Preview
Filed: 9/21/2022 4:07 PM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 68490435
By: Shailja Dixit
9/21/2022 4:13 PM
CAUSE NO. 22-CV-0729
RICHARD VILLNAVE AND DARIUS § IN THE DISTRICT COURT OF
STEWART §
Plaintiffs, § GALVESTON COUNTY, TEXAS
§
VS. §
§ 10TH JUDICIAL DISTRICT COURT
ENCORE DREDGING PARTNERS, LLC §
Defendant §
ENCORE DREDGING PARTNERS, LLC’S RULE 194 INITIAL DISCLOSURES
NOW INTO COURT, through undersigned counsel, comes Defendant, Encore Dredging
Partners, LLC (“Defendant” or “Encore”), who, pursuant to Texas Rules of Civil Procedure 194
submits the following disclosures:
1. NAMES/PARTIES TO LAWSUIT
• Richard Villnave
Through his counsel of record:
Anthony G. Buzbee
Caroline E. Adams
600 Travis, Ste. 7300
Houston, TX 77002
Attorney Phone #: 713-223-5393
tbuzbee@txattorneys.com
cadams@txattorneys.com
• Darius Stewart
Through his counsel of record:
Anthony G. Buzbee
Caroline E. Adams
600 Travis, Ste. 7300
Houston, TX 77002
Attorney Phone #: 713-223-5393
tbuzbee@txattorneys.com
cadams@txattorneys.com
• Encore Dredging Partners, LLC is the correct name defendant.
2. NAME/ADDRESS OF POTENTIAL PARTIES
• Encore Dredging Partners, LLC is not aware of any other potential parties.
3. LEGAL THEORIES/FACTS/CLAIMS/DEFENSES
• Encore Dredging Partners, LLC contends that the dredge pipe that Mr. Villnave’s
vessel struck was lit in accordance with the applicable standards and regulations. Also,
it was visible and above water. As such, Encore Dredging Partners, LLC is not liable
for the injuries Mr. Villnave complains of.
4. AMOUNT OF ECONOMIC DAMAGES
• Both parties are currently in possession of Mr. Villnave’s written statement.
• No medical records currently in Encore Dredging Partners, LLC’s possession other
than what has been produced by plaintiff.
• No physical/mental damages currently in Encore Dredging Partners, LLC’s possession
other than what has been produced by plaintiff.
5. IDENTITY OF PERSONS WITH KNOWLEDGE OF RELEVANT FACTS
• Richard Villnave
Through his counsel of record:
Anthony G. Buzbee
Caroline E. Adams
600 Travis, Ste. 7300
Houston, TX 77002
Attorney Phone #: 713-223-5393
tbuzbee@txattorneys.com
cadams@txattorneys.com
• Darius Stewart
Through his counsel of record:
Anthony G. Buzbee
Caroline E. Adams
600 Travis, Ste. 7300
Houston, TX 77002
Attorney Phone #: 713-223-5393
tbuzbee@txattorneys.com
cadams@txattorneys.com
• Toby Marek
Dredge Superintendent
Encore Dredging Partners, LLC
3027 Marina Bay Dr., Ste. 240
League City, TX 77573
713-913-7210
• The crew of the Dredge RANGER for January 13 and 14, 2021
Encore Dredging Partners, LLC
3027 Marina Bay Dr., Ste. 240
League City, TX 77573
713-913-7210
• Any other person whose identity is learned through further discovery.
6. DESCRIPTION OF DOCUMENTS
• Copy of the dredge permit for the Dredge RANGER, formally known as the Dredge
EAGLE ONE.
• Copy of the requests to the U.S. Coast Guard for a Notice of Mariners to be issued
regarding dredging operations taken place at the subject location.
• Photographs of the dredge pipe with the required markings and buoys.
• Photographs of warnings placed at the boat launch near the dredge site.
• The written statement provided to Encore Dredging Partners, LLC by Mr. Villnave.
• Correspondence between Encore Dredging Partners, LLC and Mr. Villnave regarding
settlement of his claims.
• Dredge logs for the Dredge RANGER for January 8-15, 2021.
• Any document that may be obtained through discovery or subpoena response.
• Any document listed or introduced by any other party.
• Any settlement agreements - none.
7. INDEMNITY/INSURING AGREEMENTS
• A copy of the applicable insurance agreement has been requested and will be
provided for review at a mutually agreeable time.
8. ANY SETTLEMENT AGREEMENTS
• None.
9. WITNESS STATEMENTS
• Both parties are currently in possession of Mr. Villnave’s written statement.
10. MEDICAL RECORDS/BILLS REASONABLE RELATED TO SUBJECT OF
THIS LITIGATION
• No records concerning physical/mental damages are in Encore Dredging Partners, LLC’s
possession other than what has been produced by plaintiff.
11. MEDICAL RECORDS/BILLS OBTAINED VIA AUTHORIZATION RELATED
TO SUBJECT OF THIS LITIGATION
• No records concerning physical/mental damages are in Encore Dredging Partners, LLC’s
possession other than what has been produced by plaintiff.
12. DESIGNATED THIRD PARTY
• No known responsible third party at this time.
CERTIFICATE OF SERVICE Respectfully submitted,
I hereby certify that a copy of STAINES, EPPLING & KENNEY
the above and foregoing pleading has
been served on all counsel of record via
the service method indicated below:
/s/ Corey P. Parenton
[ ] U.S. Mail COREY P. PARENTON (#24095858)
[ ] Facsimile 3500 North Causeway Boulevard, Suite 820
[ ] Hand Delivery Metairie, Louisiana 70002
[x ] ECF Filing Telephone: (504) 838-0019
Facsimile: (504) 838-0043
This 16th day of September, 2022. Counsel for Encore Dredging Partners, LLC
/s/ Corey P. Parenton
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: 68490435
Status as of 9/21/2022 4:14 PM CST
Associated Case Party: Encore Dredging Partners, LLC
Name BarNumber Email TimestampSubmitted Status
Corey PParenton corey@seklaw.com 9/21/2022 4:07:43 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.
Corey Parenton on behalf of Corey Parenton
Bar No. 24095858
corey@staines-eppling.com
Envelope ID: 68490435
Status as of 9/21/2022 4:14 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Caroline Adams cadams@txattorneys.com 9/21/2022 4:07:43 PM SENT
Anthony G.Buzbee tbuzbee@txattorneys.com 9/21/2022 4:07:43 PM SENT
Jesse Rubio jrubio@txattorneys.com 9/21/2022 4:07:43 PM SENT
Daedra Minigan dminigan@txattorneys.com 9/21/2022 4:07:43 PM SENT
Preview
Filed: 9/21/2022 4:07 PM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 68490435 By: Shailja Dixit 9/21/2022 4:13 PM CAUSE NO. 22-CV-0729 RICHARD VILLNAVE AND DARIUS § IN THE DISTRICT COURT OF STEWART § Plaintiffs, § GALVESTON COUNTY, TEXAS § VS. § § 10TH JUDICIAL DISTRICT COURT ENCORE DREDGING PARTNERS, LLC § Defendant § ENCORE DREDGING PARTNERS, LLC’S RULE 194 INITIAL DISCLOSURES NOW INTO COURT, through undersigned counsel, comes Defendant, Encore Dredging Partners, LLC (“Defendant” or “Encore”), who, pursuant to Texas Rules of Civil Procedure 194 submits the following disclosures: 1. NAMES/PARTIES TO LAWSUIT • Richard Villnave Through his counsel of record: Anthony G. Buzbee Caroline E. Adams 600 Travis, Ste. 7300 Houston, TX 77002 Attorney Phone #: 713-223-5393 tbuzbee@txattorneys.com cadams@txattorneys.com • Darius Stewart Through his counsel of record: Anthony G. Buzbee Caroline E. Adams 600 Travis, Ste. 7300 Houston, TX 77002 Attorney Phone #: 713-223-5393 tbuzbee@txattorneys.com cadams@txattorneys.com • Encore Dredging Partners, LLC is the correct name defendant. 2. NAME/ADDRESS OF POTENTIAL PARTIES • Encore Dredging Partners, LLC is not aware of any other potential parties. 3. LEGAL THEORIES/FACTS/CLAIMS/DEFENSES • Encore Dredging Partners, LLC contends that the dredge pipe that Mr. Villnave’s vessel struck was lit in accordance with the applicable standards and regulations. Also, it was visible and above water. As such, Encore Dredging Partners, LLC is not liable for the injuries Mr. Villnave complains of. 4. AMOUNT OF ECONOMIC DAMAGES • Both parties are currently in possession of Mr. Villnave’s written statement. • No medical records currently in Encore Dredging Partners, LLC’s possession other than what has been produced by plaintiff. • No physical/mental damages currently in Encore Dredging Partners, LLC’s possession other than what has been produced by plaintiff. 5. IDENTITY OF PERSONS WITH KNOWLEDGE OF RELEVANT FACTS • Richard Villnave Through his counsel of record: Anthony G. Buzbee Caroline E. Adams 600 Travis, Ste. 7300 Houston, TX 77002 Attorney Phone #: 713-223-5393 tbuzbee@txattorneys.com cadams@txattorneys.com • Darius Stewart Through his counsel of record: Anthony G. Buzbee Caroline E. Adams 600 Travis, Ste. 7300 Houston, TX 77002 Attorney Phone #: 713-223-5393 tbuzbee@txattorneys.com cadams@txattorneys.com • Toby Marek Dredge Superintendent Encore Dredging Partners, LLC 3027 Marina Bay Dr., Ste. 240 League City, TX 77573 713-913-7210 • The crew of the Dredge RANGER for January 13 and 14, 2021 Encore Dredging Partners, LLC 3027 Marina Bay Dr., Ste. 240 League City, TX 77573 713-913-7210 • Any other person whose identity is learned through further discovery. 6. DESCRIPTION OF DOCUMENTS • Copy of the dredge permit for the Dredge RANGER, formally known as the Dredge EAGLE ONE. • Copy of the requests to the U.S. Coast Guard for a Notice of Mariners to be issued regarding dredging operations taken place at the subject location. • Photographs of the dredge pipe with the required markings and buoys. • Photographs of warnings placed at the boat launch near the dredge site. • The written statement provided to Encore Dredging Partners, LLC by Mr. Villnave. • Correspondence between Encore Dredging Partners, LLC and Mr. Villnave regarding settlement of his claims. • Dredge logs for the Dredge RANGER for January 8-15, 2021. • Any document that may be obtained through discovery or subpoena response. • Any document listed or introduced by any other party. • Any settlement agreements - none. 7. INDEMNITY/INSURING AGREEMENTS • A copy of the applicable insurance agreement has been requested and will be provided for review at a mutually agreeable time. 8. ANY SETTLEMENT AGREEMENTS • None. 9. WITNESS STATEMENTS • Both parties are currently in possession of Mr. Villnave’s written statement. 10. MEDICAL RECORDS/BILLS REASONABLE RELATED TO SUBJECT OF THIS LITIGATION • No records concerning physical/mental damages are in Encore Dredging Partners, LLC’s possession other than what has been produced by plaintiff. 11. MEDICAL RECORDS/BILLS OBTAINED VIA AUTHORIZATION RELATED TO SUBJECT OF THIS LITIGATION • No records concerning physical/mental damages are in Encore Dredging Partners, LLC’s possession other than what has been produced by plaintiff. 12. DESIGNATED THIRD PARTY • No known responsible third party at this time. CERTIFICATE OF SERVICE Respectfully submitted, I hereby certify that a copy of STAINES, EPPLING & KENNEY the above and foregoing pleading has been served on all counsel of record via the service method indicated below: /s/ Corey P. Parenton [ ] U.S. Mail COREY P. PARENTON (#24095858) [ ] Facsimile 3500 North Causeway Boulevard, Suite 820 [ ] Hand Delivery Metairie, Louisiana 70002 [x ] ECF Filing Telephone: (504) 838-0019 Facsimile: (504) 838-0043 This 16th day of September, 2022. Counsel for Encore Dredging Partners, LLC /s/ Corey P. Parenton 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: 68490435 Status as of 9/21/2022 4:14 PM CST Associated Case Party: Encore Dredging Partners, LLC Name BarNumber Email TimestampSubmitted Status Corey PParenton corey@seklaw.com 9/21/2022 4:07:43 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. Corey Parenton on behalf of Corey Parenton Bar No. 24095858 corey@staines-eppling.com Envelope ID: 68490435 Status as of 9/21/2022 4:14 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Caroline Adams cadams@txattorneys.com 9/21/2022 4:07:43 PM SENT Anthony G.Buzbee tbuzbee@txattorneys.com 9/21/2022 4:07:43 PM SENT Jesse Rubio jrubio@txattorneys.com 9/21/2022 4:07:43 PM SENT Daedra Minigan dminigan@txattorneys.com 9/21/2022 4:07:43 PM SENT