On August 02, 2010 a
Motion,Ex Parte
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
Filed 12 J uly 9 P4:27
Chris Daniel - District Clerk
Harris Coun!
ED101) 016966318
By: Wanda Chambers
GPM HOUSTON PROPERTIES, LTD., § IN THE DISTRICT COURT OF
TRIYAR COMPANIES, LLC, and
SJM REALTY, LTD.
Vv. HARRIS COUNTY, TEXAS
FIREMAN’S FUND INSURANCE
COMPANY 190 JUDICIAL DISTRICT
JOINT MOTION TO EXTEND THE ADR DEADLINE
AND MODIFY DOCKET CONTROL ORDER
Plaintiffs GPM Houston Properties, Ltd., Triyar Companies, LLC and SJM Realty, Ltd.,
(“Plaintiffs”) and Defendant Fireman’s Fund Insurance Company (“FFIC”) file this Joint Motion
to Extend and Modify Docket Control Order. The Parties pray that the Court extend the ADR
Deadline to August 23, 2012 and extend the discovery and dispositive motion deadlines to
September 4, 2012.
This is a Joint Motion. All parties request that certain deadlines be moved.
Granting this Motion will
EQUESTED ELIE.
Trial is currently scheduled for September 17, 2012. The deadline to mediate is set for
July 16, 2012. The Parties were currently scheduled to attend mediation on July 9, 2009. Due to
several unforeseen circumstances, the Parties request an extension so they may adequately
prepare this case for mediation and/or trial.
The parties have been working diligently to develop this case and complete discovery.
The parties agree that more time is needed to prepare the case before mediation, and before the
discovery cut off.
Attorney Holly Terrell, one of the primary attorneys for FFIC, unexpectedly went into
labor on June 29, 2012. Her baby was not due for another month. Ms. Terrell’s knowledge and
advice is integral in FFIC’s mediation preparation. As such, FFIC is concerned about the health
of Ms. Terrell and her child, and FFIC is in the process of bringing additional counsel up to
speed to adequately represent its interest.
This case is a highly complex case concerning the alleged structural damages of two
massive Houston area shopping malls. Expert opinions are critical and necessary for the
litigation of this dispute as the alleged damages encompass several trades. As such, it is
necessary for the parties’ experts to evaluate, analyze, test, and develop their opinions before the
current mediation and discovery cut off dates.
Further, the parties agreed it is necessary to depose each other’s experts in order to
adequately prepare for mediation and, if necessary, trial. For these reasons, it has become
necessary to extend the medi
The Parties are diligently working together to schedule depositions. Already Plaintiffs
agreed to produce their corporate representative on July 11, 2012. Nonetheless, such depositions
are slated to occur after the currently scheduled mediation. Therefore, it is necessary to extend
RAYER FOR ELIEF
The Parties represent that this extension is not sought for purposes of delay, but so that
justice may be done. Because additional time is needed by the Parties to develop this case and
prepare this case for mediation and/or trial, the Parties request this Court to extend the ADR
deadline to August 23, 2012, and enter the agreed deadlines set out in the proposed Docket
Control Order.
Respectfully submitted,
By /s/ James L. Cornell
James L. Cornell
State Bar No. 04834800
2727 Allen Parkway, Suite 1675
Houston, TX 77019
(713) 526-0500
(713) 526-7974 — Facsimile
ATTORNEYS FOR PLAINTIFFS
ISDOM L.L.P.
/s/ Vasilia M. Wilkes
State Bar No. 13057620
martin@mdjwlaw.com
State Bar No. 00785356
disiere@mdjwlaw.com
Vasilia M. Wilkes
State Bar No. 24051452
wilkes@mdjwlaw.com
State Bar No. 24050691
terrell|@mdjwlaw.com
808 Travis Street, 20th Floor
(713) 222-0101 — Facsimile
ARDERE YNNE EWELL
Robert M. Hoffman
State Bar No. 09788200
rhoffman@gardere.com
Thanksgiving Tower, Suite 3000
1601 Elm Street
Dallas, TX 75201
(214) 999-3000
(214) 999-4667 - Facsimile
ATTORNEYS FOR DEFENDANT
FIREMAN’S FUND INSURANCE COMPANY
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing document was
electronically filed on this the 9 day of July 2012. Notice of this filing will be sent to all parties
via operation of the Court’s electronic filing system. For those parties whose counsel is not
registered with the Court’s electronic filing system, service will be made by either facsimile,
hand delivery, or via certified mail, return receipt requested.
Mr. James L. Cornell
/s/ Vasilia M. Wilkes
Vasilia M. Wilkes
Preview
Filed 12 J uly 9 P4:27 Chris Daniel - District Clerk Harris Coun! ED101) 016966318 By: Wanda Chambers GPM HOUSTON PROPERTIES, LTD., § IN THE DISTRICT COURT OF TRIYAR COMPANIES, LLC, and SJM REALTY, LTD. Vv. HARRIS COUNTY, TEXAS FIREMAN’S FUND INSURANCE COMPANY 190 JUDICIAL DISTRICT JOINT MOTION TO EXTEND THE ADR DEADLINE AND MODIFY DOCKET CONTROL ORDER Plaintiffs GPM Houston Properties, Ltd., Triyar Companies, LLC and SJM Realty, Ltd., (“Plaintiffs”) and Defendant Fireman’s Fund Insurance Company (“FFIC”) file this Joint Motion to Extend and Modify Docket Control Order. The Parties pray that the Court extend the ADR Deadline to August 23, 2012 and extend the discovery and dispositive motion deadlines to September 4, 2012. This is a Joint Motion. All parties request that certain deadlines be moved. Granting this Motion will EQUESTED ELIE. Trial is currently scheduled for September 17, 2012. The deadline to mediate is set for July 16, 2012. The Parties were currently scheduled to attend mediation on July 9, 2009. Due to several unforeseen circumstances, the Parties request an extension so they may adequately prepare this case for mediation and/or trial. The parties have been working diligently to develop this case and complete discovery. The parties agree that more time is needed to prepare the case before mediation, and before the discovery cut off. Attorney Holly Terrell, one of the primary attorneys for FFIC, unexpectedly went into labor on June 29, 2012. Her baby was not due for another month. Ms. Terrell’s knowledge and advice is integral in FFIC’s mediation preparation. As such, FFIC is concerned about the health of Ms. Terrell and her child, and FFIC is in the process of bringing additional counsel up to speed to adequately represent its interest. This case is a highly complex case concerning the alleged structural damages of two massive Houston area shopping malls. Expert opinions are critical and necessary for the litigation of this dispute as the alleged damages encompass several trades. As such, it is necessary for the parties’ experts to evaluate, analyze, test, and develop their opinions before the current mediation and discovery cut off dates. Further, the parties agreed it is necessary to depose each other’s experts in order to adequately prepare for mediation and, if necessary, trial. For these reasons, it has become necessary to extend the medi The Parties are diligently working together to schedule depositions. Already Plaintiffs agreed to produce their corporate representative on July 11, 2012. Nonetheless, such depositions are slated to occur after the currently scheduled mediation. Therefore, it is necessary to extend RAYER FOR ELIEF The Parties represent that this extension is not sought for purposes of delay, but so that justice may be done. Because additional time is needed by the Parties to develop this case and prepare this case for mediation and/or trial, the Parties request this Court to extend the ADR deadline to August 23, 2012, and enter the agreed deadlines set out in the proposed Docket Control Order. Respectfully submitted, By /s/ James L. Cornell James L. Cornell State Bar No. 04834800 2727 Allen Parkway, Suite 1675 Houston, TX 77019 (713) 526-0500 (713) 526-7974 — Facsimile ATTORNEYS FOR PLAINTIFFS ISDOM L.L.P. /s/ Vasilia M. Wilkes State Bar No. 13057620 martin@mdjwlaw.com State Bar No. 00785356 disiere@mdjwlaw.com Vasilia M. Wilkes State Bar No. 24051452 wilkes@mdjwlaw.com State Bar No. 24050691 terrell|@mdjwlaw.com 808 Travis Street, 20th Floor (713) 222-0101 — Facsimile ARDERE YNNE EWELL Robert M. Hoffman State Bar No. 09788200 rhoffman@gardere.com Thanksgiving Tower, Suite 3000 1601 Elm Street Dallas, TX 75201 (214) 999-3000 (214) 999-4667 - Facsimile ATTORNEYS FOR DEFENDANT FIREMAN’S FUND INSURANCE COMPANY CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing document was electronically filed on this the 9 day of July 2012. Notice of this filing will be sent to all parties via operation of the Court’s electronic filing system. For those parties whose counsel is not registered with the Court’s electronic filing system, service will be made by either facsimile, hand delivery, or via certified mail, return receipt requested. Mr. James L. Cornell /s/ Vasilia M. Wilkes Vasilia M. Wilkes