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CAUSE NO. 2018-36443
ROBERT PETERSON IN THE DISTRICT COURT OF
HARRIS COUNTY, TEXAS
INTERPUMP GROUP SPA,
GENERAL PUMP COMPANY, LLC,
OILNEX, LLC, NEXOIL, LLC, AND
DCS CONSULTING, INC. JUDICIAL DISTRICT COURT
MOTION FOR CONTINUANCE
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES Defendant, GENERAL PUMP COMPANY, LLC, and files this
Motion for Continuance and, in support thereof, would respectfully show unto this
Honorable Court the following:
I.
The above referenced matter is set for trial on Monday, November 11, 2019.
Defendants seek this continuance on the basis that discovery is incomplete. The
accident made the basis of this lawsuit occurred on February 25, 2018 and, although the
Plaintiff filed suit on May 31, 2018, discovery remains incomplete. Specifically, depositions
of the Defendants and the eyewitnesses, still need to be completed.
The upcoming trial date is premature given the current state of discovery. This case
requires another eight months of pre-trial discovery. Thus, said postponement is
respectfully requested.
IV.
This Motion is not made for purposes of delay, but only so that justice may be done.
WHEREFORE, PREMISES CONSIDERED, Defendant, GENERAL PUMP
COMPANY, LLC, prays that this case be Continued from its present trialsetting on this
Court's docket of November 11, 2019 and reset on the January 20, 2020 docket, and enter
the new docket control order attached hereto.
Respectfully submitted,
JOHANSON & FAIRLESS, L.L.P.
By: /s/ Timothy J. Nisbet________________
RANDY L. FAIRLESS, #06788500
TIMOTHY J. NISBET, #24070334
1456 First Colony Blvd.
Sugar Land, Texas 77479
(281) 313-5000
Fax: (281) 340-5100
rfairless@jandflaw.com
tnisbet@jandflaw.com
ATTORNEYS FOR DEFENDANT,
GENERAL PUMP, INC.
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CERTIFICATE OF SERVICE
I, TIMOTHY J. NISBET, do hereby certify that a true and correct copy of the above
and foregoing instrument has been forwarded to the following attorneys of record by either
mailing same by certified mail (return receipt requested), by e-service, by facsimile, and/or
by hand-delivery, on this 18th day of October, 2019:
Jason A. Itkin John K. (Ken) Woodard
Cory D. Itkin Bush & Ramirez, PLLC
Ryan S. MacLeod 5615 Kirby Drive, Suite 900
Jacob Karam Houston, Texas 77005
Arnold & Itkin LLP Kwoodard.atty@bushramirez.com
6009 Memorial Drive
Houston, Texas 77007
jkaram@ArnoldItkin.com
JAITeam@ArnoldItkin.com
/s/ Timothy J. Nisbet________________
TIMOTHY J. NISBET
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CAUSE NO. 2018-36443 ROBERT PETERSON IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS INTERPUMP GROUP SPA, GENERAL PUMP COMPANY, LLC, OILNEX, LLC, NEXOIL, LLC, AND DCS CONSULTING, INC. JUDICIAL DISTRICT COURT MOTION FOR CONTINUANCE TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES Defendant, GENERAL PUMP COMPANY, LLC, and files this Motion for Continuance and, in support thereof, would respectfully show unto this Honorable Court the following: I. The above referenced matter is set for trial on Monday, November 11, 2019. Defendants seek this continuance on the basis that discovery is incomplete. The accident made the basis of this lawsuit occurred on February 25, 2018 and, although the Plaintiff filed suit on May 31, 2018, discovery remains incomplete. Specifically, depositions of the Defendants and the eyewitnesses, still need to be completed. The upcoming trial date is premature given the current state of discovery. This case requires another eight months of pre-trial discovery. Thus, said postponement is respectfully requested. IV. This Motion is not made for purposes of delay, but only so that justice may be done. WHEREFORE, PREMISES CONSIDERED, Defendant, GENERAL PUMP COMPANY, LLC, prays that this case be Continued from its present trialsetting on this Court's docket of November 11, 2019 and reset on the January 20, 2020 docket, and enter the new docket control order attached hereto. Respectfully submitted, JOHANSON & FAIRLESS, L.L.P. By: /s/ Timothy J. Nisbet________________ RANDY L. FAIRLESS, #06788500 TIMOTHY J. NISBET, #24070334 1456 First Colony Blvd. Sugar Land, Texas 77479 (281) 313-5000 Fax: (281) 340-5100 rfairless@jandflaw.com tnisbet@jandflaw.com ATTORNEYS FOR DEFENDANT, GENERAL PUMP, INC. 2 CERTIFICATE OF SERVICE I, TIMOTHY J. NISBET, do hereby certify that a true and correct copy of the above and foregoing instrument has been forwarded to the following attorneys of record by either mailing same by certified mail (return receipt requested), by e-service, by facsimile, and/or by hand-delivery, on this 18th day of October, 2019: Jason A. Itkin John K. (Ken) Woodard Cory D. Itkin Bush & Ramirez, PLLC Ryan S. MacLeod 5615 Kirby Drive, Suite 900 Jacob Karam Houston, Texas 77005 Arnold & Itkin LLP Kwoodard.atty@bushramirez.com 6009 Memorial Drive Houston, Texas 77007 jkaram@ArnoldItkin.com JAITeam@ArnoldItkin.com /s/ Timothy J. Nisbet________________ TIMOTHY J. NISBET 3