Guzman v. Cascade Process Controls, Inc.

Western District of Texas, txwd-5:2019-cv-00162

MOTION to Withdraw [42] MOTION for Declaratory Judgment by Cascade Process Controls, Inc.

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CASE NO. 5:19-cv-162-FB (HJB) IN THE U.S. DISTRICT COURT WESTERN DISTRICT OF TEXAS—SAN ANTONIO DIVISION DANIEL GUZMAN, Individually and on Behalf of All Others Similarly Situated Plaintiffs V. CASCADE PROCESS CONTROLS, INC. Defendant MOTION TO WITHDRAW DEFENDANT'S FIRST MOTION & REQUEST FOR DECLARATORY JUDGMENT THE MOSTER LAW FIRM, P.C. 4920 S. LOOP 289, STE. 101 LUBBOCK, TX 79414 Attorneys for Defendant CASE NO. 5:19-CV-162-FB (HJB) DANIEL GUZMAN, INDIVIDUALLY AND § ON BEHALF OF ALL OTHERS SIMILARLY § SITUATED § PLAINTIFFS § § UNITED STATES DISTRICT COURT V. § WESTERN DISTRICT OF TEXAS § SAN ANTONIO DIVISION CASCADE PROCESS CONTROLS, INC. § DEFENDANTS. § MOTION TO WITHDRAW DEFENDANT'S FIRST MOTION & REQUEST FOR DECLARATORY JUDGMENT COMES NOW, Cascade Process Controls, Inc. (hereinafter "Defendant"), by and through its respective counsel of record and files this First Motion & Request for Declaratory Judgment, and for merit thereunto would show this Honorable Court the following: I. REQUEST FOR WITHDRAWAL OF MOTION 1. Defendant filed a First Motion & Request for Declaratory Judgment with this Honorable Court on January 6, 2020. 2. Defendant and Plaintiffs attended a first mediation on January 13, 2020. 3. Though this first mediation was not dispositive as to this case as a whole, one of the agreed upon points was that Defendant would withdraw its Motion as above referenced. 4. This point was agreed upon by the parties so that Plaintiffs and Defendant could focus their efforts on resolving this matter in a second mediation, such mediation soon forthcoming. 5. Therefore, Defendant now respectfully asks this Court to allow Defendant to withdraw its First Motion & Request for Declaratory Judgment, appurtenant to and in compliance with the intentions of the parties hereto, and in the spirit of good-faith resolution of this pending suit without need of further proceedings. Respectfully submitted, /s/ B. Blaze Taylor, Esq. B. Blaze Taylor, Esq. State Bar No. 24106495 THE MOSTER LAW FIRM, P.C. 4920 South Loop 289, Suite 101 Lubbock, TX 79414 btaylor@themosterlawfirm.com Phone: (806) 778-6486 Facsimile: (866) 302-7046 Counsel for Defendant CERTIFICATE OF SERVICE & COMPLIANCE This is to certify that on JANUARY 14, 2019, Plaintiff(s) were properly noticed and served with a true and correct copy of the foregoing document via the PACER CM/EMF document filing system. Below signed counsel further represents that this Motion complies with WDTX Local Rules 5, 7, and 10. Respectfully submitted by, /s/ B. Blaze Taylor, Esq. B. Blaze Taylor, Esq.