On July 09, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Hernandez, Edith,
and
Mason, Betty Jean,
Mason, Freddie, Jr,
for MOTOR VEHICLE ACCIDENT
in the District Court of Dallas County.
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FILED
3/11/2021 2:41PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Rhonda Burks DEPUTY
CAUSE NO. DC-20-09392
EDITH HERNANDEZ § IN THE DISTRICT COURT
Plaintiff, g
VS. g 134m JUDICIAL DISTRICT
FREDDIE MASON, JR. g
Defendant. g DALLAS COUNTY, TEXAS
PLAINTIFF’S MOTION TO RETAIN
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, EDITH HERNANDEZ, (“Plaintiff”), in the above-styled action and les
this Plaintiff’s Motion to Retain and in support thereof, would respectfully show this Court the
following:
l. Plaintiff instituted this matter with the ling of her Original Petition and Request for
Disclosure on July 9, 2020. This matter arises from a motor vehicle collision which occurred on
October 10, 2019.
2. Plaintiffwould show that she has been diligently attempting to serve Defendant Freddie
Mason, Jr. (“Defendant”). Plaintiff’s process server previously located multiple different addresses
for Defendant, however, all addresses for Defendant were found to be incorrect addresses.
3. Plaintiff’s requested an Order allowing for substituted service on Defendant via the
newly created Public Information Internet Website pursuant to Rule 116 and 117. Plaintiffs request
was granted on January 29, 2021.
4. Plaintiff submitted the forms and fees for Citation by Publishing and Posting on March
3, 2021 and March 4, 2021.
PLAINTIFF’S MOTION TO RETAIN Page l
5. Plaintiff respectfully requests an extension of this dismissal hearing to allow for the
publishing of the citation in the paper and to allow the ofcials in charge of the newly created Public
Information Internet Website time to post the citation.
PRAYER
Wherefore, Plaintiff requests that this Honorable Court retain this case on the Court’s docket
and allow Plaintiff additional time for the citation to be posted the correct amount of time in the paper
and for the ofcials in charge of the newly created Public Information Internet Website time to post
the citation. In the alternative, Plaintiff requests that the Court set an oral hearing and allow Plaintiff
to present evidence before dismissing this case for want ofprosecution. Plaintiff further requests such
other and further relief to which she may show herself to be justly entitled.
Respectfully submitted,
DOUGLAS LAW FIRM, PLLC
/s/Eric Douglas
ERIC DOUGLAS
Texas Bar No. 24097620
P.O. Box 632271
Irving, TX 75063
Phone:2 14.301 .0336
Fax: 214.245.5910
E-Mail: eric@lawdouglas.com
ATTORNEY FOR PLAINTIFF
PLAINTIFF’S MOTION TO RETAIN Page 2
CERTIFICATE 0F SERVICE
Ihereby certify that no parties to this suit have been served with process at this time or entered
an appearance in this matter thus this document will not be served upon Defendant at this time.
/s/Eric Douglas
ERIC DOUGLAS
PLAINTIFF’S MOTION TO RETAIN Page 3
Document Filed Date
March 11, 2021
Case Filing Date
July 09, 2020
Category
MOTOR VEHICLE ACCIDENT
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FILED 3/11/2021 2:41PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Rhonda Burks DEPUTY CAUSE NO. DC-20-09392 EDITH HERNANDEZ § IN THE DISTRICT COURT Plaintiff, g VS. g 134m JUDICIAL DISTRICT FREDDIE MASON, JR. g Defendant. g DALLAS COUNTY, TEXAS PLAINTIFF’S MOTION TO RETAIN TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, EDITH HERNANDEZ, (“Plaintiff”), in the above-styled action and les this Plaintiff’s Motion to Retain and in support thereof, would respectfully show this Court the following: l. Plaintiff instituted this matter with the ling of her Original Petition and Request for Disclosure on July 9, 2020. This matter arises from a motor vehicle collision which occurred on October 10, 2019. 2. Plaintiffwould show that she has been diligently attempting to serve Defendant Freddie Mason, Jr. (“Defendant”). Plaintiff’s process server previously located multiple different addresses for Defendant, however, all addresses for Defendant were found to be incorrect addresses. 3. Plaintiff’s requested an Order allowing for substituted service on Defendant via the newly created Public Information Internet Website pursuant to Rule 116 and 117. Plaintiffs request was granted on January 29, 2021. 4. Plaintiff submitted the forms and fees for Citation by Publishing and Posting on March 3, 2021 and March 4, 2021. PLAINTIFF’S MOTION TO RETAIN Page l 5. Plaintiff respectfully requests an extension of this dismissal hearing to allow for the publishing of the citation in the paper and to allow the ofcials in charge of the newly created Public Information Internet Website time to post the citation. PRAYER Wherefore, Plaintiff requests that this Honorable Court retain this case on the Court’s docket and allow Plaintiff additional time for the citation to be posted the correct amount of time in the paper and for the ofcials in charge of the newly created Public Information Internet Website time to post the citation. In the alternative, Plaintiff requests that the Court set an oral hearing and allow Plaintiff to present evidence before dismissing this case for want ofprosecution. Plaintiff further requests such other and further relief to which she may show herself to be justly entitled. Respectfully submitted, DOUGLAS LAW FIRM, PLLC /s/Eric Douglas ERIC DOUGLAS Texas Bar No. 24097620 P.O. Box 632271 Irving, TX 75063 Phone:2 14.301 .0336 Fax: 214.245.5910 E-Mail: eric@lawdouglas.com ATTORNEY FOR PLAINTIFF PLAINTIFF’S MOTION TO RETAIN Page 2 CERTIFICATE 0F SERVICE Ihereby certify that no parties to this suit have been served with process at this time or entered an appearance in this matter thus this document will not be served upon Defendant at this time. /s/Eric Douglas ERIC DOUGLAS PLAINTIFF’S MOTION TO RETAIN Page 3