Preview
FILED
5/11/2022 2:55 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Darling Tellez DEPUTY
CAUSE NO. DC—20-1 1514
HILL & WILKINSON CONSTRUCTION § IN THE DISTRICT COURT
GROUP, LTD. d/b/a HILL & WILKINSON §
GENERAL CONTRACTORS, §
Plaintiffi §
§
VS.
E DALLAS COUNTY, TEXAS
C.C. YOUNG MEMORIAL HOME, §
Defendant/Third—Parly Plaintifl, §
§
vs. §
§
D2 ARCHITECTURE, LLC §
Third—Party Defendant. § 68TH JUDICIAL DISTRICT
THIRD-PARTY DEFENDANT D2 ARCHITECTURE, LLC’S
MOTION TO ENTER SCHEDULING ORDER
TO THE HONORABLE JUDGE MARTIN HOFFMAN:
Third-Party Defendant D2 Architecture, LLC (“D2”) files this Motion to Enter Scheduling
Order, and respectfully shows the Court as follows:
1. Plaintiff filed Plaintiff’s Original Petition in this lawsuit on August 18, 2020.
Defendant C.C. Young Memorial Home (“CC Young”) filed its Original Answer and
Counterclaim on September 21, 2020.
2. On August 19, 2021, CC Young filed its Original Answer, First Amended
Counterclaim and Original Third-Party Petition asserting claims against D2. On September 2,
2021, the Court granted CC Young’s Unopposed Motion for Leave to File Third-Party Petition
asserting claims against D2. D2 was served on October 14, 2021. D2 filed its Original Answer
on December 20, 2021.
Third-Party Defendant D2 Architecture, LLC’s Motion to Enter Scheduling Order Page 1
54591 5
3. On November 19, 2021, the Court set trial in this case for August 2, 2022. D2 filed
a Motion for Continuance of the trial setting which is opposed by Plaintiff, but is unopposed by
Defendant CC Young. D2 sought a continuance of the deadlines and trial setting in this matter to
allow for the parties to engage in necessary fact and expert discovery and participate in mediation.
WHEREFORE, PREMISES CONSIDERED, D2 prays:
1. The Court continue the trial setting to December 12, 2022; and
2. The Court enter an Order substantially in the form as set forth in the Scheduling
Order filed concurrently herewith.
Respectfully submitted,
By: /s/ Larrv W. Johnson
LARRY W. JOHNSON
Texas Bar. No. 00796835
liohnson@cobbmartinez.com
VIRGINIA COX
Texas Bar No. 24106130
vcox@cobbmartinez.com
COBB MARTINEZ WOODWARD PLLC
1700 Pacific Avenue, Suite 3100
Dallas, Texas 75201
Phone: 214.220.5205
Facsimile: 214.220.5299
ATTORNEYS FOR THIRD-PARTY
DEFENDANT D2 ARCHITECTURE, LLC
Third-Party Defendant D2 Architecture, LLC’s Motion to Enter Scheduling Order Page 2
54591 5
CERTIFICATE OF CONFERENCE
I, the undersigned attorney, hereby certify to the Court that I have conferred with Plaintiffs
counsel in an effort to resolve the issues contained in this Motion for Continuance without the
necessity of Court intervention, and Plaintiff is opposed to this Motion. I further certify to the
Court that I have conferred with Defendant’s counsel in an effort to resolve the issues contained
in this Motion for Continuance without the necessity of Court intervention, and Defendant is
unopposed to this Motion.
Certified this 3rd day of May, 2022.
/s/ Larry W. Johnson
LARRY W. JOHNSON
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing instrument has been
forwarded to the following counsel of record by the method indicated on this 11th day of May,
2022.
Via eFile Through FileTime Via eFile Through FileTime
Mr. Patrick E. “Gene” Blanton Mr. Marc E. Gravely
Ms. Amanda M. Koch Mr. Michael M. Gavito
MIRA BLANTON PLLC Mr. Matt Soliday
8235 Douglas Ave., Suite 805 GRAVELY P.C.
Dallas, Texas 75225 16018 Via Shavano
gene.blanton@mirablanton.com San Antonio, Texas 78249
amanda.koch@mirablanton.com mgravelygQgravelylaw
mgavito@gravely.law
Mf- JOhn E- Slates msoliday@gravely.law
SLATEs HARWELL LLP
1700 Pacific Ave, Suite 3800 Mr. C. John Scheef, III
Dallas, Texas 75201 Ms. Katherine “Kate” Valent
islates(a)slatesharwell.com Scheef & Stone, LLP
[Counsel for Plaintiff] 2600 Network Blvd., Suite 400
Frisco, Texas 75034
iohn.scheef@solidcounsel.com
kate.valent@solidcounsel.com
[Counsel for Defendant/Third-Party
Plaintiff C.C. Young Memorial Home]
/s/ Larry W. Johnson
LARRY W. JOHNSON
Third-Party Defendant D2 Architecture, LLC’s Motion to Enter Scheduling Order Page 3
545915
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.
Lynn Ehemann on behalf of Larry Johnson
Bar No. 796835
lehemann@cobbmartinez.com
Envelope ID: 64410459
Status as of 5/12/2022 9:54 AM CST
Associated Case Party: D2 ARCHITECTURE LLC
Name BarNumber Email TimestampSubmitted Status
Lynn Ehemann lehemann@cobbmartinez.com 5/11/2022 2:55:36 PM SENT
Larry W.Johnson ljohnson@cobbmartinez.com 5/11/2022 2:55:36 PM SENT
Virginia E.Cox vcox@cobbmartinez.com 5/11/2022 2:55:36 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
C. John Scheef 17735585 john.scheef@solidcounsel.com 5/11/2022 2:55:36 PM SENT
Amy Reyes areyes@gravely.law 5/11/2022 2:55:36 PM SENT
Matt Soliday msoliday@gravely.law 5/11/2022 2:55:36 PM SENT
Mendy Meyer mendy.meyer@mirablanton.com 5/11/2022 2:55:36 PM SENT
Michael MGavito mgavito@gravely.law 5/11/2022 2:55:36 PM SENT
Marc Gravely mgravely@gravely.law 5/11/2022 2:55:36 PM SENT
Katherine Valent 24070654 katherine.valent@solidcounsel.com 5/11/2022 2:55:36 PM SENT
Chaunte Busby cbusby@cobbmartinez.com 5/11/2022 2:55:36 PM SENT
Associated Case Party: HlLL & WILKINSON CONSTRUCTION GROUP, LTD.
Name
Linda Martin
John Slates
Colbie Campbell
Andrea Semple
Gene Blanton
Amanda Koch
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.
Lynn Ehemann on behalf of Larry Johnson
Bar No. 796835
lehemann@cobbmartinez.com
Envelope ID: 64410459
Status as of 5/12/2022 9:54 AM CST
Associated Case Party: HlLL & WILKINSON CONSTRUCTION GROUP, LTD.
Charlotte Fletcher cfletcher@slateshan~ell.com 5/11/2022 2:55:36 PM SENT
Preview
FILED 5/11/2022 2:55 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Darling Tellez DEPUTY CAUSE NO. DC—20-1 1514 HILL & WILKINSON CONSTRUCTION § IN THE DISTRICT COURT GROUP, LTD. d/b/a HILL & WILKINSON § GENERAL CONTRACTORS, § Plaintiffi § § VS. E DALLAS COUNTY, TEXAS C.C. YOUNG MEMORIAL HOME, § Defendant/Third—Parly Plaintifl, § § vs. § § D2 ARCHITECTURE, LLC § Third—Party Defendant. § 68TH JUDICIAL DISTRICT THIRD-PARTY DEFENDANT D2 ARCHITECTURE, LLC’S MOTION TO ENTER SCHEDULING ORDER TO THE HONORABLE JUDGE MARTIN HOFFMAN: Third-Party Defendant D2 Architecture, LLC (“D2”) files this Motion to Enter Scheduling Order, and respectfully shows the Court as follows: 1. Plaintiff filed Plaintiff’s Original Petition in this lawsuit on August 18, 2020. Defendant C.C. Young Memorial Home (“CC Young”) filed its Original Answer and Counterclaim on September 21, 2020. 2. On August 19, 2021, CC Young filed its Original Answer, First Amended Counterclaim and Original Third-Party Petition asserting claims against D2. On September 2, 2021, the Court granted CC Young’s Unopposed Motion for Leave to File Third-Party Petition asserting claims against D2. D2 was served on October 14, 2021. D2 filed its Original Answer on December 20, 2021. Third-Party Defendant D2 Architecture, LLC’s Motion to Enter Scheduling Order Page 1 54591 5 3. On November 19, 2021, the Court set trial in this case for August 2, 2022. D2 filed a Motion for Continuance of the trial setting which is opposed by Plaintiff, but is unopposed by Defendant CC Young. D2 sought a continuance of the deadlines and trial setting in this matter to allow for the parties to engage in necessary fact and expert discovery and participate in mediation. WHEREFORE, PREMISES CONSIDERED, D2 prays: 1. The Court continue the trial setting to December 12, 2022; and 2. The Court enter an Order substantially in the form as set forth in the Scheduling Order filed concurrently herewith. Respectfully submitted, By: /s/ Larrv W. Johnson LARRY W. JOHNSON Texas Bar. No. 00796835 liohnson@cobbmartinez.com VIRGINIA COX Texas Bar No. 24106130 vcox@cobbmartinez.com COBB MARTINEZ WOODWARD PLLC 1700 Pacific Avenue, Suite 3100 Dallas, Texas 75201 Phone: 214.220.5205 Facsimile: 214.220.5299 ATTORNEYS FOR THIRD-PARTY DEFENDANT D2 ARCHITECTURE, LLC Third-Party Defendant D2 Architecture, LLC’s Motion to Enter Scheduling Order Page 2 54591 5 CERTIFICATE OF CONFERENCE I, the undersigned attorney, hereby certify to the Court that I have conferred with Plaintiffs counsel in an effort to resolve the issues contained in this Motion for Continuance without the necessity of Court intervention, and Plaintiff is opposed to this Motion. I further certify to the Court that I have conferred with Defendant’s counsel in an effort to resolve the issues contained in this Motion for Continuance without the necessity of Court intervention, and Defendant is unopposed to this Motion. Certified this 3rd day of May, 2022. /s/ Larry W. Johnson LARRY W. JOHNSON CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing instrument has been forwarded to the following counsel of record by the method indicated on this 11th day of May, 2022. Via eFile Through FileTime Via eFile Through FileTime Mr. Patrick E. “Gene” Blanton Mr. Marc E. Gravely Ms. Amanda M. Koch Mr. Michael M. Gavito MIRA BLANTON PLLC Mr. Matt Soliday 8235 Douglas Ave., Suite 805 GRAVELY P.C. Dallas, Texas 75225 16018 Via Shavano gene.blanton@mirablanton.com San Antonio, Texas 78249 amanda.koch@mirablanton.com mgravelygQgravelylaw mgavito@gravely.law Mf- JOhn E- Slates msoliday@gravely.law SLATEs HARWELL LLP 1700 Pacific Ave, Suite 3800 Mr. C. John Scheef, III Dallas, Texas 75201 Ms. Katherine “Kate” Valent islates(a)slatesharwell.com Scheef & Stone, LLP [Counsel for Plaintiff] 2600 Network Blvd., Suite 400 Frisco, Texas 75034 iohn.scheef@solidcounsel.com kate.valent@solidcounsel.com [Counsel for Defendant/Third-Party Plaintiff C.C. Young Memorial Home] /s/ Larry W. Johnson LARRY W. JOHNSON Third-Party Defendant D2 Architecture, LLC’s Motion to Enter Scheduling Order Page 3 545915 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. Lynn Ehemann on behalf of Larry Johnson Bar No. 796835 lehemann@cobbmartinez.com Envelope ID: 64410459 Status as of 5/12/2022 9:54 AM CST Associated Case Party: D2 ARCHITECTURE LLC Name BarNumber Email TimestampSubmitted Status Lynn Ehemann lehemann@cobbmartinez.com 5/11/2022 2:55:36 PM SENT Larry W.Johnson ljohnson@cobbmartinez.com 5/11/2022 2:55:36 PM SENT Virginia E.Cox vcox@cobbmartinez.com 5/11/2022 2:55:36 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status C. John Scheef 17735585 john.scheef@solidcounsel.com 5/11/2022 2:55:36 PM SENT Amy Reyes areyes@gravely.law 5/11/2022 2:55:36 PM SENT Matt Soliday msoliday@gravely.law 5/11/2022 2:55:36 PM SENT Mendy Meyer mendy.meyer@mirablanton.com 5/11/2022 2:55:36 PM SENT Michael MGavito mgavito@gravely.law 5/11/2022 2:55:36 PM SENT Marc Gravely mgravely@gravely.law 5/11/2022 2:55:36 PM SENT Katherine Valent 24070654 katherine.valent@solidcounsel.com 5/11/2022 2:55:36 PM SENT Chaunte Busby cbusby@cobbmartinez.com 5/11/2022 2:55:36 PM SENT Associated Case Party: HlLL & WILKINSON CONSTRUCTION GROUP, LTD. Name Linda Martin John Slates Colbie Campbell Andrea Semple Gene Blanton Amanda Koch 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. Lynn Ehemann on behalf of Larry Johnson Bar No. 796835 lehemann@cobbmartinez.com Envelope ID: 64410459 Status as of 5/12/2022 9:54 AM CST Associated Case Party: HlLL & WILKINSON CONSTRUCTION GROUP, LTD. Charlotte Fletcher cfletcher@slateshan~ell.com 5/11/2022 2:55:36 PM SENT