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FELICIA PITRE us
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FIRST cLAss
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ROBERT FARQUHARSON‘3 '
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MURFIN DRILLING COMPANY INC“‘\7§“"’ASEOPERATIONS LLO a
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MARVIN W JONES
701 S Taylor St Ste 500
Amarillo, TX 79101-2424
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CAUSE NO. DC—22-14947
MURFIN DRILLING § IN THE DISTRICT COURT
COMPANY, INC. §
Plaintiff; g
v. g 44TH JUDICIAL DISTRICT
ASE OPERATIONS LLC g
Defendant. g DALLAS COUNTY, TEXAS
» -— -
«CONSENT JUDG T
This matter comes before the Court upon the agreement of Plaintiff Murfin Drilling
Company, Inc. ("MurfinI' or "Plaintiff') and Defendant ASE Operations LLC ("ASE" or
"Defendant") for the entry of consent judgment against ASE in the above-captioned case. After
having reviewed the file and for good cause shown, the Court makes the following findings, all
of which are specifically agreed to by ASE as reflected by the signature of their attorney at the
conclusion of this Judgment:
1. On October 27, 2022, Murfin filed the aboye-captioned lawsuit against ASE,
, asserting claims against ASE for breach of contact on sworn account, breach of contract, and
quantum meruit, and seeking as damages from ASE the remaining principal amount owed of
$101,503.60, plus pre-judgment interest accruing on this amount at the highest rate allowed by
law, plus Plaintiff‘s attorney's fees and costs pursuant to the Contract and Chapter 38 of the.
Texas Civil Practice and Remedies Code, plus post-judgment interest to accrue at the highest rate
I
allowed by law.
2. As stated in Plaintiff‘s First Amended Original Petition:
a. In early 2019, ASE contacted Murfin and requested that Murfin provide
certain goods and services on the Boone 5 #2V well in Roberts County,
Texas.
CORE/35264800002“ 823576031
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‘On April 8, 2020, ASE signed a Model Turnkey Contract ("Contract") for
goods and services on the Boone 5 #ZV well in Roberts County, Texas.
In April and May 2020, Murfin provided the goods and services on the Boone
5 #2V well, as requested by ASE.
Pursuant to the parties’ agreement, ASE owed Murfin a total of $203,007.20,
excluding interest, for the goods and services provided on the Boone 5 #2V
well.
After giving ASE credit of $101,503.60 for a deposit that was made prior to
the provision of the goods and services, there remains an overdue,
outstanding, and unpaid principal balance (excluding interest) of $101 ,503.60
. _for the goods and} services provided by Murfin to ASE.
This $101,503.60 amount was due to be paid by June 8, 2020, and to date, this
amount remains due and owing from ASE to Murfin.
3. ASE has reviewed Plaintiffs First Amended Original Petition and agrees to the
facts, allegations, and damages as a11eged by Murfin in Plaintiffs First Amended Original
Petition.
4. ASE consents to judgment being entered against it and in favor of Murfin in the
above—captioned lawsuit for the following amounts (which are further described in Plaintiff‘s
First Amended Original Petition and allowed under the Contract):
a. Outstanding Principal Balance of $101,503.60;
b. Interest Accrued on the Outstanding Principal Balance from June 9, 2020 to
the date of this judgment in the amount of $30,451.08, pursuant to paragraph
5.3 on page 2 of the Contract;
Attorney's fees, costs, and expenses incurred to date by Murfin of $15,099.67,
pursuant to paragraph 23 on page 7 of the Contract;
TOTAL JUDGMENT AMOUNT: $147,054.35
5. ASE agrees that the damages set out above are specifically allowed under the
Contract and that Murfin's attorney's fees, costs, and expenses identified above are reasonable,
proper, and were actually incurred by Murfin in this lawsuit.
CORE/35264800002” 82357603.]
6. Moreover, ASE agrees that Murfin is entitled to its reasonable attorney's fees and
costs incurred fi‘om this date moving forward in collection of this judgment.
7. The Court accepts this consent from ASE, finds that judgment should be entered
against ASE and in favor of Murfin, and holds that ASE is indehted and liable to Murfin for the
claims set out in Plaintiffs First Amended Original Petition in the total amount of $147,054.35.
8. The Court also rules that post-judgment interest shall accrue on the total judgment
amount stated above at a rate of 10% per year beginning on the day after this judgment is signed
and continuing thereafter.
NOW THEREFORE, for the reasons set out above and in the pleadings filed in this case,
and for good cause shown, the Court (i) grants judgment against Defendant ASE Operations
LLC and in favor of Plaintiff Murfin Drilling Company, Inc. on Murfin's claims set out in
Plaintiffs First Amended Original Petition, (ii) awards judgment in favor of Murfin and against
ASE in the amount of $147,054.35, (iii) orders that
post-judgment
interest accrues on this
judgment amount at a rate of 10% per year starting on the day after this Judgment is signed by
the Court, and (iv) orders that Murfin is entitled to its reasonable attorney's fees and costs
incurred fiom this date moving forward in collection of this judgment.
This judgment is final, appealable, and disposes of all parties and issues.
ORDERED, ADJ UDGED, and DECREED on this i day of A l k g , 2023.
.2}
Judge Presiding
CORE/35264803002“ 823576011
APPROVED AS TO FORM AND SUBSTANCE:
/s/ Marvin Jones (RF w/permission via email dated 6/7/2023)
Marvin Jones
SPROUSE SHRADER SMITH PLLC
Texas Bar No. 10929100
(806)468-3344
MartLionesébsorouselawcom
701 S. Taylor, Suite 500
Amarillo, Texas 79101
ATTORNEYS—FOR—ASE—OPERATIONSLLC , _
/s/ RobertE. Farguharson
Robert E. Farquharson
STIN S ON LLP
Texas Bar No. 24100550
(214)560-2222
Robert.farauharsonébstinsoueom
2200 Ross Ave., Suite 2900
Dallas, Texas 75201
ATTORNEYS FOR MURFIN DRILLING COMPANY, INC.
CORE/3526480.0002/ 1823576011
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FELICIA PITRE us . FIRST cLAss PRESORTED DISTRICT CLERK ~+. POSTAGEJPrmeveoWE—j l J-_ George L. Allen, Sr. Courts Building " 600 Commerce Street, Suite 101 31515202 $ 000 .546 .. Dallas, Texas 75202-4606 an; «M4» w i "'. 0000382903 JUN 13 2023 i H»- 6 I I.' 5 SNK ”53252455554 Civil Cage Cover_Sheet 1..-?" In TheElstrlct Court i: {ofDallas County, Texas “’ 3:” ROBERT FARQUHARSON‘3 ' 3102 Oak Lawn Avenue Suite 77 7 w . :71 ‘ IN RE;DC 2214947 "r. .31 ,- S s . MURFIN DRILLING COMPANY INC“‘\7§“"’ASEOPERATIONS LLO a I a “A '. ~' 1 ‘ Attorneysupdate your1nformat10n "en—w“; ”"19 ._:L‘ a1": if“?! https: //Www. dallascountyorg/govermnent/dlstrlct clerk/attorney—form php " “1.1M ‘ mQ‘é‘t‘: ROBERT FARQUHARSON9:73,, - _ , 3102 Oak Lawn Avenue, Suite777 :__; 115‘» ;:—;;:£-~**” . a "jg. Dallas, TX 75219 MARVIN W JONES 701 S Taylor St Ste 500 Amarillo, TX 79101-2424 i CAUSE NO. DC—22-14947 MURFIN DRILLING § IN THE DISTRICT COURT COMPANY, INC. § Plaintiff; g v. g 44TH JUDICIAL DISTRICT ASE OPERATIONS LLC g Defendant. g DALLAS COUNTY, TEXAS » -— - «CONSENT JUDG T This matter comes before the Court upon the agreement of Plaintiff Murfin Drilling Company, Inc. ("MurfinI' or "Plaintiff') and Defendant ASE Operations LLC ("ASE" or "Defendant") for the entry of consent judgment against ASE in the above-captioned case. After having reviewed the file and for good cause shown, the Court makes the following findings, all of which are specifically agreed to by ASE as reflected by the signature of their attorney at the conclusion of this Judgment: 1. On October 27, 2022, Murfin filed the aboye-captioned lawsuit against ASE, , asserting claims against ASE for breach of contact on sworn account, breach of contract, and quantum meruit, and seeking as damages from ASE the remaining principal amount owed of $101,503.60, plus pre-judgment interest accruing on this amount at the highest rate allowed by law, plus Plaintiff‘s attorney's fees and costs pursuant to the Contract and Chapter 38 of the. Texas Civil Practice and Remedies Code, plus post-judgment interest to accrue at the highest rate I allowed by law. 2. As stated in Plaintiff‘s First Amended Original Petition: a. In early 2019, ASE contacted Murfin and requested that Murfin provide certain goods and services on the Boone 5 #2V well in Roberts County, Texas. CORE/35264800002“ 823576031 l I i \ I ‘On April 8, 2020, ASE signed a Model Turnkey Contract ("Contract") for goods and services on the Boone 5 #ZV well in Roberts County, Texas. In April and May 2020, Murfin provided the goods and services on the Boone 5 #2V well, as requested by ASE. Pursuant to the parties’ agreement, ASE owed Murfin a total of $203,007.20, excluding interest, for the goods and services provided on the Boone 5 #2V well. After giving ASE credit of $101,503.60 for a deposit that was made prior to the provision of the goods and services, there remains an overdue, outstanding, and unpaid principal balance (excluding interest) of $101 ,503.60 . _for the goods and} services provided by Murfin to ASE. This $101,503.60 amount was due to be paid by June 8, 2020, and to date, this amount remains due and owing from ASE to Murfin. 3. ASE has reviewed Plaintiffs First Amended Original Petition and agrees to the facts, allegations, and damages as a11eged by Murfin in Plaintiffs First Amended Original Petition. 4. ASE consents to judgment being entered against it and in favor of Murfin in the above—captioned lawsuit for the following amounts (which are further described in Plaintiff‘s First Amended Original Petition and allowed under the Contract): a. Outstanding Principal Balance of $101,503.60; b. Interest Accrued on the Outstanding Principal Balance from June 9, 2020 to the date of this judgment in the amount of $30,451.08, pursuant to paragraph 5.3 on page 2 of the Contract; Attorney's fees, costs, and expenses incurred to date by Murfin of $15,099.67, pursuant to paragraph 23 on page 7 of the Contract; TOTAL JUDGMENT AMOUNT: $147,054.35 5. ASE agrees that the damages set out above are specifically allowed under the Contract and that Murfin's attorney's fees, costs, and expenses identified above are reasonable, proper, and were actually incurred by Murfin in this lawsuit. CORE/35264800002” 82357603.] 6. Moreover, ASE agrees that Murfin is entitled to its reasonable attorney's fees and costs incurred fi‘om this date moving forward in collection of this judgment. 7. The Court accepts this consent from ASE, finds that judgment should be entered against ASE and in favor of Murfin, and holds that ASE is indehted and liable to Murfin for the claims set out in Plaintiffs First Amended Original Petition in the total amount of $147,054.35. 8. The Court also rules that post-judgment interest shall accrue on the total judgment amount stated above at a rate of 10% per year beginning on the day after this judgment is signed and continuing thereafter. NOW THEREFORE, for the reasons set out above and in the pleadings filed in this case, and for good cause shown, the Court (i) grants judgment against Defendant ASE Operations LLC and in favor of Plaintiff Murfin Drilling Company, Inc. on Murfin's claims set out in Plaintiffs First Amended Original Petition, (ii) awards judgment in favor of Murfin and against ASE in the amount of $147,054.35, (iii) orders that post-judgment interest accrues on this judgment amount at a rate of 10% per year starting on the day after this Judgment is signed by the Court, and (iv) orders that Murfin is entitled to its reasonable attorney's fees and costs incurred fiom this date moving forward in collection of this judgment. This judgment is final, appealable, and disposes of all parties and issues. ORDERED, ADJ UDGED, and DECREED on this i day of A l k g , 2023. .2} Judge Presiding CORE/35264803002“ 823576011 APPROVED AS TO FORM AND SUBSTANCE: /s/ Marvin Jones (RF w/permission via email dated 6/7/2023) Marvin Jones SPROUSE SHRADER SMITH PLLC Texas Bar No. 10929100 (806)468-3344 MartLionesébsorouselawcom 701 S. Taylor, Suite 500 Amarillo, Texas 79101 ATTORNEYS—FOR—ASE—OPERATIONSLLC , _ /s/ RobertE. Farguharson Robert E. Farquharson STIN S ON LLP Texas Bar No. 24100550 (214)560-2222 Robert.farauharsonébstinsoueom 2200 Ross Ave., Suite 2900 Dallas, Texas 75201 ATTORNEYS FOR MURFIN DRILLING COMPANY, INC. CORE/3526480.0002/ 1823576011