On March 25, 2020 a
Stipulation,Agreement
was filed
involving a dispute between
Armstrong, Tina,
and
Dolgencorp Of Texas, Inc.,
for OTHER PERSONAL INJURY
in the District Court of Dallas County.
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FILED
11/19/20213:19 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS 00., TEXAS
Cassandra Walker DEPUTY
CAUSE NO. DC-20-04806
TINA ARMSTRONG, § IN THE DISTRICT COURT
§
Plaintiff, §
§
v. §
§ E-1015T JUDICIAL DISTRICT
DOLGENCORP OF TEXAS, INC. §
D/B/A DOLLAR GENERAL STORE §
§
Defendant. § DALLAS COUNTY, TEXAS
AGREED FIRST MOTION FOR CONTINUANCE
COME NOW, Plaintiff Tina Armstrong (hereinafter "Plaintiff”) and Defendant
Dolgencorp of Texas, Inc., d/b/ a Dollar General Store (hereinafter ”Defendant”) in the
above-numbered and entitled cause, and jointly ask this Court to remove this case from
the December 7, 2021 Trial Docket and continue the same for at least 9O days until a later
date or at least until the parties have had the opportunity to complete discovery and
attend mediation.
I. FACTUAL AND PROCEDURAL BACKGROUND
1. This suit arises out of an alleged premises injury which occurred on or
about February 5, 2019. Plaintiff filed her Original Petition on March 25, 2020. Defendant
filed its Answer on April 20, 2020, and on April 9, 2021 Defendant filed a Jury Demand.
2. On May 19, 2021, the parties received notice from the Court that this matter
had been placed on the December 7, 2021 Trial Docket.
AGREED FIRST MOTION FOR CONTINUANCE Page I 1
II. ARGUMENT 8: AUTHORITIES
3. After discussing this matter and the parties’ readiness for trial, the parties
agree that additional time is warranted to continue discovery and to attend mediation in
hopes of reaching a resolution before trial.
4. Texas Rule of Civil Procedure 251 permits a continuance by consent of the
parties. Here, the parties believe that this case has the best chance of resolution following
the completion of discovery and mediation. Discovery in this matter has been
substantially delayed due to the ongoing COVID-19 pandemic.
5. The jury trial as currently set for December 7, 2021 is the first Jury-Trial
setting in this case. Accordingly, neither party has requested a prior continuance in this
case. Additionally, a review of the Court’s docket reveals that there are 48 older cases set
for trial on the Court’s docket for December 7, 2021. This request is not solely for the
purpose of delay, but so that justice may be done.
III. PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff and Defendant jointly ask this
Court to remove the case from the Court’s December 7, 2021 trial docket, and rest the
same for at least 90 days, thereby allowing the parties to fully conduct discovery and
explore any potential settlement short of trial.
Respectquy submitted,
AGREED FIRST MOTION FOR CONTINUANCE Page I 2
P. MARCUS WHITE
State Bar No. 24061263
mwhite@whitehurstlaw.com
TYLER CORTINAS
State Bar No. 24104864
tcortinas@whitehurstlaw.com
WHITEHURST & CAWLEY, L.L.P.
16300 Addison Road, Suite 100
Addison, Texas 75001
(972) 503-5455 Telephone
(972) 503-6155 Facsimile
Attorneys for Defendant
Dolgencorp of Texas, Inc.
AGREED:
~
Z s/ Griffin Scheumack (with permission)
GRIFFIN SCHEUMACK
State Bar No. 24097168
eservice@benabbott.com
Ben Abbot & Associates, PLLC
1934 Pendleton Drive
Garland, Texas 75041
(972) 263-5555 Telephone
(972) 682-7586 Facsimile
Attorney for Plaintiff
Tina Armstrong
AGREED FIRST MOTION FOR CONTINUANCE Page I 3
CAUSE NO. DC-20-04806
TINA ARMSTRONG, § IN THE DISTRICT COURT
§
Plaintiff, §
§
v. §
§ E40157 JUDICIAL DISTRICT
DOLGENCORP OF TEXAS, INC. §
D/B/A DOLLAR GENERAL STORE §
§
Defendant. § DALLAS COUNTY, TEXAS
ORDER 0N AGREED MOTION FOR CONTINUAN CE
After considering the Agreed Motion for Continuance, the pleadings, and
evidence on file, the court GRANTS the motion and orders that trial in this matter be
continued until 2021.
SIGNED on , 2021.
PRESIDING JUDGE
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.
Tyler Cortinas on behalf of David Whitehurst
Bar No. 21357000
tcortinas@whitehurstlaw.com
Envelope ID: 59347264
Status as of 11/19/2021 4:15 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Phillip MWhite mwhite@whitehurstlaw.com 11/19/2021 3:19:53 PM SENT
Kristi Mayne kmayne@whitehurstlaw.com 11/19/2021 3:19:53 PM SENT
Rosalinda Pleitez rpleitez@whitehurstlaw.com 11/19/2021 3:19:53 PM SENT
Griffin Scheumack 24097168 eservice@benabbott.com 11/19/2021 3:19:53 PM SENT
Kathleen Corcoran kcorcoran@whitehurstlaw.com 11/19/2021 3:19:53 PM SENT
Sean Deer sdeer@whitehurstlaw.com 11/19/2021 3:19:53 PM SENT
Miriam Garcia mgarcia@whitehurstlaw.com 11/19/2021 3:19:53 PM SENT
Document Filed Date
November 19, 2021
Case Filing Date
March 25, 2020
Category
OTHER PERSONAL INJURY
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FILED 11/19/20213:19 PM FELICIA PITRE DISTRICT CLERK DALLAS 00., TEXAS Cassandra Walker DEPUTY CAUSE NO. DC-20-04806 TINA ARMSTRONG, § IN THE DISTRICT COURT § Plaintiff, § § v. § § E-1015T JUDICIAL DISTRICT DOLGENCORP OF TEXAS, INC. § D/B/A DOLLAR GENERAL STORE § § Defendant. § DALLAS COUNTY, TEXAS AGREED FIRST MOTION FOR CONTINUANCE COME NOW, Plaintiff Tina Armstrong (hereinafter "Plaintiff”) and Defendant Dolgencorp of Texas, Inc., d/b/ a Dollar General Store (hereinafter ”Defendant”) in the above-numbered and entitled cause, and jointly ask this Court to remove this case from the December 7, 2021 Trial Docket and continue the same for at least 9O days until a later date or at least until the parties have had the opportunity to complete discovery and attend mediation. I. FACTUAL AND PROCEDURAL BACKGROUND 1. This suit arises out of an alleged premises injury which occurred on or about February 5, 2019. Plaintiff filed her Original Petition on March 25, 2020. Defendant filed its Answer on April 20, 2020, and on April 9, 2021 Defendant filed a Jury Demand. 2. On May 19, 2021, the parties received notice from the Court that this matter had been placed on the December 7, 2021 Trial Docket. AGREED FIRST MOTION FOR CONTINUANCE Page I 1 II. ARGUMENT 8: AUTHORITIES 3. After discussing this matter and the parties’ readiness for trial, the parties agree that additional time is warranted to continue discovery and to attend mediation in hopes of reaching a resolution before trial. 4. Texas Rule of Civil Procedure 251 permits a continuance by consent of the parties. Here, the parties believe that this case has the best chance of resolution following the completion of discovery and mediation. Discovery in this matter has been substantially delayed due to the ongoing COVID-19 pandemic. 5. The jury trial as currently set for December 7, 2021 is the first Jury-Trial setting in this case. Accordingly, neither party has requested a prior continuance in this case. Additionally, a review of the Court’s docket reveals that there are 48 older cases set for trial on the Court’s docket for December 7, 2021. This request is not solely for the purpose of delay, but so that justice may be done. III. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff and Defendant jointly ask this Court to remove the case from the Court’s December 7, 2021 trial docket, and rest the same for at least 90 days, thereby allowing the parties to fully conduct discovery and explore any potential settlement short of trial. Respectquy submitted, AGREED FIRST MOTION FOR CONTINUANCE Page I 2 P. MARCUS WHITE State Bar No. 24061263 mwhite@whitehurstlaw.com TYLER CORTINAS State Bar No. 24104864 tcortinas@whitehurstlaw.com WHITEHURST & CAWLEY, L.L.P. 16300 Addison Road, Suite 100 Addison, Texas 75001 (972) 503-5455 Telephone (972) 503-6155 Facsimile Attorneys for Defendant Dolgencorp of Texas, Inc. AGREED: ~ Z s/ Griffin Scheumack (with permission) GRIFFIN SCHEUMACK State Bar No. 24097168 eservice@benabbott.com Ben Abbot & Associates, PLLC 1934 Pendleton Drive Garland, Texas 75041 (972) 263-5555 Telephone (972) 682-7586 Facsimile Attorney for Plaintiff Tina Armstrong AGREED FIRST MOTION FOR CONTINUANCE Page I 3 CAUSE NO. DC-20-04806 TINA ARMSTRONG, § IN THE DISTRICT COURT § Plaintiff, § § v. § § E40157 JUDICIAL DISTRICT DOLGENCORP OF TEXAS, INC. § D/B/A DOLLAR GENERAL STORE § § Defendant. § DALLAS COUNTY, TEXAS ORDER 0N AGREED MOTION FOR CONTINUAN CE After considering the Agreed Motion for Continuance, the pleadings, and evidence on file, the court GRANTS the motion and orders that trial in this matter be continued until 2021. SIGNED on , 2021. PRESIDING JUDGE 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. Tyler Cortinas on behalf of David Whitehurst Bar No. 21357000 tcortinas@whitehurstlaw.com Envelope ID: 59347264 Status as of 11/19/2021 4:15 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Phillip MWhite mwhite@whitehurstlaw.com 11/19/2021 3:19:53 PM SENT Kristi Mayne kmayne@whitehurstlaw.com 11/19/2021 3:19:53 PM SENT Rosalinda Pleitez rpleitez@whitehurstlaw.com 11/19/2021 3:19:53 PM SENT Griffin Scheumack 24097168 eservice@benabbott.com 11/19/2021 3:19:53 PM SENT Kathleen Corcoran kcorcoran@whitehurstlaw.com 11/19/2021 3:19:53 PM SENT Sean Deer sdeer@whitehurstlaw.com 11/19/2021 3:19:53 PM SENT Miriam Garcia mgarcia@whitehurstlaw.com 11/19/2021 3:19:53 PM SENT