Preview
FILED
3/27/2023 12:49 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Brandon Keys DEPUTY
CAUSE NO. DC-22-13615
OSVALDO RODRIGUEZ § IN THE DISTRICT COURT
§
V. § 44TH JUDICIAL DISTRICT
§
AMY MICHELLE PHAN § DALLAS COUNTY, TEXAS
AGREED MOTION TO CONSOLIDATE AND MOTION TO CONFORM STYLE
OF CASE
TO THE HONORABLE JUDGE 0F SAID COURT:
COME NOW, Osvaldo Rodriguez, Plaintiff named herein (“Rodriguez”); Stormie Norris,
Plaintiff named in Cause No. DC-22-14377 in the 95th Judicial District Court, Dallas County
(“Norris”); and Amy Phan, Defendant herein and in the aforementioned cause (“Phan”), and file
this Agreed Motion to Consolidate and Motion to Conform Style of Case, and would show unto
the Court the following:
I. INTRODUCTION
The basis of this suit is a motor vehicle accident that occurred on December 29, 2020. In
that accident, Norris was a purported passenger in a vehicle driven by Rodriguez, and Phan was
the driver of a second vehicle.
Rodriguez filed suit on September 28, 2022; the current cause of action (DC-22-13615),
under a Level 1 discovery-control plan.
Norris filed suit on October 14, 2022; Cause No. DC-22-14377 in the 95th Judicial District
Court, Dallas County, against Phan and Rodriguez, regarding the same motor vehicle accident,
under a Level 2 discovery-control plan.
Both Rodriguez and Norris have alleged negligence and are seeking damages for personal
injuries.
AGREED MOTION TO CONSOLIDATE PAGE 1
II. BASIS FOR CONSOLIDATION
Pursuant to TEXAS RULES 0F CIVIL PROCEDURE, Rule 174 consolidation of cases is
appropriate if (1) the cases relate to substantially the same subject matter, transaction, or
occurrence and involve common questions of law or fact, (2) the same evidence is material,
relevant, and admissible in both cases, (3) consolidation promotes judicial economy and
convenience, and (4) consolidation will not result in an unfair trial. See Tex. R. Civ. P. 174(a); In
re Van Waters & Rogers, Inc., 145 S.W.3d 203, 207-208 (Tex. 2004); Lone Star Ford, Inc. v.
McCormick, 838 S.W.2d 734, 737-38 (Tex. App—Houston [lst Dist] 1992, writ denied).
This case, DC-22-13615, relates to and shares common questions of law and fact with
cause number DC—22-14377, Stormie Norris v. Amy Phan and Osvaldo Rodriguez. As both matters
arise out of the same motor vehicle accident, and both Norris and Rodriguez are asserting personal
injury as a result of said accident, the two causes of action share common questions of law and
fact.
The consolidation of these cases promotes judicial economy and convenience, such as
preventing inconsistent adjudications of factual and legal issues, avoiding unnecessary costs,
preventing undue delay, shortening the time necessary for multiple trials by having one trial,
Witness availability, and availability ofjudicial resources. Consolidation will not result in an unfair
trial, and will not result in delay, jury confusion, or prejudice to the parties.
Venue is proper in the 44th District Court of Dallas County, Texas, as to both causes of
action. Accordingly, the parties Wish to consolidate the matters, in consideration of the order of
filing, and agree that DC-22-14377 be consolidated into this case, DC—22—13615.
AGREED MOTION TO CONSOLIDATE PAGE 2
III. MOTION TO CONFORM STYLE OF CASE
In consideration of the foregoing, the parties request that the style of the consolidated case
be changed to Stormie Norris, Plaintiffi and Osvaldo Rodriguez, Plaintifl and Defendant vs.
Amy Michelle Phan, Defendant.
IV. PRAYER
WHEREFORE, PREMISES CONSIDERED, the parties respectfully request that the
Court consolidate these matters; that DC-22-14377 be transferred from the 95th Judicial District
Court and into the Court, for consolidation into this matter, DC-22-13615.
AGREED MOTION TO CONSOLIDATE PAGE 3
Respectfully submitted,
CHALAKI LAW, P.C.
3234 Commander Dn've, Suite 100
Carrollton, Texas 75006
TEL: 972.793.8500
efile@chalakilaw.com
By: /s/ Yasmin Moussavi
SHAWN HASHEMI
State Bar No. 24090151
YASMIN MOUSSAVI
State Bar No. 24128646
ATTORNEY FOR STORMIE NORRIS,
PLAINTIFF
R. E. LOPEZ & ASSOCIATES, P.C.
550 E. 15th Street, Suite 200
Plano, Texas 75074
TEL: 469.209.7727
service@northtxlaw.com
By: /S/1(or;v Kimmy
KORY KINGERY
State Bar NO. 24094778
ATTORNEY FOR OSVALDO RODRIGUEZ,
PLAINTIFF
LAW OFFICES OF TAMMI J. ENOCHS
450 Century Parkway, Suite 250
Allen, Texas 75013
TEL: 210.829.5566
john.couch@usaa.com
By: /s/]ofin Coucfi
JOHN COUCH
State Bar No. 24048407
ATTORNEY FOR OSVALDO RODRIGUEZ,
DEFENDANT
AGREED MOTION TO CONSOLIDATE PAGE 4
THE LECRONE LAW FIRM, PC
123 North Crockett Street, Suite 200
Sherman, TX 75090
TEL: 903.813.1900
eservice@lecronelaw.com
By: /s/]ofln “W. Qreeze
JOHN W. BREEZE
State Bar No. 00796248
MARK A. TEAGUE
State Bar No. 24003039
HILLARY LUCKETT CLARK
State Bar No. 24077714
BLAISE S. WILCOTT
State Bar No. 24086481
SELENE DOMINGUEZ PENA
State Bar No. 24106929
MEGAN E. ANDRUS
State Bar No. 24129548
MARK C. HUMPHREY
State Bar No. 24132191
ATTORNEYS FOR AMY PHAN,
DEFENDANT
AGREED MOTION TO CONSOLIDATE PAGE 5
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.
Monica Hughley on behalf of John Breeze
Bar No. 00796248
monica@lecronelaw.com
Envelope ID: 74039371
Filing Code Description: Motion - Consolidate
Filing Description: AGREED
Status as of 3/27/2023 3:42 PM CST
Associated Case Party: OSVALDO RODRIGUEZ
Name BarNumber Email TimestampSubmitted Status
KORY KINGERY SERVICE@NORTHTXLAW.COM 3/27/2023 12:49:21 PM SENT
Associated Case Party: AMYMichellePHAN
Name BarNumber Email TimestampSubmitted Status
John W.Breeze eservice@lecronelaw.com 3/27/2023 12:49:21 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Shawn Hashemi efile@chalakilaw.com 3/27/2023 12:49:21 PM SENT
John Couch john.couch@usaa.com 3/27/2023 12:49:21 PM SENT
Preview
FILED 3/27/2023 12:49 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Brandon Keys DEPUTY CAUSE NO. DC-22-13615 OSVALDO RODRIGUEZ § IN THE DISTRICT COURT § V. § 44TH JUDICIAL DISTRICT § AMY MICHELLE PHAN § DALLAS COUNTY, TEXAS AGREED MOTION TO CONSOLIDATE AND MOTION TO CONFORM STYLE OF CASE TO THE HONORABLE JUDGE 0F SAID COURT: COME NOW, Osvaldo Rodriguez, Plaintiff named herein (“Rodriguez”); Stormie Norris, Plaintiff named in Cause No. DC-22-14377 in the 95th Judicial District Court, Dallas County (“Norris”); and Amy Phan, Defendant herein and in the aforementioned cause (“Phan”), and file this Agreed Motion to Consolidate and Motion to Conform Style of Case, and would show unto the Court the following: I. INTRODUCTION The basis of this suit is a motor vehicle accident that occurred on December 29, 2020. In that accident, Norris was a purported passenger in a vehicle driven by Rodriguez, and Phan was the driver of a second vehicle. Rodriguez filed suit on September 28, 2022; the current cause of action (DC-22-13615), under a Level 1 discovery-control plan. Norris filed suit on October 14, 2022; Cause No. DC-22-14377 in the 95th Judicial District Court, Dallas County, against Phan and Rodriguez, regarding the same motor vehicle accident, under a Level 2 discovery-control plan. Both Rodriguez and Norris have alleged negligence and are seeking damages for personal injuries. AGREED MOTION TO CONSOLIDATE PAGE 1 II. BASIS FOR CONSOLIDATION Pursuant to TEXAS RULES 0F CIVIL PROCEDURE, Rule 174 consolidation of cases is appropriate if (1) the cases relate to substantially the same subject matter, transaction, or occurrence and involve common questions of law or fact, (2) the same evidence is material, relevant, and admissible in both cases, (3) consolidation promotes judicial economy and convenience, and (4) consolidation will not result in an unfair trial. See Tex. R. Civ. P. 174(a); In re Van Waters & Rogers, Inc., 145 S.W.3d 203, 207-208 (Tex. 2004); Lone Star Ford, Inc. v. McCormick, 838 S.W.2d 734, 737-38 (Tex. App—Houston [lst Dist] 1992, writ denied). This case, DC-22-13615, relates to and shares common questions of law and fact with cause number DC—22-14377, Stormie Norris v. Amy Phan and Osvaldo Rodriguez. As both matters arise out of the same motor vehicle accident, and both Norris and Rodriguez are asserting personal injury as a result of said accident, the two causes of action share common questions of law and fact. The consolidation of these cases promotes judicial economy and convenience, such as preventing inconsistent adjudications of factual and legal issues, avoiding unnecessary costs, preventing undue delay, shortening the time necessary for multiple trials by having one trial, Witness availability, and availability ofjudicial resources. Consolidation will not result in an unfair trial, and will not result in delay, jury confusion, or prejudice to the parties. Venue is proper in the 44th District Court of Dallas County, Texas, as to both causes of action. Accordingly, the parties Wish to consolidate the matters, in consideration of the order of filing, and agree that DC-22-14377 be consolidated into this case, DC—22—13615. AGREED MOTION TO CONSOLIDATE PAGE 2 III. MOTION TO CONFORM STYLE OF CASE In consideration of the foregoing, the parties request that the style of the consolidated case be changed to Stormie Norris, Plaintiffi and Osvaldo Rodriguez, Plaintifl and Defendant vs. Amy Michelle Phan, Defendant. IV. PRAYER WHEREFORE, PREMISES CONSIDERED, the parties respectfully request that the Court consolidate these matters; that DC-22-14377 be transferred from the 95th Judicial District Court and into the Court, for consolidation into this matter, DC-22-13615. AGREED MOTION TO CONSOLIDATE PAGE 3 Respectfully submitted, CHALAKI LAW, P.C. 3234 Commander Dn've, Suite 100 Carrollton, Texas 75006 TEL: 972.793.8500 efile@chalakilaw.com By: /s/ Yasmin Moussavi SHAWN HASHEMI State Bar No. 24090151 YASMIN MOUSSAVI State Bar No. 24128646 ATTORNEY FOR STORMIE NORRIS, PLAINTIFF R. E. LOPEZ & ASSOCIATES, P.C. 550 E. 15th Street, Suite 200 Plano, Texas 75074 TEL: 469.209.7727 service@northtxlaw.com By: /S/1(or;v Kimmy KORY KINGERY State Bar NO. 24094778 ATTORNEY FOR OSVALDO RODRIGUEZ, PLAINTIFF LAW OFFICES OF TAMMI J. ENOCHS 450 Century Parkway, Suite 250 Allen, Texas 75013 TEL: 210.829.5566 john.couch@usaa.com By: /s/]ofin Coucfi JOHN COUCH State Bar No. 24048407 ATTORNEY FOR OSVALDO RODRIGUEZ, DEFENDANT AGREED MOTION TO CONSOLIDATE PAGE 4 THE LECRONE LAW FIRM, PC 123 North Crockett Street, Suite 200 Sherman, TX 75090 TEL: 903.813.1900 eservice@lecronelaw.com By: /s/]ofln “W. Qreeze JOHN W. BREEZE State Bar No. 00796248 MARK A. TEAGUE State Bar No. 24003039 HILLARY LUCKETT CLARK State Bar No. 24077714 BLAISE S. WILCOTT State Bar No. 24086481 SELENE DOMINGUEZ PENA State Bar No. 24106929 MEGAN E. ANDRUS State Bar No. 24129548 MARK C. HUMPHREY State Bar No. 24132191 ATTORNEYS FOR AMY PHAN, DEFENDANT AGREED MOTION TO CONSOLIDATE PAGE 5 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. Monica Hughley on behalf of John Breeze Bar No. 00796248 monica@lecronelaw.com Envelope ID: 74039371 Filing Code Description: Motion - Consolidate Filing Description: AGREED Status as of 3/27/2023 3:42 PM CST Associated Case Party: OSVALDO RODRIGUEZ Name BarNumber Email TimestampSubmitted Status KORY KINGERY SERVICE@NORTHTXLAW.COM 3/27/2023 12:49:21 PM SENT Associated Case Party: AMYMichellePHAN Name BarNumber Email TimestampSubmitted Status John W.Breeze eservice@lecronelaw.com 3/27/2023 12:49:21 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Shawn Hashemi efile@chalakilaw.com 3/27/2023 12:49:21 PM SENT John Couch john.couch@usaa.com 3/27/2023 12:49:21 PM SENT