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FILED
2/14/2022 9:26 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Darling Tellez DEPUTY
CAUSE NO. DC-21-08491
ANGELA FERGUSON IN THE DISTRICT COURT
Plaintiff(s),
vs. DALLAS COUNTY, TEXAS
DANIEL PAUL ARCH; VELEX, INC.,
NEXIUS SOLUTIONS, INC.; NWON,
LLC. AND PROJECT PEOPLE U.S.
INC.
Defendant(s). 101“ JUDICIAL DISTRICT
DEFENDANT PROJECT PEOPLE U._S.. INC.’S MOTION TO TRANSFER VENUE
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Defendant(s), PROJECT PEOPLE U.S., INC., and files this Motion to
Transfer Venue and would respectfully show the Court as follows:
I.
. Defendant objects to venue in Dallas County, the county in which this suit was
instituted, on the ground that venue of the action is prescribed by Section 15.002 of the Civil
Practice and Remedies Code. Specifically, suits should be brought 1) in the county in which all
or a substantial part of the events or omissions giving rise to the claim arose 2) the county of
Defendant’s residence at the time of the cause of action, or if a corporation the principal place of
business of the corporation. The incident occurred in Denton County, Mr. Arch does not reside
in the United States, Co-Defendants are not based in Dallas County but in Denton County, and
Project People U.S. has a principal place of business in Denton County. Dallas county is not a
proper or permissible venue for this action.
DEFENDANT PROJECT PEOPLE U.S., INC.’S MOTION TO TRANSFER VENUE
PAGE 1 OF 3
Further, this court may, for the convenience of the parties and Witnesses and in the
interest of justice, transfer an action from a county of proper venue to another county of proper
venue on motion of the Defendant. Defendant asserts that maintaining the action in the current
county would work an injustice on defendant considering economic and employment factors, the
transfer would not work an injustice on the Plaintiff, and the balance of interest of the parties
predominates in favor or the action being brought in another County.
III.
PRAYER
Wherefore Premises Considered, Defendant having fully answered herein, prays that venue be
transferred to Denton County, that Plaintiff take nothing by reason of this suit, that Defendant go
hence without delay and recover costs of court and for such other and further relief, both general
and special, at law and in equity, to which Defendant may be justly entitled. Respectfully
submitted,
LAW OFFICES 0F LISA D. BALL
flflz/
By:
Lisa D. Ball
State Bar No. 06119550
5 910 N. Central Expressway, Suite 300A
Dallas, Texas 75206
Telephone: (214) 750-3975
Facsimile: (508) 926-5002
E-Service: DallasHC@hanover.com
Email: LBall@hanover.com
ATTORNEY FOR DEFENDANT
PROJECT PEOPLE U.S., INC.
DEFENDANT PROJECT PEOPLE U.S., INC.’S MOTION TO TRANSFER VENUE
PAGE 2 OF 3
CERTIFICATE OF SERVICE
I certify that on February 14, 2022, a true and correct copy of the foregoing instrument
has been forwarded, pursuant to the Texas Rules of Civil Procedure, to all counsel listed below:
John C. Nohinek
Shelly Greco
Witherite Law Group, PLLC
901 W. Vickery Blvd., Suite 900
Fort Worth, TX 76104
Kelly L. Davis, Andrew Fifield
Touchstone, Bernays, Johnston, Beall, Smith & Stollenwerck, LLP
1717 Main Street, Suite 3400
Dallas, TX 75201
flaw
Lisa D. Ball
DEFENDANT PROJECT PEOPLE U.S., INC.’S MOTION TO TRANSFER VENUE
PAGE 3 OF 3
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 Ball
Bar No. 6119550
Dallashc@hanover.com
Envelope ID: 61704062
Status as of 2/14/2022 10:01 AM CST
Associated Case Party: PROJECT PEOPLE U.S. INC.
Name BarNumber Email TimestampSubmitted Status
Lisa Ball DallasHC@Hanover.com 2/14/2022 9:26:34 AM SENT
Associated Case Party: ANGELA FERGUSON
Name BarNumber Email TimestampSubmitted Status
Carol Caudle carol.caudle@witheritelaw.com 2/ 14/2022 9:26:34 AM SENT
John Nohinek john.nohinek@witheritelaw.com 2/14/2022 9:26:34 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
MICHAEL MARTINEZ mikegmartinezlaw@gmail.com 2/14/2022 9:26:34 AM SENT
Associated Case Party: VELEX, INC.
Name BarNumber Email TimestampSubmitted Status
R. Wayne Gordon wayne.gordon@tbjbs.com 2/14/2022 9:26:34 AM SENT
Andrew Fifield andrew.fifield@tbjbs.com 2/14/2022 9:26:34 AM SENT
Angelina Chairez angelina.chairez@tbjbs.com 2/14/2022 9:26:34 AM SENT
Heather Vandever heather.vandever@tbjbs.com 2/14/2022 9:26:34 AM SENT
John Couch john.couch@tbjbs.com 2/14/2022 9:26:34 AM SENT
Clarissa Anderson clarissa.anderson@tbjbs.com 2/14/2022 9:26:34 AM SENT
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FILED 2/14/2022 9:26 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Darling Tellez DEPUTY CAUSE NO. DC-21-08491 ANGELA FERGUSON IN THE DISTRICT COURT Plaintiff(s), vs. DALLAS COUNTY, TEXAS DANIEL PAUL ARCH; VELEX, INC., NEXIUS SOLUTIONS, INC.; NWON, LLC. AND PROJECT PEOPLE U.S. INC. Defendant(s). 101“ JUDICIAL DISTRICT DEFENDANT PROJECT PEOPLE U._S.. INC.’S MOTION TO TRANSFER VENUE TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Defendant(s), PROJECT PEOPLE U.S., INC., and files this Motion to Transfer Venue and would respectfully show the Court as follows: I. . Defendant objects to venue in Dallas County, the county in which this suit was instituted, on the ground that venue of the action is prescribed by Section 15.002 of the Civil Practice and Remedies Code. Specifically, suits should be brought 1) in the county in which all or a substantial part of the events or omissions giving rise to the claim arose 2) the county of Defendant’s residence at the time of the cause of action, or if a corporation the principal place of business of the corporation. The incident occurred in Denton County, Mr. Arch does not reside in the United States, Co-Defendants are not based in Dallas County but in Denton County, and Project People U.S. has a principal place of business in Denton County. Dallas county is not a proper or permissible venue for this action. DEFENDANT PROJECT PEOPLE U.S., INC.’S MOTION TO TRANSFER VENUE PAGE 1 OF 3 Further, this court may, for the convenience of the parties and Witnesses and in the interest of justice, transfer an action from a county of proper venue to another county of proper venue on motion of the Defendant. Defendant asserts that maintaining the action in the current county would work an injustice on defendant considering economic and employment factors, the transfer would not work an injustice on the Plaintiff, and the balance of interest of the parties predominates in favor or the action being brought in another County. III. PRAYER Wherefore Premises Considered, Defendant having fully answered herein, prays that venue be transferred to Denton County, that Plaintiff take nothing by reason of this suit, that Defendant go hence without delay and recover costs of court and for such other and further relief, both general and special, at law and in equity, to which Defendant may be justly entitled. Respectfully submitted, LAW OFFICES 0F LISA D. BALL flflz/ By: Lisa D. Ball State Bar No. 06119550 5 910 N. Central Expressway, Suite 300A Dallas, Texas 75206 Telephone: (214) 750-3975 Facsimile: (508) 926-5002 E-Service: DallasHC@hanover.com Email: LBall@hanover.com ATTORNEY FOR DEFENDANT PROJECT PEOPLE U.S., INC. DEFENDANT PROJECT PEOPLE U.S., INC.’S MOTION TO TRANSFER VENUE PAGE 2 OF 3 CERTIFICATE OF SERVICE I certify that on February 14, 2022, a true and correct copy of the foregoing instrument has been forwarded, pursuant to the Texas Rules of Civil Procedure, to all counsel listed below: John C. Nohinek Shelly Greco Witherite Law Group, PLLC 901 W. Vickery Blvd., Suite 900 Fort Worth, TX 76104 Kelly L. Davis, Andrew Fifield Touchstone, Bernays, Johnston, Beall, Smith & Stollenwerck, LLP 1717 Main Street, Suite 3400 Dallas, TX 75201 flaw Lisa D. Ball DEFENDANT PROJECT PEOPLE U.S., INC.’S MOTION TO TRANSFER VENUE PAGE 3 OF 3 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 Ball Bar No. 6119550 Dallashc@hanover.com Envelope ID: 61704062 Status as of 2/14/2022 10:01 AM CST Associated Case Party: PROJECT PEOPLE U.S. INC. Name BarNumber Email TimestampSubmitted Status Lisa Ball DallasHC@Hanover.com 2/14/2022 9:26:34 AM SENT Associated Case Party: ANGELA FERGUSON Name BarNumber Email TimestampSubmitted Status Carol Caudle carol.caudle@witheritelaw.com 2/ 14/2022 9:26:34 AM SENT John Nohinek john.nohinek@witheritelaw.com 2/14/2022 9:26:34 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status MICHAEL MARTINEZ mikegmartinezlaw@gmail.com 2/14/2022 9:26:34 AM SENT Associated Case Party: VELEX, INC. Name BarNumber Email TimestampSubmitted Status R. Wayne Gordon wayne.gordon@tbjbs.com 2/14/2022 9:26:34 AM SENT Andrew Fifield andrew.fifield@tbjbs.com 2/14/2022 9:26:34 AM SENT Angelina Chairez angelina.chairez@tbjbs.com 2/14/2022 9:26:34 AM SENT Heather Vandever heather.vandever@tbjbs.com 2/14/2022 9:26:34 AM SENT John Couch john.couch@tbjbs.com 2/14/2022 9:26:34 AM SENT Clarissa Anderson clarissa.anderson@tbjbs.com 2/14/2022 9:26:34 AM SENT