On November 29, 2022 a
Judgment
was filed
involving a dispute between
Royal, Lurtee,
and
Gonzalez, James,
J Gonzalez Group,
Windsor, Slade,
for Injury/Damage - Motor Vehicle
in the District Court of Galveston County.
Preview
Filed: 5/19/2023 7:06 PM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 75838331
By: Shailja Dixit
NO. 22-CV-2256 5/22/2023 8:19 AM
§ IN THE DISTRICT COURT
§
LURTEE ROYAL
§
Plaintiff, §
§
§
vs. § 56TH JUDICIAL DISTRICT
§
§
SLADE WINDSOR, JOHNNY §
BAULCH SANDPIT, LLC., JOHNNY § GALVESTON COUNTY
BAULCH, JAMES GONZALEZ AND §
J GONZALEZ GROUP §
Defendants. §
PLAINTIFF’S REPLY TO DEFENDANT’S RESPONSE TO
PLAINTIFF’S MOTION FOR ENTRY OF DEFAULT
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES, LURTEE ROYAL, Plaintiff, in the above-entitled and numbered cause and files
this Reply Brief to Defendant’s Response to Plaintiff’s Motion for Entry of Default, and would respect-
fully show the Court as follows:
I.
Defendants James Gonzalez and J. Gonzalez have no basis for opposing a default judgment, as
they did not file a timely Answer and were in default on March 10, 2023. Defendant failed to timely
appear. Plaintiff did not file his Motion for Entry of Default until 39 days after they were in default,
giving Defendants sufficient time to file their Answer.
II.
Plaintiff has a right to entry of a default judgment against Defendants. The Court may enter a
default judgment on the pleadings against Defendants James Gonzalez and J. Gonzalez who have not
Page 1 of 2
filed an answer although required to do so. Tex. R. Civ. P. 239. Plaintiff was entitled to take the default
judgment as of the required appearance day. Tex. R. Civ. P. 238, 239.
WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests that this Honorable
Court grant Plaintiff’s Motion for Entry of Default, and for such other and further relief, both general
and special, at law and in equity, to which Plaintiff may be justly entitled.
Respectfully submitted,
/s/ Lisa Ventress__________
Lisa Ventress
Texas Bar No. 24076751
The Ventress Firm, P.C.
1322 Space Park Dr. Ste. C222
Houston, TX 77058
TEL. (832) 240-4365
FAX. (832) 565-1752
lisa@theventressfirm.com
ATTORNEY FOR PLAINTIFF
CERTIFICATE OF SERVICE
I certify that on this the 19th day of May 2023, a true and correct copy of the foregoing instrument
was served on all counsel of record in accordance with the Texas Rules of Civil Procedure.
Alexandra C. Nunnery
ANunnery.service@SPE-law.com
10355 Centrepark Dr., Suite 240
Houston, Texas 77043
Phone: (832)220-5400
Fax: (832) 220-3225
ATTORNEY FOR DEFENDANT
/s/ Lisa Ventress
Lisa Ventress
Page 2 of 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.
Lisa Ventress
Bar No. 24076751
lisa@theventressfirm.com
Envelope ID: 75838331
Filing Code Description: Reply
Filing Description: Pltf's Reply in to Def's Response in Opposition to Pltf's
Mtn for Default
Status as of 5/22/2023 8:21 AM CST
Associated Case Party: Lurtee Royal
Name BarNumber Email TimestampSubmitted Status
Lisa Ventress lisa@theventressfirm.com 5/19/2023 7:06:35 PM SENT
Eddie Mark SamsonMallari assistant@theventressfirm.com 5/19/2023 7:06:35 PM SENT
Associated Case Party: James Gonzalez
Name BarNumber Email TimestampSubmitted Status
Alexandra C.Nunnery anunnery.service@spe-law.com 5/19/2023 7:06:35 PM SENT
Document Filed Date
May 19, 2023
Case Filing Date
November 29, 2022
Category
Injury/Damage - Motor Vehicle
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
Filed: 5/19/2023 7:06 PM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 75838331 By: Shailja Dixit NO. 22-CV-2256 5/22/2023 8:19 AM § IN THE DISTRICT COURT § LURTEE ROYAL § Plaintiff, § § § vs. § 56TH JUDICIAL DISTRICT § § SLADE WINDSOR, JOHNNY § BAULCH SANDPIT, LLC., JOHNNY § GALVESTON COUNTY BAULCH, JAMES GONZALEZ AND § J GONZALEZ GROUP § Defendants. § PLAINTIFF’S REPLY TO DEFENDANT’S RESPONSE TO PLAINTIFF’S MOTION FOR ENTRY OF DEFAULT TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES, LURTEE ROYAL, Plaintiff, in the above-entitled and numbered cause and files this Reply Brief to Defendant’s Response to Plaintiff’s Motion for Entry of Default, and would respect- fully show the Court as follows: I. Defendants James Gonzalez and J. Gonzalez have no basis for opposing a default judgment, as they did not file a timely Answer and were in default on March 10, 2023. Defendant failed to timely appear. Plaintiff did not file his Motion for Entry of Default until 39 days after they were in default, giving Defendants sufficient time to file their Answer. II. Plaintiff has a right to entry of a default judgment against Defendants. The Court may enter a default judgment on the pleadings against Defendants James Gonzalez and J. Gonzalez who have not Page 1 of 2 filed an answer although required to do so. Tex. R. Civ. P. 239. Plaintiff was entitled to take the default judgment as of the required appearance day. Tex. R. Civ. P. 238, 239. WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests that this Honorable Court grant Plaintiff’s Motion for Entry of Default, and for such other and further relief, both general and special, at law and in equity, to which Plaintiff may be justly entitled. Respectfully submitted, /s/ Lisa Ventress__________ Lisa Ventress Texas Bar No. 24076751 The Ventress Firm, P.C. 1322 Space Park Dr. Ste. C222 Houston, TX 77058 TEL. (832) 240-4365 FAX. (832) 565-1752 lisa@theventressfirm.com ATTORNEY FOR PLAINTIFF CERTIFICATE OF SERVICE I certify that on this the 19th day of May 2023, a true and correct copy of the foregoing instrument was served on all counsel of record in accordance with the Texas Rules of Civil Procedure. Alexandra C. Nunnery ANunnery.service@SPE-law.com 10355 Centrepark Dr., Suite 240 Houston, Texas 77043 Phone: (832)220-5400 Fax: (832) 220-3225 ATTORNEY FOR DEFENDANT /s/ Lisa Ventress Lisa Ventress Page 2 of 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. Lisa Ventress Bar No. 24076751 lisa@theventressfirm.com Envelope ID: 75838331 Filing Code Description: Reply Filing Description: Pltf's Reply in to Def's Response in Opposition to Pltf's Mtn for Default Status as of 5/22/2023 8:21 AM CST Associated Case Party: Lurtee Royal Name BarNumber Email TimestampSubmitted Status Lisa Ventress lisa@theventressfirm.com 5/19/2023 7:06:35 PM SENT Eddie Mark SamsonMallari assistant@theventressfirm.com 5/19/2023 7:06:35 PM SENT Associated Case Party: James Gonzalez Name BarNumber Email TimestampSubmitted Status Alexandra C.Nunnery anunnery.service@spe-law.com 5/19/2023 7:06:35 PM SENT