Exhibit,Appendix: Richard Villnave, Et Al vs. Encore Dredging Partners, LLC

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                                Filed: 7/6/2022 4:46 PM
                                                                                     J OHN D. KINARD - District Clerk
Exhibit 3 - Motion to Set Aside Default J udgment                                           Galveston County, Texas
                                                                                             Envelope No. 66077155
                                                                                                      By: Shailja Dixit
                                                                                                    7/7/2022 8:17 AM
                                        22-CV-0729




                                                         Galveston County - 10th District Court




                                                     EXHIBIT

                                                     3
CAUSE NO. 22-CV-0729

RICHARD VILLNAVE AND DARIUS                           §      IN THE DISTRICT COURT OF
STEWART
       Plaintiffs,                                    §      GALVESTON COUNTY, TEXAS
                                                      §
VS.
                                                      §      10" JUDICIAL DISTRICT COURT
ENCORE DREDGING PARTNERS, LLC                         §
     Defendant                                        §

                              AFFIDAVIT OF DWAYNE           BREAUX

STATE OF TEXAS
county or_Calveston

       BEFORE ME, the undersigned authority, personally came and appeared:


                                       DWAYNE BREAUX,


who, after being duly sworn, did depose and state:


       T am over the age of eighteen (18), of sound mind and competent understanding, and have
       executed this Affidavit of my own free choice and will;

       I am the CEO of Encore Dredging Partners, LLC;

       My job duties include managing all financial and operation functions, developing and
       communicating company visions and strategies, and coordinating functions and operations
       across departments;

       Prior to Richard Villnave and Darius Stewart filing the instant lawsuit, I was made aware
       by Nate Woods, head of the safety department, that someone had made a claim for damage
       to his boat after it struck one of our dredge pipes;

       I was not involved in the investigating and/or handling of the claim;

       To my     knowledge,   Nate   Woods   had offered a monetary   amount   to the individual to
       compensate for the damages to his boat;

       Months later, I was approached by Vernon Bryant regarding a lawsuit that was filed by
       Richard Villnave and Darius Stewart;
I informed Mr. Bryant that Encore Dredging Partners, LLC employees, Jennifer Lake and
     Nate Woods, should have also received notice of the lawsuit, as was normal company
     protocol and since Nate Woods was primarily handling the initial claim prior to the filing
     of the lawsuit;

     Upon notice of an Order granting default judgment against Encore Dredging Partners,
     LLC, it was discovered that Jennifer Lake and Nate Woods had actually never received
     notice of the lawsuit and that Vernon Bryant was the only individual within the company
     to have received notice of the lawsuit;

  10. Encore Dredging Partners, LLC immediately contacted counsel.

  11 The failure of Encore Dredging Partners, LLC to timely respond to the Petition filed by
     Richard Villnave and Darius Stewart was not intentional nor due to conscious indifference;

  12. Encore Dredging Partners, LLC’s failure to respond was due to a clerical error by not
      substituting members of the operating team as the designated company affiliates for service
     of lawsuits;

  13 Encore Dredging Partners, LLC’s failure to respond was also due to a miscommunication
     in which this transition was believed to have already occurred, leading to the assumption
     that others in the company had received notice of the lawsuit;

  14. These statements are true and accurate to the best of my knowledge.



SWORN TO AND SUBSCB7BED BEFORE ME,
Tats 77 “Spay oF                               , 2022.

  Ligaen
NOTARY PUBLI
                                                            A JP IP
                                                         AYNE BREAUX


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              i   o    06/21/2025,
                       ID No 426523
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.

Corey Parenton on behalf of Corey Parenton
Bar No. 24095858
corey@ staines-eppling.com
Envelope ID: 66077155
Status as of 7/7/2022 8:17 AM CST

Case Contacts

Name               BarNumber | Email                       TimestampSubmitted    Status
Caroline Adams                 cadams@ txattorneys.com     7/6/2022 4:46:45 PM   SENT

Anthony G.Buzbee               tbuzbee@ txattorneys.com    7/6/2022 4:46:45 PM   SENT

J esse Rubio                   jrubio@ txattorneys.com     7/6/2022 4:46:45 PM   SENT
Daedra Minigan                 dminigan@ txattorneys.com   7/6/2022 4:46:45 PM   SENT