On October 25, 2023 a
Motion,Ex Parte
was filed
involving a dispute between
The Cincinnati Insurance Company,
and
Givens, Janae Aubryona,
for OTHER (CIVIL)
in the District Court of Dallas County.
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FILED
3/1/2024 9:07 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Jenifer Trujillo DEPUTY
CAUSE NO. DC-23-18293
THE CINCINNATI INSURANCE § IN THE DISTRICT COURT
COMPANY §
PLAINTIFF §
§
v. § 134RD JUDICIAL DISTRICT
§
JANAE AUBRYONA GIVENS §
DEFENDANT § DALLAS COUNTY, TEXAS
PLAINTIFF’S MOTION TO RETAIN CASE ON DOCKET
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, THE CINCINNATI INSURANCE COMPANY, Plaintiff, by and
through its attorneys of record, respectfully moves and requests that this Court not dismiss this
cause for want of prosecution and, in support thereof, would Show as follows:
l. This case is currently set for dismissal on 03/08/24.
2. Plaintiff filed their Original Petition on or about 10/25/23.
3. Plaintiff has been diligently working to serve Defendant since the filing of their
Petition, however, the Plaintiff has been unsuccessful in perfecting service as all addresses were
deemed bad.
4. Plaintiff recently discovered a new address for Defendant and has instructed their
process server to attempt service on Defendant at this new address.
5. Plaintiff is kindly requesting that the court retain this case for at least an
additional 30 to 45 days to allow Plaintiff additional time to perfect service on the Defendant.
6. This motion is not made merely for delay, but that the ends of justice be met.
WHEREFORE PREMISES CONSIDERED, Plaintiff respectfully prays that his cause
not be dismissed and that it be retained on the docket.
Respectfillly submitted,
NOACK LAW FIRM, PLLC
Craig Noack, SBN 24026474
Carolyn J. Noack, SBN 24036214
Joshua Hansen, SBN 241 13718
Nathaly May SBN 241 16731
Amelia Mitchell, SBN 24126143
Eric Spence, SBN 2407065 8
241651H-10 West, Ste. 217-418
San Antonio, Texas 78257
Phone (210) 963-5733
Fax (210) 579-1777
E-service: office@noacklawfirm.com
ATTORNEYS FOR PLAINTIFF
DECLARATION OF ATTORNEY
“I am over the age of eighteen (18) years and am competent to make this declaration
pursuant to Section 132.001 of the Texas Civil Practice and Remedies Code. I am the
Attorney for Plaintiff in the above-entitled and numbered matter.
“I have authority to make the foregoing Plaintiff s Verified Motion to Retain; and swear
that the allegations stated herein are true and correct.
“My name is Carolyn Noack, my date of birth is XX/XX/l978 and my address is 24165
IH-10 W, Suite 217-418, San Antonio, TX 78257 and United States of America. I declare
under penalty of perjury that the foregoing is true and correct.
“Executed in Bexar County, State of Texas, on February 28, 2024.”
W661
Carolyn J. Noack, SBN 24036214
Document Filed Date
March 01, 2024
Case Filing Date
October 25, 2023
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FILED 3/1/2024 9:07 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Jenifer Trujillo DEPUTY CAUSE NO. DC-23-18293 THE CINCINNATI INSURANCE § IN THE DISTRICT COURT COMPANY § PLAINTIFF § § v. § 134RD JUDICIAL DISTRICT § JANAE AUBRYONA GIVENS § DEFENDANT § DALLAS COUNTY, TEXAS PLAINTIFF’S MOTION TO RETAIN CASE ON DOCKET TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, THE CINCINNATI INSURANCE COMPANY, Plaintiff, by and through its attorneys of record, respectfully moves and requests that this Court not dismiss this cause for want of prosecution and, in support thereof, would Show as follows: l. This case is currently set for dismissal on 03/08/24. 2. Plaintiff filed their Original Petition on or about 10/25/23. 3. Plaintiff has been diligently working to serve Defendant since the filing of their Petition, however, the Plaintiff has been unsuccessful in perfecting service as all addresses were deemed bad. 4. Plaintiff recently discovered a new address for Defendant and has instructed their process server to attempt service on Defendant at this new address. 5. Plaintiff is kindly requesting that the court retain this case for at least an additional 30 to 45 days to allow Plaintiff additional time to perfect service on the Defendant. 6. This motion is not made merely for delay, but that the ends of justice be met. WHEREFORE PREMISES CONSIDERED, Plaintiff respectfully prays that his cause not be dismissed and that it be retained on the docket. Respectfillly submitted, NOACK LAW FIRM, PLLC Craig Noack, SBN 24026474 Carolyn J. Noack, SBN 24036214 Joshua Hansen, SBN 241 13718 Nathaly May SBN 241 16731 Amelia Mitchell, SBN 24126143 Eric Spence, SBN 2407065 8 241651H-10 West, Ste. 217-418 San Antonio, Texas 78257 Phone (210) 963-5733 Fax (210) 579-1777 E-service: office@noacklawfirm.com ATTORNEYS FOR PLAINTIFF DECLARATION OF ATTORNEY “I am over the age of eighteen (18) years and am competent to make this declaration pursuant to Section 132.001 of the Texas Civil Practice and Remedies Code. I am the Attorney for Plaintiff in the above-entitled and numbered matter. “I have authority to make the foregoing Plaintiff s Verified Motion to Retain; and swear that the allegations stated herein are true and correct. “My name is Carolyn Noack, my date of birth is XX/XX/l978 and my address is 24165 IH-10 W, Suite 217-418, San Antonio, TX 78257 and United States of America. I declare under penalty of perjury that the foregoing is true and correct. “Executed in Bexar County, State of Texas, on February 28, 2024.” W661 Carolyn J. Noack, SBN 24036214