Motion,Ex Parte: Misty Wagner and Mason Eugene Wagner, Jr. V. Wesley Wagner and his heirs, Known and Unknown

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                                NO. 21-06-07684

MISTY WAGNER and MASON                                 §   IN THE DISTRICT COURT
EUGENE WAGNER, JR.
Plaintiff,                                             §
                                                       §
Vv.                                                    §   284th JUDICIAL DISTRICT

WESLEY WAGNER and his heirs,
known and unknown, JANIS WAGNER,
MATTHEW WAGNER, LESLEY                                     OF MONTGOMERY COUNTY, TEXAS
WAGNER, KARLEE GASCAMP,
TRACY PURSCHE AND STEPHEN
CURL
Defendant.

                                PLAINTIFF'S MOTION TO RETAIN

TO THE HONORABLE JUDGE OF SAID COURT:


        NOW        COME    plaintiffs   , MASON EUGENE WAGNER, JR. and MISTY WAGNER,

hereinafter, complaining of and about any and all heirs of WESLEY WAGNER, hereinafter called

Defendants, known         and unknown,    and for cause of action would    show unto the Court the

following:


                                                   I

        The parties hereto have obtained a consent judgment with regard to resolution of the case

with three of the 5 defendants. The remaining two defendants are out of state and it is anticipated

that the remaining two consent judgments will be obtained shortly. Accordingly, Plaintiffs request

that the Court retain the case as it is anticipated that the remaining defendants will sign off in the

next sixty days.

        agreed to mediate the case in an attempt to resolve it rather than broach the issue of Venue.

This was decided by the Court on or about August 14, 2020. Since that time Plaintiff has set up a
WHEREFORE,    PREMISES      CONSIDERED,         Plaintiff prays that this cause will be

reinstated on the docket, and for such other and further relief to which Plaintiff may be justly

entitled



                                            Respectfully submitted.

                                            Pepper & As;
                                                             &
                                                              ayofC
                                            By:
                                                  Abetew L. PEPPER *
                                                                        Mbit
                                                  Texas Bar No. 24066817
                                                  Email: pepperlaw@msn.com
                                                  10200 Grogans Mill Rd.
                                                  Suite 235
                                                  The Woodlands,      TX 77380
                                                  Tel. (281) 367-2266
                                                  Fax. (281) 292-6072
                                                  Attorney for Plaintiff
                                                  MASON      EUGENE        WAGNER,       JR.   and
                                                  MISTY WAGNER
CERTIFICATE OF SERVICE

        I certify that on April 20, 2022 a true and correct copy of Plaintiff's Motion To Retain case




                                                            L,
was served on all counsel of record was served on all counselof record el ee              through the
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electronic filing manager.
                                                 ii
                                              MATTHEW L. PEPEY, --
                                                                       lye