On May 20, 2019 a
Party Discovery
was filed
involving a dispute between
Garcia, Anthony,
Jimenez, Alexis,
Ortiz, Tina,
and
Okechukwu, Nnamezie,
for MOTOR VEHICLE ACCIDENT
in the District Court of Dallas County.
Preview
FILED
8/11/2020 3:24 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Darling Tellez DEPUTY
CAUSE N0. NO. DC-l9-07178
DC-19-07178
ALEXIS
ALEXIS JIMENEZ,
JIMENEZ, ORTIZ
TINA ORTIZ §
§ IN THE DISTRICT
DISTRICT COURT
COURT
AND ANTHONY GARCIA GARCIA §
§
V.
V. §
§
95TH
95TH JUDICIAL
JUDICIAL DISTRICT
DISTRICT
§
§
NNAMEZIE
NNAMEZIE OKECHUKWU
OKECHUKWU §
§ DALLAS COUNTY, TEXAS
DEFENDANT’S
DEFENDANT'S MOTION
MOTION TO WITHDRAW
WITHDRAW “DEEMED”
"DEEMED" ADMISSIONS
ADMISSIONS
TO THE HONORABLE
HONORABLE JUDGE: JUDGE:
now, Defendant
Comes now, Defendant Nnamezie in in the
the above-referenced lawsuit & files
above-referenced lawsuit files this
this his
his Motion
to
to Admissions:
Withdraw Deemed Admissions:
I.
I. ALL RULE 198.3 TRCP
198.3 TRCP REQUIREMENTS
REQUIREMENTS MET
This lawsuit
This lawsuit arises
arises out
out of
of aa multi-vehjcle
multi-vehicle accident
accident in
in 201
2018.8.
The Defendant
The Defendant was not not born
born in
in the
the United
United States
States and
and his
his English
English language
language skills
skills are
are less
less than
than
perfect.
perfect.
The Defendant
The Defendant vaguely
vaguely recalls
recalls being
being handed
handed something
something that
that appeared
appeared toto be
be lawsuit
lawsuit papers
papers
last year. The
last year. The Defendant
Defendant hadhad never
never been
been sued before & was not
sued before not sure
sure what to
to do.
do. The Defendant
The Defendant told
told
the
the company that
company that he
he contracted
contracted with
with about
about receiving
receiving what appeared
appeared to
to be lawsuit
lawsuit papers
papers and
and
presumed they
presumed they would
would contact
contact the
the Defendant’s
Defendant's insurance company
insurance company on on his
his behalf.
behalf.
The non-lawyer
The non-lawyer Defendant
Defendant obviously
obviously diddid not
not understand
understand that
that there
there was written
written discovery
discovery
(including Requests
(including Requests forfor Admission)
Admission) attached
attached to
to the
the lawsuit
lawsuit papers.
papers.
The Discovery
The Discovery Response
Response Deadline
Deadline expired
expired before
before the
the undersigned
undersigned Defense
Defense Counsel
Counsel waswas
retained
retained by the
by the Defendant’s
Defendant's liability insurer.
liability insurer.
DEFENDANT'S
DEFENDANT’S MOTION TO WITHDRAW
MOTION WITHDRAW DEEMED ADMISSIONS
ADMISSIONS -- Page
Page l1
WOR-124/Pleadings/Dft's
WOR-124/Pleadings/th’s MTW
MTW
Defendant's
The Defendant’s failure
failure to timely
t0 timely respond/object
respond/object to the
to the Plaintiff’s
Plaintiffs Requests
Requests for Admission
for Admission
was
was not intentional
not intentional or because
or because the
the Defendant
Defendant consciously
was consciously indifferent
indifferent about
about getting
getting sued.
sued. The
Defendant
Defendant did
did not
not realize
realize that
that there
there were
were deadlines
deadlines for
for him
him to
to respond
respond to
to the
the Requests
Requests for
for
Admission.
Admission. Had
Had the Defendant
the Defendant known
known that,
that, he would
he would have
have timely
timely given
given discovery
discovery responses.
responses. See
See
attached
attached Exhibit
Exhibit “A”
"A" which
which is
is an
an Affidavit
Affidavit signed
signed by the
by the Defendant
Defendant and incorporated
incorporated herein
herein by
by
reference.
reference.
Under
Under Rule
Rule 198.3
198.3 TRCP,
TRCP, the
the Court
Court allow
may allow the
the withdrawal
withdrawal of “deemed”
of "deemed" Admissions
Admissions
when:
when:
a.
a. Defendant
The Defendant shows
shows "good
“good cause"
cause” for the
for the withdrawal;
withdrawal; and
b.
b. The
The Plaintiffs'
Plaintiffs’ presentation
presentation of the
the merits
merits of
of their
their lawsuit
lawsuit will
will not
not be unduly
unduly
prejudiced
prejudiced ifif the
the "deemed"
“deemed” Admissions
Admissions are withdrawn.
are withdrawn.
Pursuant
Pursuant toto Rule
Rule 198.3 TRCP,
198.3 TRCP, the
the Defendant
Defendant moves
moves this
this Court
Court to withdraw
to withdraw the “deemed”
the "deemed"
Admissions.
Admissions.
Respectfully
Respectfully submitted,
submitted,
THE SCOTT
SCOTT LAW FIRM
FIRM
/s/
/s/ Gregory
Gregorv Alan
Alan Scott
Scott
Gregory
Gregory Alan
Alan Scott
Scott
Tx.
Tx. Bar No. 17899400
17899400
P.O.
P.O. Box 560664
560664
Dallas,
Dallas, Texas
Texas 75231
(214)
(214) 951-9292
951-9292
(214)
(214) 951-9495
951-9495 (Fax)
(Fax)
gscott@gscottlaw.com
gscott@gscottlaw.com
ATTORNEYS
ATTORNEYS FOR DEFENDANT
DEFENDANT
DEFENDANT'S
DEFENDANT’S MOTION WlTHDRA W DEEMED ADMISSIONS
MOTION TO WITHDRAW ADMISSIONS -- Page
Page l1
WOR-124/Pleadings/th’s MTW
WOR-1241PIeadingslDft'sMTW
CERTIFICATE
CERTIFICATE CONFERENCE
OF CONFERENCE
I
I hereby
hereby certify that
certify that my office
office emailed
emailed the
the proposed
proposed version
version of this
0f this Motion
Motion to
to Plaintiff
Plaintiff
Counsel
Counsel on
0n August
August 11,
11, 2020
2020 in
in an
an attempt
attempt to
to reach
reach an
an agreement
agreement on
on withdrawing
withdrawing Deemed
Admissions.
Admissions. Plaintiff Counsel is
PlaintiffCounsel opposed to
is opposed to this
this Motion.
Motion. Therefore,
Therefore, nono agreement
agreement could
could be
be reached.
reached.
lsi Gregogy
/s/ Gregory Alan
Alan Scott
Scott
GREGORY ALAN SCOTT
CERTIFICATE
CERTIFICATE SERVICE
OF SERVICE
II hereby certify that
hereby certify that aa true
true and
and correct
correct copy
copy of
of the
the foregoing
foregoing document
document has has been
been e-served
e-served toto
All Counsel
All Counsel ofof Record
Record on on this
this the
the 11 th day
11th day of August,
of August, 2020:
2020:
lsi Gregorv
/s/Gregory Alan
Alan Scott
Scott
GREGORY ALAN SCOTT
DEFENDANT'S
DEFENDANT’S MOTION
MOTION TOT0 WITHDRAW
WITHDRAW DEEMED ADMISSIONS
DEEMED ADMISSIONS -- Page
Page JJ
WOR-124/PleadingslDft'sMTW
WOR-124/Pleadings/th’s MTW
CAUSE
CAUSE NO.
NO. DC-19-07178
DC-l9-07l78
ALEXIS
ALEXIS .JIMENEZ,
JIMENEZ, TINA ORTIZ
TINA ORTIZ §
§ IN THE
THE DISTRICT
DISTRICT COURT
COL'RT
AND
AND ANTHONY
ANTHONY GARCIA
GARCIA §
§
V.
V. §
§
95'"
95rll JUDfCIAL
JUDICIAL DISTRICT
DISTRICT
§
§
NNAMEZIE
NNAMEZIE OKECHUKWU
OKECHUKWU §
§ DALLAS
DALLAS COIJNTY,
COUNTY, TEXAS
ST1\ TE 0F
STATE OF TEXAS
TEXAS §
§
COLNTY OF
COL'NTY DALLAS
DALLAS §
§
AFFIDAVIT
AFFIDAVIT IN SlJPPORT
SUPPORT OF
()F MOTION
MOTION TO
TO
WITHDRAW
WJTHDRA W "DEEMED" ” ADMISSIONS
“DEEME ADMISSIONS
Before
Before me, the
me. the undersigned
undersigned authority.
authority. personally
personally appeared
appeared Collins
Collins Okechukwu
Okechukwu Nnamczie.
Nnamczie.
who,
who, being
being by mc
by me duly
duly sworn,
sworn. deposed
deposed as
as follow:
follow:
"My numc
name is
is Collins
Collins Okcchukwu
Okcchukwu Nnamezie,
Nnamczic. I am
I am or sound
of soun I mind.
mind. over
over the
the
ace
age of'
0|"l188.
, legally
legally capable
capable of making
ol‘making this Affidm
thisAffidavit and
i1and have
have never been
never been convicted
convicted of
0f
a Felony
a Felony or a crime
0r a crime of m:
ofmoralralturpitude.
turpitude. I have personal
l have personal knowledge
knowledge of the
ofthe [acts herein
facts herein
stated
slated as l am
as lani thc
the Defendant
Defendant in thc
in the abm'e-rcl‘crcnced
above-referenced case
case such
and such facts are
facts true and
are trueand
correct.
COTI'CCL
was involved
1lwas involved in a mulli-vchiclc
in a multi-vehicle accident
accident 0116113/18
on which
6/1 3/1 8 which is Ihc
is the subject
subject of
0f
thi
this lawsuit.
lawsuit. Last year.I
Last year. I recall
recallbeing Served
being served with
with what appeared
what appeared to be lawsuit
to bc lawsuit papers.
papers.
1 had
I bad never
never been
been sued
sued before
before & was
was not
not sure
sure to
what lo do.
do. told
I told
I about
the company about
the
being served
being served with the
with the lav suit
lawsuit papers
papers and presumed
and presumed they
they would
would contact
contact the
the insurance
insurance
company
company on my behalf.
on behalf.
I did
I did not
not understand
understand that
that there
there something
was something called
called "written
“written discovery"
discovery"
attached
attached to
l0 the
the lawsuit
lawsuii papers.
papers. My failure
failure to
10 answer
answer the
{ht Plainti ff s
Plaintiffs Requests
Requests for
for
Admission was
Admission wa not intentional
not intentional because
or because
Document Filed Date
August 11, 2020
Case Filing Date
May 20, 2019
Category
MOTOR VEHICLE ACCIDENT
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED 8/11/2020 3:24 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Darling Tellez DEPUTY CAUSE N0. NO. DC-l9-07178 DC-19-07178 ALEXIS ALEXIS JIMENEZ, JIMENEZ, ORTIZ TINA ORTIZ § § IN THE DISTRICT DISTRICT COURT COURT AND ANTHONY GARCIA GARCIA § § V. V. § § 95TH 95TH JUDICIAL JUDICIAL DISTRICT DISTRICT § § NNAMEZIE NNAMEZIE OKECHUKWU OKECHUKWU § § DALLAS COUNTY, TEXAS DEFENDANT’S DEFENDANT'S MOTION MOTION TO WITHDRAW WITHDRAW “DEEMED” "DEEMED" ADMISSIONS ADMISSIONS TO THE HONORABLE HONORABLE JUDGE: JUDGE: now, Defendant Comes now, Defendant Nnamezie in in the the above-referenced lawsuit & files above-referenced lawsuit files this this his his Motion to to Admissions: Withdraw Deemed Admissions: I. I. ALL RULE 198.3 TRCP 198.3 TRCP REQUIREMENTS REQUIREMENTS MET This lawsuit This lawsuit arises arises out out of of aa multi-vehjcle multi-vehicle accident accident in in 201 2018.8. The Defendant The Defendant was not not born born in in the the United United States States and and his his English English language language skills skills are are less less than than perfect. perfect. The Defendant The Defendant vaguely vaguely recalls recalls being being handed handed something something that that appeared appeared toto be be lawsuit lawsuit papers papers last year. The last year. The Defendant Defendant hadhad never never been been sued before & was not sued before not sure sure what to to do. do. The Defendant The Defendant told told the the company that company that he he contracted contracted with with about about receiving receiving what appeared appeared to to be lawsuit lawsuit papers papers and and presumed they presumed they would would contact contact the the Defendant’s Defendant's insurance company insurance company on on his his behalf. behalf. The non-lawyer The non-lawyer Defendant Defendant obviously obviously diddid not not understand understand that that there there was written written discovery discovery (including Requests (including Requests forfor Admission) Admission) attached attached to to the the lawsuit lawsuit papers. papers. The Discovery The Discovery Response Response Deadline Deadline expired expired before before the the undersigned undersigned Defense Defense Counsel Counsel waswas retained retained by the by the Defendant’s Defendant's liability insurer. liability insurer. DEFENDANT'S DEFENDANT’S MOTION TO WITHDRAW MOTION WITHDRAW DEEMED ADMISSIONS ADMISSIONS -- Page Page l1 WOR-124/Pleadings/Dft's WOR-124/Pleadings/th’s MTW MTW Defendant's The Defendant’s failure failure to timely t0 timely respond/object respond/object to the to the Plaintiff’s Plaintiffs Requests Requests for Admission for Admission was was not intentional not intentional or because or because the the Defendant Defendant consciously was consciously indifferent indifferent about about getting getting sued. sued. The Defendant Defendant did did not not realize realize that that there there were were deadlines deadlines for for him him to to respond respond to to the the Requests Requests for for Admission. Admission. Had Had the Defendant the Defendant known known that, that, he would he would have have timely timely given given discovery discovery responses. responses. See See attached attached Exhibit Exhibit “A” "A" which which is is an an Affidavit Affidavit signed signed by the by the Defendant Defendant and incorporated incorporated herein herein by by reference. reference. Under Under Rule Rule 198.3 198.3 TRCP, TRCP, the the Court Court allow may allow the the withdrawal withdrawal of “deemed” of "deemed" Admissions Admissions when: when: a. a. Defendant The Defendant shows shows "good “good cause" cause” for the for the withdrawal; withdrawal; and b. b. The The Plaintiffs' Plaintiffs’ presentation presentation of the the merits merits of of their their lawsuit lawsuit will will not not be unduly unduly prejudiced prejudiced ifif the the "deemed" “deemed” Admissions Admissions are withdrawn. are withdrawn. Pursuant Pursuant toto Rule Rule 198.3 TRCP, 198.3 TRCP, the the Defendant Defendant moves moves this this Court Court to withdraw to withdraw the “deemed” the "deemed" Admissions. Admissions. Respectfully Respectfully submitted, submitted, THE SCOTT SCOTT LAW FIRM FIRM /s/ /s/ Gregory Gregorv Alan Alan Scott Scott Gregory Gregory Alan Alan Scott Scott Tx. Tx. Bar No. 17899400 17899400 P.O. P.O. Box 560664 560664 Dallas, Dallas, Texas Texas 75231 (214) (214) 951-9292 951-9292 (214) (214) 951-9495 951-9495 (Fax) (Fax) gscott@gscottlaw.com gscott@gscottlaw.com ATTORNEYS ATTORNEYS FOR DEFENDANT DEFENDANT DEFENDANT'S DEFENDANT’S MOTION WlTHDRA W DEEMED ADMISSIONS MOTION TO WITHDRAW ADMISSIONS -- Page Page l1 WOR-124/Pleadings/th’s MTW WOR-1241PIeadingslDft'sMTW CERTIFICATE CERTIFICATE CONFERENCE OF CONFERENCE I I hereby hereby certify that certify that my office office emailed emailed the the proposed proposed version version of this 0f this Motion Motion to to Plaintiff Plaintiff Counsel Counsel on 0n August August 11, 11, 2020 2020 in in an an attempt attempt to to reach reach an an agreement agreement on on withdrawing withdrawing Deemed Admissions. Admissions. Plaintiff Counsel is PlaintiffCounsel opposed to is opposed to this this Motion. Motion. Therefore, Therefore, nono agreement agreement could could be be reached. reached. lsi Gregogy /s/ Gregory Alan Alan Scott Scott GREGORY ALAN SCOTT CERTIFICATE CERTIFICATE SERVICE OF SERVICE II hereby certify that hereby certify that aa true true and and correct correct copy copy of of the the foregoing foregoing document document has has been been e-served e-served toto All Counsel All Counsel ofof Record Record on on this this the the 11 th day 11th day of August, of August, 2020: 2020: lsi Gregorv /s/Gregory Alan Alan Scott Scott GREGORY ALAN SCOTT DEFENDANT'S DEFENDANT’S MOTION MOTION TOT0 WITHDRAW WITHDRAW DEEMED ADMISSIONS DEEMED ADMISSIONS -- Page Page JJ WOR-124/PleadingslDft'sMTW WOR-124/Pleadings/th’s MTW CAUSE CAUSE NO. NO. DC-19-07178 DC-l9-07l78 ALEXIS ALEXIS .JIMENEZ, JIMENEZ, TINA ORTIZ TINA ORTIZ § § IN THE THE DISTRICT DISTRICT COURT COL'RT AND AND ANTHONY ANTHONY GARCIA GARCIA § § V. V. § § 95'" 95rll JUDfCIAL JUDICIAL DISTRICT DISTRICT § § NNAMEZIE NNAMEZIE OKECHUKWU OKECHUKWU § § DALLAS DALLAS COIJNTY, COUNTY, TEXAS ST1\ TE 0F STATE OF TEXAS TEXAS § § COLNTY OF COL'NTY DALLAS DALLAS § § AFFIDAVIT AFFIDAVIT IN SlJPPORT SUPPORT OF ()F MOTION MOTION TO TO WITHDRAW WJTHDRA W "DEEMED" ” ADMISSIONS “DEEME ADMISSIONS Before Before me, the me. the undersigned undersigned authority. authority. personally personally appeared appeared Collins Collins Okechukwu Okechukwu Nnamczie. Nnamczie. who, who, being being by mc by me duly duly sworn, sworn. deposed deposed as as follow: follow: "My numc name is is Collins Collins Okcchukwu Okcchukwu Nnamezie, Nnamczic. I am I am or sound of soun I mind. mind. over over the the ace age of' 0|"l188. , legally legally capable capable of making ol‘making this Affidm thisAffidavit and i1and have have never been never been convicted convicted of 0f a Felony a Felony or a crime 0r a crime of m: ofmoralralturpitude. turpitude. I have personal l have personal knowledge knowledge of the ofthe [acts herein facts herein stated slated as l am as lani thc the Defendant Defendant in thc in the abm'e-rcl‘crcnced above-referenced case case such and such facts are facts true and are trueand correct. COTI'CCL was involved 1lwas involved in a mulli-vchiclc in a multi-vehicle accident accident 0116113/18 on which 6/1 3/1 8 which is Ihc is the subject subject of 0f thi this lawsuit. lawsuit. Last year.I Last year. I recall recallbeing Served being served with with what appeared what appeared to be lawsuit to bc lawsuit papers. papers. 1 had I bad never never been been sued sued before before & was was not not sure sure to what lo do. do. told I told I about the company about the being served being served with the with the lav suit lawsuit papers papers and presumed and presumed they they would would contact contact the the insurance insurance company company on my behalf. on behalf. I did I did not not understand understand that that there there something was something called called "written “written discovery" discovery" attached attached to l0 the the lawsuit lawsuii papers. papers. My failure failure to 10 answer answer the {ht Plainti ff s Plaintiffs Requests Requests for for Admission was Admission wa not intentional not intentional because or because