On August 17, 2017 a
Motion,Ex Parte
was filed
involving a dispute between
Downie-Fraser, Nicole E.,
and
Sainz, Valeria,
for MOTOR VEHICLE ACCIDENT
in the District Court of Dallas County.
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FILED
3/8/2022 4:30 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Martin Reyes DEPUTY
CAUSE NO. DC-17-10220
NICOLE E. DOWNlE-FRASER, IN THE DISTRICT COURT
Plaintiff,
v. 95“" JUDICIAL DISTRICT
VALERIA SAINZ,
Defendant DALLAS COUNTY, TEXAS
PLAINTIFFS MOTION FOR CONTINUANCE
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, NICOLE DOWNlE-FRASER, Plaintiff, and moves the Court to
continue the trial in the above-entitled and numbered cause, heretofore set for February
28, 2022, for at least 90 days. The Plaintiff seeks this continuance because Plaintiff has
recently relocated to Houston and started a new job as a First Assist Surgical
Technician at Houston Methodist Hospital. Plaintiff began her current role on Monday,
February 28, 2022 and has been in orientation the past two weeks. Plaintiff is currently
only one of two night-time First Assist Surgical Technicians. As a First Assist Surgical
Technician, Plaintiff assists the delivering doctor with any emergency night time c-
sections. In her current role, she is the only surgical assistant on duty that specific shift
and unfortunately Plaintiff was unable to get her shift covered in order to attend the
current trial setting. If the Court grants this continuance, Plaintiff assures the Court that
she will be present at the next trial setting because of the additional notice. This request
for continuance is not for delay only, but that justice may be done.
PRAYER
WHEREFORE, the Plaintiff requests that the Court continue this case for at least
90 days.
PLAINTIFF’S MOTION FOR CONTINUANCE PAGE 1
Respectfully submitted,
Ben Abbott & Associates, PLLC
1934 Pendleton Drive
Garland, TX 75041
(972) 263-5555
(817) 263-5555
(972) 682-7586 Facsimile
eService@benabbott.com
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State Bar}No.2 4T 07363
TTOR EY FOR PLAINTIFF
NIcole E. DownIe-Fr ser
PLAINTIFF
PLAINTIFF’S MOTION FOR CONTINUANCE PAGE 2
CERTIFICATE OF SERVICE
This is to certify that the foregoing Plaintiff’s Motion for Continuance has been
forwarded to Counsel for the Defendant on this 8_“‘ day of March, 202_2, as follows:
VIA ESERVICE
Young Jenkins
Lisa Chastain & Associates
P.O. Box 655441
Dallas, TX 75265
@a/"Hfincoold
CERTIFICATE OF CONFERENCE
l, hereby certify, that Defense Counsel:
(_) is agreed to this motion
(L) is opposed to this motion
(_) is unopposed to this motion
(_) was unable to confer with Defense Counsel regarding their position on this
motion.
La;
“my
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PLAINTIFF’S MOTION FOR CONTINUANCE PAGE 3
VERIFICATION
STATE OF TEXAS §
§
COUNTY OF DALLAS §
BEFORE ME, THE UNDERSIGNED AUTHORITY, on this day personally
appeared Joshua Hancock, who being by me first duly sworn did on his/her oath
depose and say that he/she is a person duly qualified and authorized in all respects to
make this Affidavit; that he/she has read the above and foregoing Verified Motion for
Continuance; that the facts in it are within his/her personal knowledge, and are true and
correct.
SWORN TO AND SUBSCRIBED before me by Joshua Hancock on the
w CO
8_“‘ day
of March, 202.
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NOTARY PUBLIC in and for
the STATE OF TEXAS
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PLAINTIFF’S MOTION FOR CONTINUANCE PAGE 4
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.
ANTHONY MATA on behalf of Joshua Hancock
Bar No. 24107363
anthony.mata@benabbott.com
Envelope ID: 62419977
Status as of 3/9/2022 7:56 AM CST
Associated Case Party: VALERIA SAINZ
Name BarNumber Email TimestampSubmitted Status
Young Christian Jenkins 24034505 DallasLegal@allstate.com 3/8/2022 4:30:55 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
KHARON WILLIAMS KHARON.W|LLIAMS@DALLASCOUNTY.ORG 3/8/2022 4:30:55 PM SENT
Document Filed Date
March 08, 2022
Case Filing Date
August 17, 2017
Category
MOTOR VEHICLE ACCIDENT
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FILED 3/8/2022 4:30 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Martin Reyes DEPUTY CAUSE NO. DC-17-10220 NICOLE E. DOWNlE-FRASER, IN THE DISTRICT COURT Plaintiff, v. 95“" JUDICIAL DISTRICT VALERIA SAINZ, Defendant DALLAS COUNTY, TEXAS PLAINTIFFS MOTION FOR CONTINUANCE TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, NICOLE DOWNlE-FRASER, Plaintiff, and moves the Court to continue the trial in the above-entitled and numbered cause, heretofore set for February 28, 2022, for at least 90 days. The Plaintiff seeks this continuance because Plaintiff has recently relocated to Houston and started a new job as a First Assist Surgical Technician at Houston Methodist Hospital. Plaintiff began her current role on Monday, February 28, 2022 and has been in orientation the past two weeks. Plaintiff is currently only one of two night-time First Assist Surgical Technicians. As a First Assist Surgical Technician, Plaintiff assists the delivering doctor with any emergency night time c- sections. In her current role, she is the only surgical assistant on duty that specific shift and unfortunately Plaintiff was unable to get her shift covered in order to attend the current trial setting. If the Court grants this continuance, Plaintiff assures the Court that she will be present at the next trial setting because of the additional notice. This request for continuance is not for delay only, but that justice may be done. PRAYER WHEREFORE, the Plaintiff requests that the Court continue this case for at least 90 days. PLAINTIFF’S MOTION FOR CONTINUANCE PAGE 1 Respectfully submitted, Ben Abbott & Associates, PLLC 1934 Pendleton Drive Garland, TX 75041 (972) 263-5555 (817) 263-5555 (972) 682-7586 Facsimile eService@benabbott.com ~. w. ‘ u" -'\'_ r_C-’ . -r‘ , Ham kl State Bar}No.2 4T 07363 TTOR EY FOR PLAINTIFF NIcole E. DownIe-Fr ser PLAINTIFF PLAINTIFF’S MOTION FOR CONTINUANCE PAGE 2 CERTIFICATE OF SERVICE This is to certify that the foregoing Plaintiff’s Motion for Continuance has been forwarded to Counsel for the Defendant on this 8_“‘ day of March, 202_2, as follows: VIA ESERVICE Young Jenkins Lisa Chastain & Associates P.O. Box 655441 Dallas, TX 75265 @a/"Hfincoold CERTIFICATE OF CONFERENCE l, hereby certify, that Defense Counsel: (_) is agreed to this motion (L) is opposed to this motion (_) is unopposed to this motion (_) was unable to confer with Defense Counsel regarding their position on this motion. La; “my J PLAINTIFF’S MOTION FOR CONTINUANCE PAGE 3 VERIFICATION STATE OF TEXAS § § COUNTY OF DALLAS § BEFORE ME, THE UNDERSIGNED AUTHORITY, on this day personally appeared Joshua Hancock, who being by me first duly sworn did on his/her oath depose and say that he/she is a person duly qualified and authorized in all respects to make this Affidavit; that he/she has read the above and foregoing Verified Motion for Continuance; that the facts in it are within his/her personal knowledge, and are true and correct. SWORN TO AND SUBSCRIBED before me by Joshua Hancock on the w CO 8_“‘ day of March, 202. -' I? II:'flfiJ-‘fkjaxflh {Fifi-1"- E dart-La“ I. NOTARY PUBLIC in and for the STATE OF TEXAS 'inl-'.'IJIII. ._I..J.-_.-. ,5}- ._ ' -.=.-. H.~-.~:-.-u--1..4. " '...-.- 2': "Lu-Juli! +1 PLAINTIFF’S MOTION FOR CONTINUANCE PAGE 4 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. ANTHONY MATA on behalf of Joshua Hancock Bar No. 24107363 anthony.mata@benabbott.com Envelope ID: 62419977 Status as of 3/9/2022 7:56 AM CST Associated Case Party: VALERIA SAINZ Name BarNumber Email TimestampSubmitted Status Young Christian Jenkins 24034505 DallasLegal@allstate.com 3/8/2022 4:30:55 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status KHARON WILLIAMS KHARON.W|LLIAMS@DALLASCOUNTY.ORG 3/8/2022 4:30:55 PM SENT