Preview
FILED
7/17/2023 4:19 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Brandon Keys DEPUTY
CAUSE NO. DC-21-11880
CESAR ESPARZA, § IN THE DISTRICT COURT
Plaintiff, g
vs. g 19IST JUDICIAL DISTRICT
STEVE SKINNER and CP&Y, INC., g
Defendants. g DALLAS COUNTY, TEXAS
DEFENDANTS’ MOTION FOR CONTINUAN CE
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW Steve Skinner and CP&Y, Inc., (“Defendants” respectively) in the above-
entitled and numbered cause, and files this Motion for Continuance on the grounds the trial
setting in this matter conflicts with another setting involving an older case. In support of this
motion, Defendants would respectfully show the Honorable Court the following:
I.
This case is set for a jury trial on August 21, 2023. This is the second trial setting.
Counsel for defense is set for trial in Harris County in a case entitled Celeste Valle v. Hard Rock
Café International (STP), Inc., A&Q Drywall, and Warwick Construction, Inc., under cause No.
2020-73793, in the 189th District Court of Harris County, Texas on August 22, 2023 and is
expected to last at least a week. The Valle case was filed in Harris County on November 16,
2020 and concerns an incident of December 26, 2019. This matter was filed on August 30, 2021.
H.
Defendants move the court to continue the current trial to eliminate the conflict
Defendant’s counsel has with the current trial date in this matter. Defendants request a
continuance not for purpose of delay only, but so that justice may be done. To the extent
Defendant’s Motion for Continuance Page 1
necessary, counsel has obtained the permission of client CP&Y for this continuance. See Exhibit
1, a true and correct copy of an e-mail from Fadi Yousef on behalf of CP&Y, attached hereto and
incorporated by reference as if set forth verbatim herein.
III.
WHEREFORE, PREMISES CONSIDERED, Defendants pray the Court grant this
Motion for Continuance, and that the Court continue this case from its current trial setting of
August 21, 2023 and reset this matter elsewhere on the Court’s docket. Each Defendant fiirther
prays for such other relief, whether at law or equity, whether individually or together, to which
this Court may see fit to award.
Respectfully Submitted,
/s/ Clark S. Butler
MICHAEL A. MILLER
State Bar No. 14100650
mmiller@mklawpc.com
CLARK S. BUTLER
State Bar No. 00793437
cbutler@mklawpc.com
MILLER KNAUFF LAW FIRM
Three Forest Plaza
12221 Merit Drive, Suite 1210
Dallas, Texas 75251
(469) 916-2552
(469) 916-2555 fax
COUNSEL FOR DEFENDANTS
Defendant’s Motion for Continuance Page 2
CERTIFICATE 0F CONFERENCE
I hereby certify that on July 7, 2023, counsel for Defendants communicated Via e-mail
with counsel for Plaintiff regarding the merits of this motion. Plaintiff s counsel did not respond.
Similarly, the undersigned contacted Plaintiffs counsel on July 13, 2023 regarding the merits of
this motion Via e-mail, including a draft version of this Motion . Plaintiff‘s counsel did not
respond. Accordingly, this Motion is submitted to the Court for its consideration.
/S/ Clark S. Butler
CLARK S. BUTLER
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument has been served
upon all counsel of record as indicated below on this the 17th day of July, 2023.
Via Electronic Service
Kristina N. Kastl
Susan A. Allen
Elissa WeV
Rachel Varughese
KASTL LAW, P.C.
4144 North Central Expressway, Suite 1000
Dallas, Texas, 75204
ATTORNEYS FOR PLAINTIFF
Clark S. Butler
/s/
CLARK S. BUTLER
Defendant’s Motion for Continuance Page 3
Mmmm KNAUW
AT 5 It!!! .\' |-.'\'!-i AL ( '( kl Nil-ll .E ms Ciark Butier <:cbut£er@mkiawpc.com>
[Externau RE: Update, Esparza v. Skinner, Ciaim N0. FZG66?2
1 message
Yousef, Fadi Fri, Juf '1’, 2023 at 12:52 PM
To: Clark Butler <0but3er©mklawpc.com>, "steven.g.skinner@gmail.com" «sieven.gskinner@gmai§.com>, “Pitts, Greg D"
Thanks Ciark. No objection on the motion for continuance on my end.
Senior Legal Counse!
CAUSE NU. BCuZi-l 188$
CESAR ESI’ARZA, § EN TitiE DISTRICT CGURT
Plaintiff, E
vs. 2 1915‘ JUBICiAL DISTRICT
STEVE SKINNER and CI’&Y, ENC, g
Defendants. g DALLAS COUNTY, TEXAS
AFFIDAVIT
STATE OF TEXAS .
§
COUNTY 01? DALLAS i
BEFORE ME, the undersigned authority duly authorized to administer oaths, appeared
Clark S. Butler who, after first being duly sworn and being of sound mind and body and lawful
age, states upon personal knowledge as follows:
My name is Clark S. Butter. I am counsel of record for De-iendants in this matter. I am
an attorney licensed by the State of Texas and other jurisdictions. The facts stated within the
Defendants” Motion for Continuance are within my personal knowledge and are true and correct.
FURTHER, AFFIANT SEYETH NOT
Clark S. Butler
Sworn to and subsoiibed betele me this 37th day oi Jul y_ 2023
QAECAW
NGCFARY’ PUBLiC
STATE 01 TEXAS
My commission expires:
ROBYH E CRUZE
Notary ID #22450?”
\.
My Commission Expires
\’3 OF April 24, 2026
AFFl DAVlT - 1 —
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.
Clark Butler on behalf of Michael Miller
Bar No. 14100650
cbutler@mklawpc.com
Envelope ID: 77598576
Filing Code Description: Motion - Continuance
Filing Description: DEFS ALL
Status as of 7/18/2023 6:57 PM CST
Associated Case Party: CESAR ESPARZA
Name BarNumber Email TimestampSubmitted Status
Kristina N.Kastl kkastl@kastllaw.com 7/17/2023 4:19:17 PM SENT
Sandra Gomez sgomez@kastllaw.com 7/17/2023 4:19:17 PM SENT
Kristina N.Kastl eservice@kastllaw.com 7/17/2023 4:19:17 PM SENT
Sorana Ban sban@kastllaw.com 7/17/2023 4:19:17 PM SENT
Associated Case Party: CP&Y, INC.
Name BarNumber Email TimestampSubmitted Status
Michael Miller mmiller@mklawpc.com 7/17/2023 4:19:17 PM SENT
Robyn Cruze rcruze@mklawpc.com 7/17/2023 4:19:17 PM SENT
Clark Butler cbutler@mklawpc.com 7/17/2023 4:19:17 PM SENT
Britanie Cruze bcruze@mklawpc.com 7/17/2023 4:19:17 PM SENT
Roxana Esquivel resquivel@mklawpc.com 7/17/2023 4:19:17 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
KRISTINA NKASTL eservice@kastllaw.com 7/17/2023 4:19:17 PM SENT
Preview
FILED 7/17/2023 4:19 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Brandon Keys DEPUTY CAUSE NO. DC-21-11880 CESAR ESPARZA, § IN THE DISTRICT COURT Plaintiff, g vs. g 19IST JUDICIAL DISTRICT STEVE SKINNER and CP&Y, INC., g Defendants. g DALLAS COUNTY, TEXAS DEFENDANTS’ MOTION FOR CONTINUAN CE TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW Steve Skinner and CP&Y, Inc., (“Defendants” respectively) in the above- entitled and numbered cause, and files this Motion for Continuance on the grounds the trial setting in this matter conflicts with another setting involving an older case. In support of this motion, Defendants would respectfully show the Honorable Court the following: I. This case is set for a jury trial on August 21, 2023. This is the second trial setting. Counsel for defense is set for trial in Harris County in a case entitled Celeste Valle v. Hard Rock Café International (STP), Inc., A&Q Drywall, and Warwick Construction, Inc., under cause No. 2020-73793, in the 189th District Court of Harris County, Texas on August 22, 2023 and is expected to last at least a week. The Valle case was filed in Harris County on November 16, 2020 and concerns an incident of December 26, 2019. This matter was filed on August 30, 2021. H. Defendants move the court to continue the current trial to eliminate the conflict Defendant’s counsel has with the current trial date in this matter. Defendants request a continuance not for purpose of delay only, but so that justice may be done. To the extent Defendant’s Motion for Continuance Page 1 necessary, counsel has obtained the permission of client CP&Y for this continuance. See Exhibit 1, a true and correct copy of an e-mail from Fadi Yousef on behalf of CP&Y, attached hereto and incorporated by reference as if set forth verbatim herein. III. WHEREFORE, PREMISES CONSIDERED, Defendants pray the Court grant this Motion for Continuance, and that the Court continue this case from its current trial setting of August 21, 2023 and reset this matter elsewhere on the Court’s docket. Each Defendant fiirther prays for such other relief, whether at law or equity, whether individually or together, to which this Court may see fit to award. Respectfully Submitted, /s/ Clark S. Butler MICHAEL A. MILLER State Bar No. 14100650 mmiller@mklawpc.com CLARK S. BUTLER State Bar No. 00793437 cbutler@mklawpc.com MILLER KNAUFF LAW FIRM Three Forest Plaza 12221 Merit Drive, Suite 1210 Dallas, Texas 75251 (469) 916-2552 (469) 916-2555 fax COUNSEL FOR DEFENDANTS Defendant’s Motion for Continuance Page 2 CERTIFICATE 0F CONFERENCE I hereby certify that on July 7, 2023, counsel for Defendants communicated Via e-mail with counsel for Plaintiff regarding the merits of this motion. Plaintiff s counsel did not respond. Similarly, the undersigned contacted Plaintiffs counsel on July 13, 2023 regarding the merits of this motion Via e-mail, including a draft version of this Motion . Plaintiff‘s counsel did not respond. Accordingly, this Motion is submitted to the Court for its consideration. /S/ Clark S. Butler CLARK S. BUTLER CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing instrument has been served upon all counsel of record as indicated below on this the 17th day of July, 2023. Via Electronic Service Kristina N. Kastl Susan A. Allen Elissa WeV Rachel Varughese KASTL LAW, P.C. 4144 North Central Expressway, Suite 1000 Dallas, Texas, 75204 ATTORNEYS FOR PLAINTIFF Clark S. Butler /s/ CLARK S. BUTLER Defendant’s Motion for Continuance Page 3 Mmmm KNAUW AT 5 It!!! .\' |-.'\'!-i AL ( '( kl Nil-ll .E ms Ciark Butier <:cbut£er@mkiawpc.com> [Externau RE: Update, Esparza v. Skinner, Ciaim N0. FZG66?2 1 message Yousef, Fadi Fri, Juf '1’, 2023 at 12:52 PM To: Clark Butler <0but3er©mklawpc.com>, "steven.g.skinner@gmail.com" «sieven.gskinner@gmai§.com>, “Pitts, Greg D" Thanks Ciark. No objection on the motion for continuance on my end. Senior Legal Counse! CAUSE NU. BCuZi-l 188$ CESAR ESI’ARZA, § EN TitiE DISTRICT CGURT Plaintiff, E vs. 2 1915‘ JUBICiAL DISTRICT STEVE SKINNER and CI’&Y, ENC, g Defendants. g DALLAS COUNTY, TEXAS AFFIDAVIT STATE OF TEXAS . § COUNTY 01? DALLAS i BEFORE ME, the undersigned authority duly authorized to administer oaths, appeared Clark S. Butler who, after first being duly sworn and being of sound mind and body and lawful age, states upon personal knowledge as follows: My name is Clark S. Butter. I am counsel of record for De-iendants in this matter. I am an attorney licensed by the State of Texas and other jurisdictions. The facts stated within the Defendants” Motion for Continuance are within my personal knowledge and are true and correct. FURTHER, AFFIANT SEYETH NOT Clark S. Butler Sworn to and subsoiibed betele me this 37th day oi Jul y_ 2023 QAECAW NGCFARY’ PUBLiC STATE 01 TEXAS My commission expires: ROBYH E CRUZE Notary ID #22450?” \. My Commission Expires \’3 OF April 24, 2026 AFFl DAVlT - 1 — 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. Clark Butler on behalf of Michael Miller Bar No. 14100650 cbutler@mklawpc.com Envelope ID: 77598576 Filing Code Description: Motion - Continuance Filing Description: DEFS ALL Status as of 7/18/2023 6:57 PM CST Associated Case Party: CESAR ESPARZA Name BarNumber Email TimestampSubmitted Status Kristina N.Kastl kkastl@kastllaw.com 7/17/2023 4:19:17 PM SENT Sandra Gomez sgomez@kastllaw.com 7/17/2023 4:19:17 PM SENT Kristina N.Kastl eservice@kastllaw.com 7/17/2023 4:19:17 PM SENT Sorana Ban sban@kastllaw.com 7/17/2023 4:19:17 PM SENT Associated Case Party: CP&Y, INC. Name BarNumber Email TimestampSubmitted Status Michael Miller mmiller@mklawpc.com 7/17/2023 4:19:17 PM SENT Robyn Cruze rcruze@mklawpc.com 7/17/2023 4:19:17 PM SENT Clark Butler cbutler@mklawpc.com 7/17/2023 4:19:17 PM SENT Britanie Cruze bcruze@mklawpc.com 7/17/2023 4:19:17 PM SENT Roxana Esquivel resquivel@mklawpc.com 7/17/2023 4:19:17 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status KRISTINA NKASTL eservice@kastllaw.com 7/17/2023 4:19:17 PM SENT