On July 27, 2021 a
Motion-Secondary
was filed
involving a dispute between
Trapp, Elena,
Trapp, Sean,
and
Ward Brown Builders,
Ward-Brown Partners Llc,
for OTHER CIVIL
in the District Court of Harris County.
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CAUSE NO. 2021-45494
SEAN TRAPP and ELENA TRAPP IN THE DISTRICT COURT OF
Plaintiffs,
HARRIS COUNTY, TEXAS
WARD-BROWN PARTNERS, LLC d/b/a
WARD BROWN BUILDERS
Defendant TH JUDICIAL DISTRICT
ORDER GRANTING
PLAINTIFFS’ MOTION FOR SANCTIONS
On this day, the Court considered Plaintiffs Sean Trapp and Elena Trapp’s (collectively,
“Plaintiffs”) Motion for Sanctions against Defendant Ward-Brown Partners, LLC d/b/a Ward
Brown Builders (“Defendant Ward Brown”). After considering the Motion, any exhibits, the
applicable law, all timely responses and replies, and the arguments of counsel, if any, this Court is
of the opinion that the Motion should be GRANTED as follows:
Plaintiffs’ Motion for Sanctions under Texas Rule of Civil Procedure 215 is hereby
GRANTED.
It is therefore ORDERED that Defendant Ward Brown’s Original Answer is hereby
stricken, and default judgment is rendered against Defendant Ward Brown on each of the claims
set out in Plaintiffs’ Amended Petition.
[and/or]
It is therefore ORDERED that Defendant Ward Brown is not permitted to oppose
Plaintiffs’ claims and is not permitted to support Defendant Ward Brown’s defenses at trial.
[and/or]
1
It is therefore ORDERED that all of Plaintiffs’ reasonable attorneys’ fees and costs
incurred associated with discovery in this case be taxed against Defendant Ward Brown and its
attorneys of record, jointly and severally.
[and/or]
It is therefore ORDERED that all of Plaintiffs’ reasonable attorneys’ fees and costs
incurred associated with the preparation of, scheduling of, and appearing for Defendant Ward
Brown’s February 3, 2023 deposition be taxed against Defendant Ward Brown and its attorneys
of record, jointly and severally, which amount to $__________________.
IT IS SO ORDERED, this ____ day of __________, 2023.
Honorable Judge Presiding
2
APPROVED AS TO FORM:
ILPATRICK OWNSEND AND TOCKTON LLP
By: /s/ Nicholas J. Nieto
RIAN R. AUDET
Texas Bar No. 24045928
ICHOLAS J. IETO
Texas Bar No. 24098179
700 Louisiana Street, 43rd Floor
Houston, TX 77002
Telephone: (281) 809-4080
Telecopier: (281) 783-2286
Email: bgaudet@kilpatricktownsend.com
Email: nnieto@kilpatricktownsend.com
Mark D. Boynton
N.C. Bar No. 26066 (admitted pro hac vice)
1001 West Fourth Street
Winston-Salem, North Carolina 27101
Telephone: (336) 607-7320
Telecopier: (336) 217-8738
Email: mboynton@kilpatricktownsend.com
ATTORNEYS FOR PLAINTIFFS
SEAN TRAPP AND ELENA TRAPP
3
Document Filed Date
February 10, 2023
Case Filing Date
July 27, 2021
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CAUSE NO. 2021-45494 SEAN TRAPP and ELENA TRAPP IN THE DISTRICT COURT OF Plaintiffs, HARRIS COUNTY, TEXAS WARD-BROWN PARTNERS, LLC d/b/a WARD BROWN BUILDERS Defendant TH JUDICIAL DISTRICT ORDER GRANTING PLAINTIFFS’ MOTION FOR SANCTIONS On this day, the Court considered Plaintiffs Sean Trapp and Elena Trapp’s (collectively, “Plaintiffs”) Motion for Sanctions against Defendant Ward-Brown Partners, LLC d/b/a Ward Brown Builders (“Defendant Ward Brown”). After considering the Motion, any exhibits, the applicable law, all timely responses and replies, and the arguments of counsel, if any, this Court is of the opinion that the Motion should be GRANTED as follows: Plaintiffs’ Motion for Sanctions under Texas Rule of Civil Procedure 215 is hereby GRANTED. It is therefore ORDERED that Defendant Ward Brown’s Original Answer is hereby stricken, and default judgment is rendered against Defendant Ward Brown on each of the claims set out in Plaintiffs’ Amended Petition. [and/or] It is therefore ORDERED that Defendant Ward Brown is not permitted to oppose Plaintiffs’ claims and is not permitted to support Defendant Ward Brown’s defenses at trial. [and/or] 1 It is therefore ORDERED that all of Plaintiffs’ reasonable attorneys’ fees and costs incurred associated with discovery in this case be taxed against Defendant Ward Brown and its attorneys of record, jointly and severally. [and/or] It is therefore ORDERED that all of Plaintiffs’ reasonable attorneys’ fees and costs incurred associated with the preparation of, scheduling of, and appearing for Defendant Ward Brown’s February 3, 2023 deposition be taxed against Defendant Ward Brown and its attorneys of record, jointly and severally, which amount to $__________________. IT IS SO ORDERED, this ____ day of __________, 2023. Honorable Judge Presiding 2 APPROVED AS TO FORM: ILPATRICK OWNSEND AND TOCKTON LLP By: /s/ Nicholas J. Nieto RIAN R. AUDET Texas Bar No. 24045928 ICHOLAS J. IETO Texas Bar No. 24098179 700 Louisiana Street, 43rd Floor Houston, TX 77002 Telephone: (281) 809-4080 Telecopier: (281) 783-2286 Email: bgaudet@kilpatricktownsend.com Email: nnieto@kilpatricktownsend.com Mark D. Boynton N.C. Bar No. 26066 (admitted pro hac vice) 1001 West Fourth Street Winston-Salem, North Carolina 27101 Telephone: (336) 607-7320 Telecopier: (336) 217-8738 Email: mboynton@kilpatricktownsend.com ATTORNEYS FOR PLAINTIFFS SEAN TRAPP AND ELENA TRAPP 3