Case Number 05-15-00805-CV 

IN THE FIFTH DISTRICT COURT OF APPEALS 

at Dallas 

__________________________________________________________________ 

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 

ACCEPTED

05-15-00805-CV

FIFTH COURT OF APPEALS

DALLAS, TEXAS

7/15/2015 3:57:29 PM

LISA MATZ

CLERK

 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 7/15/2015 3:57:29 PM LISA MATZ Clerk
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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 
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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. 
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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

 
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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 
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