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FILED
2/22/2023 11:31 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Rhonda Burks DEPUTY
CAUSE NO. DC—19-10926
VASHONE RHODES § IN THE DISTRICT COURT
§
VS. § 160TH JUDICIAL DISTRICT
§
JAMES GOMEZ; EXCLUSIVE § DALLAS COUNTY, TEXAS
NATIONWIDE DELIVERY INC. ; AND §
GEICO COUNTY MUTUAL INSURANCE
COMPANY
DEFENDANT’S MOTION TO DISMISS
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Geico County Mutual Insurance Company (Defendant), and files this
Motion to Dismiss pursuant to TEX. R. CIV. P. 91a, and would respectfully show as follows:
All parties appeared by their respective attorneys of record and announced that all matters in
controversy have been compromised and settled and the consideration therefore paid in full. The
parties thereupon jointly requested the Court to enter Judgment dismissing the claims of the
Plaintiffs, with prejudice to the right to refile, with all court costs to be taxed against the party
incurring same.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Defendant respectfully request that this
Honorable Court grant this Motion to Dismiss with prejudice, and that this Defendant has such
other and further relief, at law or in equity, to which this Defendant may be justly entitled.
Respectfully submitted,
BRITT A. I-LADLEY & ASSOCLATES
/s/ William Schultz
WIILLIAM SCHULTZ
SBN: 00794609
8505 Freeport Parkway, STE 375
Irving, Texas 75063
Telephone: 682-271-6850
Facsimile: 214-277-0518
wschultz@geico.com
ATTORNEY FOR DEFENDANT
DEFENDANT’S MOTION TO DISMISS PAGE 1
CERTIFICATE OF SERVICE
I hereby certify that on this the 22ND day of February, 2023, a true and correct copy of the
foregoing instrument has been sent to all counsel of record pursuant to the Texas Rules of Civil
Procedure:
VIA E—service: paige. eldridge@witheritelaw. com
Paige Eldridge
Witherite Law Group, PLLC
Meadow Park Tower
10440 N. Central Expressway, Suite 400,
Dallas, TX 75231
Attorney for Plaintiff
VIA E—service: randy. walters@wbclawfirm.c0m
Randall G. Walters
Walters, Balido & Crain, L.L.P.
Meadow Park Tower
10440 North Central Expressway, STE 15 00
Dallas, Texas 75231
Attorney for Co-Defendant
VIA E—service: john@lecronelaw. com
John W. Breeze
The LeCrone Law Firm, PC
Wall Street Plaza
123 North Crockett Street, Suite 200,
Sherman, TX 75090
Attorney for Co-Defendant
/s/ William Schultz
WILLIAM SCHULTZ
DEFENDANT’S MOTION TO DISMISS PAGE 2
AFFIDAVIT OF WILLIAM SCHULTZ
STATE 0F TEXAS §
§
COUNTY 0F §
BEFORE ME, the undersigned Notary Public, on this day personally appeared William Schultz,
who being by me duly sworn on his oath, deposed and stated as follows:
"My name is William Schultz. I am over the age of eighteen (18) years, and am fully
competent to testify to the matters stated in this affidavit. I am of sound mind and have
never been convicted of a felony or a misdemeanor involving moral turpitude. I have
personal knowledge of the facts and statements contained in this Affidavit, and each of
them is true and correct to the best of my knowledge.
At all relevant times mentioned herein, I am and have been employed by Britt A. Hadley
& Associates, Staff Counsel of Government Employees Insurance Company. As such, I
am in all respects qualified and competent to make an oath of the facts stated herein, and
I am authorized by Defendant to submit this Affidavit.
I duly licensed to practice law in the State of Texas. I am familiar with the attorneys’ fees
customarily charged by attorneys in Dallas County, Texas for handling suits on these
types of claims, and I am familiar with the attorneys’ services required for proper
handling of suits founded upon similar claims and legal issues.
A reasonable and necessary hour rate of attorneys’ fees for an attorney of equal
experience and competency in an equivalent matter such as this would be $__.00/hour.
I spent approximately hours conducting legal researching and drafting
Defendant’s Motion to Dismiss and this affidavit. At a rate of $_.00/hour, the
reasonable and necessary attorneys’ fees incurred in the defense of this matter and the
prosecution of Defendant’s Motion to Dismiss therefore total $ .00."
Further Affiant sayeth not.
WILLIAM SCHULTZ
SUBSCRIBED and SWORN TO BEFORE ME, on this the day of
, 2023, to certify which, witness my hand and seal of office.
NOTARY PUBLIC, in and for
The State of TEXAS
CAUSE NO. DC—19-10926
VASHONE RHODES § IN THE DISTRICT COURT
§
VS. § 160TH JUDICIAL DISTRICT
§
JAMES GOMEZ; EXCLUSIVE § DALLAS COUNTY, TEXAS
NATIONWIDE DELIVERY INC.; AND §
GEICO COUNTY MUTUAL INSURANCE
COMPANY
FINAL JUDGMENT
BE IT REMEMBERED that on this day came on to be considered Defendant GEICO
County Mutual Insurance Company’s Motion to Dismiss. The Court, having reviewed the
Motion, the evidence, and the response, if any, finds the Motion is meritorious and should be
GRANTED. It is, therefore,
ORDERED, ADJUDGED, and DECREED that all causes of action brought herein by
Plaintiff Vashone Rhodes against Defendant GEICO County Mutual Insurance Company are
hereby DISMISSED WITH PREJUDICE, and Defendant GEICO County Mutual Insurance
Company is hereby DISCHARGED. All costs of Court are taxed against the party incurring
same; it is, further,
ORDERED, ADJUDGED, and DECREED that Defendant is awarded reasonable and
necessary attorneys’ fees incurred in the preparation, drafting, filing, and prosecution of
Defendant’s Motion to Dismiss in the amount of , to be paid to Defendant’s
counsel of record, William Schultz, Within 21 days of the signing of this Order. This judgment is
final and disposes of all parties and claims.
SIGNED this day of , 2023.
JUDGE PRESIDING
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.
Dianne Davis on behalf of William Schultz
Bar No. 794609
diadavis@geico.com
Envelope ID: 72993779
Status as of 2/22/2023 11:46 AM CST
Associated Case Party: VASHONE RHODES
Name BarNumber Email TimestampSubmitted Status
Amy Witherite 788698 amy.witherite@witheritelaw.com 2/22/2023 11:31 :57 AM SENT
Shelly Tomlin Greco 24008168 shelly.greco@witheritelaw.com 2/22/2023 11:31:57 AM SENT
Paige Eldridge paige.eldridge@ewlawyers.com 2/22/2023 11:31:57 AM SENT
Paige Eldridge paige.eldridge@witheritelaw.com 2/22/2023 11:31:57 AM SENT
Associated Case Party: EXCLUSIVE NATIONWIDE DELIVERY, INC
Name BarNumber Email TimestampSubmitted Status
Johnny W. Breeze 796248 eservice@lecronelaw.com 2/22/2023 11:31 :57 AM SENT
Randall GWalters waltersedocsnotifications@wbclawfirm.com 2/22/2023 11:31:57 AM SENT
Nadine K Weatherall nadine.weathera|l@wbclawfirm.com 2/22/2023 11:31:57 AM SENT
Randall GWalters randy.walters@wbclawfirm.com 2/22/2023 11:31:57 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
V. Paige Eldridge paige.eldridge@witheritelaw.com 2/22/2023 11:31:57 AM SENT
PAIGE VELDRIDGE paiqe.eldridqe@ewlavwers.com 2/22/2023 11:31 :57 AM SENT
Craig Laird PCL@LAIRD.LAWYER 2/22/2023 11:31:57 AM SENT
Associated Case Party: GEICO COUNTY MUTUAL INSURANCE COMPANY
Name BarNumber Email TimestampSubmitted Status
William Schultz wschultz@geico.com 2/22/2023 11:31 :57 AM SENT
Melissa Webb mwebb@geico.com 2/22/2023 11:31:57 AM SENT
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.
Dianne Davis on behalf of William Schultz
Bar No. 794609
diadavis@geico.com
Envelope ID: 72993779
Status as of 2/22/2023 11:46 AM CST
Associated Case Party: GEICO COUNTY MUTUAL INSURANCE COMPANY
Dianne Davis diadavis@geico.com 2/22/2023 11:31 :57 AM SENT
Associated Case Party: JAMES GOMEZ
Name BarNumber Email TimestampSubmitted Status
Adam LeCrone eservice@lecronelaw.com 2/22/2023 11:31:57 AM SENT
Preview
FILED 2/22/2023 11:31 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Rhonda Burks DEPUTY CAUSE NO. DC—19-10926 VASHONE RHODES § IN THE DISTRICT COURT § VS. § 160TH JUDICIAL DISTRICT § JAMES GOMEZ; EXCLUSIVE § DALLAS COUNTY, TEXAS NATIONWIDE DELIVERY INC. ; AND § GEICO COUNTY MUTUAL INSURANCE COMPANY DEFENDANT’S MOTION TO DISMISS TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Geico County Mutual Insurance Company (Defendant), and files this Motion to Dismiss pursuant to TEX. R. CIV. P. 91a, and would respectfully show as follows: All parties appeared by their respective attorneys of record and announced that all matters in controversy have been compromised and settled and the consideration therefore paid in full. The parties thereupon jointly requested the Court to enter Judgment dismissing the claims of the Plaintiffs, with prejudice to the right to refile, with all court costs to be taxed against the party incurring same. PRAYER WHEREFORE, PREMISES CONSIDERED, Defendant respectfully request that this Honorable Court grant this Motion to Dismiss with prejudice, and that this Defendant has such other and further relief, at law or in equity, to which this Defendant may be justly entitled. Respectfully submitted, BRITT A. I-LADLEY & ASSOCLATES /s/ William Schultz WIILLIAM SCHULTZ SBN: 00794609 8505 Freeport Parkway, STE 375 Irving, Texas 75063 Telephone: 682-271-6850 Facsimile: 214-277-0518 wschultz@geico.com ATTORNEY FOR DEFENDANT DEFENDANT’S MOTION TO DISMISS PAGE 1 CERTIFICATE OF SERVICE I hereby certify that on this the 22ND day of February, 2023, a true and correct copy of the foregoing instrument has been sent to all counsel of record pursuant to the Texas Rules of Civil Procedure: VIA E—service: paige. eldridge@witheritelaw. com Paige Eldridge Witherite Law Group, PLLC Meadow Park Tower 10440 N. Central Expressway, Suite 400, Dallas, TX 75231 Attorney for Plaintiff VIA E—service: randy. walters@wbclawfirm.c0m Randall G. Walters Walters, Balido & Crain, L.L.P. Meadow Park Tower 10440 North Central Expressway, STE 15 00 Dallas, Texas 75231 Attorney for Co-Defendant VIA E—service: john@lecronelaw. com John W. Breeze The LeCrone Law Firm, PC Wall Street Plaza 123 North Crockett Street, Suite 200, Sherman, TX 75090 Attorney for Co-Defendant /s/ William Schultz WILLIAM SCHULTZ DEFENDANT’S MOTION TO DISMISS PAGE 2 AFFIDAVIT OF WILLIAM SCHULTZ STATE 0F TEXAS § § COUNTY 0F § BEFORE ME, the undersigned Notary Public, on this day personally appeared William Schultz, who being by me duly sworn on his oath, deposed and stated as follows: "My name is William Schultz. I am over the age of eighteen (18) years, and am fully competent to testify to the matters stated in this affidavit. I am of sound mind and have never been convicted of a felony or a misdemeanor involving moral turpitude. I have personal knowledge of the facts and statements contained in this Affidavit, and each of them is true and correct to the best of my knowledge. At all relevant times mentioned herein, I am and have been employed by Britt A. Hadley & Associates, Staff Counsel of Government Employees Insurance Company. As such, I am in all respects qualified and competent to make an oath of the facts stated herein, and I am authorized by Defendant to submit this Affidavit. I duly licensed to practice law in the State of Texas. I am familiar with the attorneys’ fees customarily charged by attorneys in Dallas County, Texas for handling suits on these types of claims, and I am familiar with the attorneys’ services required for proper handling of suits founded upon similar claims and legal issues. A reasonable and necessary hour rate of attorneys’ fees for an attorney of equal experience and competency in an equivalent matter such as this would be $__.00/hour. I spent approximately hours conducting legal researching and drafting Defendant’s Motion to Dismiss and this affidavit. At a rate of $_.00/hour, the reasonable and necessary attorneys’ fees incurred in the defense of this matter and the prosecution of Defendant’s Motion to Dismiss therefore total $ .00." Further Affiant sayeth not. WILLIAM SCHULTZ SUBSCRIBED and SWORN TO BEFORE ME, on this the day of , 2023, to certify which, witness my hand and seal of office. NOTARY PUBLIC, in and for The State of TEXAS CAUSE NO. DC—19-10926 VASHONE RHODES § IN THE DISTRICT COURT § VS. § 160TH JUDICIAL DISTRICT § JAMES GOMEZ; EXCLUSIVE § DALLAS COUNTY, TEXAS NATIONWIDE DELIVERY INC.; AND § GEICO COUNTY MUTUAL INSURANCE COMPANY FINAL JUDGMENT BE IT REMEMBERED that on this day came on to be considered Defendant GEICO County Mutual Insurance Company’s Motion to Dismiss. The Court, having reviewed the Motion, the evidence, and the response, if any, finds the Motion is meritorious and should be GRANTED. It is, therefore, ORDERED, ADJUDGED, and DECREED that all causes of action brought herein by Plaintiff Vashone Rhodes against Defendant GEICO County Mutual Insurance Company are hereby DISMISSED WITH PREJUDICE, and Defendant GEICO County Mutual Insurance Company is hereby DISCHARGED. All costs of Court are taxed against the party incurring same; it is, further, ORDERED, ADJUDGED, and DECREED that Defendant is awarded reasonable and necessary attorneys’ fees incurred in the preparation, drafting, filing, and prosecution of Defendant’s Motion to Dismiss in the amount of , to be paid to Defendant’s counsel of record, William Schultz, Within 21 days of the signing of this Order. This judgment is final and disposes of all parties and claims. SIGNED this day of , 2023. JUDGE PRESIDING 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. Dianne Davis on behalf of William Schultz Bar No. 794609 diadavis@geico.com Envelope ID: 72993779 Status as of 2/22/2023 11:46 AM CST Associated Case Party: VASHONE RHODES Name BarNumber Email TimestampSubmitted Status Amy Witherite 788698 amy.witherite@witheritelaw.com 2/22/2023 11:31 :57 AM SENT Shelly Tomlin Greco 24008168 shelly.greco@witheritelaw.com 2/22/2023 11:31:57 AM SENT Paige Eldridge paige.eldridge@ewlawyers.com 2/22/2023 11:31:57 AM SENT Paige Eldridge paige.eldridge@witheritelaw.com 2/22/2023 11:31:57 AM SENT Associated Case Party: EXCLUSIVE NATIONWIDE DELIVERY, INC Name BarNumber Email TimestampSubmitted Status Johnny W. Breeze 796248 eservice@lecronelaw.com 2/22/2023 11:31 :57 AM SENT Randall GWalters waltersedocsnotifications@wbclawfirm.com 2/22/2023 11:31:57 AM SENT Nadine K Weatherall nadine.weathera|l@wbclawfirm.com 2/22/2023 11:31:57 AM SENT Randall GWalters randy.walters@wbclawfirm.com 2/22/2023 11:31:57 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status V. Paige Eldridge paige.eldridge@witheritelaw.com 2/22/2023 11:31:57 AM SENT PAIGE VELDRIDGE paiqe.eldridqe@ewlavwers.com 2/22/2023 11:31 :57 AM SENT Craig Laird PCL@LAIRD.LAWYER 2/22/2023 11:31:57 AM SENT Associated Case Party: GEICO COUNTY MUTUAL INSURANCE COMPANY Name BarNumber Email TimestampSubmitted Status William Schultz wschultz@geico.com 2/22/2023 11:31 :57 AM SENT Melissa Webb mwebb@geico.com 2/22/2023 11:31:57 AM SENT 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. Dianne Davis on behalf of William Schultz Bar No. 794609 diadavis@geico.com Envelope ID: 72993779 Status as of 2/22/2023 11:46 AM CST Associated Case Party: GEICO COUNTY MUTUAL INSURANCE COMPANY Dianne Davis diadavis@geico.com 2/22/2023 11:31 :57 AM SENT Associated Case Party: JAMES GOMEZ Name BarNumber Email TimestampSubmitted Status Adam LeCrone eservice@lecronelaw.com 2/22/2023 11:31:57 AM SENT