On January 08, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Khademazad, Behrooz,
and
Gharavi, Sean,
for OTHER (CIVIL)
in the District Court of Dallas County.
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FILED
DALLAS COUNTY
9/1 6/2019 4:23 PM
FELICIA PITRE
DISTRICT CLERK
Margaret Thomas
CAUSE NO. DC—18-00241
BEHROOZ KHADEMAZAD d/b/a, § IN THE DISTRICT COURT
GRAND PRAIRIE FAMILY DENTAL §
§
Plaintiff, §
§
v. § 101“ JUDICIAL DISTRICT
§
SEAN GHARAVI, §
§
Defendant. § DALLAS COUNTY, TEXAS
OPPOSED MOTION FOR CONTINUANCE
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES Defendant Sean Gharavi, as Movants herein and file this Opposed
Motion for Continuance, and in support hereof show the Court the following:
1. This case is currently set for trial on October 8, 2019. This is the second trial setting. A11
parties agree t0 this continuance as they have not yet mediated the case and they desire t0
mediate the case.
On September 12, 2019, Defendant filed a Motion for Summary Judgment.
On September 16, 2019, Defendant requested a hearing be set for his Motion for
Summary Judgment. October 7, 2019 was given as an available hearing date, but
Defendant’s counsel will be in court 0n October 7, 2019 in Tarrant County and cannot
make an appearance in Dallas County on that day.
Defendant requested his Motion for Summary Judgment be set for the morning of
October 8, 2019. Such request was declined by the clerk because it is the Court’s policy
not t0 set motion hearings 0n Tuesdays.
At the time of the filing 0f this motion, this case appears t0 be 11th in priority based on
age. It is a bench trial. There are ten jury trials set that have earlier filing dates. This
OPPOSED MOTION FOR CONTINUANCE - Page 1 0f 3
case was special set when it was continued because Defendant resides out of state. If the
case were not specially set, there is a substantial chance that it would not be reached on
the October 8th setting week.
6. If the case were continued, then the Court could (1) take on a jury trial with a higher age
priority and (2) perhaps more efficiently dispose 0f the case if the motion for summary
judgment is granted.
7. This continuance is sought so that justice may be done, and not for purposes of delay.
WHEREFORE, PREMISES CONSIDERED, Defendant Sean Gharavi requesst the
Court t0 grant his Opposed Motion for Continuance, t0 reset this case for trial on a date no
earlier than November 5, 2019, and for such other and further relief that may be awarded at law
0r in equity.
Respectfully submitted,
By /s/ Timothy E. Baker
Timothy E. Baker
Texas Bar No. 24050247
1205 S. Greenville Avenue
Allen, TX 75002
Tel. (214) 727-4956
Fax. (2 14) 506-60 1 5
tbaker@timbaker.com
DEFENDANT’S ATTORNEY
CERTIFICATE OF SERVICE
OPPOSED MOTION FOR CONTINUANCE - Page 2 0f 3
I hereby certify that on thel6th day of September, 2019 the foregoing document was
served on counsel for Plaintiff in accordance With the Texas Rules of Civil Procedure.
Timothy E. Baker
/s/
Timothy E. Baker
CERTIFICATE OF CONFERENCE
I hereby certify that 0n the 16th day of September, 2019, I conference With counsel for
Plaintiff Via phone and email and he indicated he is opposed t0 this motion.
Timothy E. Baker
/s/
Timothy E. Baker
OPPOSED MOTION FOR CONTINUANCE - Page 3 0f 3
Document Filed Date
September 16, 2019
Case Filing Date
January 08, 2018
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FILED DALLAS COUNTY 9/1 6/2019 4:23 PM FELICIA PITRE DISTRICT CLERK Margaret Thomas CAUSE NO. DC—18-00241 BEHROOZ KHADEMAZAD d/b/a, § IN THE DISTRICT COURT GRAND PRAIRIE FAMILY DENTAL § § Plaintiff, § § v. § 101“ JUDICIAL DISTRICT § SEAN GHARAVI, § § Defendant. § DALLAS COUNTY, TEXAS OPPOSED MOTION FOR CONTINUANCE TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES Defendant Sean Gharavi, as Movants herein and file this Opposed Motion for Continuance, and in support hereof show the Court the following: 1. This case is currently set for trial on October 8, 2019. This is the second trial setting. A11 parties agree t0 this continuance as they have not yet mediated the case and they desire t0 mediate the case. On September 12, 2019, Defendant filed a Motion for Summary Judgment. On September 16, 2019, Defendant requested a hearing be set for his Motion for Summary Judgment. October 7, 2019 was given as an available hearing date, but Defendant’s counsel will be in court 0n October 7, 2019 in Tarrant County and cannot make an appearance in Dallas County on that day. Defendant requested his Motion for Summary Judgment be set for the morning of October 8, 2019. Such request was declined by the clerk because it is the Court’s policy not t0 set motion hearings 0n Tuesdays. At the time of the filing 0f this motion, this case appears t0 be 11th in priority based on age. It is a bench trial. There are ten jury trials set that have earlier filing dates. This OPPOSED MOTION FOR CONTINUANCE - Page 1 0f 3 case was special set when it was continued because Defendant resides out of state. If the case were not specially set, there is a substantial chance that it would not be reached on the October 8th setting week. 6. If the case were continued, then the Court could (1) take on a jury trial with a higher age priority and (2) perhaps more efficiently dispose 0f the case if the motion for summary judgment is granted. 7. This continuance is sought so that justice may be done, and not for purposes of delay. WHEREFORE, PREMISES CONSIDERED, Defendant Sean Gharavi requesst the Court t0 grant his Opposed Motion for Continuance, t0 reset this case for trial on a date no earlier than November 5, 2019, and for such other and further relief that may be awarded at law 0r in equity. Respectfully submitted, By /s/ Timothy E. Baker Timothy E. Baker Texas Bar No. 24050247 1205 S. Greenville Avenue Allen, TX 75002 Tel. (214) 727-4956 Fax. (2 14) 506-60 1 5 tbaker@timbaker.com DEFENDANT’S ATTORNEY CERTIFICATE OF SERVICE OPPOSED MOTION FOR CONTINUANCE - Page 2 0f 3 I hereby certify that on thel6th day of September, 2019 the foregoing document was served on counsel for Plaintiff in accordance With the Texas Rules of Civil Procedure. Timothy E. Baker /s/ Timothy E. Baker CERTIFICATE OF CONFERENCE I hereby certify that 0n the 16th day of September, 2019, I conference With counsel for Plaintiff Via phone and email and he indicated he is opposed t0 this motion. Timothy E. Baker /s/ Timothy E. Baker OPPOSED MOTION FOR CONTINUANCE - Page 3 0f 3