Request,Application: MICROCHECK SYSTEMS INC (TEXAS CORPORATION) vs. ZIGROSSI & MURPHY L L C (TEXAS CORPORATION) (IND A

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12/19/2887 12:08 2819701F"4 LAW OFFICES PAGE 05/16

Cause No. 2004-59790
MICROCHECK SYSTEMS, INC. ‘ IN THE DIsTRAP ADR cpp Dr
AND EDUCATED SYSTEMS rosa CHENG
& SOLUTIONS, INC. Theremat Clerk 0
Plaintiffs 19 mut \o7 14-
Vs. DEC
MURPHY, nannis counAae
ZIGROSSI & LLC. Cae) NT TEXAS ——
EDUCATED SOLUTIONS, ta
FROST BANK, TEXAS, )
CHRIS ZIGROSSI, SCOTT MURPHY, Sy
MIKE SMITH, JIM HAYDEN, :

ALEX CAMPBELL, and 1002 6T 33d

. ” Defendants ' 125™ JUDICIAL HARB,

DEFENDANT, SCOTT MURPHY’S SECOND APPLICATION FOR LEAVE
TO AMEND SCOTT MURPHY’S ANSWER BEYOND THE DOCKET CONTROL

 

 

TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES, SCOTT MURPHY, (hereinafter referred to as “Murphy”) one of the

Defendants in the referenced and titled cause, and files this his Motion for Application for Leave to
file a Second Amended Answer beyond the docket contro! cut-off and in support of same would

respectfully show the Court the following:

1. The Court recently held a Summary Judgment hearing on December 3, 2007.

2. Subject to that hearing, the Court has granted an Interlocutory Order granting
Summary Judgment against Scott Murphy and also granting Partial Summary
Judgment denying certain affirmative defenses alleged on behalf of Scott Murphy,

3. As a result of the Court’s ruling and the rapid pace of change in this suit, Scott
Murphy has new affirmative defenses that were specifically given rise to by the
Court's ruling on December 3, 2007.

4, The truth of the matter is that at this point Scott Murphy js unclear as to whether this

case is operating under a docket control order which would act to limit this amended

1 : EMORANDUM
4 Ps phthe time of
~12/19/2087 12:08 281970154 LAW OFFICES PAGE 6/16

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answer or not. Scott Murphy therefore files this application for leave out of an
abundance of caution.

5. Further, this amended pleading is permissible pursuant to Rule 63 of the Texas
Rules of Civil Procedure, as this case is currently on the Trial Docket for January
14, 2008, will not present any surprise to Plaintiffs, and would serve in equity and

justice.

WHEREFORE, PREMISES CONSIDERED, Defendant, Scott Murphy prays that this
Application for Leave be granted and that he be allowed to file his Second Amended Original
Answer.

hy
4

. Respectfully submitted,

ee
.

J. Reid Perry, Attorney at Law
12850 Jones Road #201
Houston, TX 77070

Tel: (281) 970-417512/19/2087 12:88 2819701 LAW OFFICES PAGE 87/16

CERTIFICATE OF CONFERENCE

Thave been unsuccessful in my attempt to contact the Plaintiffs attorneys regarding this
Motion for Application for Leave to Amend Scott Murphy’s Second Amended Answer
Beyond the Docket Control Cut-Off.

I have been successful in my attempt to contact Defendant Mike Smith’s attorney
regarding this Motion for Application for Leave to Amend Scott Murphy’s Second
Amended Answer Beyond the Docket Control Cut-Off, and he is not opposed.

Thave been successful in my attempt to contact Defendant MiChoice’s attorney regarding
this Motion for Application for Leave to Amend Scott Murphy’s Second Amended Answer
Beyond the Docket Control Cut-Off, and he is not opposed. _-12/19/2887 12:88 2813701 mq LAW OFFICES PAGE 28/16

CER’ CATE OF SE)
I hereby certify that a true and correct copy of Defendant, Scott Murphy’s, MOTION FOR
APPLICATION FOR LEAVE TO AMEND SCOTT MURPHY’S SECOND ANSWER BEYOND
THE DOCKET CONTROL CUT-OFF has been forwarded to all Counsel of Record, by fax and
first class mail on December 5A 2007.

a

Copy to:

Christopher D, DeMeo
State Bar No. 00796456
2500 Two Houston Center

Fannin
Houston, Texas 77010
713-951-1000
713-951-1199 — fax

Murphy, Ii
igs Wehee Road #201

Houston, Texas 77070
281-807-4400
281-970-1664 — fax

David Petersen
8303 SW Freeway #810

713-779-8648 - faxsome
-12/19/2007 12:88 | 2849781 5m LAW OFFICES
' “o¢
1

J. REID PERRY

Attomey at Law
12850 Jones Road, Suite 201
Houston, Texas 77070

www Jreidperrylaw.com

December 19, 2007

Ms. Theresa Chang

Harris County District Clerk
1115 Congress

Houston, Texas 77002

Re: Cause No. 2004-59790; Microcheck Systems, Inc. and Educated
Inc. vs. Zigre:
County, Texas

Dear Ms. Chang:

Please file the enclosed:

1) Notice of Submission
2)

Murphy’s Answer Beyond the Docket Control Cut-Off
3) Order
4) Defendant, Scott Murphy’s Second Amended Original Answer
Please file and retum a file stamped copy to me.

Thank you for your prompt attention to this matter.
Very truly yo

J. Reid P
IJRP:lr
Enclosure

cc: Chuistopher D, DeMeo: Via fax 713-951-1199
ce: ; Via hand
ce: Devid P. Petersen, Via fax 713-775-8648

Defendant, Scott Murphy’s Second Application for Leave to Amend

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Telephone: 231-970-4175
Fax: 281-970-1664

ireldperrviaw@sbeslobal net

ssi & Murphy, LLC, et al; In the 125th Judicial District Court of Harris

PAGE 82/16

DEPUTY

BY.