On June 30, 2023 a
Motion,Ex Parte
was filed
involving a dispute between
Fuqua, Andrea,
Fuqua, Myles,
and
Advanced Power Services,
Ct Cutlass Solar Ii Llc,
Sabanci Renewables, Inc.,
for Other Civil
in the District Court of Fort Bend County.
Preview
COME NOW Myles Fuqua and Andrea Fuqua
Cutlass Solar II LLC and Sabanci Renewables, Inc. in the
and file this Motion to Dismiss Without Prejudice In support,
against CT Cutlass Solar II LLC, Sabanci Renewables, Inc., and Advanced Power Services (NA)
Inc. On October 16, 2023, Plaintiffs voluntarily nonsuited Advanced Power Services (NA) Inc.
from the case, which was formalized by the Court’s Order of Partial Nonsuit of Advanced Power
Services (NA) Inc. on October 17, 2023. n November 17, 2023, Plaintiffs filed their First
Amended Petition, which corrected the party names T Cutlass Solar II LLC” to “Cutlass Solar
he parties currently involved in this action are Myles Fuqua and Andrea Fuqua as
Plaintiffs, and Cutlass Solar II LLC and Sabanci Renewables, Inc. as Defendants , the Parties).
Tolling Agreement
The Parties have executed a Tolling Agreement, effective January 12, 2024,
agreeing to temporarily suspend legal proceedings concerning Plaintiffs’ claims until July 31,
This agreement permits additional time for further investigation and potential resolution
outside the court
In accordance with the Tolling Agreement, the Parties request that the Court issue
an order dismissing all claims by and between Plaintiffs and Defendant without prejudice and
ordering that each party bear its own costs of court, attorneys’ fees, and expenses not otherwise
taxed by prior order of this Court.
WHEREFORE, Plaintiffs and Defendant pray that the Court: (i) grant this Agreed Motion
to Dismiss Without Prejudice without the necessity of a hearing; (ii) dismiss all claims in the
proceeding without prejudice; and (iii) order that each party pay its own costs of court, attorneys’
fees and expenses incurred in this matter.
Respectfully submitted,
ZABEL FREEMAN
/s/ Thomas A. Zabel
Thomas A. Zabel
State Bar No.
tzabel@zflawfirm.com
James A. Freeman
State Bar No. 00796580
jfreeman@zflawfirm.com
J. Mercer Day
State Bar No. 24116262
mday@zflawfirm.com
1135 Heights Blvd.
Houston, Texas 77008
9114 (Fax)
ATTORNEYS FOR PLAINTIFFS,
MYLES FUQUA AND ANDREA FUQUA
AGREED AS TO FORM AND SUBSTANCE:
ZABEL FREEMAN
/s/ Thomas A. Zabel
Thomas A. Zabel
State Bar No. 22235500
tzabel@zflawfirm.com
James A. Freeman
State Bar No. 00796580
jfreeman@zflawfirm.com
J. Mercer Day
State Bar No. 24116262
mday@zflawfirm.com
1135 Heights Blvd.
Houston, Texas 77008
ATTORNEYS FOR PLAINTIFFS
MYLES FUQUA AND ANDREA FUQUA
JACKSON WALKER L.L.P.
/s/ Christopher R. Mugica (with permission)
Christopher R. Mugica
State Bar No. 24027554
cmugica@jw.com
Cody Lee Vaughn
State Bar No. 24115897
cvaughn@jw.com
100 Congress, Suite 1100
Austin, Texas 78701
ATTORNEYS FOR DEFENDANTS,
CUTLASS SOLAR II LLC AND SABANCI RENEWABLES, INC.
CERTIFICATE OF SERVICE
I hereby certify that on the day of February , a true and correct copy of the
foregoing instrument was served on the following counsel via eFile.
Christopher R. Mugica
State Bar No. 24027554
cmugica@jw.com
Cody Lee Vaughn
State Bar No. 24115897
cvaughn@jw.com
Jackson Walker L.L.P.
100 Congress, Suite 1100
Austin, Texas 78701
Attorneys for Defendant
Cutlass Solar II LLC and Sabanci Renewables, Inc.
J. Mercer Day
J. Mercer Day
Document Filed Date
February 23, 2024
Case Filing Date
June 30, 2023
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
COME NOW Myles Fuqua and Andrea Fuqua Cutlass Solar II LLC and Sabanci Renewables, Inc. in the and file this Motion to Dismiss Without Prejudice In support, against CT Cutlass Solar II LLC, Sabanci Renewables, Inc., and Advanced Power Services (NA) Inc. On October 16, 2023, Plaintiffs voluntarily nonsuited Advanced Power Services (NA) Inc. from the case, which was formalized by the Court’s Order of Partial Nonsuit of Advanced Power Services (NA) Inc. on October 17, 2023. n November 17, 2023, Plaintiffs filed their First Amended Petition, which corrected the party names T Cutlass Solar II LLC” to “Cutlass Solar he parties currently involved in this action are Myles Fuqua and Andrea Fuqua as Plaintiffs, and Cutlass Solar II LLC and Sabanci Renewables, Inc. as Defendants , the Parties). Tolling Agreement The Parties have executed a Tolling Agreement, effective January 12, 2024, agreeing to temporarily suspend legal proceedings concerning Plaintiffs’ claims until July 31, This agreement permits additional time for further investigation and potential resolution outside the court In accordance with the Tolling Agreement, the Parties request that the Court issue an order dismissing all claims by and between Plaintiffs and Defendant without prejudice and ordering that each party bear its own costs of court, attorneys’ fees, and expenses not otherwise taxed by prior order of this Court. WHEREFORE, Plaintiffs and Defendant pray that the Court: (i) grant this Agreed Motion to Dismiss Without Prejudice without the necessity of a hearing; (ii) dismiss all claims in the proceeding without prejudice; and (iii) order that each party pay its own costs of court, attorneys’ fees and expenses incurred in this matter. Respectfully submitted, ZABEL FREEMAN /s/ Thomas A. Zabel Thomas A. Zabel State Bar No. tzabel@zflawfirm.com James A. Freeman State Bar No. 00796580 jfreeman@zflawfirm.com J. Mercer Day State Bar No. 24116262 mday@zflawfirm.com 1135 Heights Blvd. Houston, Texas 77008 9114 (Fax) ATTORNEYS FOR PLAINTIFFS, MYLES FUQUA AND ANDREA FUQUA AGREED AS TO FORM AND SUBSTANCE: ZABEL FREEMAN /s/ Thomas A. Zabel Thomas A. Zabel State Bar No. 22235500 tzabel@zflawfirm.com James A. Freeman State Bar No. 00796580 jfreeman@zflawfirm.com J. Mercer Day State Bar No. 24116262 mday@zflawfirm.com 1135 Heights Blvd. Houston, Texas 77008 ATTORNEYS FOR PLAINTIFFS MYLES FUQUA AND ANDREA FUQUA JACKSON WALKER L.L.P. /s/ Christopher R. Mugica (with permission) Christopher R. Mugica State Bar No. 24027554 cmugica@jw.com Cody Lee Vaughn State Bar No. 24115897 cvaughn@jw.com 100 Congress, Suite 1100 Austin, Texas 78701 ATTORNEYS FOR DEFENDANTS, CUTLASS SOLAR II LLC AND SABANCI RENEWABLES, INC. CERTIFICATE OF SERVICE I hereby certify that on the day of February , a true and correct copy of the foregoing instrument was served on the following counsel via eFile. Christopher R. Mugica State Bar No. 24027554 cmugica@jw.com Cody Lee Vaughn State Bar No. 24115897 cvaughn@jw.com Jackson Walker L.L.P. 100 Congress, Suite 1100 Austin, Texas 78701 Attorneys for Defendant Cutlass Solar II LLC and Sabanci Renewables, Inc. J. Mercer Day J. Mercer Day