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• CAUSE NO. 048-234484-08
•
ENBRIDGE GATHERING § IN THE DISTRICT COURT
(NORTH TEXAS) LP, §
Plaintiff, §
§
v. § TARRANTCOUNTY,TEXAS
§
RAHLCABRALESAND §
LESLIE P. HENSARLING AND WIFE, §
KRISTY A. HENSARLING, §
Defendants. §
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PLAINTIFF'S MOTION TO STRIKE u:. ~.··.
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DEMAND FOR JURY TRIAL .. .~. c.n ~~--
TO THE HONORABLE JUDGE OF SAID COURT:
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Plaintiff Enbridge Gathering (North Texas) LP ("Enbridge") moves the Court to
strike Defendants' demand for trial by jury of the issues in this cause and, for grounds
therefor, would respectfully show the Court:
1.
This case is currently set for trial on the Court's jury docket for the week
beginning April 12, 20 I 0, pursuant to the demand for jury trial made by Defendants.
2.
This is a suit to vacate and set aside an arbitration award brought under Texas
common law and the Federal Arbitration Act, 9 U.S.C. §§ 1-16 ("FAA").
3.
Under both Texas common law and the FAA, when parties agree to arbitrate rather
than to have their dispute resolved through judicial proceeding, they waive their right to a
PLAINTIFF'S MOTION TO STRIKE DEMAND FOR JURY TRIAL Page I
jury trial as a matter
•
of law. Since a suit to enforce, set aside
• or vacate the arbitration
award is an integral part of the arbitration process, the same rule of law governs this case.
Accordingly, Plaintiff moves the Court for an order striking Defendants' demand
for jury trial, to remove this case from its current jury trial setting beginning April 12,
2010, and to try all issues of law and fact, if any, by the Court alone without the
intervention of a jury during the week of April 12 or as soon thereafter as the Court's
docket permits.
Respectfully submitted,
State Bar No. 10674000
MARY H. BARKLEY
State Bar No. 24050737
TOBEN COCKLIN
State Bar No. 24065058
CANTEY HANGER LLP
Cantey Hanger Plaza
600 West 6th Street, Suite 300
Fort Worth, Texas 76102
(817) 877-2800
(817) 877-2807- Fax
ATTORNEYS FOR PLAINTIFF
ENBRIDGE GATHERING
(NORTH TEXAS) LP
PLAINTIFF'S MOTION TO STRIKE DEMAND FOR JURY TRIAL
Page 2
•CERTIFICATE OF CONFERENCE
•
This will certify that on March 25, 20 I 0 I conferred with the attorney for
Defendants and they are not in agreement with this Motion and therefore the matter
should be set for hearing.
'\1\A.- ~ ~
S. G. JOHNDRDEIII6
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and foregoing document
was served via certified mail, return receipt requested, on all counsel of record, this 25th
day ofMarch, 20IO, as follows:
H. Allen Pennington, Jr., Esq.
Pennington Hill, LLP
Tindall Square- Warehouse No.3
509 Pecan Street, Suite I0I
Fort Worth, Texas 76I02
MARY H. BARKLEY
PLAINTIFF"S MOTION TO STRIKE DEMAND FOR JURY TRIAL
Page 3
• •
CANTEY HANGER LLP
s. G. jOHNDROE Ill ATTORNEYS
CANTEY HANGER PLAZA
BOARD CERTIFIED· CIVIL TRIAL
600 WEST 6TH STREET, SUITE 3 00
TEXAS BOARD OF LEGAL SPECIALIZATION
FORT WORTH, TEXAS 76102-3685
DIRECT: 817.877.2871
81 7.877.2800- METRO: 214.978.4199
E-MAIL: jjohndroe@canteyhanger.com
www.canteyhanger.com FAX: 817.877.2807
March 25, 20 I 0
VIA HAND DELIVERY
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Ms. Daletia Cunningham, Clerk 2.i__
.........
48th District Court '-'
Tarrant County Justice Center
40I West Belknap Street
-
cr··i
; -...!
Fort Worth, Texas 76I96
RE: Cause No. 048-234484-08; Enbridge Gathering (North Texas) LP v. Rahl
Cabrales and Leslie P. Hensarling and wife, Kristy A. Hensarling; 48th
District Court of Tarrant County, Texas
Dear Ms. Cunningham:
Enclosed for filing please find an original and one copy ofPlaintiffs Motion to Strike
Demand for Jury Trial.
Would you please ask the Court Coordinator to set this motion for hearing at the same
time that Plaintiffs Motion for Summary Judgment is set, II :00 a.m., April 8, 2010?
Please file-stamp the copy and return it to me via the courier delivering same.
Thank you for your kind attention to this matter.
Very truly yours,
'W--·~ ~ W l f..c.r\J\.A... ~t.Vq. \
S. G. Johndroe III
SGJIII:kag
Enclosure
JJ\Enbndge\Leuers\Cierk-10 Mollo Strike Jury.wpd
DALLAS • FORT WORTH • SOUTHLAKE
~ MERITAS LAW FIRMS WORLDWIDE
Ms. Daletia Cunningham, Clerk
• •
March 25, 20IO
Page 2
CC: (with enclosure)
H. Allen Pennington, Jr., Esq. VIA CM RRR # 7009 2250 000 I 71 I 4 8706
Pennington Hill, LLP
Tindall Square- Warehouse No. 3
509 Pecan Street, Suite I0 I
Fort Worth, Texas 76I02
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• CAUSE NO. 048-234484-08 • ENBRIDGE GATHERING § IN THE DISTRICT COURT (NORTH TEXAS) LP, § Plaintiff, § § v. § TARRANTCOUNTY,TEXAS § RAHLCABRALESAND § LESLIE P. HENSARLING AND WIFE, § KRISTY A. HENSARLING, § Defendants. § 0 C' -. __, =___,...__..., PLAINTIFF'S MOTION TO STRIKE u:. ~.··. ~ ~- ;~ -- ,-~ _-<;-~ -,-- ::·:-) ;::_N ~ . DEMAND FOR JURY TRIAL .. .~. c.n ~~-- TO THE HONORABLE JUDGE OF SAID COURT: -\p. fJl! - ~... (.-:..~_ ·:::> r"1 :.. . ::.-~r· w~ ----- \........' r-~; ()l c .. - Plaintiff Enbridge Gathering (North Texas) LP ("Enbridge") moves the Court to strike Defendants' demand for trial by jury of the issues in this cause and, for grounds therefor, would respectfully show the Court: 1. This case is currently set for trial on the Court's jury docket for the week beginning April 12, 20 I 0, pursuant to the demand for jury trial made by Defendants. 2. This is a suit to vacate and set aside an arbitration award brought under Texas common law and the Federal Arbitration Act, 9 U.S.C. §§ 1-16 ("FAA"). 3. Under both Texas common law and the FAA, when parties agree to arbitrate rather than to have their dispute resolved through judicial proceeding, they waive their right to a PLAINTIFF'S MOTION TO STRIKE DEMAND FOR JURY TRIAL Page I jury trial as a matter • of law. Since a suit to enforce, set aside • or vacate the arbitration award is an integral part of the arbitration process, the same rule of law governs this case. Accordingly, Plaintiff moves the Court for an order striking Defendants' demand for jury trial, to remove this case from its current jury trial setting beginning April 12, 2010, and to try all issues of law and fact, if any, by the Court alone without the intervention of a jury during the week of April 12 or as soon thereafter as the Court's docket permits. Respectfully submitted, State Bar No. 10674000 MARY H. BARKLEY State Bar No. 24050737 TOBEN COCKLIN State Bar No. 24065058 CANTEY HANGER LLP Cantey Hanger Plaza 600 West 6th Street, Suite 300 Fort Worth, Texas 76102 (817) 877-2800 (817) 877-2807- Fax ATTORNEYS FOR PLAINTIFF ENBRIDGE GATHERING (NORTH TEXAS) LP PLAINTIFF'S MOTION TO STRIKE DEMAND FOR JURY TRIAL Page 2 •CERTIFICATE OF CONFERENCE • This will certify that on March 25, 20 I 0 I conferred with the attorney for Defendants and they are not in agreement with this Motion and therefore the matter should be set for hearing. '\1\A.- ~ ~ S. G. JOHNDRDEIII6 CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the above and foregoing document was served via certified mail, return receipt requested, on all counsel of record, this 25th day ofMarch, 20IO, as follows: H. Allen Pennington, Jr., Esq. Pennington Hill, LLP Tindall Square- Warehouse No.3 509 Pecan Street, Suite I0I Fort Worth, Texas 76I02 MARY H. BARKLEY PLAINTIFF"S MOTION TO STRIKE DEMAND FOR JURY TRIAL Page 3 • • CANTEY HANGER LLP s. G. jOHNDROE Ill ATTORNEYS CANTEY HANGER PLAZA BOARD CERTIFIED· CIVIL TRIAL 600 WEST 6TH STREET, SUITE 3 00 TEXAS BOARD OF LEGAL SPECIALIZATION FORT WORTH, TEXAS 76102-3685 DIRECT: 817.877.2871 81 7.877.2800- METRO: 214.978.4199 E-MAIL: jjohndroe@canteyhanger.com www.canteyhanger.com FAX: 817.877.2807 March 25, 20 I 0 VIA HAND DELIVERY ?:2 :-~-·r:, f'"l~·· Ms. Daletia Cunningham, Clerk 2.i__ ......... 48th District Court '-' Tarrant County Justice Center 40I West Belknap Street - cr··i ; -...! Fort Worth, Texas 76I96 RE: Cause No. 048-234484-08; Enbridge Gathering (North Texas) LP v. Rahl Cabrales and Leslie P. Hensarling and wife, Kristy A. Hensarling; 48th District Court of Tarrant County, Texas Dear Ms. Cunningham: Enclosed for filing please find an original and one copy ofPlaintiffs Motion to Strike Demand for Jury Trial. Would you please ask the Court Coordinator to set this motion for hearing at the same time that Plaintiffs Motion for Summary Judgment is set, II :00 a.m., April 8, 2010? Please file-stamp the copy and return it to me via the courier delivering same. Thank you for your kind attention to this matter. Very truly yours, 'W--·~ ~ W l f..c.r\J\.A... ~t.Vq. \ S. G. Johndroe III SGJIII:kag Enclosure JJ\Enbndge\Leuers\Cierk-10 Mollo Strike Jury.wpd DALLAS • FORT WORTH • SOUTHLAKE ~ MERITAS LAW FIRMS WORLDWIDE Ms. Daletia Cunningham, Clerk • • March 25, 20IO Page 2 CC: (with enclosure) H. Allen Pennington, Jr., Esq. VIA CM RRR # 7009 2250 000 I 71 I 4 8706 Pennington Hill, LLP Tindall Square- Warehouse No. 3 509 Pecan Street, Suite I0 I Fort Worth, Texas 76I02