Preview
FILED
12/16/2021 8:46 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Loaidi Grove DEPUTY
CAUSE NO. DC-21-13041
AMOS FINANCIAL LLC, § IN THE DISTRICT COURT OF
§
Plaintiff, §
§
V. § DALLAS COUNTY TEXAS
§
ACCEL INTERNATIONAL INC.; RAVI §
KUMAR DOKKU, §
§ 298th JUDICIAL DISTRICT
Defendant. §
§
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
Plaintiff AMOS FINANCIAL LLC (“Plaintiff”) asks the Court to Sign a judgment against
Defendant ACCEL INTERNATIONAL WC. and RAVI KUMAR DOKKU, (hereinafter
collectively referred to as “Defendants”).
A. STATEMENT OF THE CASE
1. On or about May 25, 2018, ACCEL INTERNATIONAL INC. (hereinafter
“ACCEL”) entered into a borrowing relationship with IBERIABANK by executing a Promissory
Note (“Note”) and Notice of Final Agreement in the amount of $302,349.14. Subsequently the
Note was indorsed Via an Allonge and made payable to Plaintiff. True and correct copies of the
Note, Notice of Final Agreement, and Allonge are attached hereto as Exhibit A. (hereinafter the
Promissory Note, Notice of Final Agreement and Allonge are collectively referred to as the
“Contract’).
2. On or about May 25, 2018, RAVI KUMAR DOKKU (hereinafter “DOKKU”)
executed a Commercial Guaranty (the “Guaranty”), pursuant to which DOKKU guaranteed
repayment of the Contract. A true and correct copy of the Guaranty is attached hereto as Exhibit
B.
3. Plaintiff has performed all conditions on its part to be performed under the Contract.
4. ACCEL has defaulted under the terms of the Contract for failure to make payments
when due.
5. DOKKU has failed to cure the default of ACCEL under the terms of the Contract
and, therefore is in default under the Guaranty.
6. As of June 7, 2021, Defendants owe Plaintiff as follows: (a) the principal amount
of $209,921.43, (b) accrued interest through June 7, 2021, in the amount of $87,816.76; (c) late
fees of $25 .00; (d) costs and fees of $12,499.83; (e) attorneys’ fees of $3,050.00; and (f) costs of
suit in the total amount of $592.00 for the filing/issuance fees of $292.00 and service of process
fees of $300.00; (g) interest from June 8, 2021, through entry of judgment herein at the per diem
rate of $104.96, plus post-judgment interest on the total judgment sum at the legal rate. A true and
correct copy of Plaintiff loan payoff statement is attached hereto as Exhibit C.
7. Plaintiff commenced this action by filing its Original Petition for Breach of
Contract and Common Counts on September 10, 2021.
8. Defendant filed an Answer to the Petition on October 29, 2021.
9. There are no genuine issues of material fact and Plaintiff is entitled to judgment
against Defendant as a matter of law.
10. In support of this motion, Plaintiff refers the court to the pleadings on file herein,
the memorandum of points and authorities filed concurrently herewith, and the signed sworn
affidavit of Plaintiff, filed concurrently herewith, attaching true and correct copies of the following
business records:
a. A copy of the Promissory Note and Notice of Final Agreement, in the amount of
$302,349.14;
b. A copy of the Guaranty of RAVI KUMAR DOKKU; and
c. A loan payoff statement.
B. PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff requests that its Motion for
Summary Judgment be granted by the entry of a judgment in favor of Plaintiff and against
Defendant for breach of contract and common counts.
Respectfully submitted,
ALDRIDGE PITE, LLP
/s/ Paul A. Hoefler
Paul A. Hoefl(er
(Texas State Bar No. 09772800)
phoefl(er@aldridgepite.com
701 N. Post Oak Road, Suite 205
Houston, TX 77024
Phone: (713) 293-3618
Fax: (858) 412-2773
Attorneys for Plaintiff
AMOS FINANCIAL LLC
CERTIFICATE OF SERVICE
Pursuant to Tex. R. Civ. P. 21a, I Paul A. Hoeflwr do hereby certify that a true and correct copy
of the foregoing pleading was served upon Defendants of record and/or his counsel Via Certified
Mail on this 16th day of December 2021, as follows:
Jacob W. Stasny
jws@stasnylaw.com
SUMNER SCHICK, LLP
|
3006 Cole Avenue
Dallas, Texas 75204
(214) 965-9229 (Telephone)
(214) 965-9215 (Facsimile)
/s/ Paul A. Hoefier
Paul A. Hoefl(er
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.
Kim Duke on behalf of Paul Hoefker
Bar No. 09772800
kduke@aldridgepite.com
Envelope ID: 60076056
Status as of 12/16/2021 9:37 AM CST
Associated Case Party: RAVIKUMARDOKKU
Name BarNumber Email TimestampSubmitted Status
Jacob Stasny 24066452 jws@stasnylaw.com 12/16/2021 8:46:44 AM SENT
Preview
FILED 12/16/2021 8:46 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Loaidi Grove DEPUTY CAUSE NO. DC-21-13041 AMOS FINANCIAL LLC, § IN THE DISTRICT COURT OF § Plaintiff, § § V. § DALLAS COUNTY TEXAS § ACCEL INTERNATIONAL INC.; RAVI § KUMAR DOKKU, § § 298th JUDICIAL DISTRICT Defendant. § § PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT Plaintiff AMOS FINANCIAL LLC (“Plaintiff”) asks the Court to Sign a judgment against Defendant ACCEL INTERNATIONAL WC. and RAVI KUMAR DOKKU, (hereinafter collectively referred to as “Defendants”). A. STATEMENT OF THE CASE 1. On or about May 25, 2018, ACCEL INTERNATIONAL INC. (hereinafter “ACCEL”) entered into a borrowing relationship with IBERIABANK by executing a Promissory Note (“Note”) and Notice of Final Agreement in the amount of $302,349.14. Subsequently the Note was indorsed Via an Allonge and made payable to Plaintiff. True and correct copies of the Note, Notice of Final Agreement, and Allonge are attached hereto as Exhibit A. (hereinafter the Promissory Note, Notice of Final Agreement and Allonge are collectively referred to as the “Contract’). 2. On or about May 25, 2018, RAVI KUMAR DOKKU (hereinafter “DOKKU”) executed a Commercial Guaranty (the “Guaranty”), pursuant to which DOKKU guaranteed repayment of the Contract. A true and correct copy of the Guaranty is attached hereto as Exhibit B. 3. Plaintiff has performed all conditions on its part to be performed under the Contract. 4. ACCEL has defaulted under the terms of the Contract for failure to make payments when due. 5. DOKKU has failed to cure the default of ACCEL under the terms of the Contract and, therefore is in default under the Guaranty. 6. As of June 7, 2021, Defendants owe Plaintiff as follows: (a) the principal amount of $209,921.43, (b) accrued interest through June 7, 2021, in the amount of $87,816.76; (c) late fees of $25 .00; (d) costs and fees of $12,499.83; (e) attorneys’ fees of $3,050.00; and (f) costs of suit in the total amount of $592.00 for the filing/issuance fees of $292.00 and service of process fees of $300.00; (g) interest from June 8, 2021, through entry of judgment herein at the per diem rate of $104.96, plus post-judgment interest on the total judgment sum at the legal rate. A true and correct copy of Plaintiff loan payoff statement is attached hereto as Exhibit C. 7. Plaintiff commenced this action by filing its Original Petition for Breach of Contract and Common Counts on September 10, 2021. 8. Defendant filed an Answer to the Petition on October 29, 2021. 9. There are no genuine issues of material fact and Plaintiff is entitled to judgment against Defendant as a matter of law. 10. In support of this motion, Plaintiff refers the court to the pleadings on file herein, the memorandum of points and authorities filed concurrently herewith, and the signed sworn affidavit of Plaintiff, filed concurrently herewith, attaching true and correct copies of the following business records: a. A copy of the Promissory Note and Notice of Final Agreement, in the amount of $302,349.14; b. A copy of the Guaranty of RAVI KUMAR DOKKU; and c. A loan payoff statement. B. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff requests that its Motion for Summary Judgment be granted by the entry of a judgment in favor of Plaintiff and against Defendant for breach of contract and common counts. Respectfully submitted, ALDRIDGE PITE, LLP /s/ Paul A. Hoefler Paul A. Hoefl(er (Texas State Bar No. 09772800) phoefl(er@aldridgepite.com 701 N. Post Oak Road, Suite 205 Houston, TX 77024 Phone: (713) 293-3618 Fax: (858) 412-2773 Attorneys for Plaintiff AMOS FINANCIAL LLC CERTIFICATE OF SERVICE Pursuant to Tex. R. Civ. P. 21a, I Paul A. Hoeflwr do hereby certify that a true and correct copy of the foregoing pleading was served upon Defendants of record and/or his counsel Via Certified Mail on this 16th day of December 2021, as follows: Jacob W. Stasny jws@stasnylaw.com SUMNER SCHICK, LLP | 3006 Cole Avenue Dallas, Texas 75204 (214) 965-9229 (Telephone) (214) 965-9215 (Facsimile) /s/ Paul A. Hoefier Paul A. Hoefl(er 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. Kim Duke on behalf of Paul Hoefker Bar No. 09772800 kduke@aldridgepite.com Envelope ID: 60076056 Status as of 12/16/2021 9:37 AM CST Associated Case Party: RAVIKUMARDOKKU Name BarNumber Email TimestampSubmitted Status Jacob Stasny 24066452 jws@stasnylaw.com 12/16/2021 8:46:44 AM SENT