On April 19, 2021 a
Hearing
was filed
involving a dispute between
Bng Management Group, Llc,
Pk Restaurant Group Inc,
and
Cho, Jimmy,
Giant Blue Inc,
Tozee Construction Inc,
for CNTR CNSMR COM DEBT
in the District Court of Dallas County.
Preview
FILED
7/18/2022 6:57 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Marissa Gomez DEPUTY
NO. DC-21-04907
PK GROUP, LLC, AND BNG § IN THE DISTRICT COURT
MANAGEMENT GROUP, LLC §
§
Plaintiffs, §
§
v. § IOIST JUDICIAL DISTRICT
§
TOZEE CONSTRUCTION INC., GIANT §
BLUE, INC., AND JIMMY CHO, §
INDIVIDUALLY §
§
Defendants. § DALLAS COUNTY, TEXAS
EMERGENCY MOTION FOR CONTINUANCE OF HEARING
TO THE HONORABLE COURT
Tozee Construction Inc., Giant Blue Inc, and Jimmy Cho, Defendants in the above
numbered and styled action, brings this EMERGENCY MOTION FOR CONTINUANCE OF
HEARING, and would show the court the following:
I.
BACKGROUND
Plaintiffs filed suit on April l9, 2021.
Plaintiff’ s Motion to Compel in this Matter is currently set for the July 22, 2022.
3. Counsel for Defendant believes that this is Defendant’s first motion for Continuance.
4. The Office of Counsel for Defendants contacted opposing counsel for Plaintiff on July 18,
2022 regarding a continuance. Counsel for Plaintiff has had 4 days-notice of intent to seek
continuance.
5. Currently it is only 4 days until the hearing.
MOTION FOR CONTINUANCE
PAGE 1 0F 3
II.
ARGUMENT
6. Counsel for Defendants, William Chu had scheduled a kidney stone removal surgery on
July 15, 2022. However, the surgery was cancelled by the Doctor and was rescheduled to Friday,
July 22, 2022, which is the next earliest available date for a surgery. Presently the hearing on
Plaintiff’s Motion to Compel is set for July 22, 2022.
7. Pursuant to the Texas Rules of Civil Procedure this Court has authority to control its docket
and set matters for Trial and hearings.
8. This continuance is not sought for delay only, but that justice may be done.
9. If the Court fails to grant this continuance, Defendants will suffer substantial harm or
prejudice in the presentation of its Defense.
10. If this Court grants this Motion for Continuance, Plaintiff will not suffer any harm or
prejudice.
PRAYER FOR RELIEF
WHEREFORE, premises considered, Defendants prays that this Court grants Defendants’ first
Motion for Continuance and continues the hearing on Motion to Compel on the merits to a date to
be determined later.
/s/ William Chu
William Chu
SBN: 04241000
wmchulaw@aol.com
LAW OFFICES 0F WILLIAM CHU
4455 LBJ Freeway, Suite 1008
Dallas, Texas 75244
(T) 972-392-9888
(F) 972-392-9889
ATTORNEY FOR
DEFENDAN TS
MOTION FOR CONTINUANCE
PAGE 2 OF 3
VERIFICATION
BEFORE ME appeared the undersigned person, who after being duly sworn stated that the above
Motion for Continuance is true and correct and Within his personal knowledge.
/s/Wi11iam Chu
Signed on this 18th day of July, 2022.
CERTIFICATE OF SERVICE
Pursuant to Texas Rules of Civil Procedure 21a, the undersigned certifies that a true and correct
copy of this document was contemporaneously E-served to all parties or their counsel of record
Via efile.txcourts.gov to their email address on file therein on July 18, 2022.
/s/ William Chu
CERTIFICATE 0F CONFERENCE
The undersigned certifies that attempts to confer with opposing parties were contacted regarding
the merits of this document. The Office of Counsel for Defendants emailed Counsel for Plaintiff
regarding this Motion for Continuance. Counsel for Plaintiff is opposed.
/s/William Chu
MOTION FOR CONTINUANCE
PAGE 3 OF 3
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.
William Chu
Bar No. 04241000
wmchulaw@aol.com
Envelope ID: 66434063
Status as of 7/19/2022 10:35 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
William Chu wmchulaw@aol.com 7/18/2022 6:57:39 PM SENT
Jordan Whiddon 24093350 jwhiddon@songwhiddon.com 7/18/2022 6:57:39 PM SENT
Yuliana Ramirez yuliana@tailimsong.com 7/18/2022 6:57:39 PM SENT
william Knisley knisley.wmchulaw@gmail.com 7/18/2022 6:57:39 PM SENT
Tailim Song tsong@tailimsong.com 7/18/2022 6:57:39 PM SENT
Law Offices ofWiIliam Chu docs.wmchulaw@gmail.com 7/18/2022 6:57:39 PM SENT
Chris LValentine cvalentine@tailimsong.com 7/18/2022 6:57:39 PM SENT
Office Efiles wmchulawefile@gmail.com 7/18/2022 6:57:39 PM SENT
Abigael Campbell acampbell@tailimsong.com 7/18/2022 6:57:39 PM SENT
Document Filed Date
July 18, 2022
Case Filing Date
April 19, 2021
Category
CNTR CNSMR COM DEBT
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED 7/18/2022 6:57 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Marissa Gomez DEPUTY NO. DC-21-04907 PK GROUP, LLC, AND BNG § IN THE DISTRICT COURT MANAGEMENT GROUP, LLC § § Plaintiffs, § § v. § IOIST JUDICIAL DISTRICT § TOZEE CONSTRUCTION INC., GIANT § BLUE, INC., AND JIMMY CHO, § INDIVIDUALLY § § Defendants. § DALLAS COUNTY, TEXAS EMERGENCY MOTION FOR CONTINUANCE OF HEARING TO THE HONORABLE COURT Tozee Construction Inc., Giant Blue Inc, and Jimmy Cho, Defendants in the above numbered and styled action, brings this EMERGENCY MOTION FOR CONTINUANCE OF HEARING, and would show the court the following: I. BACKGROUND Plaintiffs filed suit on April l9, 2021. Plaintiff’ s Motion to Compel in this Matter is currently set for the July 22, 2022. 3. Counsel for Defendant believes that this is Defendant’s first motion for Continuance. 4. The Office of Counsel for Defendants contacted opposing counsel for Plaintiff on July 18, 2022 regarding a continuance. Counsel for Plaintiff has had 4 days-notice of intent to seek continuance. 5. Currently it is only 4 days until the hearing. MOTION FOR CONTINUANCE PAGE 1 0F 3 II. ARGUMENT 6. Counsel for Defendants, William Chu had scheduled a kidney stone removal surgery on July 15, 2022. However, the surgery was cancelled by the Doctor and was rescheduled to Friday, July 22, 2022, which is the next earliest available date for a surgery. Presently the hearing on Plaintiff’s Motion to Compel is set for July 22, 2022. 7. Pursuant to the Texas Rules of Civil Procedure this Court has authority to control its docket and set matters for Trial and hearings. 8. This continuance is not sought for delay only, but that justice may be done. 9. If the Court fails to grant this continuance, Defendants will suffer substantial harm or prejudice in the presentation of its Defense. 10. If this Court grants this Motion for Continuance, Plaintiff will not suffer any harm or prejudice. PRAYER FOR RELIEF WHEREFORE, premises considered, Defendants prays that this Court grants Defendants’ first Motion for Continuance and continues the hearing on Motion to Compel on the merits to a date to be determined later. /s/ William Chu William Chu SBN: 04241000 wmchulaw@aol.com LAW OFFICES 0F WILLIAM CHU 4455 LBJ Freeway, Suite 1008 Dallas, Texas 75244 (T) 972-392-9888 (F) 972-392-9889 ATTORNEY FOR DEFENDAN TS MOTION FOR CONTINUANCE PAGE 2 OF 3 VERIFICATION BEFORE ME appeared the undersigned person, who after being duly sworn stated that the above Motion for Continuance is true and correct and Within his personal knowledge. /s/Wi11iam Chu Signed on this 18th day of July, 2022. CERTIFICATE OF SERVICE Pursuant to Texas Rules of Civil Procedure 21a, the undersigned certifies that a true and correct copy of this document was contemporaneously E-served to all parties or their counsel of record Via efile.txcourts.gov to their email address on file therein on July 18, 2022. /s/ William Chu CERTIFICATE 0F CONFERENCE The undersigned certifies that attempts to confer with opposing parties were contacted regarding the merits of this document. The Office of Counsel for Defendants emailed Counsel for Plaintiff regarding this Motion for Continuance. Counsel for Plaintiff is opposed. /s/William Chu MOTION FOR CONTINUANCE PAGE 3 OF 3 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. William Chu Bar No. 04241000 wmchulaw@aol.com Envelope ID: 66434063 Status as of 7/19/2022 10:35 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status William Chu wmchulaw@aol.com 7/18/2022 6:57:39 PM SENT Jordan Whiddon 24093350 jwhiddon@songwhiddon.com 7/18/2022 6:57:39 PM SENT Yuliana Ramirez yuliana@tailimsong.com 7/18/2022 6:57:39 PM SENT william Knisley knisley.wmchulaw@gmail.com 7/18/2022 6:57:39 PM SENT Tailim Song tsong@tailimsong.com 7/18/2022 6:57:39 PM SENT Law Offices ofWiIliam Chu docs.wmchulaw@gmail.com 7/18/2022 6:57:39 PM SENT Chris LValentine cvalentine@tailimsong.com 7/18/2022 6:57:39 PM SENT Office Efiles wmchulawefile@gmail.com 7/18/2022 6:57:39 PM SENT Abigael Campbell acampbell@tailimsong.com 7/18/2022 6:57:39 PM SENT