On September 25, 2023 a
Answer
was filed
involving a dispute between
Mcintyre, Kevin,
and
Infinity Energy Inc.,
Sunnova Energy Corporation,
for All Other Civil Cases (OCA)
in the District Court of Hidalgo County.
Preview
Electronically Filed
1/22/2024 11:45 AM
Hidalgo County District Clerks
Reviewed By: Rachel Bueno
CAUSE NO. C-3960-23-H
KEVIN MCINTYRE, § IN THE DISTRICT COURT
§
Plaintiffs §
§
v. §
§ 389th JUDICIAL DISTRICT
SUNNOVA ENERGY §
INTERNATIONAL and INFINITY §
ENERGY, INC. §
§
Defendants. § HIDALGO COUNTY, TEXAS
DEFENDANT SUNNOVA ENERGY’S
ANSWER TO PLAINTIFF’S ORIGINAL PETITION
Subject to and without waiving its contractual right to compel arbitration, Defendant
Sunnova Energy Corporation files this Answer to Plaintiff Kevin McIntyre’s Original Petition.
GENERAL DENIAL
1. Pursuant to Texas Rule of Civil Procedure 92, Sunnova asserts a general denial to
all claims and causes of action asserted in the petition and demands strict proof thereof by a
preponderance of the evidence.
AFFIRMATIVE DEFENSES
2. Plaintiff’s claims are barred, in whole or in part, because they are subject to
mandatory, binding arbitration.
3. Plaintiff’s claims are barred, in whole or in part, because the petition fails to state
any claims upon which relief can be granted.
4. Plaintiff’s claims are barred, in whole or in part, by the express terms of his
agreements with Sunnova.
5. Plaintiff’s claims are barred, in whole or in part, by the doctrine of justification.
1
Electronically Filed
1/22/2024 11:45 AM
Hidalgo County District Clerks
Reviewed By: Rachel Bueno
6. Plaintiff’s claims are barred, in whole or in part, by the doctrines of ratification
and/or release.
7. Plaintiffs’ claims are barred, in whole or in part, by the doctrines of waiver, laches
and/or estoppel.
8. Plaintiff’s claims are barred, in whole or in part, because his damages (if any) were
caused by his failure to mitigate.
9. Plaintiff’s claims are barred, in whole or in part, because his own acts or omissions
caused or contributed to his alleged injuries.
10. Plaintiff’s claims are barred, in whole or in part, because any damages suffered by
Plaintiff were caused by the acts or omissions of a party or parties over whom Sunnova exercised
neither control nor right of control.
11. Plaintiff’s claims are barred, in whole or in part, by the doctrines of comparative
fault, contributory negligence, and proportionate responsibility.
12. Sunnova hereby incorporates any and all applicable affirmative defenses asserted
by any other party as if stated herein.
RULE 193.7 NOTICE
13. Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Sunnova gives notice
to all parties that any documents produced may be used against them in this matter without the
need to authenticate the documents.
PRAYER
For these reasons, Sunnova prays that Plaintiffs take nothing by this suit, and that Sunnova
recover all costs together with such other and further relief to which it may show itself to be justly
entitled.
2
Electronically Filed
1/22/2024 11:45 AM
Hidalgo County District Clerks
Reviewed By: Rachel Bueno
Dated: January 22, 2024 Respectfully submitted,
MCDOWELL HETHERINGTON LLP
By: /s/ Michael D. Matthews, Jr.
Michael D. Matthews, Jr.
State Bar No. 24051009
Louise B. Root
State Bar No. 24121092
1001 Fannin Street, Suite 2400
Houston, Texas 77002
Telephone: (713) 337-8879
Facsimile: (713) 337-8859
Email: matt.matthews@mhllp.com
Email: louise.root@mhllp.com
Attorneys for Defendant Sunnova
Energy Corporation
CERTIFICATE OF SERVICE
I certify that on January 22, 2024, a true and correct copy of this document was served
on Plaintiffs in accordance with the Texas Rules of Civil Procedure.
/s/ Michael D. Matthews, Jr.
Michael D. Matthews, Jr.
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.
Patricia Flores on behalf of Michael Matthews Jr.
Bar No. 24051009
patricia.flores@mhllp.com
Envelope ID: 83637007
Filing Code Description: Answer/Response
Filing Description: Defendant Sunnova Energys Answer to Plaintiffs
Original Petition
Status as of 1/22/2024 11:57 AM CST
Associated Case Party: Kevin McIntyre
Name BarNumber Email TimestampSubmitted Status
ABRAHAM GARCIA LITIGATION@KGSLAWPLLC.COM 1/22/2024 11:45:56 AM SENT
Associated Case Party: Infinity Energy Inc.
Name BarNumber Email TimestampSubmitted Status
Dawn S. McCord dawn.mccord@faegredrinker.com 1/22/2024 11:45:56 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Rachel Pereyda rachel.pereyda@faegredrinker.com 1/22/2024 11:45:56 AM SENT
Associated Case Party: Sunnova Energy Corporation
Name BarNumber Email TimestampSubmitted Status
Michael D.Matthews, Jr. matt.matthews@mhllp.com 1/22/2024 11:45:56 AM SENT
Louise Root louise.root@mhllp.com 1/22/2024 11:45:56 AM SENT
Document Filed Date
January 22, 2024
Case Filing Date
September 25, 2023
Category
All Other Civil Cases (OCA)
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Electronically Filed 1/22/2024 11:45 AM Hidalgo County District Clerks Reviewed By: Rachel Bueno CAUSE NO. C-3960-23-H KEVIN MCINTYRE, § IN THE DISTRICT COURT § Plaintiffs § § v. § § 389th JUDICIAL DISTRICT SUNNOVA ENERGY § INTERNATIONAL and INFINITY § ENERGY, INC. § § Defendants. § HIDALGO COUNTY, TEXAS DEFENDANT SUNNOVA ENERGY’S ANSWER TO PLAINTIFF’S ORIGINAL PETITION Subject to and without waiving its contractual right to compel arbitration, Defendant Sunnova Energy Corporation files this Answer to Plaintiff Kevin McIntyre’s Original Petition. GENERAL DENIAL 1. Pursuant to Texas Rule of Civil Procedure 92, Sunnova asserts a general denial to all claims and causes of action asserted in the petition and demands strict proof thereof by a preponderance of the evidence. AFFIRMATIVE DEFENSES 2. Plaintiff’s claims are barred, in whole or in part, because they are subject to mandatory, binding arbitration. 3. Plaintiff’s claims are barred, in whole or in part, because the petition fails to state any claims upon which relief can be granted. 4. Plaintiff’s claims are barred, in whole or in part, by the express terms of his agreements with Sunnova. 5. Plaintiff’s claims are barred, in whole or in part, by the doctrine of justification. 1 Electronically Filed 1/22/2024 11:45 AM Hidalgo County District Clerks Reviewed By: Rachel Bueno 6. Plaintiff’s claims are barred, in whole or in part, by the doctrines of ratification and/or release. 7. Plaintiffs’ claims are barred, in whole or in part, by the doctrines of waiver, laches and/or estoppel. 8. Plaintiff’s claims are barred, in whole or in part, because his damages (if any) were caused by his failure to mitigate. 9. Plaintiff’s claims are barred, in whole or in part, because his own acts or omissions caused or contributed to his alleged injuries. 10. Plaintiff’s claims are barred, in whole or in part, because any damages suffered by Plaintiff were caused by the acts or omissions of a party or parties over whom Sunnova exercised neither control nor right of control. 11. Plaintiff’s claims are barred, in whole or in part, by the doctrines of comparative fault, contributory negligence, and proportionate responsibility. 12. Sunnova hereby incorporates any and all applicable affirmative defenses asserted by any other party as if stated herein. RULE 193.7 NOTICE 13. Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Sunnova gives notice to all parties that any documents produced may be used against them in this matter without the need to authenticate the documents. PRAYER For these reasons, Sunnova prays that Plaintiffs take nothing by this suit, and that Sunnova recover all costs together with such other and further relief to which it may show itself to be justly entitled. 2 Electronically Filed 1/22/2024 11:45 AM Hidalgo County District Clerks Reviewed By: Rachel Bueno Dated: January 22, 2024 Respectfully submitted, MCDOWELL HETHERINGTON LLP By: /s/ Michael D. Matthews, Jr. Michael D. Matthews, Jr. State Bar No. 24051009 Louise B. Root State Bar No. 24121092 1001 Fannin Street, Suite 2400 Houston, Texas 77002 Telephone: (713) 337-8879 Facsimile: (713) 337-8859 Email: matt.matthews@mhllp.com Email: louise.root@mhllp.com Attorneys for Defendant Sunnova Energy Corporation CERTIFICATE OF SERVICE I certify that on January 22, 2024, a true and correct copy of this document was served on Plaintiffs in accordance with the Texas Rules of Civil Procedure. /s/ Michael D. Matthews, Jr. Michael D. Matthews, Jr. 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. Patricia Flores on behalf of Michael Matthews Jr. Bar No. 24051009 patricia.flores@mhllp.com Envelope ID: 83637007 Filing Code Description: Answer/Response Filing Description: Defendant Sunnova Energys Answer to Plaintiffs Original Petition Status as of 1/22/2024 11:57 AM CST Associated Case Party: Kevin McIntyre Name BarNumber Email TimestampSubmitted Status ABRAHAM GARCIA LITIGATION@KGSLAWPLLC.COM 1/22/2024 11:45:56 AM SENT Associated Case Party: Infinity Energy Inc. Name BarNumber Email TimestampSubmitted Status Dawn S. McCord dawn.mccord@faegredrinker.com 1/22/2024 11:45:56 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Rachel Pereyda rachel.pereyda@faegredrinker.com 1/22/2024 11:45:56 AM SENT Associated Case Party: Sunnova Energy Corporation Name BarNumber Email TimestampSubmitted Status Michael D.Matthews, Jr. matt.matthews@mhllp.com 1/22/2024 11:45:56 AM SENT Louise Root louise.root@mhllp.com 1/22/2024 11:45:56 AM SENT