On December 06, 2016 a
Motion,Ex Parte
was filed
involving a dispute between
Carr, Robert,
Franklin, Individually, Clifford,
and
Andrews Cleaning Service,
Johnson, Benjamin Kyle,
for Injury/Damage - Motor Vehicle
in the District Court of Smith County.
Preview
Electronically Filed
10/8/2018 1:43 PM
Lois Rogers, Smith County District Clerk
Reviewed By: Lana Fields
CAUSE NO.: 16-2497-A
ROBERT CARR and CLIFFORD § IN THE COUNTY COURT
FRANKLIN, INDIVIDUALLY AND AS §
NEXT FRIEND OF JAMYLON RAY, §
A MINOR §
Plaintiffs, §
§
vs. §
§
BENJAMIN KYLE JOHNSON and §
ANDREWS CLEANING SERVICE §
Defendants §
§ 7th JUDICIAL DISTRICT
BENJAMIN KYLE JOHNSON and §
ANDREWS CLEANING SERVICE §
Defendants/Counter-Plaintiffs §
§
vs. §
§
ROBERT CARR, §
Plaintiff/Counter-Defendant § SMITH COUNTY, TEXAS
AGREED MOTION FOR CONTINUANCE
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW Plaintiffs, Robert Carr and Clifford Franklin, dividually and as Next
Friend of Jamylon Ray, A Minor and Defendants, Benjamin Kyle Johnson and Andrews
Cleaning Service, and Plaintiff/Counter-Defendant Robert Carr, parties in the above-entitled and
numbered cause file their Agreed Motion for Continuance, and in support of said motion would
show as follows:
I.
Trial is currently set on the two week docket beginning on January 4, 2019. Neither
Plaintiffs nor Defendants have made an unconditional announcement of ready for trial.
Agreed Motion for Continuance Page 1 of 4
II.
Plaintiff and Defendants would show the court there is discovery to complete prior to
any party proceeding to trial. The parties request a continuance in order to obtain depositions
and necessary medical costs and expenses. Further, the parties are unable to attend mediation
until these depositions are completed.
This motion is sought not for the purposes of delay, but so that justice may be done.
Plaintiff and Defendants request a trial setting in May, 2019 which would permit the parties
sufficient time to review and analyze the records, conduct additional discovery, such as
depositions, and conduct mediation.
III.
The Court may grant a continuance to Plaintiffs and Defendants to afford additional time
to secure testimony and evidence regarding the accident and damages alleged. TRCP 247, 251
and 252; Villegas v. Carter, 711 S.W2d 624, 626 (Tex. 10986),Verkin v. Southwest Center One,
Ltd., 784 S.W.2d 92, 94 (Tex. App. – Houston [1st Dist.1989] writ denied.
IV.
WHEREFORE, PREMISES CONSIDERED, Defendants and Plaintiff request the
Court to continue the trial setting to allow the Parties to complete discovery in this matter and
request the current trial date of January 4, 2019, be re-set to a setting in May 2019, and for such
other and further relief to which the Parties may show themselves justly entitled.
Agreed Motion for Continuance Page 2 of 4
CERTIFICATE OF CONFERENCE
On September 12, 2018, I contacted counsel for Plaintiff, regarding the merits of the motion.
Counsel is agreeable to the continuance.
_____________
Bert Struck
CERTIFICATE OF SERVICE
I hereby certify that on this 5th day of October, 2018, the above referenced document was
served by electronic service and/or by fax transmission to Plaintiff’s counsel and to all known
counsel of record, pursuant to TRCP 21a.
Eservice: Michael@psbfirm.com
Michael E. Pierce
Pierce Skrabanek Bruera PLLC
3701 Kirby Drive, Suite 760
Houston, TX 77098
Eservice:LongEDocsNotifications@wbclawfirm.com
Sarah Holley Long
Walters Balido & Crain, LLP
10440 North Central Expressway
Dallas, Texas 75231
_____________
Bert Struck
Agreed Motion for Continuance Page 4 of 4
Document Filed Date
October 08, 2018
Case Filing Date
December 06, 2016
Category
Injury/Damage - Motor Vehicle
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Electronically Filed 10/8/2018 1:43 PM Lois Rogers, Smith County District Clerk Reviewed By: Lana Fields CAUSE NO.: 16-2497-A ROBERT CARR and CLIFFORD § IN THE COUNTY COURT FRANKLIN, INDIVIDUALLY AND AS § NEXT FRIEND OF JAMYLON RAY, § A MINOR § Plaintiffs, § § vs. § § BENJAMIN KYLE JOHNSON and § ANDREWS CLEANING SERVICE § Defendants § § 7th JUDICIAL DISTRICT BENJAMIN KYLE JOHNSON and § ANDREWS CLEANING SERVICE § Defendants/Counter-Plaintiffs § § vs. § § ROBERT CARR, § Plaintiff/Counter-Defendant § SMITH COUNTY, TEXAS AGREED MOTION FOR CONTINUANCE TO THE HONORABLE JUDGE OF SAID COURT: COME NOW Plaintiffs, Robert Carr and Clifford Franklin, dividually and as Next Friend of Jamylon Ray, A Minor and Defendants, Benjamin Kyle Johnson and Andrews Cleaning Service, and Plaintiff/Counter-Defendant Robert Carr, parties in the above-entitled and numbered cause file their Agreed Motion for Continuance, and in support of said motion would show as follows: I. Trial is currently set on the two week docket beginning on January 4, 2019. Neither Plaintiffs nor Defendants have made an unconditional announcement of ready for trial. Agreed Motion for Continuance Page 1 of 4 II. Plaintiff and Defendants would show the court there is discovery to complete prior to any party proceeding to trial. The parties request a continuance in order to obtain depositions and necessary medical costs and expenses. Further, the parties are unable to attend mediation until these depositions are completed. This motion is sought not for the purposes of delay, but so that justice may be done. Plaintiff and Defendants request a trial setting in May, 2019 which would permit the parties sufficient time to review and analyze the records, conduct additional discovery, such as depositions, and conduct mediation. III. The Court may grant a continuance to Plaintiffs and Defendants to afford additional time to secure testimony and evidence regarding the accident and damages alleged. TRCP 247, 251 and 252; Villegas v. Carter, 711 S.W2d 624, 626 (Tex. 10986),Verkin v. Southwest Center One, Ltd., 784 S.W.2d 92, 94 (Tex. App. – Houston [1st Dist.1989] writ denied. IV. WHEREFORE, PREMISES CONSIDERED, Defendants and Plaintiff request the Court to continue the trial setting to allow the Parties to complete discovery in this matter and request the current trial date of January 4, 2019, be re-set to a setting in May 2019, and for such other and further relief to which the Parties may show themselves justly entitled. Agreed Motion for Continuance Page 2 of 4 CERTIFICATE OF CONFERENCE On September 12, 2018, I contacted counsel for Plaintiff, regarding the merits of the motion. Counsel is agreeable to the continuance. _____________ Bert Struck CERTIFICATE OF SERVICE I hereby certify that on this 5th day of October, 2018, the above referenced document was served by electronic service and/or by fax transmission to Plaintiff’s counsel and to all known counsel of record, pursuant to TRCP 21a. Eservice: Michael@psbfirm.com Michael E. Pierce Pierce Skrabanek Bruera PLLC 3701 Kirby Drive, Suite 760 Houston, TX 77098 Eservice:LongEDocsNotifications@wbclawfirm.com Sarah Holley Long Walters Balido & Crain, LLP 10440 North Central Expressway Dallas, Texas 75231 _____________ Bert Struck Agreed Motion for Continuance Page 4 of 4