On August 02, 2010 a
Letter,Correspondence
was filed
involving a dispute between
Gpm Houston Properties Ltd,
Gpm Houston Properties, Ltd,
Sjm Realty Ltd,
Sjm Realty, Ltd.,
Triyar Companies Llc,
Triyar Companies, Llc,
and
Fireman'S Fund Insurance Company,
for DAMAGES (OTH)
in the District Court of Harris County.
Preview
(4
FILED
GARDERE Chris Danlel
District Clerk
attorneys and counselors « www.gardere.com
MAR 05 2013
Time:
Fars County, Texas
Direct: 214-999-4707 By Deputy
Direct Fax: 214-999-3707
rhoffman@gardere.com
March 5, 2013
Via Email
Judge Patricia J. Kerrigan
190) District Court
201 Caroline, 12" Floor
Houston, Texas 77002
Re: Cause No. 2010-47654; GPA Houston Properties, et al. v. Fireman's
Fund Insurance Company
Dear Judge Kerrigan:
I received a copy of the letter Jim Cornell sent you today. I briefly respond as
follows.
After 18 days in ICU in Athens Georgia, our son Will was recently air
ambulanced to Baylor Hospital’s neurological ward in Dallas, where I see him every day.
This is a $200 million case in which coverage itself is a huge issue. It will
assuredly be appealed no matter the outcome, so 90 days will not ultimately matter.
To prepare for trial in 60 days 1 would have to stop seeing Will—which I’m not
willing to do—and stop thinking about him—which I’m unable to do. Either way, my
client would suffer. In short, 1 cannot perform my moral and familial duties to my son,
and provide needed support to my wife, and at the same time meet Mr. Comell’s time
allotment. I’m sorry but J can’t.
Mr. Cornell expresses concern that his demands will come off as inscnsitive.
He’s right. But as we see sometimes, litigation has this ugly side: Mr. Cornell’s clients
are pushing him to gain any advantage, including putting me to trial when I cannot
properly concentrate or prepare. In Mr. Cornell’s summary judgment papers, he
emphasizes that I was retained by Fireman’s Fund in this lawsuit to, in his words, “save
the day.” Plaintiffs’ 2/8/13 Cross-Motion for Partial Summary judgment, p. 2. But in
order to get rid of me, today Mr. Cornell takes the opposite tact, contending that I’m
completely dispensable. {In case the Court or Mr. Cornell are curious, I have not been
able to review the entire cross motion for summary judgment filed by Plaintiffs three
GARDERE WYNNE SEWEIL LIP
3000 Thanksgiving Tower, 1601 Elin Street, Dallas, Texas 75201-4761 = 214.999.3000 Phone © 214.999.4667 Fax
Austin » Dallas » Houston # Mexico City
March 5, 2013
Page 2
weeks ago, nor the several other motions for summary judgment filed by plaintiffs in
February and March.]
I’m very, very sorry that my son’s injury has created this issue. But as much as
we would prefer it otherwise, our work lives are not always divorced from our personal
problems, Had the shoe been on the other foot such that Mr. Cornell or his client had
suffered a medical emergency in their lives, God forbid, I would not be pressing to put
them to trial before the July date recently ordered by the Court.
Please let me now if you have any questions for me.
fest regards,
Pewee
R@BERT M. HOFFMAN
RMH‘Ic}
ce: Chris Martin (via email)
Jim Cornell (via email)
GardereOl - 6292728v.1
Document Filed Date
March 05, 2013
Case Filing Date
August 02, 2010
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(4 FILED GARDERE Chris Danlel District Clerk attorneys and counselors « www.gardere.com MAR 05 2013 Time: Fars County, Texas Direct: 214-999-4707 By Deputy Direct Fax: 214-999-3707 rhoffman@gardere.com March 5, 2013 Via Email Judge Patricia J. Kerrigan 190) District Court 201 Caroline, 12" Floor Houston, Texas 77002 Re: Cause No. 2010-47654; GPA Houston Properties, et al. v. Fireman's Fund Insurance Company Dear Judge Kerrigan: I received a copy of the letter Jim Cornell sent you today. I briefly respond as follows. After 18 days in ICU in Athens Georgia, our son Will was recently air ambulanced to Baylor Hospital’s neurological ward in Dallas, where I see him every day. This is a $200 million case in which coverage itself is a huge issue. It will assuredly be appealed no matter the outcome, so 90 days will not ultimately matter. To prepare for trial in 60 days 1 would have to stop seeing Will—which I’m not willing to do—and stop thinking about him—which I’m unable to do. Either way, my client would suffer. In short, 1 cannot perform my moral and familial duties to my son, and provide needed support to my wife, and at the same time meet Mr. Comell’s time allotment. I’m sorry but J can’t. Mr. Cornell expresses concern that his demands will come off as inscnsitive. He’s right. But as we see sometimes, litigation has this ugly side: Mr. Cornell’s clients are pushing him to gain any advantage, including putting me to trial when I cannot properly concentrate or prepare. In Mr. Cornell’s summary judgment papers, he emphasizes that I was retained by Fireman’s Fund in this lawsuit to, in his words, “save the day.” Plaintiffs’ 2/8/13 Cross-Motion for Partial Summary judgment, p. 2. But in order to get rid of me, today Mr. Cornell takes the opposite tact, contending that I’m completely dispensable. {In case the Court or Mr. Cornell are curious, I have not been able to review the entire cross motion for summary judgment filed by Plaintiffs three GARDERE WYNNE SEWEIL LIP 3000 Thanksgiving Tower, 1601 Elin Street, Dallas, Texas 75201-4761 = 214.999.3000 Phone © 214.999.4667 Fax Austin » Dallas » Houston # Mexico City March 5, 2013 Page 2 weeks ago, nor the several other motions for summary judgment filed by plaintiffs in February and March.] I’m very, very sorry that my son’s injury has created this issue. But as much as we would prefer it otherwise, our work lives are not always divorced from our personal problems, Had the shoe been on the other foot such that Mr. Cornell or his client had suffered a medical emergency in their lives, God forbid, I would not be pressing to put them to trial before the July date recently ordered by the Court. Please let me now if you have any questions for me. fest regards, Pewee R@BERT M. HOFFMAN RMH‘Ic} ce: Chris Martin (via email) Jim Cornell (via email) GardereOl - 6292728v.1