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FILED
9/25/2023 2:58 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Rosa Delacerda DEPUTY
NO. DC-22- 14040
DEQUALON WYATT SR., § IN THE DISTRICT COURT
Plaintiff, §
§
§
V. § 116TH DISTRICT COURT
§
CITY OF DALLAS, §
Defendant. § DALLAS COUNTY, TEXAS
CITY’S OF DALLAS’S MOTION FOR CONTINUANCE
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES, Defendant, the City of Dallas (the “City”), in the above-entitled cause of
action, and presents this, its Motion for Continuance, and would respectfully show unto the Court
the following:
I.
This case is currently set for a jury trial on October 23, 2023. This is the first request for a
continuance from the City of Dallas.
H.
This case arises out of a motor vehicle collision occurring on February 10, 2021, between
Plaintiff, Dequalon Wyatt, and Dallas Police Department Officer, Mark Ayala, while he was on
patrol, and dispatched through the 9-1-1 system and was assigned to respond to a “Priority 3
—
General Service” collision to provide cover for a “lMan” incident at Southbound 3801 Julius
Schepps Freeway in Dallas, Texas. The City asserts that it is immune from Wyatt’s claim and has
timely filed its plea to the jurisdiction on September 9, 2023 (more than 3O days before trial).
However, due to limited availability on the Court’s docket for a hearing prior to the trial setting,
the City has been unable to set its plea to the jurisdiction for hearing. Given that the City timely
filed its motion, the City’s entitlement to immunity promotes judicial efficiency, and will assist
Motion for Continuance Page l
each party in assessing and controlling costs prior to trial, the City’s request for a continuance is
reasonable and in good faith. Moreover, the requested continuance is critical to the ultimate
resolution of this matter.
III.
The City of Dallas requests that this Court remove this case from the jury trial docket of
October 23, 2023 to February 20, 2024 (120 days) and continue the deadlines for the hearing of
dispositive motions and mediation in accordance with the new jury trial date.
IV.
This request for continuance is not sought for delay, but solely to see that justice may be
done.
WHEREFORE, PREMISES CONSIDERED, the City of Dallas respectfully prays that this
Honorable Court grant its Motion for Continuance, remove this cause from the trial docket of
October 23, 2023, and continue this case to the next available jury trial docket on or after February
20, 2024, continue the deadlines for the hearing of dispositive motions and mediation in
accordance with the new jury trial date, and for such other and further relief, as to which the City
of Dallas may be entitled.
Motion for Continuance Page 2
Respectfully submitted,
CITY ATTORNEY OF THE CITY OF
DALLAS
Tammy L. Palomino
Interim City Attorney
/s/ Devin 0. Alexander
DEVIN Q. ALEXANDER
Assistant City Attorney
Texas State Bar No. 24104554
Email: deVin.alexander@dallascityhall.com
City Attorney’s Office
1500 Marilla Street, Room 7D North
Dallas, Texas 75201
Telephone: 214-670-3519
Telecopier: 214-670-0622
ATTORNEYS FOR DEFENDANT
CITY OF DALLAS
CERTIFICATE OF CONFERENCE
This is to certify that on September 22, 2023, Counsel for Defendant conferred with
Plaintiff s Counsel regarding Defendant’s Motion for Continuance Via email, and he indicated that
his client was opposed. Thus, the City’s Motion for Continuance is submitted to the Court for
determination.
/s/ Devin 0. Alexander
DEVIN Q. ALEXANDER
Motion for Continuance Page 3
CERTIFICATE 0F SERVICE
On September 25, 2023, a true and correct copy of the foregoing was served in accordance
with the Texas Rules of Civil Procedure.
/s/ Devin 0. Alexander
DEVIN Q. ALEXANDER
Motion for Continuance Page 4
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.
Rhonda Lee on behalf of Devin Alexander
Bar No. 24104554
rhonda.lee@dallas.gov
Envelope ID: 79908900
Filing Code Description: Motion - Continuance
Filing Description:
Status as of 9/25/2023 3:06 PM CST
Associated Case Party: CITY OF DALLAS
Name BarNumber Email TimestampSubmitted Status
Devin Q.Alexander devin.alexander@dallascityhall.com 9/25/2023 2:58:45 PM SENT
Donna Hinkle donna.hinkle@dallas.gov 9/25/2023 2:58:45 PM SENT
Associated Case Party: DEQUALON WYATT
Name BarNumber Email TimestampSubmitted Status
JAMES BAUGUSS |||
ESERVICE@BENBBOTT.COM 9/25/2023 2:58:45 PM SENT
JAMES BAUGUSS |||
ESERVICE@BENABBOTT.COM 9/25/2023 2:58:45 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Lauren Hopkins lauren.hopkins@dallas.gov 9/25/2023 2:58:45 PM SENT
Preview
FILED 9/25/2023 2:58 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Rosa Delacerda DEPUTY NO. DC-22- 14040 DEQUALON WYATT SR., § IN THE DISTRICT COURT Plaintiff, § § § V. § 116TH DISTRICT COURT § CITY OF DALLAS, § Defendant. § DALLAS COUNTY, TEXAS CITY’S OF DALLAS’S MOTION FOR CONTINUANCE TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES, Defendant, the City of Dallas (the “City”), in the above-entitled cause of action, and presents this, its Motion for Continuance, and would respectfully show unto the Court the following: I. This case is currently set for a jury trial on October 23, 2023. This is the first request for a continuance from the City of Dallas. H. This case arises out of a motor vehicle collision occurring on February 10, 2021, between Plaintiff, Dequalon Wyatt, and Dallas Police Department Officer, Mark Ayala, while he was on patrol, and dispatched through the 9-1-1 system and was assigned to respond to a “Priority 3 — General Service” collision to provide cover for a “lMan” incident at Southbound 3801 Julius Schepps Freeway in Dallas, Texas. The City asserts that it is immune from Wyatt’s claim and has timely filed its plea to the jurisdiction on September 9, 2023 (more than 3O days before trial). However, due to limited availability on the Court’s docket for a hearing prior to the trial setting, the City has been unable to set its plea to the jurisdiction for hearing. Given that the City timely filed its motion, the City’s entitlement to immunity promotes judicial efficiency, and will assist Motion for Continuance Page l each party in assessing and controlling costs prior to trial, the City’s request for a continuance is reasonable and in good faith. Moreover, the requested continuance is critical to the ultimate resolution of this matter. III. The City of Dallas requests that this Court remove this case from the jury trial docket of October 23, 2023 to February 20, 2024 (120 days) and continue the deadlines for the hearing of dispositive motions and mediation in accordance with the new jury trial date. IV. This request for continuance is not sought for delay, but solely to see that justice may be done. WHEREFORE, PREMISES CONSIDERED, the City of Dallas respectfully prays that this Honorable Court grant its Motion for Continuance, remove this cause from the trial docket of October 23, 2023, and continue this case to the next available jury trial docket on or after February 20, 2024, continue the deadlines for the hearing of dispositive motions and mediation in accordance with the new jury trial date, and for such other and further relief, as to which the City of Dallas may be entitled. Motion for Continuance Page 2 Respectfully submitted, CITY ATTORNEY OF THE CITY OF DALLAS Tammy L. Palomino Interim City Attorney /s/ Devin 0. Alexander DEVIN Q. ALEXANDER Assistant City Attorney Texas State Bar No. 24104554 Email: deVin.alexander@dallascityhall.com City Attorney’s Office 1500 Marilla Street, Room 7D North Dallas, Texas 75201 Telephone: 214-670-3519 Telecopier: 214-670-0622 ATTORNEYS FOR DEFENDANT CITY OF DALLAS CERTIFICATE OF CONFERENCE This is to certify that on September 22, 2023, Counsel for Defendant conferred with Plaintiff s Counsel regarding Defendant’s Motion for Continuance Via email, and he indicated that his client was opposed. Thus, the City’s Motion for Continuance is submitted to the Court for determination. /s/ Devin 0. Alexander DEVIN Q. ALEXANDER Motion for Continuance Page 3 CERTIFICATE 0F SERVICE On September 25, 2023, a true and correct copy of the foregoing was served in accordance with the Texas Rules of Civil Procedure. /s/ Devin 0. Alexander DEVIN Q. ALEXANDER Motion for Continuance Page 4 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. Rhonda Lee on behalf of Devin Alexander Bar No. 24104554 rhonda.lee@dallas.gov Envelope ID: 79908900 Filing Code Description: Motion - Continuance Filing Description: Status as of 9/25/2023 3:06 PM CST Associated Case Party: CITY OF DALLAS Name BarNumber Email TimestampSubmitted Status Devin Q.Alexander devin.alexander@dallascityhall.com 9/25/2023 2:58:45 PM SENT Donna Hinkle donna.hinkle@dallas.gov 9/25/2023 2:58:45 PM SENT Associated Case Party: DEQUALON WYATT Name BarNumber Email TimestampSubmitted Status JAMES BAUGUSS ||| ESERVICE@BENBBOTT.COM 9/25/2023 2:58:45 PM SENT JAMES BAUGUSS ||| ESERVICE@BENABBOTT.COM 9/25/2023 2:58:45 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Lauren Hopkins lauren.hopkins@dallas.gov 9/25/2023 2:58:45 PM SENT