On July 11, 2022 a
MOTION TO CONTINUE FIRST TRIAL SETTING - MOTION - CONTINUANCE
was filed
involving a dispute between
Hernandez, Jesus,
and
Goodleap, Llc,
Southern Solar, Llc,
for CNTR CNSMR COM DEBT
in the District Court of Dallas County.
Preview
FILED
10/24/2023 9:53 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Elizabeth Ferguson DEPUTY
CAUSE NO. DC-22-07776
JESUS HERNANDEZ, § IN THE DISTRICT COURT
§
§
§
Plaintiff, §
§
v. § DALLAS COUNTY, TEXAS
§
SOUTHERN SOLAR, LLC, AND §
GOODLEAP, LLC F/KA/ PARAMOUNT §
EQUITY MORTGAGE D/B/A LOAN PAL §
§
§
Defendants. § 95th JUDICIAL DISTRICT
MOTION TO CONTINUE FIRST TRIAL SETTING
TO THE HONORABLE JUDGE OF THIS COURT:
COMES NOW Defendant Southern Solar, LLC (“Defendant”) and moves this Court to
continue the current jury trial setting of November 13 and November 20, 2023 and respectfully
shows the Court as follows:
I. DISCUSSION
1. This case was filed on July 11, 2022 but Plaintiff waited to request a jury trial for
nearly 15 months, finally demanding a jury trial on September 26, 2023.
2. Now that the case became a jury trial only a few weeks ago, Defendant needs more
time to prepare for same and the additional complexities a jury trial will present.
3. Plaintiffs therefore request a short continuance of the current November 13 and
November 20, 2023 trial setting.
4. This Motion is filed not for purposes of delay but so that justice may be done.
5. This is the first Motion to Continue filed in this case.
II. PRAYER
WHEREFORE, Defendant respectfully requests that the Court grant this Motion to
Continue and for such other and further relief to which it may be entitled.
Respectfillly Submitted,
THE AVERILL FIRM
/s/ Martin P. Averill
Martin P. Averill, Founder
Attorney for Defendants
averillfirrn@gmail.com
cc: averillfirm.asmith@gmail.com
2619 Hibernia Street #4
Dallas, Texas 75204
Tel: 214-878-9822
CERTIFICATE OF CONFERENCE
This is to confer that the undersigned counsel has conferred with counsel for Plaintiff by
electronic mail on October 17. 2023 concerning the relief requested in this motion and Plaintiff’s
counsel is opposed to such motion.
/s/ Marty Averill
Martin P. Averill
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing document has been provided
to all counsel of record Via Efile on this 24th day of October, 2023.
/s/ Marty Averill
Martin P. Averill
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.
Marty Averill on behalf of Marty Averill
Bar No. 24025231
averillfirm@gmail.com
Envelope ID: 80936617
Filing Code Description: Motion - Continuance
Filing Description: FIRST TRIAL SETTING
Status as of 10/27/2023 11:50 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Ashley Burch averillfirm.asmith@gmail.com 10/24/2023 9:53:30 PM SENT
Philip DRacusin eservicehou@cwlaw.com 10/24/2023 9:53:30 PM SENT
Giao Arnell giao@arnelllaw.com 10/24/2023 9:53:30 PM SENT
Associated Case Party: SOUTHERN SOLAR, LLC
Name BarNumber Email TimestampSubmitted Status
Martin PAverill averillfirm@gmail.com 10/24/2023 9:53:30 PM SENT
Document Filed Date
October 24, 2023
Case Filing Date
July 11, 2022
Category
CNTR CNSMR COM DEBT
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED 10/24/2023 9:53 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Elizabeth Ferguson DEPUTY CAUSE NO. DC-22-07776 JESUS HERNANDEZ, § IN THE DISTRICT COURT § § § Plaintiff, § § v. § DALLAS COUNTY, TEXAS § SOUTHERN SOLAR, LLC, AND § GOODLEAP, LLC F/KA/ PARAMOUNT § EQUITY MORTGAGE D/B/A LOAN PAL § § § Defendants. § 95th JUDICIAL DISTRICT MOTION TO CONTINUE FIRST TRIAL SETTING TO THE HONORABLE JUDGE OF THIS COURT: COMES NOW Defendant Southern Solar, LLC (“Defendant”) and moves this Court to continue the current jury trial setting of November 13 and November 20, 2023 and respectfully shows the Court as follows: I. DISCUSSION 1. This case was filed on July 11, 2022 but Plaintiff waited to request a jury trial for nearly 15 months, finally demanding a jury trial on September 26, 2023. 2. Now that the case became a jury trial only a few weeks ago, Defendant needs more time to prepare for same and the additional complexities a jury trial will present. 3. Plaintiffs therefore request a short continuance of the current November 13 and November 20, 2023 trial setting. 4. This Motion is filed not for purposes of delay but so that justice may be done. 5. This is the first Motion to Continue filed in this case. II. PRAYER WHEREFORE, Defendant respectfully requests that the Court grant this Motion to Continue and for such other and further relief to which it may be entitled. Respectfillly Submitted, THE AVERILL FIRM /s/ Martin P. Averill Martin P. Averill, Founder Attorney for Defendants averillfirrn@gmail.com cc: averillfirm.asmith@gmail.com 2619 Hibernia Street #4 Dallas, Texas 75204 Tel: 214-878-9822 CERTIFICATE OF CONFERENCE This is to confer that the undersigned counsel has conferred with counsel for Plaintiff by electronic mail on October 17. 2023 concerning the relief requested in this motion and Plaintiff’s counsel is opposed to such motion. /s/ Marty Averill Martin P. Averill CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing document has been provided to all counsel of record Via Efile on this 24th day of October, 2023. /s/ Marty Averill Martin P. Averill 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. Marty Averill on behalf of Marty Averill Bar No. 24025231 averillfirm@gmail.com Envelope ID: 80936617 Filing Code Description: Motion - Continuance Filing Description: FIRST TRIAL SETTING Status as of 10/27/2023 11:50 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Ashley Burch averillfirm.asmith@gmail.com 10/24/2023 9:53:30 PM SENT Philip DRacusin eservicehou@cwlaw.com 10/24/2023 9:53:30 PM SENT Giao Arnell giao@arnelllaw.com 10/24/2023 9:53:30 PM SENT Associated Case Party: SOUTHERN SOLAR, LLC Name BarNumber Email TimestampSubmitted Status Martin PAverill averillfirm@gmail.com 10/24/2023 9:53:30 PM SENT