Motion,Ex Parte: LACEY JEFFREY, et al vs. GLOBAL CAR RENTALS, LLC, et al

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                FILED
                                                                                       3/8/2023 1:12 PM
                                                                                          FELICIA PITRE
                                                                                       DISTRICT CLERK
                                                                                    DALLAS CO., TEXAS
                                                                               Cassandra Walker DEPUTY


                          CAUSE NO. DC-22-01070




LACEY JEFFREY AND JERRED EAKINS.    §       IN   THE DISTRICT COURT
Plaintiffs,                         §
                                    §
                                    §       DALLAS COUNTY, TEXAS
GLOBAL CAR RENTALS, LLC and         §
LERICO DEAIRES SULLIVAN, DBA        §
GLOBAL CAR RENTALS                  §
Defendants,                         §       101$T JUDICIAL DISTRICT




DEFENDANTS' MOTION TO STRIKE PLAINTIFFS REQUEST FOR INSPECTION OF

2010 FORD FOCUS


TO THE HONORABLE IUDGE OF SAID COURT:


NOW COMES Defendant’s Global Car Rentals LLC , who files this Motion to Strike


Plaintiff’s Request for inspection pursuant to Tex civil P rule 190.3, respectfully

show the Court as follows:


                     I.   Introduction and Underlying Facts




1.   Plaintiffs suggests that the inspection take place on April 3, 2023 at 11:00 am

were the vehicle is located, which is unknown to Plaintiffs at this time.
2. Plaintiffs requests permission to inspect, measure, survey, photograph and

allow Plaintiffs’ retained expert plug into the vehicle’s electronic event data

recorder to determine the mechanical defects in said vehicle at the time of the

crash.




3. Plaintiff requests that his videographer, Jason Warner or one of his


representatives be present to record the inspection as well as staff from Plaintiffs

counsel’s office.


Defendant objects to plaintiffs request under Tex civil p rule 190.3 untimely

request:


190.3 Discovery Control Plan - By Rule (Level 2)

(a)App|ication. Unless a suit is governed by a discovery control plan under Rules

190.2 or 190.4, discovery must be conducted in accordance with this subdivision.




(b)Limitations. Discovery is subject to the limitations provided elsewhere   in

these rules and to the following additional limitations:



(1)Discovery period. All discovery must be conducted during the discovery

period, which begins when the first initial disclosures are due and continues until:
(A)30 days before the date set for trial,   in   cases under the Family Code; or

(B)in other cases, the earlier of

(i)30 days before the date set for trial, or

(ii)nine months after the first initial disclosures are due.


                                    II.   CONCLUSION


As demonstrated above, plaintiff has not adequately established the reasonable facts

and timely request in response thereto. Because plaintiffs request are wholly

insufficient and violates the requirements of the Texas Civil P 190.3 it should be

stricken,.


WHEREFORE, PREMISES CONSIDERED, Defendant respectfully prays that this

Motion be in all things granted; that this Court enter an order (a) striking the

Plaintiffs Request to inspection.


Respectfully,




Lerico Sullivan represents Global Car Rentals LLC
I   certify that on March 8,2023, I electronically filed the foregoing document with

the Clerk of Court using the CM / ECF system, which will send notification of such

filing to the following:




Lerico Sullivan

Submitted,
                         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.




Envelope ID: 73464674
Status as of 3/9/2023 11:36 AM CST

Associated Case Party: LACEY            JEFFREY

Name          BarNumber    Email                      TimestampSubmitted     Status

Legal Lidji                |egal@thelidjifirm.com     3/8/2023 1:12:23 PM    SENT


Associated Case Party: LERICO DEAIRES SULLIVAN

Name                BarNumber      Email                                              TimestampSubmitted    Status
LERICO SULLIVAN                    lericosullivan@gmail.com                           3/8/2023 1:12:23 PM   SENT
LERICO SULLIVAN                    LE_RICOSULLIVAN@GLOBALCARRENTALSLLC.COM            3/8/2023 1:12:23 PM   ERROR


Case Contacts

Name                      BarN um ber      Email                       TimestampSubmitted     Status
 Isaac ScottLidji                          scott@thelidjifirm.com      3/8/2023 1:12:23 PM    SENT
Jorge Sanchez                              101court@dallascounty.org   3/8/2023 1:12:23 PM    SENT
MARY JOE RBETZEN                           lega|@the|idjifirm.com      3/8/2023 1:12:23 PM    SENT