On August 11, 2022 a
Motion,Ex Parte
was filed
involving a dispute between
Love, Adrien,
Love, Ronald,
and
Capital One Auto Finance,
Imperial Recovery Services,
Imperial Recovery Services, Inc.,
for Other Civil
in the District Court of Fort Bend County.
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CAUSE NO. DCV 295946
ADRIEN LOVE and RONALD LOVE,
Plaintiffs,
IN THE DISTRICT COURT OF
FORT BEND COUNTY, TEXAS
TH JUDICIAL DISTRICT
CAPITAL ONE AUTO FINANCE and
IMPERIAL RECOVERY SERVICES, INC.,
Defendants.
/
DEFENDANT’S MOTION TO EXTEND RESPONSIVE PLEADING
DEADLINE PURSUANT TO TEX. R. CIV. P. 5
Defendant Imperial Recovery Services, Inc., files this Motion to Extend Responsive
Pleading Deadline Pursuant to Tex. R. Civ. P. 5, and asks this Court to allow them an additional
30 days to file their Answer or other responsive pleading. In support thereof, Defendant shows this
Court as follows:
1 On August 11, 2022, Plaintiffs filed this lawsuit against Defendants’ Capital One
Auto Finance and Imperial Recovery Services, Inc. alleging damages, breach of peace, wrongful
self-help repossession, independent contractor responsibilities, infringement on constitutional
rights, trespassing, invasion of privacy, FDCPA violation and fraudulent reporting of capital one
auto finance.
2 On August 23, 2022 Plaintiffs served Imperial Recovery Services, Inc.
3 On September 22, 2022 Defendant Imperial Recovery Services, Inc. retained
Clausen Miller, P.C. of Houston, Texas as counsel in this matter.
4 Defendant respectfully requests that they be allowed an additional 30 days to file
their Answer or other responsive pleading to Plaintiffs’ Original Petition. The requested extension
would not result in any prejudice to the rights of the Plaintiffs.
8608801.1
WHEREFORE, PREMISES CONSIDERED, Defendant asks that the deadline to file their
Answer or other responsive pleading be extended 30 days and that Defendant has such other and
further reliefto which they may show themselves entitled.
CLAUSEN MILLER P.C.
By: /s/ Ramy Elmasri
Ramy Elmasri, Esq.
Texas Bar No. 24051690
2929 Allen Parkway American
General Center, Ste 200
Houston, TX 77019
Phone: 346.229.4616
elmasri@clausen.com
pmedina@clausen.com
karmour@clausen.com
Counsel for Defendant Imperial Recovery
Services, Inc.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been served via the
Texas E-Portal Filing Adrien Love and Ronald Love, 714 Streamwood Lane, Rosenberg, TX
onlove033@yahoo.com on September 26, 2022.
CLAUSEN MILLER P.C.
By: /s/ Ramy Elmasri
Ramy Elmasri, Esq.
Texas Bar No. 24051690
8608801.1
Document Filed Date
September 26, 2022
Case Filing Date
August 11, 2022
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CAUSE NO. DCV 295946 ADRIEN LOVE and RONALD LOVE, Plaintiffs, IN THE DISTRICT COURT OF FORT BEND COUNTY, TEXAS TH JUDICIAL DISTRICT CAPITAL ONE AUTO FINANCE and IMPERIAL RECOVERY SERVICES, INC., Defendants. / DEFENDANT’S MOTION TO EXTEND RESPONSIVE PLEADING DEADLINE PURSUANT TO TEX. R. CIV. P. 5 Defendant Imperial Recovery Services, Inc., files this Motion to Extend Responsive Pleading Deadline Pursuant to Tex. R. Civ. P. 5, and asks this Court to allow them an additional 30 days to file their Answer or other responsive pleading. In support thereof, Defendant shows this Court as follows: 1 On August 11, 2022, Plaintiffs filed this lawsuit against Defendants’ Capital One Auto Finance and Imperial Recovery Services, Inc. alleging damages, breach of peace, wrongful self-help repossession, independent contractor responsibilities, infringement on constitutional rights, trespassing, invasion of privacy, FDCPA violation and fraudulent reporting of capital one auto finance. 2 On August 23, 2022 Plaintiffs served Imperial Recovery Services, Inc. 3 On September 22, 2022 Defendant Imperial Recovery Services, Inc. retained Clausen Miller, P.C. of Houston, Texas as counsel in this matter. 4 Defendant respectfully requests that they be allowed an additional 30 days to file their Answer or other responsive pleading to Plaintiffs’ Original Petition. The requested extension would not result in any prejudice to the rights of the Plaintiffs. 8608801.1 WHEREFORE, PREMISES CONSIDERED, Defendant asks that the deadline to file their Answer or other responsive pleading be extended 30 days and that Defendant has such other and further reliefto which they may show themselves entitled. CLAUSEN MILLER P.C. By: /s/ Ramy Elmasri Ramy Elmasri, Esq. Texas Bar No. 24051690 2929 Allen Parkway American General Center, Ste 200 Houston, TX 77019 Phone: 346.229.4616 elmasri@clausen.com pmedina@clausen.com karmour@clausen.com Counsel for Defendant Imperial Recovery Services, Inc. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been served via the Texas E-Portal Filing Adrien Love and Ronald Love, 714 Streamwood Lane, Rosenberg, TX onlove033@yahoo.com on September 26, 2022. CLAUSEN MILLER P.C. By: /s/ Ramy Elmasri Ramy Elmasri, Esq. Texas Bar No. 24051690 8608801.1