On February 20, 2015 a
Motion,Ex Parte
was filed
involving a dispute between
Saenz, Gudalupe,
Saenz, Petra,
and
Glenn, Raymond Jr,
Ogo Marketing Llc,
for OTHER CIVIL
in the District Court of Harris County.
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CAUSE NO. 2015-10004
GUADALUPE SAENZ and IN THE DISTRICT COURT OF
PETRA SAENZ,
Petitioners,
HARRIS COUNTY, TEXAS
RAYMOND JR. GLENN and OGO
MARKETING LLC JUDICIAL DISTRICT COURT
Defendants.
PLAINTIFF, GUADALUPE SAENZ’S MOTION FOR ENFORCEMENT OF
SETTLEMENT AGREEMENT AND MOTION FOR SANCTIONS
TO THE HONORABLE JUDGE OFSAID COURT:
Plaintiff, GUADALUPE SAENZ (hereafter, “Plaintiff”), files this Motion for Enforcement
of Settlement Agreement and Motion for Sanctions, and in support thereof, shows the following:
Plaintiff and Defendants, RAYMOND JR. GLENN and OGO MARKETING, LLC
(hereafter, the Defendants ), entered into a written ettlement Agreement dated May 4, 2016.
true and correct copy of the Settlement Agreement is attached hereto as Exhibit ”
The Settlement Agreement stated in pertinent part the following:
Defendants, through insurer agree to pay Plaintiffs, Petra Saenz and
Guadalupe Saenz the total sum of $40,000.00 and
DOLLARS respectively in full and final settlement within twenty
(20) days of receipt of accurate drafting instructions.
More than fifty eight (58) days have passed since the mediation of this matter. The
Defendants refuse to issue a settlement in the amount of $42,000.00 the Plaintiff despite the
Plaintiff tendering accurate drafting instructions to Counsel for the Defendants.
The Defendants blatantly fuse to comply with the terms of the written Settlement
Agreement. Defendants have intentionally failed to remit the settlement within twenty days of
receipt of accurate drafting instructions.
1
In ayway Servs. Ameri Build Constr., 106 S.W.156 Tex. App.Houston
Dist.] 2003), the Court in that case stated that a motion seeking enforcement of a settlement
agreement is sufficient to permit the entry of a judgment enforcing the settlement, because it gives
the nonmovant notice of the claim asserted and an opportunity to defend itself.
Additionally, Plaintiff requests an award of sanctions in the amount of $1,425.00
against the Defendants and their attorney, David Odom, to reimburse Plaintiff for attorneys fees
incurred in the drafting of this motion.
WHEREFORE, PREMISES CONSIDERED, Plaintiff, GUADALUPE SAENZ
respectfully requests that this Court granted this Motion for Enforcement of Settlement Agreement
and Motion for Sanctions, along with such other and further relief which Plaintiff may show
himself justly entitled.
CERTIFICATE OF CONFERENC
The undersigned attorney hereby certified that he faxed copies of the foregoing Motion to
opposing counsel of record in this matter, requested available hearing dates, and asked counsel for
Defendants whether he was opposed or unopposed to this Motion. As of the time of filing this
Motion, opposing counsel has not responded
Respectfully submitted,
MAADANI LAW, PC.
/s/ Pejman Maadani
Pejman J. Maadani
SBN: 24052152
6430 Richmond Ave, Ste 480
Houston, Texas 77057
pj@attorneymaadani.com
Telephone: (713) 782
Facsimile: (713) 782
ATTORNEY FOR PLAINTIFF
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was forwarded to all known
counsel of record by certified mail, return receipt requested; regular mail; hand delivery; or
facsimile transmission onJuly 1,
David E. Odom
1 East Greenway Plaza Suite 1005
Houston, Texas 77046
Fax: (866) 364
/s/ Pejman Maadani
Pejman J. Maadani
Document Filed Date
July 01, 2016
Case Filing Date
February 20, 2015
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CAUSE NO. 2015-10004 GUADALUPE SAENZ and IN THE DISTRICT COURT OF PETRA SAENZ, Petitioners, HARRIS COUNTY, TEXAS RAYMOND JR. GLENN and OGO MARKETING LLC JUDICIAL DISTRICT COURT Defendants. PLAINTIFF, GUADALUPE SAENZ’S MOTION FOR ENFORCEMENT OF SETTLEMENT AGREEMENT AND MOTION FOR SANCTIONS TO THE HONORABLE JUDGE OFSAID COURT: Plaintiff, GUADALUPE SAENZ (hereafter, “Plaintiff”), files this Motion for Enforcement of Settlement Agreement and Motion for Sanctions, and in support thereof, shows the following: Plaintiff and Defendants, RAYMOND JR. GLENN and OGO MARKETING, LLC (hereafter, the Defendants ), entered into a written ettlement Agreement dated May 4, 2016. true and correct copy of the Settlement Agreement is attached hereto as Exhibit ” The Settlement Agreement stated in pertinent part the following: Defendants, through insurer agree to pay Plaintiffs, Petra Saenz and Guadalupe Saenz the total sum of $40,000.00 and DOLLARS respectively in full and final settlement within twenty (20) days of receipt of accurate drafting instructions. More than fifty eight (58) days have passed since the mediation of this matter. The Defendants refuse to issue a settlement in the amount of $42,000.00 the Plaintiff despite the Plaintiff tendering accurate drafting instructions to Counsel for the Defendants. The Defendants blatantly fuse to comply with the terms of the written Settlement Agreement. Defendants have intentionally failed to remit the settlement within twenty days of receipt of accurate drafting instructions. 1 In ayway Servs. Ameri Build Constr., 106 S.W.156 Tex. App.Houston Dist.] 2003), the Court in that case stated that a motion seeking enforcement of a settlement agreement is sufficient to permit the entry of a judgment enforcing the settlement, because it gives the nonmovant notice of the claim asserted and an opportunity to defend itself. Additionally, Plaintiff requests an award of sanctions in the amount of $1,425.00 against the Defendants and their attorney, David Odom, to reimburse Plaintiff for attorneys fees incurred in the drafting of this motion. WHEREFORE, PREMISES CONSIDERED, Plaintiff, GUADALUPE SAENZ respectfully requests that this Court granted this Motion for Enforcement of Settlement Agreement and Motion for Sanctions, along with such other and further relief which Plaintiff may show himself justly entitled. CERTIFICATE OF CONFERENC The undersigned attorney hereby certified that he faxed copies of the foregoing Motion to opposing counsel of record in this matter, requested available hearing dates, and asked counsel for Defendants whether he was opposed or unopposed to this Motion. As of the time of filing this Motion, opposing counsel has not responded Respectfully submitted, MAADANI LAW, PC. /s/ Pejman Maadani Pejman J. Maadani SBN: 24052152 6430 Richmond Ave, Ste 480 Houston, Texas 77057 pj@attorneymaadani.com Telephone: (713) 782 Facsimile: (713) 782 ATTORNEY FOR PLAINTIFF CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was forwarded to all known counsel of record by certified mail, return receipt requested; regular mail; hand delivery; or facsimile transmission onJuly 1, David E. Odom 1 East Greenway Plaza Suite 1005 Houston, Texas 77046 Fax: (866) 364 /s/ Pejman Maadani Pejman J. Maadani