Preview
FILED
2/19/2024 2:04 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Lauren Beavers DEPUTY
CAUSE NO. DC-22-13615
STORMIE NORRIS AND OSVALDO § IN THE DISTRICT COURT
RODRIGUEZ §
§
V. § 44TH JUDICIAL DISTRICT
§
AMY MICHELLE PHAN AND §
OSVALDO RODRIGUEZ § DALLAS COUNTY, TEXAS
DEFENDANT’S AMENDED MOTION FOR CONTINUANCE
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW, Defendant Amy Michelle Phan, and file this, Defendant’s Amended Motion
for Continuance, and in support thereof would respectfully show unto this Honorable Court the
following:
I.
The basis of this suit is a motor vehicle accident that occurred on December 29, 2020. The
trial is currently set for March 4, 2024.
On July 17, 2023, Counsel for Defendant served a Notice of Intention to Take the Oral
Deposition of Plaintiff Stormie Norris and a Cross Notice of Intention to Take the Oral Deposition
of Plaintiff/Co-Defendant Osvaldo Rodriguez. The Parties’ depositions were scheduled to take
place on August 14, 2023.
On August 10, 2023, former counsel for Co-Defendant Rodriguez, John Couch with the
Law Offices of Tammi J. Enochs, notified Counsel for Defendant by email that he could no longer
represent Co-Defendant Rodriguez due to a conflict and that the scheduled depositions needed to
be cancelled.
DEFENDANT’S AMENDED MOTION FOR CONTINUANCE PAGE 1
10000.1350
On August 28, 2023, William Ken Tapscott, Jr. with Thompson, Coe, Cousins, & Irons,
L.L.P. filed an Agreed Motion to Substitute Counsel for Co-Defendant Rodriguez. The Motion
was granted on August 30, 2023.
On October 31, 2023, Counsel for Defendant served a Notice of Intention to Take the Oral
Deposition of Plaintiff Stormie Norris and Counsel for Plaintiff Norris served a Notice of Intention
to Take the Oral Deposition of Defendant Phan and Co-Defendant Rodriguez. The Parties’
depositions took place on January 4, 2024.
On January 10, 2024, Counsel for Plaintiff Norris filed a Notice of Nonsuit as to Co-
Defendant Rodriguez which was granted on January 11, 2024.
Due to the unforeseen delays in scheduling the Parties’ depositions, discovery is ongoing
in this case. In an attempt to mediate prior to the trial setting, the Parties tried to schedule mediation
with Jim Hitzelberger for February 23 or February 29, however not all parties are available. The
Parties are currently scheduled for mediation with Jim Hitzelberger for March 27, 2024.
Defendant Phan and Plaintiff Rodriguez believe they can have a meaningful mediation that
is likely to result in settlement and would avoid unnecessary use of court resources.
II.
For and in consideration, the Parties respectfully request that this cause of action be
continued from its present trial setting of March 4, 2024, and reset on the Court’s jury docket
ninety days (90) after the current trial setting.
III.
The parties would show that this Motion for Continuance is not made for purposes of delay,
but that justice may be done.
WHEREFORE, PREMISES CONSIDERED, the Parties pray that this motion be
granted, and that this cause of action be continued from its present trial setting of March 4, 2024.
DEFENDANT’S AMENDED MOTION FOR CONTINUANCE PAGE 2
10000.1350
The parties respectfully request that this case be reset on the Court’s jury docket ninety days (90)
after the current trial setting.
Respectfully submitted,
THE LECRONE LAW FIRM, PC
Wall Street Plaza
123 North Crockett Street, Suite 200
Sherman, TX 75090
TEL: 903.813.1900
FAX: 903.813.1944
By: /s/ Blaise S. Wilcott
JOHN W. BREEZE
State Bar No. 00796248
MARK A. TEAGUE
State Bar No. 24003039
BLAISE S. WILCOTT
State Bar No. 24086481
SELENE DOMINGUEZ PEÑA
State Bar No. 24106929
MARK C. HUMPHREY
State Bar No. 24132191
ASHANTI S. BAKER
State Bar No. 24128416
THOMAS R. NEEDHAM
State Bar No. 14855300
ASHLEE A. BRADSHAW
State Bar No. 24134560
KRISTEN N. JAMES
State Bar No. 24110046
ESERVICE@LECRONELAW.COM
ATTORNEYS FOR DEFENDANT
DEFENDANT’S AMENDED MOTION FOR CONTINUANCE PAGE 3
10000.1350
STATE OF TEXAS *
*
COUNTY OF GRAVSON *
BEFORE ME, the undersigned authority, on this day personally appeared Blaise S.
WiLCOTT, who, being first duly sworn on his oath, deposes and says that he is the attorney for
Defendants in this cause and as such, is authorized and entitled to make this Affidavit; that he has
read the above and foregoing Motion for Continuance and knows the contents thereof, and that the
facts therein stated are true and correct. ^ t t tt
py^
Blaise S. Wilcott
SUBSCRIBED AND SWORN TO BEFORE ME on this 19th day of February 2024, to
certify which witness my hand and seal of office.
MONICA HUGHLEY
U71fkjUi/J
Notary ID #11223758 Notary Public,
My Commission Expires
December 29, 2027
CERTIFICATE OF CONFERENCE
This is to certify that on the 15th day of February 2024, the undersigned contacted counsel
for Plaintiff Norris, Ms. Yasamin Moussavi and she is opposed to this continuance.
Further, the undersigned contacted counsel for Plaintiff Rodriguez. Kory Kingery and his
is agreed to this continuance.
/s/(Blaise S. Wifcott
Blaise S. Wilcott
DEFENDANT'S AMENDED MOTION FOR CONTINUANCE PAGE 4
10000,1350
CERTIFICATE OF SERVICE
This is to certify that on the 19th day of February 2024, the foregoing instrument was
forwarded to the following counsel of record:
Mr. Kory Kingery
R. E. LOPEZ & ASSOCIATES, P.C.
550 E. 5th St. Suite 200
Plano, Texas 75074
TEL: 469.209.7727
FAX: 888.601.4934
Email: Service@NorthTxLaw.com
Attorney for Plaintiff Rodriguez
Ms. Yasamin Moussavi
CHALAKI LAW, P.C.
North Dallas Law Center
3234 Commander Drive, Suite 100
Carrollton, Texas 75006
TEL: 972.793.8500
FAX: 800.991.6288
Email: efile@chalakilaw.com
Attorney for Plaintiff Norris
/s/ Blaise S. Wilcott
BLAISE S. WILCOTT
DEFENDANT’S AMENDED MOTION FOR CONTINUANCE PAGE 5
10000.1350
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.
Monica Hughley on behalf of Blaise Wilcott
Bar No. 24086481
monica@lecronelaw.com
Envelope ID: 84652289
Filing Code Description: Motion - Continuance
Filing Description: AMENDED
Status as of 2/19/2024 3:11 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Ken Tapscott KTapscott@thompsoncoe.com 2/19/2024 2:04:31 PM SENT
TC Records ezfile@thompsoncoe.com 2/19/2024 2:04:31 PM SENT
Hector Sanchez hsanchez@thompsoncoe.com 2/19/2024 2:04:31 PM SENT
Kira Powers kpowers@thompsoncoe.com 2/19/2024 2:04:31 PM SENT
Shawn Hashemi efile@chalakilaw.com 2/19/2024 2:04:31 PM SENT
John Couch john.couch@usaa.com 2/19/2024 2:04:31 PM SENT
JOHN DAVIDCOUCH JOHN.COUCH@USAA.COM 2/19/2024 2:04:31 PM SENT
Lisa Caldwell lisa.caldwell@usaa.com 2/19/2024 2:04:31 PM SENT
Associated Case Party: AMYMichellePHAN
Name BarNumber Email TimestampSubmitted Status
John W.Breeze eservice@lecronelaw.com 2/19/2024 2:04:31 PM SENT
Associated Case Party: OSVALDO RODRIGUEZ
Name BarNumber Email TimestampSubmitted Status
KORY KINGERY SERVICE@NORTHTXLAW.COM 2/19/2024 2:04:31 PM SENT
Preview
FILED 2/19/2024 2:04 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Lauren Beavers DEPUTY CAUSE NO. DC-22-13615 STORMIE NORRIS AND OSVALDO § IN THE DISTRICT COURT RODRIGUEZ § § V. § 44TH JUDICIAL DISTRICT § AMY MICHELLE PHAN AND § OSVALDO RODRIGUEZ § DALLAS COUNTY, TEXAS DEFENDANT’S AMENDED MOTION FOR CONTINUANCE TO THE HONORABLE JUDGE OF SAID COURT: COME NOW, Defendant Amy Michelle Phan, and file this, Defendant’s Amended Motion for Continuance, and in support thereof would respectfully show unto this Honorable Court the following: I. The basis of this suit is a motor vehicle accident that occurred on December 29, 2020. The trial is currently set for March 4, 2024. On July 17, 2023, Counsel for Defendant served a Notice of Intention to Take the Oral Deposition of Plaintiff Stormie Norris and a Cross Notice of Intention to Take the Oral Deposition of Plaintiff/Co-Defendant Osvaldo Rodriguez. The Parties’ depositions were scheduled to take place on August 14, 2023. On August 10, 2023, former counsel for Co-Defendant Rodriguez, John Couch with the Law Offices of Tammi J. Enochs, notified Counsel for Defendant by email that he could no longer represent Co-Defendant Rodriguez due to a conflict and that the scheduled depositions needed to be cancelled. DEFENDANT’S AMENDED MOTION FOR CONTINUANCE PAGE 1 10000.1350 On August 28, 2023, William Ken Tapscott, Jr. with Thompson, Coe, Cousins, & Irons, L.L.P. filed an Agreed Motion to Substitute Counsel for Co-Defendant Rodriguez. The Motion was granted on August 30, 2023. On October 31, 2023, Counsel for Defendant served a Notice of Intention to Take the Oral Deposition of Plaintiff Stormie Norris and Counsel for Plaintiff Norris served a Notice of Intention to Take the Oral Deposition of Defendant Phan and Co-Defendant Rodriguez. The Parties’ depositions took place on January 4, 2024. On January 10, 2024, Counsel for Plaintiff Norris filed a Notice of Nonsuit as to Co- Defendant Rodriguez which was granted on January 11, 2024. Due to the unforeseen delays in scheduling the Parties’ depositions, discovery is ongoing in this case. In an attempt to mediate prior to the trial setting, the Parties tried to schedule mediation with Jim Hitzelberger for February 23 or February 29, however not all parties are available. The Parties are currently scheduled for mediation with Jim Hitzelberger for March 27, 2024. Defendant Phan and Plaintiff Rodriguez believe they can have a meaningful mediation that is likely to result in settlement and would avoid unnecessary use of court resources. II. For and in consideration, the Parties respectfully request that this cause of action be continued from its present trial setting of March 4, 2024, and reset on the Court’s jury docket ninety days (90) after the current trial setting. III. The parties would show that this Motion for Continuance is not made for purposes of delay, but that justice may be done. WHEREFORE, PREMISES CONSIDERED, the Parties pray that this motion be granted, and that this cause of action be continued from its present trial setting of March 4, 2024. DEFENDANT’S AMENDED MOTION FOR CONTINUANCE PAGE 2 10000.1350 The parties respectfully request that this case be reset on the Court’s jury docket ninety days (90) after the current trial setting. Respectfully submitted, THE LECRONE LAW FIRM, PC Wall Street Plaza 123 North Crockett Street, Suite 200 Sherman, TX 75090 TEL: 903.813.1900 FAX: 903.813.1944 By: /s/ Blaise S. Wilcott JOHN W. BREEZE State Bar No. 00796248 MARK A. TEAGUE State Bar No. 24003039 BLAISE S. WILCOTT State Bar No. 24086481 SELENE DOMINGUEZ PEÑA State Bar No. 24106929 MARK C. HUMPHREY State Bar No. 24132191 ASHANTI S. BAKER State Bar No. 24128416 THOMAS R. NEEDHAM State Bar No. 14855300 ASHLEE A. BRADSHAW State Bar No. 24134560 KRISTEN N. JAMES State Bar No. 24110046 ESERVICE@LECRONELAW.COM ATTORNEYS FOR DEFENDANT DEFENDANT’S AMENDED MOTION FOR CONTINUANCE PAGE 3 10000.1350 STATE OF TEXAS * * COUNTY OF GRAVSON * BEFORE ME, the undersigned authority, on this day personally appeared Blaise S. WiLCOTT, who, being first duly sworn on his oath, deposes and says that he is the attorney for Defendants in this cause and as such, is authorized and entitled to make this Affidavit; that he has read the above and foregoing Motion for Continuance and knows the contents thereof, and that the facts therein stated are true and correct. ^ t t tt py^ Blaise S. Wilcott SUBSCRIBED AND SWORN TO BEFORE ME on this 19th day of February 2024, to certify which witness my hand and seal of office. MONICA HUGHLEY U71fkjUi/J Notary ID #11223758 Notary Public, My Commission Expires December 29, 2027 CERTIFICATE OF CONFERENCE This is to certify that on the 15th day of February 2024, the undersigned contacted counsel for Plaintiff Norris, Ms. Yasamin Moussavi and she is opposed to this continuance. Further, the undersigned contacted counsel for Plaintiff Rodriguez. Kory Kingery and his is agreed to this continuance. /s/(Blaise S. Wifcott Blaise S. Wilcott DEFENDANT'S AMENDED MOTION FOR CONTINUANCE PAGE 4 10000,1350 CERTIFICATE OF SERVICE This is to certify that on the 19th day of February 2024, the foregoing instrument was forwarded to the following counsel of record: Mr. Kory Kingery R. E. LOPEZ & ASSOCIATES, P.C. 550 E. 5th St. Suite 200 Plano, Texas 75074 TEL: 469.209.7727 FAX: 888.601.4934 Email: Service@NorthTxLaw.com Attorney for Plaintiff Rodriguez Ms. Yasamin Moussavi CHALAKI LAW, P.C. North Dallas Law Center 3234 Commander Drive, Suite 100 Carrollton, Texas 75006 TEL: 972.793.8500 FAX: 800.991.6288 Email: efile@chalakilaw.com Attorney for Plaintiff Norris /s/ Blaise S. Wilcott BLAISE S. WILCOTT DEFENDANT’S AMENDED MOTION FOR CONTINUANCE PAGE 5 10000.1350 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. Monica Hughley on behalf of Blaise Wilcott Bar No. 24086481 monica@lecronelaw.com Envelope ID: 84652289 Filing Code Description: Motion - Continuance Filing Description: AMENDED Status as of 2/19/2024 3:11 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Ken Tapscott KTapscott@thompsoncoe.com 2/19/2024 2:04:31 PM SENT TC Records ezfile@thompsoncoe.com 2/19/2024 2:04:31 PM SENT Hector Sanchez hsanchez@thompsoncoe.com 2/19/2024 2:04:31 PM SENT Kira Powers kpowers@thompsoncoe.com 2/19/2024 2:04:31 PM SENT Shawn Hashemi efile@chalakilaw.com 2/19/2024 2:04:31 PM SENT John Couch john.couch@usaa.com 2/19/2024 2:04:31 PM SENT JOHN DAVIDCOUCH JOHN.COUCH@USAA.COM 2/19/2024 2:04:31 PM SENT Lisa Caldwell lisa.caldwell@usaa.com 2/19/2024 2:04:31 PM SENT Associated Case Party: AMYMichellePHAN Name BarNumber Email TimestampSubmitted Status John W.Breeze eservice@lecronelaw.com 2/19/2024 2:04:31 PM SENT Associated Case Party: OSVALDO RODRIGUEZ Name BarNumber Email TimestampSubmitted Status KORY KINGERY SERVICE@NORTHTXLAW.COM 2/19/2024 2:04:31 PM SENT