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FILED
8/8/2023 3:31 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS 00., TEXAS
Margaret Thomas DEPUTY
Cause No. DC-23 -07279
AT&T SERVICES, INC. § IN THE DISTRICT COURT
§
V. §
§ 193RD JUDICIAL DISTRICT
§
MASON HALL III AND §
WILLIE MAE NOBLES § DALLAS COUNTY, TEXAS
PLAINTIFF’S VERIFIED MOTION TO RETAIN CAUSE
COMES NOW Plaintiff, AT&T SERVICES, INC, and files this Verified Motion to
Retain the above referenced cause and in support of same would Show as follows:
Introduction
1. On May 31, 2023, Plaintiff filed this lawsuit.
2. On June 26, 2023, Plaintiff followed up with the citations and was told the citations were
issued June 5, 2023. Plaintiff informed the clerk, e-fiie had blacklisted Plaintiff’s service e-mail
in Dallas County for reasons Imknown to Plaintiff. A ticket was opened with the e—file support
team to resolve the issue. The clerk stated she would have Ms. Madeline resend the citations to
the e-service email on file.
3. On June 28, 2023, Plaintiff downloaded the citations from the clerk’s website.
4. On June 30, 2023, Plaintiff sent the citations out for service via private process server.
5. On July 6, 2023, Plaintiff followed up with service and was told service had not yet been
completed; however, service attempts were continuing.
6. On July 12, 2023, Defendant Willie Mae Nobles was served, establishing August 7, 2023
as the deadline to file an answer with the Court.
7. On July 17, 2023, Plaintiff followed up with server via phone that Defendant Mason Hall
III was not home at the time. Service attempts for Defendant Mason Hall III were continuing.
8. 0n July 31, 2023, Plaintiff filed a Motion for Substitute Service and Proposed Order for
Defendant Mason Hall, III.
9. On August l, 2023, the Court granted Plaintist Motion for Substitute Service for
Defendant Mason Hall, III.
10. August 8, 2023, Plaintiff filed a Motion for Interlocutory Default Judgment and Proposed
Order against Defendant Willie Mae Nobles. Plaintiff also sent the citation back out for service
for Defendant Mason Hall, III Via substitute service.
Good Cause
11. Plaintiff does intend to complete service for Mason Hall III via substitute service.
Plaintiff has allowed the proper time for Defendant Willie Mae Nobles to file an answer with the
Court to expire and has filed a Motion for Interlocutory Default Judgment.
12. Plaintiff respectfufly requests that the Court retain this cause and, subject to completion
of service of Defendant Mason Hall III and the Court’s ruling of Plaintiff’s Interlocutory Default
Judgment against Defendant Willie Mae Nobles.
13. The verification of Plaintiffs counsel, Christopher A. Fusselman is attached.
Exam
l4. Wherefore, premises considered Plaintiff respectfully prays the Court to retain this cause9
and subject to completion of service for Defendant Mason Hall III and the Court’s ruling of
'
Plaintiff’s Interlocutory Default Judgment against Defendant Willie Mae Nobles.
Respectfully submitted,
THE FUSSELMAN LAW FIRM, P.C.
/s/ Christopher A. Fusselman
Christopher A. Fussclman
State Bar No. 00792520
Jason E. Wells
State Bar No. 24066279
1616 South Voss Rd., Ste. 775
Houston, Texas 77057
(713) 960-1619
(713) 960-1430 (fax)
E—Service E-Mail:
e-file@thefusselmanlawfirm.com
ATTORNEYS FOR PLAINTIFF
Cause No. DC-23—07279
AT&T SERVICES, INC. § IN THE DISTRICT COURT
§
V. §
§ 193RD JUDICIAL DISTRICT
§
MASON HALL III AND §
WILLIE MAE NOBLES § DALLAS COUNTY, TEXAS
VERIFICATION OF PLAINTIFF’S COUNSEL
STATE OF TEXAS §
§
HARRIS COUNTY §
Before me the undersigned notary, on this day personally appeared Christopher A.
Fusselman, a person whose identity is known to me. After I administered an oath to him, upon his
oath he said he read Plaintiff’s Second Verified Motion to Cause, and that all other facts
stated in it are within his personal knowledge and are true Reté'n
0
V33
Clifistopher-JA. Fusselman
SUBSCRIBED AND SWORN TO BEFORE ME on this the 8th day of August, 2023.
fZ/WWM
NOTAK’Y PUBLIC, STATE OF TEXAS
ZAYURY TORRES
Notary 10 #133817253
My Commission Expires
June 16, 2026
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FILED 8/8/2023 3:31 PM FELICIA PITRE DISTRICT CLERK DALLAS 00., TEXAS Margaret Thomas DEPUTY Cause No. DC-23 -07279 AT&T SERVICES, INC. § IN THE DISTRICT COURT § V. § § 193RD JUDICIAL DISTRICT § MASON HALL III AND § WILLIE MAE NOBLES § DALLAS COUNTY, TEXAS PLAINTIFF’S VERIFIED MOTION TO RETAIN CAUSE COMES NOW Plaintiff, AT&T SERVICES, INC, and files this Verified Motion to Retain the above referenced cause and in support of same would Show as follows: Introduction 1. On May 31, 2023, Plaintiff filed this lawsuit. 2. On June 26, 2023, Plaintiff followed up with the citations and was told the citations were issued June 5, 2023. Plaintiff informed the clerk, e-fiie had blacklisted Plaintiff’s service e-mail in Dallas County for reasons Imknown to Plaintiff. A ticket was opened with the e—file support team to resolve the issue. The clerk stated she would have Ms. Madeline resend the citations to the e-service email on file. 3. On June 28, 2023, Plaintiff downloaded the citations from the clerk’s website. 4. On June 30, 2023, Plaintiff sent the citations out for service via private process server. 5. On July 6, 2023, Plaintiff followed up with service and was told service had not yet been completed; however, service attempts were continuing. 6. On July 12, 2023, Defendant Willie Mae Nobles was served, establishing August 7, 2023 as the deadline to file an answer with the Court. 7. On July 17, 2023, Plaintiff followed up with server via phone that Defendant Mason Hall III was not home at the time. Service attempts for Defendant Mason Hall III were continuing. 8. 0n July 31, 2023, Plaintiff filed a Motion for Substitute Service and Proposed Order for Defendant Mason Hall, III. 9. On August l, 2023, the Court granted Plaintist Motion for Substitute Service for Defendant Mason Hall, III. 10. August 8, 2023, Plaintiff filed a Motion for Interlocutory Default Judgment and Proposed Order against Defendant Willie Mae Nobles. Plaintiff also sent the citation back out for service for Defendant Mason Hall, III Via substitute service. Good Cause 11. Plaintiff does intend to complete service for Mason Hall III via substitute service. Plaintiff has allowed the proper time for Defendant Willie Mae Nobles to file an answer with the Court to expire and has filed a Motion for Interlocutory Default Judgment. 12. Plaintiff respectfufly requests that the Court retain this cause and, subject to completion of service of Defendant Mason Hall III and the Court’s ruling of Plaintiff’s Interlocutory Default Judgment against Defendant Willie Mae Nobles. 13. The verification of Plaintiffs counsel, Christopher A. Fusselman is attached. Exam l4. Wherefore, premises considered Plaintiff respectfully prays the Court to retain this cause9 and subject to completion of service for Defendant Mason Hall III and the Court’s ruling of ' Plaintiff’s Interlocutory Default Judgment against Defendant Willie Mae Nobles. Respectfully submitted, THE FUSSELMAN LAW FIRM, P.C. /s/ Christopher A. Fusselman Christopher A. Fussclman State Bar No. 00792520 Jason E. Wells State Bar No. 24066279 1616 South Voss Rd., Ste. 775 Houston, Texas 77057 (713) 960-1619 (713) 960-1430 (fax) E—Service E-Mail: e-file@thefusselmanlawfirm.com ATTORNEYS FOR PLAINTIFF Cause No. DC-23—07279 AT&T SERVICES, INC. § IN THE DISTRICT COURT § V. § § 193RD JUDICIAL DISTRICT § MASON HALL III AND § WILLIE MAE NOBLES § DALLAS COUNTY, TEXAS VERIFICATION OF PLAINTIFF’S COUNSEL STATE OF TEXAS § § HARRIS COUNTY § Before me the undersigned notary, on this day personally appeared Christopher A. Fusselman, a person whose identity is known to me. After I administered an oath to him, upon his oath he said he read Plaintiff’s Second Verified Motion to Cause, and that all other facts stated in it are within his personal knowledge and are true Reté'n 0 V33 Clifistopher-JA. Fusselman SUBSCRIBED AND SWORN TO BEFORE ME on this the 8th day of August, 2023. fZ/WWM NOTAK’Y PUBLIC, STATE OF TEXAS ZAYURY TORRES Notary 10 #133817253 My Commission Expires June 16, 2026