Preview
02/22/2012 01:26:00 PM 713-755-1451 Page 2/4
CAUSE NO. 2010-11656
ESTELA ORTEGA, INDIVIDUALLY § IN THE DISTRICT COURT OF
AND AS NEXT FRIEND OF BRITNEY
ORTEGA AND JOSE ORTEGA
VS. HARRIS COUNTY, TEXAS
WASTE MANAGEMENT, INC., WASTE
MANAGEMENT OF TEXAS, INC. D/B/A
WASTE MANAGEMENT HOUSTON
METRO AND FILIBERTO CARDENAS 80™ JUDICIAL DISTRICT
AGREED MOTION FOR CONTINUANCE
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COME Plaintiffs, Estella Ortega, Individually and as next friend of Britney Ortega and Jose
Ortega, and Defendants Waste Management, Inc., and Waste Management of Texas, Inc. D/B/A Waste
Management Houston Metro, as Movants herein, and file this Agreed Motion for Continuance, and in support
hereof show the court the following:
I
This is a suit arising out of personal injuries sustained by Plaintiffs on March 7, 2008, when Plaintiff
Jose Ortega was in his1997 Neon Dodge with his wife Estela Ortega and daughter, Britney Ortega, and
stopped at a red light behind a Waste Management trash truck at the 130 block of W. Parker Road in
Houston, Texas. Plaintiffs filed suit on February 22,
22. 2010 against Waste Management, Inc., Waste
Management of Texas, Inc. d/b/a Waste Management Houston Metro and Filiberto Cardenas. Defendants
Waste Management were properly served and have made an appearance in this suit. Filiberto Cardenas has
not been served, This case is presently set for trial on March 5, 2012.
TL.
Plaintiffs were formerly represented
by Attorney Anastasios C. Rotha/k/a Tasi C, Roth in connection
with the March 7, 2008 incident. Attomey Anastasios C. Roth a/k/a Tasi C. Roth represented the Plaintiffs
and negotiated the settlement and release of this matter. On or about March 9 or 10, 2009, settlement funds
02/22/2012 01:26:00 PM 713-755-1451 Page 3/4
were issued by Defendant Waste Management of Texas, Inc. to Attorney Roth as consideration for the
release of Plaintiffs' personal injury claims. Plaintiffs have filed actions for conversion and breach of
fiduciary duty against Defendant Roth alleging that Plaintiffs did not receive their share of the settlement
funds,
I,
Defendant Anastasios C. Roth a/k/a Tasi C. Roth was served on November 28, 201 1, but has not
filed an answer in this matter.
IV.
The parties have agreed to mediate this case, The mediator will be David E. Brothers, with the
jaw firm of Brothers, Sepulveda & Alvarado, P.C., Two Memorial City Plaza, 820 Gessner, Suite 1075,
Houston, Texas 77024 - Tel: 713-337-0750/Fax: 713-337-0760. The mediation date is not yet set.
Vv.
Plaintiffs and Defendants request the Court grant a continuance of the trial of this matter in order
that this case can be mediated.
VI
Movants ask the Court to continue the present trial setting of March 5, 2012 for at least one hundred
twenty (120) days, that Trial be re-set to August 27, 2012 at 9:00 a.m, and that a new docket control order
be issued. Movants have agreed to waive their two (2) week summer vacation period.
VIL
This request for continuance is not for delay, but so that justice may be done.
WHEREFORE, PREMISES CONSIDERED, Movants request the Court grant this Agreed
Motion for Continuance, and continue the present trial setting of March 5, 2012 for at least one hundred
twenty (120) days, that Trial be re-set to August 27, 2012 and that a docket control order be issued and for
such other and further relief that may be awarded at law or in equity.
02/22/2012 01:26:00 PM 713-755-1451 Page 4/4
Respectfully submitted,
VILLALOBOS & VAUGHAN, PLLC
5804 N. 23" Street
McAllen, Texas 78504
(956) 687-4000 Tel.
(956) 687-4001 Fax
“sf Jeffrey R. Vaughan
Jeffrey R. Vaughan
State Bar No. 24013676
ATTORNEY FOR PLAINTIFFS
HARRISON, BETTIS, STAFF,
McFARLAND & WEEMS, L.L.P.
1415 Louisiana, 37" Floor
Houston, Texas 77002
(713) 843-7900 Tel.
(713) 843-7901 Fax
fsf Michael Long
Michael Long
State Bar No. 24065638
Clifford Harrison
State Bar No. 09113800
B. Lee Wertz, Jr.
State Bar No. 00797796
Carrie Schadle
State Bar No. 24051618
ATTORNEYS FOR DEFENDANTS
CERTIFICATE OF SERVICE
I certify that on the 2Ist day of February, 2012, a true and correct copy of this Agreed Motion for
Continuance was served on counsel for Defendants as indicated below:
Michael Long Fax No.: 713-843-7901
Clifford Harrison
B, Lee Wertz, Jr.
Carrie Schadle
HARRISON, BETTIS, STAFF,
McFARLAND & WEEMS, L.L.P.
1415 Louisiana, 37" Floor
Houston, Texas 77002
4s/ Jeffrey R. Vaughan
Jeffrey R. Vaughan
Preview
02/22/2012 01:26:00 PM 713-755-1451 Page 2/4 CAUSE NO. 2010-11656 ESTELA ORTEGA, INDIVIDUALLY § IN THE DISTRICT COURT OF AND AS NEXT FRIEND OF BRITNEY ORTEGA AND JOSE ORTEGA VS. HARRIS COUNTY, TEXAS WASTE MANAGEMENT, INC., WASTE MANAGEMENT OF TEXAS, INC. D/B/A WASTE MANAGEMENT HOUSTON METRO AND FILIBERTO CARDENAS 80™ JUDICIAL DISTRICT AGREED MOTION FOR CONTINUANCE TO THE HONORABLE JUDGE OF SAID COURT: NOW COME Plaintiffs, Estella Ortega, Individually and as next friend of Britney Ortega and Jose Ortega, and Defendants Waste Management, Inc., and Waste Management of Texas, Inc. D/B/A Waste Management Houston Metro, as Movants herein, and file this Agreed Motion for Continuance, and in support hereof show the court the following: I This is a suit arising out of personal injuries sustained by Plaintiffs on March 7, 2008, when Plaintiff Jose Ortega was in his1997 Neon Dodge with his wife Estela Ortega and daughter, Britney Ortega, and stopped at a red light behind a Waste Management trash truck at the 130 block of W. Parker Road in Houston, Texas. Plaintiffs filed suit on February 22, 22. 2010 against Waste Management, Inc., Waste Management of Texas, Inc. d/b/a Waste Management Houston Metro and Filiberto Cardenas. Defendants Waste Management were properly served and have made an appearance in this suit. Filiberto Cardenas has not been served, This case is presently set for trial on March 5, 2012. TL. Plaintiffs were formerly represented by Attorney Anastasios C. Rotha/k/a Tasi C, Roth in connection with the March 7, 2008 incident. Attomey Anastasios C. Roth a/k/a Tasi C. Roth represented the Plaintiffs and negotiated the settlement and release of this matter. On or about March 9 or 10, 2009, settlement funds 02/22/2012 01:26:00 PM 713-755-1451 Page 3/4 were issued by Defendant Waste Management of Texas, Inc. to Attorney Roth as consideration for the release of Plaintiffs' personal injury claims. Plaintiffs have filed actions for conversion and breach of fiduciary duty against Defendant Roth alleging that Plaintiffs did not receive their share of the settlement funds, I, Defendant Anastasios C. Roth a/k/a Tasi C. Roth was served on November 28, 201 1, but has not filed an answer in this matter. IV. The parties have agreed to mediate this case, The mediator will be David E. Brothers, with the jaw firm of Brothers, Sepulveda & Alvarado, P.C., Two Memorial City Plaza, 820 Gessner, Suite 1075, Houston, Texas 77024 - Tel: 713-337-0750/Fax: 713-337-0760. The mediation date is not yet set. Vv. Plaintiffs and Defendants request the Court grant a continuance of the trial of this matter in order that this case can be mediated. VI Movants ask the Court to continue the present trial setting of March 5, 2012 for at least one hundred twenty (120) days, that Trial be re-set to August 27, 2012 at 9:00 a.m, and that a new docket control order be issued. Movants have agreed to waive their two (2) week summer vacation period. VIL This request for continuance is not for delay, but so that justice may be done. WHEREFORE, PREMISES CONSIDERED, Movants request the Court grant this Agreed Motion for Continuance, and continue the present trial setting of March 5, 2012 for at least one hundred twenty (120) days, that Trial be re-set to August 27, 2012 and that a docket control order be issued and for such other and further relief that may be awarded at law or in equity. 02/22/2012 01:26:00 PM 713-755-1451 Page 4/4 Respectfully submitted, VILLALOBOS & VAUGHAN, PLLC 5804 N. 23" Street McAllen, Texas 78504 (956) 687-4000 Tel. (956) 687-4001 Fax “sf Jeffrey R. Vaughan Jeffrey R. Vaughan State Bar No. 24013676 ATTORNEY FOR PLAINTIFFS HARRISON, BETTIS, STAFF, McFARLAND & WEEMS, L.L.P. 1415 Louisiana, 37" Floor Houston, Texas 77002 (713) 843-7900 Tel. (713) 843-7901 Fax fsf Michael Long Michael Long State Bar No. 24065638 Clifford Harrison State Bar No. 09113800 B. Lee Wertz, Jr. State Bar No. 00797796 Carrie Schadle State Bar No. 24051618 ATTORNEYS FOR DEFENDANTS CERTIFICATE OF SERVICE I certify that on the 2Ist day of February, 2012, a true and correct copy of this Agreed Motion for Continuance was served on counsel for Defendants as indicated below: Michael Long Fax No.: 713-843-7901 Clifford Harrison B, Lee Wertz, Jr. Carrie Schadle HARRISON, BETTIS, STAFF, McFARLAND & WEEMS, L.L.P. 1415 Louisiana, 37" Floor Houston, Texas 77002 4s/ Jeffrey R. Vaughan Jeffrey R. Vaughan