On June 24, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Big Tex Air Conditioning, Inc.,
Taylor Morrison Of Texas, Inc.,
Taylor Woodrow Communities - League City, Ltd.,
Glass, Madeline,
Glass, Matthew,
and
Arnulfo Rodriguez Roofing Co., Inc.,
Big Tex Air Conditioning, Inc.,
Builder Services Group, Inc.,
Chaparral Plumbing, L.P.,
City Framers, Llc,
Clay, Troy A.,
William Insulation Company, Inc,
Taylor Morrison Of Texas, Inc.,
Taylor Woodrow Communities - League City, Ltd.,
for Injury/Damage - Other
in the District Court of Galveston County.
Preview
Filed: 5/28/2021 12:12 PM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 53920605
By: Shailja Dixit
5/28/2021 12:25 PM
CAUSE NO. 20-CV-0857
MATTHEW GLASS and § IN THE DISTRICT COURT OF
MADELINE GLASS, §
§
Plaintiffs, §
§
v. §
§
TAYLOR MORRISON OF TEXAS, INC. §
and TAYLOR WOODROW §
COMMUNITIES-LEAGUE CITY, LTD., §
§
§
Defendants/Third-Party Plaintiffs, § 56th JUDICIAL DISTRICT
§
v. §
§
BIG TEX AIR CONDITIONING, INC., §
§
§
Third-Party Defendant. § GALVESTON COUNTY, TEXAS
THIRD-PARTY DEFENDANT BIG TEX AIR CONDITIONING, INC.’S UNOPPOSED
MOTION FOR LEAVE TO FILE ORIGINAL THIRD PARTY PETITION &
DESIGNATE RESPONSIBLE THIRD PARTIES
SUBJECT TO ARBITRATION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, BIG TEX AIR CONDITIONING, INC., (“Big Tex”) the Third-Party
Defendant herein, and subject to Arbitration, files this its Unopposed Motion for Leave to File
Original Third-Party Petition & Designate Responsible Third Parties, including issuance of
citation and service upon Third-Party Defendants, Troy A. Clay, Arnulfo Rodriguez Roofing
Co., Inc., William Insulation Company, Inc., and Chaparral Plumbing, L.P. pursuant to TEXAS
RULES OF CIVIL PROCEDURE 38 and Texas Civil Practice and Remedies Code §33.004 and would
respectfully show this Court as follows:
1. Troy A. Clay, Arnulfo Rodriguez Roofing Co., Inc., William Insulation Company, Inc.,
and Chaparral Plumbing, L.P., all provided materials and/or services in the building of
Plaintiffs’ Home and are or may be liable for all or part of Plaintiffs’ claims.
2. Plaintiffs and Defendants/Third-Party Plaintiffs do not oppose Third-Party Defendant’s
request.
WHEREFORE, PREMISES CONSIDERED, Big Tex request the Court’s entry of its
Order authorizing Big Tex’ filing of its Third Party Petition, including issuance of citations and
service against Troy A. Clay, Arnulfo Rodriguez Roofing Co., Inc., William Insulation
Company, Inc., and Chaparral Plumbing, L.P., and to designate the foregoing as responsible third
parties who are or may be liable for all or part of Plaintiffs’ claims.
Respectfully submitted,
JOHNSON, TRENT & TAYLOR, L.L.P.
By: /s/ Amy Nilsen
Amy Nilsen
State Bar No. 24027574
anilsen@johnsontrent.com
Mark D. Ivanyo
State Bar No. 24110037
mivanyo@johnsontrent.com
919 Milam, Suite 1500
Houston, Texas 77002
Telephone: (713) 222-2323
Facsimile: (713) 222-2226
ATTORNEYS FOR
THIRD-PARTY DEFENDANT
BIG TEX AIR CONDITIONING, INC.
2
CERTIFICATE OF CONFERENCE
I have consulted with all counsel of record and they are unopposed to this motion.
/s/ Mark Ivanyo
MARK IVANYO
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing instrument
was forwarded to all counsel of record on the May 28, 2021.
Dax Faubus Via EService
The Faubus Firm
1001 Texas Avenue, 11th Floor
Houston, Texas 77002
Shaun W. Hodge Via Eservice
Hodge Law Firm, PLLC
Old Galveston Square
2211 The Strand, Suite 302
Galveston, Texas 77550
A. Craig Eiland Via Eservice
Law Offices of A. Craig Eiland
2200 Market St., Suite 501
Galveston, Texas 77550
Attorneys for Plaintiffs
James Rudnicki Via Eservice
Diana Alcala
Meghan Paulk-Ingle
BUSH RUDNICKI SHELTON, P.C.
2508 Ashley Worth Blvd., Suite 200
Austin, Texas 78738
Carl Wilkerson Via Eservice
Russell Daniels
200 N. Mesquite St., Suite 200
Arlington, Texas 76011
Attorneys for Taylor Morrison of Texas,
Inc. and Taylor Woodrow Communities –
League City, Ltd.
3
Carlos A. Balido Via Eservice
Meadow Park Tower
10440 North Central Expy, Suite 1500
Dallas, Texas 75231
Co-Counsel for Third-Party Defendant
Big Tex Air Conditioning, Inc.
/s/ Amy Nilsen
Amy L. Nilsen
4
Preview
Filed: 5/28/2021 12:12 PM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 53920605 By: Shailja Dixit 5/28/2021 12:25 PM CAUSE NO. 20-CV-0857 MATTHEW GLASS and § IN THE DISTRICT COURT OF MADELINE GLASS, § § Plaintiffs, § § v. § § TAYLOR MORRISON OF TEXAS, INC. § and TAYLOR WOODROW § COMMUNITIES-LEAGUE CITY, LTD., § § § Defendants/Third-Party Plaintiffs, § 56th JUDICIAL DISTRICT § v. § § BIG TEX AIR CONDITIONING, INC., § § § Third-Party Defendant. § GALVESTON COUNTY, TEXAS THIRD-PARTY DEFENDANT BIG TEX AIR CONDITIONING, INC.’S UNOPPOSED MOTION FOR LEAVE TO FILE ORIGINAL THIRD PARTY PETITION & DESIGNATE RESPONSIBLE THIRD PARTIES SUBJECT TO ARBITRATION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, BIG TEX AIR CONDITIONING, INC., (“Big Tex”) the Third-Party Defendant herein, and subject to Arbitration, files this its Unopposed Motion for Leave to File Original Third-Party Petition & Designate Responsible Third Parties, including issuance of citation and service upon Third-Party Defendants, Troy A. Clay, Arnulfo Rodriguez Roofing Co., Inc., William Insulation Company, Inc., and Chaparral Plumbing, L.P. pursuant to TEXAS RULES OF CIVIL PROCEDURE 38 and Texas Civil Practice and Remedies Code §33.004 and would respectfully show this Court as follows: 1. Troy A. Clay, Arnulfo Rodriguez Roofing Co., Inc., William Insulation Company, Inc., and Chaparral Plumbing, L.P., all provided materials and/or services in the building of Plaintiffs’ Home and are or may be liable for all or part of Plaintiffs’ claims. 2. Plaintiffs and Defendants/Third-Party Plaintiffs do not oppose Third-Party Defendant’s request. WHEREFORE, PREMISES CONSIDERED, Big Tex request the Court’s entry of its Order authorizing Big Tex’ filing of its Third Party Petition, including issuance of citations and service against Troy A. Clay, Arnulfo Rodriguez Roofing Co., Inc., William Insulation Company, Inc., and Chaparral Plumbing, L.P., and to designate the foregoing as responsible third parties who are or may be liable for all or part of Plaintiffs’ claims. Respectfully submitted, JOHNSON, TRENT & TAYLOR, L.L.P. By: /s/ Amy Nilsen Amy Nilsen State Bar No. 24027574 anilsen@johnsontrent.com Mark D. Ivanyo State Bar No. 24110037 mivanyo@johnsontrent.com 919 Milam, Suite 1500 Houston, Texas 77002 Telephone: (713) 222-2323 Facsimile: (713) 222-2226 ATTORNEYS FOR THIRD-PARTY DEFENDANT BIG TEX AIR CONDITIONING, INC. 2 CERTIFICATE OF CONFERENCE I have consulted with all counsel of record and they are unopposed to this motion. /s/ Mark Ivanyo MARK IVANYO CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing instrument was forwarded to all counsel of record on the May 28, 2021. Dax Faubus Via EService The Faubus Firm 1001 Texas Avenue, 11th Floor Houston, Texas 77002 Shaun W. Hodge Via Eservice Hodge Law Firm, PLLC Old Galveston Square 2211 The Strand, Suite 302 Galveston, Texas 77550 A. Craig Eiland Via Eservice Law Offices of A. Craig Eiland 2200 Market St., Suite 501 Galveston, Texas 77550 Attorneys for Plaintiffs James Rudnicki Via Eservice Diana Alcala Meghan Paulk-Ingle BUSH RUDNICKI SHELTON, P.C. 2508 Ashley Worth Blvd., Suite 200 Austin, Texas 78738 Carl Wilkerson Via Eservice Russell Daniels 200 N. Mesquite St., Suite 200 Arlington, Texas 76011 Attorneys for Taylor Morrison of Texas, Inc. and Taylor Woodrow Communities – League City, Ltd. 3 Carlos A. Balido Via Eservice Meadow Park Tower 10440 North Central Expy, Suite 1500 Dallas, Texas 75231 Co-Counsel for Third-Party Defendant Big Tex Air Conditioning, Inc. /s/ Amy Nilsen Amy L. Nilsen 4