On November 27, 2019 a
Stipulation,Agreement
was filed
involving a dispute between
City Of Galveston,
Insurors Indemnity Company,
Quality Works Construction, Inc.,
Davis, Sharon,
and
City Of Galveston,
Insurors Indemnity Company,
Quality Works Construction, Inc.,
for Injury/Damage - Other
in the District Court of Galveston County.
Preview
Filed: 9/24/2021 9:31 AM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 57567512
By: Shailja Dixit
9/24/2021 9:40 AM
CAUSE NUMBER 19-CV-2191
SHARON DAVIS, and as ASSIGNEE § IN THE DISTRICT COURT
OF THE CITY OF GALVESTON §
Plaintiff, §
§
v. § GALVESTON COUNTY, TEXAS
§
QUALITY WORKS CONSTRUCTION, §
INC. and INSURORS INDEMNITY §
COMPANY §
Defendants. § 56th JUDICIAL DISTRICT
CITY OF GALVESTON’S UNOPPOSED MOTION FOR CONTINUANCE
COMES NOW, Third Party Defendant, City of Galveston, (the “City”), and files this
Unopposed Motion for Continuance and would respectfully show unto the Court the following:
A. INTRODUCTION
1. Plaintiff is Sharon Davis, Individually and as Assignee of The City of Galveston. The
Defendants are Quality Works Construction and Insurors Indemnity Company. The City of
Galveston is a Third Party Defendant of claims made by Quality Works Construction.
2. Plaintiff sued Defendants for damages arising from a construction contract to repair the
Plaintiff’s home. The contract was administered by the City of Galveston and paid by grant
funds. The City of Galveston was brought into this case in October 2020.
3. Discovery is completed in this case, including depositions of the parties and exchange of
written discovery.
B. FACTS
4. At this time, this matter is currently set for a pre-trial conference on November 1 and trial on
November 8, 2021. On September 21, 2021, all parties attended a mediation. The City of
Galveston reached a tentative settlement with Quality Works Construction, Inc.; however,
this settlement is contingent on the approval of Galveston’s City Council. The next
scheduled Council meeting is on October 28, 2021.
5. Without a continuance, the City would be required to continue its trial preparation, regardless
of the prospective settlement. Further, whether the City is involved in the suit will impact
how the remaining parties prepare for trial. There is insufficient time between the meeting of
City Council and the trial to prepare exhibits and any necessary trial briefs, motions and
coordinate with witnesses.
6. Without a continuation there will likely be a waste resources and money and requiring
unnecessary trial preparation.
C. UNOPPOSED MOTION
7. Counsel for the City has conferred with opposing counsel and explained the reason for the
continuance. Counsel of record for each party have stated that they are unopposed to the
filing of this Motion for Continuance.
D. CONCLUSION
8. Third Party Defendant, City of Galveston asks the Court to continue the trial setting to allow
City Council to consider the proposed settlement without imposing an unnecessary burden on
the remaining parties and council for the City.
WHEREFORE, PREMISES CONSIDERED, the City requests that the Court continue
this case until a date suitable for the parties.
Respectfully submitted,
OFFICE OF THE CITY ATTORNEY
DONALD GLYWASKY
/s/ Barry C. Willey
Barry C. Willey
Assistant City Attorney
State Bar No. 00788670
Beverly West
Assistant City Attorney
State Bar No. 24032459
823 Rosenberg, Suite 203
Galveston, Texas 77550
Phone: 409-797-3530
Fax: 409-877-1559
ATTORNEY FOR THIRD-PARTY DEFENDANT
CITY OF GALVESTON, TEXAS
CERTIFICATE OF SERVICE
I hereby certify that I served the above pleading on all counsel of record in this matter as
listed herein below through the Texas courts efile system on this the 23rd day of September, 2021.
CALDWELL FLETCHER
CALDWELL FLETCHER, P.C.
State Bar No. 07141710
3401 Allen Parkway, Suite 100
Houston, Texas 77019
(713) 284-1624
(713) 583-9883 (fax)
caldwell@caldwellfletcherpc.com
Attorneys for Plaintiff
BYRON K. BARCLAY
THE BARCLAY LAW FIRM
State Bar No. 01720350
705 Chelsea Boulevard
Houston, Texas 77006-6205
(713) 2q24-2334
(713) 758-0253 (fax)
BKBarclay@lawyer.com
Attorney for Quality Works Construction, Inc.
DAN MACLEMORE
BEARD KULDGEN BROPHY
BOSTWICK & DICKSON, PLLC
State Bar No. 24037013
220 South Fourth Street
Waco, Texas 76701
(254) 776-5500
(254) 776-3591 (fax)
MacLemore@thetexasfirm.com
Attorney for Insurors Indemnity Company
/s/Barry C. Willey
Barry C. Willey
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.
Beverly West on behalf of Beverly West
Bar No. 24032459
bwest@galvestontx.gov
Envelope ID: 57567512
Status as of 9/24/2021 9:41 AM CST
Associated Case Party: City of Galveston
Name BarNumber Email TimestampSubmitted Status
Donald Glywasky Glywaskydon@cityofgalveston.org 9/24/2021 9:31:36 AM SENT
Beverly DianeWest bwest@galvestontx.gov 9/24/2021 9:31:36 AM SENT
Barry C.Willey bwilley@galvestontx.gov 9/24/2021 9:31:36 AM SENT
Associated Case Party: Sharon Davis
Name BarNumber Email TimestampSubmitted Status
Caldwell Fletcher 7141710 caldwell@caldwellfletcherpc.com 9/24/2021 9:31:36 AM SENT
Caldwell Fletcher Caldwell@caldwellfletcherpc.com 9/24/2021 9:31:36 AM SENT
Associated Case Party: QUALITY WORKS CONSTRUCTION, INC.
Name BarNumber Email TimestampSubmitted Status
Byron KBarclay BKBarclay@Lawyer.com 9/24/2021 9:31:36 AM SENT
Associated Case Party: INSURORS INDEMNITY COMPANY
Name BarNumber Email TimestampSubmitted Status
Callye Berry berry@thetexasfirm.com 9/24/2021 9:31:36 AM SENT
Dan MacLemore maclemore@thetexasfirm.com 9/24/2021 9:31:36 AM SENT
Document Filed Date
September 24, 2021
Case Filing Date
November 27, 2019
Category
Injury/Damage - Other
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
Filed: 9/24/2021 9:31 AM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 57567512 By: Shailja Dixit 9/24/2021 9:40 AM CAUSE NUMBER 19-CV-2191 SHARON DAVIS, and as ASSIGNEE § IN THE DISTRICT COURT OF THE CITY OF GALVESTON § Plaintiff, § § v. § GALVESTON COUNTY, TEXAS § QUALITY WORKS CONSTRUCTION, § INC. and INSURORS INDEMNITY § COMPANY § Defendants. § 56th JUDICIAL DISTRICT CITY OF GALVESTON’S UNOPPOSED MOTION FOR CONTINUANCE COMES NOW, Third Party Defendant, City of Galveston, (the “City”), and files this Unopposed Motion for Continuance and would respectfully show unto the Court the following: A. INTRODUCTION 1. Plaintiff is Sharon Davis, Individually and as Assignee of The City of Galveston. The Defendants are Quality Works Construction and Insurors Indemnity Company. The City of Galveston is a Third Party Defendant of claims made by Quality Works Construction. 2. Plaintiff sued Defendants for damages arising from a construction contract to repair the Plaintiff’s home. The contract was administered by the City of Galveston and paid by grant funds. The City of Galveston was brought into this case in October 2020. 3. Discovery is completed in this case, including depositions of the parties and exchange of written discovery. B. FACTS 4. At this time, this matter is currently set for a pre-trial conference on November 1 and trial on November 8, 2021. On September 21, 2021, all parties attended a mediation. The City of Galveston reached a tentative settlement with Quality Works Construction, Inc.; however, this settlement is contingent on the approval of Galveston’s City Council. The next scheduled Council meeting is on October 28, 2021. 5. Without a continuance, the City would be required to continue its trial preparation, regardless of the prospective settlement. Further, whether the City is involved in the suit will impact how the remaining parties prepare for trial. There is insufficient time between the meeting of City Council and the trial to prepare exhibits and any necessary trial briefs, motions and coordinate with witnesses. 6. Without a continuation there will likely be a waste resources and money and requiring unnecessary trial preparation. C. UNOPPOSED MOTION 7. Counsel for the City has conferred with opposing counsel and explained the reason for the continuance. Counsel of record for each party have stated that they are unopposed to the filing of this Motion for Continuance. D. CONCLUSION 8. Third Party Defendant, City of Galveston asks the Court to continue the trial setting to allow City Council to consider the proposed settlement without imposing an unnecessary burden on the remaining parties and council for the City. WHEREFORE, PREMISES CONSIDERED, the City requests that the Court continue this case until a date suitable for the parties. Respectfully submitted, OFFICE OF THE CITY ATTORNEY DONALD GLYWASKY /s/ Barry C. Willey Barry C. Willey Assistant City Attorney State Bar No. 00788670 Beverly West Assistant City Attorney State Bar No. 24032459 823 Rosenberg, Suite 203 Galveston, Texas 77550 Phone: 409-797-3530 Fax: 409-877-1559 ATTORNEY FOR THIRD-PARTY DEFENDANT CITY OF GALVESTON, TEXAS CERTIFICATE OF SERVICE I hereby certify that I served the above pleading on all counsel of record in this matter as listed herein below through the Texas courts efile system on this the 23rd day of September, 2021. CALDWELL FLETCHER CALDWELL FLETCHER, P.C. State Bar No. 07141710 3401 Allen Parkway, Suite 100 Houston, Texas 77019 (713) 284-1624 (713) 583-9883 (fax) caldwell@caldwellfletcherpc.com Attorneys for Plaintiff BYRON K. BARCLAY THE BARCLAY LAW FIRM State Bar No. 01720350 705 Chelsea Boulevard Houston, Texas 77006-6205 (713) 2q24-2334 (713) 758-0253 (fax) BKBarclay@lawyer.com Attorney for Quality Works Construction, Inc. DAN MACLEMORE BEARD KULDGEN BROPHY BOSTWICK & DICKSON, PLLC State Bar No. 24037013 220 South Fourth Street Waco, Texas 76701 (254) 776-5500 (254) 776-3591 (fax) MacLemore@thetexasfirm.com Attorney for Insurors Indemnity Company /s/Barry C. Willey Barry C. Willey 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. Beverly West on behalf of Beverly West Bar No. 24032459 bwest@galvestontx.gov Envelope ID: 57567512 Status as of 9/24/2021 9:41 AM CST Associated Case Party: City of Galveston Name BarNumber Email TimestampSubmitted Status Donald Glywasky Glywaskydon@cityofgalveston.org 9/24/2021 9:31:36 AM SENT Beverly DianeWest bwest@galvestontx.gov 9/24/2021 9:31:36 AM SENT Barry C.Willey bwilley@galvestontx.gov 9/24/2021 9:31:36 AM SENT Associated Case Party: Sharon Davis Name BarNumber Email TimestampSubmitted Status Caldwell Fletcher 7141710 caldwell@caldwellfletcherpc.com 9/24/2021 9:31:36 AM SENT Caldwell Fletcher Caldwell@caldwellfletcherpc.com 9/24/2021 9:31:36 AM SENT Associated Case Party: QUALITY WORKS CONSTRUCTION, INC. Name BarNumber Email TimestampSubmitted Status Byron KBarclay BKBarclay@Lawyer.com 9/24/2021 9:31:36 AM SENT Associated Case Party: INSURORS INDEMNITY COMPANY Name BarNumber Email TimestampSubmitted Status Callye Berry berry@thetexasfirm.com 9/24/2021 9:31:36 AM SENT Dan MacLemore maclemore@thetexasfirm.com 9/24/2021 9:31:36 AM SENT