Preview
FILED
DALLAS COUNTY
6/5/2018 9:29 AM
FELICIA PITRE
DISTRICT CLERK
NO. DC-18-05978
DC-l 8-05978
ASHLEY HOLBERT, Individually
Individually 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
MANAGEMENT, LLC's
SERVICES GROUP, LLC, and NGP ENERGY CAPITAL MANAGEMENT, 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 to
to Transfer
Transfer Venue of the
the action
action filed by
filed by
Plaintiffs
Plaintiffs herein
herein to
to 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 in
in which this
this action
action is
is pending,
pending, is
is 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
as a
a county
county of
of proper
proper venue;
venue;
b) Defendant
Defendant CATAPULT ENERGY GROUP, LLC denies
denies that
that it
it is
is a
a 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 is
is in
in
Dallas County;
Dallas County;
d)
d) Without admitting
Without admitting that
that Plaintiffs
Plaintiffs have a
a cause
cause of action
action against
against Defendants,
Defendants,
Defendants deny
deny that
that Dallas
Dallas County
County is
is the
the county
county inin which all
all or
or a
a
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 deny
deny that
that Dallas
Dallas County is
is the
the place
place where Plaintiffs
Plaintiffs resided
resided at
at
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 provides
provides
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 venue of the
for venue the action
action
claimed by Plaintiffs
claimed by 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 in
in Reagan County as
as it
it is
is the
the county
county in
in 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 in
in Reagan County,
County, Texas. land where
Texas. 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 all
all 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 a
a District
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.
T0 TRANSFER VENUE,
SUBJECT TO MOTION TO
DEFENDANTS’ ORIGINAL ANSWER
DEFENDANTS'
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 to
to the
the Motion to
to Transfer
Transfer Venue filed
filed herein,
herein, make the
the
following
following answer to
to Plaintiff's
Plaintiff’s Original
Original Petition.
Petition.
I.
I.
DISCOVERY
Defendants allege that discovery
allege that in this
discovery in this case
case should
should be conducted
conducted at
at Level III
III under a
a
discovery
discovery control
control plan tailored
tailored to
to the
the circumstances
circumstances of this
this lawsuit
lawsuit pursuant
pursuant to
to 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 cause
proximate 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 33 of the
Chapter 33 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 33
33 of the
the Texas Civil
Civil Practice
Practice and Remedies Code.
Code.
C.
C. Plaintiff's recovery of medical
Plaintiff’s 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 by
by or
or on behalf
behalf of Plaintiffs
Plaintiffs under
under TEX. CIV. PRAC. & REM. CODE
ANN. §§41.0105.
41.0105.
D.
D. Plaintiff's recovery
Plaintist recovery of
of pre-judgment
pre-judgmcnt and
and post judgment interest
post-judgment 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 of
0f exemplary
exemplary damages under Chapter
Chapter 41
41 of the
the Texas Civil
Civil
Practice
Practice and
and Remedies Code.
Code.
F.
F. Plaintiff's right to recover punitive damages against
Plaintiff’s right to recover punitive against Defendants
Defendants is
is limited
limited in
in
accordance
accordance with
with Chapter
Chapter 41
41 of the
the Texas
Texas Civil
Civil Practice
Practice & Remedies Code.
Code.
IV.
IV.
JURY DEMAND
Defendants respectfully
respectfully demand aa trial before aa jury.
trial before jury.
Page 4
WHEREFORE, PREMISES
WHEREFORE, PREMISES CONSIDERED,
CONSIDERED, DEFENDANTS
DEFENDANTS CRETIC
CRETIC ENERGY
SERVICES, LLC,
LLC, CATAPULT ENERGY SERVICES
SERVICES GROUP,
GROUP, LLC,
LLC, and
and NGP ENERGY
ENERGY
CAPITAL MANAGEMENT,
MANAGEMENT, LLC,
LLC, pray
pray that,
that, afier
after notice
notice and
and hearing,
hearing, this
this Court
Court grant
grant this
this Motion
Motion
to Transfer
to Transfer Venue fiom
from Dallas
Dallas County, Texas and
County, Texas and transfer
transfer this
this cause
cause to
to Reagan County, Texas,
Reagan County, Texas,
taxing costs
taxing costs incurred herein against
incurred herein Plaintiff; that,
against Plaintiff; that, subject
subject to
to the
the Motion
Motion to Transfer
to Transfer Venue
Venue
heretofore filed,
heretofore filed, Plaintiff take nothing
Plaintifi‘ take nothing by her
by her suit, and that
suit, and that Defendants
Defendants be
be discharged
discharged fiom
from all
all
liability
liability and recover their
and recover their costs,
costs, and for such
and for such other
other and further relief
and further relief to
to which
which they may show
they may show
themselves justly entitled,
themselves justly entitled, either
either at
at law or
or in
in equity.
equity.
Respectfully submitted,
Respectfully submitted,
fl
FARRIS BYRD & PARKER
PETERSON FARRIS
A Professional Corporation
Professional Corporation
P. 0.
P. O. Box 9620
9620
Amarillo, TX 79105-9620
Amarillo, 79105-9620
(806)
(806) 374-5317; FAX: 372-2
374-53 17; FAX: 372-2107
1 07
cparker@pf-lawfinn.com
cgarkerngf—lawfinncom
Chn's D.
Chris D. Parker;
Parker; SB#15479100
ATTORNEYS
A TTORNE Ys FOR DEFENDANTS
DEFEMANTS
Page 55
Page
0F SERVICE
CERTIFICATE OF
II hereby
hereby certify
cexfify that
that on this
this 5th
5‘“ day of June, 2018, I electronically filed
day June, 201 8, I electronically filed the
the foregoing
foregoing
document with the Clerk
with the Clerk of the above-named court,
0f the court, using
using the
the electronic
electronic case
case filing
filing system
system of
of the
the
court.
court. Pursuant to Rule 21a of the
Pursuant to the Texas Rules of
0f Civil
Civil Procedure,
Procedure, the
the following
following attorneys
attorneys of
record
record were served
served electronically:
electronically:
Charles M. Noteboom
Charles
fl
Brian
Brian W. Butcher
Butcher
Noteboom Law Firm
669 Airport Freeway, Suite
Airport Freeway, Suite 100
100
Hurst,
Hurst, TX 76053
76053
butcher@noteboom.com
butcher oteboom.com
Chris D. Parker
Chris Parker
Page 66
NO. DC-18-05978
DC-18—05978
ASHLEY HOLBERT, Individually
Individually and as
)) as IN THE 10181
101“ DISTRICT COURT
Friend of
Next Friend of K.H.,
KH., aa Minor and as
as))
Representative the Estate
Representative of the ofROWDY
Estate of ROWDY LEE
))
Deceased, and DONNA
HOLBERT, Deceased, ))
HOLBERT, ))
))
Plaintiffs,
Plaintiffs, )
)g
VS.
vs. )) IN AND FOR
))
CRETIC ENERGY SERVICES, LLC; ))
GROW, ))
CATAPULT ENERGY SERVICES GROUP,
LLC; NGP CAPITAL MANAGEMENT, LLC;
LLC; ))
and SERVA CORPORATION,
CORPORATION, )
)g
Defendants.
Defendants. )) DALLAS COUNTY, TEXAS
AFFIDAVIT OF JEFFREY A. ZLOTKY
IN SUPPORT OF [Q TRANSFER VENHE;
0F MOTION TO VENUE
STATE OF TEXAS §
§
COUNTY OF DALLAS §
undezsigwd authority,
the undersigned
BEFORE ME, the authority, on this
this day
day personally appeared JEFFREY A.
personally appeared A.
ZLOTKY, who,
who, being his oath,
being sworn upon his oath, stated
stated as
as follows:
follows:
ZLOTKY. II am over
is JEFFREY A. ZLOTKY.
“My name is
"My over 21
21 years
years of age,
age, have never been
convicted of a felony
convicted felony or
or other involving moral turpitude,
other crime involving turpitude, and am in
in all
all respects
respects competent
to
to testify this affidavit.
testify and make this amdavit.
“I am General Counsel of NGP ENERGY CAPITAL MANAGEMENT,
"I MANAGEMENT, LLC.,
LLC,,
in Plaintiffs'
incorrectly named in
incorrectly Orig'nal Petition
Plaintiffs’ Original Petition as
as NGP CAPITAL MANAGEMENT, LLC.
NGP ENERGY CAPITAL MANAGEMENT, LLC's
LLC’s principal place of business
principal place business in
in the
the State
State of
of
Texas
Texas is
is located Irving, Dallas
in Irving,
located in Dallas County, Texas. NGP ENERGY CAPITAL MANAGEMENT,
County, Texas.
LLC conducts
conducts its
its business
business from
fi'om its location in
its location in Irving,
Irving, Dallas County, Texas.
Preview
FILED DALLAS COUNTY 6/5/2018 9:29 AM FELICIA PITRE DISTRICT CLERK NO. DC-18-05978 DC-l 8-05978 ASHLEY HOLBERT, Individually Individually 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 MANAGEMENT, LLC's SERVICES GROUP, LLC, and NGP ENERGY CAPITAL MANAGEMENT, 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 to to Transfer Transfer Venue of the the action action filed by filed by Plaintiffs Plaintiffs herein herein to to 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 in in which this this action action is is pending, pending, is is 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 as a a county county of of proper proper venue; venue; b) Defendant Defendant CATAPULT ENERGY GROUP, LLC denies denies that that it it is is a a 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 is is in in Dallas County; Dallas County; d) d) Without admitting Without admitting that that Plaintiffs Plaintiffs have a a cause cause of action action against against Defendants, Defendants, Defendants deny deny that that Dallas Dallas County County is is the the county county inin which all all or or a a 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 deny deny that that Dallas Dallas County is is the the place place where Plaintiffs Plaintiffs resided resided at at 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 provides provides 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 venue of the for venue the action action claimed by Plaintiffs claimed by 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 in in Reagan County as as it it is is the the county county in in 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 in in Reagan County, County, Texas. land where Texas. 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 all all 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 a a District 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. T0 TRANSFER VENUE, SUBJECT TO MOTION TO DEFENDANTS’ ORIGINAL ANSWER DEFENDANTS' 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 to to the the Motion to to Transfer Transfer Venue filed filed herein, herein, make the the following following answer to to Plaintiff's Plaintiff’s Original Original Petition. Petition. I. I. DISCOVERY Defendants allege that discovery allege that in this discovery in this case case should should be conducted conducted at at Level III III under a a discovery discovery control control plan tailored tailored to to the the circumstances circumstances of this this lawsuit lawsuit pursuant pursuant to to 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 cause proximate 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 33 of the Chapter 33 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 33 33 of the the Texas Civil Civil Practice Practice and Remedies Code. Code. C. C. Plaintiff's recovery of medical Plaintiff’s 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 by by or or on behalf behalf of Plaintiffs Plaintiffs under under TEX. CIV. PRAC. & REM. CODE ANN. §§41.0105. 41.0105. D. D. Plaintiff's recovery Plaintist recovery of of pre-judgment pre-judgmcnt and and post judgment interest post-judgment 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 of 0f exemplary exemplary damages under Chapter Chapter 41 41 of the the Texas Civil Civil Practice Practice and and Remedies Code. Code. F. F. Plaintiff's right to recover punitive damages against Plaintiff’s right to recover punitive against Defendants Defendants is is limited limited in in accordance accordance with with Chapter Chapter 41 41 of the the Texas Texas Civil Civil Practice Practice & Remedies Code. Code. IV. IV. JURY DEMAND Defendants respectfully respectfully demand aa trial before aa jury. trial before jury. Page 4 WHEREFORE, PREMISES WHEREFORE, PREMISES CONSIDERED, CONSIDERED, DEFENDANTS DEFENDANTS CRETIC CRETIC ENERGY SERVICES, LLC, LLC, CATAPULT ENERGY SERVICES SERVICES GROUP, GROUP, LLC, LLC, and and NGP ENERGY ENERGY CAPITAL MANAGEMENT, MANAGEMENT, LLC, LLC, pray pray that, that, afier after notice notice and and hearing, hearing, this this Court Court grant grant this this Motion Motion to Transfer to Transfer Venue fiom from Dallas Dallas County, Texas and County, Texas and transfer transfer this this cause cause to to Reagan County, Texas, Reagan County, Texas, taxing costs taxing costs incurred herein against incurred herein Plaintiff; that, against Plaintiff; that, subject subject to to the the Motion Motion to Transfer to Transfer Venue Venue heretofore filed, heretofore filed, Plaintiff take nothing Plaintifi‘ take nothing by her by her suit, and that suit, and that Defendants Defendants be be discharged discharged fiom from all all liability liability and recover their and recover their costs, costs, and for such and for such other other and further relief and further relief to to which which they may show they may show themselves justly entitled, themselves justly entitled, either either at at law or or in in equity. equity. Respectfully submitted, Respectfully submitted, fl FARRIS BYRD & PARKER PETERSON FARRIS A Professional Corporation Professional Corporation P. 0. P. O. Box 9620 9620 Amarillo, TX 79105-9620 Amarillo, 79105-9620 (806) (806) 374-5317; FAX: 372-2 374-53 17; FAX: 372-2107 1 07 cparker@pf-lawfinn.com cgarkerngf—lawfinncom Chn's D. Chris D. Parker; Parker; SB#15479100 ATTORNEYS A TTORNE Ys FOR DEFENDANTS DEFEMANTS Page 55 Page 0F SERVICE CERTIFICATE OF II hereby hereby certify cexfify that that on this this 5th 5‘“ day of June, 2018, I electronically filed day June, 201 8, I electronically filed the the foregoing foregoing document with the Clerk with the Clerk of the above-named court, 0f the court, using using the the electronic electronic case case filing filing system system of of the the court. court. Pursuant to Rule 21a of the Pursuant to the Texas Rules of 0f Civil Civil Procedure, Procedure, the the following following attorneys attorneys of record record were served served electronically: electronically: Charles M. Noteboom Charles fl Brian Brian W. Butcher Butcher Noteboom Law Firm 669 Airport Freeway, Suite Airport Freeway, Suite 100 100 Hurst, Hurst, TX 76053 76053 butcher@noteboom.com butcher oteboom.com Chris D. Parker Chris Parker Page 66 NO. DC-18-05978 DC-18—05978 ASHLEY HOLBERT, Individually Individually and as )) as IN THE 10181 101“ DISTRICT COURT Friend of Next Friend of K.H., KH., aa Minor and as as)) Representative the Estate Representative of the ofROWDY Estate of ROWDY LEE )) Deceased, and DONNA HOLBERT, Deceased, )) HOLBERT, )) )) Plaintiffs, Plaintiffs, ) )g VS. vs. )) IN AND FOR )) CRETIC ENERGY SERVICES, LLC; )) GROW, )) CATAPULT ENERGY SERVICES GROUP, LLC; NGP CAPITAL MANAGEMENT, LLC; LLC; )) and SERVA CORPORATION, CORPORATION, ) )g Defendants. Defendants. )) DALLAS COUNTY, TEXAS AFFIDAVIT OF JEFFREY A. ZLOTKY IN SUPPORT OF [Q TRANSFER VENHE; 0F MOTION TO VENUE STATE OF TEXAS § § COUNTY OF DALLAS § undezsigwd authority, the undersigned BEFORE ME, the authority, on this this day day personally appeared JEFFREY A. personally appeared A. ZLOTKY, who, who, being his oath, being sworn upon his oath, stated stated as as follows: follows: ZLOTKY. II am over is JEFFREY A. ZLOTKY. “My name is "My over 21 21 years years of age, age, have never been convicted of a felony convicted felony or or other involving moral turpitude, other crime involving turpitude, and am in in all all respects respects competent to to testify this affidavit. testify and make this amdavit. “I am General Counsel of NGP ENERGY CAPITAL MANAGEMENT, "I MANAGEMENT, LLC., LLC,, in Plaintiffs' incorrectly named in incorrectly Orig'nal Petition Plaintiffs’ Original Petition as as NGP CAPITAL MANAGEMENT, LLC. NGP ENERGY CAPITAL MANAGEMENT, LLC's LLC’s principal place of business principal place business in in the the State State of of Texas Texas is is located Irving, Dallas in Irving, located in Dallas County, Texas. NGP ENERGY CAPITAL MANAGEMENT, County, Texas. LLC conducts conducts its its business business from fi'om its location in its location in Irving, Irving, Dallas County, Texas.