Motion,Ex Parte: John Myers vs. Dolgencorp of Texas, Inc. d/b/a Dollar General,Blackhorse Environmental, LLC,Willis (830) DTP, LLC, Violet Derby, Violet Derby, as Executor of the Estate of Newton Derby, N and V Derby Trust

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                                CAUSE NO. 22          08082

JOHN MYERS,                                               INTHE DISTRICT COURT
Plaintiff


                                                         457th J UDICIAL DISTRICT
DOLGENCORP OF TEXAS, INC.,
BLACKHORSE ENVIRONMENTAL,
LLC, WILLIS (830) DIP, LLC,
VIOLET DERBY, THE ESTATE OF                              MONTGOMERY COUNTY,
NEWTON DERBY, NAND       V DERBY                         TEXAS
TRUST
Defendants.



                       MOTION FOR LEAVE TO FILE BRIEF INOPPOSITIONTO
DEFENDANT        BLACKHORSE         ENVIRONMENTAL,             LLC’S MOTION       FOR SUMMARY
                                           JUDGEMENT

Comes now Plaintiff, John Myers, (“Plaintiff”) and files this Motion for Leave to File its Response

in Opposition to Defendant Blackhorse Environmental, LLC’s Motion for Summary Judgment; and

for good cause would show the Court the following:

                                           ARGUMENT

Rule 166(a) states that a brief in opposition to a motion for summary judgment should be filed at

least seven days before the date of the hearing. In this case, the matteris being heard by submission

rather than by hearing. Counsel for Plaintiff erroneously relied on Local Rule        which states that

responses to contested motions are due as required by the law and/or Texas Rules of Civil Procedure,

but in no event less than 24 hours before the date and time of consideration of the Court. Counsel

for Plaintiff interpreted the Local Rule to indicate that briefs for motions to be heard by submission

could be submitted up to 24 hours before the date of submission.

Further, Plaintiff is not seeking to have the Motion for Summary Judgment denied.          Plaintiff is

merely seeking to have the Court delay ruling on the Motion for Summary Judgment until discovery
has closed and Plaintiff is able to confirm that the condition which injured Plaintiff was not in fact

created by Defendant Blackhorse Environmental, LLC. If the condition was created by a different

party, Plaintiff will non-suit Defendant Blackhorse Environmental, LLC.

                                     PRAYER FOR RELIEF

Plaintiff prays this Court grant its Motion for Leave to file its Brief in Opposition to the Motion

for Summary Judgment.




                                                       Respectfully submitted,


                                                       THE EsTES LAW FirM, P.C

                                                       By: (s/ John Cruickshank
                                                       John Cruickshank
                                                       Texas Bar No. 24045730
                                                       john@ cruickshank.attomey
                                                       716 S. Union St.
                                                       Richmond, Texas 77469
                                                       Tel. (281) 238-5400
                                                       Fax. (281) 238-9964
                                                       Attorneys for Plaintiff
CERTIFICATE OF SERVICE

        I certify that on the 7" day of February, 2023, a true and correct copy of Plaintiffs' Brief in
Opposition to Defendant’s Motion for Summary Judgment was e-filed and served on:

Kinsey Lakey
kinsey@ hermes-law.com
Leslie Davis
leslie@ hermes-law.com
Hermes Law
Counsel for Violet Derby and the N and V Derby Trust

Stefan A. Ginnard
sginnard@ lucerowollman.com
Gina A. Lucero
glucero@lucerowollam.com
Lucero Wollam, PLLC
Counsel for Defendant Dolgencorp of Texas, Inc.

Wayne Walters
walters@ ramseyandmurray.com
Ramsey & Murray, P.C.
Counsel for Defendant Blackhorse Environmental, LLC



                                               Is)   Gotu Cautckshank
                                               By: John Cruickshank