On December 02, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
Smith, Terry,
and
Acceptance Indemnity Insurance Company,
for INSURANCE
in the District Court of Dallas County.
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FILED
5/24/2021 7:22 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Treva Parker-Ayodele DEPUTY
CAUSE NO. DC-l 9- 191 70
TERRY SMITH, § IN THE DISTRICT COURT OF
§
Plaintiff, §
§
V. §
§
§ DALLAS COUNTY, TEXAS
ACCEPTANCE INDEMNITY §
INSURANCE COMPANY, §
§
Defendant. §
§
§ 192ND JUDICIAL DISTRICT
JOINT MOTION TO EXCEED PAGE LIMIT
Defendant Acceptance Indemnity Insurance Company (“AIIC” or “Defendant”) and
Plaintiff Terry Smith (“Plaintiff ’) (collectively “the Parties”) submit the following Joint Motion
to Exceed Page Limit, and respectfully state as follows:
1. On May 11, 2021, Defendant filed its Motion to Compel Appraisal and Motion to
Abate Litigation Pending Appraisal (the “Motion”).
2. On May 14, 2021, Defendant filed its Notice of Hearing, setting the hearing for
May 25, 2021 at 9:30 a.m.
3. On May 20, 2021, Plaintiff Terry Smith (“Plaintiff”) filed his Response in
Opposition to Defendant’s Motion to Compel Appraisal and Motion to Abate Litigation Pending
Appraisal (the “Response”).
4. In accordance with the General Order of the Civil District Courts of the State of
Texas Sitting in Dallas County, each party is limited to a twenty-five page appendix.
5. In support of its Motion to Compel Appraisal, Defendant relies on specific language
in the insurance policy issued by AIIC to Plaintiff (the “AIIC policy”), and attaches a complete
copy of the AIIC policy, exceeding the twenty-five page limit.
JOINT MOTION T0 EXCEED PAGE LIMIT Page 1
6. In support of its Response, Plaintiff relies on several pieces of correspondence with
Defendant, as well as Defendant’s adjustment expert’s report, which requires exceeding the
Court’s page limit.
7. The Motion raises issues which may have immediate impact on the trajectory of
this case in this Court. Thus, the Parties respectfully request leave to file an appendix in support
of the Motion and Response exceeding the twenty-five page limit. The Parties respectfully ask the
Court to consider the Motion and Response as previously filed.
8. Further, if the Motion to Exceed Page Limit is granted, the Parties intend to file a
new Notice of Hearing with the Court.
PRAYER
Defendant Acceptance Indemnity Insurance Company and Plaintiff Terry Smith
respectfully ask the Court to grant this Motion to Exceed Page Limit and permit Defendant’s
Motion to Compel Appraisal and Motion to Abate Litigation Pending Appraisal and Plaintiff‘ s
Response in Opposition to Defendant’s Motion to Compel Appraisal and Motion to Abate
Litigation Pending Appraisal to remain entered as filed.
Respectfully submitted,
ZELLE LLP
By: /s/ Jennifer L. Gibbs
Jennifer L. Gibbs
Texas Bar No. 24050656
j gibbs@zelle.com
Bennett A. Moss
Texas Bar No. 24099137
bmoss@zelle.com
JOINT MOTION T0 EXCEED PAGE LIMIT Page 2
901 Main Street, Suite 4000
Dallas, Texas 75202-3975
Telephone: 214-742-3000
Facsimile: 214-760-8994
ATTORNEYS FOR DEFENDANT
and
By: /s/ HunterM. Klein
Hunter M. Klein
State Bar No.: 24082117
klein@greentriallaw.com
Robert D. Green
State Bar No.: 08368025
green@greentriallaw.com
440 Louisiana St., Suite 1900
Houston, Texas 77002
Telephone: 713-654-9222
Facsimile: 713-654-5215
ATTORNEYS FOR PLAINTIFF
JOINT MOTION TO EXCEED PAGE LIMIT Page 3
CERTIFICATE OF SERVICE
A true and correct copy of the foregoing has been served on the following counsel of record
in accordance with the TEXAS RULES 0F CIVIL PROCEDURE on this 24th day of May, 2021:
Hunter M. Klein
State Bar No.: 240821 17
klein@ greentriallawcom
Robert D. Green
State Bar No.: 08368025
green@greentriallaw.com
440 Louisiana St., Suite 1900
Houston, Texas 77002
Telephone: 713-654-9222
Facsimile: 713-654-5215
Attorneys for Plaintiff
/s/ Jennifer L. Gibbs
Jennifer L. Gibbs
JOINT MOTION T0 EXCEED PAGE LIMIT Page 4
4818-5924-6669v1
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Jennifer Gibbs on behalf of Jennifer Gibbs
Bar No. 24050656
jgibbs@zelle.com
Envelope ID: 53762654
Status as of 5/26/2021 9:51 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Jennifer LGibbs jgibbs@zelle.com 5/24/2021 7:22:24 PM SENT
Bennett Moss bmoss@ze||e.com 5/24/2021 7:22:24 PM SENT
Erika Rodriguez erodriguez@zelle.com 5/24/2021 7:22:24 PM SENT
Brynne Manoy bmanoy@zelle.com 5/24/2021 7:22:24 PM SENT
Associated Case Party: TERRY SMITH
Name BarNumber Email TimestampSubmitted Status
Robert DGreen green@greentriallaw.com 5/24/2021 7:22:24 PM SENT
Delaram Falsafi faIsafi@greentriallaw.com 5/24/2021 7:22:24 PM SENT
Andrea Galvan agalvan@greentriallaw.com 5/24/2021 7:22:24 PM SENT
Hunter Klein klein@greentriallaw.com 5/24/2021 7:22:24 PM SENT
Sofia Straus straus@greentriallaw.com 5/24/2021 7:22:24 PM SENT
Samantha Galindo galindo@greentriallaw.com 5/24/2021 7:22:24 PM SENT
Document Filed Date
May 24, 2021
Case Filing Date
December 02, 2019
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FILED 5/24/2021 7:22 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Treva Parker-Ayodele DEPUTY CAUSE NO. DC-l 9- 191 70 TERRY SMITH, § IN THE DISTRICT COURT OF § Plaintiff, § § V. § § § DALLAS COUNTY, TEXAS ACCEPTANCE INDEMNITY § INSURANCE COMPANY, § § Defendant. § § § 192ND JUDICIAL DISTRICT JOINT MOTION TO EXCEED PAGE LIMIT Defendant Acceptance Indemnity Insurance Company (“AIIC” or “Defendant”) and Plaintiff Terry Smith (“Plaintiff ’) (collectively “the Parties”) submit the following Joint Motion to Exceed Page Limit, and respectfully state as follows: 1. On May 11, 2021, Defendant filed its Motion to Compel Appraisal and Motion to Abate Litigation Pending Appraisal (the “Motion”). 2. On May 14, 2021, Defendant filed its Notice of Hearing, setting the hearing for May 25, 2021 at 9:30 a.m. 3. On May 20, 2021, Plaintiff Terry Smith (“Plaintiff”) filed his Response in Opposition to Defendant’s Motion to Compel Appraisal and Motion to Abate Litigation Pending Appraisal (the “Response”). 4. In accordance with the General Order of the Civil District Courts of the State of Texas Sitting in Dallas County, each party is limited to a twenty-five page appendix. 5. In support of its Motion to Compel Appraisal, Defendant relies on specific language in the insurance policy issued by AIIC to Plaintiff (the “AIIC policy”), and attaches a complete copy of the AIIC policy, exceeding the twenty-five page limit. JOINT MOTION T0 EXCEED PAGE LIMIT Page 1 6. In support of its Response, Plaintiff relies on several pieces of correspondence with Defendant, as well as Defendant’s adjustment expert’s report, which requires exceeding the Court’s page limit. 7. The Motion raises issues which may have immediate impact on the trajectory of this case in this Court. Thus, the Parties respectfully request leave to file an appendix in support of the Motion and Response exceeding the twenty-five page limit. The Parties respectfully ask the Court to consider the Motion and Response as previously filed. 8. Further, if the Motion to Exceed Page Limit is granted, the Parties intend to file a new Notice of Hearing with the Court. PRAYER Defendant Acceptance Indemnity Insurance Company and Plaintiff Terry Smith respectfully ask the Court to grant this Motion to Exceed Page Limit and permit Defendant’s Motion to Compel Appraisal and Motion to Abate Litigation Pending Appraisal and Plaintiff‘ s Response in Opposition to Defendant’s Motion to Compel Appraisal and Motion to Abate Litigation Pending Appraisal to remain entered as filed. Respectfully submitted, ZELLE LLP By: /s/ Jennifer L. Gibbs Jennifer L. Gibbs Texas Bar No. 24050656 j gibbs@zelle.com Bennett A. Moss Texas Bar No. 24099137 bmoss@zelle.com JOINT MOTION T0 EXCEED PAGE LIMIT Page 2 901 Main Street, Suite 4000 Dallas, Texas 75202-3975 Telephone: 214-742-3000 Facsimile: 214-760-8994 ATTORNEYS FOR DEFENDANT and By: /s/ HunterM. Klein Hunter M. Klein State Bar No.: 24082117 klein@greentriallaw.com Robert D. Green State Bar No.: 08368025 green@greentriallaw.com 440 Louisiana St., Suite 1900 Houston, Texas 77002 Telephone: 713-654-9222 Facsimile: 713-654-5215 ATTORNEYS FOR PLAINTIFF JOINT MOTION TO EXCEED PAGE LIMIT Page 3 CERTIFICATE OF SERVICE A true and correct copy of the foregoing has been served on the following counsel of record in accordance with the TEXAS RULES 0F CIVIL PROCEDURE on this 24th day of May, 2021: Hunter M. Klein State Bar No.: 240821 17 klein@ greentriallawcom Robert D. Green State Bar No.: 08368025 green@greentriallaw.com 440 Louisiana St., Suite 1900 Houston, Texas 77002 Telephone: 713-654-9222 Facsimile: 713-654-5215 Attorneys for Plaintiff /s/ Jennifer L. Gibbs Jennifer L. Gibbs JOINT MOTION T0 EXCEED PAGE LIMIT Page 4 4818-5924-6669v1 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Jennifer Gibbs on behalf of Jennifer Gibbs Bar No. 24050656 jgibbs@zelle.com Envelope ID: 53762654 Status as of 5/26/2021 9:51 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Jennifer LGibbs jgibbs@zelle.com 5/24/2021 7:22:24 PM SENT Bennett Moss bmoss@ze||e.com 5/24/2021 7:22:24 PM SENT Erika Rodriguez erodriguez@zelle.com 5/24/2021 7:22:24 PM SENT Brynne Manoy bmanoy@zelle.com 5/24/2021 7:22:24 PM SENT Associated Case Party: TERRY SMITH Name BarNumber Email TimestampSubmitted Status Robert DGreen green@greentriallaw.com 5/24/2021 7:22:24 PM SENT Delaram Falsafi faIsafi@greentriallaw.com 5/24/2021 7:22:24 PM SENT Andrea Galvan agalvan@greentriallaw.com 5/24/2021 7:22:24 PM SENT Hunter Klein klein@greentriallaw.com 5/24/2021 7:22:24 PM SENT Sofia Straus straus@greentriallaw.com 5/24/2021 7:22:24 PM SENT Samantha Galindo galindo@greentriallaw.com 5/24/2021 7:22:24 PM SENT