On January 13, 2011 a
Motion,Ex Parte
was filed
involving a dispute between
Metal Sales Manufacturing Corp,
and
Thomson, James Michael,
Thomson Piping & Casing Inc,
for BREACH OF CONTRACT
in the District Court of Harris County.
Preview
Filed 11 April 7 P3:59
Chris Daniel - District Clerk
Harris Coun
ED101) 016257458
By: bradley k. darnell
CAUSE NO. 2011-02464
METAL SALES MANUFACTURING IN THE DISTRICT COURT
CORP.
Plaintiff,
VS. HARRIS COUNTY, TEXAS
THOMSON PIPING & CASING, INC.
d/b/a TINSPOT and JAMES
MICHAEL THOMSON
Defendants. 113™ JUDICIAL DISTRICT
MOTION TO MODIFY JUDGMENT AND MOTION TO ENTER AGREED FINAL
JUDGMENT
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Metal Sales Manufacturing Corp. (“Metal Sales”) (“Plaintiff’ or “Metal
Sales”), Plaintiff in the above-styled and numbered cause, and files this, its Motion for Modify
the Default Judgment entered against DEFENDANTS Thomson Piping & Casing, Inc. d/b/a
Tinspot (“Tinspot’”) and James Michael Thomson (“Thompson”) (collectively “Defendants”) on
March 8, 2011 and enter the Agreed Final Judgment filed contemporaneously herewith, and for
cause would respectfully show the following:
1 The Court entered a default judgment against Defendants on March 8, 2011.
Pursuant to Texas Rule of Civil Procedure 329b(g), this motion extends the Court’s plenary
power. Plaintiff and Defendants have entered into a settlement agreement and have agreed to the
terms of the Agreed Final Judgment, attached hereto as Exhibit “A” and filed separately
herewith. Accordingly, Plaintiff requests that the Judgment entered by this honorable Court on
March 8, 2011 against Defendants be vacated and the parties’ Agreed Final Judgment be signed
by the Court, entered and become the final judgment of this Court.
WHEREFORE, PREMISES CONSIDERED, Plaintiff requests that the Judgment entered
by this honorable Court on March 8, 2011 be vacated and the Agreed Final Judgment, filed
contemporaneously herewith, become the final judgment of this Court.
Respectfully Submitted,
JOHNSON D ‘A KURIS: OULD
A Professional ‘orpdration
By: ze
George A. Kurisky, Jr.
TBA No. 11767700
David C. Deiss
TBA No. 24036460
4 Houston Center
1221 Lamar Street, Suite 1000
Houston, Texas 77010
(713) 652-2525 - Telephone
(713) 652-5130 - Facsimile
ATTORNEYS FOR PLAINTIFF
METAL SALES MANUFACTURING CORP.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy, the foregoing has been delivered, as
indicated below, to all known counsel of record on this ‘ ‘day of April, 2011:
pe Certified Mail RRR
Crouch Law Office
eb
235 West Sealy Street
Alvin, Texas 77511
Document Filed Date
April 07, 2011
Case Filing Date
January 13, 2011
Category
BREACH OF CONTRACT
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Filed 11 April 7 P3:59 Chris Daniel - District Clerk Harris Coun ED101) 016257458 By: bradley k. darnell CAUSE NO. 2011-02464 METAL SALES MANUFACTURING IN THE DISTRICT COURT CORP. Plaintiff, VS. HARRIS COUNTY, TEXAS THOMSON PIPING & CASING, INC. d/b/a TINSPOT and JAMES MICHAEL THOMSON Defendants. 113™ JUDICIAL DISTRICT MOTION TO MODIFY JUDGMENT AND MOTION TO ENTER AGREED FINAL JUDGMENT TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Metal Sales Manufacturing Corp. (“Metal Sales”) (“Plaintiff’ or “Metal Sales”), Plaintiff in the above-styled and numbered cause, and files this, its Motion for Modify the Default Judgment entered against DEFENDANTS Thomson Piping & Casing, Inc. d/b/a Tinspot (“Tinspot’”) and James Michael Thomson (“Thompson”) (collectively “Defendants”) on March 8, 2011 and enter the Agreed Final Judgment filed contemporaneously herewith, and for cause would respectfully show the following: 1 The Court entered a default judgment against Defendants on March 8, 2011. Pursuant to Texas Rule of Civil Procedure 329b(g), this motion extends the Court’s plenary power. Plaintiff and Defendants have entered into a settlement agreement and have agreed to the terms of the Agreed Final Judgment, attached hereto as Exhibit “A” and filed separately herewith. Accordingly, Plaintiff requests that the Judgment entered by this honorable Court on March 8, 2011 against Defendants be vacated and the parties’ Agreed Final Judgment be signed by the Court, entered and become the final judgment of this Court. WHEREFORE, PREMISES CONSIDERED, Plaintiff requests that the Judgment entered by this honorable Court on March 8, 2011 be vacated and the Agreed Final Judgment, filed contemporaneously herewith, become the final judgment of this Court. Respectfully Submitted, JOHNSON D ‘A KURIS: OULD A Professional ‘orpdration By: ze George A. Kurisky, Jr. TBA No. 11767700 David C. Deiss TBA No. 24036460 4 Houston Center 1221 Lamar Street, Suite 1000 Houston, Texas 77010 (713) 652-2525 - Telephone (713) 652-5130 - Facsimile ATTORNEYS FOR PLAINTIFF METAL SALES MANUFACTURING CORP. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy, the foregoing has been delivered, as indicated below, to all known counsel of record on this ‘ ‘day of April, 2011: pe Certified Mail RRR Crouch Law Office eb 235 West Sealy Street Alvin, Texas 77511