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NO. 201447565
MEGA BUILDERS, INC. IN THE DISTRICT COURT
D/B/A Mega & Associates
Plaintiff
Vs.
Bell Tech Enterprises, Inc., OF HARRIS COUNTY, TEXAS
Trimcos LLC
Defendants 215" JUDICIAL DISTRICT
PLAINTIFF’S FIRST MOTION FOR CONTINUANCE AND
ENTRY OF AMENDED DOCKET CONTROL ORDER
TO THE HONORABLE ELAINE H. PALMER, JUDGE PRESIDING:
Plaintiff and Counter-Defendant Mega Builders, Inc. (“Mega”) moves for a
continuance from the trial presently set for June 15, 2015 and for entry of a new docket
control order.
1. This motion is made for good cause as will be shown hereafter resulting
from a confluence of factors: expanded scope of this case from what was anticipated and
personal injury of Plaintiff's counsel. This motion is not brought solely for purposes of
delay, but so that substantial justice and presentation of the issues may be had.
2. Plaintiff filed suit on August 19, 2014 to recover unpaid sums due on a
construction project on property owned by Bell Tech Enterprises. Trimcos answered on
September 12, 2014. But, when Bell Tech failed to answer, Plaintiff prepared and filed its
motion for default judgment and conditional motion to sever Trimcos.
3. While that motion was pending submission, Trimcos and Plaintiff through
their respective attorneys negotiated the current docket control order submitting it as
1agreed under the belief of Plaintiff's counsel that the issues remaining in the case would
be relatively straight forward. The Court entered the agreed scheduling order on October
1, 2014 (the “DCO”). The DCO contemplated an end of discovery on April 15, 2015 and
trial on June 15, 2015.
4. However Bell Tech did appear through the same attorney as represented
Trimcos, and Trimcos interjected additional issues in the form of its counterclaim filed
December 1, 2014. Trimcos’ December pleadings introduced claims that Plaintiff had
failed to properly perform earthwork and retention pond aspects of the job, and that its
work was defective - offering in support of another motion, photographic evidence of
tracked vehicle traffic that had crossed berms, collapsing portions of them and requiring
rework of prior earthwork. Plaintiffs previous discovery served on Defendants did not
seek production of documents related to these claims. Nor have Defendants through the
current date, identified those subsequent sub-contractors employing cranes and heavy
equipment whose later activities are not only the likely cause of the damage for which
Plaintiff has been sued, but who, under usual construction contracting forms retained
liability for damage to Plaintiffs prior work or the work of other contractors.
5. On February 2, 2015 Plaintiff's attorney fell while in the Fort Bend County
Justice Center, suffering severe personal injury requiring reconstructive surgery had on
March 12, 2015 and has been of limited availability, even to this date. And the injury did
not permit discovery before the cutoff which required that discovery be served by March
15, 2015.6. Plaintiff requires identification of those subsequent operatives using heavy
equipment on the site, document production and likely will join those subcontractors or
identify them as responsible parties to Trimcos’ counter-claim. Plaintiff also desires to
depose, among others, Bell Tech’s principal, Raffy Bell. Those actions cannot be
undertaken without amendment of the DCO.
Wherefore, premises considered Plaintiff requests the Court issue a revised docket
control order and grant a trial continuance. This case, formerly a fairly routine matter has
evolved into a contested construction liability claim complicated by injury to Plaintiff's
attorney. A continuance to January 2016 is requested. A proposed order is being filed
concurrently.
Respectfully submitted
April 22, 2015
/S/ Barry A. Brown
Barry A. Brown
SBOT NO. 03093000
Suite 1100, The Arena Tower
7322 Southwest Freeway
Houston, Texas 77074
Tel: 713 981 3880
Fax: 713 981 3881
e-mail: tebearO5@msn.com
Attorney For: Mega Builders, Inc.
VERIFICATION
STATE OF TEXAS
COUNTY OF HARRIS
Before me the undersigned attesting authority personally appeared Barry A.
Brown, a person known or properly identified to me who, having been by me duly sworn,
on his oath deposed and said:1. My name is Barry A. Brown, I am the attorney for Plaintiff Mega Builders,
Inc. in the above cause, and the statements contained in this affidavit are matters of my
personal knowledge and are true.
2. The statements contained in the foregoing Motion for Continuance and
Entry of Amended Docket Control Order are true.
ea
a —
Dated: April 22, 2015 7 ~ SS
( 2.
SS
SUBSCRIBED AND SWORN, THIS DATE: RIL 22, 2015...
LO a
NOTARY PUBLIC, STATE OF TEXAS
MARIA GC. NEWMAN
|.) Notary Public, State of Texas
My Commission Expires 02-20-2017
CERTIFICATE OF CONFERENCE
I hereby certify that prior to filing this motion that I conferred by e mail exchange with
Chris Juravich, attorney for Defendants, and regrettably, while he was most courteous,
the parties could not agree on the motion.
/S/ Barry A. Brown
Barry A. Brown
CERTIFICATE OF SERVICE
I hereby certify that I complied with Rule 21 and 21a,T.R.Civ.P. by serving all counsel
via ¢ filing, fax or email to jejuravich@aol.com on the date of filing, April 22, 2015.
/S/ Barry A. Brown
Barry A. Brown
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NO. 201447565 MEGA BUILDERS, INC. IN THE DISTRICT COURT D/B/A Mega & Associates Plaintiff Vs. Bell Tech Enterprises, Inc., OF HARRIS COUNTY, TEXAS Trimcos LLC Defendants 215" JUDICIAL DISTRICT PLAINTIFF’S FIRST MOTION FOR CONTINUANCE AND ENTRY OF AMENDED DOCKET CONTROL ORDER TO THE HONORABLE ELAINE H. PALMER, JUDGE PRESIDING: Plaintiff and Counter-Defendant Mega Builders, Inc. (“Mega”) moves for a continuance from the trial presently set for June 15, 2015 and for entry of a new docket control order. 1. This motion is made for good cause as will be shown hereafter resulting from a confluence of factors: expanded scope of this case from what was anticipated and personal injury of Plaintiff's counsel. This motion is not brought solely for purposes of delay, but so that substantial justice and presentation of the issues may be had. 2. Plaintiff filed suit on August 19, 2014 to recover unpaid sums due on a construction project on property owned by Bell Tech Enterprises. Trimcos answered on September 12, 2014. But, when Bell Tech failed to answer, Plaintiff prepared and filed its motion for default judgment and conditional motion to sever Trimcos. 3. While that motion was pending submission, Trimcos and Plaintiff through their respective attorneys negotiated the current docket control order submitting it as 1agreed under the belief of Plaintiff's counsel that the issues remaining in the case would be relatively straight forward. The Court entered the agreed scheduling order on October 1, 2014 (the “DCO”). The DCO contemplated an end of discovery on April 15, 2015 and trial on June 15, 2015. 4. However Bell Tech did appear through the same attorney as represented Trimcos, and Trimcos interjected additional issues in the form of its counterclaim filed December 1, 2014. Trimcos’ December pleadings introduced claims that Plaintiff had failed to properly perform earthwork and retention pond aspects of the job, and that its work was defective - offering in support of another motion, photographic evidence of tracked vehicle traffic that had crossed berms, collapsing portions of them and requiring rework of prior earthwork. Plaintiffs previous discovery served on Defendants did not seek production of documents related to these claims. Nor have Defendants through the current date, identified those subsequent sub-contractors employing cranes and heavy equipment whose later activities are not only the likely cause of the damage for which Plaintiff has been sued, but who, under usual construction contracting forms retained liability for damage to Plaintiffs prior work or the work of other contractors. 5. On February 2, 2015 Plaintiff's attorney fell while in the Fort Bend County Justice Center, suffering severe personal injury requiring reconstructive surgery had on March 12, 2015 and has been of limited availability, even to this date. And the injury did not permit discovery before the cutoff which required that discovery be served by March 15, 2015.6. Plaintiff requires identification of those subsequent operatives using heavy equipment on the site, document production and likely will join those subcontractors or identify them as responsible parties to Trimcos’ counter-claim. Plaintiff also desires to depose, among others, Bell Tech’s principal, Raffy Bell. Those actions cannot be undertaken without amendment of the DCO. Wherefore, premises considered Plaintiff requests the Court issue a revised docket control order and grant a trial continuance. This case, formerly a fairly routine matter has evolved into a contested construction liability claim complicated by injury to Plaintiff's attorney. A continuance to January 2016 is requested. A proposed order is being filed concurrently. Respectfully submitted April 22, 2015 /S/ Barry A. Brown Barry A. Brown SBOT NO. 03093000 Suite 1100, The Arena Tower 7322 Southwest Freeway Houston, Texas 77074 Tel: 713 981 3880 Fax: 713 981 3881 e-mail: tebearO5@msn.com Attorney For: Mega Builders, Inc. VERIFICATION STATE OF TEXAS COUNTY OF HARRIS Before me the undersigned attesting authority personally appeared Barry A. Brown, a person known or properly identified to me who, having been by me duly sworn, on his oath deposed and said:1. My name is Barry A. Brown, I am the attorney for Plaintiff Mega Builders, Inc. in the above cause, and the statements contained in this affidavit are matters of my personal knowledge and are true. 2. The statements contained in the foregoing Motion for Continuance and Entry of Amended Docket Control Order are true. ea a — Dated: April 22, 2015 7 ~ SS ( 2. SS SUBSCRIBED AND SWORN, THIS DATE: RIL 22, 2015... LO a NOTARY PUBLIC, STATE OF TEXAS MARIA GC. NEWMAN |.) Notary Public, State of Texas My Commission Expires 02-20-2017 CERTIFICATE OF CONFERENCE I hereby certify that prior to filing this motion that I conferred by e mail exchange with Chris Juravich, attorney for Defendants, and regrettably, while he was most courteous, the parties could not agree on the motion. /S/ Barry A. Brown Barry A. Brown CERTIFICATE OF SERVICE I hereby certify that I complied with Rule 21 and 21a,T.R.Civ.P. by serving all counsel via ¢ filing, fax or email to jejuravich@aol.com on the date of filing, April 22, 2015. /S/ Barry A. Brown Barry A. Brown