On December 06, 2018 a
MOTION SANCTIONS - Motion - Continuance
was filed
involving a dispute between
Washington, Carla,
and
Oc Risk Management Services Llc,
Primrose Houston South Housing, L.P.,
for OTHER PERSONAL INJURY
in the District Court of Dallas County.
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FILED
3/11/2020 2:26PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO.,TEXAS
LoaidiGrove DEPUTY
CAUSE N0. DC—18—18232
CARLA WASHINGTON § IN THE DISTRICT COURT
Plaintiffi §
§
VS. §
§
44TH JUDICIAL DISTRICT
PRIMROSE HOUSTON SOUTH HOUSING,§
L.P. D/B/A ROSEMONT AT ASH CREEK, §
AND OC RISK MANAGEMENT §
SERVICES LLC §
Defendants § DALLAS COUNTY, TEXAS
DEFENDANTS’ MOTION FOR SANCTIONS AGAINST PLAINTIFF AND COUNSEL
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES, Defendants PRIMROSE HOUSTON SOUTH HOUSING, L.P.
incorrectly named as PRIMROSE HOUSTON SOUTH HOUSING, L.P. D/B/A ROSEMONT
AT ASH CREEK and OC RISK MANAGEMENT SERVICES LLC, (hereinafter referred t0 as
“Defendants) and under TeX. R. CiV. P. 215.1 files this itsMotion for Sanctions against Plaintiff
Carla Washington and Plaintiff’s counsel, and would show the Court the following:
I. BACKGROUND
This case arises out of a slip and fall incident that occurred 0n or about December 19,
2016. Plaintiff’s Original Petition asserts negligence claims against Defendants and seeks
damages for personal injuries related t0 the incident. Defendants filed its Original Answer on
January 28, 2019. Trial is currently set for June 1, 2020. This is the first trial setting.
III. MOTION FOR SANCTIONS
On October 21, 2019, counsel for Defendants noticed the depositions of Plaintiff Carla
Washington and Plaintiff’s daughter, Dominque Brown. The depositions were scheduled t0 take
place at Plaintiff’s counsel’s office 0n October 30, 2019. Plaintiff and Dominque Brown
appeared for their depositions as scheduled, however, Plaintiff’s deposition was interrupted due
Defendants’ Motion for Sanctions
1359.120 /Washington V. Primrose, eta1. Page 1 of 3
to Plaintiff’s highly and Visible intoxicated state. Plaintiff’s daughter, Dominque Brown, was
unable to testify at her deposition, because she had t0 drive Plaintiff home. Defendants have
requested additional dates t0 continue Plaintiff’s deposition and reset Dominque Brown’s
deposition multiple times. However, Plaintiff’s counsel has failed t0 provide same.
Plaintiff should not have presented Plaintiff in an intoxicated state. By the time of the
first break, counsel and the court reporter knew Plaintiff was intoxicated. The intoxication was
evident in her appearance, her lack 0f focus and her inability to answer questions. Defendant has
already requested Plaintiff pay the cancellation fee for Ms. Brown’s deposition. Plaintiff has
refused. Plaintiff cannot drive herself. Her daughter left the office 0f Plaintiff’s counsel t0 take
her intoxicated mother home. Defendant should not have t0 bear the costs associated With
Plaintiff’s intoxication and counsel’s failure t0 assess his client prior t0 presenting her for her
deposition. Plaintiff’s testimony from her first deposition is clearly tainted due to her
intoxication, forcing Defendant t0 obtain a second deposition 0f Plaintiff. Defendants ask this
Court t0 assess the cost associated with the cancellation 0f Ms. Brown’s deposition and the costs
associated with the second deposition of Plaintiff against Plaintiff. Plaintiff also seeks attorney
fees for having t0 prepare this Motion and t0 have itheard in the amount 0f $1,000.00.
PRAYER
WHEREFORE PREMISES CONSIDERED, Defendant requests sanctions for the cost
0f Plaintiff’s second deposition, the cancellation fee for Plaintiff’s daughter’s deposition and
such other relief to Which itmay justly be entitled to.
Defendants’ Motion for Sanctions
1359.120 /Washington V. Primrose, eta1. Page 2 of 3
Respectfully submitted,
ADKERSON, HAUDER & BEZNEY, P.C.
By: A/Ammda/Schwmtgx
Paul A. Bezney
State Bar No. 00787077
Amanda L. Schwartz
State Bar No. 24044548
1700 Pacific Avenue, Suite 4450
Dallas, Texas 75201
Telephone: 2 14-740-2500
Facsimile: 2 1 4-740-2501
E-mail: bezney@ahblawnet (e-file only)
E-mail: amanda@ahblaw.net
ATTORNEYS FOR DEFENDANTS
CERTIFICATE 0F CONFERENCE
This is to certify that counsel for Plaintiff and Defendants have conferred 0n the merits of
this Motion, and that no agreement was reached; therefore, the Motion is presented to the Court
for determination.
/J/74mmzda/Jdmlmtg
Amanda L. Schwartz
CERTIFICATE 0F SERVICE
A true and correct copy 0f the foregoing instrument has been served upon all the parties,
pursuant t0 the Texas Rules 0f Civil Procedure 0n this the 11th day of March, 2020.
/J/;4mmda/5dw/Mg
Amanda L. Schwartz
Defendants’ Motion for Sanctions
1359.120 /Washington V. Primrose, eta1. Page 3 0f3
Document Filed Date
May 27, 2020
Case Filing Date
December 06, 2018
Category
OTHER PERSONAL INJURY
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FILED 3/11/2020 2:26PM FELICIA PITRE DISTRICT CLERK DALLAS CO.,TEXAS LoaidiGrove DEPUTY CAUSE N0. DC—18—18232 CARLA WASHINGTON § IN THE DISTRICT COURT Plaintiffi § § VS. § § 44TH JUDICIAL DISTRICT PRIMROSE HOUSTON SOUTH HOUSING,§ L.P. D/B/A ROSEMONT AT ASH CREEK, § AND OC RISK MANAGEMENT § SERVICES LLC § Defendants § DALLAS COUNTY, TEXAS DEFENDANTS’ MOTION FOR SANCTIONS AGAINST PLAINTIFF AND COUNSEL TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES, Defendants PRIMROSE HOUSTON SOUTH HOUSING, L.P. incorrectly named as PRIMROSE HOUSTON SOUTH HOUSING, L.P. D/B/A ROSEMONT AT ASH CREEK and OC RISK MANAGEMENT SERVICES LLC, (hereinafter referred t0 as “Defendants) and under TeX. R. CiV. P. 215.1 files this itsMotion for Sanctions against Plaintiff Carla Washington and Plaintiff’s counsel, and would show the Court the following: I. BACKGROUND This case arises out of a slip and fall incident that occurred 0n or about December 19, 2016. Plaintiff’s Original Petition asserts negligence claims against Defendants and seeks damages for personal injuries related t0 the incident. Defendants filed its Original Answer on January 28, 2019. Trial is currently set for June 1, 2020. This is the first trial setting. III. MOTION FOR SANCTIONS On October 21, 2019, counsel for Defendants noticed the depositions of Plaintiff Carla Washington and Plaintiff’s daughter, Dominque Brown. The depositions were scheduled t0 take place at Plaintiff’s counsel’s office 0n October 30, 2019. Plaintiff and Dominque Brown appeared for their depositions as scheduled, however, Plaintiff’s deposition was interrupted due Defendants’ Motion for Sanctions 1359.120 /Washington V. Primrose, eta1. Page 1 of 3 to Plaintiff’s highly and Visible intoxicated state. Plaintiff’s daughter, Dominque Brown, was unable to testify at her deposition, because she had t0 drive Plaintiff home. Defendants have requested additional dates t0 continue Plaintiff’s deposition and reset Dominque Brown’s deposition multiple times. However, Plaintiff’s counsel has failed t0 provide same. Plaintiff should not have presented Plaintiff in an intoxicated state. By the time of the first break, counsel and the court reporter knew Plaintiff was intoxicated. The intoxication was evident in her appearance, her lack 0f focus and her inability to answer questions. Defendant has already requested Plaintiff pay the cancellation fee for Ms. Brown’s deposition. Plaintiff has refused. Plaintiff cannot drive herself. Her daughter left the office 0f Plaintiff’s counsel t0 take her intoxicated mother home. Defendant should not have t0 bear the costs associated With Plaintiff’s intoxication and counsel’s failure t0 assess his client prior t0 presenting her for her deposition. Plaintiff’s testimony from her first deposition is clearly tainted due to her intoxication, forcing Defendant t0 obtain a second deposition 0f Plaintiff. Defendants ask this Court t0 assess the cost associated with the cancellation 0f Ms. Brown’s deposition and the costs associated with the second deposition of Plaintiff against Plaintiff. Plaintiff also seeks attorney fees for having t0 prepare this Motion and t0 have itheard in the amount 0f $1,000.00. PRAYER WHEREFORE PREMISES CONSIDERED, Defendant requests sanctions for the cost 0f Plaintiff’s second deposition, the cancellation fee for Plaintiff’s daughter’s deposition and such other relief to Which itmay justly be entitled to. Defendants’ Motion for Sanctions 1359.120 /Washington V. Primrose, eta1. Page 2 of 3 Respectfully submitted, ADKERSON, HAUDER & BEZNEY, P.C. By: A/Ammda/Schwmtgx Paul A. Bezney State Bar No. 00787077 Amanda L. Schwartz State Bar No. 24044548 1700 Pacific Avenue, Suite 4450 Dallas, Texas 75201 Telephone: 2 14-740-2500 Facsimile: 2 1 4-740-2501 E-mail: bezney@ahblawnet (e-file only) E-mail: amanda@ahblaw.net ATTORNEYS FOR DEFENDANTS CERTIFICATE 0F CONFERENCE This is to certify that counsel for Plaintiff and Defendants have conferred 0n the merits of this Motion, and that no agreement was reached; therefore, the Motion is presented to the Court for determination. /J/74mmzda/Jdmlmtg Amanda L. Schwartz CERTIFICATE 0F SERVICE A true and correct copy 0f the foregoing instrument has been served upon all the parties, pursuant t0 the Texas Rules 0f Civil Procedure 0n this the 11th day of March, 2020. /J/;4mmda/5dw/Mg Amanda L. Schwartz Defendants’ Motion for Sanctions 1359.120 /Washington V. Primrose, eta1. Page 3 0f3