On March 03, 2022 a
Motion-Secondary
was filed
involving a dispute between
Fleming, Candace,
and
Texas Keg Restaurant & Bar, Inc.,
The Keg Restaurant & Bar, Inc.,
for OTHER PERSONAL INJURY
in the District Court of Dallas County.
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FILED
1/3/2023 12:00 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Margaret Thomas DEPUTY
CAUSE NO. DC-22-02501
CANDACE FLEMING, § IN THE DISTRICT COURT
§
Plaintiffi §
§
V. §
§ 162ND DISTRICT COURT
TEXAS KEG STEAKHOUSE & BAR, §
INC., §
§
Defendant. §
DALLAS COUNTY, TEXAS
§
PLAINTIFF’S OBJECTION TO ASSIGNED JUDGE
Plaintiff Candace Fleming (“Candace” of “P1aintiff’) files this her Objection to Assigned
Judge. Plaintiff would show this Court as follows in support of her motion:
I. Plaintiff may challenge Assigned Judge
Under Texas law, a party may challenge an assigned judge who is a retired, former, or
senior judge. See Tex. Gov’t Code Sec. 74.053; In re Perritt, 992 S.W.2d 444 (Tex. 1999).
II. No Assignment has been served on Plaintiff
Defendant has filed a Motion to Compel and the hearing is set for 9:00 a.m. on
January 3, 2023, Via Zoom. The honorable Maricela Moore, who presided over this Court, was
elected to the Court of Appeals and has been seated on that Court. As of the time of filing this
motion, Plaintiff has not received notice of assignment of a judge for the hearing on Defendant’s
Motion to Compel. Because Plaintiff cannot identify the judge to be assigned to hear Defendant’s
motion, Plaintiff objects to any assigned judge
III. No Previous Objections have been Filed
PLAINTIFF’S OBJECTION TO ASSIGNED JUDGE PAGE l
Prior to the filing of this Motion, there have been no hearings or trials in this matter.
Plaintiff has not previously filed an objection to an assigned judge.
IV. Objection to Assigned Judge
Plaintiff objects to any assigned judge. Because no notice of assigned judge has been
served, Plaintiff cannot identify the assigned judge by name or status under Government Code
Chapter 74.
V. Effect of Objection
The filing of this motion is a peremptory objection; removal of the assigned judge is
mandatory and automatic and a hearing is not required. See, e. g., Gov’t Code Sec. 74.053(b); In
re Candles, 52 S.W.3d 698 (Tex. 2001); Flores vBanner, 932 S.W.2d 500 (Tex. 1996).
V. Prayer
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that the assigned judge be
removed, and for such other and further relief to which Plaintiff may be justly entitled.
Respectfillly submitted,
PATTERSON LAW GROUP
/s/ Gregory J. McCarthy—
Gregory J. McCarthy
State Bar No. 13367500
Tennessee W. Walker
State Bar No. 24066253
Kolter R. Jennings
State Bar No. 24094048
PATTERSON LAW GROUP
2409 Forest Park Blvd.
Fort Worth, Texas 76110
817.784.2000 a phone
800.216.3105 — fax
legal@pattersonpersonalinjurv.com
ATTORNEYS FOR PLAINTIFF
PLAINTIFF’S OBJECTION TO ASSIGNED JUDGE PAGE 2
CERTIFICATE OF SERVICE
The Undersigned attorney hereby certifies that the foregoing document was served
pursuant to the Texas Rules of Civil Procedure on January 2, 2023 on all attorneys of record.
/s/ Gregory J. McCarthy
Gregory J. McCarthy
PLAINTIFF’S OBJECTION TO ASSIGNED JUDGE 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.
Kolter Jennings
Bar No. 24094048
kolter@pattersonpersonalinjury.com
Envelope ID: 71411973
Status as of 1/3/2023 9:15 AM CST
Associated Case Party: CANDACE FLEMING
Name BarNumber Email TimestampSubmitted Status
GREGORY JMCCARTHY legal@pattersonpersonalinjury.com 1/2/2023 4:19:35 PM SENT
Gregory McCarthy greg@pattersonpersonalinjurycom 1/2/2023 4:19:35 PM SENT
Associated Case Party: THE KEG RESTAURANT & BAR, INC.
Name BarNumber Email TimestampSubmitted Status
Zach Mayer zmayer@mayerllp.com 1/2/2023 4:19:35 PM SENT
Jack Luckett jluckett@mayerllp.com 1/2/2023 4:19:35 PM SENT
Will Roberts wroberts@mayerllp.com 1/2/2023 4:19:35 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Susan Lokash slokash@mayerllp.com 1/2/2023 4:19:35 PM SENT
Document Filed Date
January 03, 2023
Case Filing Date
March 03, 2022
Category
OTHER PERSONAL INJURY
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FILED 1/3/2023 12:00 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Margaret Thomas DEPUTY CAUSE NO. DC-22-02501 CANDACE FLEMING, § IN THE DISTRICT COURT § Plaintiffi § § V. § § 162ND DISTRICT COURT TEXAS KEG STEAKHOUSE & BAR, § INC., § § Defendant. § DALLAS COUNTY, TEXAS § PLAINTIFF’S OBJECTION TO ASSIGNED JUDGE Plaintiff Candace Fleming (“Candace” of “P1aintiff’) files this her Objection to Assigned Judge. Plaintiff would show this Court as follows in support of her motion: I. Plaintiff may challenge Assigned Judge Under Texas law, a party may challenge an assigned judge who is a retired, former, or senior judge. See Tex. Gov’t Code Sec. 74.053; In re Perritt, 992 S.W.2d 444 (Tex. 1999). II. No Assignment has been served on Plaintiff Defendant has filed a Motion to Compel and the hearing is set for 9:00 a.m. on January 3, 2023, Via Zoom. The honorable Maricela Moore, who presided over this Court, was elected to the Court of Appeals and has been seated on that Court. As of the time of filing this motion, Plaintiff has not received notice of assignment of a judge for the hearing on Defendant’s Motion to Compel. Because Plaintiff cannot identify the judge to be assigned to hear Defendant’s motion, Plaintiff objects to any assigned judge III. No Previous Objections have been Filed PLAINTIFF’S OBJECTION TO ASSIGNED JUDGE PAGE l Prior to the filing of this Motion, there have been no hearings or trials in this matter. Plaintiff has not previously filed an objection to an assigned judge. IV. Objection to Assigned Judge Plaintiff objects to any assigned judge. Because no notice of assigned judge has been served, Plaintiff cannot identify the assigned judge by name or status under Government Code Chapter 74. V. Effect of Objection The filing of this motion is a peremptory objection; removal of the assigned judge is mandatory and automatic and a hearing is not required. See, e. g., Gov’t Code Sec. 74.053(b); In re Candles, 52 S.W.3d 698 (Tex. 2001); Flores vBanner, 932 S.W.2d 500 (Tex. 1996). V. Prayer WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that the assigned judge be removed, and for such other and further relief to which Plaintiff may be justly entitled. Respectfillly submitted, PATTERSON LAW GROUP /s/ Gregory J. McCarthy— Gregory J. McCarthy State Bar No. 13367500 Tennessee W. Walker State Bar No. 24066253 Kolter R. Jennings State Bar No. 24094048 PATTERSON LAW GROUP 2409 Forest Park Blvd. Fort Worth, Texas 76110 817.784.2000 a phone 800.216.3105 — fax legal@pattersonpersonalinjurv.com ATTORNEYS FOR PLAINTIFF PLAINTIFF’S OBJECTION TO ASSIGNED JUDGE PAGE 2 CERTIFICATE OF SERVICE The Undersigned attorney hereby certifies that the foregoing document was served pursuant to the Texas Rules of Civil Procedure on January 2, 2023 on all attorneys of record. /s/ Gregory J. McCarthy Gregory J. McCarthy PLAINTIFF’S OBJECTION TO ASSIGNED JUDGE 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. Kolter Jennings Bar No. 24094048 kolter@pattersonpersonalinjury.com Envelope ID: 71411973 Status as of 1/3/2023 9:15 AM CST Associated Case Party: CANDACE FLEMING Name BarNumber Email TimestampSubmitted Status GREGORY JMCCARTHY legal@pattersonpersonalinjury.com 1/2/2023 4:19:35 PM SENT Gregory McCarthy greg@pattersonpersonalinjurycom 1/2/2023 4:19:35 PM SENT Associated Case Party: THE KEG RESTAURANT & BAR, INC. Name BarNumber Email TimestampSubmitted Status Zach Mayer zmayer@mayerllp.com 1/2/2023 4:19:35 PM SENT Jack Luckett jluckett@mayerllp.com 1/2/2023 4:19:35 PM SENT Will Roberts wroberts@mayerllp.com 1/2/2023 4:19:35 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Susan Lokash slokash@mayerllp.com 1/2/2023 4:19:35 PM SENT