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CAUSE NO. 2017-78329 MARCUS TYRONE IN THE DISTRICT COURT OF GORDON, Plaintiff HARRIS COUNTY, T E X A S VS. TH JUDICIAL DISTRICT OUIDA BROWN and TAMMY MICHELLE DAVIS Defendants AGREED MOTION FOR CONTINUANCE TO THE HONORABLE COURT: Plaintiff, MARCUS TYRONE GORDON (“Plaintiff”), and Defendant TAMMY MICHELLE DAVIS (“Defendant Davis”), jointly file this Agreed Motion for Continuance of the trial of this lawsuit and would show the Court the following: This is the first request for continuance by any party. Plaintiff MARCUS TYRONE GORDON (“Plaintiff”), filed suit against Defendants, for declaratory relief in suit to quiet title, as well as declaratory relief for adverse possession. Defendant Davis has filed an answer. The heirs of Defendant OUIDA BROWN (“Defendant Brown”), a deceased defendant, have been successfully served via publication, but no heirs have filed an answer. Trial is currently set for the two-week docket beginning September 6, 2021. This is the first trial setting. Plaintiff and Defendant Davis are discussing the terms of potential settlement. Plaintiff and Defendant Davis engaged in limited, informal discovery toward the end of settlement discussions. However, settlement discussions and communications between the parties were disrupted by the impact of COVID-19, dislocation of parties, and communication between the parties and their respective counsel. At this point, counsel for Plaintiff and Defendant Davis are Agreed Motion for Continuanc Page 1 ClarkHill\J2156\393275\263976749.v1-9/3/21 confident that the settlement discussions can reach a resolution. Plaintiff and Defendant Davis therefore need more time to finalize this possibility of non-judicial resolution. 5. Regarding Defendant Brown, Plaintiff intends to file another motion for appointment of an attorney ad litem. Plaintiff’s prior motions in this regard were denied due to issues with service by publication, but Plaintiff has resolved those issues with successful service by publication on the heirs of Defendant Brown. 6. Given the foregoing needs, the only parties to have entered an appearance in this matter—Plaintiff and Defendant Davis—have agreed to a continuance of this matter. Thus, Plaintiff and Defendant Davis jointly ask the Court to grant this Agreed Motion for Continuance to allow for an additional opportunity to resolve the dispute between them, and to move for appointment of an attorney ad litem. 7. This continuance is not sought for delay but so that justice may be done. PRAYER For these reasons, Plaintiff and Defendant Davis pray that the Court continue the trial date in this case for at least ninety (90) days. Respectfully submitted, CLARK HILL STRASBURGER /s/ Trevor A. Hall TREVOR A. HALL State Bar No. 24078617 THall@clarkhill.com 909 Fannin Street, Suite 2300 Houston, Texas 77010 (713) 951-5600 Telephone (713) 951-5660 Facsimile ATTORNEY FOR PLAINTIFF, MARCUS TYRONE GORDON Agreed Motion for Continuanc Page 2 ClarkHill\J2156\393275\263976749.v1-9/3/21 AND - /s/ Anthony A. Shepherd (signed with permission) ANTHONY A. SHEPHERD State Bar No. 00786239 3807 Bellfort Suite 2102 Houston, TX 77051 AttorneyShepherd@gmail.com ATTORNEYS FOR DEFENDANT, TAMMY MICHELLE DAVIS CERTIFICATE OF CONFERENCE Counsel for Plaintiff has conferred with counsel for Defendant Davis in good faith regarding the matters outlined in this Motion. Defendant Davis is agreed to this Motion. /s/ Trevor A. Hall TREVOR A. HALL CERTIFICATE OF SERVICE I hereby certify that on this 3rd day of September, 2021, a true and correct copy of the foregoing document was served upon all known counsel of record in accordance with TRCP 21 and 21a. /s/ Trevor A. Hall TREVOR A. HALL Agreed Motion for Continuanc Page 3 ClarkHill\J2156\393275\263976749.v1-9/3/21