On December 14, 2020 a
Party Notice
was filed
involving a dispute between
115 Management, Inc.,
and
Doe 1, John,
Doe, John, Ii,
Doe, John, Iii,
Doe, John, Iv,
Kestler, Ryon Scott,
Medicalusa Supply, Llc,
for OTHER (CIVIL)
in the District Court of Dallas County.
Preview
FILED
5/1/2024 2:51 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Jenifer Trujillo DEPUTY
CAUSE NO. DC-20-18383
IN THE DISTRICT COURT
§§§§§§§§§§§§§§§§§§§§§§
115 MANAGEMENT, INC.,
Plaintiff,
V.
MEDICALUSA SUPPLY, LLC and
RYON SCOTT KESTLER,
Defendants,
v.
134TH JUDICIAL DISTRICT
ZEPHYR COLLECTIONS, LLC,
Intervenor,
V.
ZEPHYR COLLECTIONS, LLC,
AARON CAIN, DAVID SCHILLER,
DERRICK ARMSTRONG and
CONTROLLED ELEMENTS
SANITARY SOLUTIONS, LLC,
Third-Party Defendants. DALLAS COUNTY, TEXAS
DEFENDANTS’ NOTICE OF PAST DUE
FINDINGS OF FACT AND CONCLUSIONS OF LAW
To the Honorable Judge of said Court:
COMES NOW MEDICALUSA SUPPLY, LLC (“MedicalUSA”) and RYON SCOTT
KESTLER (“Kestler”) (collectively, Defendants”), and files this Notice of Past Due Findings of
Fact and Conclusions of Law, requesting that the Court enter Findings of Fact and Conclusions
of Law, and would respectfully show this Court as follows:
I.
Your attention is respectfully called to the fact that a timely Request for Findings of Fact
and Conclusions of Law was filed in the above-entitled case on April 10, 2024. The filing date
DEFENDANTS’ NOTICE 0F PAST DUE
FINDINGS OF FACT AND CONCLUSIONS OF LAW
I:\24029\Pleadings\FOFCOL - Notice of Past Due.231004..doc Page 1 of 3
for the findings and conclusions was therefore April 30, 2024, which date has now passed.
Pursuant to Rule 297 of the Texas Rules of Civil Procedure, the deadline for filing the findings
and requests is now extended by this Notice to forty days after the initial request was filed on
April 10, 2024, which is Monday, May 20, 2024. You are respectfully requested to file findings
of fact and conclusions of law by that date.
A final Judgment was entered on March 22, 2024. The deadline for filing the request was
twenty days later, on April 11, 2024. See TEX. R. CIV. P. 296. The April 10, 2024 request was
filed timely.
WHEREFORE, PREMISES CONSIDERED, Defendants pray that the Court enter Findings of
Fact and Conclusions of Law, that Defendants have judgment that Plaintiff receive nothing by its
claims, and the Court grant Defendants such other and further relief, at law and in equity, which
Defendants may be entitled.
Respectfully submitted,
By: /s/ Jeffrey R. Sandberg
JEFFREY R. SANDBERG
State Bar No. 00790051
PALMER LEHMAN SANDBERG, PLLC
8350 North Central Expressway, Suite 1111
Dallas, Texas 752096
Telephone: (214) 242-6454
Facsimile: (214) 265-1950
Email: jsandberg@pamlaw.com
COUNSEL FOR DEFENDANTS
MEDICALUSA SUPPLY, LLC and RYON
SCOTT KESTLER
DEFENDANTS’ NOTICE OF PAST DUE
FINDINGS OF FACT AND CONCLUSIONS OF LAW
I:\24029\Pleadings\FOFCOL - Notice of Past Due.231004..doc Page 2 of 3
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing document has been served
on all counsel of record by electronic delivery through the Texas e-filing system on this lst day
of May 2024 and also as noted below:
VIA E-FILING AND EMAIL:
Charles M.R. Vethan
Attorney-in-Charge
Joseph L. Lanza
820 Gessner Road, Suite 1510
Houston, Texas 77024
Telephone: (713) 526-2222
Facsimile: (713) 526-2230
Email: edocs@vwtexlaw.com
R. Sandberg
/s/ Jeffrey
JEFFREY R. SANDBERG
DEFENDANTS’ NOTICE OF PAST DUE
FINDINGS OF FACT AND CONCLUSIONS OF LAW
I:\24029\Pleadings\FOFCOL - Notice of Past Due.231004..doc Page 3 of 3
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.
Maria lslas on behalf of JEFFREY SANDBERG
Bar No. 00790051
mislas@pamlaw.com
Envelope ID: 87272236
Filing Code Description: Findings Of Fact/Conclusions Of Law
Filing Description: DEFENDANTS NOTICE OF PAST DUE FINDINGS OF
FACT AND CONCLUSIONS OF LAW
Status as of 5/2/2024 8:27 AM CST
Associated Case Party: RYONSCOTTKESTLER
Name BarNumber Email TimestampSubmitted Status
JEFFREY RSANDBERG jsandberg@pamlaw.com 5/1/2024 2:51 :43 PM SENT
Maria Islas mislas@pamlaw.com 5/1/2024 2:51:43 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Francine Ly fly@dallascourts.org 5/1/2024 2:51 :43 PM SENT
Charles Marcellus Vethan 791852 edocs@vethanlaw.com 5/1/2024 2:51:43 PM SENT
Craig Jackson craig@cjlawoffice.com 5/1/2024 2:51:43 PM SENT
Cameron Weir edocs@vwtexlaw.com 5/1/2024 2:51:43 PM SENT
Jason LeeVan Dyke jason@marsalalawgroup.com 5/1/2024 2:51:43 PM SENT
The Vethan Law Firm edocs@vwtexlaw.com 5/ 1/2024 2:51:43 PM SENT
Caitlin J. Scott cscott@lpfletcherlaw.com 5/ 1/2024 2:51:43 PM ERROR
Ross A.Williams rwilliams@bellnunnally.com 5/1/2024 2:51:43 PM SENT
Ryon Kestler ryon@depgco.com 5/1/2024 2:51:43 PM SENT
Charles Vethan edocs@vethanlaw.com 5/1/2024 2:51:43 PM SENT
Joseph Lanza Jlanza@vethanlaw.com 5/1/2024 2:51:43 PM SENT
Cameron Weir cweir@vethanlaw.com 5/1/2024 2:51:43 PM SENT
Associated Case Party: LOYSTPFLETCHER
Name BarNumber Email TimestampSubmitted Status
Loyst Fletcher loyst@lpfletcherlaw.com 5/1/2024 2:51 :43 PM SENT
Preview
FILED 5/1/2024 2:51 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Jenifer Trujillo DEPUTY CAUSE NO. DC-20-18383 IN THE DISTRICT COURT §§§§§§§§§§§§§§§§§§§§§§ 115 MANAGEMENT, INC., Plaintiff, V. MEDICALUSA SUPPLY, LLC and RYON SCOTT KESTLER, Defendants, v. 134TH JUDICIAL DISTRICT ZEPHYR COLLECTIONS, LLC, Intervenor, V. ZEPHYR COLLECTIONS, LLC, AARON CAIN, DAVID SCHILLER, DERRICK ARMSTRONG and CONTROLLED ELEMENTS SANITARY SOLUTIONS, LLC, Third-Party Defendants. DALLAS COUNTY, TEXAS DEFENDANTS’ NOTICE OF PAST DUE FINDINGS OF FACT AND CONCLUSIONS OF LAW To the Honorable Judge of said Court: COMES NOW MEDICALUSA SUPPLY, LLC (“MedicalUSA”) and RYON SCOTT KESTLER (“Kestler”) (collectively, Defendants”), and files this Notice of Past Due Findings of Fact and Conclusions of Law, requesting that the Court enter Findings of Fact and Conclusions of Law, and would respectfully show this Court as follows: I. Your attention is respectfully called to the fact that a timely Request for Findings of Fact and Conclusions of Law was filed in the above-entitled case on April 10, 2024. The filing date DEFENDANTS’ NOTICE 0F PAST DUE FINDINGS OF FACT AND CONCLUSIONS OF LAW I:\24029\Pleadings\FOFCOL - Notice of Past Due.231004..doc Page 1 of 3 for the findings and conclusions was therefore April 30, 2024, which date has now passed. Pursuant to Rule 297 of the Texas Rules of Civil Procedure, the deadline for filing the findings and requests is now extended by this Notice to forty days after the initial request was filed on April 10, 2024, which is Monday, May 20, 2024. You are respectfully requested to file findings of fact and conclusions of law by that date. A final Judgment was entered on March 22, 2024. The deadline for filing the request was twenty days later, on April 11, 2024. See TEX. R. CIV. P. 296. The April 10, 2024 request was filed timely. WHEREFORE, PREMISES CONSIDERED, Defendants pray that the Court enter Findings of Fact and Conclusions of Law, that Defendants have judgment that Plaintiff receive nothing by its claims, and the Court grant Defendants such other and further relief, at law and in equity, which Defendants may be entitled. Respectfully submitted, By: /s/ Jeffrey R. Sandberg JEFFREY R. SANDBERG State Bar No. 00790051 PALMER LEHMAN SANDBERG, PLLC 8350 North Central Expressway, Suite 1111 Dallas, Texas 752096 Telephone: (214) 242-6454 Facsimile: (214) 265-1950 Email: jsandberg@pamlaw.com COUNSEL FOR DEFENDANTS MEDICALUSA SUPPLY, LLC and RYON SCOTT KESTLER DEFENDANTS’ NOTICE OF PAST DUE FINDINGS OF FACT AND CONCLUSIONS OF LAW I:\24029\Pleadings\FOFCOL - Notice of Past Due.231004..doc Page 2 of 3 CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing document has been served on all counsel of record by electronic delivery through the Texas e-filing system on this lst day of May 2024 and also as noted below: VIA E-FILING AND EMAIL: Charles M.R. Vethan Attorney-in-Charge Joseph L. Lanza 820 Gessner Road, Suite 1510 Houston, Texas 77024 Telephone: (713) 526-2222 Facsimile: (713) 526-2230 Email: edocs@vwtexlaw.com R. Sandberg /s/ Jeffrey JEFFREY R. SANDBERG DEFENDANTS’ NOTICE OF PAST DUE FINDINGS OF FACT AND CONCLUSIONS OF LAW I:\24029\Pleadings\FOFCOL - Notice of Past Due.231004..doc Page 3 of 3 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. Maria lslas on behalf of JEFFREY SANDBERG Bar No. 00790051 mislas@pamlaw.com Envelope ID: 87272236 Filing Code Description: Findings Of Fact/Conclusions Of Law Filing Description: DEFENDANTS NOTICE OF PAST DUE FINDINGS OF FACT AND CONCLUSIONS OF LAW Status as of 5/2/2024 8:27 AM CST Associated Case Party: RYONSCOTTKESTLER Name BarNumber Email TimestampSubmitted Status JEFFREY RSANDBERG jsandberg@pamlaw.com 5/1/2024 2:51 :43 PM SENT Maria Islas mislas@pamlaw.com 5/1/2024 2:51:43 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Francine Ly fly@dallascourts.org 5/1/2024 2:51 :43 PM SENT Charles Marcellus Vethan 791852 edocs@vethanlaw.com 5/1/2024 2:51:43 PM SENT Craig Jackson craig@cjlawoffice.com 5/1/2024 2:51:43 PM SENT Cameron Weir edocs@vwtexlaw.com 5/1/2024 2:51:43 PM SENT Jason LeeVan Dyke jason@marsalalawgroup.com 5/1/2024 2:51:43 PM SENT The Vethan Law Firm edocs@vwtexlaw.com 5/ 1/2024 2:51:43 PM SENT Caitlin J. Scott cscott@lpfletcherlaw.com 5/ 1/2024 2:51:43 PM ERROR Ross A.Williams rwilliams@bellnunnally.com 5/1/2024 2:51:43 PM SENT Ryon Kestler ryon@depgco.com 5/1/2024 2:51:43 PM SENT Charles Vethan edocs@vethanlaw.com 5/1/2024 2:51:43 PM SENT Joseph Lanza Jlanza@vethanlaw.com 5/1/2024 2:51:43 PM SENT Cameron Weir cweir@vethanlaw.com 5/1/2024 2:51:43 PM SENT Associated Case Party: LOYSTPFLETCHER Name BarNumber Email TimestampSubmitted Status Loyst Fletcher loyst@lpfletcherlaw.com 5/1/2024 2:51 :43 PM SENT