CAUSE NO. DC-24-10305
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`THOMAS ATCHLEY, § IN THE DISTRICT COURT
`Plaintiff, g
`V. g 95th JUDICIAL DISTRICT
`PEGASUS LOGISTICS GROUP, INC,, g
`Defendant. g DALLAS COUNTY, TEXAS
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`VERIFIED AMENDED JOINT MOTION FOR CONTINUANCE
`This Verified Amended Joint Motion for Continuance (the “Amended Motion™) is brought
`by Plaintiff Thomas Atchley (“Atchley”) and Defendant Pegasus Logistics Group, Inc.
`("Pegasus™) (collectively, the “Parties™). In support of this Motion, the Parties respectfully show
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`the Court as follows:
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`PROCEDURAL HISTORY
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`1. This case was filed on July 12, 2024, and has been ofi file for less than one year.
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`2. On October 29, 2024, Judge Monica Purdy set this matter for trial on August 18,
`2025. This is the first trial setting in this matter.
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`3 On June 11, the Parties filed their initial Joint Motion for Continvance, noting they
`needed a continuance to conduct depositions of parties and several fact witnesses, conduct
`non-party discovery, and attend mediation. Parties requested a new trial date of March 9,
`2026.
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`4, The Court denied the initial Joint Motion for Continuance on July 2, 2025; however,
`in an effort to provide more clarity, the Parties jointly and respectfully file this Amended
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`Motion and request a continuance of this matter until March 9, 2026.
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`AMENDED VERIFIED JOINT MOTION FOR CONTINUANCE
`Page |
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`FILED
`7/15/2025 6:40 PM |
`FELICIA PITRE |
`DISTRICT CLERK
`DALLAS CO., TEXAS
`Nia Searl DEPUTY
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`NECESSITY FOR CONTINUANCE
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`5 The Parties are in the process of completing written discovery. To date, the Parties
`have engaged in written discovery, and Atchley has indicated he intends to supplement his
`documents.
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`6. Additionally, Pegasus anticipates that it will need to subpoena information from
`Atchley’s employer and an alleged potential employer. The Parties may need to take further
`actions once the subpoenaed records have been received.
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`7. In addition to the possible depositions of the two non-parties, the Parties anticipate
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`the need to conduct the depositions of up to four other key fact witnesses and the Parties
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`themselves.
`8. Similarly, the Parties may need to designate experts and conduct expert depositions.
`9. Once depositions have been taken in this matter, the Parties anticipate trying to
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`resolve this matter through mediation.
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`10. The Parties have agreed to attend mediation for potential settlement and have
`tentatively scheduled mediation for November 18, 2025 with Ken Rubenstein of Burden
`Mediation.
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`11. Should mediation fail, then the Parties will need some time to prepare for trial.
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`12. This continuance is the first amended continuance sought by the Parties.
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`13. In sum, the Parties request that this Court continue the trial to March 9, 2026, so
`that the Parties may complete discovery, attend mediation, and potentially prepare for trial
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`in this matter.
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`AMENDED VERIFIED JOINT MOTION FOR CONTINUANCE
`Page 2
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`AGREEMENT OF PARTIES
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`14. A continuance may be granted by consent of the parties. TEX. R. CIV. P. 251. The
`parties have conferred and agreed to extend all deadlines. The parties agree that the
`continuance of the Scheduling and Level 2 Discovery Order and the trial setting are not for
`purposes of delay, but strictly so that justice may be served.
`15. The parties agree that the case should be ready for trial in March 2026.
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`IIL
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`REQUESTED RELIEF
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`16. Accordingly, the Parties respectfully request that the Court grant this Amended
`Verified Joint Motion for Continuance pursuant to the Court’s Policies and Procedures,
`reset the jury trial date to March 9, 2026, and extend all deadlines in accordance with the
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`Court’s Scheduling and Level 2 Discovery Order.
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`AMENDED VERIFIED JOINT MOTION FOR CONTINUANCE
`Page 3
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`Respectfully submitted,
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`The Hartmann Firm
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`ASLClay A Hartimann
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`Clay A. Hartmann
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`State Bar. No. 00790832
`Clay.hartmann@thehartmannfirm.com
`400 N, St. Paul, Suite 1420
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`Dallas, Texas 75201
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`(214) 828-1822
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`ATTORNEY FOR PLAINTIFF
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`~ 7\
`BRI
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`ESTES THORNE EWING & PAYNE PLLC
`/s/ Nathaniel Johnson
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`Dawn Estes =
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`State Bar No. 14251350
`destes@estesthorne.com
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`Kimberly Winnubst
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`State Bar No. 24075589
`kwinnubst@estesthorne.com
`Nathaniel Johnson
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`State Bar. No. 24131420
`njohnson@estesthorne.com
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`3811 Turtle Creek Blvd., Suite 2000
`Dallas, Texas 75219
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`Telephone: 214-599-4000
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`Facsimile: 214-599-4099
`ATTORNEYS FOR DEFENDANT
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`Thefmas Fisher.
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`Representative of Defendant Pegasus Logistics Group, Inc.
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`AMENDED VERIFIED JOINT MOTION FOR CONTINUANCE
`Page 4
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`VERIFICATION
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`STATE OF _/ &S §
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`COUNTY OF Dw/lasb §
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`The undersigned states under oath: “I am the attorney for Defendant, Pegasus Logistics Group,
`Inc. I have read the Amended Motion and the statements contained therein are within my
`personal knowledge and are true and correct.”
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`/?Qag_
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`Nathaniel Johnson
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`SWORN TO AND SUBSCRIBED before me by me%“n the / chday of July, 2025.
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`Notary Public in and for the State of __ /2 X7 ANDREA HOWARD
`Notary ID #5722738
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`My Commission Expires
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`My commission expires: September 17, 2028
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`4]}’7/82
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`SECOND VERIFIED JOINT MOTION FOR CONTINUANCE
`PAGE §
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`Automated Certificate of eService
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`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.
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`Ariana Boyd on behalf of Nate Johnson
`Bar No. 24131420
`aboyd@estesthorne.com
`Envelope ID: 103177015
`Filing Code Description: Motion - Continuance
`Filing Description: AMENDED - AGREED
`Status as of 7/16/2025 8:49 AM CST
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`Case Contacts
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`Name BarNumber | Email TimestampSubmitted | Status
`Lori M.Carr Icarr@estesthornecarr.com 7/15/2025 6:40:54 PM | SENT
`Dawn Estes destes@estesthorne.com 7/15/2025 6:40:54 PM | SENT
`Andrea Howard ahoward@estesthorne.com 7/15/2025 6:40:54 PM | SENT
`Clay AlfredHartmann clay.hartmann@thehartmannfirm.com | 7/15/2025 6:40:54 PM | SENT
`Nate Johnson njohnson@estesthornecarr.com 7/15/2025 6:40:54 PM | SENT
`Kimberly Winnubst kwinnubst@estesthorne.com 7/15/2025 6:40:54 PM | SENT
`Dianna Lugo dlugo@estesthorne.com 7/15/2025 6:40:54 PM | SENT
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