On November 25, 2015 a
Motion-Secondary
was filed
involving a dispute between
Vela, Mario,
and
National Lloyds Insurance Company,
for MDL-13-0123
in the District Court of Hidalgo County.
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Electronically Filed
3/28/2017 4:35:58 PM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
CAUSE NO. MDL 13-0123
CL-15-3420-G
MARIO VELA § IN THE DISTRICT COURT
Plaintiff §
§
v. § HIDALGO COUNTY, TEXAS
§
§
NATIONAL LLOYDS INSURANCE §
COMPANY §
Defendant § 206TH JUDICIAL DISTRICT
TRANSFERRED FROM
CAUSE NO. CL-15-3420-G
MARIO VELA § IN THE COUNTY COURT
Plaintiff §
§
v. § AT LAW NUMBER 7
§
NATIONAL LLOYDS INSURANCE §
COMPANY §
Defendant § HIDALGO COUNTY, TEXAS
FINAL CONSENT JUDGMENT
In the absence of application for trial by jury, the above cause was heard before this court
on __________________. Plaintiff, Mario Vela, and Defendant, National Lloyds Insurance
Company, appeared by their attorneys of record.
At that time, attorneys for both parties announced the parties had agreed on a settlement of
the matters involved in this suit. This agreement is memorialized in the Memorandum of
Settlement attached and incorporated as Exhibit “A” to Defendant National Lloyds Insurance
Company’s Motion to Enforce Settlement Agreement by Entry of Consent Judgment. Pursuant to
the Memorandum of Settlement, National Lloyds Insurance Company has provided Plaintiff with
Electronically Filed
3/28/2017 4:35:58 PM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
a final Release and Settlement Agreement and Notice of Non-Suit with Prejudice as required by
the Memorandum of Settlement. Plaintiff has failed to execute and return the Release and
Settlement Agreement to National Lloyds Insurance Company, and has failed to file a Non-Suit
with Prejudice with the Court.
The Court, on request of the parties, finds that it has jurisdiction of the parties and subject
matter of this suit; that there is a bona fide dispute between the parties; that the settlement of this
dispute is fair, reasonable, and just; and that it would be in the best interests of the parties if the
court approved the settlement and rendered judgment accordingly.
The Court hereby RENDERS this Final Consent Judgment.
It is, therefore, ORDERED, ADJUDGED and DECREED that the Plaintiff, Mario Vela,
by virtue of National Lloyds Insurance Company’s compliance with the Memorandum of
Settlement, take nothing of and from the Defendant, National Lloyds Insurance Company, by way
of this lawsuit.
It is, further, ORDERED, ADJUDGED and DECREED that the Plaintiff, Mario Vela,
reimburse National Lloyds Insurance Company for its reasonable and necessary attorney’s fees in
the amount of $________.
It is, further, ORDERED, ADJUDGED and DECREED that the Plaintiff, Mario Vela,
execute the Release and Settlement Agreement and the Motion for Non-Suit with Prejudice and
Proposed Order attached hereto as Exhibit “B” and return to counsel for National Lloyds Insurance
Company within seven (7) days from the date of this Judgment.
This is a final judgment that disposes of all claims between Mario Vela and National Lloyds
Insurance Company and is appealable. All relief not expressly granted herein is denied.
Electronically Filed
3/28/2017 4:35:58 PM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
Signed on this the ______ day of _________________, 2017.
_______________________________
JUDGE PRESIDING
When filed in Court, copies to:
Douglas E. Pennebaker
State Bar No. 00788178
doug@pennebakerlaw.com
Willie McAllen
State Bar No. 24047468
PENNEBAKER LAW FIRM
A Professional Corporation
200 Concord Plaza Drive, Suite 750
San Antonio, Texas 78216
Telephone: (210) 562-2888
Telecopier: (210) 562-2880
Scot G. Doyen
State Bar No. 00792982
sdoyen@ds-lawyers.com
Alasdair A. Roberts
State Bar No. 24068541
aroberts@ds-lawyers.com
DOYEN SEBESTA, LTD. L.L.P.
Paragon Center One
450 Gears Road Suite 350
Houston, Texas 77067
(713) 580-8900
(713) 580-8910 Facsimile
Document Filed Date
March 28, 2017
Case Filing Date
November 25, 2015
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Electronically Filed 3/28/2017 4:35:58 PM Hidalgo County District Clerks Reviewed By: Armando Cantu CAUSE NO. MDL 13-0123 CL-15-3420-G MARIO VELA § IN THE DISTRICT COURT Plaintiff § § v. § HIDALGO COUNTY, TEXAS § § NATIONAL LLOYDS INSURANCE § COMPANY § Defendant § 206TH JUDICIAL DISTRICT TRANSFERRED FROM CAUSE NO. CL-15-3420-G MARIO VELA § IN THE COUNTY COURT Plaintiff § § v. § AT LAW NUMBER 7 § NATIONAL LLOYDS INSURANCE § COMPANY § Defendant § HIDALGO COUNTY, TEXAS FINAL CONSENT JUDGMENT In the absence of application for trial by jury, the above cause was heard before this court on __________________. Plaintiff, Mario Vela, and Defendant, National Lloyds Insurance Company, appeared by their attorneys of record. At that time, attorneys for both parties announced the parties had agreed on a settlement of the matters involved in this suit. This agreement is memorialized in the Memorandum of Settlement attached and incorporated as Exhibit “A” to Defendant National Lloyds Insurance Company’s Motion to Enforce Settlement Agreement by Entry of Consent Judgment. Pursuant to the Memorandum of Settlement, National Lloyds Insurance Company has provided Plaintiff with Electronically Filed 3/28/2017 4:35:58 PM Hidalgo County District Clerks Reviewed By: Armando Cantu a final Release and Settlement Agreement and Notice of Non-Suit with Prejudice as required by the Memorandum of Settlement. Plaintiff has failed to execute and return the Release and Settlement Agreement to National Lloyds Insurance Company, and has failed to file a Non-Suit with Prejudice with the Court. The Court, on request of the parties, finds that it has jurisdiction of the parties and subject matter of this suit; that there is a bona fide dispute between the parties; that the settlement of this dispute is fair, reasonable, and just; and that it would be in the best interests of the parties if the court approved the settlement and rendered judgment accordingly. The Court hereby RENDERS this Final Consent Judgment. It is, therefore, ORDERED, ADJUDGED and DECREED that the Plaintiff, Mario Vela, by virtue of National Lloyds Insurance Company’s compliance with the Memorandum of Settlement, take nothing of and from the Defendant, National Lloyds Insurance Company, by way of this lawsuit. It is, further, ORDERED, ADJUDGED and DECREED that the Plaintiff, Mario Vela, reimburse National Lloyds Insurance Company for its reasonable and necessary attorney’s fees in the amount of $________. It is, further, ORDERED, ADJUDGED and DECREED that the Plaintiff, Mario Vela, execute the Release and Settlement Agreement and the Motion for Non-Suit with Prejudice and Proposed Order attached hereto as Exhibit “B” and return to counsel for National Lloyds Insurance Company within seven (7) days from the date of this Judgment. This is a final judgment that disposes of all claims between Mario Vela and National Lloyds Insurance Company and is appealable. All relief not expressly granted herein is denied. Electronically Filed 3/28/2017 4:35:58 PM Hidalgo County District Clerks Reviewed By: Armando Cantu Signed on this the ______ day of _________________, 2017. _______________________________ JUDGE PRESIDING When filed in Court, copies to: Douglas E. Pennebaker State Bar No. 00788178 doug@pennebakerlaw.com Willie McAllen State Bar No. 24047468 PENNEBAKER LAW FIRM A Professional Corporation 200 Concord Plaza Drive, Suite 750 San Antonio, Texas 78216 Telephone: (210) 562-2888 Telecopier: (210) 562-2880 Scot G. Doyen State Bar No. 00792982 sdoyen@ds-lawyers.com Alasdair A. Roberts State Bar No. 24068541 aroberts@ds-lawyers.com DOYEN SEBESTA, LTD. L.L.P. Paragon Center One 450 Gears Road Suite 350 Houston, Texas 77067 (713) 580-8900 (713) 580-8910 Facsimile