On July 26, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Weldon Contractors, Llc D B A Weldon Contractors,
and
Czot Mgs Llc,
Hartford Fire Insurance Company,
for OTHER CONTRACT
in the District Court of Dallas County.
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FILED
3/14/2023 3:29 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS 00., TEXAS
Scott Anders DEPUTY
Cause N0. DC-21-09687
WELDON CONTRACTORS, LLC D/B/A § IN THE DISTRICT COURT OF
WELDON CONTRACTORS §
§
Plaintiff, §
v. §
§ 193m IUDICIAL DISTRICT
CZOT/MGS LLC AND HARTFORD FIRE §
INSURANCE COMPANY §
§
Defendants. § DALLAS COUNTY, TEXAS
WELDON CONTRACTORS, LLC D/B/A WELDON CONTRACTORS’ MOTION TO
COMPEL MEDIATION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Weldon Contractors, LLC D/ B/ A Weldon Contractors
(”Weldon”), and files its Motion to Compel Mediation against Defendants CZOT/ MGS
LLC (”Construction Zone”) and Hartford Fire Insurance Company (”Hartford”)
(collectively the ”Defendants”), and in support thereof respectfully shows the Court as
follows:
I. BACKGROUND
Weldon filed suit on or around July 26, 2021 against Defendants due to unpaid
contract amounts owed to Weldon. Construction Zone, as general contractor, entered into
a subcontract agreement With Weldon wherein Weldon agreed to furnish all labor,
material, equipment, and supervision as required to replace, upgrade, and renovate
portions of the HVAC systems, including heat pump, piping, and associated equipment
at two DISD schools.
PLAINTIFF’S MOTION To COMPEL MEDIATION PAGE|1
On or around October 25, 2022, Weldon filed a Motion to Compel Discovery due
to unresponsiveness to a number of categories of requested documents in Weldon’s First
Request for Production.
Construction Zone’s unresponsiveness has delayed progression of this matter.
Weldon Wishes to mediate in order to make progress in resolving this dispute. Therefore,
Weldon asks the Court to order Defendants to mediate.
II. MOTION TO COMPEL MEDIATION
Weldon asks that this Court compel mediation between the parties. Texas law
allows the Court to refer a matter to alternative dispute resolution upon a party’s motion.
TEX. CIV. PRAC. & REM. CODE § 154.021(a). Further, it is public policy ”to encourage the
peaceable resolution of disputes. . .and the early settlement of pending litigation through
voluntary settlement procedures.” TEX. CIV. PRAC. 8: REM. CODE §154.002. ”It is the
responsibility of all trial and appellate courts and their court administrators to carry out
the policy under Section 154.002.” Additionally, ”[i]t is this Court’s policy to require
mediation of all cases.” (193rd District Court Policies and Procedures).
Weldon asks that the Court refer this matter to a mediator who is qualified for
mediation as provided by Section 154.052 of the Texas Civil Practice and Remedies Code
and order Defendants to cooperate in setting and attending mediation. Weldon requests
that the cost of mediation be taxed against the parties in this action equally.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Weldon Contractors, LLC D / B / A
Weldon Contractors respectfully requests that this Court order Defendants CZOT/ MGS
LLC and Hartford Fire Insurance Company to mediation.
PLAINTIFF’S MOTION To COMPEL MEDIATION PAGE|2
Respectfully Submitted,
THOMAS, FELDMAN 81: WILSHUSEN, LLP
By: /S/ Todd R. Nectoux
TODD R. NECTOUX
State Bar No. 24032899
Email: tnectouxgfltandw. com
SABRINA E. ALLEN
State Bar No. 24131223
Email: sallen@ttandw.com
Merit Tower
12222 Merit Drive, Suite 1450
Dallas, Texas 75251-3297
Telephone: (214) 369-3008
Fax: (214) 369-8393
ATTORNEYS FOR PLAINTIFF WELDON
CONTRACT016', LLC D/B/A WELDON
CONTRACTORS
CERTIFICATE OF SERVICE
This is to certify that on this 14th day 0f March 2023, a true and correct copy of the
above and foregoing instruments was served upon all counsel of record pursuant to the
Rules of Civil Procedure by the electronic filing system.
/s/ Todd R. Nectowc
Todd R. Nectoux
CERTIFICATE OF CONFERENCE
I, the undersigned attorney, hereby certify to the Court that I have conferred with opposing
counsel in an effort to resolve the issues contained in this motion Without the necessity of Court
intervention, and opposing counsel has indicated that he does not oppose this motion.
Certified on the 14th day of March, 2023.
/S/ Todd R. Nectoux
Todd R. Nectoux
PLAINTIFF’S MOTION To COMPEL MEDIATION PAGE|3
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Mario Young on behalf of Todd Nectoux
Bar No. 24032899
myoung@tfandw.com
Envelope ID: 73655328
Filing Code Description: Motion - Compel
Filing Description:
Status as of 3/15/2023 3:40 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Todd R.Nectoux tnectoux@tfandw.com 3/14/2023 3:29:57 PM SENT
W T Skip Leake skip@leakelaw.com 3/14/2023 3:29:57 PM SENT
Jonathan C.Conway cconway@leakelaw.com 3/14/2023 3:29:57 PM SENT
Associated Case Party: HARTFORD FIRE INSURANCE COMPANY
Name BarN um ber Email TimestampSubmitted Status
Maribel Luzu naris Maribel.Luzu naris@thehartford.com 3/14/2023 3:29:57 PM SENT
Associated Case Party: WELDON CONTRACTORS, LLC D/B/A WELDON
CONTRACTORS
Name BarN um ber Email TimestampSubmitted Status
Sabrina Allen 24131223 sallen@tfandw.com 3/14/2023 3:29:57 PM SENT
Document Filed Date
March 14, 2023
Case Filing Date
July 26, 2021
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FILED 3/14/2023 3:29 PM FELICIA PITRE DISTRICT CLERK DALLAS 00., TEXAS Scott Anders DEPUTY Cause N0. DC-21-09687 WELDON CONTRACTORS, LLC D/B/A § IN THE DISTRICT COURT OF WELDON CONTRACTORS § § Plaintiff, § v. § § 193m IUDICIAL DISTRICT CZOT/MGS LLC AND HARTFORD FIRE § INSURANCE COMPANY § § Defendants. § DALLAS COUNTY, TEXAS WELDON CONTRACTORS, LLC D/B/A WELDON CONTRACTORS’ MOTION TO COMPEL MEDIATION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Weldon Contractors, LLC D/ B/ A Weldon Contractors (”Weldon”), and files its Motion to Compel Mediation against Defendants CZOT/ MGS LLC (”Construction Zone”) and Hartford Fire Insurance Company (”Hartford”) (collectively the ”Defendants”), and in support thereof respectfully shows the Court as follows: I. BACKGROUND Weldon filed suit on or around July 26, 2021 against Defendants due to unpaid contract amounts owed to Weldon. Construction Zone, as general contractor, entered into a subcontract agreement With Weldon wherein Weldon agreed to furnish all labor, material, equipment, and supervision as required to replace, upgrade, and renovate portions of the HVAC systems, including heat pump, piping, and associated equipment at two DISD schools. PLAINTIFF’S MOTION To COMPEL MEDIATION PAGE|1 On or around October 25, 2022, Weldon filed a Motion to Compel Discovery due to unresponsiveness to a number of categories of requested documents in Weldon’s First Request for Production. Construction Zone’s unresponsiveness has delayed progression of this matter. Weldon Wishes to mediate in order to make progress in resolving this dispute. Therefore, Weldon asks the Court to order Defendants to mediate. II. MOTION TO COMPEL MEDIATION Weldon asks that this Court compel mediation between the parties. Texas law allows the Court to refer a matter to alternative dispute resolution upon a party’s motion. TEX. CIV. PRAC. & REM. CODE § 154.021(a). Further, it is public policy ”to encourage the peaceable resolution of disputes. . .and the early settlement of pending litigation through voluntary settlement procedures.” TEX. CIV. PRAC. 8: REM. CODE §154.002. ”It is the responsibility of all trial and appellate courts and their court administrators to carry out the policy under Section 154.002.” Additionally, ”[i]t is this Court’s policy to require mediation of all cases.” (193rd District Court Policies and Procedures). Weldon asks that the Court refer this matter to a mediator who is qualified for mediation as provided by Section 154.052 of the Texas Civil Practice and Remedies Code and order Defendants to cooperate in setting and attending mediation. Weldon requests that the cost of mediation be taxed against the parties in this action equally. PRAYER WHEREFORE, PREMISES CONSIDERED, Weldon Contractors, LLC D / B / A Weldon Contractors respectfully requests that this Court order Defendants CZOT/ MGS LLC and Hartford Fire Insurance Company to mediation. PLAINTIFF’S MOTION To COMPEL MEDIATION PAGE|2 Respectfully Submitted, THOMAS, FELDMAN 81: WILSHUSEN, LLP By: /S/ Todd R. Nectoux TODD R. NECTOUX State Bar No. 24032899 Email: tnectouxgfltandw. com SABRINA E. ALLEN State Bar No. 24131223 Email: sallen@ttandw.com Merit Tower 12222 Merit Drive, Suite 1450 Dallas, Texas 75251-3297 Telephone: (214) 369-3008 Fax: (214) 369-8393 ATTORNEYS FOR PLAINTIFF WELDON CONTRACT016', LLC D/B/A WELDON CONTRACTORS CERTIFICATE OF SERVICE This is to certify that on this 14th day 0f March 2023, a true and correct copy of the above and foregoing instruments was served upon all counsel of record pursuant to the Rules of Civil Procedure by the electronic filing system. /s/ Todd R. Nectowc Todd R. Nectoux CERTIFICATE OF CONFERENCE I, the undersigned attorney, hereby certify to the Court that I have conferred with opposing counsel in an effort to resolve the issues contained in this motion Without the necessity of Court intervention, and opposing counsel has indicated that he does not oppose this motion. Certified on the 14th day of March, 2023. /S/ Todd R. Nectoux Todd R. Nectoux PLAINTIFF’S MOTION To COMPEL MEDIATION PAGE|3 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Mario Young on behalf of Todd Nectoux Bar No. 24032899 myoung@tfandw.com Envelope ID: 73655328 Filing Code Description: Motion - Compel Filing Description: Status as of 3/15/2023 3:40 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Todd R.Nectoux tnectoux@tfandw.com 3/14/2023 3:29:57 PM SENT W T Skip Leake skip@leakelaw.com 3/14/2023 3:29:57 PM SENT Jonathan C.Conway cconway@leakelaw.com 3/14/2023 3:29:57 PM SENT Associated Case Party: HARTFORD FIRE INSURANCE COMPANY Name BarN um ber Email TimestampSubmitted Status Maribel Luzu naris Maribel.Luzu naris@thehartford.com 3/14/2023 3:29:57 PM SENT Associated Case Party: WELDON CONTRACTORS, LLC D/B/A WELDON CONTRACTORS Name BarN um ber Email TimestampSubmitted Status Sabrina Allen 24131223 sallen@tfandw.com 3/14/2023 3:29:57 PM SENT