On April 27, 2022 a
Motion,Ex Parte
was filed
involving a dispute between
Stewart, Darius,
Villnave, Richard,
and
Encore Dredging Partners, Llc,
Inland Dredging Company, Llc,
for Injury/Damage - Other
in the District Court of Galveston County.
Preview
Filed: 2/6/2023 3:04 PM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 72479384
By: Shailja Dixit
2/6/2023 3:18 PM
CAUSE NO. 22-CV-0729
Plaintiffs IN THE DISTRICT COURT OF
RICHARD VILLNAVE
DARIUS STEWART GALVESTON COUNTY, TEXAS
VS.
Defendant
ENCORE DREDGING 10TH JUDICIAL DISTRICT
PARTNERS, LLC
RULE 166(a)(i) “NO EVIDENCE” MOTION FOR SUMMARY JUDGMENT
NOW COMES defendant, Encore Dredging Partners, LLC (“Encore”), who respectfully
requests that this Honorable Court dismiss it from this litigation, with prejudice, pursuant to Texas
Rule of Civil Procedure 166(a)(i). Plaintiffs cannot establish that Encore was negligent or that any
lack of due care on the part of Encore caused Plaintiffs’ duck boat to strike a properly lit and
marked dredge discharge pipeline on January 14, 2022. As discussed more fully in the attached
memorandum in support, summary judgment is appropriate, and all of the Plaintiffs’ claims against
Encore should be dismissed with prejudice.
-1-
CERTIFICATE OF SERVICE Respectfully submitted,
I hereby certify that a copy of the STAINES, EPPLING & KENNEY
above and foregoing pleading has been
served on all counsel of record via the /s/ Corey P. Parenton
service method indicated below: ___________________________________
COREY P. PARENTON (#24095858)
[ ] U.S. Mail JASON R. KENNEY (PRO HAC VICE)
[ ] Facsimile MICHAEL W. MALDONADO
[ ] Hand Delivery 3500 North Causeway Boulevard
Suite 820
[x ] ECF Filing Metairie, Louisiana 70002
Telephone: (504) 838-0019
This 6th day of February, 2023 Facsimile: (504) 838-0043
Counsel Encore Dredging Partners, LLC
/s/ Corey P. Parenton
_______________________________
-2-
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: 72479384
Status as of 2/6/2023 3:19 PM CST
Associated Case Party: Encore Dredging Partners, LLC
Name BarNumber Email TimestampSubmitted Status
Corey PParenton corey@seklaw.com 2/6/2023 3:04:20 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Caroline Adams cadams@txattorneys.com 2/6/2023 3:04:20 PM SENT
Anthony G.Buzbee tbuzbee@txattorneys.com 2/6/2023 3:04:20 PM SENT
Jesse Rubio jrubio@txattorneys.com 2/6/2023 3:04:20 PM SENT
Daedra Minigan dminigan@txattorneys.com 2/6/2023 3:04:20 PM SENT
Document Filed Date
February 06, 2023
Case Filing Date
April 27, 2022
Category
Injury/Damage - Other
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Filed: 2/6/2023 3:04 PM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 72479384 By: Shailja Dixit 2/6/2023 3:18 PM CAUSE NO. 22-CV-0729 Plaintiffs IN THE DISTRICT COURT OF RICHARD VILLNAVE DARIUS STEWART GALVESTON COUNTY, TEXAS VS. Defendant ENCORE DREDGING 10TH JUDICIAL DISTRICT PARTNERS, LLC RULE 166(a)(i) “NO EVIDENCE” MOTION FOR SUMMARY JUDGMENT NOW COMES defendant, Encore Dredging Partners, LLC (“Encore”), who respectfully requests that this Honorable Court dismiss it from this litigation, with prejudice, pursuant to Texas Rule of Civil Procedure 166(a)(i). Plaintiffs cannot establish that Encore was negligent or that any lack of due care on the part of Encore caused Plaintiffs’ duck boat to strike a properly lit and marked dredge discharge pipeline on January 14, 2022. As discussed more fully in the attached memorandum in support, summary judgment is appropriate, and all of the Plaintiffs’ claims against Encore should be dismissed with prejudice. -1- CERTIFICATE OF SERVICE Respectfully submitted, I hereby certify that a copy of the STAINES, EPPLING & KENNEY above and foregoing pleading has been served on all counsel of record via the /s/ Corey P. Parenton service method indicated below: ___________________________________ COREY P. PARENTON (#24095858) [ ] U.S. Mail JASON R. KENNEY (PRO HAC VICE) [ ] Facsimile MICHAEL W. MALDONADO [ ] Hand Delivery 3500 North Causeway Boulevard Suite 820 [x ] ECF Filing Metairie, Louisiana 70002 Telephone: (504) 838-0019 This 6th day of February, 2023 Facsimile: (504) 838-0043 Counsel Encore Dredging Partners, LLC /s/ Corey P. Parenton _______________________________ -2- 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: 72479384 Status as of 2/6/2023 3:19 PM CST Associated Case Party: Encore Dredging Partners, LLC Name BarNumber Email TimestampSubmitted Status Corey PParenton corey@seklaw.com 2/6/2023 3:04:20 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Caroline Adams cadams@txattorneys.com 2/6/2023 3:04:20 PM SENT Anthony G.Buzbee tbuzbee@txattorneys.com 2/6/2023 3:04:20 PM SENT Jesse Rubio jrubio@txattorneys.com 2/6/2023 3:04:20 PM SENT Daedra Minigan dminigan@txattorneys.com 2/6/2023 3:04:20 PM SENT