On August 23, 2017 a
Answer
was filed
involving a dispute between
Murphy, Marty,
and
Labcon Inc,
Pavecon Holdings Co., Inc.,
Pavecon Ltd. Co.,
Pavecon Public Works Gp Llc,
Pavecon Public Works Lp,
Thompson, Stephanie,
Walker, C David,
for CNTR CNSMR COM DEBT
in the District Court of Dallas County.
Preview
I
DALLAS COUNTY
10/2/2017 9:55 AM
FELICIA PITRE
DISTRICT CLERK
NO. DC-17-10592
MARTY MURPHY, IN THE DISTRICT COURT
Plaintiff,
Vv.
192nd DISTRICT COURT
PAVECON HOLDING CO., INC.;
PAVECON LTD. CO.; and
PAVECON PUBLIC WORKS LP,
Defendants. DALLAS COUNTY, TEXAS
DEFENDANTS’ ORIGINAL ANSWER
Defendants Pavecon Holding Co., Inc., Pavecon Ltd. Co., and Pavecon Public
Works LP (collectively “Defendants” or “Pavecon”) file their Original Answer to the
Original Petition filed by Plaintiff Marty Murphy (‘Plaintiff’), and in support
thereof respectfully show as follows:
I GENERAL DENIAL
1 Defendants generally deny each and every claim Plaintiff has asserted
in Plaintiffs Original Petition and any amendments or supplements thereto, and
demand strict proof thereof in accordance with TEX. R. Civ. P. 92.
IL. AFFIRMATIVE DEFENSES
Pursuant to TEX. R. Civ. P. 94, Defendants affirmatively plead the following
defenses and reserve the right to plead additional defenses or affirmative defenses
as may be available, or become available, during the course of this case:
2 Plaintiffs claims are barred, in whole or in part, because Plaintiff has
unclean hands. During his employment, Plaintiff misappropriated and engaged in
the unauthorized use and theft of company resources including equipment, laborers,
DEFENDANTS’ ORIGINAL ANSWER PAGE 1
and materials for personal use and gain. Plaintiff is therefore barred from obtaining
the equitable remedies he seeks because Plaintiff has not done equity.
3. Plaintiff's claims are barred by Plaintiffs breaches of fiduciary duty,
resulting in forfeiture of Plaintiff's compensation from Defendants.
4 Plaintiff's quasi-contract theories (e.g., quantum meruit, money had
and received, unjust enrichment) all fail because there is an express contract
covering the subject matter of Plaintiff's quasi-contract claims.
5. Plaintiff's claims are barred in whole or in part by the release
provisions in the Stock Purchase Agreement dated December 20, 2016 between
Pavecon Holding and Murphy.
6 Plaintiff's claims are barred in whole or in part by the applicable
statute of limitations.
7. Plaintiffs claims fail because Plaintiff has failed to state a claim upon
which relief can be granted.
8 Plaintiffs claims are barred, in whole or in part, under the doctrines of
waiver, estoppel, ratification, and/or consent.
9 Plaintiff's damages are subject to offset, including disgorgement of
profits and compensation obtained by Plaintiff through Plaintiffs breaches of his
fiduciary duties owed to Defendants.
10. Defendants affirmatively plead that this action is baseless, frivolous,
unreasonable and groundless under TEX. R. Civ. P. 13, and TEX. Civ. PRAc. & REM.
DEFENDANTS’ ORIGINAL ANSWER PAGE 2
CODE §§ 10.001 et seq., entitling Defendants to recover their reasonable attorneys’
fees and costs incurred herein.
Til. PRAYER FOR RELIEF
WHEREFORE, PREMISES CONSIDERED, Defendants request that all
claims against them be dismissed, that Plaintiff take nothing on his claims against
Defendants, that all relief requested by Plaintiff be denied, and that Defendants
recover their reasonable attorneys’ fees and costs incurred herein.
Date: October 2, 2017 Respectfully submitted,
/s/J. Robert Arnett II
J. Robert Arnett IT
Texas Bar No. 01332900
barnett@carterscholer.com
Stacey Cho Hernandez
Texas Bar No. 24063953
shernandez@carterscholer.com
CARTER SCHOLER PLLC
8150 N. Central Expressway
Suite 500
Dallas, Texas 75206
Telephone: (214) 550-8188
Facsimile: (214) 550-8185
ATTORNEYS FOR DEFENDANTS
CERTIFICATE OF SERVICE
I hereby certify that, on October 2, 2017, all counsel of record were served
with this instrument through the Court’s electronic filing system.
/s/ J. Robert Arnett II
J. Robert Arnett IT
DEFENDANTS’ ORIGINAL ANSWER PAGE 3
Document Filed Date
October 02, 2017
Case Filing Date
August 23, 2017
Category
CNTR CNSMR COM DEBT
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I DALLAS COUNTY 10/2/2017 9:55 AM FELICIA PITRE DISTRICT CLERK NO. DC-17-10592 MARTY MURPHY, IN THE DISTRICT COURT Plaintiff, Vv. 192nd DISTRICT COURT PAVECON HOLDING CO., INC.; PAVECON LTD. CO.; and PAVECON PUBLIC WORKS LP, Defendants. DALLAS COUNTY, TEXAS DEFENDANTS’ ORIGINAL ANSWER Defendants Pavecon Holding Co., Inc., Pavecon Ltd. Co., and Pavecon Public Works LP (collectively “Defendants” or “Pavecon”) file their Original Answer to the Original Petition filed by Plaintiff Marty Murphy (‘Plaintiff’), and in support thereof respectfully show as follows: I GENERAL DENIAL 1 Defendants generally deny each and every claim Plaintiff has asserted in Plaintiffs Original Petition and any amendments or supplements thereto, and demand strict proof thereof in accordance with TEX. R. Civ. P. 92. IL. AFFIRMATIVE DEFENSES Pursuant to TEX. R. Civ. P. 94, Defendants affirmatively plead the following defenses and reserve the right to plead additional defenses or affirmative defenses as may be available, or become available, during the course of this case: 2 Plaintiffs claims are barred, in whole or in part, because Plaintiff has unclean hands. During his employment, Plaintiff misappropriated and engaged in the unauthorized use and theft of company resources including equipment, laborers, DEFENDANTS’ ORIGINAL ANSWER PAGE 1 and materials for personal use and gain. Plaintiff is therefore barred from obtaining the equitable remedies he seeks because Plaintiff has not done equity. 3. Plaintiff's claims are barred by Plaintiffs breaches of fiduciary duty, resulting in forfeiture of Plaintiff's compensation from Defendants. 4 Plaintiff's quasi-contract theories (e.g., quantum meruit, money had and received, unjust enrichment) all fail because there is an express contract covering the subject matter of Plaintiff's quasi-contract claims. 5. Plaintiff's claims are barred in whole or in part by the release provisions in the Stock Purchase Agreement dated December 20, 2016 between Pavecon Holding and Murphy. 6 Plaintiff's claims are barred in whole or in part by the applicable statute of limitations. 7. Plaintiffs claims fail because Plaintiff has failed to state a claim upon which relief can be granted. 8 Plaintiffs claims are barred, in whole or in part, under the doctrines of waiver, estoppel, ratification, and/or consent. 9 Plaintiff's damages are subject to offset, including disgorgement of profits and compensation obtained by Plaintiff through Plaintiffs breaches of his fiduciary duties owed to Defendants. 10. Defendants affirmatively plead that this action is baseless, frivolous, unreasonable and groundless under TEX. R. Civ. P. 13, and TEX. Civ. PRAc. & REM. DEFENDANTS’ ORIGINAL ANSWER PAGE 2 CODE §§ 10.001 et seq., entitling Defendants to recover their reasonable attorneys’ fees and costs incurred herein. Til. PRAYER FOR RELIEF WHEREFORE, PREMISES CONSIDERED, Defendants request that all claims against them be dismissed, that Plaintiff take nothing on his claims against Defendants, that all relief requested by Plaintiff be denied, and that Defendants recover their reasonable attorneys’ fees and costs incurred herein. Date: October 2, 2017 Respectfully submitted, /s/J. Robert Arnett II J. Robert Arnett IT Texas Bar No. 01332900 barnett@carterscholer.com Stacey Cho Hernandez Texas Bar No. 24063953 shernandez@carterscholer.com CARTER SCHOLER PLLC 8150 N. Central Expressway Suite 500 Dallas, Texas 75206 Telephone: (214) 550-8188 Facsimile: (214) 550-8185 ATTORNEYS FOR DEFENDANTS CERTIFICATE OF SERVICE I hereby certify that, on October 2, 2017, all counsel of record were served with this instrument through the Court’s electronic filing system. /s/ J. Robert Arnett II J. Robert Arnett IT DEFENDANTS’ ORIGINAL ANSWER PAGE 3