On August 24, 2017 a
Motion,Ex Parte
was filed
involving a dispute between
Martinez, Jose S.,
and
Embry, Amanda L.,
for MOTOR VEHICLE ACCIDENT
in the District Court of Dallas County.
Preview
FILED
DALLAS COUNTY
4/5/2019 1:19 PM
FELICIA PITRE
DISTRICT CLERK
CAROLYN SELLERS
CAUSE NO. DC-l7—10705
JOSE S. MARTINEZ IN THE DISTRICT COURT
v. wwwwm
162ND JUDICIAL DISTRICT
AMANDA L. EMBRY DALLAS COUNTY, TEXAS
DEFENDANT’S MOTION FOR CONTINUANCE AND
REQUEST FOR SPECIAL SETTING
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOWS, Defendant Amanda L. Embry (“Defendant”) and files this Motion for
Continuance, and would show as follows:
Defendant retained an expert in this matter, Gary H. Wimbish PhD. The expert has
informed Defendant’s counsel that he will be unavailable for the current trial setting, due to the
fact that he has been called to testify in a separate trial locacted out of town the week of April 22-
April 26, 20 19. The expert is a critical witness in defense of this matter.
II.
Further, in the event that Defendan’t Motion for Continuance is granted, Defendant
would show that she currently lives in the state of Florida. Defendant wil have t0 make travel
arrangements in advance, including airfare as well as hotel accommondations. It is a hardship
fro Defendant to be placed on standby notice dute to the significant logistical challenges and
costs associated with traveling such a long distance. As such, Defendant requests that in the
event that her motion for continuance is granted, the subsequent trial setting be specially set.
DEFENDANT’S MOTION FOR CON’I‘INUANCE PAGE - l OF 4
IH.
Defendant would show that this request for continuance is not sought for delay, but only
so that justice may be done. Defendant requests that the Court reset the case from the Tuesday,
April 23, 2019 jury trial docket and specially set the trial for a date certain.
Defendant requests that the Couri grant this motion for continuance and specially set the
trial and for such further reliefto which Defendant may be entitled.
Respectfully Submitted,
I
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5:3 M MW
[?J/i w? {36/017
JANET L STRONG “\va
State Ba1 #24053462
TRINA T. WILSON & ASSOCIATES
2280 North Greenville Avenue
Richardson, Texas 75082-4412
Tel: 972—855-6400
Fax: 972—855-6418
Email: JaStrong@geico.com
ATTORNEY FOR DEFENDANT
SWORN TO AND SUBSCRIBED ME the u elsigned authority, by Janet L.
BEF%%d
Strong, attorney ofl'ecord for Defendant, this day 0f Ofl\ 2019.
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NOTARfipUB‘ETE, STATE 0F TEXAS
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DEFENDANT’S MOTION FOR CONTINUANCE PAGE - 2 OF 4
CERTIFICATE OF CONFERENCE
On Apxil 4 2019 I leceived an email communication fiom
David Maldonado attomey
f01 Plaintiff legalding this motion f01 continuance and he IS opposed Thexefora I am blinging
this mattel t0 the Coun for considelation
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JaneTL. Strong j.f
CERTIFECATE OF SERVICE
On the
54m ‘ .
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day 0t Aprll, 2019, a true and correct copy 0f thls document was sewed
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in accordance with Texas Rules OfCiVil Procedure t0 David Maldonado, Ben Abbott &
Associates, PLLC, 1934 Pendleton D11, Garland, TX‘K75041, E-Service.
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Janet L. Strong
DEFENDANT’S MOTION FOR CONTINUANCE PAGE - 3 OF 4
Document Filed Date
April 05, 2019
Case Filing Date
August 24, 2017
Category
MOTOR VEHICLE ACCIDENT
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FILED DALLAS COUNTY 4/5/2019 1:19 PM FELICIA PITRE DISTRICT CLERK CAROLYN SELLERS CAUSE NO. DC-l7—10705 JOSE S. MARTINEZ IN THE DISTRICT COURT v. wwwwm 162ND JUDICIAL DISTRICT AMANDA L. EMBRY DALLAS COUNTY, TEXAS DEFENDANT’S MOTION FOR CONTINUANCE AND REQUEST FOR SPECIAL SETTING TO THE HONORABLE JUDGE OF SAID COURT: COME NOWS, Defendant Amanda L. Embry (“Defendant”) and files this Motion for Continuance, and would show as follows: Defendant retained an expert in this matter, Gary H. Wimbish PhD. The expert has informed Defendant’s counsel that he will be unavailable for the current trial setting, due to the fact that he has been called to testify in a separate trial locacted out of town the week of April 22- April 26, 20 19. The expert is a critical witness in defense of this matter. II. Further, in the event that Defendan’t Motion for Continuance is granted, Defendant would show that she currently lives in the state of Florida. Defendant wil have t0 make travel arrangements in advance, including airfare as well as hotel accommondations. It is a hardship fro Defendant to be placed on standby notice dute to the significant logistical challenges and costs associated with traveling such a long distance. As such, Defendant requests that in the event that her motion for continuance is granted, the subsequent trial setting be specially set. DEFENDANT’S MOTION FOR CON’I‘INUANCE PAGE - l OF 4 IH. Defendant would show that this request for continuance is not sought for delay, but only so that justice may be done. Defendant requests that the Court reset the case from the Tuesday, April 23, 2019 jury trial docket and specially set the trial for a date certain. Defendant requests that the Couri grant this motion for continuance and specially set the trial and for such further reliefto which Defendant may be entitled. Respectfully Submitted, I fl W 5:3 M MW [?J/i w? {36/017 JANET L STRONG “\va State Ba1 #24053462 TRINA T. WILSON & ASSOCIATES 2280 North Greenville Avenue Richardson, Texas 75082-4412 Tel: 972—855-6400 Fax: 972—855-6418 Email: JaStrong@geico.com ATTORNEY FOR DEFENDANT SWORN TO AND SUBSCRIBED ME the u elsigned authority, by Janet L. BEF%%d Strong, attorney ofl'ecord for Defendant, this day 0f Ofl\ 2019. M , m l/ H, \H xx“ gg‘fp'gé, - yfiffloy, a (’s Comm ms.“ n-vvmwm‘ MEGAN EMRICH (02 Noxary Public, mate of Texas E>pires 06 05 2021 “i / NOTARfipUB‘ETE, STATE 0F TEXAS Notary ID 131157273 a a‘ _< zifimm‘ ~44, AL mg» 3 vz-lrm 71, aw, mammthar DEFENDANT’S MOTION FOR CONTINUANCE PAGE - 2 OF 4 CERTIFICATE OF CONFERENCE On Apxil 4 2019 I leceived an email communication fiom David Maldonado attomey f01 Plaintiff legalding this motion f01 continuance and he IS opposed Thexefora I am blinging this mattel t0 the Coun for considelation W” i A VM/é/i 71’ _,:-v::177 / ?lu*/ ”5r _. ‘ JaneTL. Strong j.f CERTIFECATE OF SERVICE On the 54m ‘ . ‘ day 0t Aprll, 2019, a true and correct copy 0f thls document was sewed . A in accordance with Texas Rules OfCiVil Procedure t0 David Maldonado, Ben Abbott & Associates, PLLC, 1934 Pendleton D11, Garland, TX‘K75041, E-Service. Kfl/ngj A [g Janet L. Strong DEFENDANT’S MOTION FOR CONTINUANCE PAGE - 3 OF 4