On August 02, 2022 a
Answer
was filed
involving a dispute between
Southwestern Bell Telephone Company,
and
Mar-Con Services, Llc,
for Injury/Damage - Other
in the District Court of Galveston County.
Preview
Filed: 12/23/2022 12:43 PM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 71271007
By: Shailja Dixit
12/23/2022 2:10 PM
CAUSE NO.: 22-CV-1422
SOUTHWESTERN BELL TELEPHONE § IN THE DISTRICT COURT OF
COMPANY D/B/A AT&T TEXAS §
Plaintiff, §
§
vs. § GALVESTON COUNTY, TEXAS
§
MAR-CON SERVICES LLC, §
Defendant. §
§ 122ND JUDICIAL DISTRICT
DEFENDANT MAR-CON SERVICES LLC ORIGINAL ANSWER
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES MAR-CON SERVICES LLC, hereinafter "Defendant" in the above-styled
and numbered cause, and files Defendant’s Original Answer and in support hereof would
respectfully show unto the Court the following:
I.
GENERAL DENIAL
Defendant denies each and every, all and singular the material allegations made and
contained in the Original Petition and any petition which Plaintiff may hereinafter file by way of
amendment or supplement, and, in accordance with Texas law, demands that Plaintiff prove by a
preponderance of the credible evidence each and every such allegation made and contained therein.
II.
CREDIT/OFFSET
Pleading further, Defendant would show that it is entitled to a credit or offset equal to the
amount of any and all sums that the Plaintiff has received, or may hereinafter receive, by way of
settlement with any person or party. Alternatively, pursuant to Rule 48 of the Texas Rules of Civil
Procedure, Defendant contends that it is entitled to a proportionate reduction of any damages found
against it based upon the percentage of negligence attributable to the settling tortfeasor, cross-
claimant, designated third party, or other party to this case.
III.
193.7 NOTICE
Defendant intends to use the production of documents produced by all parties in
response to all discovery propounded throughout the course of the above-styled and numbered
cause, of which any and all documents will be used by Defendant for all purposes, in all
pretrial proceedings and at the time of trial.
Any and all documents produced by the parties in response to discovery requests will be
considered self-authenticated against those parties for use at any pre-trial hearing or trial in this
matter.
IV.
SPECIAL EXCEPTION
Defendant specially excepts to Plaintiff’s Original Petition in that Plaintiff fails to itemize
the amount of its alleged demands.
V.
JURY REQUEST
Defendant respectfully requests a jury trial.
WHEREFORE, PREMISES CONSIDERED, Defendant prays that Plaintiff take nothing
by this suit against Defendant, that Defendant be discharged, and that the Court grant such other
and further relief, both general and special, at law and in equity to which Defendant may be justly
entitled.
Respectfully submitted,
LAW OFFICE OF BRIAN J. JUDIS
__________________________________________
Brian J. Judis
TBN: 24026022
E-Mail: brian.judis@cna.com
U.S. MAIL: P.O. Box 94743
Chicago, IL 60690-4743
700 North Pearl, Suite 425
Dallas, TX 75201
Telephone: 214-220-5617
Facsimile: 866-489-7657
E-Service: dallassco@cna.com
ATTORNEY FOR DEFENDANT MAR-CON
SERVICES LLC
CERTIFICATE OF SERVICE
I certify that on the 23rd day of December 2022, a true and correct copy of the foregoing
instrument has been served pursuant to Texas Rules of Civil Procedure 21 and 21a, on all counsel
of record.
Via E-Service
Ray Vela, Esquire
Anderson Vela, LLP
4920 Westport Drive
The Colony, TX 75056
(214) 276-1545
rvela@abvlaw.com
__________________________________________
Brian J. Judis
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.
Charlie Smith on behalf of Brian Judis
Bar No. 24026022
charlie.smith2@cna.com
Envelope ID: 71271007
Status as of 12/23/2022 2:10 PM CST
Associated Case Party: MAR-CON SERVICES, LLC
Name BarNumber Email TimestampSubmitted Status
Brian J.Judis brian.judis@cna.com 12/23/2022 12:43:08 PM SENT
Dallas E-service dallassco@cna.com 12/23/2022 12:43:08 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Ray L.Vela rvela@abvlaw.com 12/23/2022 12:43:08 PM SENT
Document Filed Date
December 23, 2022
Case Filing Date
August 02, 2022
Category
Injury/Damage - Other
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Preview
Filed: 12/23/2022 12:43 PM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 71271007 By: Shailja Dixit 12/23/2022 2:10 PM CAUSE NO.: 22-CV-1422 SOUTHWESTERN BELL TELEPHONE § IN THE DISTRICT COURT OF COMPANY D/B/A AT&T TEXAS § Plaintiff, § § vs. § GALVESTON COUNTY, TEXAS § MAR-CON SERVICES LLC, § Defendant. § § 122ND JUDICIAL DISTRICT DEFENDANT MAR-CON SERVICES LLC ORIGINAL ANSWER TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES MAR-CON SERVICES LLC, hereinafter "Defendant" in the above-styled and numbered cause, and files Defendant’s Original Answer and in support hereof would respectfully show unto the Court the following: I. GENERAL DENIAL Defendant denies each and every, all and singular the material allegations made and contained in the Original Petition and any petition which Plaintiff may hereinafter file by way of amendment or supplement, and, in accordance with Texas law, demands that Plaintiff prove by a preponderance of the credible evidence each and every such allegation made and contained therein. II. CREDIT/OFFSET Pleading further, Defendant would show that it is entitled to a credit or offset equal to the amount of any and all sums that the Plaintiff has received, or may hereinafter receive, by way of settlement with any person or party. Alternatively, pursuant to Rule 48 of the Texas Rules of Civil Procedure, Defendant contends that it is entitled to a proportionate reduction of any damages found against it based upon the percentage of negligence attributable to the settling tortfeasor, cross- claimant, designated third party, or other party to this case. III. 193.7 NOTICE Defendant intends to use the production of documents produced by all parties in response to all discovery propounded throughout the course of the above-styled and numbered cause, of which any and all documents will be used by Defendant for all purposes, in all pretrial proceedings and at the time of trial. Any and all documents produced by the parties in response to discovery requests will be considered self-authenticated against those parties for use at any pre-trial hearing or trial in this matter. IV. SPECIAL EXCEPTION Defendant specially excepts to Plaintiff’s Original Petition in that Plaintiff fails to itemize the amount of its alleged demands. V. JURY REQUEST Defendant respectfully requests a jury trial. WHEREFORE, PREMISES CONSIDERED, Defendant prays that Plaintiff take nothing by this suit against Defendant, that Defendant be discharged, and that the Court grant such other and further relief, both general and special, at law and in equity to which Defendant may be justly entitled. Respectfully submitted, LAW OFFICE OF BRIAN J. JUDIS __________________________________________ Brian J. Judis TBN: 24026022 E-Mail: brian.judis@cna.com U.S. MAIL: P.O. Box 94743 Chicago, IL 60690-4743 700 North Pearl, Suite 425 Dallas, TX 75201 Telephone: 214-220-5617 Facsimile: 866-489-7657 E-Service: dallassco@cna.com ATTORNEY FOR DEFENDANT MAR-CON SERVICES LLC CERTIFICATE OF SERVICE I certify that on the 23rd day of December 2022, a true and correct copy of the foregoing instrument has been served pursuant to Texas Rules of Civil Procedure 21 and 21a, on all counsel of record. Via E-Service Ray Vela, Esquire Anderson Vela, LLP 4920 Westport Drive The Colony, TX 75056 (214) 276-1545 rvela@abvlaw.com __________________________________________ Brian J. Judis 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. Charlie Smith on behalf of Brian Judis Bar No. 24026022 charlie.smith2@cna.com Envelope ID: 71271007 Status as of 12/23/2022 2:10 PM CST Associated Case Party: MAR-CON SERVICES, LLC Name BarNumber Email TimestampSubmitted Status Brian J.Judis brian.judis@cna.com 12/23/2022 12:43:08 PM SENT Dallas E-service dallassco@cna.com 12/23/2022 12:43:08 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Ray L.Vela rvela@abvlaw.com 12/23/2022 12:43:08 PM SENT