Preview
FILED
11/10/2023 3:05 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS 00., TEXAS
Debra Clark DEPUTY
CAUSE N0. DC-22-13612-G
MARGARITA MONTENEGRO, § IN THE DISTRICT COURT
Plaintiff, §
§
vs. § 134T“ JUDICIAL DISTRICT
§
SAM DUC HUYNH, §
Defendant. § DALLAS COUNTY, TEXAS
CAUSE NO. 2200216
ALLSTATE FIRE AND CASUALTY § IN THE JUSTICE COURT
INSURANCE COMPANY AS SUBROGEE §
OF MARGARITA M. MONTENEGRO, §
Plaintiff, §
vs. § PRECINCT 2, PLACE 1
§
§
SAM DUC HUYNH, §
Defendant. § DALLAS COUNTY, TEXAS
MOTION TO CONSOLIDATE
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES, SAM DUC HUYNH, hereinafter “Movant.” Movant herein files this
motion to consolidate and respectfully shows the Court as follows:
A. Introduction
l. Plaintiff in Allstate Fire and Casualty Insurance Company as Subrogee of Margarita M
Montenegro v. Huynh Sam Buc filed suit in the Justice Court, Precinct, 2, Place 1, in Dallas County,
Texas (2200216) on August 15, 2022.
2. Plaintiff in Margarita Montenegro v. Sam Duc Huynh filed suit in 134th Judicial District,
Dallas County, Texas (DC-22-13612-G) on September 29, 2022.
MOTION TO CONSOLIDATE PAGE 1
Cause No. DC-22-13612-G / 2200216
3. The basis of both suits arise from the same automobile accident, which occurred on January
26, 2021.
4. Trial is set on December 4, 2023 for Cause No. 2200216 and March 11, 2024 for Cause
No. DC-22-13612-G.
B. Facts
5. Both suits involve common questions of law and fact, since they arise out of the same
automobile accident.
C. Arguments and Authorities
6. A court may consolidate lawsuits if the suits involve common questions of law or fact, and
consolidation does not result in delay, jury confusion, or prejudice to the parties. Tex. R. Civ. P.
174(a) and Dallas County Local Rule 1.04; Owens-CorningFiberglas Corp. v. Martin, 942 S.W.2d
712, 716 (Tex. App—Dallas 1997, no writ); see Lone Star Ford, Inc. v. McCormick, 838 S.W.2d
734, 737 (Tex. App.—Houston [1st Dist] 1992, writ denied).
7. In a consolidated trial of these cases, the evidence presented will be material, relevant, and
admissible in each case. Excel Corp. v. Valdez, 921 S.W.2d 444, 448 (Tex. App. — Corpus Christi
1996). Since both cases arise out of the same automobile accident, the testimony of the witnesses
will be applicable to both cases.
8. Consolidation will avoid unnecessary costs and prevent delay. Duplicative attorney’s fees,
mediation fees, deposition and other discovery costs will be avoided by consolidation of these two
cases. Furthermore, consolidation will provide immediate, final resolution of these two cases.
Without consolidation, these matters will not be final until both cases are fillly litigated
independent of each other.
MOTION TO CONSOLIDATE PAGE 2
Cause No. DC-22-13612-G / 2200216
9. There is no risk that consolidation will prejudice the parties because the claims arise out of
the same automobile accident.
10. If the Court refuses to consolidate, the separate trials of these cases could result in the
inconsistent adjudications of common factual and legal issues. Without consolidation, the
possibility exists that the Movant may be found both negligent and liable and not negligent and
not liable due to her actions or lack thereof regarding the same automobile accident. Such a
possibility does not serve the interests of fairness and justice.
D. Conclusion
ll. With regard to the above listed facts and authorities the Movant believes the Court can and
should consolidate both the liability M damage portions of these two cases.
E. Prayer
WHEREFORE, PREMISES CONSIDERED, Movant prays that the Court consolidate
Cause No. 2200216, styled Allstate Fire and Casualty Insurance Company as subrogee of
Margarita M. Montenegro v. Huynh Sam Buc, currently pending in the Justice Court Precinct 2,
Place l, Dallas County, Texas into Cause No. DC-22-13612-G, styled Margarita Montenegro v.
Sam Duc Huynh, currently pending in the 134th District Court, Dallas County, Texas, along with
other relief, in law or in equity, to which Movant is entitled.
MOTION TO CONSOLIDATE PAGE 3
Cause No. DC-22-13612-G / 2200216
Respectfully submitted,
KERAMIDAS LAW FIRM
my,
T. Cass Keramidas
State Bar No. 24027101
801 E. Campbell Road, Suite 625
Richardson, Texas 75081
(214) 299-8016 Office
(214) 299-8017 Fax
cass@keramidaslaw.com
ATTORNEY FOR DEFENDANT
SAM DUC HUYNH
CERTIFICATE OF SERVICE
This is to certify that on this the 10th day of November 2023 a true and correct copy of the
foregoing was sent electronic service to all counsels of record.
my,
T. Cass Keramidas
CERTIFICATE OF CONFERENCE
Counsel for Movant has contacted counsel for Non-Movants in an attempt to resolve the
matters presented as follows:
Counsel for Plaintiff, Margarita Montenegro is unopposed.
Counsel for Plaintiff, Allstate Fire and Casualty Insurance Company as Subrogee of
Margarita M. Montenegro is unopposed.
Certified to on this 10th day of November 2023, by T. Cass Keramidas, counsel for Movant.
ml,
T. Cass Keramidas
_
MOTION TO CONSOLIDATE PAGE 4
Cause No. DC-22-13612-G / 2200216
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FILED 11/10/2023 3:05 PM FELICIA PITRE DISTRICT CLERK DALLAS 00., TEXAS Debra Clark DEPUTY CAUSE N0. DC-22-13612-G MARGARITA MONTENEGRO, § IN THE DISTRICT COURT Plaintiff, § § vs. § 134T“ JUDICIAL DISTRICT § SAM DUC HUYNH, § Defendant. § DALLAS COUNTY, TEXAS CAUSE NO. 2200216 ALLSTATE FIRE AND CASUALTY § IN THE JUSTICE COURT INSURANCE COMPANY AS SUBROGEE § OF MARGARITA M. MONTENEGRO, § Plaintiff, § vs. § PRECINCT 2, PLACE 1 § § SAM DUC HUYNH, § Defendant. § DALLAS COUNTY, TEXAS MOTION TO CONSOLIDATE TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES, SAM DUC HUYNH, hereinafter “Movant.” Movant herein files this motion to consolidate and respectfully shows the Court as follows: A. Introduction l. Plaintiff in Allstate Fire and Casualty Insurance Company as Subrogee of Margarita M Montenegro v. Huynh Sam Buc filed suit in the Justice Court, Precinct, 2, Place 1, in Dallas County, Texas (2200216) on August 15, 2022. 2. Plaintiff in Margarita Montenegro v. Sam Duc Huynh filed suit in 134th Judicial District, Dallas County, Texas (DC-22-13612-G) on September 29, 2022. MOTION TO CONSOLIDATE PAGE 1 Cause No. DC-22-13612-G / 2200216 3. The basis of both suits arise from the same automobile accident, which occurred on January 26, 2021. 4. Trial is set on December 4, 2023 for Cause No. 2200216 and March 11, 2024 for Cause No. DC-22-13612-G. B. Facts 5. Both suits involve common questions of law and fact, since they arise out of the same automobile accident. C. Arguments and Authorities 6. A court may consolidate lawsuits if the suits involve common questions of law or fact, and consolidation does not result in delay, jury confusion, or prejudice to the parties. Tex. R. Civ. P. 174(a) and Dallas County Local Rule 1.04; Owens-CorningFiberglas Corp. v. Martin, 942 S.W.2d 712, 716 (Tex. App—Dallas 1997, no writ); see Lone Star Ford, Inc. v. McCormick, 838 S.W.2d 734, 737 (Tex. App.—Houston [1st Dist] 1992, writ denied). 7. In a consolidated trial of these cases, the evidence presented will be material, relevant, and admissible in each case. Excel Corp. v. Valdez, 921 S.W.2d 444, 448 (Tex. App. — Corpus Christi 1996). Since both cases arise out of the same automobile accident, the testimony of the witnesses will be applicable to both cases. 8. Consolidation will avoid unnecessary costs and prevent delay. Duplicative attorney’s fees, mediation fees, deposition and other discovery costs will be avoided by consolidation of these two cases. Furthermore, consolidation will provide immediate, final resolution of these two cases. Without consolidation, these matters will not be final until both cases are fillly litigated independent of each other. MOTION TO CONSOLIDATE PAGE 2 Cause No. DC-22-13612-G / 2200216 9. There is no risk that consolidation will prejudice the parties because the claims arise out of the same automobile accident. 10. If the Court refuses to consolidate, the separate trials of these cases could result in the inconsistent adjudications of common factual and legal issues. Without consolidation, the possibility exists that the Movant may be found both negligent and liable and not negligent and not liable due to her actions or lack thereof regarding the same automobile accident. Such a possibility does not serve the interests of fairness and justice. D. Conclusion ll. With regard to the above listed facts and authorities the Movant believes the Court can and should consolidate both the liability M damage portions of these two cases. E. Prayer WHEREFORE, PREMISES CONSIDERED, Movant prays that the Court consolidate Cause No. 2200216, styled Allstate Fire and Casualty Insurance Company as subrogee of Margarita M. Montenegro v. Huynh Sam Buc, currently pending in the Justice Court Precinct 2, Place l, Dallas County, Texas into Cause No. DC-22-13612-G, styled Margarita Montenegro v. Sam Duc Huynh, currently pending in the 134th District Court, Dallas County, Texas, along with other relief, in law or in equity, to which Movant is entitled. MOTION TO CONSOLIDATE PAGE 3 Cause No. DC-22-13612-G / 2200216 Respectfully submitted, KERAMIDAS LAW FIRM my, T. Cass Keramidas State Bar No. 24027101 801 E. Campbell Road, Suite 625 Richardson, Texas 75081 (214) 299-8016 Office (214) 299-8017 Fax cass@keramidaslaw.com ATTORNEY FOR DEFENDANT SAM DUC HUYNH CERTIFICATE OF SERVICE This is to certify that on this the 10th day of November 2023 a true and correct copy of the foregoing was sent electronic service to all counsels of record. my, T. Cass Keramidas CERTIFICATE OF CONFERENCE Counsel for Movant has contacted counsel for Non-Movants in an attempt to resolve the matters presented as follows: Counsel for Plaintiff, Margarita Montenegro is unopposed. Counsel for Plaintiff, Allstate Fire and Casualty Insurance Company as Subrogee of Margarita M. Montenegro is unopposed. Certified to on this 10th day of November 2023, by T. Cass Keramidas, counsel for Movant. ml, T. Cass Keramidas _ MOTION TO CONSOLIDATE PAGE 4 Cause No. DC-22-13612-G / 2200216