties to exchange a list of exhibits
(including any demonstrative aids and affidavits)
5. September 2, 2019
and to exchange copies of any exhibits not
previously produced in discovery
The parties shall meet in person to confer on
6. September 6, 2019 stipulations regarding pretrial materials to be
submitted to Court
By 4:00 p.m., file materials stated in Rule 166(e),
an estimate of the length of trial, designations of
7. September 12, 2019
deposition testimony to be offered in direct
examination, and any motions 1'11 [jminc
8. September 16, 2019 Trial (special setting requested)
MOTION FOR CONTINUANCE PAGE 2 OF 3
Dated: March 4, 20 1 9 Respectfully submitted,
/s/ Christopher J. Schwegmann
Christopher J. Schwegmann
Texas Bar No. 25051315
cschwegmann@lvnnlln.com
Jared D. Eisenberg
State Bar No. 24092382
'eisenber 1 n11 .com
LYNN PINKER COX & HURST, LLP
2100 Ross Avenue, Suite 2700
Dallas, Texas 75201
Telephone: 214-98 1-3800
Facsimile: 214—981-3839
Jill Herz
State Bar N0. 00785930
service@jillherz.com
ATTORNEY AT LAW
430 Founders Square
900 Jackson Street
Dallas, Texas 75202
(214) 745-4567 — (Telephone)
(214) 745-1 156 — (Facsimile)
ATTORNEYS FOR PLAINTIFF
MARY KAY INC.
CERTIFICATE OF CONFERENCE
Pursuant t0 Local Rules 2.06 and 2.07, this is amotion for an uncontested or agreed matter
for a continuance. This case is not yet one year old, and therefore it“does not require a separate
motion 0r hearing.” Counsel for all parties have reviewed and conferred about every item set forth in
this motion and agree to its contents and relief requested.
Dated March 4, 2019 /;/ Gregor); A. Bmm‘ie/d
Gregory A. Brassfield
MOTION FOR CONTINUANCE PAGE 3 OF 3
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FILED DALLAS COUNTY 3/4/2019 2:21PM FELICIA PITRE DISTRICT CLERK CAUSE N0. Dc—18—05560 Margaret Thomas MARY KAY INC., g IN THE DISTRICT COURT 0F § Plaintiff, g § v g DALLAS COUNTY, TEXAS § xxxxx xxxxx xxxxxxx, § § Defendant. g 116th JUDICIAL DISTRICT JOINT MOTION FOR CONTINUANCE Plaintiff Mary Kay, Inc. and Defendant Jaime xxxxx xxxxxxx file their Joint Motion for Continuance as follows: The Parties bring this Motion seeking a continuance of the trial setting in this case,Which is currently set for May 6, 2019. Rule 330(d) of the Texas Rules 0f Civil Procedure provides that a case that is set for trial may be reset if it will not “unreasonably delay or interfere With other business of the court.” Here, good cause exists to continue the existing trialdate until mid—September because Defendant has recently added new claims that will require additional discovery and moving the trial setting will not unreasonably delay or interfere with this Court’s docket. Mary Kay filed this action seeking relief against Defendant for breach of two separate contracts. (Verified Orig. Pet, dated April 27, 2018). Soon thereafter, Defendant brought her own breach of contract counterclaim. (Orig. Counterclaim, dated June 6, 2018). The scheduling order that currently governs this case is the Agreed Scheduling Order, issued on September 12, 2018. Pursuant to the Agreed Scheduling Order, the deadline to amend pleadings to assert a new cause 0f action is March 6, 2019. Recently, Defendant amended her claims, adding three new causes of action: breach of fiduciary duty, unlawful discrimination under the Florida Civil Rights Act of 1992 (the “Act”), and unlawful retaliation under the Act. (First Amend. Counterclaim, dated February 22, 2019 at 10—17). MOTION FOR CONTINUANCE PAGE 1 OF 3 The Parties agree that the newly—amended claims Will require additional discovery and that a new trialsetting is appropriate. The Parties further agree that a trialsetting 0f September 16, 2019 is a reasonable extension and have confirmed the availability of that settings with this Court’s staff. Accordingly, the Parties request that this Court reset the current trial setting and pretrial deadlines as follows: 1. August 16, 2019 Deadline for close 0f discovery Deadline for hearing on motions for summary 2. August 16, 2019 judgment, expert challenges, 0r other dispositive motions Deadline to file amended pleadings, not including 3. August 23, 2019 pleadings asserting new causes 0f action Deadline t0 file objections/motions to exclude or 4. August 23, 2019 limit expert testimony and to file motions to compel Deadline for parties to exchange a list of exhibits (including any demonstrative aids and affidavits) 5. September 2, 2019 and to exchange copies of any exhibits not previously produced in discovery The parties shall meet in person to confer on 6. September 6, 2019 stipulations regarding pretrial materials to be submitted to Court By 4:00 p.m., file materials stated in Rule 166(e), an estimate of the length of trial, designations of 7. September 12, 2019 deposition testimony to be offered in direct examination, and any motions 1'11 [jminc 8. September 16, 2019 Trial (special setting requested) MOTION FOR CONTINUANCE PAGE 2 OF 3 Dated: March 4, 20 1 9 Respectfully submitted, /s/ Christopher J. Schwegmann Christopher J. Schwegmann Texas Bar No. 25051315 cschwegmann@lvnnlln.com Jared D. Eisenberg State Bar No. 24092382 'eisenber 1 n11 .com LYNN PINKER COX & HURST, LLP 2100 Ross Avenue, Suite 2700 Dallas, Texas 75201 Telephone: 214-98 1-3800 Facsimile: 214—981-3839 Jill Herz State Bar N0. 00785930 service@jillherz.com ATTORNEY AT LAW 430 Founders Square 900 Jackson Street Dallas, Texas 75202 (214) 745-4567 — (Telephone) (214) 745-1 156 — (Facsimile) ATTORNEYS FOR PLAINTIFF MARY KAY INC. CERTIFICATE OF CONFERENCE Pursuant t0 Local Rules 2.06 and 2.07, this is amotion for an uncontested or agreed matter for a continuance. This case is not yet one year old, and therefore it“does not require a separate motion 0r hearing.” Counsel for all parties have reviewed and conferred about every item set forth in this motion and agree to its contents and relief requested. Dated March 4, 2019 /;/ Gregor); A. Bmm‘ie/d Gregory A. Brassfield MOTION FOR CONTINUANCE PAGE 3 OF 3