On May 07, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Holbert, Ashley,
Holbert, Donna,
and
Catapult Energy Services Group, Llc,
Catapult Energy Services Group Llc,
Cretic Energy Services, Llc,
Cretic Energy Services Llc,
Ngp Energy Capital Management, Llc,
for OTHER PERSONAL INJURY
in the District Court of Dallas County.
Preview
FILED
4/12/2023 2:14 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Cassandra Walker DEPUTY
NO. DC-18-05978
ASHLEY HOLBERT, Individually and § IN THE 101st DISTRICT COURT
as Next Friend of K.H., a Minor and as §
Representative of the Estate of §
ROWDY LEE HOLBERT, Deceased, §
and DONNA HOLBERT §
§
Plaintiffs §
§
and
g
BIG B CRANE, LLC and §
INTERNATIONAL INSURANCE § IN AND FOR
COMPANY OF HANOVER SE. §
§
Intervenors, §
§
VS. §
§
CRETIC ENERGY SERVICES, LLC; §
CATAPULT ENERGY SERVICES §
GROUP LLC; NGP CAPITAL §
MANAGEMENT, LLC; and SERVA § DALLAS COUNTY, TEXAS
CORPORATION
Defendants.
DEFENDANTS CRETIC ENERGY SERVICES, LLC; CATAPULT ENERGY
SERVICES, LLC; AND NGP ENERGY CAPITAL MANAGEMENT, LLC’s
REQUEST FOR AN ORDER ON INTERVENORS BIG B CRANE, LLC AND
INTERNATIONAL INSURANCE COMPANY OF HANOVER S.E.’S MOTION
FOR PARTIAL SUMMARY JUDGMENT AND THE CRETIC DEFENDANTS’
MOTION FOR SUMMARY JUDGMENT REGARDING INDEMNITY AND
DEFENSE OBLIGATIONS AND RIGHTS
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW Defendants, CRETIC ENERGY SERVICES, LLC; CATAPULT
ENERGY SERVICES GROUP, LLC, AND NGP ENERGY CAPITAL MANAGEMENT,
LLC (collectively, the “Cretic Defendants”) and request that this Court enter a signed order
granting Intervenors Big B Crane, LLC (“Big B”) and International Insurance Company of
Hanover S.E.’s (“Hanover”) motion for partial summary judgment on declaratory relief
regarding indemnity and defense obligations and rights and denying the Cretic Defendants’
motion for summary judgment regarding indemnity and defense obligations and rights.
On March 26, 2021, Intervenors Big B and Hanover moved for partial summary
judgment on their declaratory action against the Cretic Defendants, seeking to have the
Court declare the Cretic Defendants have no right to indemnity or defense under Master
Service Agreements entered between Laredo Petroleum (“Laredo”) and Cretic. The Cretic
Defendants filed a cross motion for summary judgment.
On January 31, 2022, Associate Judge Sheryl Day McFarlin signed an order
granting Big B and Hannover’s motion for partial summary judgment and denying the
Cretic Defendants’ motion for summary judgment. The Cretic Defendants subsequently
appealed this order, along with the Court’s order granting Laredo’s motion for summary
judgment, t0 the Fifth Court 0f Appeals. The Fifth Court of Appeals concluded that it
lacked jurisdiction over the Cretic Defendants’ appeal for multiple reasons, including that
the order granting Big B and Hanover summary judgment and denying the Cretic
Defendants summary judgment signed by Associate Judge McFarlin did not become the
order of this Court, and is not appealable to an appellate court, until this Court signs the
order. See TEX. GOV’T CODE §§ 54A.113(b), 54A116(b).
Accordingly, the Cretic Defendants have attached to this request an unsigned
proposed order granting Big B and Hanover’s motion for partial summary judgment and
2
denying the Cretic Defendants’ cross-motion for summary judgment. To be clear, the
Cretic Defendants disagree with the ruling made by Associate Judge McFarlin on January
31, 2022.
The Cretic Defendants respectfully request that this Court sign and enter an order
granting Big B and Hanover’s motion for partial summary judgment on declaratory relief
regarding indemnity and defense obligations and rights and denying the Cretic Defendants’
motion for summary judgment regarding indemnity and defense obligations and rights.
Respectfully submitted,
/s/ Natasha N. Tavlor
Natasha N. Taylor
State Bar No. 24071117
taylor@wrightclosebarger.com
Eric Boettcher
boettcher@wrightclosebarger.com
WRIGHT CLOSE & BARGER, LLP
One Riverway, Suite 2200
Houston, Texas 77056
Telephone: (713) 572-4321
Facsimile: (713) 572-4320
Chris D. Parker
State Bar No. 15479100
cparker@pf—lawf1rm.com
FARRIS PARKER & HUBBARD
A Professional Corporation
P.O. Box 9620
Amarillo, Texas 79105-9620
Telephone: (806) 374-5317
Fax: (806) 372-2107
CERTIFICATE OF SERVICE
I hereby certify that April 12, 2023, I electronically filed the foregoing document
with the Clerk of the above-named court, using the electronic case filing system of the
court. Pursuant to Rule 21a of the Texas Rules of Civil Procedure, the following
attorneys of record were served electronically:
Charles M. Noteboom
Brian W. Butcher
Noteboom Law Firm
669 Airport Freeway, Suite 100
Hurst, TX 76053
butcher@noteboom.com
John Holman Barr
M. Forest Nelson
Burt Barr & Associates, LLP
P.O. Box 223667
Dallas, TX 75222-3667
jbarr@bbarr.com
fnelson@bbarr.com
Jill C. Pennington
Smith Clark Pennington PLLC
6 Desta Drive, Suite 3333
Midland, TX 79705
jcpennington@permian.1aw
/s/ Natasha N. Tavlor
Natasha N. Taylor
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.
Tracy Stubblefield on behalf of Natasha Taylor
Bar No. 24071117
stubblefield@wrightclose.com
Envelope ID: 74575449
Filing Code Description: Miscellanous Event
Filing Description: CRETIC'S REQUEST FOR AN ORDER ON
INTERVENORS MOTION FOR PARTIAL SUMMARY JUDGMENT
Status as of 4/14/2023 8:41 AM CST
Associated Case Party: ASHLEY HOLBERT
Name BarNumber Email TimestampSubmitted Status
Brian W.Butcher butcher@noteboom.com 4/12/2023 2:14:25 PM SENT
Charles M.Noteboom noteboom@noteboom.com 4/12/2023 2:14:25 PM ERROR
Associated Case Party: DONNA HOLBERT
Name BarNumber Email Timestam pSubmitted Status
Brian W.Butcher butcher@noteboom.com 4/12/2023 2:14:25 PM SENT
Associated Case Party: CRETIC ENERGY SERVICES LLC
Name BarNumber Email TimestampSubmitted Status
Chris D.Parker cparker@pf-lawfirm.com 4/12/2023 2:14:25 PM SENT
Associated Case Party: CATAPULT ENERGY SERVICES GROUP LLC
Name BarNumber Email TimestampSubmitted Status
Chris Parker cparker@pf—lawfirm.com 4/12/2023 2:14:25 PM SENT
Associated Case Party: NGP ENERGY CAPITAL MANAGEMENT, LLC
Name BarNumber Email TimestampSubmitted Status
Chris Parker cparker@pf—lawfirm.com 4/12/2023 2:14:25 PM SENT
Associated Case Party: Big B Crane LLC
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.
Tracy Stubblefield on behalf of Natasha Taylor
Bar No. 24071117
stubblefield@wrightclose.com
Envelope ID: 74575449
Filing Code Description: Miscellanous Event
Filing Description: CRETIC'S REQUEST FOR AN ORDER ON
INTERVENORS MOTION FOR PARTIAL SUMMARY JUDGMENT
Status as of 4/14/2023 8:41 AM CST
Associated Case Party: Big B Crane LLC
Name BarNumber Email TimestampSubmitted Status
John HolmanBarr jbarr@bbarr.com 4/12/2023 2:14:25 PM SENT
Mary ChristianBarr mcbarr@bbarr.com 4/12/2023 2:14:25 PM SENT
Michael ForestNelson fnelson@bbarr.com 4/12/2023 2:14:25 PM SENT
Rebecca Van Hooser rvanhooser@bbarr.com 4/12/2023 2:14:25 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Shawn SHinkle shinkle@pf—lawfirm.com 4/12/2023 2:14:25 PM SENT
Chris DParker cparker@pf—lawfirm.com 4/12/2023 2:14:25 PM SENT
Tom DFarris tfarris@pf-lawfirm.com 4/12/2023 2:14:25 PM SENT
Jeri LMorgan jlmorgan@dgclaw.com 4/12/2023 2:14:25 PM ERROR
Ruth Fields rfields@bbarr.com 4/12/2023 2:14:25 PM SENT
Teresa Jones Teresa.Jones@dallascounty.org 4/12/2023 2:14:25 PM SENT
John HBarr jbarr@bbarr.com 4/12/2023 2:14:25 PM SENT
Jorge Sanchez 101court@dallascounty.org 4/12/2023 2:14:25 PM SENT
Natasha Taylor taylor@wrightclosebarger.com 4/12/2023 2:14:25 PM SENT
Eric Boettcher boettcher@wrightclosebarger.com 4/12/2023 2:14:25 PM SENT
Landon J.Francois francois@wrightclosebarger.com 4/12/2023 2:14:25 PM SENT
Becky Grooms bgrooms@pf—lawfirm.com 4/12/2023 2:14:25 PM SENT
Amber DGriffith agriffith@pf—lawfirm.com 4/12/2023 2:14:25 PM SENT
Associated Case Party: LAREDO PETROLEUM INC
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.
Tracy Stubblefield on behalf of Natasha Taylor
Bar No. 24071117
stubblefield@wrightclose.com
Envelope ID: 74575449
Filing Code Description: Miscellanous Event
Filing Description: CRETIC'S REQUEST FOR AN ORDER ON
INTERVENORS MOTION FOR PARTIAL SUMMARY JUDGMENT
Status as of 4/14/2023 8:41 AM CST
Associated Case Party: LAREDO PETROLEUM INC
Name BarNumber Email TimestampSubmitted Status
Jill Christine Pennington 24007825 jcpennington@permian.law 4/12/2023 2:14:25 PM SENT
Jeri L.Morgan jeri@permian.law 4/12/2023 2:14:25 PM SENT
Preview
FILED 4/12/2023 2:14 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Cassandra Walker DEPUTY NO. DC-18-05978 ASHLEY HOLBERT, Individually and § IN THE 101st DISTRICT COURT as Next Friend of K.H., a Minor and as § Representative of the Estate of § ROWDY LEE HOLBERT, Deceased, § and DONNA HOLBERT § § Plaintiffs § § and g BIG B CRANE, LLC and § INTERNATIONAL INSURANCE § IN AND FOR COMPANY OF HANOVER SE. § § Intervenors, § § VS. § § CRETIC ENERGY SERVICES, LLC; § CATAPULT ENERGY SERVICES § GROUP LLC; NGP CAPITAL § MANAGEMENT, LLC; and SERVA § DALLAS COUNTY, TEXAS CORPORATION Defendants. DEFENDANTS CRETIC ENERGY SERVICES, LLC; CATAPULT ENERGY SERVICES, LLC; AND NGP ENERGY CAPITAL MANAGEMENT, LLC’s REQUEST FOR AN ORDER ON INTERVENORS BIG B CRANE, LLC AND INTERNATIONAL INSURANCE COMPANY OF HANOVER S.E.’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND THE CRETIC DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT REGARDING INDEMNITY AND DEFENSE OBLIGATIONS AND RIGHTS TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW Defendants, CRETIC ENERGY SERVICES, LLC; CATAPULT ENERGY SERVICES GROUP, LLC, AND NGP ENERGY CAPITAL MANAGEMENT, LLC (collectively, the “Cretic Defendants”) and request that this Court enter a signed order granting Intervenors Big B Crane, LLC (“Big B”) and International Insurance Company of Hanover S.E.’s (“Hanover”) motion for partial summary judgment on declaratory relief regarding indemnity and defense obligations and rights and denying the Cretic Defendants’ motion for summary judgment regarding indemnity and defense obligations and rights. On March 26, 2021, Intervenors Big B and Hanover moved for partial summary judgment on their declaratory action against the Cretic Defendants, seeking to have the Court declare the Cretic Defendants have no right to indemnity or defense under Master Service Agreements entered between Laredo Petroleum (“Laredo”) and Cretic. The Cretic Defendants filed a cross motion for summary judgment. On January 31, 2022, Associate Judge Sheryl Day McFarlin signed an order granting Big B and Hannover’s motion for partial summary judgment and denying the Cretic Defendants’ motion for summary judgment. The Cretic Defendants subsequently appealed this order, along with the Court’s order granting Laredo’s motion for summary judgment, t0 the Fifth Court 0f Appeals. The Fifth Court of Appeals concluded that it lacked jurisdiction over the Cretic Defendants’ appeal for multiple reasons, including that the order granting Big B and Hanover summary judgment and denying the Cretic Defendants summary judgment signed by Associate Judge McFarlin did not become the order of this Court, and is not appealable to an appellate court, until this Court signs the order. See TEX. GOV’T CODE §§ 54A.113(b), 54A116(b). Accordingly, the Cretic Defendants have attached to this request an unsigned proposed order granting Big B and Hanover’s motion for partial summary judgment and 2 denying the Cretic Defendants’ cross-motion for summary judgment. To be clear, the Cretic Defendants disagree with the ruling made by Associate Judge McFarlin on January 31, 2022. The Cretic Defendants respectfully request that this Court sign and enter an order granting Big B and Hanover’s motion for partial summary judgment on declaratory relief regarding indemnity and defense obligations and rights and denying the Cretic Defendants’ motion for summary judgment regarding indemnity and defense obligations and rights. Respectfully submitted, /s/ Natasha N. Tavlor Natasha N. Taylor State Bar No. 24071117 taylor@wrightclosebarger.com Eric Boettcher boettcher@wrightclosebarger.com WRIGHT CLOSE & BARGER, LLP One Riverway, Suite 2200 Houston, Texas 77056 Telephone: (713) 572-4321 Facsimile: (713) 572-4320 Chris D. Parker State Bar No. 15479100 cparker@pf—lawf1rm.com FARRIS PARKER & HUBBARD A Professional Corporation P.O. Box 9620 Amarillo, Texas 79105-9620 Telephone: (806) 374-5317 Fax: (806) 372-2107 CERTIFICATE OF SERVICE I hereby certify that April 12, 2023, I electronically filed the foregoing document with the Clerk of the above-named court, using the electronic case filing system of the court. Pursuant to Rule 21a of the Texas Rules of Civil Procedure, the following attorneys of record were served electronically: Charles M. Noteboom Brian W. Butcher Noteboom Law Firm 669 Airport Freeway, Suite 100 Hurst, TX 76053 butcher@noteboom.com John Holman Barr M. Forest Nelson Burt Barr & Associates, LLP P.O. Box 223667 Dallas, TX 75222-3667 jbarr@bbarr.com fnelson@bbarr.com Jill C. Pennington Smith Clark Pennington PLLC 6 Desta Drive, Suite 3333 Midland, TX 79705 jcpennington@permian.1aw /s/ Natasha N. Tavlor Natasha N. Taylor 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. Tracy Stubblefield on behalf of Natasha Taylor Bar No. 24071117 stubblefield@wrightclose.com Envelope ID: 74575449 Filing Code Description: Miscellanous Event Filing Description: CRETIC'S REQUEST FOR AN ORDER ON INTERVENORS MOTION FOR PARTIAL SUMMARY JUDGMENT Status as of 4/14/2023 8:41 AM CST Associated Case Party: ASHLEY HOLBERT Name BarNumber Email TimestampSubmitted Status Brian W.Butcher butcher@noteboom.com 4/12/2023 2:14:25 PM SENT Charles M.Noteboom noteboom@noteboom.com 4/12/2023 2:14:25 PM ERROR Associated Case Party: DONNA HOLBERT Name BarNumber Email Timestam pSubmitted Status Brian W.Butcher butcher@noteboom.com 4/12/2023 2:14:25 PM SENT Associated Case Party: CRETIC ENERGY SERVICES LLC Name BarNumber Email TimestampSubmitted Status Chris D.Parker cparker@pf-lawfirm.com 4/12/2023 2:14:25 PM SENT Associated Case Party: CATAPULT ENERGY SERVICES GROUP LLC Name BarNumber Email TimestampSubmitted Status Chris Parker cparker@pf—lawfirm.com 4/12/2023 2:14:25 PM SENT Associated Case Party: NGP ENERGY CAPITAL MANAGEMENT, LLC Name BarNumber Email TimestampSubmitted Status Chris Parker cparker@pf—lawfirm.com 4/12/2023 2:14:25 PM SENT Associated Case Party: Big B Crane LLC 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. Tracy Stubblefield on behalf of Natasha Taylor Bar No. 24071117 stubblefield@wrightclose.com Envelope ID: 74575449 Filing Code Description: Miscellanous Event Filing Description: CRETIC'S REQUEST FOR AN ORDER ON INTERVENORS MOTION FOR PARTIAL SUMMARY JUDGMENT Status as of 4/14/2023 8:41 AM CST Associated Case Party: Big B Crane LLC Name BarNumber Email TimestampSubmitted Status John HolmanBarr jbarr@bbarr.com 4/12/2023 2:14:25 PM SENT Mary ChristianBarr mcbarr@bbarr.com 4/12/2023 2:14:25 PM SENT Michael ForestNelson fnelson@bbarr.com 4/12/2023 2:14:25 PM SENT Rebecca Van Hooser rvanhooser@bbarr.com 4/12/2023 2:14:25 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Shawn SHinkle shinkle@pf—lawfirm.com 4/12/2023 2:14:25 PM SENT Chris DParker cparker@pf—lawfirm.com 4/12/2023 2:14:25 PM SENT Tom DFarris tfarris@pf-lawfirm.com 4/12/2023 2:14:25 PM SENT Jeri LMorgan jlmorgan@dgclaw.com 4/12/2023 2:14:25 PM ERROR Ruth Fields rfields@bbarr.com 4/12/2023 2:14:25 PM SENT Teresa Jones Teresa.Jones@dallascounty.org 4/12/2023 2:14:25 PM SENT John HBarr jbarr@bbarr.com 4/12/2023 2:14:25 PM SENT Jorge Sanchez 101court@dallascounty.org 4/12/2023 2:14:25 PM SENT Natasha Taylor taylor@wrightclosebarger.com 4/12/2023 2:14:25 PM SENT Eric Boettcher boettcher@wrightclosebarger.com 4/12/2023 2:14:25 PM SENT Landon J.Francois francois@wrightclosebarger.com 4/12/2023 2:14:25 PM SENT Becky Grooms bgrooms@pf—lawfirm.com 4/12/2023 2:14:25 PM SENT Amber DGriffith agriffith@pf—lawfirm.com 4/12/2023 2:14:25 PM SENT Associated Case Party: LAREDO PETROLEUM INC 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. Tracy Stubblefield on behalf of Natasha Taylor Bar No. 24071117 stubblefield@wrightclose.com Envelope ID: 74575449 Filing Code Description: Miscellanous Event Filing Description: CRETIC'S REQUEST FOR AN ORDER ON INTERVENORS MOTION FOR PARTIAL SUMMARY JUDGMENT Status as of 4/14/2023 8:41 AM CST Associated Case Party: LAREDO PETROLEUM INC Name BarNumber Email TimestampSubmitted Status Jill Christine Pennington 24007825 jcpennington@permian.law 4/12/2023 2:14:25 PM SENT Jeri L.Morgan jeri@permian.law 4/12/2023 2:14:25 PM SENT