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FILED
DALLAS COUNTY
10/17/2019 3:10PM
FELICIA PITRE
DISTRICT CLERK
Kellie Juricek
CAUSE NO. DC-18-16513
JESUS LARA § IN THE DISTRICT COURT
§
Plaintiff, §
§
vs. §
§ 14th JUDICIAL DISTRICT
SAFIA BABIKER, KAMAL §
MOHIELDIN, and DALLAS §
CENTRAL APPRAISAL DISTRICT §
§
Defendants. § DALLAS COUNTY, TEXAS
AND
CAUSE NO. DC-18-16513
SAFIA BABIKER AND KAMAL § IN THE DISTRICT COURT
MOHIELDIN §
Counter-Plaintiff, §
§
vs. §
§ 14th JUDICIAL DISTRICT
JESUS LARA §
§
§
§
Counter-Defendant. § DALLAS COUNTY, TEXAS
JESUS LARA’S MOTION TO COMPEL MEDIATION
TO THE HONORABLE DISTRICT COURT:
COMES NOW, Plaintiff/Counter-Defendant, Jesus Lara (hereinafter, “Plaintiff’), and
respectfully requests the Court refer this pending suit t0 non-binding mediation pursuant t0 the
Texas Civil Practices and Remedies Code, Section 154.001, et. eq. and this Court’s Uniform
Scheduling Order, in support thereof, would show the court the following:
I.
Plaintiff requests this Court t0 refer this case t0 mediation pursuant t0 this Court’s
Motion t0 Compel Mediation
Uniform Scheduling Order which states:
6. The parties shallmedial: this case no later thanthirty (30) days before the Initial Trial
Setting. unless olhcnvise provided by court order. Mediation will be conducted in accordance with the
Standing Dallas County Civil District Court Order Regarding Mediation. which is available from the
Dallas County ADR Coordinator. All parties shall contact lhc mediator to arrange the mediation.
Further, Section 154.002, of the Texas Civil Practices and Remedies Code, in pertinent part,
provides that “it is the policy of this State to encourage the peaceable resolution of
disputes…with special consideration given to the early settlement of pending litigation thorough
voluntary settlement procedures. Tex. Civ. Prac. & Rem. Code §154.002. Section 154.003 also
provides that “it is the responsibility of all trial and appellate courts to carry out the policy under
Section 154.002.” Tex. Civ. Prac. & Rem. Code § 154.003.
II.
This case is currently on the Court’s docket for a non-jury trial February 18, 2020.
Defendants Safia Babiker and Kamal Moheilddin’s pervious counsel suggested mediation.
However at that time, discovery was still pending. Plaintiff’s counsel has reached out to
Defendants Babiker, and Moheilddin, and provided the following names as potential mediators:
Jay Zelesky
Bob Jencvein
John Shipp
Jim Juneau
Mike McCullough
Plaintiff’s counsel has not head back.
The parties have attempted to engage in informal settlement discussions but have been
unsuccessful. It would beneficial, for a neutral party to help with the decision making process.
Accordingly, Plaintiff believes that it would be valuable to all parties to appear for mediation.
Motion to Compel Mediation 2
III.
WHEREFORE, PREMISES CONSIDERED, Plaintiff/Counter-Defendant, Jesus Lara,
prays that the Court grant this Motion t0 Compel Mediation and compel Defendants to appear at
mediation, that the fees be divided equally and for any and all other relief to which it may show
itselfjustly entitled.
Respectfully submitted,
FIDELITY NATIONAL LAW GROUP
/s/Salina A. Ali
SALINA A. ALI
State Bar N0. 24067484
GREGORY BREWER
State Bar No. 00792370
14785 Preston Road, Suite 1150
Dallas, TX 75254
Phone: (972) 812-6541
Fax: (972) 812-9408
Email: salina.kabani@fnf.com
ATTORNEYS FOR PLAINTIFF JESUS
LARA
CERTIFICATE OF CONFERENCE
Counsel for Jesus Lara has attempted to contact counsel for Defendants on October 1, 20 1 9
at 1:11pm, October 10, 2019 at 8:55am and October 16, 2019 at 10:18 am Via email. While
Defendants have been contacting various counsel at Fidelity in Omaha, Defendants refiJse to
correspond with the undersigned counsel.
/s/ Salina A. Ali
SALINA A. ALI
Motion to Compel Mediation 3
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument has been sent to all
parties of record in accordance With the Texas Rules of Civil Procedure on this the 17th day of
October, 2019, Via TexFile.
Via E-Service
William M. Stevens
Law Office of William M. Stevens
staff@stevenslawyer.com
Co-Counselfor Jesus Lara
Via E-Service
Peter G. Smith
Braden W. Metcalf
500 N. Akard, Suite 1800
Dallas, Texas 75201
psmith@nj dhs.com
bmetcalf@nj dhs.com
Attorneys for Defendant Dallas Central Appraisal District
Via First Class Mail, CMRRR# 9414 7266 9904 2967 5561 37. Eservice & Email
Safia Babiker
3209 Harvard Street North
Irving, Texas 75062
safiahaccp@hotmai1.com
Via First Class Mail, CMRRR# 9414 7266 9904 2967 5561 44, Eservice & Email
Kama] Moheildin
3209 Harvard Street North
Irving, Texas 75062
kamalgenaid@h0tmail.com
/S/ Salina A. Ali
SALINA A. ALI
Motion to Compel Mediation 4
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FILED DALLAS COUNTY 10/17/2019 3:10PM FELICIA PITRE DISTRICT CLERK Kellie Juricek CAUSE NO. DC-18-16513 JESUS LARA § IN THE DISTRICT COURT § Plaintiff, § § vs. § § 14th JUDICIAL DISTRICT SAFIA BABIKER, KAMAL § MOHIELDIN, and DALLAS § CENTRAL APPRAISAL DISTRICT § § Defendants. § DALLAS COUNTY, TEXAS AND CAUSE NO. DC-18-16513 SAFIA BABIKER AND KAMAL § IN THE DISTRICT COURT MOHIELDIN § Counter-Plaintiff, § § vs. § § 14th JUDICIAL DISTRICT JESUS LARA § § § § Counter-Defendant. § DALLAS COUNTY, TEXAS JESUS LARA’S MOTION TO COMPEL MEDIATION TO THE HONORABLE DISTRICT COURT: COMES NOW, Plaintiff/Counter-Defendant, Jesus Lara (hereinafter, “Plaintiff’), and respectfully requests the Court refer this pending suit t0 non-binding mediation pursuant t0 the Texas Civil Practices and Remedies Code, Section 154.001, et. eq. and this Court’s Uniform Scheduling Order, in support thereof, would show the court the following: I. Plaintiff requests this Court t0 refer this case t0 mediation pursuant t0 this Court’s Motion t0 Compel Mediation Uniform Scheduling Order which states: 6. The parties shallmedial: this case no later thanthirty (30) days before the Initial Trial Setting. unless olhcnvise provided by court order. Mediation will be conducted in accordance with the Standing Dallas County Civil District Court Order Regarding Mediation. which is available from the Dallas County ADR Coordinator. All parties shall contact lhc mediator to arrange the mediation. Further, Section 154.002, of the Texas Civil Practices and Remedies Code, in pertinent part, provides that “it is the policy of this State to encourage the peaceable resolution of disputes…with special consideration given to the early settlement of pending litigation thorough voluntary settlement procedures. Tex. Civ. Prac. & Rem. Code §154.002. Section 154.003 also provides that “it is the responsibility of all trial and appellate courts to carry out the policy under Section 154.002.” Tex. Civ. Prac. & Rem. Code § 154.003. II. This case is currently on the Court’s docket for a non-jury trial February 18, 2020. Defendants Safia Babiker and Kamal Moheilddin’s pervious counsel suggested mediation. However at that time, discovery was still pending. Plaintiff’s counsel has reached out to Defendants Babiker, and Moheilddin, and provided the following names as potential mediators: Jay Zelesky Bob Jencvein John Shipp Jim Juneau Mike McCullough Plaintiff’s counsel has not head back. The parties have attempted to engage in informal settlement discussions but have been unsuccessful. It would beneficial, for a neutral party to help with the decision making process. Accordingly, Plaintiff believes that it would be valuable to all parties to appear for mediation. Motion to Compel Mediation 2 III. WHEREFORE, PREMISES CONSIDERED, Plaintiff/Counter-Defendant, Jesus Lara, prays that the Court grant this Motion t0 Compel Mediation and compel Defendants to appear at mediation, that the fees be divided equally and for any and all other relief to which it may show itselfjustly entitled. Respectfully submitted, FIDELITY NATIONAL LAW GROUP /s/Salina A. Ali SALINA A. ALI State Bar N0. 24067484 GREGORY BREWER State Bar No. 00792370 14785 Preston Road, Suite 1150 Dallas, TX 75254 Phone: (972) 812-6541 Fax: (972) 812-9408 Email: salina.kabani@fnf.com ATTORNEYS FOR PLAINTIFF JESUS LARA CERTIFICATE OF CONFERENCE Counsel for Jesus Lara has attempted to contact counsel for Defendants on October 1, 20 1 9 at 1:11pm, October 10, 2019 at 8:55am and October 16, 2019 at 10:18 am Via email. While Defendants have been contacting various counsel at Fidelity in Omaha, Defendants refiJse to correspond with the undersigned counsel. /s/ Salina A. Ali SALINA A. ALI Motion to Compel Mediation 3 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing instrument has been sent to all parties of record in accordance With the Texas Rules of Civil Procedure on this the 17th day of October, 2019, Via TexFile. Via E-Service William M. Stevens Law Office of William M. Stevens staff@stevenslawyer.com Co-Counselfor Jesus Lara Via E-Service Peter G. Smith Braden W. Metcalf 500 N. Akard, Suite 1800 Dallas, Texas 75201 psmith@nj dhs.com bmetcalf@nj dhs.com Attorneys for Defendant Dallas Central Appraisal District Via First Class Mail, CMRRR# 9414 7266 9904 2967 5561 37. Eservice & Email Safia Babiker 3209 Harvard Street North Irving, Texas 75062 safiahaccp@hotmai1.com Via First Class Mail, CMRRR# 9414 7266 9904 2967 5561 44, Eservice & Email Kama] Moheildin 3209 Harvard Street North Irving, Texas 75062 kamalgenaid@h0tmail.com /S/ Salina A. Ali SALINA A. ALI Motion to Compel Mediation 4