On July 26, 2017 a
Agreed Motion to Stay - MOTION - STAY
was filed
involving a dispute between
Eyemart Express Llc,
and
Jp Morgan Chase & Co,
Navy Federal Credit Union N.A.,
Tackie, Theophilus,
for EMPLOYMENT
in the District Court of Dallas County.
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FILED
DALLAS COUNTY
4/1/2019 11:54AM
FELICIA PITRE
DISTRICT CLERK
Lafonda Sims
CAUSE NO. DC—17-08861
EYEMART EXPRESS, INC. § 1N THE DISTRICT COURT 0F
§
Plaintiff §
§
V. § 191“ JUDICIAL DISTRICT
§
THEOPHILUS TACKIE §
Defendant § DALLAS COUNTY, TX
AGREED MOTION TO STAY LITIGATION
PENDING RESOLUTION OF CRIMINAL CASE
Plaintiff Eyemart Express, Inc. and Plaintiff in Intervention Westchester Fire Insurance Company
(“Plaintiffs”) and Defendant Theophilus Tackie (Defendant) files this Agreed Motion t0 Stay Litigation
Pending Resolution of Criminal Case, as follows:
I.
In this lawsuit, Plaintiffs alleges that Defendant embezzled funds from his employer, while working
for Plaintiff Eyemart Express, Inc. Plaintiff in Intervention Westchester Fire Insurance Company has
reimbursed Plaintiff Eyemart Express, Inc. for its lossescaused by the Defendant, pursuant a Crime Policy
of Insurance subject to a $50,000 policy deductible.
m
II.
Defendant Theophilus Tackie has been indicted by a Dallas County Grand Jury in the case,
Theophilus Tackie, Cause No. F17-22642-K, pending in the Criminal District Court #4 0f Dallas County,
TX. The criminal case arises from the same set 0f facts as the Plaintiffs’ cause 0f action against the
Defendant. Defendant Theophilus Tackie has pleaded not-guilty in the related criminal case.
III.
Because 0f the overlap 0f the criminal and civil cases, Which are premised upon the same alleged
conduct, Defendant’s due process rights may be affected by any discovery served upon him regarding the
AGREED MOTION TO STAY LITIGATION PAGE 1
alleged conduct and by any trial in this civil matter. The parties therefore agree that the best course ofaction
at this time would be for the Court to stay the lawsuit until the criminal case against the Defendant is
resolved.
IV.
The resolution ofthe Criminal Case may also result in a settlement ofthis civil lawsuit and Plaintiffs
requests that the Court exercise its discretionary power to stay this matter pending the resolution of a
pending criminal case, in order t0 conserve expenses for Plaintiffs and Defendant and also conserve judicial
resources.
Prayer
For the foregoing reasons, the parties respectfully request that the Court remove this case from the
June 17, 20 1 9 trial docket and stay this litigation until any criminal case against Theophilus Tackie has been
resolved, and grant any other relief to Which the parties may be entitled.
Respectfully submitted,
/s/Michael P. Duray
MICHAEL P. DURAY
State Bar N0. 06275050
VERNON & DURAY, L.L.P.
6820 Walling Lane
Dallas, Texas 75231
Ph.: (214 221-3700
Fax: (214)221-3701
Email: mpduray@sbcglobal.net
ATTORNEY FOR THIRD PARTY PLAINTIFF
WESTCHESTER FIRE INSURANCE COMPANY
AGREED MOTION T0 STAY LITIGATION PAGE 2
AGREED :
/s/Davz'd R. Schlottman (With permission)
David R. Schlottman, Attorney for
Plaintiff Eyemart Express, Inc.
/s/ Ronald P. Wright (With permission)
Ronald P. Wright, Attorney for
Defendant Theophilus Tackie
CERTIFICATE OF SERVICE
Ihereby certify that a true and correct copy of the above and foregoing instrument has been duly
served upon all attorneys of record, Via E-File 0n this 1“ day of April 2019.
/s/Mz'chael P. Duray
MICHAEL P. DURAY
AGREED MOTION TO STAY LITIGATION PAGE 3
Document Filed Date
April 01, 2019
Case Filing Date
July 26, 2017
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FILED DALLAS COUNTY 4/1/2019 11:54AM FELICIA PITRE DISTRICT CLERK Lafonda Sims CAUSE NO. DC—17-08861 EYEMART EXPRESS, INC. § 1N THE DISTRICT COURT 0F § Plaintiff § § V. § 191“ JUDICIAL DISTRICT § THEOPHILUS TACKIE § Defendant § DALLAS COUNTY, TX AGREED MOTION TO STAY LITIGATION PENDING RESOLUTION OF CRIMINAL CASE Plaintiff Eyemart Express, Inc. and Plaintiff in Intervention Westchester Fire Insurance Company (“Plaintiffs”) and Defendant Theophilus Tackie (Defendant) files this Agreed Motion t0 Stay Litigation Pending Resolution of Criminal Case, as follows: I. In this lawsuit, Plaintiffs alleges that Defendant embezzled funds from his employer, while working for Plaintiff Eyemart Express, Inc. Plaintiff in Intervention Westchester Fire Insurance Company has reimbursed Plaintiff Eyemart Express, Inc. for its lossescaused by the Defendant, pursuant a Crime Policy of Insurance subject to a $50,000 policy deductible. m II. Defendant Theophilus Tackie has been indicted by a Dallas County Grand Jury in the case, Theophilus Tackie, Cause No. F17-22642-K, pending in the Criminal District Court #4 0f Dallas County, TX. The criminal case arises from the same set 0f facts as the Plaintiffs’ cause 0f action against the Defendant. Defendant Theophilus Tackie has pleaded not-guilty in the related criminal case. III. Because 0f the overlap 0f the criminal and civil cases, Which are premised upon the same alleged conduct, Defendant’s due process rights may be affected by any discovery served upon him regarding the AGREED MOTION TO STAY LITIGATION PAGE 1 alleged conduct and by any trial in this civil matter. The parties therefore agree that the best course ofaction at this time would be for the Court to stay the lawsuit until the criminal case against the Defendant is resolved. IV. The resolution ofthe Criminal Case may also result in a settlement ofthis civil lawsuit and Plaintiffs requests that the Court exercise its discretionary power to stay this matter pending the resolution of a pending criminal case, in order t0 conserve expenses for Plaintiffs and Defendant and also conserve judicial resources. Prayer For the foregoing reasons, the parties respectfully request that the Court remove this case from the June 17, 20 1 9 trial docket and stay this litigation until any criminal case against Theophilus Tackie has been resolved, and grant any other relief to Which the parties may be entitled. Respectfully submitted, /s/Michael P. Duray MICHAEL P. DURAY State Bar N0. 06275050 VERNON & DURAY, L.L.P. 6820 Walling Lane Dallas, Texas 75231 Ph.: (214 221-3700 Fax: (214)221-3701 Email: mpduray@sbcglobal.net ATTORNEY FOR THIRD PARTY PLAINTIFF WESTCHESTER FIRE INSURANCE COMPANY AGREED MOTION T0 STAY LITIGATION PAGE 2 AGREED : /s/Davz'd R. Schlottman (With permission) David R. Schlottman, Attorney for Plaintiff Eyemart Express, Inc. /s/ Ronald P. Wright (With permission) Ronald P. Wright, Attorney for Defendant Theophilus Tackie CERTIFICATE OF SERVICE Ihereby certify that a true and correct copy of the above and foregoing instrument has been duly served upon all attorneys of record, Via E-File 0n this 1“ day of April 2019. /s/Mz'chael P. Duray MICHAEL P. DURAY AGREED MOTION TO STAY LITIGATION PAGE 3