On December 18, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Del Bosque, Eduardo,
and
Barbosa, Juan,
for OTHER (CIVIL)
in the District Court of Dallas County.
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FILED
8/19/2021 9:06 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Kevin Molden DEPUTY
CAUSE NO. DC-18-18847
EDUARDO DEL BOSQUE § IN THE DISTRICT COURT OF
§
§
Plaintifl, §
§ DALLAS COUNTY, TEXAS
v. §
§
JUAN BARBOSA, §
§
Defendant. § 192ND JUDICIAL DISTRICT
JOINT VERIFIED MOTION TO REINSTATE
TO THE HONORABLE COURT:
Plaintiff Eduardo Del Bosque and Defendant Juan Barbosa file this Joint Motion to Retain
Pursuant to Tex. R. Civ. P. 165a(3) as follows:
On August 4, 2021, the Court entered an order dismissing this matter without prejudice
for want of prosecution. At all times counsel for Plaintiff and Defendant have been in
collaborative contact regarding the prosecution of this matter. And both parties agree that due to
the following circumstances this matter should be reinstated:
1. The dismissal is without prejudice.
2. This Motion is submitted within 30 days after the order of dismissal was signed as
required by Tex. R. Civ. P. 165a(3).
3. Counsel for parties have at all times been in active discussion about the trial setting
and for the following reasons both parties reasonably concluded that the matter would
not be called:
a. At the time, there were approximately 40 other matters on the Court’s trial
docket. The parties agreed based on their cumulative experience that the
JOINT VERIFIED MOTION TO REINSTATE PAGE 1
matter would not be called; and
b. The foregoing was reason appeared particularly reasonably in light of fast-
moving developments due to the outbreak of the COVID-19 Delta Variant.
4. At all times, counsel for the parties have been working in a collaborative manner.
5. This case has confronted particular difficulties. In addition to the delays and
uncertainties caused by COVID, Defendant was incarcerated until recently, following
which he was subject to a mandatory order of deportation. Coordinating this case in
light of those circumstances has been challenging.
6. Fortunately, Defendant’s new counsel has worked diligently to right-track this matter
and the parties have worked amicably and cooperatively since that time.
The parties respectfully submit that the failure of the parties to appear ”was due to an accident
or mistake” or other ”failure” that the parties respectfully submit ”has been otherwise reasonably
explained.” Tex. R. Civ. P. 165a(3).
Accordingly, the parties respectfully request that the Court reinstate this matter,
Jointly submitted,
Gregory A. Brassfleld David O’Dens
Gregory A. Brassfield David M. O’Dens
Bar No. 24079900 Bar No. 15198100
gbrassfield@lynnllp.com odens@settlepou.com
Lynn Pinker Hurst 8c Schwegmann LLP SettlePou
2100 Ross Avenue 3333 Lee Parkway
Suite 2700 Eighth Floor
Dallas, Texas 75201 Dallas, Texas 75219
214-981-3800 214-520-3300
JOINT VERIFIED MOTION TO REINSTATE PAGE 2
VERIFICATION
Pursuant to Tex. R. CiV. P. 165a(3) the undersigned verify that the foregoing is true and
correct.
Gre 0 A. Brass eld David O’Dens
Gregory A. Brassfield David M. O’Dens
Bar No. 24079900 Bar No. 15198100
gbrassfield@lvnnllp.com odens@settlepou.com
Lynn Pinker Hurst 8: Schwegmann LLP SettlePou
2100 Ross Avenue 3333 Lee Parkway
Suite 2700 Eighth Floor
Dallas, Texas 75201 Dallas, Texas 75219
214-981-3800 214-520-3300
JOINT VERIFIED MOTION TO REINSTATE PAGE 3
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.
Envelope ID: 56456756
Status as of 8/20/2021 8:51 AM CST
Associated Case Party: EDUARDO DEL BOSQUE
Name BarNumber Email TimestampSubmitted Status
Gregory Brassfield gbrassfield@lynnllp.com 8/19/2021 10:39:55 AM SENT
Christopher W.Patton cpatton@lynnllp.com 8/19/2021 10:39:55 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
David M.O'Dens odens@settlepou.com 8/19/2021 10:39:55 AM SENT
April Sandefur asandefur@lynnllp.com 8/19/2021 10:39:55 AM SENT
Jordan Whiddon jwhiddon@tailimsong.com 8/19/2021 10:39:55 AM SENT
Yuliana Ramirez yuliana@tailimsong.com 8/19/2021 10:39:55 AM SENT
Daniel Polese 24102364 dpolese@lynnllp.com 8/19/2021 10:39:55 AM SENT
Tailim Song tsong@tailimsong.com 8/19/2021 10:39:55 AM SENT
Pam Oakley poakley@lynnllp.com 8/19/2021 10:39:55 AM SENT
Document Filed Date
August 19, 2021
Case Filing Date
December 18, 2018
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FILED 8/19/2021 9:06 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Kevin Molden DEPUTY CAUSE NO. DC-18-18847 EDUARDO DEL BOSQUE § IN THE DISTRICT COURT OF § § Plaintifl, § § DALLAS COUNTY, TEXAS v. § § JUAN BARBOSA, § § Defendant. § 192ND JUDICIAL DISTRICT JOINT VERIFIED MOTION TO REINSTATE TO THE HONORABLE COURT: Plaintiff Eduardo Del Bosque and Defendant Juan Barbosa file this Joint Motion to Retain Pursuant to Tex. R. Civ. P. 165a(3) as follows: On August 4, 2021, the Court entered an order dismissing this matter without prejudice for want of prosecution. At all times counsel for Plaintiff and Defendant have been in collaborative contact regarding the prosecution of this matter. And both parties agree that due to the following circumstances this matter should be reinstated: 1. The dismissal is without prejudice. 2. This Motion is submitted within 30 days after the order of dismissal was signed as required by Tex. R. Civ. P. 165a(3). 3. Counsel for parties have at all times been in active discussion about the trial setting and for the following reasons both parties reasonably concluded that the matter would not be called: a. At the time, there were approximately 40 other matters on the Court’s trial docket. The parties agreed based on their cumulative experience that the JOINT VERIFIED MOTION TO REINSTATE PAGE 1 matter would not be called; and b. The foregoing was reason appeared particularly reasonably in light of fast- moving developments due to the outbreak of the COVID-19 Delta Variant. 4. At all times, counsel for the parties have been working in a collaborative manner. 5. This case has confronted particular difficulties. In addition to the delays and uncertainties caused by COVID, Defendant was incarcerated until recently, following which he was subject to a mandatory order of deportation. Coordinating this case in light of those circumstances has been challenging. 6. Fortunately, Defendant’s new counsel has worked diligently to right-track this matter and the parties have worked amicably and cooperatively since that time. The parties respectfully submit that the failure of the parties to appear ”was due to an accident or mistake” or other ”failure” that the parties respectfully submit ”has been otherwise reasonably explained.” Tex. R. Civ. P. 165a(3). Accordingly, the parties respectfully request that the Court reinstate this matter, Jointly submitted, Gregory A. Brassfleld David O’Dens Gregory A. Brassfield David M. O’Dens Bar No. 24079900 Bar No. 15198100 gbrassfield@lynnllp.com odens@settlepou.com Lynn Pinker Hurst 8c Schwegmann LLP SettlePou 2100 Ross Avenue 3333 Lee Parkway Suite 2700 Eighth Floor Dallas, Texas 75201 Dallas, Texas 75219 214-981-3800 214-520-3300 JOINT VERIFIED MOTION TO REINSTATE PAGE 2 VERIFICATION Pursuant to Tex. R. CiV. P. 165a(3) the undersigned verify that the foregoing is true and correct. Gre 0 A. Brass eld David O’Dens Gregory A. Brassfield David M. O’Dens Bar No. 24079900 Bar No. 15198100 gbrassfield@lvnnllp.com odens@settlepou.com Lynn Pinker Hurst 8: Schwegmann LLP SettlePou 2100 Ross Avenue 3333 Lee Parkway Suite 2700 Eighth Floor Dallas, Texas 75201 Dallas, Texas 75219 214-981-3800 214-520-3300 JOINT VERIFIED MOTION TO REINSTATE PAGE 3 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. Envelope ID: 56456756 Status as of 8/20/2021 8:51 AM CST Associated Case Party: EDUARDO DEL BOSQUE Name BarNumber Email TimestampSubmitted Status Gregory Brassfield gbrassfield@lynnllp.com 8/19/2021 10:39:55 AM SENT Christopher W.Patton cpatton@lynnllp.com 8/19/2021 10:39:55 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status David M.O'Dens odens@settlepou.com 8/19/2021 10:39:55 AM SENT April Sandefur asandefur@lynnllp.com 8/19/2021 10:39:55 AM SENT Jordan Whiddon jwhiddon@tailimsong.com 8/19/2021 10:39:55 AM SENT Yuliana Ramirez yuliana@tailimsong.com 8/19/2021 10:39:55 AM SENT Daniel Polese 24102364 dpolese@lynnllp.com 8/19/2021 10:39:55 AM SENT Tailim Song tsong@tailimsong.com 8/19/2021 10:39:55 AM SENT Pam Oakley poakley@lynnllp.com 8/19/2021 10:39:55 AM SENT