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FILED
6/22/2023 3:59 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
CAROLYN SELLERS DEPUTY
Cause No. DC—23-01033
PROTECTIVE INSURANCE § IN THE COUNTY CIVIL COURT
COMPANY §
§
V. § DALLASCOUNTY, TEXAS
§
§
DAWN DENISE WILLIAMS § JUDICIAL DISTRICT
192ND
PLAINTIFF’S THIRD VERIFIED MOTION TO RETAIN CAUSE
COMES NOW Plaintiff, PROTECTIVE INSURANCE COMPANY, and files this Third
Verified Motion to Retain the above referenced cause and in support of same would Show as
follows:
Introduction
l. On January 23, 2023, Plaintiff filed this lawsuit.
2. On February 23, 2023, Plaintiff sent the citation out for service Via private process server.
3. On March 2, 2023, Plaintiff received confirmation of failed service attempts at 1203
Main Street, Grand Saline, TX 75140, and requested a new address for Defendant.
4. On March 3, 2023, Plaintiff received a new address for Defendant at 3625 Leon Rd.,
Garland, TX 75041, and sent the citation back out for service Via private process server.
5. On March 28, 2023, Plaintiff received confirmation of failed service attempts for
Defendant at 3625 Leon Rd., Garland, TX 75041, and requested a new address for Defendant.
6. On April 10, 2023, Plaintiff followed up with a new address for Defendant and did not
receive a response.
7. On April 26, 2023, Plaintiff received the same address at 1203 Main Street, Grand Saline,
Texas 75140 and requested confirmation to re-attempt service for Defendant.
8. On May 3, 2023, Plaintiff received correspondence stating Defendant had been
incarcerated and was possibly released from custody. Plaintiff requested additional time to
confirm the release of Defendant.
9. On May 9, 2023, Plaintiff requested approval to move forward with an outside vendor or
a new address for Defendant and did not receive a response.
10. On May 16, 2023, Plaintiff followed up with a new address for Defendant and did not
receive a response.
11. On May 18, 2023, Plaintiff followed up with a new address for Defendant once again and
did not receive a response.
12. On May 24, 2023, Plaintiff sent the citation back out for service at 1203 North Main St,
Grand Saline, TX 75140 for Defendant.
13. On June 5, 2023, Plaintiff received confirmation of failed service attempts at 1203 North
Main St, Grand Saline, TX 75140, and requested a new address for Defendant. Plaintiff was then
provided a new skip report reflecting the address at 3625 Leon Rd., Garland, TX 75041 as the
most current address for Defendant. However, the address at 3625 Leon Rd., Garland, TX 75041
was the initial residence attempted without success. Plaintiff requested further instructions as to
how to proceed.
14. On June 16, 2023, Plaintiff received correspondence inquiring about service by
publication. Plaintiff explained process of service by publication and requested further
instruction.
15. On June 21, 2023, Plaintiff followed up with instructions as to how to proceed via phone
and did not receive a response.
16. On June 22, 2023, Plaintiff followed up once again with further instruction and is
currently waiting for a response.
Good Cause
17. Plaintiff does intend to complete service for Defendant.
18. Plaintiff respectfully requests that the Court retain this cause and, subject to completion
of service.
19. The verification of Plaintiff’s counsel, Jason E. Wells is attached.
Prayer
20. Wherefore, premises considered Plaintiff respectfully prays the Court to retain this cause,
and subject to completion of service.
Respectfully submitted,
THE FUSSELMAN LAW FIRM, P.C.
/s/ Jason E. Wells
Christopher A. Fusselman
State Bar No. 00792520
Jason E. Wells
State Bar No. 24066279
1616 South Voss Rd., Ste. 775
Houston, Texas 77057
(713) 960-1619
(713) 960-1430 (fax)
E-Service E-Mail:
e—file@thefusselmanlawfirm.c0m
ATTORNEYS FOR PLAINTIFF
Cause NO. DC-23—01033
PROTECTIVE INSURANCE § IN THE COUNTY CIVIL COURT
COMPANY §
§
V. § DALLASCOUNTY, TEXAS
§
DAWN DENISE WILLIAMS {3'
192ND JUDICIAL DISTRICT
VERIFICATION 0F PLAINTIFF’S COUNSEL
STATE OF TEXAS §
§
HARRIS COUNTY (3‘
Before me the undersigned notary, on this day personally appeared Jason E. Wells, a person
whose identity is known to me. Afier I administered an oath to him, upon his oath he said he read
Plaintiff 5 Third Verified Motion to Retain Cause, and that all other facts stated in it are within his
personal knowledge and are true and correct.
@6/
fion E. Wells
SUBSCRIBED AND SWORN TO BEFORE MB on this the 22"cl day of June, 2023.
NOTA Y PUBLIC, STATE OF TEXAS
ZAYURY TORRES
Notary ID #133817253
My Commission Expires
June 16. 2026
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FILED 6/22/2023 3:59 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS CAROLYN SELLERS DEPUTY Cause No. DC—23-01033 PROTECTIVE INSURANCE § IN THE COUNTY CIVIL COURT COMPANY § § V. § DALLASCOUNTY, TEXAS § § DAWN DENISE WILLIAMS § JUDICIAL DISTRICT 192ND PLAINTIFF’S THIRD VERIFIED MOTION TO RETAIN CAUSE COMES NOW Plaintiff, PROTECTIVE INSURANCE COMPANY, and files this Third Verified Motion to Retain the above referenced cause and in support of same would Show as follows: Introduction l. On January 23, 2023, Plaintiff filed this lawsuit. 2. On February 23, 2023, Plaintiff sent the citation out for service Via private process server. 3. On March 2, 2023, Plaintiff received confirmation of failed service attempts at 1203 Main Street, Grand Saline, TX 75140, and requested a new address for Defendant. 4. On March 3, 2023, Plaintiff received a new address for Defendant at 3625 Leon Rd., Garland, TX 75041, and sent the citation back out for service Via private process server. 5. On March 28, 2023, Plaintiff received confirmation of failed service attempts for Defendant at 3625 Leon Rd., Garland, TX 75041, and requested a new address for Defendant. 6. On April 10, 2023, Plaintiff followed up with a new address for Defendant and did not receive a response. 7. On April 26, 2023, Plaintiff received the same address at 1203 Main Street, Grand Saline, Texas 75140 and requested confirmation to re-attempt service for Defendant. 8. On May 3, 2023, Plaintiff received correspondence stating Defendant had been incarcerated and was possibly released from custody. Plaintiff requested additional time to confirm the release of Defendant. 9. On May 9, 2023, Plaintiff requested approval to move forward with an outside vendor or a new address for Defendant and did not receive a response. 10. On May 16, 2023, Plaintiff followed up with a new address for Defendant and did not receive a response. 11. On May 18, 2023, Plaintiff followed up with a new address for Defendant once again and did not receive a response. 12. On May 24, 2023, Plaintiff sent the citation back out for service at 1203 North Main St, Grand Saline, TX 75140 for Defendant. 13. On June 5, 2023, Plaintiff received confirmation of failed service attempts at 1203 North Main St, Grand Saline, TX 75140, and requested a new address for Defendant. Plaintiff was then provided a new skip report reflecting the address at 3625 Leon Rd., Garland, TX 75041 as the most current address for Defendant. However, the address at 3625 Leon Rd., Garland, TX 75041 was the initial residence attempted without success. Plaintiff requested further instructions as to how to proceed. 14. On June 16, 2023, Plaintiff received correspondence inquiring about service by publication. Plaintiff explained process of service by publication and requested further instruction. 15. On June 21, 2023, Plaintiff followed up with instructions as to how to proceed via phone and did not receive a response. 16. On June 22, 2023, Plaintiff followed up once again with further instruction and is currently waiting for a response. Good Cause 17. Plaintiff does intend to complete service for Defendant. 18. Plaintiff respectfully requests that the Court retain this cause and, subject to completion of service. 19. The verification of Plaintiff’s counsel, Jason E. Wells is attached. Prayer 20. Wherefore, premises considered Plaintiff respectfully prays the Court to retain this cause, and subject to completion of service. Respectfully submitted, THE FUSSELMAN LAW FIRM, P.C. /s/ Jason E. Wells Christopher A. Fusselman State Bar No. 00792520 Jason E. Wells State Bar No. 24066279 1616 South Voss Rd., Ste. 775 Houston, Texas 77057 (713) 960-1619 (713) 960-1430 (fax) E-Service E-Mail: e—file@thefusselmanlawfirm.c0m ATTORNEYS FOR PLAINTIFF Cause NO. DC-23—01033 PROTECTIVE INSURANCE § IN THE COUNTY CIVIL COURT COMPANY § § V. § DALLASCOUNTY, TEXAS § DAWN DENISE WILLIAMS {3' 192ND JUDICIAL DISTRICT VERIFICATION 0F PLAINTIFF’S COUNSEL STATE OF TEXAS § § HARRIS COUNTY (3‘ Before me the undersigned notary, on this day personally appeared Jason E. Wells, a person whose identity is known to me. Afier I administered an oath to him, upon his oath he said he read Plaintiff 5 Third Verified Motion to Retain Cause, and that all other facts stated in it are within his personal knowledge and are true and correct. @6/ fion E. Wells SUBSCRIBED AND SWORN TO BEFORE MB on this the 22"cl day of June, 2023. NOTA Y PUBLIC, STATE OF TEXAS ZAYURY TORRES Notary ID #133817253 My Commission Expires June 16. 2026