On July 27, 2022 a
Answer
was filed
involving a dispute between
Great River Industries, Llc,
and
Gulf Sulphur Services Ltd., Lllp,
for Contract - Debt
in the District Court of Galveston County.
Preview
Filed: 9/15/2022 3:51 PM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 68305103
By: Shailja Dixit
CAUSE NO. 22-CV-1374 9/15/2022 3:55 PM
GREAT RIVER INDUSTRIES, LLC § IN THE DISTRICT COURT OF
§
VS. § GALVESTON COUNTY, TEXAS
§
GULF SULPHUR SERVICES LTD., §
LLLP § 122ND JUDICIAL DISTRICT
DEFENDANT GULF SULPHUR SERVICES LTD., LLLP’S
ORIGINAL ANSWER
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Defendant Gulf Sulphur Services Ltd., LLLP, (“Gulf Sulphur”), herein,
and files this its Original Answer, and in support thereof, would show unto the Court as follows:
I. GENERAL DENIAL
Gulf Sulphur denies each and every, all and singular, the material allegations in Plaintiff’s
Original Petition, and demands strict proof thereof.
II. DEFENSES AND AFFIRMATIVE DEFENSES
Subject to the above and foregoing general denial, and still insisting on the same, Gulf Sulphur
pleads the following:
1. Defendant specially denies that all condition precedents necessary for Plaintiff’s recovery
on any of the claims asserted herein have been met.
2. Defendant further denies that Plaintiff has performed, or alternatively substantially
performed its obligations under any agreement to perform its obligations.
3. Defendant alleges Plaintiff has inadequately performed under any agreement to perform
its obligations.
4. Defendant asserts that Plaintiff has improperly asserted and filed a lien on Defendant’s
property.
5. Defendant further asserts the affirmative defenses of payment, offset and credit to the
claims asserted.
6. Defendant asserts the defense of unclean hands to the claims of the Plaintiff.
7. Defendant asserts the defense of laches to the claims of the Plaintiff.
8. Defendant asserts the defense of estoppel to the claims of the Plaintiff.
III. ADDITIONAL PLEADINGS
9. Defendant respectfully requests that a court reporter attend all sessions of court in
connection with this case, and that said court reporter take full notes of all testimony
offered, together with any objections, rulings and remarks of the Court and exceptions
thereto, and such other proceedings that may be needed or requested by this defendant.
Christie v. Price, 558 S.W.2d 922 (Tex. Civ. App.—Texarkana 1977, no writ).
10. Defendant specifically reserves the right to amend its answer to plead any affirmative
defenses or other matters that must be specially pled or to assert any counterclaims that
it may have both during and up through the completion of discovery in this cause.
11. Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Defendant hereby gives
actual notice that it may use any and all documents produced by Plaintiff against the
Plaintiff at any pretrial proceeding and at the trial of this matter without the necessity
of authenticating the documents.
IV. PRAYER
WHEREFORE, PREMISES CONSIDERED, Defendant moves and prays to the Court that
upon trial hereof, Plaintiff recover nothing, and that Gulf Sulphur be awarded such other and further
relief as it may be entitled to receive, either special or general, at law or in equity.
-2-
Respectfully submitted,
ORGAIN BELL & TUCKER, LLP
By: /s/ Jack P. Carroll
Jack P. Carroll
State Bar No. 03886000
jpc@obt.com
470 Orleans, Suite 400
Beaumont, TX 77701
Telephone: (409) 838-6412
Facsimile: (409) 838-6959
ATTORNEYS FOR DEFENDANT, GULF
SULPHUR SERVICES LTD., LLLP
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and foregoing instrument has
been forwarded to all counsel of record on this the 15th day of September, 2022.
Via E-Serve
William B. Westcott
Andrews Myers, P.C.
1885 Saint James Place, 15th Fl.
Houston, TX 77056
bwestcott@andrewmyers.com
/s/ Jack P. Carroll
Jack P. Carroll
-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.
Misty Croshaw on behalf of Jack Carroll
Bar No. 3886000
mcroshaw@obt.com
Envelope ID: 68305103
Status as of 9/15/2022 3:56 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
William B.Westcott bwestcott@andrewsmyers.com 9/15/2022 3:51:45 PM SENT
Michelle RWoods mwoods@andrewsmyers.com 9/15/2022 3:51:45 PM SENT
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.
Misty Croshaw on behalf of Jack Carroll
Bar No. 3886000
mcroshaw@obt.com
Envelope ID: 68305103
Status as of 9/15/2022 3:56 PM CST
Associated Case Party: GULF SULPHUR SERVICES LTD., LLLP
Name BarNumber Email TimestampSubmitted Status
Jack P.Carroll jpc@obt.com 9/15/2022 3:51:45 PM SENT
Document Filed Date
September 15, 2022
Case Filing Date
July 27, 2022
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Preview
Filed: 9/15/2022 3:51 PM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 68305103 By: Shailja Dixit CAUSE NO. 22-CV-1374 9/15/2022 3:55 PM GREAT RIVER INDUSTRIES, LLC § IN THE DISTRICT COURT OF § VS. § GALVESTON COUNTY, TEXAS § GULF SULPHUR SERVICES LTD., § LLLP § 122ND JUDICIAL DISTRICT DEFENDANT GULF SULPHUR SERVICES LTD., LLLP’S ORIGINAL ANSWER TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Defendant Gulf Sulphur Services Ltd., LLLP, (“Gulf Sulphur”), herein, and files this its Original Answer, and in support thereof, would show unto the Court as follows: I. GENERAL DENIAL Gulf Sulphur denies each and every, all and singular, the material allegations in Plaintiff’s Original Petition, and demands strict proof thereof. II. DEFENSES AND AFFIRMATIVE DEFENSES Subject to the above and foregoing general denial, and still insisting on the same, Gulf Sulphur pleads the following: 1. Defendant specially denies that all condition precedents necessary for Plaintiff’s recovery on any of the claims asserted herein have been met. 2. Defendant further denies that Plaintiff has performed, or alternatively substantially performed its obligations under any agreement to perform its obligations. 3. Defendant alleges Plaintiff has inadequately performed under any agreement to perform its obligations. 4. Defendant asserts that Plaintiff has improperly asserted and filed a lien on Defendant’s property. 5. Defendant further asserts the affirmative defenses of payment, offset and credit to the claims asserted. 6. Defendant asserts the defense of unclean hands to the claims of the Plaintiff. 7. Defendant asserts the defense of laches to the claims of the Plaintiff. 8. Defendant asserts the defense of estoppel to the claims of the Plaintiff. III. ADDITIONAL PLEADINGS 9. Defendant respectfully requests that a court reporter attend all sessions of court in connection with this case, and that said court reporter take full notes of all testimony offered, together with any objections, rulings and remarks of the Court and exceptions thereto, and such other proceedings that may be needed or requested by this defendant. Christie v. Price, 558 S.W.2d 922 (Tex. Civ. App.—Texarkana 1977, no writ). 10. Defendant specifically reserves the right to amend its answer to plead any affirmative defenses or other matters that must be specially pled or to assert any counterclaims that it may have both during and up through the completion of discovery in this cause. 11. Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Defendant hereby gives actual notice that it may use any and all documents produced by Plaintiff against the Plaintiff at any pretrial proceeding and at the trial of this matter without the necessity of authenticating the documents. IV. PRAYER WHEREFORE, PREMISES CONSIDERED, Defendant moves and prays to the Court that upon trial hereof, Plaintiff recover nothing, and that Gulf Sulphur be awarded such other and further relief as it may be entitled to receive, either special or general, at law or in equity. -2- Respectfully submitted, ORGAIN BELL & TUCKER, LLP By: /s/ Jack P. Carroll Jack P. Carroll State Bar No. 03886000 jpc@obt.com 470 Orleans, Suite 400 Beaumont, TX 77701 Telephone: (409) 838-6412 Facsimile: (409) 838-6959 ATTORNEYS FOR DEFENDANT, GULF SULPHUR SERVICES LTD., LLLP CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the above and foregoing instrument has been forwarded to all counsel of record on this the 15th day of September, 2022. Via E-Serve William B. Westcott Andrews Myers, P.C. 1885 Saint James Place, 15th Fl. Houston, TX 77056 bwestcott@andrewmyers.com /s/ Jack P. Carroll Jack P. Carroll -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. Misty Croshaw on behalf of Jack Carroll Bar No. 3886000 mcroshaw@obt.com Envelope ID: 68305103 Status as of 9/15/2022 3:56 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status William B.Westcott bwestcott@andrewsmyers.com 9/15/2022 3:51:45 PM SENT Michelle RWoods mwoods@andrewsmyers.com 9/15/2022 3:51:45 PM SENT 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. Misty Croshaw on behalf of Jack Carroll Bar No. 3886000 mcroshaw@obt.com Envelope ID: 68305103 Status as of 9/15/2022 3:56 PM CST Associated Case Party: GULF SULPHUR SERVICES LTD., LLLP Name BarNumber Email TimestampSubmitted Status Jack P.Carroll jpc@obt.com 9/15/2022 3:51:45 PM SENT