Motion for Stipulated Judgment in Stacey Diamond, Et Al vs. Bradford Wood Collier| Trellis.Law

On October 09, 2020 a Motion-Secondary was filed involving a dispute between Diamond, Jeffrey, Diamond, Stacey, and Collier, Bradford Wood, Everett Financial, Inc., Pu Pineda, Henrry Adonias, Texas Ally Real Estate Group, Llc, for Other Civil - Cases in the District Court of Galveston County.

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Filed: 12/13/2022 12:27 PM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 70962810
By: Shailja Dixit
12/13/2022 12:47 PM

CAUSE NO.: 20-CV-1458

STACEY DIAMOND AND JEFFREY § IN THE DISTRICT COURT OF
DIAMOND §
§
Plaintiffs, §
v. § GALVESTON COUNTY, TEXAS
§
BRADFORD WOOD COLLIER §
§
Defendant. § 122ND JUDICIAL DISTRICT

PLAINTIFFS’ OBJECTION TO DEFENDANT’S OPPOSED MOTION FOR LEAVE TO
DESIGNATE RESPONSIBLE THIRD PARTY

COMES NOW, Plaintiffs, Stacey Diamond and Jeffrey Diamond (collectively referred to

as “Plaintiffs”), and file this, their Objection to Defendant’s Opposed Motion for Leave to

Designate Responsible Third Party. In support thereof, Plaintiffs would respectfully show the

Court as follows:

This lawsuit arises out of the fraudulent, negligent, and tortious acts committed by

Defendant, Everett Financial, Inc. d/b/a Supreme Lending (hereinafter referred to as “Defendant”

or “Supreme Lending”) in connection with the One to Four Family Residential Contracts executed

by Bradford Collier for the purchase of real property located at the following addresses: 1615

Postoffice Street, Galveston, Texas 77550, and 2901 Ave O, Galveston, Texas 77550, which

proximately caused Plaintiffs, the Sellers of 1615 Postoffice Street, Galveston, Texas 77550, to

sustain significant damages and harm.

Per the Court’s Docket Control Order, this case is currently set for trial on January 2, 2023.

Ex. A.
On December 1, 2022, Defendant filed its Opposed Motion for Leave to Designate Henrry

Adonias Pu, Bradford Wood Collier, and Texas Ally Real Estate Group, LLC as Responsible Third

Parties.

II.

Section 33.004 of the Texas Civil Practice and Remedies Code provide, in pertinent part,

as follows:

A defendant may seek to designate a person as a responsible third party by filing a motion
for leave to designate that person as a responsible third party. The motion must be filed on
or before the 60th day before the trial date unless the court finds good cause to allow the
motion to be filed at a later date.

TEX. CIV. PRAC. & REM. CODE § 33.004(a) (emphasis added).

As discussed above, Defendant’s Opposed Motion for Leave to Designate Responsible

Third Party on The Court should deny Defendant’s Opposed Motion for Leave to Designate

Henrry Adonias Pu, Bradford Wood Collier, and Texas Ally Real Estate Group, LLC as

Responsible Third Parties was filed on December 1, 2022 – 32 days before the current trial date

of January 2, 2023 – thereby rendering the same untimely. See TEX. CIV. PRAC. & REM. CODE

§ 33.004(a); In re Coppola, 535 S.W.3d 506, 507–08 (Tex. 2017); In re Unitec Elevator Services,

178 S.W.3d 53, 59 (Tex. App.—Houston [1st Dist.] 2005, orig. proceeding) (finding that elevator

services company failed to establish good cause supporting allowance of untimely motion to

designate electric company as responsible third party in elevator passengers' action to recover for

injuries sustained when elevator fell three stories; although electric company had been named as a

defendant but was nonsuited within sixty days of trial, elevator services company had over 18

months to seek leave to designate electric company as a responsible third party, knowing that

passengers could non-suit their claims at any time).

2
As such, the Court should deny Defendant’s Opposed Motion for Leave to Designate

Responsible Third Party because the Motion was filed less than 60 days before the current trial

date, and Defendant has failed to show good cause for the untimely filing of said Motion.

III.

WHEREFORE, PREMISES CONSIDERED, Plaintiffs respectfully request that the Court

deny Defendant’s Opposed Motion for Leave to Designate Responsible Third Party, and that the

Court grant such other and further relief to which Plaintiffs may show themselves justly entitled.

Respectfully submitted,

J. DIAMOND AND ASSOCIATES, PLLC
/s/ Carla S. Courtney
Carla S. Courtney
State Bar No. 24115455
Taylor Diamond
State Bar No. 24109809
1111 North Loop West, Ste. 500
Houston, Texas 77008
Telephone (713) 227-6800
Facsimile (713) 227-6801
Service@jdiamondandassociates.com
Carla@jdiamondandassociates.com
Taylor@jdiamondandassociates.com

ATTORNEYS FOR PLAINTIFFS

3
CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing instrument was served on all
counsel of record, on this 13th day of December, 2022, pursuant to the Texas Rules of Civil
Procedure.

/s/ Carla S. Courtney
Carla S. Courtney

4
EXHIBIT
A
I.

Filéd: 6/29/2022 3:41 PM
Envelope No. 65900291

CAUSE N0. 2.0.-CY__-.14.5,.8 .
..
22 JUH 30
PH 2. L
6
STACEY DIAMOND AND
'

{EFEREYUDIAMQND § 1N THE JUDICIAL DISTRIMURT. N
v
QM
_

vs ~ § 0F GALVESTON covm‘iﬂ éﬁ’rcfﬂi?
BRADFORD WOOD COLLIER TEXAS
§ 122M) DISTRICT COURT

DISCOVERY AND DOCKET CONTROL ORDER

1. 21/01/2022 New Parties shall be joined and served by this date.
__ _

2 2212;312022 EXPERTS for a11 Plaintiffs shall be designated by this date.

3. “10/21/2022 _
~

EXPERTS for a11 OTHER PARTIES shau be designated by this date (30 days after
date Plaintiff’s experts are ordered to be designated).

Any party designating a testifying expert witness is ORDERED to provide no later than the dates set for such
designation, the information set forth in Rule 194.2(t) and a written report prepared by the expert setting out the
substance of the experts opinions.

An expert not designated pn'or to the ordered deadlines shall not be permitted to testify absent a showing
of good cause.

4. 111303022
’
.. Mediation shall be completed by this date. Report to be ﬁled with court on or before this
date. Objections to mediation must be ﬁled within thirty days of this date. Case will not
proceed to trial unless mediation is complete.

All parties agree to participate in mediation with the following person to serve as mediator;

Name; Iudge Alice Oliver -Par__ro_tt >

AddreSS' 3605 KaIV Freeway Suite. 10.4
Houston, TX 77007..
Phone: 713- 22-2- 6338... ..

Fax No.
Plainﬁff’slla'ttol‘f
n'ey shall provide a copy of the DCO to the mediator named herein.

5. 11/18/2022. DISCOVERY deadlines controlled by designation of case. Counsel may by wn'tten
_
agreement continue discovery beyond this deadline. Such continued discovery, however,
will not delay the trial date without the Court’s approval.

Level One-(Rule 190.2) Discovery shall be completed 30 days before the date set for
trial.

No. of hours per side for oral depositions: H __ _ '_ _
_

No. of written interrogatories that maybe served by any party on another party:
(Excluding interrogatories asking a party to identify or authenticate
speciﬁed documents).

_X___w Level Two-(Rule 190.3) Discovery shall be completed the earlier of 30 days before the
date set for trial or 9 months after the date of the ﬁrst oral deposition of the due date of
the ﬁrst response to written discovery. /2—0—_—c-\—,;
1458
DCDOCO
Docket Control Order
2399910

I‘ll
Level Three—(Rule 190.4) Discovery shall be completed by this date.

No. of hours per side for oral depositions: MW
__F_.__~
No. of written interrogatories that maybe served by any party on another party:
(Excluding interrogatories asking a party to identify or authenticate
speciﬁed documents).

6. _13[931§921 >
Pleadings must be amended or supplemented by this date, except by written agreement of
a1] parties.

7.
__
Moderated Settlement Conference. Per of the Civil Practice and Remedies
rule 154.025
Code the parties are requested to participate in a Moderated Settlement Conference

8. 12/02/2022 DEADLINE To FILE ALL MOTIONS, except Motions in Limine, AND FOR
MOVANT TO SECURE DATES AND TMES FOR HEARINGS NO HEARINGS WEL BE SET
UNTIL A MOTION AND ORDER SETTING HEARING ARE ON FILE WITH THE CLERK. This
includes motions to exclude expert testimony and any other challenges to expert testimony. (Six weeks
prior to pre-trial)
\.

12/19/2022 9:00 A. .M. Pre-Trial Conference
9. at set. Court will only hear announcement
of parties ﬁnd nibtiéns t6 canﬁhue at this setting. Failure to appear will be grounds for dismissal for want of
prosecution.

10. __91/02/2023 at 9100 A. M.
by Jury is set. Prior to commencement of voir dire
. Trial
partiesméf'e' brdered to exchange the féllowing and discuss what the parties will agree to and what issues are
contested:

Proposed jury instructions and questions
Motion in Limine
Exhibit list

Labeled and numbered exhibits
Witness lists (inform court at earliest opportunity of scheduling problems
relating to witnesses)

11. at .m. Trial before Court is set.

Proposed Findings of Fact and Conclusions of Law to be exchanged prior to trial date.

Written notice must be given to the Court of any changes in this DCO. This includes settlement, Rule 11
Agreements, cancellation of hearings, etc. Numllers 8, 9, 10 or 11 cannot be changed without leave of the

:I:;;M __
_
W'- gm
saw ﬁ.w
(??:??EIWWT
JOHN BLLI‘S‘O'R, JUDGE
122ND JUDICIAL DISTRICT COURT

Blgase see subsequent pagegﬂ
APPROVED AS TO FORM AND ENTRY REQUESTED, SIGNED:

J. DIAMOND AND ASSOCIATES, PLLC
/s/ Taylor Diamond
Carla Courtney
S.

State Bar N0. 241 15455
Taylor Diamond
StateBar No. 24109809
730 North Loop
Houston, Texas 77009
Telephone (713) 227-6800
Facsimile (713) 227-6801
Service@j diamondandas’sociates.com
Carla@j diamondandassociates.com
Taylor@j diamondandassociates.com

ATTORNEYS FOR PLAINTIFFS
JEFFREY DIAMOND AND STACEY DIAMOND

SHEINESS, GLOVER & GROSSMAN
By: /s/ Steven D. Grossman (by permission)
Steven D. Grossman
State Bar 0f Texas: 08547800
4544 Post Oak Place Dr., Ste. 270
Houston, Texas 77027
(713) 374-7015 — Telephone
(713) 374-7049 — Facsimile
Email: sg-rossman@hou-law.com

ATTORNEYS FOR DEFENDANTS
HENRY ADONIAS PU PINEDA AND
BRADFORD WOOD COLLIER

BRADLEY ARANT BOULT CUMMINGS LLP

By: /s/ Gabriella E. Alonso (by permission)
Gabriella E. Alonso
Texas Bar No. 241 13527
galonso@bradley.com
Robert H. Ford
Texas Bar No; 2407421 9 .

rford@bradley.com
600 Travis, Suite 4800
Houston, Texas 77002
Telephone: 713-576-0300
Facsimile: 713-576-0301
Keith S. Anderson
Texas Bar N0. 24075789
One Federal Place
1819 Fifth Avenue North
Birmingham, Alabama 35203
(205) 521-8000 Telephone
(205) 488-6714 Telecopier
ATTORNEYS FOR DEFENDANT
EVERETT FINANCIAL, INC. D/B/A SUPREME LENDING

GAUNTT, KOEN, BINNEY & KIDD, LLP
By: /s/ Tom O ’Connell (by permission)
Tom O’Connell
Texas Bar N0. 15 1 80700
Tom.oconnell@gkbklaw.com
25700 I-45 North, Ste. 130
Spring, Texas 77386
Telephone: (281) 367-6555
Facsimile: (281) 367-3705
ATTORNEY FOR DEFENDANT
TEXAS ALLY REAL ESTATE GROUP, LLC
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.

J Diamond on behalf of Carla Courtney
Bar No. 24115455
service@jdiamondandassociates.com
Envelope ID: 70962810
Status as of 12/13/2022 12:47 PM CST

Associated Case Party: Stacey Diamond

Name BarNumber Email TimestampSubmitted Status

Taylor Diamond 24109809 service@jdiamondandassociates.com 12/13/2022 12:27:23 PM SENT

Alyssa Gibson JDAP013@jdiamondandassociates.com 12/13/2022 12:27:23 PM SENT

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Thomas FO'Connell tom.oconnell@gkbwklaw.com 12/13/2022 12:27:23 PM SENT

Steven D.Grossman sgrossman@hou-law.com 12/13/2022 12:27:23 PM SENT

Keith Anderson 24075789 kanderson@bradley.com 12/13/2022 12:27:23 PM SENT

Robert Ford 24074219 rford@bradley.com 12/13/2022 12:27:23 PM SENT

Tonya Brantley tonya.brantley@gkbklaw.com 12/13/2022 12:27:23 PM SENT

Gabriella Alonso 24113527 galonso@bradley.com 12/13/2022 12:27:23 PM SENT

Angela Davis adavis@bradley.com 12/13/2022 12:27:23 PM SENT

Taylor Diamond taylor@jdiamondandassociates.com 12/13/2022 12:27:23 PM SENT

Laura Garcia JDAP013@jdiamondandassociates.com 12/13/2022 12:27:23 PM SENT

Adaly Rendon adaly.rendon@bradley.com 12/13/2022 12:27:23 PM SENT

Carla S.Courtney carla@jdiamondandassociates.com 12/13/2022 12:27:23 PM SENT

Rebeka Harricharran jdap4@jdiamondandassociates.com 12/13/2022 12:27:23 PM SENT

Case Info

Judge

Ellisor, John Track Judge’s New Case

Case No.

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Document Filed Date

December 13, 2022

Case Filing Date

October 09, 2020

County

Parties

Carla Courtney Attorney for the Plaintiff
Collier, Bradford Wood Defendant
Diamond, Jeffrey Plaintiff
Diamond, Stacey Plaintiff
Everett Financial, Inc. Defendant
Gabriella E Alonso Attorney for the Defendant
Pu Pineda, Henrry Adonias Defendant
Steven D. Grossman Attorney for the Defendant
Texas Ally Real Estate Group, LLC Defendant
Thomas F. O'Connell Attorney for the Defendant
Taylor Diamond Attorneys for Plaintiffs
Robert Ford Attorneys for Defendants
Keith Anderson Attorneys for Defendants
James Collura Attorneys for Defendants

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Motion-Secondary: Stacey Diamond, Et Al vs. Bradford Wood Collier

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