On August 06, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Lindsey, Daryl,
and
Jackson, Jaime, Jr,
for MOTOR VEHICLE ACCIDENT
in the District Court of Dallas County.
Preview
FILED
8/14/202310:12 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Margaret Thomas DEPUTY
CAUSE NO. DC-20-10742
DARYL LINDSEY, IN THE DISTRICT COURT Of
§§§§§
V. DALLAS COUNTY, TEXAS
JAIME JACKMAN, JR. 193M JUDICIAL DISTRICT
PLAINITFF’S MOTION TO ENFORCE SETTLEMENT AGREEMENT
AND FOR SAN CTIONS
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW DARYLY LINDSEY, hereinafter called Plaintiff, complaining
of JAIME JACKlVIAN, JR., hereinafter called Defendant, and for cause of action
against said Defendants, would respectfully Show the Court and Jury as follows:
I.
On or about September 9, 2019, Plaintiff was injured in an automobile accident
involving the Defendant. The case was finally settled, just before trial, on June 15,
2023. Defendant subsequently failed to send a release or any settlement documents
for two weeks. The releases and drafting instructions were sent to Defendant on July
5, 2023. To date, despite many requests, payment has not been received in the office
of Plaintiffs attorney.
II. RULE 13 SANCTIONS
Defendant has failed to pay the agreed settlement and as such is in breach of
the agreement in that the payment has been delayed in excess of This delay
was caused by doing the necessary work required to comply with the settlement
agreement.
III.
WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that
the Defendant be ordered to comply with the settlement agreement and issue
payment immediately. Further, Plaintiff asks this court for a ruling for Sanctions
against Defendant in the amount of $3,000.00. None of these pleadings and motions
should be required. Defense counsel and her employer should be held accountable for
their lack of effort to resolve this matter.
Respectfully submitted,
Glaze I Garrett
Andrew M. Birdsell
Texas Bar No. 24077966
P.O. Box 1599
Gilmer, Texas 75644
T: 903-843-2323/ F: 888-511-1225
a.birdsell@glazegarrett.com
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing instrument
has been served upon all counsel of record Via the Court’s electronic filing/service
system, email, and/or facsimile, pursuant to Rule 21a, T.R.C.P., on this August 14,
2023.
Andrew M. Birdsell
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.
Andrew Birdsell on behalf of Andrew Birdsell
Bar No. 24077966
a.birdsell@glazegarrett.com
Envelope ID: 78523481
Filing Code Description: Miscellanous Event
Filing Description: Plaintiff‘s Motion to Enforce Settlement Agreement and
for Sanctions
Status as of 8/15/2023 8:27 AM CST
Associated Case Party: JAIME JACKSON
Name BarNumber Email TimestampSubmitted Status
Denise LCampbell campbell@mdzlegalgroup.law 8/14/2023 10:12:09 PM SENT
Denise Campbell campbell@mdzlegalgroup.com 8/14/2023 10:12:09 PM ERROR
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Jordan Glaze j.glaze@glazegarrett.com 8/14/2023 10:12:09 PM SENT
Joshua Garrett j.garrett@glazegarrett.com 8/14/2023 10:12:09 PM SENT
Patricia Carrillo p.carrillo@glazegarrett.com 8/14/2023 10:12:09 PM SENT
Teri Turner t.turner@glazegarrett.com 8/14/2023 10:12:09 PM SENT
ANDREW BIRDSELL a.birdsell@glazegarrett.com 8/14/2023 10:12:09 PM SENT
Document Filed Date
August 14, 2023
Case Filing Date
August 06, 2020
Category
MOTOR VEHICLE ACCIDENT
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FILED 8/14/202310:12 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Margaret Thomas DEPUTY CAUSE NO. DC-20-10742 DARYL LINDSEY, IN THE DISTRICT COURT Of §§§§§ V. DALLAS COUNTY, TEXAS JAIME JACKMAN, JR. 193M JUDICIAL DISTRICT PLAINITFF’S MOTION TO ENFORCE SETTLEMENT AGREEMENT AND FOR SAN CTIONS TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW DARYLY LINDSEY, hereinafter called Plaintiff, complaining of JAIME JACKlVIAN, JR., hereinafter called Defendant, and for cause of action against said Defendants, would respectfully Show the Court and Jury as follows: I. On or about September 9, 2019, Plaintiff was injured in an automobile accident involving the Defendant. The case was finally settled, just before trial, on June 15, 2023. Defendant subsequently failed to send a release or any settlement documents for two weeks. The releases and drafting instructions were sent to Defendant on July 5, 2023. To date, despite many requests, payment has not been received in the office of Plaintiffs attorney. II. RULE 13 SANCTIONS Defendant has failed to pay the agreed settlement and as such is in breach of the agreement in that the payment has been delayed in excess of This delay was caused by doing the necessary work required to comply with the settlement agreement. III. WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that the Defendant be ordered to comply with the settlement agreement and issue payment immediately. Further, Plaintiff asks this court for a ruling for Sanctions against Defendant in the amount of $3,000.00. None of these pleadings and motions should be required. Defense counsel and her employer should be held accountable for their lack of effort to resolve this matter. Respectfully submitted, Glaze I Garrett Andrew M. Birdsell Texas Bar No. 24077966 P.O. Box 1599 Gilmer, Texas 75644 T: 903-843-2323/ F: 888-511-1225 a.birdsell@glazegarrett.com ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing instrument has been served upon all counsel of record Via the Court’s electronic filing/service system, email, and/or facsimile, pursuant to Rule 21a, T.R.C.P., on this August 14, 2023. Andrew M. Birdsell 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. Andrew Birdsell on behalf of Andrew Birdsell Bar No. 24077966 a.birdsell@glazegarrett.com Envelope ID: 78523481 Filing Code Description: Miscellanous Event Filing Description: Plaintiff‘s Motion to Enforce Settlement Agreement and for Sanctions Status as of 8/15/2023 8:27 AM CST Associated Case Party: JAIME JACKSON Name BarNumber Email TimestampSubmitted Status Denise LCampbell campbell@mdzlegalgroup.law 8/14/2023 10:12:09 PM SENT Denise Campbell campbell@mdzlegalgroup.com 8/14/2023 10:12:09 PM ERROR Case Contacts Name BarNumber Email TimestampSubmitted Status Jordan Glaze j.glaze@glazegarrett.com 8/14/2023 10:12:09 PM SENT Joshua Garrett j.garrett@glazegarrett.com 8/14/2023 10:12:09 PM SENT Patricia Carrillo p.carrillo@glazegarrett.com 8/14/2023 10:12:09 PM SENT Teri Turner t.turner@glazegarrett.com 8/14/2023 10:12:09 PM SENT ANDREW BIRDSELL a.birdsell@glazegarrett.com 8/14/2023 10:12:09 PM SENT