FILED
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`11/18/2025 10:18 AM
`FELICIA PITRE
`DISTRICT CLERK
`DALLAS CO., TEXAS
`Nia Searl DEPUTY
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`CAUSE NO. DC-24-18353
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`CITY OF DALLAS § IN THE DISTRICT COURT OF
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`A § DALLAS COUNTY, TE X AS
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`IRP YEP PROPERTIES, LLC, ET AL. § 95™ JUDICIAL DISTRICT
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`MOTION FOR CONTINUANCE
`TO THE HONORABLE JUDGE OF SAID COURT:
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`COMES NOW, Defendant IRP YEP Properties, LLC (hereinafter “Defendant”) in the
`above-styled and numbered cause and files this, its Motion for Continuance of the current trial
`setting. In support thereof, Defendant will show as follows:
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`L
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`This is the first Motion for Continuance filed in this case. This cause is set for trial
`November 17, 2025.
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`This case involves claims by the City of Dallas (the “City”) related to code violations,
`habitability issues, and repairs to the property located at 722 North Marsalis Avenue, Dallas, Texas
`75203 (the “Property”). Following the instigation of the lawsuit, Defendant and counsel for the
`City have been in discussions and negotiations regarding repairs and remediation at the Property.
`During the course of the repairs of the Property, a fire occurred at the Property necessitating the
`complete demolition of the Property. Defendant has substantially completed the demolition of the
`Property, and is in final discussions with the City regarding final matters related to the demolition
`permit and completion of final safety matters, including installation of fencing on the Property.
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`The demolition of the Property has caused the claims of the City regarding habitability and
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`code violations to become moot. As such, it appears that the need for trial can be negated with a
`final resolution with the City regarding the Property. Defendant requests a continuance of the
`current trial setting for a period of 90 days so that the demolition permit can be closed out and a
`final resolution reached.
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`Defendant [RP YEP Properties, LLC files this Motion for Continuance, not for purposes
`of delay, but so that justice may be done.
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`The City made an announcement of “not ready for trial” on November 14, 2025 for
`substantially the same reasons as stated herein.
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`Attached to this Motion for Continuance is the affidavit of Defendant’s Counsel attesting to
`the above stated facts. See Texas Rules of Civil Procedure 251. The continuance of this case will
`not unreasonably interfere with other business of this Court. See Texas Rules of Civil Procedure
`330(d).
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`Furthermore, Defendant’s counsel has conferred with Defendant and it has consented to
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`this request for continuance of the trial setting in this case.
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`WHEREFORE, PREMISES CONSIDERED, Defendant IRP YEP Properties, LLC prays
`that this Honorable Court grant this Motion and enter an Order of Continuance of the current trial
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`setting of this matter.
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`Respectfully submitted,
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`J D HERBERGER & ASSOCIATES, PC
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`By:___/s/ SeanvM. Rooney
`Sean M. Rooney
`State Bar No.: 24058714
`sean@herbergerlaw.com
`Jacob D. Herberger
`State Bar No.: 24097826
`jacob@herbergerlaw.com
`11767 Katy Freeway, Suite 920
`Houston, Texas 77079
`Telephone: (281) 920-4700
`Facsimile: (281) 920-4711
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`ATTORNEYS FOR DEFENDANT
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`CERTIFICATE OF SERVICE
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`[ certify that a true and correct copy of the foregoing instrument was served, by certified
`mail, return receipt requested, electronic service and/or facsimile on the following:
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`Julius Jenkins
`Julius.jenkins@dallas.gov
`Office of the City Attorney
`City of Dallas, Texas
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`1500 Marilla, 7BN
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`Dallas, Texas 75201
`Telephone: (214) 670-3508
`Facsimile: (214) 670-0622
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`Sara J. Evans
`sevans@saraevanslaw.com
`Sara Evans Law
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`5009 Village Circle
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`Dallas, Texas 75248
`Telephone: (214) 680-8299
`Facsimile: (214)279-3308
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`on this lfoikaay of November, 2025.
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`/sl Seanv M. Rooney
`Sean M. Rooney
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`certificates of service have not changed. Filers must still provide a
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`Automated Certificate of eService
`This automated certificate of service was created by the efiling system.
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`The filer served this document via email generated by the efiling system
`on the date and to the persons listed below. The rules governing
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`certificate of service that complies with all applicable rules.
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`Jennifer Tran on behalf of Sean Rooney
`Bar No. 24058714
`jennifer@herbergerlaw.com
`Envelope ID: 108165482
`Filing Code Description: Motion - Continuance
`Filing Description:
`Status as of 11/18/2025 2:18 PM CST
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`Case Contacts
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`Name
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`BarNumber
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`Email
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`TimestampSubmitted
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`Status
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`Jacob D.Herberger
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`jacob@herbergerlaw.com
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`11/18/2025 10:18:54 AM
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`SENT
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`Sean M.Rooney
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`sean@herbergerlaw.com
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`11/18/2025 10:18:54 AM
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`SENT
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`Julius Jenkins
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`julius.jenkins@dallas.gov
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`11/18/2025 10:18:54 AM
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`SENT
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`Andrew Gilbert
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`andrew.gilbert@dallas.gov
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`11/18/2025 10:18:54 AM
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`SENT
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`Maria ElenaZavala
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`maria.zavala@dallas.gov
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`11/18/2025 10:18:54 AM
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`SENT
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`Sara J.Evans
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`sevans@saraevanslaw.com
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`11/18/2025 10:18:54 AM
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`SENT
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