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CAUSE NO. 2016 63859
RANDALL WHITNEY IN THE DISTRICT COURT
D/B/A TITAN TECHNICAL TRAINING
A/K/A TITAN TECHNICAL TRAINING LLC
Plaintiff
OF HARRIS COUNTY, TEXAS
ROWAN COMPANIES, INC.
th
Defendant JUDICIAL DISTRICT
PLAINTIFF’S MOTION FOR RECONSIDERATION OF GRANTING DEFENDANT’S
MOTION FOR SUMMARY JUDGMENT
TO THE HONORABLE JUDGE OF SAID COURT:
Plaintiff, RANDALL WHITNEY D/B/A TITAN TECHNICAL TRAINING AND A/K/A
TITAN TECHNICAL TRAINING LLC, hereinafter referred to as Plaintiff, files this Motion
for Reconsideration of Granting Defendant’s Summary Judgment, and respectfully requests the
Honorable Court to reconsider its Summary Judgment Order, hereinafter referred to as Order,
signed by the Honorable Judge Patricia J. Kerrigan on May 23, 2017, and in support thereof,
Plaintiff would show the Court as follows:
Plaintiff has the legal standing and capacity to bring this lawsuit Plaintiff performed
services to Defendant, ROWAN COMPANIES, INC., hereinafter referred to as Defendant for
which Plaintiff should be paid. The Honorable Court should not deprive Plaintiff of payment for
services rendered both domestically and internationally which was unjust enrichment to the
Defendant Therefore, Defendant’s Motion for Summary Judgment Based on Plaintiff’s Lack of
Capacity should be reversed.
2. Defendant failed to submit a verified affidavit, as required by law, to its Motion for
Summary Judgment Based on Plaintiff’s Lack of Capacity, or in the Alternative to the Plea to the
Jurisdiction, as delineated in Plaintiff’s Reply Memorandum;
3. Defendant, by its own action acknowledged that Defendant had ignored and bypassed
the written agreement by and between Plaintiff, TITAN TECHNICAL TRAINING LLC and
Defendant as executed on December 5, 2013, and directly agreed with Plaintiff, RANDALL
WHITNEY D/B/A TITAN TECHNICAL TRAINING, to perform services as fully delineated in
Plaintiff’s Response to Defendant’s Motion for Summary Judgment and Plaintiff’s Reply
Memorandum.
A.
Plaintiff herein attaches excerpts from his Response to Defendant’s Motion for
Summary Judgment, as follows:
1. An e-mail dated November 22, 2013, from Melissa German of Defendant’s Legal
Department. “The vendor below has been screened and accepted for compliance purposes.” Ms.
German’s e-mail clearly confirms Petitioner, RANDALL WHITNEY D/B/A TITAN
TECHNICAL TRAINING without the LLC as the vendor prior to Plaintiff and Defendant
executing the contract of December 5, 2013. A copy of Ms. German’s e-mail is attached herewith
as Exhibit “A.”
Plaintiff is the vendor and is entitled to be fully compensated for the services rendered and
agreed to by the Defendant.
2. IRS Form W-9 which was asked by Defendant and completed by Plaintiff, RANDALL
WHITNEY on November 13, 2013, clearly states Plaintiff’s name and Plaintiff’s business name,
TITAN TECHNICAL TRAINING, and there is no mention of LLC. Further, Plaintiff, RANDALL
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WHITNEY provided his Social Security Number on said IRS Form W-9, as requested by the
Defendant. A copy of Plaintiff’s IRS Form W-9 is attached herewith as Exhibit “B.”
3. Defendant issued an IRS Form 1099 to the Plaintiff for 2015, which clearly indicates
that Defendant paid Plaintiff for partial payment of full services rendered. A copy is attached
herewith as Exhibit “C.”
Defendant, by issuing the U.S. government Internal Revenue Service’s (IRS) Form
1099 to the Plaintiff is attesting and confirming to the U.S federal government that the Defendant
paid the Plaintiff, RANDALLWHITNEY, for the services he rendered. Hence, Defendant is either
misleading the U.S. government or this Honorable Court of the facts of the issue with the intent of
not fulfilling its monetary obligation to the Plaintiff for the satisfactory services rendered by the
Plaintiff to the benefit of the Defendant.
B.
Without waiving the Plaintiff’s assertions in Section A., above, Plaintiff submits to the
Honorable Judge that if Defendant insists on the written contract signed as TITAN TECHNICAL
TRAINING LLC, then in that event, Plaintiff’s assert that the Honorable Judge should accept
Plaintiff’s assertion as TITAN TECHNICAL TRAINING, LLC, a defacto corporation, which
under the Texas law, Plaintiff has the legal standing and capacity to bring the lawsuit, as Plaintiff,
in good faith, by using due diligence, tried to register with the Texas Secretary of State, however
the name similarity prevented Plaintiff from doing so.
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C.
Conclusion
The Honorable Judge should look at the entire transaction of these services rendered by
Plaintiff for the benefit of the Defendant and conclude either that there was no existing contract
between TITAN TECHNICALTRAINING LLC and the Defendant, ROWAN COMPANIES,
INC., as Defendant bypassed that contract and by its own actions, prior to signing the contract and
after signing the contract, admitted that the contract was with RANDALL WHITNEY D/B/A
TITAN TECHNCIAL TRAINING and Defendant should perform its full obligation by paying
Plaintiff for the services he rendered to the benefit of the Defendant in the United States and
internationally.
Any reasonable mind would conclude that regardless of a presumed contract between
TITAN TECHNICAL TRAINING LLC and ROWAN COMPANIES, INC., or the contract
between RANDALL WHITNEY D/B/A TITAN TECHNICAL TRAINING and ROWAN
COMPANIES, INC., the services were rendered by the Plaintiff and for the benefit of the
Defendant in the amount of $396,610.81. Defendant should perform its obligation and make
Plaintiff whole and prevent Defendant from unjust enrichment.
WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that the
Honorable Judge:
1. Reverse the granting of Defendant’s Motion for Summary Judgment Based on
Plaintiff’s Lack of Capacity; and
2. For such other and further relief, general and special, in law and equity, to which
Plaintiff may show himself.
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Respectfully Submitted,
By: ___/s/Marshall Taheri___________________
Marshall Taheri
Marshall Taheri Law Group
Texas Bar No. 19609500
P.O. Box 460001
Houston, Texas 77056
Tel: (713) 871-0000
Fax: (713) 871-1111
taheri@marshalltaheri.com
ATTORNEY FOR RANDALL WHITNEY
D/B/A TITAN TECHNICAL TRAINING
AND A/K/A TITAN TECHNICAL
TRAINING LLC, Plaintiff
CERTIFICATE OF CONFERENCE
The undersigned counsel for Plaintiff confirms that opposing counsel have been
contacted and they state that they are opposed to the requested relief sought by Plaintiff.
____/s/Marshall Taheri_______________
Marshall Taheri
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Plaintiff’s Motion for
Reconsideration of Granting Defendant’s Motion for Summary Judgment and its proposed Order
has been served by the Court’s CM/ECF filing system on June 1, 2017, to the following
attorneys of record for the Defendant, ROWAN COMPANIES, INC.:
Shaun Clarke, Esq.
David Isaak, Esq.
Smyser Kaplan & Veselka, LLP
Bank of America Center
700 Louisiana, Suite 2300
Houston, Texas 77002
Email: sclarke@skv.com
Email: disaak@skv.com
Tel: (713) 221-2300
Fax: (713) 221-2320
___/s/Marshall Taheri________
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CAUSE NO. 2016 63859 RANDALL WHITNEY IN THE DISTRICT COURT D/B/A TITAN TECHNICAL TRAINING A/K/A TITAN TECHNICAL TRAINING LLC Plaintiff OF HARRIS COUNTY, TEXAS ROWAN COMPANIES, INC. th Defendant JUDICIAL DISTRICT PLAINTIFF’S MOTION FOR RECONSIDERATION OF GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT TO THE HONORABLE JUDGE OF SAID COURT: Plaintiff, RANDALL WHITNEY D/B/A TITAN TECHNICAL TRAINING AND A/K/A TITAN TECHNICAL TRAINING LLC, hereinafter referred to as Plaintiff, files this Motion for Reconsideration of Granting Defendant’s Summary Judgment, and respectfully requests the Honorable Court to reconsider its Summary Judgment Order, hereinafter referred to as Order, signed by the Honorable Judge Patricia J. Kerrigan on May 23, 2017, and in support thereof, Plaintiff would show the Court as follows: Plaintiff has the legal standing and capacity to bring this lawsuit Plaintiff performed services to Defendant, ROWAN COMPANIES, INC., hereinafter referred to as Defendant for which Plaintiff should be paid. The Honorable Court should not deprive Plaintiff of payment for services rendered both domestically and internationally which was unjust enrichment to the Defendant Therefore, Defendant’s Motion for Summary Judgment Based on Plaintiff’s Lack of Capacity should be reversed. 2. Defendant failed to submit a verified affidavit, as required by law, to its Motion for Summary Judgment Based on Plaintiff’s Lack of Capacity, or in the Alternative to the Plea to the Jurisdiction, as delineated in Plaintiff’s Reply Memorandum; 3. Defendant, by its own action acknowledged that Defendant had ignored and bypassed the written agreement by and between Plaintiff, TITAN TECHNICAL TRAINING LLC and Defendant as executed on December 5, 2013, and directly agreed with Plaintiff, RANDALL WHITNEY D/B/A TITAN TECHNICAL TRAINING, to perform services as fully delineated in Plaintiff’s Response to Defendant’s Motion for Summary Judgment and Plaintiff’s Reply Memorandum. A. Plaintiff herein attaches excerpts from his Response to Defendant’s Motion for Summary Judgment, as follows: 1. An e-mail dated November 22, 2013, from Melissa German of Defendant’s Legal Department. “The vendor below has been screened and accepted for compliance purposes.” Ms. German’s e-mail clearly confirms Petitioner, RANDALL WHITNEY D/B/A TITAN TECHNICAL TRAINING without the LLC as the vendor prior to Plaintiff and Defendant executing the contract of December 5, 2013. A copy of Ms. German’s e-mail is attached herewith as Exhibit “A.” Plaintiff is the vendor and is entitled to be fully compensated for the services rendered and agreed to by the Defendant. 2. IRS Form W-9 which was asked by Defendant and completed by Plaintiff, RANDALL WHITNEY on November 13, 2013, clearly states Plaintiff’s name and Plaintiff’s business name, TITAN TECHNICAL TRAINING, and there is no mention of LLC. Further, Plaintiff, RANDALL 2 WHITNEY provided his Social Security Number on said IRS Form W-9, as requested by the Defendant. A copy of Plaintiff’s IRS Form W-9 is attached herewith as Exhibit “B.” 3. Defendant issued an IRS Form 1099 to the Plaintiff for 2015, which clearly indicates that Defendant paid Plaintiff for partial payment of full services rendered. A copy is attached herewith as Exhibit “C.” Defendant, by issuing the U.S. government Internal Revenue Service’s (IRS) Form 1099 to the Plaintiff is attesting and confirming to the U.S federal government that the Defendant paid the Plaintiff, RANDALLWHITNEY, for the services he rendered. Hence, Defendant is either misleading the U.S. government or this Honorable Court of the facts of the issue with the intent of not fulfilling its monetary obligation to the Plaintiff for the satisfactory services rendered by the Plaintiff to the benefit of the Defendant. B. Without waiving the Plaintiff’s assertions in Section A., above, Plaintiff submits to the Honorable Judge that if Defendant insists on the written contract signed as TITAN TECHNICAL TRAINING LLC, then in that event, Plaintiff’s assert that the Honorable Judge should accept Plaintiff’s assertion as TITAN TECHNICAL TRAINING, LLC, a defacto corporation, which under the Texas law, Plaintiff has the legal standing and capacity to bring the lawsuit, as Plaintiff, in good faith, by using due diligence, tried to register with the Texas Secretary of State, however the name similarity prevented Plaintiff from doing so. 3 C. Conclusion The Honorable Judge should look at the entire transaction of these services rendered by Plaintiff for the benefit of the Defendant and conclude either that there was no existing contract between TITAN TECHNICALTRAINING LLC and the Defendant, ROWAN COMPANIES, INC., as Defendant bypassed that contract and by its own actions, prior to signing the contract and after signing the contract, admitted that the contract was with RANDALL WHITNEY D/B/A TITAN TECHNCIAL TRAINING and Defendant should perform its full obligation by paying Plaintiff for the services he rendered to the benefit of the Defendant in the United States and internationally. Any reasonable mind would conclude that regardless of a presumed contract between TITAN TECHNICAL TRAINING LLC and ROWAN COMPANIES, INC., or the contract between RANDALL WHITNEY D/B/A TITAN TECHNICAL TRAINING and ROWAN COMPANIES, INC., the services were rendered by the Plaintiff and for the benefit of the Defendant in the amount of $396,610.81. Defendant should perform its obligation and make Plaintiff whole and prevent Defendant from unjust enrichment. WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that the Honorable Judge: 1. Reverse the granting of Defendant’s Motion for Summary Judgment Based on Plaintiff’s Lack of Capacity; and 2. For such other and further relief, general and special, in law and equity, to which Plaintiff may show himself. 4 Respectfully Submitted, By: ___/s/Marshall Taheri___________________ Marshall Taheri Marshall Taheri Law Group Texas Bar No. 19609500 P.O. Box 460001 Houston, Texas 77056 Tel: (713) 871-0000 Fax: (713) 871-1111 taheri@marshalltaheri.com ATTORNEY FOR RANDALL WHITNEY D/B/A TITAN TECHNICAL TRAINING AND A/K/A TITAN TECHNICAL TRAINING LLC, Plaintiff CERTIFICATE OF CONFERENCE The undersigned counsel for Plaintiff confirms that opposing counsel have been contacted and they state that they are opposed to the requested relief sought by Plaintiff. ____/s/Marshall Taheri_______________ Marshall Taheri CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Plaintiff’s Motion for Reconsideration of Granting Defendant’s Motion for Summary Judgment and its proposed Order has been served by the Court’s CM/ECF filing system on June 1, 2017, to the following attorneys of record for the Defendant, ROWAN COMPANIES, INC.: Shaun Clarke, Esq. David Isaak, Esq. Smyser Kaplan & Veselka, LLP Bank of America Center 700 Louisiana, Suite 2300 Houston, Texas 77002 Email: sclarke@skv.com Email: disaak@skv.com Tel: (713) 221-2300 Fax: (713) 221-2320 ___/s/Marshall Taheri________ 5