Preview
FILED
DALLAS COUNTY
6/5/2018 9:29 AM
FELICIA PITRE
DISTRICT CLERK
NO. DC-18-05978
DC-l 8-05978
ASHLEY HOLBERT, IndividuallyIndividually and as as )) IN THE 101ST
lOIST DISTRICT COURT
Next Friend
Friend of K.H.,
K.H., a a Minor and as as ))
Representative
Representative of the the Estate
Estate of ROWDY LEE ))
HOLBERT, Deceased,
Deceased, and DONNA ))
HOLBERT, ))
))
Plaintiffs,
Plaintiffs, ))
))
VS. )) IN AND FOR
))
CRETIC ENERGY SERVICES, LLC; ))
CATAPULT ENERGY SERVICES GROUP, )
LLC;
LLC; NGP CAPITAL MANAGEMENT, LLC; )g
and SERVA CORPORATION, ))
))
Defendants.
Defendants. )) DALLAS COUNTY, TEXAS
DALLAS
DEFENDANT CRETIC ENERGY SERVICES, LLC, CATAPULT ENERGY
SERVICES GROUP, LLC, and NGP ENERGY CAPITAL MANAGEMENT, MANAGEMENT, LLC's LLC’s
MOTION TO TRANSFER VENUE AND, SUBJECT THERETO, ORIGINAL ANSWER
TO THE HONORABLE COURT:
Come now CRETIC ENERGY SERVICES, LLC, CATAPULT ENERGY SERVICES
GROUP, LLC, and NGP ENERGY CAPITAL MANAGEMENT, LLC (incorrectly
(incorrectly named in
in
Plaintiffs'
Plaintiffs’ Original
Original Petition as NGP CAPITAL MANAGEMENT, LLC),
Petition as LLC), three
three of the
the Defendants in in
the above-entitled and numbered cause,
the above-entitled cause, and file
file this
this Motion toto Transfer
Transfer Venue of the the action
action filed by
filed by
Plaintiffs
Plaintiffs herein
herein toto Reagan County,
County, Texas,
Texas, a a county
county of proper
proper venue,
venue, and in in support
support of such motion
would show the the court
court as
as follows:
follows:
1.
1. Defendants CRETIC ENERGY SERVICES, LLC, CATAPULT ENERGY
SERVICES GROUP, LLC, and NGP ENERGY CAPITAL MANAGEMENT, LLC
LDC deny
deny that
that
Dallas
Dallas County,
County, the
the county
county inin which this
this action
action is
is pending,
pending, isis a county
county of proper
proper venue.
venue.
2.
2. Defendants further
fimher specifically
specifically deny
deny the
the following
following allegations
allegations made by by Plaintiffs:
Plainfiffs:
Page 11
a) Defendants deny
deny that
that Plaintiffs
Plaintiffs have plead
plead venue facts
facts that
that establish
establish Dallas
Dallas
County
County as
asaa county
county of
of proper
proper venue;
venue;
b) Defendant
Defendant CATAPULT ENERGY GROUP, LLC denies denies that
that it
it is
is aa proper
proper
party to
party to this
this action;
action;
c) Defendant NGP ENERGY CAPITAL MANAGEMENT, LLC denies denies that
that it
it
is
is a
a proper party to
proper party to this
this action;
action;
d)
d) Defendants
Defendants CRETIC ENERGY SERVICES, LLC and CATAPULT
ENERGY SERVICES GROUP, LLC deny
deny that
that their
their principal
pn'ncipal office
office isis in
in
Dallas County;
Dallas County;
d)
d) Without admitting
Without admitting that
that Plaintiffs
Plaintiffs have aa cause
cause of action
action against
against Defendants,
Defendants,
Defendants deny
deny that
that Dallas
Dallas County
County is
is the
the county
county in
in which all
all or
or aa
substantial
substantial part
paxt of the events
ofthe events or
or omissions
omissions giving
giving rise to
n'se to the
the claim
claim asserted
asserted by
by
Plaintiffs
Plaintiffs occurred;
occurred;
e) Defendants denydeny that
that Dallas
Dallas County is is the
the place
place where Plaintiffs
Plaintiffs resided
resided atat
the time of the
the the accrual the cause of action;
accrual of the action;
f) Defendants deny
deny that
that the
the Texas Civil
Civil Practice
Practice and Remedies Code providesprovides
aa basis
basis for
for venue in
in Dallas
Dallas County;
County; and
g)
g) Defendants deny
deny that
that there
there is
is any
any factual
factual basis
basis for
for venue
venue of the
the action
action
claimed
claimed byby Plaintiffs
Plaintiffs in
in Dallas
Dallas County,
County, Texas.
Texas.
3.
3. No provision
prowsion of
0f Section
Section 15.01
15.01 et
et seq.
seq. of the
the Civil
Civil Practice
Practice and Remedies Code
provides venue in
provides in Dallas
Dallas County.
County. Venue is is proper
proper inin Reagan County as as it
it is
is the
the county
county inin which
CRETIC ENERGY SERVICES, LLC and CATAPULT ENERGY SERVICES GROUP, LLC
maintain
maintain their
their principal
principal offices.
oflices.
4.
4. Defendants would further
further show that
that this
this case
case should be transferred
transferred to
to Reagan
County,
County, Texas also
also based on the
the provisions
provisions of Tex. Civ.
Civ. Prac.
Prac. & Rem. Code §15.002(b)
§15.002(b) and
would show unto
unto the
the Court,
Court, as
as is
is stated
stated and admitted
admitted in
in Plaintiffs'
Plaintifl‘s’ Petition,
Petition, the
the accident
accident in
in
question
question occurred
occurred inin Reagan County,
County, Texas.
Texas. land where
The land Where the
the oil
oil well
well is
is located
located is
is in
in Reagan
County,
County, Texas and further
filrther Reagan County is is the
the county
county where all all of
0f the
the witnesses
witnesses reside.
reside. To
have to
to bring
bring witnesses
witnesses from the
the location
location of the
the accident
accident in
in Reagan County to to Dallas
Dallas County
Page 2
would be an extreme hardship,
hardship, both
both logistically
log'stically and financially,
financially, on allall of the
the parties.
parties. Therefore,
Therefore,
in
in addition
addition to
to the
the reasons
reasons given
given above,
above, this
this matter
matter should
should be transferred
transferred to
to Reagan County,
County,
Texas.
Texas.
WHEREFORE, PREMISES CONSIDERED, Defendants Defendants CRETIC ENERGY SERVICES,
LLC, CATAPULT ENERGY SERVICES GROUP, LLC, and NGP ENERGY CAPITAL
MANAGEMENT, LLC request
request that,
that, after
afier notice
notice and hearing,
healing, this
this Court grant
grant this
this Motion to
to
Transfer
Transfer Venue to
to Reagan County and transfer
transfer this
this cause
cause to
to aaDistrict
District Court
Court in
in and for
for Reagan
County,
County, Texas,
Texas, taxing
taxing costs
costs incurred herein against
incurred herein against Plaintiffs;
Plaintiffs; and that these
and that these Defendants
Defendants have such such
other
other and
and further
further relief
relief to
to which they
they may be entitled.
entitled.
SUBJECT TO MOTION TO T0 TRANSFER VENUE,
DEFENDANTS’
DEFENDANTS' ORIGINAL ANSWER
TO THE HONORABLE COURT:
COME NOW CRETIC ENERGY SERVICES, LLC, CATAPULT ENERGY SERVICES
GROUP, LLC, and NGP ENERGY CAPITAL MANAGEMENT, LLC (incorrectly
(incorrectly named in
in
Plaintiffs'
Plaintiffs’ Original
Original Petition
Petition as
as NGP CAPITAL MANAGEMENT, LLC), LLC), Defendants
Defendants in in the
the above-
above-
entitled
entitled and numbered cause,
cause, and subject
subject toto the
the Motion to to Transfer
Transfer Venue filedfiled herein,
herein, make the
the
following
following answer to to Plaintiff's
Plaintiff’s Original
Original Petition.
Petition.
I.
I.
DISCOVERY
Defendants allege
allege that
that discovery
discovery in
in this
this case
case should
should be conducted
conducted at
at Level III
III under aa
discovery
discovery control
control plan tailored
tailored to
to the
the circumstances
circumstances of thisthis lawsuit
lawsuit pursuant
pursuant toto TEX. R. R. CIV. P.P.
90.4.
1190.4.
Page 33
IL
II.
GENERAL DENIAL
Defendants
Defendants place
place in
in issue
issue all
all matters
matters contained
contained in in Plaintiffs'
Plaintiffs' Original
Orig'nal Petition
Petition by
by general
general
denial pursuant to
denial pursuant to TEX. R. R. CIV.
CIV. P.P. 92.
92.
III.
III.
AFFIRMATIVE DEFENSES
A.
A. On the
the occasion
occasion in in question,
question, Plaintiff
Plaintiff was negligent
negligent and
and such
such negligence
negligence was the the
proximate
proximate cause
cause of the
the incident
incident in
in question
question and any
any alleged
alleged resulting
resulting injuries
injuries or
or damages to
to
Plaintiff.
Plaintiff. Plaintiff's
Plaintiff’s claims
claims are
are therefore
therefore barred
barred or,
or, in
in the
the alternative,
altemative, should
should be reduced
reduced in
in
accordance
accordance with
with Chapter
Chapter 3333 of the
the Texas
Texas Civil
Civil Practice
Practice and Remedies Code.
B.
B. Defendants'
Defendants’ liability,
liability, if
if any,
any, is
is limited
limited to
to its
its proportionate
proportionate responsibility
responsibility under
under the
the
provisions
provisions of Chapter
Chapter 3333 of the
the Texas Civil
Civil Practice
Practice and Remedies Code. Code.
C.
C. Plaintiff's
Plaintiff’s recovery of medical
recovery medical or
or health
health care
care expenses
expenses is
is limited
limited to
to the
the amount
actually paid or
actually paid or incurred
incurred byby or
or on behalf
behalf of Plaintiffs
Plaintiffs under
under TEX. CIV. PRAC. & REM. CODE
ANN. §§41.0105.
41.0105.
D.
D. Plaintiff's
Plaintist recovery
recovery of
of pre-judgment
pre-judgmcnt and
and post judgment
post-judgment interest
interest is
is limited
limited as
as
provided by
provided by TEX. FIN. CODE ANN. §§ 304.
304.
E.
E. Plaintiff
Plaintiff is
is not
not entitled
entitled to
to recovery
recovery of
0f exemplary
exemplary damages because
because he has
has not
not
alleged
alleged facts
facts which allow
allow recovery
recovery of0f exemplary
exemplary damages under Chapter Chapter 4141 of the
the Texas Civil
Civil
Practice
Practice and
and Remedies Code.
Code.
F.
F. Plaintiff's
Plaintiff’s right
right to
to recover
recover punitive
punitive damages against
against Defendants
Defendants is
Preview
FILED DALLAS COUNTY 6/5/2018 9:29 AM FELICIA PITRE DISTRICT CLERK NO. DC-18-05978 DC-l 8-05978 ASHLEY HOLBERT, IndividuallyIndividually and as as )) IN THE 101ST lOIST DISTRICT COURT Next Friend Friend of K.H., K.H., a a Minor and as as )) Representative Representative of the the Estate Estate of ROWDY LEE )) HOLBERT, Deceased, Deceased, and DONNA )) HOLBERT, )) )) Plaintiffs, Plaintiffs, )) )) VS. )) IN AND FOR )) CRETIC ENERGY SERVICES, LLC; )) CATAPULT ENERGY SERVICES GROUP, ) LLC; LLC; NGP CAPITAL MANAGEMENT, LLC; )g and SERVA CORPORATION, )) )) Defendants. Defendants. )) DALLAS COUNTY, TEXAS DALLAS DEFENDANT CRETIC ENERGY SERVICES, LLC, CATAPULT ENERGY SERVICES GROUP, LLC, and NGP ENERGY CAPITAL MANAGEMENT, MANAGEMENT, LLC's LLC’s MOTION TO TRANSFER VENUE AND, SUBJECT THERETO, ORIGINAL ANSWER TO THE HONORABLE COURT: Come now CRETIC ENERGY SERVICES, LLC, CATAPULT ENERGY SERVICES GROUP, LLC, and NGP ENERGY CAPITAL MANAGEMENT, LLC (incorrectly (incorrectly named in in Plaintiffs' Plaintiffs’ Original Original Petition as NGP CAPITAL MANAGEMENT, LLC), Petition as LLC), three three of the the Defendants in in the above-entitled and numbered cause, the above-entitled cause, and file file this this Motion toto Transfer Transfer Venue of the the action action filed by filed by Plaintiffs Plaintiffs herein herein toto Reagan County, County, Texas, Texas, a a county county of proper proper venue, venue, and in in support support of such motion would show the the court court as as follows: follows: 1. 1. Defendants CRETIC ENERGY SERVICES, LLC, CATAPULT ENERGY SERVICES GROUP, LLC, and NGP ENERGY CAPITAL MANAGEMENT, LLC LDC deny deny that that Dallas Dallas County, County, the the county county inin which this this action action is is pending, pending, isis a county county of proper proper venue. venue. 2. 2. Defendants further fimher specifically specifically deny deny the the following following allegations allegations made by by Plaintiffs: Plainfiffs: Page 11 a) Defendants deny deny that that Plaintiffs Plaintiffs have plead plead venue facts facts that that establish establish Dallas Dallas County County as asaa county county of of proper proper venue; venue; b) Defendant Defendant CATAPULT ENERGY GROUP, LLC denies denies that that it it is is aa proper proper party to party to this this action; action; c) Defendant NGP ENERGY CAPITAL MANAGEMENT, LLC denies denies that that it it is is a a proper party to proper party to this this action; action; d) d) Defendants Defendants CRETIC ENERGY SERVICES, LLC and CATAPULT ENERGY SERVICES GROUP, LLC deny deny that that their their principal pn'ncipal office office isis in in Dallas County; Dallas County; d) d) Without admitting Without admitting that that Plaintiffs Plaintiffs have aa cause cause of action action against against Defendants, Defendants, Defendants deny deny that that Dallas Dallas County County is is the the county county in in which all all or or aa substantial substantial part paxt of the events ofthe events or or omissions omissions giving giving rise to n'se to the the claim claim asserted asserted by by Plaintiffs Plaintiffs occurred; occurred; e) Defendants denydeny that that Dallas Dallas County is is the the place place where Plaintiffs Plaintiffs resided resided atat the time of the the the accrual the cause of action; accrual of the action; f) Defendants deny deny that that the the Texas Civil Civil Practice Practice and Remedies Code providesprovides aa basis basis for for venue in in Dallas Dallas County; County; and g) g) Defendants deny deny that that there there is is any any factual factual basis basis for for venue venue of the the action action claimed claimed byby Plaintiffs Plaintiffs in in Dallas Dallas County, County, Texas. Texas. 3. 3. No provision prowsion of 0f Section Section 15.01 15.01 et et seq. seq. of the the Civil Civil Practice Practice and Remedies Code provides venue in provides in Dallas Dallas County. County. Venue is is proper proper inin Reagan County as as it it is is the the county county inin which CRETIC ENERGY SERVICES, LLC and CATAPULT ENERGY SERVICES GROUP, LLC maintain maintain their their principal principal offices. oflices. 4. 4. Defendants would further further show that that this this case case should be transferred transferred to to Reagan County, County, Texas also also based on the the provisions provisions of Tex. Civ. Civ. Prac. Prac. & Rem. Code §15.002(b) §15.002(b) and would show unto unto the the Court, Court, as as is is stated stated and admitted admitted in in Plaintiffs' Plaintifl‘s’ Petition, Petition, the the accident accident in in question question occurred occurred inin Reagan County, County, Texas. Texas. land where The land Where the the oil oil well well is is located located is is in in Reagan County, County, Texas and further filrther Reagan County is is the the county county where all all of 0f the the witnesses witnesses reside. reside. To have to to bring bring witnesses witnesses from the the location location of the the accident accident in in Reagan County to to Dallas Dallas County Page 2 would be an extreme hardship, hardship, both both logistically log'stically and financially, financially, on allall of the the parties. parties. Therefore, Therefore, in in addition addition to to the the reasons reasons given given above, above, this this matter matter should should be transferred transferred to to Reagan County, County, Texas. Texas. WHEREFORE, PREMISES CONSIDERED, Defendants Defendants CRETIC ENERGY SERVICES, LLC, CATAPULT ENERGY SERVICES GROUP, LLC, and NGP ENERGY CAPITAL MANAGEMENT, LLC request request that, that, after afier notice notice and hearing, healing, this this Court grant grant this this Motion to to Transfer Transfer Venue to to Reagan County and transfer transfer this this cause cause to to aaDistrict District Court Court in in and for for Reagan County, County, Texas, Texas, taxing taxing costs costs incurred herein against incurred herein against Plaintiffs; Plaintiffs; and that these and that these Defendants Defendants have such such other other and and further further relief relief to to which they they may be entitled. entitled. SUBJECT TO MOTION TO T0 TRANSFER VENUE, DEFENDANTS’ DEFENDANTS' ORIGINAL ANSWER TO THE HONORABLE COURT: COME NOW CRETIC ENERGY SERVICES, LLC, CATAPULT ENERGY SERVICES GROUP, LLC, and NGP ENERGY CAPITAL MANAGEMENT, LLC (incorrectly (incorrectly named in in Plaintiffs' Plaintiffs’ Original Original Petition Petition as as NGP CAPITAL MANAGEMENT, LLC), LLC), Defendants Defendants in in the the above- above- entitled entitled and numbered cause, cause, and subject subject toto the the Motion to to Transfer Transfer Venue filedfiled herein, herein, make the the following following answer to to Plaintiff's Plaintiff’s Original Original Petition. Petition. I. I. DISCOVERY Defendants allege allege that that discovery discovery in in this this case case should should be conducted conducted at at Level III III under aa discovery discovery control control plan tailored tailored to to the the circumstances circumstances of thisthis lawsuit lawsuit pursuant pursuant toto TEX. R. R. CIV. P.P. 90.4. 1190.4. Page 33 IL II. GENERAL DENIAL Defendants Defendants place place in in issue issue all all matters matters contained contained in in Plaintiffs' Plaintiffs' Original Orig'nal Petition Petition by by general general denial pursuant to denial pursuant to TEX. R. R. CIV. CIV. P.P. 92. 92. III. III. AFFIRMATIVE DEFENSES A. A. On the the occasion occasion in in question, question, Plaintiff Plaintiff was negligent negligent and and such such negligence negligence was the the proximate proximate cause cause of the the incident incident in in question question and any any alleged alleged resulting resulting injuries injuries or or damages to to Plaintiff. Plaintiff. Plaintiff's Plaintiff’s claims claims are are therefore therefore barred barred or, or, in in the the alternative, altemative, should should be reduced reduced in in accordance accordance with with Chapter Chapter 3333 of the the Texas Texas Civil Civil Practice Practice and Remedies Code. B. B. Defendants' Defendants’ liability, liability, if if any, any, is is limited limited to to its its proportionate proportionate responsibility responsibility under under the the provisions provisions of Chapter Chapter 3333 of the the Texas Civil Civil Practice Practice and Remedies Code. Code. C. C. Plaintiff's Plaintiff’s recovery of medical recovery medical or or health health care care expenses expenses is is limited limited to to the the amount actually paid or actually paid or incurred incurred byby or or on behalf behalf of Plaintiffs Plaintiffs under under TEX. CIV. PRAC. & REM. CODE ANN. §§41.0105. 41.0105. D. D. Plaintiff's Plaintist recovery recovery of of pre-judgment pre-judgmcnt and and post judgment post-judgment interest interest is is limited limited as as provided by provided by TEX. FIN. CODE ANN. §§ 304. 304. E. E. Plaintiff Plaintiff is is not not entitled entitled to to recovery recovery of 0f exemplary exemplary damages because because he has has not not alleged alleged facts facts which allow allow recovery recovery of0f exemplary exemplary damages under Chapter Chapter 4141 of the the Texas Civil Civil Practice Practice and and Remedies Code. Code. F. F. Plaintiff's Plaintiff’s right right to to recover recover punitive punitive damages against against Defendants Defendants is