Preview
FILED
12/22/2022 5:07 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Marissa Gomez DEPUTY
CAUSE NO. DC-20-17150
ROYAL LAND ACQUISITION, LP, § IN THE DISTRICT COURT
Plaintiff, g
vs. g DALLAS COUNTY, TEXAS
PRESTON ROYAL DEVELOPMENT g
ASSOCIATES LLC, §
Defendant. g 95TH JUDICIAL DISTRICT
PLAINTIFF’S SECOND SUPPLEMENT TO
ITS FIRST AMENDED MOTION FOR CONTINUANCE
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Plaintiff Royal Land Acquisition, LP (“Plaintiff”) in the above styled
and numbered cause, and files this its Second Supplement to Its First Amended Motion for
Continuance, and in support thereof would respectfully show the Court as follows:
I.
Plaintiff’ s Motion for Continuance seeks to move the current trial date of January 30,
2023, to a date consistent with the availability of the parties, witnesses, and the Court’s civil
trial docket.
Pursuant to the LOCAL RULES 0F THE CIVIL COURTS 0F DALLAS COUNTY, TEXAS, SEC.
3.01b, this case has been on file for more than one year and this motion for continuance is
personally approved by Mr. Jerry Stool, who is the Managing Member of Royal Land 2018
LLC, a Texas Limited Liability Company, which is the Managing General Partner of Royal
Land Acquisition, LP, the Plaintiff in this case. Mr. Stool’s Signature is set forth below.
PLAINTIFF’S SECOND SUPPLEMENT TO ITS FIRST PAGE - 1
AMENDED MOTION FOR CONTINUANCE
3925 107
II.
Plaintiff again expresses its appreciation of the Court’s willingness to hear this case in
person, but respectfully requests the Court continue the current trial date and reset the trial to
a date consistent with the availability of the parties, witnesses, and the Court’s civil docket.
This continuance is not sought for delay only, but so that justice may be done.
PRAYER
WHEREFORE, PREMISES CONSIDERED, the Plaintiff respectfully prays this Court
enter an order continuing the current trial date and resetting the trial of this cause to a later date
pursuant to the Court’s civil docket and for such other and further relief, both general and
special, at law and in equity, to which the Plaintiff may show itself justly entitled.
Respectfully submitted,
ABERNATHY, ROEDER, BOYD &
HULLETT, P.C.
/s/Richard M. Abernathy
Richard M. Abernathy
State Bar No. 00809500
1700 Redbud Blvd., Suite 300
McKinney, Texas 75069
Telephone: (214) 544-4000
Facsimile: (214) 544-4040
rabernathy@abernathv—law.com
Andrew P. Speicher
State Bar No. 24027878
drew.speicher@figdav.com
FIGARI + DAVENPORT, LLP
901 Main Street, Suite 3400
Dallas, TX 75202
Tel: 214.939.2000
Fax: 214.939.2090
ATTORNEYS FOR PLAINTIFF
PLAINTIFF’S SECOND SUPPLEMENT TO ITS FIRST PAGE - 2
AMENDED MOTION FOR CONTINUANCE
3925 107
PERSONAL APPROVAL OF MOTION FOR CONTINUANCE BY ROYAL LAND
ACQUISITION LP
I, J erg; Stool, am the Managing Member of Royal Land 2018 LLC, a Texas Limited
Liability Company, which is the Managing General Partner of Royal Land Acquisition, LP,
the Plaintiff in this case.
I personally request and approve this motion for continuance.
By M 3W
Mr. Jerry Stool
Managing Member of Royal Land 2018, LLC,
The Managing General Partner of Royal Land
Acquisition LP
DECLARATION
Pursuant to TEXAS CIVIL PRACTICE & REMEDIES CODE 132.002, I, Richard M.
Abernathy, declare under penalty of perjury that 1) I am the person seeking a continuance
on behalf of Plaintiff, 2) I have read the Motion for Continuance, and 3) the statements in the
Motion for Continuance are within my personal knowledge or told to me by opposing counsel
and are true and correct.
Executed in Collin County on this 22nd day of December 2022.
/s/ Richard M Abernathv
Richard M. Abernathy
a
PLAINTIFF’S SECOND SUPPLEMENT TO ITS FIRST PAGE - 3
AMENDED MOTION FOR CONTINUANCE
3925107
CERTIFICATE OF CONFERENCE
I certify I spoke to Mr. Pinker on December 20, 2022, who advised me of Ms. Chelette’s
trial conflict on February 7, 2023, and his conflict in February 2023 and Defendant does not
oppose resetting the trial to a date consistent with the availability of the parties, witnesses, and
the Court’s civil docket.
/s/ Richard M Abernathv
Richard M. Abernathy
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was served Via the
electronic document filing system in accordance with the TEXAS RULES OF CIVIL
PROCEDURE on this 22nd day of December 2022.
/s/ Richard M. Abernathv
Richard M. Abernathy
PLAINTIFF’S SECOND SUPPLEMENT TO ITS FIRST PAGE - 4
AMENDED MOTION FOR CONTINUANCE
3925 107
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.
Cameo Gallo on behalf of Richard Abernathy
Bar No. 00809500
cgallo@abernathy-law.com
Envelope ID: 71264182
Status as of 12/23/2022 8:04 AM CST
Associated Case Party: ROYAL LAND ACQUISITION, LP
Name BarNumber Email TimestampSubmitted Status
Andrew P.Speicher drew.speicher@figdav.com 12/22/2022 5:07:19 PM SENT
Richard M. Abernathy 809500 rabernathy@abernathy-Iaw.com 12/22/2022 5:07:19 PM SENT
Associated Case Party: BURK REALTY INVESTMENTS, LLC
Name BarNumber Email TimestampSubmitted Status
Eric Pinker epinker@lynnllp.com 12/22/2022 5:07:19 PM SENT
Mariela Cawthon mcawthon@lynnllp.com 12/22/2022 5:07:19 PM SENT
Sara HollanChelette schelette@lynnllp.com 12/22/2022 5:07:19 PM SENT
April Kimrey akimrey@lynnllp.com 12/22/2022 5:07:19 PM SENT
Bennett Hampilos bhampilos@lynnllp.com 12/22/2022 5:07:19 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Cameo Gallo cgallo@abernathy-law.com 12/22/2022 5:07:19 PM SENT
James S.Robertson, |||
jrobertson@gpm-law.com 12/22/2022 5:07:19 PM SENT
Joshua Vohs jvohs@abernathy—law.com 12/22/2022 5:07:19 PM SENT
Lisa Matz Imatz@lynnllp.com 12/22/2022 5:07:19 PM SENT
Preview
FILED 12/22/2022 5:07 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Marissa Gomez DEPUTY CAUSE NO. DC-20-17150 ROYAL LAND ACQUISITION, LP, § IN THE DISTRICT COURT Plaintiff, g vs. g DALLAS COUNTY, TEXAS PRESTON ROYAL DEVELOPMENT g ASSOCIATES LLC, § Defendant. g 95TH JUDICIAL DISTRICT PLAINTIFF’S SECOND SUPPLEMENT TO ITS FIRST AMENDED MOTION FOR CONTINUANCE TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Plaintiff Royal Land Acquisition, LP (“Plaintiff”) in the above styled and numbered cause, and files this its Second Supplement to Its First Amended Motion for Continuance, and in support thereof would respectfully show the Court as follows: I. Plaintiff’ s Motion for Continuance seeks to move the current trial date of January 30, 2023, to a date consistent with the availability of the parties, witnesses, and the Court’s civil trial docket. Pursuant to the LOCAL RULES 0F THE CIVIL COURTS 0F DALLAS COUNTY, TEXAS, SEC. 3.01b, this case has been on file for more than one year and this motion for continuance is personally approved by Mr. Jerry Stool, who is the Managing Member of Royal Land 2018 LLC, a Texas Limited Liability Company, which is the Managing General Partner of Royal Land Acquisition, LP, the Plaintiff in this case. Mr. Stool’s Signature is set forth below. PLAINTIFF’S SECOND SUPPLEMENT TO ITS FIRST PAGE - 1 AMENDED MOTION FOR CONTINUANCE 3925 107 II. Plaintiff again expresses its appreciation of the Court’s willingness to hear this case in person, but respectfully requests the Court continue the current trial date and reset the trial to a date consistent with the availability of the parties, witnesses, and the Court’s civil docket. This continuance is not sought for delay only, but so that justice may be done. PRAYER WHEREFORE, PREMISES CONSIDERED, the Plaintiff respectfully prays this Court enter an order continuing the current trial date and resetting the trial of this cause to a later date pursuant to the Court’s civil docket and for such other and further relief, both general and special, at law and in equity, to which the Plaintiff may show itself justly entitled. Respectfully submitted, ABERNATHY, ROEDER, BOYD & HULLETT, P.C. /s/Richard M. Abernathy Richard M. Abernathy State Bar No. 00809500 1700 Redbud Blvd., Suite 300 McKinney, Texas 75069 Telephone: (214) 544-4000 Facsimile: (214) 544-4040 rabernathy@abernathv—law.com Andrew P. Speicher State Bar No. 24027878 drew.speicher@figdav.com FIGARI + DAVENPORT, LLP 901 Main Street, Suite 3400 Dallas, TX 75202 Tel: 214.939.2000 Fax: 214.939.2090 ATTORNEYS FOR PLAINTIFF PLAINTIFF’S SECOND SUPPLEMENT TO ITS FIRST PAGE - 2 AMENDED MOTION FOR CONTINUANCE 3925 107 PERSONAL APPROVAL OF MOTION FOR CONTINUANCE BY ROYAL LAND ACQUISITION LP I, J erg; Stool, am the Managing Member of Royal Land 2018 LLC, a Texas Limited Liability Company, which is the Managing General Partner of Royal Land Acquisition, LP, the Plaintiff in this case. I personally request and approve this motion for continuance. By M 3W Mr. Jerry Stool Managing Member of Royal Land 2018, LLC, The Managing General Partner of Royal Land Acquisition LP DECLARATION Pursuant to TEXAS CIVIL PRACTICE & REMEDIES CODE 132.002, I, Richard M. Abernathy, declare under penalty of perjury that 1) I am the person seeking a continuance on behalf of Plaintiff, 2) I have read the Motion for Continuance, and 3) the statements in the Motion for Continuance are within my personal knowledge or told to me by opposing counsel and are true and correct. Executed in Collin County on this 22nd day of December 2022. /s/ Richard M Abernathv Richard M. Abernathy a PLAINTIFF’S SECOND SUPPLEMENT TO ITS FIRST PAGE - 3 AMENDED MOTION FOR CONTINUANCE 3925107 CERTIFICATE OF CONFERENCE I certify I spoke to Mr. Pinker on December 20, 2022, who advised me of Ms. Chelette’s trial conflict on February 7, 2023, and his conflict in February 2023 and Defendant does not oppose resetting the trial to a date consistent with the availability of the parties, witnesses, and the Court’s civil docket. /s/ Richard M Abernathv Richard M. Abernathy CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served Via the electronic document filing system in accordance with the TEXAS RULES OF CIVIL PROCEDURE on this 22nd day of December 2022. /s/ Richard M. Abernathv Richard M. Abernathy PLAINTIFF’S SECOND SUPPLEMENT TO ITS FIRST PAGE - 4 AMENDED MOTION FOR CONTINUANCE 3925 107 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. Cameo Gallo on behalf of Richard Abernathy Bar No. 00809500 cgallo@abernathy-law.com Envelope ID: 71264182 Status as of 12/23/2022 8:04 AM CST Associated Case Party: ROYAL LAND ACQUISITION, LP Name BarNumber Email TimestampSubmitted Status Andrew P.Speicher drew.speicher@figdav.com 12/22/2022 5:07:19 PM SENT Richard M. Abernathy 809500 rabernathy@abernathy-Iaw.com 12/22/2022 5:07:19 PM SENT Associated Case Party: BURK REALTY INVESTMENTS, LLC Name BarNumber Email TimestampSubmitted Status Eric Pinker epinker@lynnllp.com 12/22/2022 5:07:19 PM SENT Mariela Cawthon mcawthon@lynnllp.com 12/22/2022 5:07:19 PM SENT Sara HollanChelette schelette@lynnllp.com 12/22/2022 5:07:19 PM SENT April Kimrey akimrey@lynnllp.com 12/22/2022 5:07:19 PM SENT Bennett Hampilos bhampilos@lynnllp.com 12/22/2022 5:07:19 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Cameo Gallo cgallo@abernathy-law.com 12/22/2022 5:07:19 PM SENT James S.Robertson, ||| jrobertson@gpm-law.com 12/22/2022 5:07:19 PM SENT Joshua Vohs jvohs@abernathy—law.com 12/22/2022 5:07:19 PM SENT Lisa Matz Imatz@lynnllp.com 12/22/2022 5:07:19 PM SENT