Preview
Filed
9/26/2022 2:27 PM
Beverley McGrew Walker
District Clerk
Fort Bend County, Texas
Sarah Self
NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA
NO. 16-DCV-232757
IN THE INTEREST OF § IN THE DISTRICT COURT
§
a § 328TH JUDICIAL DISTRICT
A CHILD § FORT BEND COUNTY, TEXAS
PETITIONER ATUL GUPTA’S MOTION TO ABATE HEARINGS AND FIRST
AMENDED OBJECTION TO RESPONDENT’S MOTION FOR APPOINTMENT OF
AMICUS ATTORNEY AND MOTION FOR MENTAL EXAMINATION
NOW COMES ATUL GUPTA, Petitioner, in the above-entitled and numbered
cause, and files this Motion to Abate, and shows the Court this Objection to
Respondent's Motion for Appointment of Amicus Attorney and Motion for Mental
Examination is filed by ATUL GUPTA, Petitioner.
In support ATUL GUPTA shows that:
I ABATEMENT
1 An Agreed Final Order in Suit to Modify Parent-Child Relationship was
rendered between by this Court on June 4, 2021. In the Agreed Final Order in Suit to
Modify Parent-Child Relationship under the “Mediation Clause” section beginning on
page 39 and continuing until page 40 it states, in relevant part, that “before setting any
hearing or initiating discovery in a suit for modification of the terms and
conditions of conservatorship, possession, or support of the child, except in an
emergency, the parties shall mediate the controversy in good faith’.
2 Respondent has set a hearing on Mental Examination on October 3",
2022, at 8:30 a.m., but the parties have not mediated.
The Petitioner hereby moves the Court to enter an order abating hearings in
this action for one hundred and fifty (150) days or until such required mediation occurs.
i. OBJECTION TO APPOINTMENT OF AMICUS ATTORNEY
In the alternative, there is not good cause to appoint an Amicus attorney.
Furthermore, there is no good cause that demonstrates the requirement for Petitioner to
pay for such an appointment.
2021 MODIFCATION PREVENTS ANY HEARING PRIOR TO MEDIATION
Page 1 of 3
As stated above, in the parties’ previous June 2021 Agreed Modification Order
with this Court it is ordered in relevant part that “before setting any hearing or
initiating discovery in a suit for modification of the terms and conditions of
conservatorship, possession, or support of the child, except in an emergency, the
parties shall mediate the controversy in good faith” pg. 39. Thus, no appointment of
Amicus nor a hearing may take place until the parties mediate as ordered.
I. OBJECTION TO MENTAL EXAMINATION
Additionally, there is no good cause for Petitioner nor the child to be subjected to
a mental examination, because the mental condition is not nor ever has been a
controversy in this case. The child is doing well in school and is thriving under the
circumstances. Furthermore, there is no good cause that demonstrates the requirement
for Petitioner to pay for such an appointment. Respondent requests that Petitioner be
subjected to mental examination, but requests that he bare all of the unnecessary costs.
Further, all such allegations in regard to Petitioner's and/or child’s alleged behavior are
not verified by any supporting evidence or affidavits, and all such allegations should
therefore not be considered or taken as true.
Also, again, in the parties’ previous June 2021 Agreed Modification Order it is
ordered in relevant part that “before setting any hearing or initiating discovery in a suit
for modification of the terms and conditions of conservatorship, possession, or support
of the child, except in an emergency, the parties shall mediate the controversy in good
faith” pg. 39. Thus, a hearing may not take place until the parties mediate as ordered.
In the alternative, should the Court grant the mental examination of Petitioner
and/or the child, petitioner also requests that the Court appoint a psychologist to make
any and all appropriate mental examinations of VIBHA JAIN, specifically a psychological
evaluation. Further, VIBHA JAIN should be required to provide all treatment notes and
counseling records for any past psychological treatment.
PRAYER
WHEREFORE, ATUL GUPTA, Petitioner, prays the Court grant his Motion to
Abate as set forth herein, and for all further relief, at law or in equity, the Court deems
necessary.
ATUL GUPTA prays that the Court deny the Motion for Appointment of Amicus
Attorney and Motion for Mental Examination as stated herein.
Respectfully submitted,
REVACK, SAMAAN & MULLER, LLP
6300 West Loop South, Suite 340
Bellaire, Texas 77401
Page 2 of 3
Tel: (713) 271-8282
Fax: (713) 271-2112
By:_/s/ Ronald C. Muller
RONALD C. MULLER
SBN: 14649100
muller@rsmlegaltam.com
Attorney for Petitioner
Notice of Hearing
The above motion is set for hearing on October 3", 2022, at 8:30 a.m. in 328
District Court of Fort Bend County Texas.
Certificate of Service
| certify that a true copy of this document was served in accordance with rule 21a
of the Texas Rules of Civil Procedure on the following on September 26th, 2022:
CHRISTINE R. THRASH by electronic filing manager.
/s/ Ronald C. Muller
RONALD C. MULLER
Attorney for Petitioner
Page 3 of 3
Preview
Filed 9/26/2022 2:27 PM Beverley McGrew Walker District Clerk Fort Bend County, Texas Sarah Self NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA NO. 16-DCV-232757 IN THE INTEREST OF § IN THE DISTRICT COURT § a § 328TH JUDICIAL DISTRICT A CHILD § FORT BEND COUNTY, TEXAS PETITIONER ATUL GUPTA’S MOTION TO ABATE HEARINGS AND FIRST AMENDED OBJECTION TO RESPONDENT’S MOTION FOR APPOINTMENT OF AMICUS ATTORNEY AND MOTION FOR MENTAL EXAMINATION NOW COMES ATUL GUPTA, Petitioner, in the above-entitled and numbered cause, and files this Motion to Abate, and shows the Court this Objection to Respondent's Motion for Appointment of Amicus Attorney and Motion for Mental Examination is filed by ATUL GUPTA, Petitioner. In support ATUL GUPTA shows that: I ABATEMENT 1 An Agreed Final Order in Suit to Modify Parent-Child Relationship was rendered between by this Court on June 4, 2021. In the Agreed Final Order in Suit to Modify Parent-Child Relationship under the “Mediation Clause” section beginning on page 39 and continuing until page 40 it states, in relevant part, that “before setting any hearing or initiating discovery in a suit for modification of the terms and conditions of conservatorship, possession, or support of the child, except in an emergency, the parties shall mediate the controversy in good faith’. 2 Respondent has set a hearing on Mental Examination on October 3", 2022, at 8:30 a.m., but the parties have not mediated. The Petitioner hereby moves the Court to enter an order abating hearings in this action for one hundred and fifty (150) days or until such required mediation occurs. i. OBJECTION TO APPOINTMENT OF AMICUS ATTORNEY In the alternative, there is not good cause to appoint an Amicus attorney. Furthermore, there is no good cause that demonstrates the requirement for Petitioner to pay for such an appointment. 2021 MODIFCATION PREVENTS ANY HEARING PRIOR TO MEDIATION Page 1 of 3 As stated above, in the parties’ previous June 2021 Agreed Modification Order with this Court it is ordered in relevant part that “before setting any hearing or initiating discovery in a suit for modification of the terms and conditions of conservatorship, possession, or support of the child, except in an emergency, the parties shall mediate the controversy in good faith” pg. 39. Thus, no appointment of Amicus nor a hearing may take place until the parties mediate as ordered. I. OBJECTION TO MENTAL EXAMINATION Additionally, there is no good cause for Petitioner nor the child to be subjected to a mental examination, because the mental condition is not nor ever has been a controversy in this case. The child is doing well in school and is thriving under the circumstances. Furthermore, there is no good cause that demonstrates the requirement for Petitioner to pay for such an appointment. Respondent requests that Petitioner be subjected to mental examination, but requests that he bare all of the unnecessary costs. Further, all such allegations in regard to Petitioner's and/or child’s alleged behavior are not verified by any supporting evidence or affidavits, and all such allegations should therefore not be considered or taken as true. Also, again, in the parties’ previous June 2021 Agreed Modification Order it is ordered in relevant part that “before setting any hearing or initiating discovery in a suit for modification of the terms and conditions of conservatorship, possession, or support of the child, except in an emergency, the parties shall mediate the controversy in good faith” pg. 39. Thus, a hearing may not take place until the parties mediate as ordered. In the alternative, should the Court grant the mental examination of Petitioner and/or the child, petitioner also requests that the Court appoint a psychologist to make any and all appropriate mental examinations of VIBHA JAIN, specifically a psychological evaluation. Further, VIBHA JAIN should be required to provide all treatment notes and counseling records for any past psychological treatment. PRAYER WHEREFORE, ATUL GUPTA, Petitioner, prays the Court grant his Motion to Abate as set forth herein, and for all further relief, at law or in equity, the Court deems necessary. ATUL GUPTA prays that the Court deny the Motion for Appointment of Amicus Attorney and Motion for Mental Examination as stated herein. Respectfully submitted, REVACK, SAMAAN & MULLER, LLP 6300 West Loop South, Suite 340 Bellaire, Texas 77401 Page 2 of 3 Tel: (713) 271-8282 Fax: (713) 271-2112 By:_/s/ Ronald C. Muller RONALD C. MULLER SBN: 14649100 muller@rsmlegaltam.com Attorney for Petitioner Notice of Hearing The above motion is set for hearing on October 3", 2022, at 8:30 a.m. in 328 District Court of Fort Bend County Texas. Certificate of Service | certify that a true copy of this document was served in accordance with rule 21a of the Texas Rules of Civil Procedure on the following on September 26th, 2022: CHRISTINE R. THRASH by electronic filing manager. /s/ Ronald C. Muller RONALD C. MULLER Attorney for Petitioner Page 3 of 3