DEFENDANT’S NOTICE OF REMOVAL - Page 1

NII.11893

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS 

DALLAS DIVISION

JAVONTE ALEXANDER, 

 

 Plaintiff,

v.

DONALD CLEAR and 

MCCORKLE TRUCK LINE INC., 

 Defendants.

§

§

§

§

§

§

§

§

§

§

CIVIL ACTION NO. 3:22-cv-1144

JURY

DEFENDANT’S NOTICE OF REMOVAL

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, MCCORKLE TRUCK LINE INC., Defendant in the above matter, 

and files this Notice of Removal under 28 U.S.C. §§ 1441 and 1332(a). 

I.

BACKGROUND

A. 1. PLAINTIFF SUED MCCORKLE TRUCK LINE INC. AND DONALD 

CLEAR, IN THE 192ND JUDICIAL DISTRICT COURT OF DALLAS COUNTY, 

TEXAS, CAUSE NO. DC-22-00884, ALLEGING THE NEGLIGENCE OF 

DEFENDANTS MCCORKLE TRUCK LINE INC. AND DONALD CLEAR.

2. Defendant McCorkle Truck Line Inc. was served on or about April 28, 2022. 

Defendant has filed this Notice of Removal within the time period required. 28 U.S.C. §1446(b). 

3. Defendant Donald Clear has not been served or made an appearance in this case. 

Defendant Clear is a resident of the state of Kansas. 

3. Plaintiff Javonte Alexander is a resident of Texas and domiciled in Dallas, Texas.

4. Defendant McCorkle Truck Line Inc. is a corporation in the State of Oklahoma 

with its principal place of business in Oklahoma. 

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 1 of 52 PageID 1
DEFENDANT’S NOTICE OF REMOVAL - Page 2

5. Plaintiff’s Original Petition, filed contemporaneously herewith, seeks “monetary 

relief in excess of $250,000.”

II.

BASIS FOR REMOVAL

6. Removal is proper under 28 U.S.C. § 1332(a) because Plaintiff’s suit is a civil 

action in which this Court has original jurisdiction over the parties, based upon diversity 

jurisdiction under 28 U.S.C. § 1332. This action is removable to this Court pursuant to the 

provisions of 28 U.S.C. §1441(b) because Plaintiff is a citizen of the State of Texas, and 

Defendant is incorporated in the State of Oklahoma with its principal place of business in 

California. 

7. As the Court is certainly aware, for diversity purposes, a person is considered a 

citizen of the state where that person is domiciled. Plaintiff is a person and domiciled in Texas. 

A corporation is treated as a citizen of the state in which it is incorporated and the state in which 

it has its principal place of business. As noted above, McCorkle Truck Line Inc. is incorporated 

in the State of Oklahoma and has its principal place of business in Oklahoma. Defendant Donald 

Clear is a resident of the State of Kansas. 

9. Because the Plaintiff and the Defendants to this suit do not share citizenship in 

any state, removal is proper on diversity grounds.

10. Defendants are now and were at the time the removed action was commenced, 

diverse in citizenship from the Plaintiff. 28 U.S.C. § 1332. Accordingly, because this notice of 

removal has been filed within thirty days after the receipt of a copy of the initial pleading setting 

forth the claim for relief, this removal is proper and timely under 28 U.S.C. §1446(b).

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 2 of 52 PageID 2
DEFENDANT’S NOTICE OF REMOVAL - Page 3

11. Further, as set forth in Plaintiff’s Original Petition, filed with these pleadings here 

today, the amount in controversy in this action exceeds, exclusive of interest and costs, the sum 

of $250,000. Thus, the amount in controversy meets the threshold for removal.

12. The United States District Court for the Northern District of Texas, Dallas 

Division, embraces Dallas, Texas, the place where the state court action was filed and is pending. 

This statement is not meant as a waiver of any argument that venue is improper in the location in 

which the state court action was filed, but merely demonstrates the propriety of removing the 

action to this federal judicial district.

13. All pleadings, process, orders, served upon Defendants or issued by the state court 

are attached to this Notice as Exhibit “A” as required by 28 U.S.C. § 1446(a). No other motions 

are pending before the state court.

14. Defendant will promptly file a copy of this Notice with the clerk of the state court 

in which the action is pending.

III.

REQUEST FOR JURY TRIAL

18. Defendant hereby demands a trial by jury in accordance with the provisions of 

FED. R. CIV. P. 38.

WHEREFORE, PREMISES CONSIDERED, McCorkle Truck Line Inc., as a party in 

diversity with the Plaintiff, respectfully requests that this action be immediately and entirely 

removed upon filing of this Notice of Removal to the United States District Court for the 

Northern District of Texas, Dallas Division, and for such other and further relief to which it may 

show itself to be justly entitled in equity or law.

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 3 of 52 PageID 3
DEFENDANT’S NOTICE OF REMOVAL - Page 4

Respectfully submitted,

/s/ Michael P. Sharp

 

MICHAEL P. SHARP

State Bar No. 00788857

msharp@feesmith.com

ROBYN M. WISE

State Bar No. 24044002

rwise@feesmith.com

Three Galleria Tower

13155 Noel Road, Suite 1000

Dallas, Texas 75240

(972) 934-9100 Telephone 

(972) 934-9200 Facsimile 

ATTORNEYS FOR DEFENDANT 

MCCORKLE TRUCK LINE INC.

CERTIFICATE OF SERVICE

The undersigned hereby certifies that on May 25, 2022, I electronically filed the 

foregoing document with the Clerk of the Court for the U.S. District Court, Northern District of 

Texas – Dallas Division, using the electronic case filing system of the Court. The electronic 

filing system sent a “Notice of Electronic Filing” to the following attorneys of record who have 

consented in writing to accept this Notice as service of this document by electronic means as 

follows:

Via E-File:

Larry Rolle

ROLLELAW

2030 Main Street

Suite 200

Dallas, TX 75201

larryr@rbrl.com

Attorneys for Plaintiff

/s/ Michael P. Sharp

MICHAEL P. SHARP 

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 4 of 52 PageID 4
INDEX OF PLEADINGS FILED IN THE STATE COURT ACTION PAGE 1

NII.11893

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS 

DALLAS DIVISION

JAVONTE ALEXANDER, 

 

 Plaintiff,

v.

DONALD CLEAR and 

MCCORKLE TRUCK LINE INC., 

 Defendants.

§

§

§

§

§

§

§

§

§

§

CIVIL ACTION NO. 3:22-cv-1144

JURY

INDEX OF PLEADINGS FILED IN THE STATE COURT ACTION

TO THE UNITED STATES DISTRICT CLERK:

Pursuant to 28 U.S.C. § 1447(b), attached hereto are the following complete true and 

correct copies of all documents filed in the state court action:

1. Plaintiff’s Original Petition (1.21.22)

2. Citation to Donald Clear (1.21.22)

3. Request to Issue Citation to McCorkle (1.28.22)

4. Citation – McCorkle Truck Line (1.21.22)

5. Dismissal Hearing by the Court for 4-25-22 at 9am (3.28.22)

6. Order of Dismissal for Want of Prosecution (4.26.22)

7. Notice of Order of Dismissal for Want of Prosecution (4.26.22)

8. Plaintiff’s Motion to Reinstate (04.27.22)

9. Conformed Order granting Plaintiff’s Verified Motion to Reinstate (05.19.22)

10. Affidavit Return of Service of Citation regarding McCorkle Truck Line (served 

4.28.22) (05.06.22)

11. Certificate of Conference - Plaintiff’s Motion to Reinstate (05.09.22)

12. Notice of Hearing - Plaintiff’s Motion to Reinstate set 05.19.22 at 1045am

(05.09.22)

13. Conformed Order granting Plaintiff’s Motion to Reinstate (05.19.22)

14. Court Notice regarding Reinstatement and Dismissal for Want of Prosecution date 

set 06.13.22 at 9am – (further requests will be denied) (05.19.22)

15. Defendant McCorkle’s Original Answer and Jury Demand (05.23.22)

16. Uniform Scheduling Order (05.23.22)

17. Letter from Court to attorney Larry Rolle re Scheduling Order available online 

(05.23.22)

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 5 of 52 PageID 5
INDEX OF PLEADINGS FILED IN THE STATE COURT ACTION PAGE 2

18. Letter from Court to attorney Michael Sharp re Scheduling Order available online 

(05.23.22)

19. Letter from Court to attorney Larry Rolle re Jury Trial reset to 07.10.23 at 9am 

(05.23.22)

20. Letter from Court to attorney Michael Sharp re Jury Trial reset to 07.10.23 at 9am 

(05.23.22)

Respectfully submitted,

 /s/ Michael P. Sharp

MICHAEL P. SHARP

State Bar No. 00788857

Email: msharp@feesmith.com

ROBYN M. WISE

State Bar No. 24044002

Email: rwise@feesmith.com

FEE, SMITH, SHARP & VITULLO, L.L.P

Three Galleria Tower

13155 Noel Road, Suite 1000

Dallas, Texas 75240

Tel: 972-934-9100

Fax: 972-934-9200

ATTORNEYS FOR DEFENDANT

MCCORKLE TRUCK LINE INC.

CERTIFICATE OF SERVICE

In accordance with the Federal Rules of Civil Procedure, I hereby certify that on May 25, 

2022 a true and correct copy the foregoing instrument was served on the following counsel of

record authorized by Federal Rule of Civil Procedure 5(b)(2):

Via E-Service:

Larry Rolle

ROLLELAW

2030 Main Street

Suite 200

Dallas, TX 75201

larryr@rbrl.com

Attorneys for Plaintiff

 /s/ Michael P. Sharp

MICHAEL P. SHARP

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 6 of 52 PageID 6
FILED

1/21/2022 5:08 PM

FELICIA PITRE CIT ESERVE DISTRICT CLERK DALLAS 00., TEXAS

Elaine Sosebee DEPUTY DC-22-00884 NO.

JAVONTE ALEXANDER, IN THE DISTRICT COURT

Plaintiff, 92nd V. JUDICIAL DISTRICT DONALD CLEAR and MCCORKLE TRUCK LINE, INC., Defendants. DALLAS COUNTY, TEXAS

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

TO THE HONORABLE JUDGE OF SAID COURT: NOW COME AVONTE ALEXANDER, hereinafterreferred to as Plaintiff, complaining of

and about DONALD CLEAR and MCCORKLE TRUCK LINE, INC., hereinafter referred to as

Defendants, and for cause of action show unto the Court the following: DISCOVERY CONTROL PLAN LEVEL

Plaintiffintends that discovery be conducted under Discovery Level 2. Plaintiffseeks

only monetary damages ofover $250,000.00, including damages, of any kind, penalties, costs, prejudgment

interest and attorney fees.

PARTIES AND SERVICE

2. PlaintiffJAVONTE ALEXANDER is an individual residing in Fort Worth, Texas.

3. The last three numbers of JAVONTE ALEXANDER'S social security number are

958.

4. Defendant DONALD CLEAR is an individual who is resident ofTexas and may be

served with process at 5402 NE 43rd Ter, Kansas City, MO 64117, or whereverthey may be found.

Service of said Defendant as described above can be effected by personal delivery.

5. Defendant MCCORKLE TRUCK LINE, INC. is foreign corporation doing business

PLAINTIFF’S ORIGINAL PETITION and REQUEST FOR DISCLOSURE Page

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 7 of 52 PageID 7
in the State ofTexas, may be served with process through theirregistered agent, Vic H. Henry, 1700

Pacific Avenue, Suite 2700, Dallas, TX 75201, or Wherever they may be found. Service of said

Defendant as described above can be effected by personal delivery.

JURISDICTION AND VENUE

6. The subject matter in controversy is within the jurisdictional limits ofthis court.

7. This court has jurisdiction over the parties because the Motor Vehicle Accident

occurred in Texas.

8. Venue in Dallas County is proper

in this cause under Section 15.002(a)(1) of the

Texas Civil Practice and Remedies Code because all or substantial part ofthe events or omissions

giving rise to this lawsuit occurred in this county.

FACTS

9. On or about January 22, 2020, Plaintiff JAVONTE ALEXANDER was traveling

southbound on the Interstate 35 Highway in the left south of the Empire Drive Exit. Defendant

DONALD CLEAR was driving an l8-wheeler and was traveling in the same direction as Plaintiffin

the middle lane when he failed to maintain single lane of traffic striking the passenger side of

Plaintiff” vehicle. Due to the violent impact, Plaintiff could not regain control of his vehicle and

collided with the concrete barriers of the highway.

10. At all times relevant to the incident made the basis of this lawsuit; Defendant

DONALD CLEAR operated company’s truck which was owned by Defendant MCCORKLE

TRUCK LINE, INC. Additionally, Defendant DONALD CLEAR was an agent, servant, and/or

employee ofMCCORKLE TRUCK LINE, INC. and was in the course and scope ofhis employment

PLAINTIFF’S ORIGINAL PETITION and REQUEST FOR DISCLOSURE Page

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 8 of 52 PageID 8
with Defendant MCCORKLE TRUCK LINE, INC.

1. As result ofDefendants’ negligence, Plaintiff suffered the injuries and damages of

which are complained herein.

PLAINTIFF’S CLAIM OF NEGLIGENCE AGAINST DONALD CLEAR

12. Defendant DONALD CLEAR had duty to exercise the degree of care that

reasonably careful person would use to avoid harm to others under circumstances similar to those

described herein.

13. Plaintiff injuries were proximately caused by Defendant DONALD CLEAR‘s

negligent, careless and reckless disregard of said duty.

l4. The negligent, careless and reckless disregard of duty of Defendant DONALD

CLEAR consisted of, but is not limited to, the following acts and omissions:

A. In that Defendant DONALD CLEAR failed to keep properlookout for Plaintiffs' safety that would have been maintained by person of ordinary prudence under the same or similar circumstances;

B. In that Defendant DONALD CLEAR failed to maintain clear and

reasonable distance between Plaintiff’s motor vehicle and Defendant MCCORKLE TRUCK LINE, INC.’s vehicle in violation of Texas Transportation Code §545.062;

C. In that Defendant DONALD CLEAR failed to keep such distance away from

Plaintiff motor vehicle as person using ordinary prudent care would have done; and

D. In that Defendant DONALD CLEAR failed to apply her brakes to MCCORKLE TRUCK LINE, INC.’ vehicle in timely and prudent manner and/or wholly failed to apply his brakes.

E. In that Defendant DONALD CLEAR failed to maintain single lane of

traffic.

PLAINTIFF’S ORIGINAL PETITION and REQUEST FOR DISCLOSURE Page

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 9 of 52 PageID 9
PLAINTIFF'S CLAIM OF NEGLIGENT ENTRUSTMENT AND RESPONDEAT

SUPERIOR AGAINST MCCORKLE TRUCK LINE, INC.

15. On January 22, 2020, Defendant MCCORKLE TRUCK LINE, INC. was the owner

of the vehicle operated by Defendant DONALD CLEAR.

16. Defendant MCCORKLE TRUCK LINE, INC. entrusted the vehicle to DONALD

CLEAR, reckless, incompetent, or unlicensed driver.

l7. Defendant MCCORKLE TRUCK LINE, INC. knew, or through the exercise of

reasonable care should have known, that DONALD CLEAR was reckless, incompetent, or

unlicensed driver.

18. As described herein, DONALD CLEAR was negligent on the occasion in question.

19. DONALD CLEAR's negligence was the proximate cause of Plaintiff’ damages.

20. Because of the acts and/or omissions of its employee, Defendant MCCORKLE

TRUCK LINE, INC. is responsible for the actions and/or omissions of its employee under the

doctrine ofrespondeat superior and/0r vicarious liability.

DAMAGES FOR PLAINTIFF JAVONTE ALEXANDER

21. As direct and proximate result of the occurrence made the basis of this lawsuit,

Plaintiff, JAVONTE ALEXANDER was caused to suffer severe injuries, and to incurthe following

damages:

A. Reasonable medical care and expensesin the past. These expenses were

incurred by Plaintiff, AVONTE ALEXANDER for the necessary care and

treatment ofthe injuries resulting from the accident complained ofherein and

such charges are reasonable and were usual and customary chargesfor such

services in Dallas County, Texas;

B. Reasonable and necessary medical care and expenses which will in all

reasonable probability be incurred in the future;

PLAINTIFF’S ORIGINAL PETITION and REQUEST FOR DISCLOSURE Page

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 10 of 52 PageID 10
C. Physical pain and suffering in the past;

D. Physical pain and suffering in the future;

E. Physical impairment

in the past;

F. Physical impairment which, in all reasonable probability, will be suffered in

the future;

G. Mental anguish in the past;

H. Mental anguish in the future;

I. Lost wages; and

J. Property Damage.

RULE 193.7 NOTICE

22. Pursuant to Rule 193 of the Texas Rules of Civil Procedure, Plaintiff hereby give

actual notice to Defendants that any and all documents and materials produced in response to written

discovery may be used as evidence in this case; and, that any such materials used as evidence against

the party producing the document at any pretrial proceeding and/or at the trial ofthis matter Without

the necessity of authenticating the documents and/or materials produced in discovery.

DISCLOSURE REQUEST

A. Requestfor Disclosure

Defendants are hereby requested to disclose, within thirty (30) days of service of this petition and incorporated request, the information or material described in Rule 194.2(a)-

(i) of the Texas Rules of Civil Procedure, to the undersigned counsel of record for Plaintiff.

PLAINTIFF’S ORIGINAL PETITION and REQUEST FOR DISCLOSURE Page

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 11 of 52 PageID 11
PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff, JAVONTE ALEXANDER

respectfully pray that the Defendants be cited to appear and answer herein, and that upon final

hearing ofthe cause, judgment be entered for the Plaintiffagainst Defendants, jointly and severally,

for damagesin an amount within the jurisdictionallimits of the Court; together with pre-judgment

interest at the maximum rate allowed by law; post-judgmentinterest at the maximum legal rate; costs

of court; and such other and furtherreliefto which the Plaintiffs may be entitled at law or in equity.

Respectfully submitted, ROLLELAW

/s/La Rolle LARRY ROLLE

State Bar No. 17212600

lat—HEW 2030 Main Street, Suite 200 Dallas, Texas 75201 Tel: (214) 742-8897

Fax: (214) 637-6872 Attorney for Plaintiff

PLAINTIFF’S ORIGINAL PETITION and REQUEST FOR DISCLOSURE Page

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 12 of 52 PageID 12
FORM NO. 353-3 CITATION

THE STATE OF TEXAS

To: DONALD CLEAR

5402 NE 43RD TERRACE KANSAS CITY MO 64117

GREETINGS: You have been sued. You may employ an attorney. If you or your attorney do not file written Answer with the clerk who issued this citation by 10 o'clock a.m. of the Monday next following the expiration of twenty days after you were served this citation and petition, default judgment may be taken

against you. In addition to filing written answer with the clerk, you may be required to make initial disclosures to the other parties of this suit. These disclosures generally must be made no later than 30 days after you file your answer with the clerk. Find out more at TexasLawHelp.org. Your answer should be addressed to the clerk ofthe 192nd District Court at 600 Commerce Street, Ste. 101, Dallas, Texas 75202.

Said Plaintiff being JAVONTE ALEXANDER

Filed in said Court 21st day of January, 2022 against DONALD CLEAR AND MCORKLE TRUCK LINE, INC.

For Suit, said suit being numbered DC—22—00884, the nature ofwhich demand is as follows: Suit on MOTOR VEHICLE ACCIDENT etc. as shown on said petition, copy ofwhich accompanies

this citation. If this citation is not served, it shall be returned unexecuted. WITNESS: FELICM PITRE, Clerk of the District Courts ofDallas, County Texas. Given under my hand and the Seal of said Court at office this 28th day ofJanuary, 2022.

ATTEST: FELICIA PITRE, Clerk of the District Courts ofDallas, County, Texas

“giggin- gm,

By

i512? {5:8-

,Deputy a,..-,~;.~ CARLENIA BOULIGNY 2%. 5‘

ESERVE

CITATION

DC-22-00884

JAVONTE ALEXANDER

Vs. DONALD CLEAR, et al

ISSUED THIS

28th day of January, 2022

FELICIA PITRE Clerk District Courts, Dallas County, Texas

By: CARLENIA BOULIGNY, Deputy

Attorney for Plaintiff LARRY ROLLE ROLLE LAW

2030 MAIN STREET SUITE 200 DALLAS TX 75201 214-742-8897

larryr@rbrl.com DALLAS COUNTY SERVICE FEES NOT PAID

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 13 of 52 PageID 13
OFFICER'S RETURN

Case No. DC-22-00884 Court No.192nd District Court

Style: AVONTE ALEXANDER

Vs. DONALD CLEAR, et a1

Came to hand on the day of 20 at o'clock .M. Executed at within the County of at o'clock .M. on the

day of 20 by delivering to the within named

Each in person, true copy of this Citation together with the accompanying copy of this pleading, having first endorsed on same date of delivery. The distance actually traveled by me in serving such process was miles and my fees are as follows: To certify which witness my hand.

For serving Citation

For mileage of County, For Notary by Deputy

(Must be verified if served outside the State of Texas.)

Signed and sworn to by the said before me this day of 20

To certify which witness my hand and seal of office.

Notary Public County

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 14 of 52 PageID 14
ClT/ESERVE

LARRY ROLLE Board Certified-Personal Injury Trial Law

*Texas Board ofLegal Specialization

Via Electronic Service

162ml Judicial District Court George L. Allen, Sr. Courts Bldg. 600 Commerce Street Dallas, Texas 75202

RolleLaw

ATTORNEYS AT LAW

2030 MAIN STREET, SUITE 200 DALLAS, TEXAS 752014420

214-742-8897 FAX 214-637-6872 www.RBWattomeys.com

January 28, 2022

Re: Cause Number DC-22-00884

JAVONTE ALEXANDER vs. DONALD CLEAR and MCCORKLE TRUCK LINE,

INC.,

Dear Clerk:

FILED

1/28/2022 4:41 PM

FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS

Alicia Mata DEPUTY

CHAD W. EATON

Associate Attorney HEATHER V. BANAHAN NEASE

Associate Attorney

Citation is being requested for Defendant MCCORKLE TRUCK LINE, INC., who may be

served with Register Agent Vic H. Henry, 1700 Pacific Ave., Suite 2700, Dallas, TX 75201 Can you please forward to me Via e-mail natalyr@rbrl.com for service by private process

server.

Your attention to this matter is greatly appreciated.

Very Truly Yours,

Rolle Law

207m

Nataly Rojas Paralegal to Larry Rolle

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 15 of 52 PageID 15
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

certificate of service that complies with all applicable rules.

Nataly Rojas on behalf of Lawrence Rolle Bar No. 17212600 natalyr@rbrl.com

Envelope ID: 61272694

Status as of 2/2/2022 10:02 AM CST

Associated Case Party: JAVONTE ALEXANDER

Name BarNumber Email TimestampSubmitted Status

LARRY ROLLE larryr@rbrl.com 1/28/2022 4:41:32 PM SENT

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 16 of 52 PageID 16
FORM NO. 353-3 CITATION

THE STATE OF TEXAS

To: MCCORKLE TRUCK LINE, INC. BY SERVING ITS REGISTERED AGENT, VIC H. HENRY

1700 PACIFIC AVENUE, SUITE 2700 DALLAS, TEXAS 75201

GREETINGS: You have been sued. You may employ an attorney. If you or your attorney do not file written answer with the

clerk who issued this citation by 10 o'clock am. of the Monday next following the expiration of twenty days after you were served this citation and petition, default judgment may be taken against you. In addition to filing written answer with the clerk, you may be required to make initial disclosures to the other parties of this suit. These disclosures generally must be made no later than 30 days after you file your answer with the clerk. Find out more at TexasLawHelp.org. Your answer should be addressed to the clerk of the 192nd District Court at 600 Commerce

Street, Ste. 101, Dallas, Texas 75202.

Said Plaintiff being JAVONTE ALEXANDER

Filed in said Court 21st day of January, 2022 against DONALD CLEAR AND MCCORKLE TRUCK LINE, INC.

For Suit, said suit being numbered DC-22-00884, the nature ofwhich demand is as follows: Suit on MOTOR VEHICLE ACCIDENT etc. as shown on said petition AND REQUEST FOR DISCLOSURE, copy ofwhich accompanies

this citation. Ifthis citation is not served, it shall be

returned unexecuted. WITNESS: FELICLA PITRE, Clerk ofthe District Courts ofDallas, County Texas. Given under my hand and the Seal of said Court at office this 3rd day of February, 2022.

ATTEST: FELICIA PITRE, Clerk ofthe District Courts ofDallas, County, Texas

“mum,”

§‘°\‘Q‘..P“lfl’0’9fi "fa By ,Deputy 1?-

v' 3‘5. ANGELA CONEyfl’V

3.9:...

ESERVE

CITATION

DC-22—00884

JAVONTE ALEXANDER

VS. DONALD CLEAR, et al

ISSUED THIS

3rd day of February, 2022

FELICIA PITRE Clerk District Courts, Dallas County, Texas

By: ANGELA CONEJO, Deputy

Attorney for Plaintiff LARRY ROLLE

ROLLE LAW

2030 MAIN STREET, SUITE 200 DALLAS, TEXAS 75201 214-742-8897

larryr@rbrl.com DALLAS COUNTY SERVICE FEES NOT PAID

b.7112"- K”?

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 17 of 52 PageID 17
Case No. DC-22-00884

Court No.192nd District Court

Style: JAVONTE ALEXANDER

vs. DONALD CLEAR, et a1

OFFICER'S RETURN

Came to hand on the day of 20 at o'clock .M. Executed at within the County of at o'clock .M. on the day of

20 by delivering to the within named

each in person, true copy ofthis Citation together with the accompanying copy of this pleading, having first endorsed on same date of delivery. The distance actually traveled by me in serving such process was

For serving Citation

For mileage

For Notary

Signed and sworn to by the said

to certify which witness my hand and seal of office.

miles and my fees are as follows: To certify which witness my hand.

of County, By Deputy

(Must be verified if served outside the State of Texas.)

before me this day of 20

Notary Public County

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 18 of 52 PageID 18
QfiY3

192m District Court George Allen, Sr. Courts Building

600 Commerce Street Suite 740 Dallas, Texas 75202-4627

Telephone 214-653-7709

LARRY ROLLE ROLLE LAW

2030 MAIN STREET SUITE 200 DALLAS TX 75201 March 24, 2022

RE: DC-22-00884

JAVONTE ALEXANDER vs. DONALD CLEAR, et a1

Dear Counsel:

dismissal hearing is now set for

04/25/2022 9:00 A.M. BY SUBMISSION

Please take the following action priorto the hearing:

if you intend to pursue this matter, issue and serve citation upon Defendant(s).

if you do not intend to pursue this matter, file nonsuit or dismissal.

provide this Court with MOTION RETAIN PROPOSED ORDER as to

the status ofthis case.

Failure to comply with the foregoing, without presenting good and sufficient cause to the court, will result in this matter being dismissed for want of Prosecution on 04/25/2022 9:00 a.m., pursuant

to Texas Rule of Civil Procedure 165a.

Sincerely,

Judge Kristina Williams

192ml DISTRICT COURT DALLAS COUNTY, TEXAS

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 19 of 52 PageID 19
192m District Court GEORGE L. ALLEN, SR. COURTS BUILDING

600 COMMERCE STREET DALLAS, TEXAS 75202

CAUSE NO. DC-22-00884

JAVONTE ALEXANDER

vs. DONALD CLEAR, et a1

ORDER OF DISMISSAL FOR WANT OF PROSECUTION

P1aintiff(s) having failed to take certain action heretofore specified by the court Within the

time period prescribed, and having not disposed of this case, the court finds that the cause should

be dismissed for want of prosecution pursuantto Tex. R. Civ. P. 165a. The Court finds that Plaintiff was duly notified of dismissal hearing set 04/25/2022 at 9:00 AM and did not take the necessary action. Accordingly,

IT IS ORDERED that the case is dismissed for want of prosecution with costs taxed

against Plaintiff, for which execution issue. This is final, appealable judgment, which disposes of all parties and claims in this case.

Signed this day of 2022.

4/25/2022 3:35:28 PM

\1/

'x k.

I} 'l Loy /v’- cu

Judge Kristina Williams

192ml District Judge

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 20 of 52 PageID 20 Kb
FELICIA PITRE DISTRICT CLERK DALLAS COUNTY

600 COMMERCE, IST FLOOR DALLAS, TEXAS 75202-4606

Apri126, 2022

LARRY ROLLE ROLLE LAW

2030 MAIN ST STE 200 DALLAS TX 75201 NOTICE OF ORDER OF DISMISSAL FOR WANT OF PROSECUTION

CAUSE NO. DC—22—008 84

JAVONTE ALEXANDER

Plain”ms)’

In the Dlstrlct Court

V. ofDallas County, Texas DONALD CLEAR

Defendant(s) 192nd District Court

TO WHOM IT MAY CONCERN:

In accordance with the provisions of Rule 165 (a) of the Texas Rules of Civil Procedure,

you are hereby notified that an Order for Dismissal for Want of Prosecution has been entered and

signed on 04/25/2022 in the above-referenced matter.

Respectfully, Felicia Pitre, District Clerk

Iva/”LQA

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 21 of 52 PageID 21
FILED

4/27/2022 5:11 PM

FELICIA PITRE DISTRICT CLERK DALLAS 00., TEXAS Dorothy Strogen DEPUTY CAUSE NO. DC-22-00884

JAVONTE ALEXANDER IN THE DISTRICT COURT

Plaintiff,

V. 192M) JUDICIAL DISTRICT

DONALD CLEAR and MCCORKLE

TRUCK LINE, INC., Defendants. DALLAS COUNTY, TEXAS

PLAINTIFF’S VERIFIED MOTION TO REINSTATE

TO THE HONORABLE JUDGE OF SAlD COURT:

COMES NOW JAVONTE ALEXANDER hereinafler referred to as “Plaintiff”, by and

through his attorney ofrecord, Larry Rolle, and files this Motion to Reinstate under Rule 165a of

the Texas Rules of Civil Procedure, to set aside the Order of Dismissal heretofore entered by the

Court on April 25, 2025, and to reinstate this cause of action on the docket of this Court and for would respectfully show the Court the following. FACTUAL BACKGROUNQ

This case was dismissed by an order signed April 25, 2022, for want of prosecution. As

Plaintiff’s counsel was in the process of getting Defendant served by constable based on the

Defendant’s hostility over the phone, attached hereto as Exhibit “A.” It was discovered to his

surprise the case was dismissed. Plaintist counsel did not receive notice ofdismissal in advance

for the opportunity to show action and diligence on the case. Plaintiffs failure to receive the notice

or failure to act was not intentional or the results of conscious indifference. Plaintifi’s counsel

seeks to remedy the same now. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff Javonte Alexander prays

that in

fairness and in equity, that the Order of Dismissal in this case be set aside; that the case be

reinstated on the docket of the Court, and that Plaintiff be granted such other relief to which

Plaintiffmay be entitled.

PLAINTIFF’S VERIFIED MOTION FOR REINSTATEMENT Page

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 22 of 52 PageID 22
Respectfully submitted, ROLLELAW

ls/ Larrv Rolle LARRY ROLLE

State Bar No. 17212600 2030 Main Street Suite 200 Dallas, Texas 75201 Tel: (214) 742-8897

Fax: (214) 637-6872

1arryr@rbrl.com

ATTORNEY FOR PLAINTIFF

PLAlNTlFF’S MOTION FOR REINSTATEMENT Page

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 23 of 52 PageID 23
VERIFICATION

STATE OF TEXAS

COUNTY OF DALLAS

On this day, Larry R0116, personally appeared before me, the undersigned Notary Public, and swears upon his oath that he has read the foregoing Plaintiff’s Motion for Reinstatement and

the facts stated are within his personal knowledge and are true and correct.

1%” Kw- YROLLE

SUBSCRIBED AND SWORN To BEFORE ME on this may of April 2022, to

certify which witness my hand and seal ofoffice.

the State of Texas

PLAINTIFF’S MOTION FOR RElNSTATEMENT Page

Notary Publi and

NATALY ROJAS My Notary ID

132395362

Expires March 9, 2024

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 24 of 52 PageID 24
EXHIBIT “A”

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 25 of 52 PageID 25
IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI

AFFIDAVIT

I. 1%Qkk‘ ‘2:le oflawful age, being first duly sworn, on my oath state that am

Deputy Court Admmistrator employed as process server for the Circuit Court of JACKSON County, Missouri: that the Court Administrator is vested with the authority to execute process in JACKSON County pursuant to Article VI ofthe JACKSON County, Missouri Constitutional Home Rule Charter; and that executed this CITATION PLAINTIFF'S ORIGINAL PETITION AND REQUEST

FOR DISCLOSURE in JACKSON County, Missouri.

III PERSONAL SERVICE: By delivering copy of same personally to defendant

MEMBER OF FAMILY: By leaving copy thereof at the dwelling place or usual place of abode ofthe within-named defendant, by leaving with who stated he/she was member ofthe defendant’s family over the age of 15 years. [I CORPORATION-PERSON IN CHARGE: By leaving copy of same at the business oflice ofthe wifliin-named corporation, with who said he/she was

the person having charge thereof. CORPORATION-OFFICER OR AGENT: By delivering copy of same to the within-named corporation, by serving who said he/she was m/NON-EST: By making diligent search for and

failing

to find the wi -named

,for thereason that yw-3 54’ \‘YL‘fi! 31343656.: 4/w/Z/~ 42:24“

Place of Service: Date of Service: COURT ADMINISTRATOR’S OFFICE

Time of Service: [I AM [I PM Department of Civil Process

CIRCéJzF

JACKSON finty, M0

By: ’7 WIS/W

Subscribed and sworn to before me on

DOBRIJELARIBAR

tsswn Wee yrARY

PUBLIC“ August 16, 2022

My Commission Expires:

mi 1-}:

-. .rn.

,, ggmfi

Commission #18801024

DC—22—00884 page of sum/2014)

CASE DESCRIPTION:

JAVONTE ALEXANDER vs DONALD CLEAR

COURT CASE NUMBER: DC—22—00884 FOREIGN CASE NUMBER:

EYE

NOTARY

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 26 of 52 PageID 26
E!" THE STATE OF TEXAS ’5' ”ML ""0538 FORM NO. 353-3- CITATION REC.‘;.:APR.. was To: DONALDCLEAR 5402NE43RD TERRACE KANSAS CITY MO 64117 GREETINGS: Youhave been sued. You may employ an attorney. Ifyou or your attorney do not file written AnsWer with the clerk who issued this citation by 10 o'clock am. ofthe Monday next following the expiration oftwenty days after you were served this citation and petition, defaultjudgment may be taken against you. In addition to filing written answerwith the clerk, you may be required to make initial disclosures to the other parties ofthis suit. These disclosures generally must be made no laterthan 30 days after you file your answerwith the clerk. Find out more at TexasLawHelp.org. Your answer should be addressed to the clerk ofthe 19211:! District Court at 600 Commerce Street, Ste. 101, Dallas, Texas 75202. Said Plaintifi'being JAVONTE ALEXANDER Filed in said Count 213’: day ofJanuary, 2022 against DONALD CLEARAND MCORKLE TRUCKLINE, INC. For Suit, said suit being numberedDC-22-00884,the nature ofwhich demand is as follows: Suit on MOTORVEHICLE ACCIDENT etc. as shown on said petition, copy ofwhich accompanies this citation. Ifthis citation is not served, it shall be returned unexecuted. WITNESS: FELICIA PITRE, Clerk ofthe District Courts ofDallas, County Texas. Given under my hand and the Seal ofsaid Court at office this 28th day ofJanuary, 2022. ATTEST: FELICIA PITRE, Clerk ofthe District Courts ofDallas, County, Texas .. -., .. .. ESERVE CITATION DC-22-00884 mm JAVONTE ALEXANDER Vs. DONALD CLEAR, et al ISSUED THIS 28th day ofJanuary, 2022 FELICIAPITRE Clerk District Courts, Dallas County, Texas By: CARLENIA BOULIGNY, Deputy Attorney for Plaintiff LARRY ROLLE ROLLE LAW 2030 MAIN STREET SUITE 200 DALLAS TX 75201 14-742-8897 larryr@rbrl.eom DALLAS COMM" SERVICE FEES NOT PAID 2% WW ‘uE CARLENIA BOULIGNY ‘7': “U1 ‘8le AN

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 27 of 52 PageID 27
OFFICER'S RETURN CaseNo.: DC—22-00884 Court No.192nd District Court Style: JAVONTE ALEXANDER Vs. DONALD CLEAR. et a1 Camto hand on the day of 20 at o'clock .M. Executed at within the County of at o'clock .M. on the day of 20 by delivering to the within named Each in person, true copy ofthis Citation together with the accompanying copy ofthis pleading, having first endorsed on same date of delivery. The distance actually traveled by me in serving such process was miles and my fees are as follows: To certify which witness my hand. For serving Citation For mileage of County, For Notary by Deputy (Must be verified if served outside the State ofTexas.) Signed and sworn to by the said before me this day of 20 To certifywhichwittmsmyhandandsealofofiice. Notary Public Cmmty -‘vvF~-—xu..’v w—-..- «v

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 28 of 52 PageID 28
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

certificate of service that complies with all applicable rules.

Nataly Rojas on behalf of Lawrence Rolle Bar No. 17212600 natalyr@rbrl.com

Envelope ID: 63977245

Status as of 4/28/2022 9:01 AM CST

Associated Case Party: JAVONTE ALEXANDER

Name BarNumber Email TimestampSubmitted Status

LARRY ROLLE larryr@rbrl.com 4/27/2022 5:11:09 PM SENT

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 29 of 52 PageID 29
CAUSE NO. DC-22—00884

JAVONTE ALEXANDER IN THE DISTRICT COURT

Plaintiff,

V. 192ND JUDICIAL DISTRICT DONALD CLEAR and MCCORKLE TRUCK LINE, INC., Defendants. DALLAS COUNTY, TEXAS

ORDER ON PLAINTIFFS’ VERIFIED MOTION TO REINSTATE

ON THIS DATE, the Court considered Plaintiffs’ Verified Motion to Reinstate. Having

read Plaintiff’s Verified Motion and heard argument of Counsel, the Court determines Plaintiffs’

Verified Motion is well-taken and should be GRANTED.

IT IS THEREFORE ORDERED this matter is hereby REINSTATED on the Court’s trial

docket Further motions to reinstate will be denied.

5/19/2022 9:20:11 AM

SIGNED this day of 2022.

“3/ li’ {CL/WW”

JUDGE'PRESIfiING

ORDER ON PLAINTIFF’S VERIFIED MOTION TO RElNSTATE SOLO PAGE

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 30 of 52 PageID 30
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

certificate of service that complies with all applicable rules.

Nataly Rojas on behalf of Lawrence Rolle Bar No. 17212600 natalyr@rbrl.com

Envelope ID: 63977245

Status as of 4/28/2022 9:01 AM CST

Associated Case Party: JAVONTE ALEXANDER

Name BarNumber Email TimestampSubmitted Status

LARRY ROLLE larryr@rbrl.com 4/27/2022 5:11:09 PM SENT

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 31 of 52 PageID 31
FILED

5/6/2022 2:11 PM

FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS

SADAF RAJPUT DEPUTY N0. DC—22-00884

lAVONT ALEXANDER, IN THE DISTRICT COURT PIaIntiff,

V. 192NDJUDICIAL DISTRICT

DONALD CLEAR and MCCORKLE TRUCK LINE. INC.. Defendants. DALLAS COUNTY. TEXAS

AFFIDAVIT OF SERVICE

0n this day personally appeared TODD CUMMINGS who, being by me duIy sworn, deposed and sald:

"The foIIowIng came to hand on April 27. 2022, 5:35 PM:

CITATION: PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE,

and was executed at 1700 PACIFIC AVE SUITE 2700. DALLAS, TX 75201 within the county of DALLAS at 03:05 PM on

Thursday. April 28. 2022, by delivering true copy to the within named MCCORKLE TRUCK LINE, INC. BY AND THROUGH ITS REGISTERED AGENT, VIC H. HENRY (ACCEPTED BY ARMIDA MORENO, AUTHORIZED RECIPIENT)

in person, having first endorsed the date of delivery on same.

am person over eighteen (18) years of age and am competent

to make this affidavit am resident ofthe State of Texas. am familiar with the Texas Rules of Civil Procedure as they apply to service of Process. am not party to this

suit nor related or affiliated wiflr any he rein, and have no interest in the outcome ofthe suit. have never been convicted of felony or of misdemeanor involving moral turpitude. have personal knowledge of the facts stated herein and they are true and correct.“

TODD CUMMle

Certification Number: 13464 Certification Expiration: 01/31/2024

BEFORE ME, Notary Public, on this day personally appeared TODD CUMMINGS, known to me to be the person whose name is subscribed to the foregoing document and, being by me first duly sworn, declared thatthe statements therein

contained are within his or her personal knowledge and are true and correct.

SUBSCRIBED AND swonu To ME 0N 5' (2b 102;

ic. State ofTexas

TAYLOR DELANEY HYLTON Notary ID #133560154‘ My Commission Expires

January 31, 2026

\_. b«.0F

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 32 of 52 PageID 32
FORM NO. 353-3 CITATION

THE STATE 0F TEXAS

To: MCCORKLE TRUCK LINE, INC. BY SERVING ITS REGISTERED AGENT, VIC H. HENRY

1700 PACIFIC AVENUE, SUITE 2700 DALLAS, TEXAS 75201 GREETINGS: You have been sued. You may employ an attorney. If you or your attorney do not file written answer with the

clerk who issued this citation by 10 o'clock a.m. of the Monday next following the expiration of twenty days afier you were served this citation and petition, default

judgment may be taken against you. In addition to filing written answer with the clerk, you may be required to make initial disclosures to the other parties of this suit. These disclosures generally must be made no later than 30 days after you file your answer with the clerk. Find out more at TexasLawHelp.org. Your answer should be addressed to the clerk of the 192nd District Court at 600 Commerce

Street, Ste. 101, Dallas, Texas 75202.

Said Plaintifi‘being JAVONTE ALEXANDER

Filed in said Court 21st day of January, 2022 against DONALD CLEAR AND MCCORKLE TRUCK LINE, INC. For Suit, said suit being numbered DC-22—00884, the nature ofwhich demand is as follows: Suit on MOTOR VEHICLE ACCIDENT etc. as shown on said petition AND REQUEST FOR DISCLOSURE, copy of which accompanies this citation. Ifthis citation is not served,

it shall be

returned unexecuted. WITNESS: FELICIA PITRE, Clerk ofthe District Courts ofDallas, County Texas. Given under my hand and the Seal of said Court at office this 3rd day of February, 2022. ATTEST: FELICIA PITRE, Clerk ofthe District Courts ofDallas, County, Texas

By ANGELA CONEJ

ESERVE

CITATION

DC-22—00884

JAVONTE ALEXANDER

vs. DONALD CLEAR, et al

ISSUED THIS

3rd day of February, 2022

FELICIA PITRE

Clerk District Courts, Dallas County, Texas

By: ANGELA CONEJO, Deputy

Attorney for Plaintiff LARRY ROLLE

ROLLE LAW

2030 MAIN STREET, SUITE 200 DALLAS, TEXAS 75201 214-742-8897

larg-rgarbrlxom DALLAS COUNTY SERVICE FEES NOT PAID

'1‘!!!“ Deputy at}<9s?

i. 4,-1- ...-

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 33 of 52 PageID 33
Case No.: DC-22-00884

Court No. 192nd District Court

Style: JAVONTE ALEXANDER

VS.

OFFICER'S RETURN

DONALD CLEAR, et al

Came to hand on the day of 20 at o'clock .M. Executed at within the County of at o'clock .M. on the day of 20 by delivering to the within named

each in person, true copy ofthis Citation together with the accompanying copy of this pleading, having first endorsed on same date ofdelivery. The distance actually traveled by me in serving such process was miles and my fees are as follows: To certify which witness my hand.

For serving Citation

For mileage of County. For Notary By Deputy

(Must be verified if served outside the State ofTexas.)

Signed and sworn to by the said before me this day of 20

to certify which witness my hand and seal ofoffice.

Notary Public County

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 34 of 52 PageID 34
FILED

5/9/2022 4:40 PM

FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Martin Reyes DEPUTY

CAUSE NO. DC-22—00884

JAVONTE ALEXANDER

Plaintiff,

V. DONALD CLEAR and MCCORKLE TRUCK LINEM INC., Defendants.

IN THE DISTRICT COURT

192ND JUDICIAL DISTRICT

DALLAS COUNTY, TEXAS

CERTIFICATE OF CONFERENCE ON PLAINTIFF’S MOTION TO REINSTATE

The undersigned certifies that there has not been an answer filed by counsel.

Respectfully submitted, ROLLELAW

/s/ Larrv Rolle LARRY ROLLE

State Bar No. 17212600 2030 Main Street Suite 200 Dallas, Texas 75201 Tel: (214) 742-8897

Fax: (214) 637-6872

larryr@rbrl.com

ATTORNEY FOR PLAINTIFF

CERTIFICATE OF SERVICE

In accordance with the Texas Rules of Civil Procedure, hereby certify that on this 9th day of May 2022, true and accurate copy of the foregoing document was served to the Co- Defendant’s Counsel ofrecord in the above-entitled and numbered cause.

/S/Larry Rolle LARRY ROLLE

PLAINTIFF’S CERTIFICATE 0F CONFERENCE Page

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 35 of 52 PageID 35
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

certificate of service that complies with all applicable rules.

Nataly Rojas on behalf of Lawrence Rolle Bar No. 17212600 natalyr@rbrl.com

Envelope ID: 64330413

Status as of 5/10/2022 8:53 AM CST

Associated Case Party: JAVONTE ALEXANDER

Name BarNumber Email TimestampSubmitted Status

LARRY ROLLE larryr@rbrl.com 5/9/2022 4:40:20 PM SENT

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 36 of 52 PageID 36
FILED

5/9/2022 4:38 PM

FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Madison McCarrier DEPUTY

CAUSE NO. DC-22-00884

JAVONTE ALEXANDER

Plaintiff,

V. DONALD CLEAR and MCCORKLE TRUCK LINEM INC., Defendants.

IN THE DISTRICT COURT

192ND JUDICIAL DISTRICT

DALLAS COUNTY, TEXAS

NOTICE OF HEARING ON PLAINTIFF’S MOTION TO REINSTATE

Please take notice that Plaintiff’s Motion to Reinstate will be heard by the court on Max

19, 2022, at 10:45 a.m.,

located at 600 Commerce Street, 7th Floor New tower, Dallas, TX

75202.

Respectfully submitted, ROLLE LAW

/s/ Larry Rolle Larry Rolle

Texas State Bar #: 17212600

2030 Main St., Suite 200 Dallas, Texas 75201

Telephone: (214) 742-8897

Facsimile: (214) 637-6872 La rbrl.c01n Attorney for Plaintiff

CERTIFICATE OF SERVICE

This hereby certifies that true and correct copy ofthe foregoing document was forwarded

to all counsel ofrecord, pursuantto the Texas Rules ofCivil Procedure, on this the 9th day ofMay.

/s/ Larry Rolle Larry Rolle

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 37 of 52 PageID 37
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

certificate of service that complies with all applicable rules.

Nataly Rojas on behalf of Lawrence Rolle Bar No. 17212600 natalyr@rbrl.com

Envelope ID: 64330220

Status as of 5/10/2022 10:25 AM CST

Associated Case Party: JAVONTE ALEXANDER

Name BarNumber Email TimestampSubmitted Status

LARRY ROLLE larryr@rbrl.com 5/9/2022 4:38:21 PM SENT

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 38 of 52 PageID 38
Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 39 of 52 PageID 39
Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 40 of 52 PageID 40
192m District Court George Allen, Sr. Courts Building

600 Commerce Street Suite 740 Dallas, Texas 75202-4627

Telephone 214-653-7709

LARRY ROLLE ROLLE LAW

2030 MAIN ST STE 200 DALLAS TX 75201 May 19, 2022

RE: DC-22-00884

JAVONTE ALEXANDER vs. DONALD CLEAR, et a1

Dear Counsel:

dismissal hearing is now set for

06/13/2022 9:00 A.M. BY SUBMISSION

Further motions t0 reinstate will be denied

Please take the following action priorto the hearing:

if you intend to pursue this matter, issue and serve citation upon Defendant(s).

if you do not intend to pursue this matter, file nonsuit or dismissal.

provide this Court with MOTION TO RETAIN PROPOSED ORDER as to

the status ofthis case.

Failure to comply with the foregoing, without presenting good and sufficient cause to the court, will result in this matter being dismissed for want of Prosecution on 06/13/2022 9:00 a.m., pursuant

to Texas Rule of Civil Procedure 165a.

Sincerely,

Judge Kristina Williams

192ml DISTRICT COURT DALLAS COUNTY, TEXAS

KB

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 41 of 52 PageID 41
DEFENDANT’S ORIGINAL ANSWER Page 1

NII.11893

CAUSE NO. DC-22-00884

JAVONTE ALEXANDER, 

Plaintiff,

v.

DONALD CLEAR and 

MCCORKLE TRUCK LINE INC., 

Defendants.

§

§

§

§

§

§

§

§

§

§

IN THE DISTRICT COURT

192nd JUDICIAL DISTRICT

DALLAS COUNTY, TEXAS

DEFENDANT’S ORIGINAL ANSWER

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW MCCORKLE TRUCK LINE INC., Defendant named in the above entitled 

and numbered cause, and files this its Original Answer, and for same would respectfully show unto 

the Court as follows:

I.

GENERAL DENIAL 

1. Defendant denies each and every, all and singular, the material allegations contained within 

Plaintiff’s pleadings and demands strict proof thereof. 

II.

NOTICE OF SELF-AUTHENTICATION 

2. In accordance with Rule 193.7 of the Texas Rules of Civil Procedure, Defendant hereby 

provides written notice that he intends to use self-authenticated documents against Plaintiff at any 

future pretrial proceeding, trial, or appeal in this matter.

FILED

5/23/2022 8:26 AM

FELICIA PITRE

DISTRICT CLERK

DALLAS CO., TEXAS

Dorothy Strogen DEPUTY

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 42 of 52 PageID 42
DEFENDANT’S ORIGINAL ANSWER Page 2

III. 

AFFIRMATIVE DEFENSES 

3. Defendant hereby asserts the following affirmative defenses and would show that the 

damages, or liabilities of which Plaintiff complains, if any exist, are the result, in whole or in part, of 

the following: 

a. Paid or Incurred Medical Expenses: Defendant would further show that the medical 

expenses Plaintiff seeks to recover should be limited to those actually paid or incurred by or 

on behalf of the Plaintiff pursuant to Texas Civil Practice & Remedies Code §41.0105. 

b. Pre-judgment Interest: Defendant further alleges that Plaintiff’s claims for pre- judgment 

interest are limited by the damages and amounts set forth in Chapter 304 of the Texas 

Finance Code and Chapter 41 of the Texas Civil Practice and Remedies Code, as applicable 

to this. 

c. Comparative Responsibility: Defendant would show that the damages, or liabilities of 

which Plaintiff complains are the result, in whole or in part, of the negligence and/or 

negligence per se of Plaintiff. Defendant further asserts that Plaintiff was negligent with 

respect to the occurrence in question in the following manners:

x Failed to keep proper management and control of his vehicle; 

x Failed to keep a proper lookout; 

x Failed to take proper evasive action to avoid a collision; 

x Unsafely operated a motor vehicle while distracted; and 

x Traveled at an unsafe speed. 

Plaintiff’s negligence, negligence per se, fault, acts and/or omissions were the sole proximate 

cause, or in the alternative, a contributing proximate cause of this occurrence and Plaintiff’s 

damages, if any. 

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 43 of 52 PageID 43
DEFENDANT’S ORIGINAL ANSWER Page 3

d. Statute of Limitations: For further answer, and by way of affirmative defense, 

Defendant alleges that all of Plaintiff’s claims are barred by the applicable Statute of 

Limitations. 

IV. 

JURY DEMAND 

In accordance with Rule 216 of the Texas Rules of Civil Procedure, Defendant demands a 

trial by jury. A jury fee has been paid on behalf of Defendant. 

V. 

DESIGNATED EMAIL ADDRESS FOR SERVICE 

For this matter, the following is the undersigned attorneys’ designation of 

electronic service email addresses, for all electronically served documents and notices, 

filed or service only, pursuant to Tex. R. Civ. P. 21(f)(2) and 21(a): 

Michael P. Sharp – msharp@feesmith.com 

Robyn M. Wise – rwise@feesmith.com 

Valerie Whitesell – vwhitesell@feesmith.com 

Service through any other email address will be considered invalid, unless notified by 

the aforementioned individuals. 

WHEREFORE, PREMISES CONSIDERED, Defendant MCCORKLE TRUCK LINE 

INC. prays that the Plaintiff take nothing by this suit, that Defendant go hence with his costs without 

delay, and for such other and further relief, both general and special, at law and in equity, to which 

Defendant may show himself justly entitled. 

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 44 of 52 PageID 44
DEFENDANT’S ORIGINAL ANSWER Page 4

Respectfully submitted, 

FEE, SMITH, SHARP & VITULLO, L.L.P.

/s/ Michael P. Sharp 

 

MICHAEL P. SHARP 

State Bar No. 00788857 

ROBYN M. WISE 

State Bar No. 24044002 

Three Galleria Tower 

13155 Noel Road, Suite 1000 

Dallas, Texas 75240 

msharp@feesmith.com 

rwise@feesmith.com 

972-980-3288 

972-934-9200 [Fax] 

ATTORNEYS FOR DEFENDANT 

MCCORKLE TRUCK LINE INC. 

CERTIFICATE OF SERVICE

THIS WILL CERTIFY that a true and correct copy of the foregoing instrument has been 

electronically served on all attorneys of record in this cause of action on May 23, 2022: 

Via E-File 

Larry Rolle 

ROLLELAW 

2030 Main Street 

Suite 200 

Dallas, TX 75201 

 

 /s/ Michael P. Sharp 

 

MICHAEL P. SHARP

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 45 of 52 PageID 45
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.

Linda Hammon on behalf of Michael Sharp

Bar No. 788857

lhammon@feesmith.com

Envelope ID: 64737549

Status as of 5/23/2022 1:29 PM CST

Associated Case Party: MCCORKLE TRUCK LINE, INC

Name

Robyn M.Wise

Michael P.Sharp

Valerie Whitesell

BarNumber Email

rwise@feesmith.com

msharp@feesmith.com

vwhitesell@feesmith.com

TimestampSubmitted

5/23/2022 8:26:41 AM

5/23/2022 8:26:41 AM

5/23/2022 8:26:41 AM

Status

SENT

SENT

SENT

Associated Case Party: JAVONTE ALEXANDER

Name

LARRY ROLLE

BarNumber Email

larryr@rbrl.com

TimestampSubmitted

5/23/2022 8:26:41 AM

Status

SENT

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 46 of 52 PageID 46
CAUSE NO. DC—22-00884

JAVONTE ALEXANDER In the District Court

vs. Dallas County, Texas DONALD CLEAR, et a1 192nd District Court

UNIFORM SCHEDULING ORDER (LEVEL 0R g)

(Revised June 1, 2001)

In accordance with Rules 166, 190 and 192 of the Texas Rules of Civil Procedure, the Court makes the following order to control discovery and the schedule ofthis cause.

1. This case will be ready and is set for JURY TRLAL on July 10, 2023 at 9:00 AM. (the

“Initial Trial Setting”). Reset or continuance of the Initial Trial Setting will not alter any deadlines established in this Order or established by the Texas Rules of Civil Procedure, unless otherwise provided by order. If not reached as set, the case may be carried to the next week.

2. Unless otherwise ordered, discovery in this case will be controlled by:

Rule 190.2 (Level 1)

(X Rule 190.3 (Level 2)

of the Texas Rules of Civil Procedure. Except by agreement of the party, leave of court, or where expressly authorized by the Texas Rules of Civil Procedure, no party may obtain discovery of information

subject

to disclosure under Rule 194 by any other form of discovery.

3. Any objection or motion to exclude or limit expert testimony due to qualification of the expert or reliability of the opinions must be filed no later than seven (7) days after the close of the discovery period, or such objection is waived. Any motion to compel responses

to discovery (other

than

relating to factual matters arising after the end of the discovery period) must be filed no later than seven

(7) days after the close of the discovery period or such complaint

is waived, exceptfor the sanction of exclusion under Rule 193.6.

Any amended pleadings asserting new causes of action or affirmative defenses must be filed no later than thirty (30) days before the end of the discovery period and any other amended pleadings must be filed no later than seven (7) days after the end of the discovery period. Amended

pleadings responsive to timely filed pleadings under this schedule may be filed after the deadline for amended pleadings

if filed within two (2) weeks after the pleading to which they respond. Except with

leave of court, TRCP 166a(c) motions must be heard no later than thirty (30) days before trial.

5. No additional parties may be joined more than five (5) months after the commencement of this case except on motion for leave showing good cause. This paragraph does not otherwise alter the

requirements of Rule 38. The party joining an additional party shall serve copy ofthis Order on the new

party concurrently with the pleading joining that party.

UNIFORM SCHEDULING ORDER (LEVEL OR 2) —PAGE

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 47 of 52 PageID 47
6. The parties shall mediate this case no later than thirty (30) days before the Initial Trial Setting, unless otherwise provided by court order. Named parties shall be present during

the entire mediation process and each corporate party must be represented by an

executive officer or corporate representative with authority to negotiate settlement.

Unless, within 14 days of this Order, the parties file Joint Notice of Agreed Upon

Substitute Mediator the parties agree to mediate this case with TBD is hereby appointed mediator. The parties must advise both the Court and the aforementioned mediator in writing of any agreed mediator within thirty (30) days of the date this Order is signed. Any mediator substitution requested beyond such

time may only be made by motion for submission to the Court for good cause and under extraordinary

circumstances.

Unless otherwise ordered by the Court, the parties shall select mediator by agreement; if the parties are unable to agree on mediator, they shall advise the Court within ninety (90) days of the date ofthis order; the Court will then appoint mediator.

7. Fourteen (l4) days before the Initial Trial Setting, the parties shall exchange list of exhibits, including any demonstrative aids and affidavits, and shall exchange copies of any exhibits not previously produced in discovery; over-designation is strongly discouraged and may be sanctioned. Except

for records to be offered by way of business record affidavits, each exhibit must be identified

separately and not by category or group designation. Rule 193.7 applies

to this designation. On or before

ten (10) days before the Initial Trial Setting, the attorneys

in charge for all parties shall meet in person to

confer on stipulations regarding the materials to be submitted to the Court under this paragraph and

attempt

to maximize agreement on such matters. By p.m. on the Thursday before the Initial Trial Setting, the parties shall file with the Court the materials stated in Rule l66(e)-(l), an estimate of the

length oftrial, designation of deposition testimony to be offered in direct examination, and any motions in

limine. Failure to file such materials may result in dismissal for want of prosecution or other appropriate

sanction.

Plaintiff/Plaintiff’s counsel shall serve copy of this Order on any currently named defendant(s) answering after this date.

5/23/2022 3:44:19 PM

SIGNED 2022.

\Z

«I xfiw” District ”UM Judge

cc: Counsel of Record/Pro Se Parties and Mediator UNIFORM SCHEDULING ORDER (LEVEL OR 2) —PAGE

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 48 of 52 PageID 48
192m District Court George Allen, Sr. Courts Building

600 Commerce Street Dallas, Texas 75202-4627

Telephone 214-653-7709

LARRY ROLLE ROLLE LAW

2030 MAIN ST STE 200 DALLAS TX 75201

5/23/2022

RE: DC-22-00884

JAVONTE ALEXANDER

vs. DONALD CLEAR, et al

Dear Counsel of Record:

PLEASE SEE ATTACHMENTS 0_R NOTE THE FOLLOWING:

ORDER(S) SIGNED 5/23/2022 IS NOW AVAILABLE FOR VIEWING ONLINE.

CC: LARRY ROLLE ROLLE LAW

2030 MAIN ST STE 200 DALLAS TX 75201 MICHAEL PAUL SHARP

FEE SMITH SHARP VITULLO LLP

l3 155 NOEL RD

STE 1000 DALLAS TX 75240

SETTLEMENTSMUSTBE REPORTED T0 THE COURTIN WRITING

PLEASE CONTACT THE COURT CLERKAT 214-653-7748 SET 0R CANCEL HEARING ON THE COURT’S MOTIONDOCKET

Review your case information at: http://courts.dallascountvorg/

Review court documents on-line at: http://Www.dallascountvorg/Dublic access.htm1

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 49 of 52 PageID 49
192m District Court George Allen, Sr. Courts Building

600 Commerce Street Dallas, Texas 75202-4627

Telephone 214-653-7709 MICHAEL PAUL SHARP

FEE SMITH SHARP VITULLO LLP

13 155 NOEL RD

STE 1000 DALLAS TX 75240

5/23/2022

RE: DC-22-00884

JAVONTE ALEXANDER

vs. DONALD CLEAR, et al

Dear Counsel of Record:

PLEASE SEE ATTACHMENTS 0_R NOTE THE FOLLOWING:

ORDER(S) SIGNED 5/23/2022 IS NOW AVAILABLE FOR VIEWING ONLINE.

CC: LARRY ROLLE ROLLE LAW

2030 MAIN ST STE 200 DALLAS TX 75201 MICHAEL PAUL SHARP

FEE SMITH SHARP VITULLO LLP

l3 155 NOEL RD

STE 1000 DALLAS TX 75240

SETTLEMENTSMUSTBE REPORTED T0 THE COURTIN WRITING

PLEASE CONTACT THE COURT CLERKAT 214-653-7748 SET 0R CANCEL HEARING ON THE COURT’S MOTIONDOCKET

Review your case information at: http://courts.dallascountvorg/

Review court documents on-line at: http://Www.dallascountvorg/Dublic access.htm1

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 50 of 52 PageID 50
$933

192'1‘1 District Court George Allen, Sr. Courts Building

600 Commerce Street Dallas, Texas 75202-4627

Telephone 214-653-7709

LARRY ROLLE ROLLE LAW

2030 MAIN ST STE 200 DALLAS TX 75201

5/23/2022

RE: DC-22-00884

JAVONTE ALEXANDER

VS. DONALD CLEAR, et al

Dear Counsel of Record:

PLEASE TAKE NOTE OF THE FOLLOWING SETTING

ON THE COURT’S TWO-WEEK DOCKET:

JURY TRIAL: 07/10/2023 at 9:00 AM.

Trial announcements must be made in accordance with Rule 3.02, Local Rules of the Civil Courts ofDallas County, Texas.

All remaining provisions of the Pre-Trial Order or Scheduling Order previously issued

remains in effect.

Sincerely,

Judge Kristina Williams 192m District Court

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 51 of 52 PageID 51
$65?

192'1‘1 District Court George Allen, Sr. Courts Building

600 Commerce Street Dallas, Texas 75202-4627

Telephone 214-653-7709 MICHAEL PAUL SHARP

FEE SMITH SHARP VITULLO LLP

l3 155 NOEL RD

STE 1000 DALLAS TX 75240

5/23/2022

RE: DC-22-00884

JAVONTE ALEXANDER

VS. DONALD CLEAR, et al

Dear Counsel of Record:

PLEASE TAKE NOTE OF THE FOLLOWING SETTING

ON THE COURT’S TWO-WEEK DOCKET:

JURY TRIAL: 07/10/2023 at 9:00 AM.

Trial announcements must be made in accordance with Rule 3.02, Local Rules of the Civil Courts ofDallas County, Texas.

All remaining provisions of the Pre-Trial Order or Scheduling Order previously issued

remains in effect.

Sincerely,

Judge Kristina Williams 192m District Court

Case 3:22-cv-01144-G Document 1 Filed 05/25/22 Page 52 of 52 PageID 52