Preview
CAUSE NO. 2017
JUSTIN PANNELL IN THE DISTRICT COURT OF
CITY OF ROSENBERG, ROSENBERG
POLICE DEPARTMENT, DALLIS HARRIS COUNTY, TEXAS
WARREN, JEREMY EDER, FORT
BEND COUNTY, FORT BEND
COUNTY SHERRIFF’S OFFICE, JOSH
DALE, BRYAN BAKER, ROGER
ABSHIRE and USK9 UNLIMITED, JUDICIAL DISTRICT
INCORPORATED
DEFENDANT RESPONSE TO PLAINTIFF’S MOTION TO COMPEL
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW Defendants, ROGER ABSHIRE AND US K9 UNLIMITED,
INCORP hereinafter "Defendant " in the above styled and numbered cause, and files
Defendant Response to Plaintiff’s Motion to Compel and in support hereof would respectfully
show unto the Court the following:
1. BACKGROUND
Plaintiff filed suit on or about August 8, 2017 for defamation, slander and libel he
allegedly sustained as a result of being terminated by Co Defendants
Defendants, who are not resident of the state of Texas and reside and are based out of
the state of Louisiana, filed their Special Appearance and Original Answer on August 4, 2017.
At a hearing on November 17, 2017, the Court addressed Defendants Motion to Sustain
their Special Appearance, and Co Defendants’ Motion to Transfer Venue. The Court that
the Plaintiff coul engage in limited discovery only to address the jurisidictional issues raised in
Defendant’s Motion. The Court deferred on the Motion to Transfer Venue until the jurisdictional
issue could be addressed.
4. On December 1, 2017, Plaintiff served Defendants with discovery requests.
5. On January 4, 2018, Defendant provided discovery responses to Plaintiff, after Plaintiff
granted Defendant a one week extension to provide responses.
6. On February 19, 2018, a hearing to address the Defendants Motion to Sustain their
Special Appearance was set for April 27, 2018, and a notice of hearing served on all parties.
7. On April 19, 2018, Plaintiff filed his Motion to Compel better discovery responses.
2. ARGUMENT
8. Local Rule 3.3.6, governing the Extension of Certificates of Conference, requires that
certificates of conference be attached to all motions involving service of citation, pursuant to the
Texas Rules of Civil Procedure. Plaintiff’s Motion does not have a certificate of conference.
9. On November 17, 2017, the Court granted Plaintiff leave to send limited discovery
responses and to depose Defendant, exclusively regarding the jurisdictional issue raised in
Defendant’s Motion to Sustain their Special Appearance.
10. Plaintiff files his motion nearly three and a half months after receipt of discovery
responses, and eight days prior to the April 27, 2018 hearing set for the court to rule on
Defendant’s Special Appearance. The notice of hearing for the April 27, 2018 hearing was
served on all parties, two months prior, on February 19, 2018.
10. Defendant did not receive any correspondence and had no contact otherwise with
Plaintiff’s attorneys prior to Plaintiff’s Motion being filed. Plaintiff has had five months since the
November 17, 2017 hearing to depose the Plaintiff and nearly three and a half months to address
any alleged deficiencies with Defendant’s discovery responses.
11. Pursuant to Texas Rules of Civil Procedure 120a (2), Co-Defendant’s Motion to Transfer
Venue cannot be addressed until the Court rules on Defendant’s Special Appearance.
3. CONCLUSION AND PRAYER
WHEREFORE, PREMISES CONSIDERED, Defendants ROGER ABSHIRE AND US
K9 UNLIMITED, INCORPORATED respectfully request the Court deny Plaintiff’s Motion to
Compel, provide a ruling on Defendants’ Motions to Sustain their Special Appearance and
Motion to Sever; and that the Court grant such other and further relief, both general and special,
at law and in equity to which Defendant may be justly entitled.
Respectfully submitted,
LAW OFFICE OF LORI B. WIESE
_________________________________
BENEDICT J. HOFFMAN
Bar Number: 24100600
1 East Greenway Plaza, Suite 1050
Houston, Texas 77046
(713) 667-6767
(866) 364-3121 Facsimile
hoffb16@nationwide.com
ATTORNEY FOR DEFENDANTS
ROGER ABSHIRE and
USK9 UNLIMITED, INCORPORATED
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document has been served in
compliance with Rules 21 and 21a of the Texas Rules of Civil Procedure on the 25th day of
April, 2018.
Christopher A. Gabel
Brandon Roy
Gerard Joseph Gabel
Roy & Gabel, PLLC
3040 Post Oak Blvd., Suite 1020
Houston, Texas 77056
Counsel for Plaintiff
Ramon G. Viada, III
Viada & Strayer
17 Swallow Tail Court, Suite 100
The Woodlands, TX 77381
Counsel for Defendants
City of Rosenberg, Rosenberg Police Department,
Dallis Warren, The Rosenberg Police Chief and Jeremy Eder
Randall W. Morse
Roy L. Cordes, Jr.
301 Jackson St.
Richmond, TX 77469
Counsel for Defendants
Fort Bend County, Fort Bend County Sherriff’s Office,
Joshua Dale and Bryan Baker
_________________________________
Benedict J. Hoffman
Preview
CAUSE NO. 2017 JUSTIN PANNELL IN THE DISTRICT COURT OF CITY OF ROSENBERG, ROSENBERG POLICE DEPARTMENT, DALLIS HARRIS COUNTY, TEXAS WARREN, JEREMY EDER, FORT BEND COUNTY, FORT BEND COUNTY SHERRIFF’S OFFICE, JOSH DALE, BRYAN BAKER, ROGER ABSHIRE and USK9 UNLIMITED, JUDICIAL DISTRICT INCORPORATED DEFENDANT RESPONSE TO PLAINTIFF’S MOTION TO COMPEL TO THE HONORABLE JUDGE OF SAID COURT: COME NOW Defendants, ROGER ABSHIRE AND US K9 UNLIMITED, INCORP hereinafter "Defendant " in the above styled and numbered cause, and files Defendant Response to Plaintiff’s Motion to Compel and in support hereof would respectfully show unto the Court the following: 1. BACKGROUND Plaintiff filed suit on or about August 8, 2017 for defamation, slander and libel he allegedly sustained as a result of being terminated by Co Defendants Defendants, who are not resident of the state of Texas and reside and are based out of the state of Louisiana, filed their Special Appearance and Original Answer on August 4, 2017. At a hearing on November 17, 2017, the Court addressed Defendants Motion to Sustain their Special Appearance, and Co Defendants’ Motion to Transfer Venue. The Court that the Plaintiff coul engage in limited discovery only to address the jurisidictional issues raised in Defendant’s Motion. The Court deferred on the Motion to Transfer Venue until the jurisdictional issue could be addressed. 4. On December 1, 2017, Plaintiff served Defendants with discovery requests. 5. On January 4, 2018, Defendant provided discovery responses to Plaintiff, after Plaintiff granted Defendant a one week extension to provide responses. 6. On February 19, 2018, a hearing to address the Defendants Motion to Sustain their Special Appearance was set for April 27, 2018, and a notice of hearing served on all parties. 7. On April 19, 2018, Plaintiff filed his Motion to Compel better discovery responses. 2. ARGUMENT 8. Local Rule 3.3.6, governing the Extension of Certificates of Conference, requires that certificates of conference be attached to all motions involving service of citation, pursuant to the Texas Rules of Civil Procedure. Plaintiff’s Motion does not have a certificate of conference. 9. On November 17, 2017, the Court granted Plaintiff leave to send limited discovery responses and to depose Defendant, exclusively regarding the jurisdictional issue raised in Defendant’s Motion to Sustain their Special Appearance. 10. Plaintiff files his motion nearly three and a half months after receipt of discovery responses, and eight days prior to the April 27, 2018 hearing set for the court to rule on Defendant’s Special Appearance. The notice of hearing for the April 27, 2018 hearing was served on all parties, two months prior, on February 19, 2018. 10. Defendant did not receive any correspondence and had no contact otherwise with Plaintiff’s attorneys prior to Plaintiff’s Motion being filed. Plaintiff has had five months since the November 17, 2017 hearing to depose the Plaintiff and nearly three and a half months to address any alleged deficiencies with Defendant’s discovery responses. 11. Pursuant to Texas Rules of Civil Procedure 120a (2), Co-Defendant’s Motion to Transfer Venue cannot be addressed until the Court rules on Defendant’s Special Appearance. 3. CONCLUSION AND PRAYER WHEREFORE, PREMISES CONSIDERED, Defendants ROGER ABSHIRE AND US K9 UNLIMITED, INCORPORATED respectfully request the Court deny Plaintiff’s Motion to Compel, provide a ruling on Defendants’ Motions to Sustain their Special Appearance and Motion to Sever; and that the Court grant such other and further relief, both general and special, at law and in equity to which Defendant may be justly entitled. Respectfully submitted, LAW OFFICE OF LORI B. WIESE _________________________________ BENEDICT J. HOFFMAN Bar Number: 24100600 1 East Greenway Plaza, Suite 1050 Houston, Texas 77046 (713) 667-6767 (866) 364-3121 Facsimile hoffb16@nationwide.com ATTORNEY FOR DEFENDANTS ROGER ABSHIRE and USK9 UNLIMITED, INCORPORATED CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document has been served in compliance with Rules 21 and 21a of the Texas Rules of Civil Procedure on the 25th day of April, 2018. Christopher A. Gabel Brandon Roy Gerard Joseph Gabel Roy & Gabel, PLLC 3040 Post Oak Blvd., Suite 1020 Houston, Texas 77056 Counsel for Plaintiff Ramon G. Viada, III Viada & Strayer 17 Swallow Tail Court, Suite 100 The Woodlands, TX 77381 Counsel for Defendants City of Rosenberg, Rosenberg Police Department, Dallis Warren, The Rosenberg Police Chief and Jeremy Eder Randall W. Morse Roy L. Cordes, Jr. 301 Jackson St. Richmond, TX 77469 Counsel for Defendants Fort Bend County, Fort Bend County Sherriff’s Office, Joshua Dale and Bryan Baker _________________________________ Benedict J. Hoffman