in Re: GEICO Indemnity Company ( 2015 )

ACCEPTED 05-15-00805-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 7/15/2015 3:57:29 PM LISA MATZ CLERK Case Number 05-15-00805-CV IN THE FIFTH DISTRICT COURT OF APPEALS FILED IN 5th COURT OF APPEALS DALLAS, TEXAS at Dallas 7/15/2015 3:57:29 PM LISA MATZ __________________________________________________________________ Clerk In Re GEICO Indemnity Company, Relator. __________________________________________________________________ Original Proceeding from Cause Number CC-14-02324-A Pending in Dallas County Court at Law Number One (1) __________________________________________________________________ MOTION TO DISMISS ORIGINAL PROCEEDING WITH PREJUDICE __________________________________________________________________ WALTERS, BALIDO & CRAIN, L.L.P. Gregory R. Ave State Bar Number 01448900 greg.ave@wbclawfirm.com Meadow Park Tower, Suite 1500 10440 North Central Expressway Dallas, Texas 75231 Telephone Number (214) 347-8310 Facsimile Number (214) 347-8311 ATTORNEYS FOR RELATOR July 15, 2015 GEICO INDEMNITY COMPANY TO THE HONORABLE DALLAS COURT OF APPEALS: Relator GEICO Indemnity Company (“GEICO”), pursuant to Texas Rules of Appellate Procedure Rule 10.1 and Rule 42.1(a)(1), files this its motion to dismiss this original proceeding with prejudice on the grounds stated in this motion. 1. This original proceeding concerns certain orders (entered on or about April 27, 2015 and June 30, 2015) in cause number CC-14-02324-A, styled Lakedia Whitaker v. GEICO Indemnity Company, et. al., and pending in the Dallas County Court at Law Number One(1) of Dallas County, Texas. Lakedia Whitaker (“Whitaker”) filed her lawsuit seeking to recover compensatory damages for bodily injuries allegedly sustained due to an automobile accident which occurred on or about July 14, 2012. Specifically, Whitaker sought to recover uninsured motorist (“UM”) benefits under Texas personal automobile insurance policy number 4273266652 issued by GEICO, as well as damages for GEICO’s alleged bad faith and statutory violations related to the handling of her claim for UM benefits. 2. Subsequent to the filing of GEICO’S Petition for Writ of Mandamus, GEICO and Real Party in Interest Lakedia Whitaker (“Whitaker”) reached a settlement agreement as to all issues, both 1 contractual and extra-contractual, alleged under cause number CC-14- 02324-A, pending in the Dallas County Court at Law Number One (1), and before the honorable Judge D’Metria Benson. Pursuant to Texas Rules of Appellate Procedure 10.1 and 42.1(1), GEICO file this its motion to dismiss the instant original proceeding. 3. The resolution and conclusion of Whitaker’s claim for UM benefits and the full and final release of any and all contractual and purported extra-contractual claims renders this original proceeding moot. 4. The parties have entered into a binding Rule 11 Agreement (attached as Exhibit A) and the settlement and release agreement is in the process of being signed and executed by Whitaker. Via the filing of this Motion, GEICO requests this original proceeding be dismissed with prejudice, with all costs taxed against the party which incurred same. In addition, GEICO and Whitaker have agreed to bear the costs of their own attorneys in the original proceeding and in the trial court. On these premises, Appellant GEICO Indemnity Company requests the Court dismiss this original proceeding with prejudice, for the Court to order costs to be taxed against the party incurring the same, and that the Court grant such further relief as is just. 2 Respectfully submitted, WALTERS, BALIDO & CRAIN, L.L.P. BY: /s/ Gregory R. Ave GREGORY R. AVE Texas Bar No.: 01448900 greg.ave@wbclawfirm.com JAY R. HARRIS Texas Bar No.: 00793907 Meadow Park Tower, Suite 1500 10440 North Central Expressway Dallas, Texas 75231 Telephone: 214-347-8310 Facsimile: 214-347-8311 ATTORNEYS FOR RELATOR GEICO INDEMNITY COMPANY 3 CERTIFICATE OF SERVICE This is to certify that on this the 15th day of July, 2015 a true and correct copy of the above document has been forwarded to all counsel of record in compliance with the Texas Rules of Civil Procedure. The Honorable Judge D’Metria Benson Via hand delivery Judge of the Dallas County Court at Law Number 1 for Dallas County, Texas George L. Allen, Sr. Courts Building 600 Commerce Street, 5th Floor New Tower Dallas, Texas 75202 Meghana K. Wadhwani Via E-Serve Carlos Cortez Modjarrad Abusaad Said Law Firm 212 West Spring Valley Road Richardson, Texas 75081 ATTORNEYS FOR REAL PARTY IN INTEREST LAKEDIA WHITAKER /s/ Gregory R. Ave Gregory R. Ave 4 EXHIBIT A .WBC · WALTERS SALIDO& CRAIN ATTORNEYS l(f IAW AUSTIN* DAUAS *DECATUR* HOUSTON SARAH HOLLEY LONG Partner sorah.long@wbolawfirm.com Sen>lce of Documents: LongEDoosNotifroatiolll!@wbolawfirm.com (214) 347-8342 - Direct Line (214) 347-8343 - Direct Fax July 8, 2015 Carlos Cortez Via Fa£simile: 972-789-1665 MeghanaK. Wadhwani Mohamad Said Modjarrad Abusaad Said Law Finn 212 W. Spring Valley Rd. Richardson, Texas 75081 RE: LAKED/A WHITAKER ~ GLENDA MAZARIEGOS, JOSE RODRIGUEZ, AND GEICO INDEMNITY COMPANY Cause Number: CC-14-02324-A Court: County Court at Law No. 1, Dallas County, Texas Our File Number: 1718-77420 Dear Counsel: Please allow this letter to serve as written con!mnation of settlement in the above referenced matter. Defendant GEICO Indemnity Company, bas agreed to pay $30,000.00 in exchange for a full and final releruie of any and all claims as asserted in the above referenced cause number. Please provide me with any lien/subrogation infonnation so that I may request a settlement check. In the meantime, I will prepare a release and dismissal. If the foregoing accurately reflects our agreement, please sign in the space provided below and return a signed copy of this correspondence to my office. Please contact me immediately ifthere are any inaccuracies. WALTERS SALIDO &CRAIN L.L.P. MEADOWPARKTOWER 10440NORTHCENTRALEXPRESSWAY SUIT£1500 DAUAS, TEXAS 75231 FA>c 214.760.1670 TELEPHONE: 214.749.4805 www.wbdawflrm.com July 8, 2015 Page2 Thank you for your courtesy and attention to this matter. C osCortez Meghana K. Wadhwani Mohamad Said