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CAUSE NO. 2018 26705
XTREME CRANE & RIGGING, LLC IN THE DISTRICT COURT
§
Plaintiff §
§
§
HARRIS COUNTY, TEXAS
CENTRAL RIG SERVICES LLC dba §
D&K ENERGY SERVICES and also
dba PETROTEX, and
PATTERSON UTI DRILLING
COMPANY, LLC
Defendants 269th JUDICIAL DISTRICT
JOINT MOTION FOR ENTRY OF AGREED JUDGMENT
TO THE HONORABLE COURT:
COME NOW, Xtreme Crane & Rigging, LLC (hereinafter “Xtreme”), Plaintiff, and
Central Rig Services, LLC dba D&K Energy Services and also dba Petrotex (hereinafter
“Central ig”), Defendant, collectively Movants, in the above entitled and numbered
cause and move this Court for entry of the attached interlocutory agreed judgment and in
support therefor show as follows:
JOINT MOTION FOR ENTRY OF AGREED JUDGMENT
Defendant Central Rig no longer wishes to litigate in defense of Plaintiff’s claims.
Therefore, Plaintiff Xtreme and Defendant Central Rig have jointly drafted and executed
the “Interlocutory Agreed Judgment” attached to this motion as “Exhibit A”. Defendant has
approved the proposed agreed judgment as to form both through its corporate
representative Alejandro Medina and by signature of Defendant’s counsel of record.
Xtreme and Central Rig, Movants, now move for entry of the Interlocutory Agreed
Judgment by this Court.
AUTHORITY OF THIS COURT TO ENTER CONSENT JUDGMENT
A consent judgment, or agreed judgment, the differing nomenclature describing
the same type of judgment, may provide terms, awards, or denials that would be
permissible in a judgment following trial on the merits. The parties themselves must agree
on all the terms of a settlement that forms the basis of a consent judgment. Guynn v.
Corpus Christi Bank & Trust, 580 S.W.2d 902, 906 (Tex. Civ. App.Corpus Christi 1979,
no writ). A trial court has no power to supply terms, provisions, or essential details that
were not previously agreed to by the parties. Id. In rendering judgment based on the
parties’ agreement, the trial court acts in a ministerial capacity and must render a
judgment that is in strict or literal compliance with the agreement. Nuno v. Pulido, 946
S.W.2d 448, 451 (Tex. App.Corpus Christi 1997, no writ) (trial court improperly added
prejudgment interest to arbitrator’s award after parties agreed to submit entire dispute,
which included claim for prejudgment interest, to arbitrator).
Here, for the sake of efficiency, the Parties have set forth their agreement in the
form of a proposed judgment, (see Exhibit A), such that the agreement between the
parties and the proposed judgment are one and the same. The parties have agreed to all
essential terms of the judgment, leaving no issue that need be decided by the Court. See
Reppert v. Beasley, 943 S.W.2d 172, 174 175 (Tex. App. San Antonio 1997, no writ).
Additionally, the agreed judgment has been approved by all Parties thereto as to “form
and substance”, thereby satisfying the requirements of the First District Court of Appeals
set forth in Hill v. Bellville Gen. Hosp., 735 S.W.2d 675, 678 (Tex. App.Houston [1st
Dist.] 1987, no writ).
PRAYER
Movants request that the court enter judgment in this matter as set forth in
Movants’ proposed Agreed Interlocutory Judgment and that Plaintiff have any further
relief to which the Plaintiff is entitled.
Respectfully submitted,
HOUSE PERRON & HOUSE PLLC
____________________________
Joe House
TX. Bar No. 10042150
Email: joe@houseperron.com
Ben House
TX. Bar No. 24092540
Email: ben@houseperron.com
Norfolk Tower
2211 Norfolk Street
Suite 1150
Houston, Texas 77098
Phone: 281 762 1377
Fax: 866 342 7683
ATTORNEY FOR PLAINTIFF
XTREME CRANE & RIGGING, LLC
/S/ David Cunningham (by permission)
___________________________
David Cunningham
HAYDEN & CUNNINGHAM, PC
7750 Broadway
San Antonio, Texas 78209
Tel: (210) 826 7750
Fax: (210) 822 0916
ATTORNEYS FOR DEFENDANT
CENTRAL RIG SERVICES, LLC DBA
D&K ENERGY SERVICES AND ALSO
DBA PETROTEX
CERTIFICATE OF SERVICE
Ben House, do hereby certify that a true and correct copy of the above and
foregoing instrument has been forwarded to the following attorneys of record by Email,
Certified Mail Return Receipt Requested, hand delivery and/or Telefax/Facsimile on this
12th day of July, 2019:
Via email: dcunningham@7750law.com
David Cunningham
HAYDEN & CUNNINGHAM,
7750 Broadway
San Antonio, Texas 78209
Tel: (210) 826 7750
Fax: (210) 822 0916
Attorneys for Defendant Central Rig Services, LLC dba D&K Energy Services and also
dba Petrotex
Via email: fpiazza@brothers law.com
sneuman@brothers law.com
Frank A. Piazza, Jr.
Sarai S. Neuman
Brothers Alvarado, PC
Two Memorial City Plaza
820 Gessner, Suite 1075
Houston, Texas 77024
Tel: (713) 337 0750
Fax: (713) 337 0760
Attorneys for Patterson UTI Drilling Company, LLC
/s/ Ben House
Ben House
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CAUSE NO. 2018 26705 XTREME CRANE & RIGGING, LLC IN THE DISTRICT COURT § Plaintiff § § § HARRIS COUNTY, TEXAS CENTRAL RIG SERVICES LLC dba § D&K ENERGY SERVICES and also dba PETROTEX, and PATTERSON UTI DRILLING COMPANY, LLC Defendants 269th JUDICIAL DISTRICT JOINT MOTION FOR ENTRY OF AGREED JUDGMENT TO THE HONORABLE COURT: COME NOW, Xtreme Crane & Rigging, LLC (hereinafter “Xtreme”), Plaintiff, and Central Rig Services, LLC dba D&K Energy Services and also dba Petrotex (hereinafter “Central ig”), Defendant, collectively Movants, in the above entitled and numbered cause and move this Court for entry of the attached interlocutory agreed judgment and in support therefor show as follows: JOINT MOTION FOR ENTRY OF AGREED JUDGMENT Defendant Central Rig no longer wishes to litigate in defense of Plaintiff’s claims. Therefore, Plaintiff Xtreme and Defendant Central Rig have jointly drafted and executed the “Interlocutory Agreed Judgment” attached to this motion as “Exhibit A”. Defendant has approved the proposed agreed judgment as to form both through its corporate representative Alejandro Medina and by signature of Defendant’s counsel of record. Xtreme and Central Rig, Movants, now move for entry of the Interlocutory Agreed Judgment by this Court. AUTHORITY OF THIS COURT TO ENTER CONSENT JUDGMENT A consent judgment, or agreed judgment, the differing nomenclature describing the same type of judgment, may provide terms, awards, or denials that would be permissible in a judgment following trial on the merits. The parties themselves must agree on all the terms of a settlement that forms the basis of a consent judgment. Guynn v. Corpus Christi Bank & Trust, 580 S.W.2d 902, 906 (Tex. Civ. App.Corpus Christi 1979, no writ). A trial court has no power to supply terms, provisions, or essential details that were not previously agreed to by the parties. Id. In rendering judgment based on the parties’ agreement, the trial court acts in a ministerial capacity and must render a judgment that is in strict or literal compliance with the agreement. Nuno v. Pulido, 946 S.W.2d 448, 451 (Tex. App.Corpus Christi 1997, no writ) (trial court improperly added prejudgment interest to arbitrator’s award after parties agreed to submit entire dispute, which included claim for prejudgment interest, to arbitrator). Here, for the sake of efficiency, the Parties have set forth their agreement in the form of a proposed judgment, (see Exhibit A), such that the agreement between the parties and the proposed judgment are one and the same. The parties have agreed to all essential terms of the judgment, leaving no issue that need be decided by the Court. See Reppert v. Beasley, 943 S.W.2d 172, 174 175 (Tex. App. San Antonio 1997, no writ). Additionally, the agreed judgment has been approved by all Parties thereto as to “form and substance”, thereby satisfying the requirements of the First District Court of Appeals set forth in Hill v. Bellville Gen. Hosp., 735 S.W.2d 675, 678 (Tex. App.Houston [1st Dist.] 1987, no writ). PRAYER Movants request that the court enter judgment in this matter as set forth in Movants’ proposed Agreed Interlocutory Judgment and that Plaintiff have any further relief to which the Plaintiff is entitled. Respectfully submitted, HOUSE PERRON & HOUSE PLLC ____________________________ Joe House TX. Bar No. 10042150 Email: joe@houseperron.com Ben House TX. Bar No. 24092540 Email: ben@houseperron.com Norfolk Tower 2211 Norfolk Street Suite 1150 Houston, Texas 77098 Phone: 281 762 1377 Fax: 866 342 7683 ATTORNEY FOR PLAINTIFF XTREME CRANE & RIGGING, LLC /S/ David Cunningham (by permission) ___________________________ David Cunningham HAYDEN & CUNNINGHAM, PC 7750 Broadway San Antonio, Texas 78209 Tel: (210) 826 7750 Fax: (210) 822 0916 ATTORNEYS FOR DEFENDANT CENTRAL RIG SERVICES, LLC DBA D&K ENERGY SERVICES AND ALSO DBA PETROTEX CERTIFICATE OF SERVICE Ben House, do hereby certify that a true and correct copy of the above and foregoing instrument has been forwarded to the following attorneys of record by Email, Certified Mail Return Receipt Requested, hand delivery and/or Telefax/Facsimile on this 12th day of July, 2019: Via email: dcunningham@7750law.com David Cunningham HAYDEN & CUNNINGHAM, 7750 Broadway San Antonio, Texas 78209 Tel: (210) 826 7750 Fax: (210) 822 0916 Attorneys for Defendant Central Rig Services, LLC dba D&K Energy Services and also dba Petrotex Via email: fpiazza@brothers law.com sneuman@brothers law.com Frank A. Piazza, Jr. Sarai S. Neuman Brothers Alvarado, PC Two Memorial City Plaza 820 Gessner, Suite 1075 Houston, Texas 77024 Tel: (713) 337 0750 Fax: (713) 337 0760 Attorneys for Patterson UTI Drilling Company, LLC /s/ Ben House Ben House