Motion,Ex Parte: GAVIN SCRIMSHIRE , et al vs. STEPHEN DAVIS , et al

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                FILED
                                                                                                           6/20/2023 12:00 AM
                                                                                                                FELICIA PITRE
                                                                                                             DISTRICT CLERK
                                                                                                           DALLAS CO., TEXAS
                                                                                                  Elizabeth Ferguson DEPUTY


                                     CAUSE NO. DC-22-04789
 GAVIN SCRIMSHIRE AND                                    §                IN THE DISTRICT COURT
 TAYA BARDWELL                                           §
                                                         §
 V.                                                      §                101“ JUDICIAL DISTRICT
                                                         §
 STEPHEN DAVIS AND                                       §
 SERVICELINE TRANSPORT, INC.                             §                DALLAS COUNTY, TEXAS
                            PLAINTIFFS’ MOTION TO LIFT STAY
        TO THE HONORABLE JUDGE OF SAID COURT:

        COME NOW, GAVIN SCRIMSHIRE                      and   TAYA BARDWELL,             hereinafter called

Plaintiffs, and file this, their Motion to Lift Stay and for cause of action would respectfully show

unto the Court the following:

                                                   I.

                      BANKRUPTCY OF SERVICELINE TRANSPORT, INC.

        On February 27, 2023, Plaintiffs received notice of Defendant,                    SERVICELINE
TRANSPORT, INC.’S         Chapter 7 Petition for Bankruptcy filed in the United State Bankruptcy

Court for the Northern District of Texas, Dallas Division.

          Defendant,   SERVICELINE TRANSPORT, INC.                     was the owner of the tractor trailer

and employer   of Defendant, STEPHEN DAVIS,             the operator   of the tractor trailer involved in the

collision made the basis of this suit. Plaintiffs filed suit against     SERVICELINE TRANSPORT,
INC. on May 5, 2022. Pursuant      to Section 524(e)     of the Bankruptcy Code, “discharge of a debt

of the debtor does not affect the liability of any other entity on, or the property of any other entity

for, such debt.” 11   USC §524(e). Plaintiffs, GAVIN SCRIMSHIRE and TAYA BARDWELL,

respectfiilly request that the stay be lifted based on the grounds that Plaintiffs are only seeking

liability insurance proceeds available from Fundamental Underwriters, the insurer for Defendant,

SERVICELINE TRANSPORT, INC.,                and not fi‘om Defendant personally.
          WHEREFORE, PREMISES CONSIDERED, Plaintiffs, GAVIN SCIRm/ISHIRE                             and

TAYA BARDWELL,                   respectfully pray that the Court lift the stay of this case based on the

confirmation of Plaintiffs that they are only seeking proceeds available from the insurer of

Defendant,     SERVICELINE TRANSPORT, INC. and all other and further relief to which Plaintiffs

may be entitled.
                                                                     '
                                                 Respectfully sub
                                                 SLOAN, HATCHER
                                                                  '
                                                                                GE, ROBERTSONAELSMIm
                                                                         '




                                                 MICAH L ATT      ITE
                                                 SlateB No.2 0246
                                                   satter hite@sloan meom
                                                 l0] Ea Whal       treet
                                                 P. 0. Drawer 2909
                                                 Longview, Texas 75606-2909
                                                 Telephone: (903) 757-7000
                                                 Facsimile: (903) 757-7574

                                                 ATTORNEY FOR PLAINTIFFS




Scfimshire er al. v. Davis et at.
                             -
Plaintiffs' Motion to Lift Stay Page 2
                                           CERTIFICATE OF SERVICE
       I hereby certify that a true and correct copy of the foregoing document has been forwarded
in accordance with the Texas Rules of Civil Procedure on this 19'h day of June 2023, to the
following attorneys of record:

M. Turner Field
Jeffery M. Kershaw
KERSHAW ANDERSON, PLLC
12400 Coit Road, Suite 570
Dallas, Texas 75251
Attorneys for Defendant




                                                       CAH SATT




Scrinwhire et al. v. Davis er a1.
Plaintiffs' Motion to Lift Stay — Page 3
                         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.

Ashlea Fogle on behalf of Micah SattenNhite
Bar No. 24102463
AFogle@sloanfirm.com
Envelope ID: 76753010
Filing Code Description: Motion - Lift Abatement
Filing Description: TO LIFT STAY
Status as of 6/21/2023 11:21 AM CST

Associated Case Party: GAVIN SCRIMSHIRE

Name                  BarNumber    Email                        TimestampSubmitted        Status
Micah Sattenlvhite                 msatterwhite@sloanfirm.com   6/19/2023 4:44:26 PM      SENT
Ashlea Fogle                       afogle@sloanfirm.com         6/19/2023 4:44:26 PM      SENT


Associated Case Party: STEPHEN DAVIS

Name                 BarNumber    Email                   TimestampSubmitted     Status
Michael Field                     tfield@katxlaw.com      6/19/2023 4:44:26 PM   SENT
Laurie Stroh                      lstroh@katxlaw.com      6/19/2023 4:44:26 PM   SENT
Josey Gonzales                    jgonzales@katxlaw.com   6/19/2023 4:44:26 PM   SENT