On May 19, 2017 a
Motion,Ex Parte
was filed
involving a dispute between
and
for INJURY OR DAMAGE, OTHER INJURY OR DAMAGE
in the District Court of Tarrant County.
Preview
017-292197-17 FILED
TARRANT COUNTY
2/9/2018 3:40 PM
THOMAS A. WILDER
Cause No. 017-292197-17 DISTRICT CLERK
STATE FARM LLOYDS AS SUBROGEE OF § IN THE DISTRICT COURT
JOSEPH AND MICHAEL BILLINGSLEY, §
Plaintiff, §
§
vs. §
§ TARRANT COUNTY, TEXAS
INTERLINE BRANDS INC., LINX, LTD., §
WATTS PLUMBING TECHNOLOGIES §
(TAIZHOU) CO. LTD. and §
WATTS REGULATOR CO., §
Defendants. § 17th JUDICIAL DISTRICT COURT
AGREED MOTION TO ABATE
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Plaintiff, STATE FARM LLOYDS AS SUBROGEE OF JOSEPH
AND MICHAEL BILLINGSLEY, and files this Agreed Motion to Abate, and in support thereof
would respectfully show the Court as follows:
I.
Plaintiff, State Farm and Defendant Interline participated in a global mediation on October
18, 2017, involving a number of similar claims involving allegedly defective toilet water supply
lines. A settlement agreement in principle was reached at the mediation. However, due to number
of matters and parties involved, the details of the settlement will take some time to finalize.
Consequently, the Parties respectfully request that this Court abate this lawsuit and any pending
motions and hearing thereupon, pending the global settlement details being finalized.
WHEREFORE, PREMISES CONSIDERED, the Parties respectfully pray that the
Court abate this lawsuit until such time as the settlement agreement is finalized and notice of the
same is given to the Court, and for such other and further relief to which the Parties may be entitled,
both in equity and at law.
AGREED MOTION TO ABATE Page 1
Respectfully submitted,
CARPENTER & SCHUMACHER, P.C.
By: /s/ Craig M. Schumacher
Craig M. Schumacher
State Bar No. 00791622
cschumacher@cstriallaw.com
N. Scott Carpenter
State Bar No. 00790428
scarpenter@cstriallaw.com
Parkway Centre IV
2701 North Dallas Parkway, Suite 570
Plano, Texas 75093
(972) 403-1133
Fax (972) 403-0311
ATTORNEYS FOR PLAINTIFF
STATE FARM LLOYDS AS SUBROGEE
OF JOSEPH AND MICHAEL BILLINGSLEY
CERTIFICATE OF CONFERENCE
The undersigned certifies that a conference was held with Defendants’ counsel of record
on or before February 9, 2018 regarding the merits of the foregoing motion. Defendants and their
counsel agree to the Motion.
/s/ Craig M. Schumacher
CRAIG M. SCHUMACHER
AGREED MOTION TO ABATE Page 2
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the above and foregoing
was served, in accordance with the Texas Rules of Civil Procedure, upon all counsel of record, on
the 9th day of February, 2018 as follows:
VIA E-SERVE VIA E-SERVE
James A. Tatem, III C. Vernon Hartline, Jr.
Germer, PLLC L Abigail Foreman
Three Allen Center Drew Thomas
333 Clay Street, Suite 4950 Hartline Dacus Barger Dreyer, LLP
Houston, Texas 77002 8750 N. Central Expwy., Ste. 1600
Counsel for Defendant Dallas, Texas 75231
Interline Brands, Inc. Counsel for Defendant
Watts Regulator Co.
/s/Craig M. Schumacher
CRAIG M. SCHUMACHER
AGREED MOTION TO ABATE Page 3
Document Filed Date
February 09, 2018
Case Filing Date
May 19, 2017
Category
INJURY OR DAMAGE, OTHER INJURY OR DAMAGE
Status
DISMISSED OR NON-SUITED
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017-292197-17 FILED TARRANT COUNTY 2/9/2018 3:40 PM THOMAS A. WILDER Cause No. 017-292197-17 DISTRICT CLERK STATE FARM LLOYDS AS SUBROGEE OF § IN THE DISTRICT COURT JOSEPH AND MICHAEL BILLINGSLEY, § Plaintiff, § § vs. § § TARRANT COUNTY, TEXAS INTERLINE BRANDS INC., LINX, LTD., § WATTS PLUMBING TECHNOLOGIES § (TAIZHOU) CO. LTD. and § WATTS REGULATOR CO., § Defendants. § 17th JUDICIAL DISTRICT COURT AGREED MOTION TO ABATE TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Plaintiff, STATE FARM LLOYDS AS SUBROGEE OF JOSEPH AND MICHAEL BILLINGSLEY, and files this Agreed Motion to Abate, and in support thereof would respectfully show the Court as follows: I. Plaintiff, State Farm and Defendant Interline participated in a global mediation on October 18, 2017, involving a number of similar claims involving allegedly defective toilet water supply lines. A settlement agreement in principle was reached at the mediation. However, due to number of matters and parties involved, the details of the settlement will take some time to finalize. Consequently, the Parties respectfully request that this Court abate this lawsuit and any pending motions and hearing thereupon, pending the global settlement details being finalized. WHEREFORE, PREMISES CONSIDERED, the Parties respectfully pray that the Court abate this lawsuit until such time as the settlement agreement is finalized and notice of the same is given to the Court, and for such other and further relief to which the Parties may be entitled, both in equity and at law. AGREED MOTION TO ABATE Page 1 Respectfully submitted, CARPENTER & SCHUMACHER, P.C. By: /s/ Craig M. Schumacher Craig M. Schumacher State Bar No. 00791622 cschumacher@cstriallaw.com N. Scott Carpenter State Bar No. 00790428 scarpenter@cstriallaw.com Parkway Centre IV 2701 North Dallas Parkway, Suite 570 Plano, Texas 75093 (972) 403-1133 Fax (972) 403-0311 ATTORNEYS FOR PLAINTIFF STATE FARM LLOYDS AS SUBROGEE OF JOSEPH AND MICHAEL BILLINGSLEY CERTIFICATE OF CONFERENCE The undersigned certifies that a conference was held with Defendants’ counsel of record on or before February 9, 2018 regarding the merits of the foregoing motion. Defendants and their counsel agree to the Motion. /s/ Craig M. Schumacher CRAIG M. SCHUMACHER AGREED MOTION TO ABATE Page 2 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the above and foregoing was served, in accordance with the Texas Rules of Civil Procedure, upon all counsel of record, on the 9th day of February, 2018 as follows: VIA E-SERVE VIA E-SERVE James A. Tatem, III C. Vernon Hartline, Jr. Germer, PLLC L Abigail Foreman Three Allen Center Drew Thomas 333 Clay Street, Suite 4950 Hartline Dacus Barger Dreyer, LLP Houston, Texas 77002 8750 N. Central Expwy., Ste. 1600 Counsel for Defendant Dallas, Texas 75231 Interline Brands, Inc. Counsel for Defendant Watts Regulator Co. /s/Craig M. Schumacher CRAIG M. SCHUMACHER AGREED MOTION TO ABATE Page 3