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FILED
DALLAS COUNTY
6/13/2019 5:21 PM
FELICIA PITRE
DISTRICT CLERK
Miranda Lynch
DC.18.I474I
CAUSE NO. DC-18-14741
CHAMPS RESTAURANT SUPPLY $ DISTRICT COURT
IN THE DISTRICT
DEPOT, $
Plaintffi
Plaintiff $
s
v
v. s
s 116T“
1 16TU JUDICIAL DISTRICT
JUDICIAL
alk/aMICHAEL,
HUAN DINH DANG a/k/a MICHAEL, wwwmmmmmwmmw
$
BISTRO B CATERING dlblaB
CATERING LP d/b/a B $
CAF'É, HD GOLDEN MICHAEL
BANH CAFE, $
B CORPORATION, and PHO GOLDEN $
dlbla WHAT
LLC d/b/a \ryHAT THE PHO, $
Defendants.
Defendants. $
DALLAS COUNTY,
COUNTYO TEXAS
AGREED MOTION FOR CONTINUANCE
CONTINUANCE OF TRIAL DATE
TO THE HONORABLE JUDGE OF SAID COURT:
NOV/, Plaintiff
COMES NOW, Plaintiff CHAMPS RESTAURANT SUPPLY
SUPPLY DEPOT and
and Defendants
HUAN DINH DANG a/k/aMICHAEL, LP d/b/a
a/k/a MICHAEL, BISTRO B CATERING LP B BANH
dlblaB CAFÉ, HD
CAFE,
GOLDEN CORPORATION, and PHO GOLDEN LLC d/b/a
GOLDEN MICHAEL B CORPORATION, WHAT-THE
dlblaV/HAT THE PHO and
files this
files this Motionfor Continuance
Agreed Motionfor
Agreed of Trial Date,
Continuance ofTrial in support
Date, and in of same would respectfully
support of respectfully
the Court as
show the follows:
as follows:
I.
I.
INTRODUCTION
INTRODUCTION
1.
1. This matter
This matter currently on non-jury
is currently
is trial set
non-jury trial set for July 1,
for July 2019.
1, 2019.
2.
2. This case
This is proper
is judgment.
for summary judgment.
proper for
3.
3. Plaintiff will amend Plaintiff’s
Plaintiff will Plaintiff's Partial
Partial Motion
Motionfor
for Summary Judgment
Judgment that filed
that has been filed
with this
With this Court.
Court.
4.
4. Defendants' counsel
Defendants’ counsel has
has stated that he intends
stated that to withdraw
intends to withdraw from
from this câse. '
this case. ;
AGREED MOTION
AGREED FoR CONTINUANCE
MOTION FOR oF TRIAL DATE
CONTINUANCE 0F PAGB I 1I
PAGE |
II.
FACTS
5 Plaintiff initiated
Plaintiff initiated this
this case 2J,2018,
September 27,
on September 201 8, by filing
by filing Plaintiff's Original Petition.
Plaintiff’s Original Petition.
6 Plaintiff filed Plaintifl’s
Plaintiff filed First Amended
Plaintiff's First on November
Petition 0n
Amended Petition 12, 201
November 12, 2018, against
8, against
Defendants HUAN DINH DANG a/k/a
a/k/a MICHAEL, BISTRO B CATERING LP dlblaB
LP d/b/a B
BANH CAFE,
CAFÉ, HD GOLDEN MICHAEL B CORPORATION,
CORPORATION, ANd PHO
and GOLDEN LLC
d/b/a
d/b/a WHAT THE PHO asserting
asserting causes of action
causes of for breach
action for of contract,
breach 0f contract, suit verified
suit on verified
account, and
account, meruit.
quantum meruit.
7 Defendants HUAN DINH DANG a/k/a
a/k/a MICHAEL, BISTRO B CATERING LP dlblaB
LP d/b/a B
BANH CAFE,
CAFÉ, HD GOLDEN MICHAEL B CORPORATION, ANd PHO GOLDEN LLC
CORPORATION, and
d/b/a
d/b/a WHAT THE PHO filed
filed their Verified Answer 0n
their Amended Verified 7,2018.
on December 7, 201 8.
8. matter was then
The matter then set for Non-Jury Trial
set for Trial 0n July 1,
on July 2019.
1, 2019.
9. Plaintiff CHAMPS RESTAURANT SUPPLY DEPOT filed
Plaintiff Plaintiff's Partial
filed Plaintifl’s Motionfor
Partial Motionfor
April 18,
Judgment on April
Summary Judgment I8,20I9.
2019.
10
10. This case
This is proper for
is proper summary judgment.
for summary judgment.
11
11. Plaintiff will amend Plaintiff’s
Plaintiff will Plaintiff's Partial Motionfor Summary Judgment.
Partial Motionfor
t2
12. Defendants' counsel,
Defendants’ counsel, Grant.
Grant. S. stated on June
S. Goens, stated 12,2019,that
June 12, intends t0
2019, that he intends withdraw
to withdraw
this case.
from this case.
III.
III.
ARGUMENTS AND AUTHORITIES
AUTHORITIES
13
13. Court should
The Court
The should grant this motion
grant this motion for continuance.
for continuance. A motion for continuance
motion for continuance may be
granted where sufficient
granted sufficient cause shown. TEX.
is shown.
is TEx. R. CIv. P.
R. CIV. P. 251.
251.
t4
14. This continuance
This continuance is not
is not being for the
being sought for the purpose of delay,
purpose 0f but so
delay, but that justice
so that justice may be
MoTIoN FOR
AGRBED MOTION
AGREED FoR CONTINUANCE oF TRIAL DATE
CONTINUANCE 0F PAGE | 2
|
done.
IV.
IV.
PRAYER
Plaintiff CHAMPS RESTAURANT SUPPLY
WHEREFORE, Plaintiff SUPPLY DEPOT
DEPOT and
and Defendants
Defendants
HUAN DINH DANG a/k/a LP d/b/a
a/K/a MICHAEL, BISTRO B CATERING LP dIbIABB BANH CAFÉ, HD
CAFE,
GOLDEN B CORPORATION,
GOLÐEN MICHAEL B CORPORATION, and
and PHO dlbla WHAT THE
LLC d/b/a
PHO GOLDEN LLC THE PHO
pray that
pray notice and hearing
that upon notice hearing as by law,
required by
as required law, and upon hearing
hearing all of
all of the
the evidence
evidence and
of counsel,
arguments of that
counsel, that this Court
this grant their
Court grant Motion For
their Agreed Motion For Continuance of Trial Date,
of Trial Date,
reset the
reset Trial
the Trial after
after September
September 1,2019.
1, Plaintiff and Defendants further
2019. Plaintiff for all
pray for
further pray all such other
other
relief, at
relief, at in equity,
or in
law or equity, to this Court
to which this find it
Court may find it t0 justly entitled.
to be justly entitled.
Respectfully submitted:
Respectfully submitted :
DARRELL W. COOK & ASSOCIATES
ASSOCIATES
A PROFESSIONAL
PROFES SIONAL CORPORATION
CORPORATION
lslDarrell
/s/ V/. Cook
Darrell W.
W. COOK
DARRELL W.
No. 00787279
State Bar No.
State
dwcook@attorneycook.com
MORGAN B.
B. BUFKIN
State
State No. 241
Bar No. 24113630
13630
mor gan@atto rne yc o o k. c o m
morgan@attorneycook.com
North Central
6688 North Central Expressway, Suite 1000
Expressway, Suite
Dallas, TX75206
Dallas, TX 75206
(21 4) 368—4686
(214) 3 68 -46 8 6 —Telephone
-Telephone
(214) 593-5713 — Facsimile
(214) 593-5713 - Facsimile
ATTORNEYS FOR PLAINTIFF
PLAINTIFF
AGREED MOTION
AGREED MOTION FOR
FOn CONTINUANCE 0F TRIAL DATE
CONTINUANCE OF PAGE | 3
l
/s/ Grant
/s/ Grant S. (with permission)
S. Goens (with permission)
Grant S.
Grant S. Goens
State
State No.24007245
Bar No. 24007245
grant@goenslaw.com
grant@goenslaw.com
Office of
Law Office of Grant S. P.L.L.C.
S. Goens, P.L.L.C.
2301 ForestLane,
2301 Forest Lane, Suite
Suite 304
75042
Garland, Texas 75042
Garland,
(972)
(972) 487 -578
487-5781 I Telephone
(97 2) 487-5782
(972) Facsimile
487 - 5782 Facsimile
ATTORNEY FOR DEFENDANTS
ATTORNEY DEF'ENDANTS
CERTIFICATE OF SERVICE
I hereby
I certify that
hereby certify the 135‘
that on the of June,
day 0f
13't day June,2019, true and correct
2019, a true copy of
correct copy the above and
of the
foregoing was forwarded
foregoing was to
the following
forwarded t0 the in
following in accordance with the
accordance with the TEXAS RulBs OF
Tpxes RULES oF CIVIL
CIVIL
PRocnouRn:
PROCEDURE:
S. Goens
Grant S.
Lew OFFICE
LAw O¡r'rcE 0F
oF GRANT s.
s. GOENs, P.L.L.C.
GoENS, P.L.L.C.
2301 ForestLane,
2301 Forest Suite 304
Lane, Suite
Garland, Texas 75042
Garland,
Danell W. Cook
/s/ Darrell
/s/
DARRELL W.
DARRELL W. COOK
MoTIoN FOR
AGREED MOTION
AGREED FoR CONTINUANCE oF TRIAL DATE
C0NTINUANCE 0F Pncn | 4
PAGE |
VERIFICATION
VERIFICATION
STATE OF TEXAS $
§
$
COUNTY
COI-INTY OF DALLAS $
g
Before me, the
Before me, the undersigned
undersigned Notary Public, on
Notary Public, this day
this personally appeared
day personally Danell W.
appeared Darrell V/.
who, after
Cook, who,
Cook, after being duly sworn,
being duly sworn, stated that he
oath that
stated under oath he has read the
has read Motion
the above Agreed Motion
for Continuance 0f
for Tri alDate;
of Trial Date; that every
and that every statement
statement contained in the
contained in the foregoing motion is
foregoing motion within
is within
personal
his personal
his is true
knowledge and is conect.
true and correct.
BY
BY: Wow
-Iú-{odp
V/. COOK
DARRELL W.
SIGNED AND SWORN
SV/ORN to before me on
to before tn" löþ
on the of June
day 0f
Lééb day June,,2019.
2019.
REBECCA SPURGIN
SPURGIN
No1crv Public, State
Nolory Public. of Texas
Slofe of lexos
N
Notary
.
-
State 0f exa
Publlc, State
.
Commission Exphes
My Commission Expires
Aptll22,2019
Apt” 22. 2019
AGREED MOTION
AGREED MOTION FOR CONTINUANCE OF TRIAL DATE
CONTINUANCE 0F PAGE | 5
|
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FILED DALLAS COUNTY 6/13/2019 5:21 PM FELICIA PITRE DISTRICT CLERK Miranda Lynch DC.18.I474I CAUSE NO. DC-18-14741 CHAMPS RESTAURANT SUPPLY $ DISTRICT COURT IN THE DISTRICT DEPOT, $ Plaintffi Plaintiff $ s v v. s s 116T“ 1 16TU JUDICIAL DISTRICT JUDICIAL alk/aMICHAEL, HUAN DINH DANG a/k/a MICHAEL, wwwmmmmmwmmw $ BISTRO B CATERING dlblaB CATERING LP d/b/a B $ CAF'É, HD GOLDEN MICHAEL BANH CAFE, $ B CORPORATION, and PHO GOLDEN $ dlbla WHAT LLC d/b/a \ryHAT THE PHO, $ Defendants. Defendants. $ DALLAS COUNTY, COUNTYO TEXAS AGREED MOTION FOR CONTINUANCE CONTINUANCE OF TRIAL DATE TO THE HONORABLE JUDGE OF SAID COURT: NOV/, Plaintiff COMES NOW, Plaintiff CHAMPS RESTAURANT SUPPLY SUPPLY DEPOT and and Defendants HUAN DINH DANG a/k/aMICHAEL, LP d/b/a a/k/a MICHAEL, BISTRO B CATERING LP B BANH dlblaB CAFÉ, HD CAFE, GOLDEN CORPORATION, and PHO GOLDEN LLC d/b/a GOLDEN MICHAEL B CORPORATION, WHAT-THE dlblaV/HAT THE PHO and files this files this Motionfor Continuance Agreed Motionfor Agreed of Trial Date, Continuance ofTrial in support Date, and in of same would respectfully support of respectfully the Court as show the follows: as follows: I. I. INTRODUCTION INTRODUCTION 1. 1. This matter This matter currently on non-jury is currently is trial set non-jury trial set for July 1, for July 2019. 1, 2019. 2. 2. This case This is proper is judgment. for summary judgment. proper for 3. 3. Plaintiff will amend Plaintiff’s Plaintiff will Plaintiff's Partial Partial Motion Motionfor for Summary Judgment Judgment that filed that has been filed with this With this Court. Court. 4. 4. Defendants' counsel Defendants’ counsel has has stated that he intends stated that to withdraw intends to withdraw from from this câse. ' this case. ; AGREED MOTION AGREED FoR CONTINUANCE MOTION FOR oF TRIAL DATE CONTINUANCE 0F PAGB I 1I PAGE | II. FACTS 5 Plaintiff initiated Plaintiff initiated this this case 2J,2018, September 27, on September 201 8, by filing by filing Plaintiff's Original Petition. Plaintiff’s Original Petition. 6 Plaintiff filed Plaintifl’s Plaintiff filed First Amended Plaintiff's First on November Petition 0n Amended Petition 12, 201 November 12, 2018, against 8, against Defendants HUAN DINH DANG a/k/a a/k/a MICHAEL, BISTRO B CATERING LP dlblaB LP d/b/a B BANH CAFE, CAFÉ, HD GOLDEN MICHAEL B CORPORATION, CORPORATION, ANd PHO and GOLDEN LLC d/b/a d/b/a WHAT THE PHO asserting asserting causes of action causes of for breach action for of contract, breach 0f contract, suit verified suit on verified account, and account, meruit. quantum meruit. 7 Defendants HUAN DINH DANG a/k/a a/k/a MICHAEL, BISTRO B CATERING LP dlblaB LP d/b/a B BANH CAFE, CAFÉ, HD GOLDEN MICHAEL B CORPORATION, ANd PHO GOLDEN LLC CORPORATION, and d/b/a d/b/a WHAT THE PHO filed filed their Verified Answer 0n their Amended Verified 7,2018. on December 7, 201 8. 8. matter was then The matter then set for Non-Jury Trial set for Trial 0n July 1, on July 2019. 1, 2019. 9. Plaintiff CHAMPS RESTAURANT SUPPLY DEPOT filed Plaintiff Plaintiff's Partial filed Plaintifl’s Motionfor Partial Motionfor April 18, Judgment on April Summary Judgment I8,20I9. 2019. 10 10. This case This is proper for is proper summary judgment. for summary judgment. 11 11. Plaintiff will amend Plaintiff’s Plaintiff will Plaintiff's Partial Motionfor Summary Judgment. Partial Motionfor t2 12. Defendants' counsel, Defendants’ counsel, Grant. Grant. S. stated on June S. Goens, stated 12,2019,that June 12, intends t0 2019, that he intends withdraw to withdraw this case. from this case. III. III. ARGUMENTS AND AUTHORITIES AUTHORITIES 13 13. Court should The Court The should grant this motion grant this motion for continuance. for continuance. A motion for continuance motion for continuance may be granted where sufficient granted sufficient cause shown. TEX. is shown. is TEx. R. CIv. P. R. CIV. P. 251. 251. t4 14. This continuance This continuance is not is not being for the being sought for the purpose of delay, purpose 0f but so delay, but that justice so that justice may be MoTIoN FOR AGRBED MOTION AGREED FoR CONTINUANCE oF TRIAL DATE CONTINUANCE 0F PAGE | 2 | done. IV. IV. PRAYER Plaintiff CHAMPS RESTAURANT SUPPLY WHEREFORE, Plaintiff SUPPLY DEPOT DEPOT and and Defendants Defendants HUAN DINH DANG a/k/a LP d/b/a a/K/a MICHAEL, BISTRO B CATERING LP dIbIABB BANH CAFÉ, HD CAFE, GOLDEN B CORPORATION, GOLÐEN MICHAEL B CORPORATION, and and PHO dlbla WHAT THE LLC d/b/a PHO GOLDEN LLC THE PHO pray that pray notice and hearing that upon notice hearing as by law, required by as required law, and upon hearing hearing all of all of the the evidence evidence and of counsel, arguments of that counsel, that this Court this grant their Court grant Motion For their Agreed Motion For Continuance of Trial Date, of Trial Date, reset the reset Trial the Trial after after September September 1,2019. 1, Plaintiff and Defendants further 2019. Plaintiff for all pray for further pray all such other other relief, at relief, at in equity, or in law or equity, to this Court to which this find it Court may find it t0 justly entitled. to be justly entitled. Respectfully submitted: Respectfully submitted : DARRELL W. COOK & ASSOCIATES ASSOCIATES A PROFESSIONAL PROFES SIONAL CORPORATION CORPORATION lslDarrell /s/ V/. Cook Darrell W. W. COOK DARRELL W. No. 00787279 State Bar No. State dwcook@attorneycook.com MORGAN B. B. BUFKIN State State No. 241 Bar No. 24113630 13630 mor gan@atto rne yc o o k. c o m morgan@attorneycook.com North Central 6688 North Central Expressway, Suite 1000 Expressway, Suite Dallas, TX75206 Dallas, TX 75206 (21 4) 368—4686 (214) 3 68 -46 8 6 —Telephone -Telephone (214) 593-5713 — Facsimile (214) 593-5713 - Facsimile ATTORNEYS FOR PLAINTIFF PLAINTIFF AGREED MOTION AGREED MOTION FOR FOn CONTINUANCE 0F TRIAL DATE CONTINUANCE OF PAGE | 3 l /s/ Grant /s/ Grant S. (with permission) S. Goens (with permission) Grant S. Grant S. Goens State State No.24007245 Bar No. 24007245 grant@goenslaw.com grant@goenslaw.com Office of Law Office of Grant S. P.L.L.C. S. Goens, P.L.L.C. 2301 ForestLane, 2301 Forest Lane, Suite Suite 304 75042 Garland, Texas 75042 Garland, (972) (972) 487 -578 487-5781 I Telephone (97 2) 487-5782 (972) Facsimile 487 - 5782 Facsimile ATTORNEY FOR DEFENDANTS ATTORNEY DEF'ENDANTS CERTIFICATE OF SERVICE I hereby I certify that hereby certify the 135‘ that on the of June, day 0f 13't day June,2019, true and correct 2019, a true copy of correct copy the above and of the foregoing was forwarded foregoing was to the following forwarded t0 the in following in accordance with the accordance with the TEXAS RulBs OF Tpxes RULES oF CIVIL CIVIL PRocnouRn: PROCEDURE: S. Goens Grant S. Lew OFFICE LAw O¡r'rcE 0F oF GRANT s. s. GOENs, P.L.L.C. GoENS, P.L.L.C. 2301 ForestLane, 2301 Forest Suite 304 Lane, Suite Garland, Texas 75042 Garland, Danell W. Cook /s/ Darrell /s/ DARRELL W. DARRELL W. COOK MoTIoN FOR AGREED MOTION AGREED FoR CONTINUANCE oF TRIAL DATE C0NTINUANCE 0F Pncn | 4 PAGE | VERIFICATION VERIFICATION STATE OF TEXAS $ § $ COUNTY COI-INTY OF DALLAS $ g Before me, the Before me, the undersigned undersigned Notary Public, on Notary Public, this day this personally appeared day personally Danell W. appeared Darrell V/. who, after Cook, who, Cook, after being duly sworn, being duly sworn, stated that he oath that stated under oath he has read the has read Motion the above Agreed Motion for Continuance 0f for Tri alDate; of Trial Date; that every and that every statement statement contained in the contained in the foregoing motion is foregoing motion within is within personal his personal his is true knowledge and is conect. true and correct. BY BY: Wow -Iú-{odp V/. COOK DARRELL W. SIGNED AND SWORN SV/ORN to before me on to before tn" löþ on the of June day 0f Lééb day June,,2019. 2019. REBECCA SPURGIN SPURGIN No1crv Public, State Nolory Public. of Texas Slofe of lexos N Notary . - State 0f exa Publlc, State . Commission Exphes My Commission Expires Aptll22,2019 Apt” 22. 2019 AGREED MOTION AGREED MOTION FOR CONTINUANCE OF TRIAL DATE CONTINUANCE 0F PAGE | 5 |