Preview
FILED
5/4/2023 9:25 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Margaret Thomas DEPUTY
Cause No. DC-22-15189
XL FUNDING, LLC AND AUCTION IN THE DISTRICT COURT
§§§§§§§§§§§§
CREDIT ENTERPRISES, LLC,
Plaintiffs,
V. 193m JUDICIAL DISTRICT 0F
BULLSEYE MOTORS, INC, JACOB D.
GALYATH, AND KAZUKO KAY
GALYATH
Defendants. DALLAS COUNTY, TEXAS
MOTION FOR CONTINUANCE
COMES NOW, XL Funding, LLC and Auction Credit Enterprises, LLC, (collectively, the
“Plaintiffs”), Plaintiffs herein, and file this their Motion for Continuance and request the Court to
continue the current non-jury trial setting of June 6, 2023, and in support of which Plaintiffs
respectfully submit as follows:
PROCEDURAL BACKGROUNDl
1. On November 1, 2022, this Plaintiffs filed their Original Petition with the 193m
Judicial District Court of Dallas County, Texas?
2. On December 28, 2022, Defendant Kazuko Kay Galyath filed her Original Answer
and Motion to Transfer Venue (the “Original Answer”) purportedly on behalf of herself, Jacob D.
Galyath, and Bullseye Motors, Inc. (“Bullseye”).3 On December 30, 2022, Kazuko Kay Galyath
filed an amended Original Answer, and Plea of Privilege and Motion to Transfer Venue (the
“Amended Answer”)4 and a Motion to Appoint a Language Interpreters
1
Plaintiffs respectfully request the Court take judicial notice of its docket in this case.
2
Pls.’ Original Pet.
3
Def.’s Original Answer, and Plea of Privilege and Mot. to Transfer Venue.
4
Def.’s Am. Answer, and Plea of Privilege and Mot. to Transfer Venue.
5
Mot. to Appoint Language Interpreter.
MOTION FOR CONT INUANCE - DC-22-15189 PAGE l
3. The Court set this case on its dismissal docket, with the hearing set by submission
for January 5, 2023. Plaintiffs filed their Motion to Retain on January 3, 2023.6 Kazuko Kay
Galyath filed a Motion by Submission on January 4, 2023, seeming to conflate the Court’s ability
to dismiss a case for want of prosecution with Defendant’s ability to dismiss a case. The Court
granted Plaintiff’ s Motion to Retain.
4. On January 5, 2023, Kazuko Kay Galyath filed an Amended Motion to Appoint a
Language Interpreter.7
5. On January 11, 2023, Kazuko Kay Galyath filed a Motion to Attend Hearings by
Remote/Telephone/Live Stream and an amended Motion to Transfer Venue.
6. On January 23, 2023, Kazuko Kay Galyath filed Defendants’ Plea in Abatement
and Plea to Jurisdiction Verified pursuant to Texas Business & Commerce Code § 17505.8.
7. The hearing for Kazuko Kay Galyath’s motions are set for hearing on June 6, 2023.
8. Plaintiffs have not yet filed their motion for summary judgment or motion for
interlocutory default judgment, but are planning to do so before the deadline for dispositive
motions. Plaintiff is also going to file a motion to strike various pleadings of Kazuko Kay Galyath.
MOTION FOR CONTINUANCE
9. Plaintiffs respectfully ask the Court for a continuance of the trial setting currently
set for June 6, 2023, in order to have all motions pending before the Court ruled upon, and to
otherwise properly and efficiently prepare for trial.
10. Kazuko Kay Galyath’s ability to file motions on behalf of Jacob D. Galyath and
Bullseye should be ruled on to clarify the nature of the pending motions. Further, Defendant
6
Pls.’ Mot. to Retain Case on Ct.’s Docket.
7
Am. Mot. to Appoint Language Interpreter.
8
Defs.’ Plea in Abatement and Plea to the Jurisdiction.
MOTION FOR CONT INUANCE - DC-22-15189 PAGE 2
Kazuko Kay Galyath’s pleadings should be heard prior to trial and with enough time for Plaintiffs
to adequately prepare for trial based on the rulings on Kazuko Kay Galyath’s pleadings.
11. As of the filling of this Motion, Plaintiffs have prepared responses to Kazuko Kay
Galyath’s motions, a motion for summary judgment, and a motion for interlocutory default
judgment and will file these motions concurrently with or shortly after the filing of this Motion.
The deadline for dispositive motions has not yet passed.
12. Plaintiffs believe it is imperative to obtain a ruling on its motions and Kazuko Kay
Galyath’s motions well in advance of trial, as the results of said motions may drastically alter trial
preparation as well as the scope of trial itself.
13. This is the first motion for continuance in this case and it is not sought for delay
only, but so that justice may be done.
PRAYER
WHEREFORE, PREMISES CONSIDERED, pursuant to the reasons set forth herein,
Plaintiffs request the Court to continue this case and reset this matter for trial for at least 90 days.
Respectfully Submitted,
PADFIELD & STOUT, L.L.P.
420 Throckmorton Street, Suite 1210
Fort Worth, Texas 76102 — 3751
817-338-1616 phone
817-338-1610 fax
/s/ E. Grace Bregard
Alan B. Padfield
State Bar I.D. #00784712
abp@padfieldstout.com
E. Grace Bregard
State Bar I.D. #24125587
gbregard@padfie1dstout.com
Jessica N. Alt
MOTION FOR CONTINUANCE - DC-22-15189 PAGE 3
State Bar I.D. #2412798]
jalt@padfieldstout.com
CERTIFICATE 0F CONFERENCE
I hereby certify that on May 3, 2023, I attempted to conference with Defendants regarding
this motion, and did not receive a response from Defendants. I called their phone number, no one
answered, and the voicemailbox was filll. Therefore, I present this Motion for Continuance to the
Court for determination.
/s/ E. Grace Bregard
E. Grace Bregard
CERTIFICATE 0F SERVICE
I certify that on May 4, 2023, I forwarded a true and correct copy of the foregoing to
Defendants Via e—file and/or email to bullseyemotors@att.net and Via regular mail at:
Kazuko Kay Galyath
S. Business I-H 35
New Braunfels, Texas 78130
/s/ E. Grace Bregard
E. Grace Bregard
MOTION FOR CONTINUANCE - DC-22-15189 PAGE 4
Cause No. DC-22-15189
XL FUNDING, LLC AND AUCTION § IN THE DISTRICT COURT
CREDIT ENTERPRISES, LLC, §
§
Plaintififs‘, §
§
V. § 193rd JUDICIAL DISTRICT OF
§
BULLSEYE MOTORS, INC, JACOB D. §
GALYATH, AND KAZUKO KAY §
GALYATH §
§
Defendants. § DALLAS COUNTY, TEXAS
VERIFICATION
STATE OF TEXAS §
§
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Jessica N. Alt, and
after being by me duly sworn, deposes and states that she is one of XL Funding, LLC and Auction
Credit Enterprises, LLC’s attorneys in the above-numbered and entitled cause; that she has read the
foregoing Motion for Continuance; and that the statements contained therein are within her
knowledge, and are true and correct.
Alt
fisslcaN.
SUBSCRIBED AND SWORN TO BEFORE ME by the said Jessica N. Alt on this 41“ day
of May, 2023, to certify which witness my hand and official seal.
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VERIFICATION PAGE 1 0F 1
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.
Shanta Freeney on behalf of Grace Bregard
Bar No. 24125587
sfreeney@padfieldstout.com
Envelope ID: 75301809
Filing Code Description: Motion - Continuance
Filing Description: Motion for Continuance - Bullseye
Status as of 5/4/2023 9:43 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Grace Bregard gbregard@padfieldstout.com 5/4/2023 9:25:03 AM SENT
Jessica Alt jalt@padfieldstout.com 5/4/2023 9:25:03 AM SENT
Shanta NFreeney sfreeney@padfieldstout.com 5/4/2023 9:25:03 AM SENT
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FILED 5/4/2023 9:25 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Margaret Thomas DEPUTY Cause No. DC-22-15189 XL FUNDING, LLC AND AUCTION IN THE DISTRICT COURT §§§§§§§§§§§§ CREDIT ENTERPRISES, LLC, Plaintiffs, V. 193m JUDICIAL DISTRICT 0F BULLSEYE MOTORS, INC, JACOB D. GALYATH, AND KAZUKO KAY GALYATH Defendants. DALLAS COUNTY, TEXAS MOTION FOR CONTINUANCE COMES NOW, XL Funding, LLC and Auction Credit Enterprises, LLC, (collectively, the “Plaintiffs”), Plaintiffs herein, and file this their Motion for Continuance and request the Court to continue the current non-jury trial setting of June 6, 2023, and in support of which Plaintiffs respectfully submit as follows: PROCEDURAL BACKGROUNDl 1. On November 1, 2022, this Plaintiffs filed their Original Petition with the 193m Judicial District Court of Dallas County, Texas? 2. On December 28, 2022, Defendant Kazuko Kay Galyath filed her Original Answer and Motion to Transfer Venue (the “Original Answer”) purportedly on behalf of herself, Jacob D. Galyath, and Bullseye Motors, Inc. (“Bullseye”).3 On December 30, 2022, Kazuko Kay Galyath filed an amended Original Answer, and Plea of Privilege and Motion to Transfer Venue (the “Amended Answer”)4 and a Motion to Appoint a Language Interpreters 1 Plaintiffs respectfully request the Court take judicial notice of its docket in this case. 2 Pls.’ Original Pet. 3 Def.’s Original Answer, and Plea of Privilege and Mot. to Transfer Venue. 4 Def.’s Am. Answer, and Plea of Privilege and Mot. to Transfer Venue. 5 Mot. to Appoint Language Interpreter. MOTION FOR CONT INUANCE - DC-22-15189 PAGE l 3. The Court set this case on its dismissal docket, with the hearing set by submission for January 5, 2023. Plaintiffs filed their Motion to Retain on January 3, 2023.6 Kazuko Kay Galyath filed a Motion by Submission on January 4, 2023, seeming to conflate the Court’s ability to dismiss a case for want of prosecution with Defendant’s ability to dismiss a case. The Court granted Plaintiff’ s Motion to Retain. 4. On January 5, 2023, Kazuko Kay Galyath filed an Amended Motion to Appoint a Language Interpreter.7 5. On January 11, 2023, Kazuko Kay Galyath filed a Motion to Attend Hearings by Remote/Telephone/Live Stream and an amended Motion to Transfer Venue. 6. On January 23, 2023, Kazuko Kay Galyath filed Defendants’ Plea in Abatement and Plea to Jurisdiction Verified pursuant to Texas Business & Commerce Code § 17505.8. 7. The hearing for Kazuko Kay Galyath’s motions are set for hearing on June 6, 2023. 8. Plaintiffs have not yet filed their motion for summary judgment or motion for interlocutory default judgment, but are planning to do so before the deadline for dispositive motions. Plaintiff is also going to file a motion to strike various pleadings of Kazuko Kay Galyath. MOTION FOR CONTINUANCE 9. Plaintiffs respectfully ask the Court for a continuance of the trial setting currently set for June 6, 2023, in order to have all motions pending before the Court ruled upon, and to otherwise properly and efficiently prepare for trial. 10. Kazuko Kay Galyath’s ability to file motions on behalf of Jacob D. Galyath and Bullseye should be ruled on to clarify the nature of the pending motions. Further, Defendant 6 Pls.’ Mot. to Retain Case on Ct.’s Docket. 7 Am. Mot. to Appoint Language Interpreter. 8 Defs.’ Plea in Abatement and Plea to the Jurisdiction. MOTION FOR CONT INUANCE - DC-22-15189 PAGE 2 Kazuko Kay Galyath’s pleadings should be heard prior to trial and with enough time for Plaintiffs to adequately prepare for trial based on the rulings on Kazuko Kay Galyath’s pleadings. 11. As of the filling of this Motion, Plaintiffs have prepared responses to Kazuko Kay Galyath’s motions, a motion for summary judgment, and a motion for interlocutory default judgment and will file these motions concurrently with or shortly after the filing of this Motion. The deadline for dispositive motions has not yet passed. 12. Plaintiffs believe it is imperative to obtain a ruling on its motions and Kazuko Kay Galyath’s motions well in advance of trial, as the results of said motions may drastically alter trial preparation as well as the scope of trial itself. 13. This is the first motion for continuance in this case and it is not sought for delay only, but so that justice may be done. PRAYER WHEREFORE, PREMISES CONSIDERED, pursuant to the reasons set forth herein, Plaintiffs request the Court to continue this case and reset this matter for trial for at least 90 days. Respectfully Submitted, PADFIELD & STOUT, L.L.P. 420 Throckmorton Street, Suite 1210 Fort Worth, Texas 76102 — 3751 817-338-1616 phone 817-338-1610 fax /s/ E. Grace Bregard Alan B. Padfield State Bar I.D. #00784712 abp@padfieldstout.com E. Grace Bregard State Bar I.D. #24125587 gbregard@padfie1dstout.com Jessica N. Alt MOTION FOR CONTINUANCE - DC-22-15189 PAGE 3 State Bar I.D. #2412798] jalt@padfieldstout.com CERTIFICATE 0F CONFERENCE I hereby certify that on May 3, 2023, I attempted to conference with Defendants regarding this motion, and did not receive a response from Defendants. I called their phone number, no one answered, and the voicemailbox was filll. Therefore, I present this Motion for Continuance to the Court for determination. /s/ E. Grace Bregard E. Grace Bregard CERTIFICATE 0F SERVICE I certify that on May 4, 2023, I forwarded a true and correct copy of the foregoing to Defendants Via e—file and/or email to bullseyemotors@att.net and Via regular mail at: Kazuko Kay Galyath S. Business I-H 35 New Braunfels, Texas 78130 /s/ E. Grace Bregard E. Grace Bregard MOTION FOR CONTINUANCE - DC-22-15189 PAGE 4 Cause No. DC-22-15189 XL FUNDING, LLC AND AUCTION § IN THE DISTRICT COURT CREDIT ENTERPRISES, LLC, § § Plaintififs‘, § § V. § 193rd JUDICIAL DISTRICT OF § BULLSEYE MOTORS, INC, JACOB D. § GALYATH, AND KAZUKO KAY § GALYATH § § Defendants. § DALLAS COUNTY, TEXAS VERIFICATION STATE OF TEXAS § § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Jessica N. Alt, and after being by me duly sworn, deposes and states that she is one of XL Funding, LLC and Auction Credit Enterprises, LLC’s attorneys in the above-numbered and entitled cause; that she has read the foregoing Motion for Continuance; and that the statements contained therein are within her knowledge, and are true and correct. Alt fisslcaN. SUBSCRIBED AND SWORN TO BEFORE ME by the said Jessica N. Alt on this 41“ day of May, 2023, to certify which witness my hand and official seal. Mmnumm,” /4mm [0/10” (g W \\\\\\ 2;““Iyimte’fi’ ”09'." \ - ””IImnn\\\“ : \\\\H ”In”, I// W‘o / Naary Public In and For the State of Texas : A 2': , 705 ‘6‘- '. _: é..\\\\\ OF (301099" ”/// ,\ ”1 ‘° 03- 22'2° \\‘ 6‘+'0- //,,l' \\\\ Mlllmlllm‘“ VERIFICATION PAGE 1 0F 1 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. Shanta Freeney on behalf of Grace Bregard Bar No. 24125587 sfreeney@padfieldstout.com Envelope ID: 75301809 Filing Code Description: Motion - Continuance Filing Description: Motion for Continuance - Bullseye Status as of 5/4/2023 9:43 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Grace Bregard gbregard@padfieldstout.com 5/4/2023 9:25:03 AM SENT Jessica Alt jalt@padfieldstout.com 5/4/2023 9:25:03 AM SENT Shanta NFreeney sfreeney@padfieldstout.com 5/4/2023 9:25:03 AM SENT