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NO. 2007-14670
5
FRANK’S CASING CREW &, IN THE DISTRICT COURT
RENTAL TOOLS, INC.
Plaintiff,
vs. HARRIS COUNTY, TEXAS
SUNDANCE RESOURCES, INC.,
Defendant. 333" JUDICIAL DISTRICT
DEFENDANT SUNDANCE RESOURCES, INC.’S MOTION TO TRANSFER
VENUE AND ORIGINAL ANSWER
TO THE HONORABLE COURT:
Defendant Sundance Resources, Inc. (“Defendant”) files this, its Original Answer to
Plaintiff's Original Petition, and would show the Court as follows:
MOTION TO TRANSFER VENUE
1 Harris County, Texas, is not a proper venue for this action. Defendant specifically
denies the venue allegations, if any, set forth in Plaintiffs Original Petition (the “Petition”) as:
a. None of the alleged acts of Defendant occurred in Harris County, Texas;
and
Neither all nor a substantial part of Defendant’s alleged conduct occurred
in Harris County, Texas.
2 Pursuant to Texas Civil Practice and Remedies Code § 15.002(a)(3), venue is
proper in Johnson County, Texas, a county in which the Defendant’s principal office is located.
Defendant therefore requests that the claims in this action s trangferred to Jgfnsony County,
CHARLES BACARISSE
Texas. District Clerk
APR
2 4 2007
Harris County, Texas
DEFENDANT SUNDANCE RESOURCES, INC.’S MOTION TO By Page 1
Oeputy
TRANSFER VENUE AND ORIGINAL ANSWER yA
Oo -
@ e
ORIGINAL ANSWER
SUBJECT TQ MOTION TO TRANSFER VENUE
For its answer to the Plaintiff's Original Petition, Defendant states as follows:
VERIFIED DENIAL
Pursuant to Texas Rule of Civil Procedure 93, Defendant denies that Plaintiff provided all
necessary consideration for the alleged contract(s) and/or that such consideration failed.
Pursuant to Texas Rule of Civil Procedure 93, Defendant denies that each and every item
of Plaintiff's sworn account is just or true
GENERAL DENIAL
Defendant generally denies each and every allegation contained in Plaintiff's Original
Petition and demands strict proof thereof by a preponderance of the evidence as provided by TEx.
R. Civ. P. 92.
WHEREFORE, Defendant requests judgment of this Court as follows:
1 That judgment shall be entered for Defendant and against Plaintiff on all claims;
and
That Defendant recovers all costs, together with such other and further relief to
which Defendant may be justly entitled.
DEFENDANT SUNDANCE RESOURCES, INC.’S MOTION TO Page 2
TRANSFER VENUE AND ORIGINAL ANSWER
Respectfully submitted,
(UM LEE
Charles W. Gaméros, Jr., P.C.
State Bar No. 00796596
HOGE & GAMEROS, L.L.P.
4311 Oak Lawn Ave., Suite 600
Dallas, Texas 75219
Telephone: (214) 765-6000
Telecopier: (214) 292-8556
ATTORNEY FOR DEFENDANT
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was served on counsel of
record as shown below on this 19th day of April, 2007:
Via REGULAR MAIL
Kevin T. Dossett
CHAMBERLAIN, HRDLICKA, WHITE, WILLIAMS & MARTIN
1200 Smith Street
14" Floor
Houston, Texas 77002
Telephone: (713) 654-9670
(Ws LE
Facsimile: (713) 356-1070
Counsel for Plaintiff
Charles W. Gameros, Jr., P.C.
DEFENDANT SUNDANCE RESOURCES, INC.’S MOTION TO Page 3
TRANSFER VENUE AND ORIGINAL ANSWER
ANI
rc
a
VERIFICATIO!
STATE OF TEXAS 8
COUNTY OF JOHNSON 8
BEFORE ME, the undersigned notary, on this day personally appeared David Pat Patman,
as Chief Operating Officer of Defendant Sundance Resources, Inc., known to me to be the person
whose name is subscribed
below and, after being by me first duly sworn under penalty of perjury,
declared that he has read the foregoing document, and the statements contained in the Verified
a
Denial therein are true and correct.
David Pat Patman
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this _/ 2. day of April, 2007
ty, .
SEAL:
{O°
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NOTARY PUBLIC, State of Texas.
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DEFENDANT SUNDANCE RESOURCES, INC.’S MOTION TO Page 4
TRANSFER VENUE AND ORIGINAL ANSWER
@ e
HOGE & GAMEROS , L.L.P.
ATTORNEYS & COUNSELORS
4311 Oaklawn Avenue, Suite 600
Dallas, Texas 75219
Phone 214-765-6000 CHARLES W. GAMEROS,JR, P.C.
Fox 2142928556 Email: BGameros@legalTexas.com
April 19, 2007
VIA CERTIFIED MAIL # 7003 1010 0005 0490 6181
RETURN RECEIPT REQUESTED
Bernadette Lynch
333” District Clerk
Harris County Civil Courthouse
201 Caroline, 14th Floor
Houston, Texas 77002
Telephone: (713) 368-6470
Re: Frank’s Casing Crew & Rental Tools, Inc. v. Sundance Resources, Inc.; Cause
No. 2007-14670; In the 333" Judicial District, Harris County, Texas.
Dear Ms. Lynch:
We have enclosed for filing an original and one copy of Defendant Sundance Resources,
Inc.’s Motion to Transfer Venue and Original Answer.
Please file the same with your court and return a file-stamped copy to us via the enclosed
self-addressed stamped envelope.
Thank you in advance for your courtesy and cooperation.
Z- Ae
Vehi yours,
CWG:hdn Charles W. Gameros, Jr., P.C.
Enclosures
ce: Vis REGULAR MAIL
Kevin T. Dossett
CHAMBERLAIN, HRDLICKA, WHITE, WILLIAMS & MARTIN E
1200 Smith Street F I
CHARLES BACARISS
E
14" Floor District Clerk
Houston, Texas 77002
Telephone: (713) 654-9670 APR 2.4 2007-
Facsimile: (713) 356-1070 Harris County, Texas
By Deputy
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~ e NO. 2007-14670 5 FRANK’S CASING CREW &, IN THE DISTRICT COURT RENTAL TOOLS, INC. Plaintiff, vs. HARRIS COUNTY, TEXAS SUNDANCE RESOURCES, INC., Defendant. 333" JUDICIAL DISTRICT DEFENDANT SUNDANCE RESOURCES, INC.’S MOTION TO TRANSFER VENUE AND ORIGINAL ANSWER TO THE HONORABLE COURT: Defendant Sundance Resources, Inc. (“Defendant”) files this, its Original Answer to Plaintiff's Original Petition, and would show the Court as follows: MOTION TO TRANSFER VENUE 1 Harris County, Texas, is not a proper venue for this action. Defendant specifically denies the venue allegations, if any, set forth in Plaintiffs Original Petition (the “Petition”) as: a. None of the alleged acts of Defendant occurred in Harris County, Texas; and Neither all nor a substantial part of Defendant’s alleged conduct occurred in Harris County, Texas. 2 Pursuant to Texas Civil Practice and Remedies Code § 15.002(a)(3), venue is proper in Johnson County, Texas, a county in which the Defendant’s principal office is located. Defendant therefore requests that the claims in this action s trangferred to Jgfnsony County, CHARLES BACARISSE Texas. District Clerk APR 2 4 2007 Harris County, Texas DEFENDANT SUNDANCE RESOURCES, INC.’S MOTION TO By Page 1 Oeputy TRANSFER VENUE AND ORIGINAL ANSWER yA Oo - @ e ORIGINAL ANSWER SUBJECT TQ MOTION TO TRANSFER VENUE For its answer to the Plaintiff's Original Petition, Defendant states as follows: VERIFIED DENIAL Pursuant to Texas Rule of Civil Procedure 93, Defendant denies that Plaintiff provided all necessary consideration for the alleged contract(s) and/or that such consideration failed. Pursuant to Texas Rule of Civil Procedure 93, Defendant denies that each and every item of Plaintiff's sworn account is just or true GENERAL DENIAL Defendant generally denies each and every allegation contained in Plaintiff's Original Petition and demands strict proof thereof by a preponderance of the evidence as provided by TEx. R. Civ. P. 92. WHEREFORE, Defendant requests judgment of this Court as follows: 1 That judgment shall be entered for Defendant and against Plaintiff on all claims; and That Defendant recovers all costs, together with such other and further relief to which Defendant may be justly entitled. DEFENDANT SUNDANCE RESOURCES, INC.’S MOTION TO Page 2 TRANSFER VENUE AND ORIGINAL ANSWER Respectfully submitted, (UM LEE Charles W. Gaméros, Jr., P.C. State Bar No. 00796596 HOGE & GAMEROS, L.L.P. 4311 Oak Lawn Ave., Suite 600 Dallas, Texas 75219 Telephone: (214) 765-6000 Telecopier: (214) 292-8556 ATTORNEY FOR DEFENDANT CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served on counsel of record as shown below on this 19th day of April, 2007: Via REGULAR MAIL Kevin T. Dossett CHAMBERLAIN, HRDLICKA, WHITE, WILLIAMS & MARTIN 1200 Smith Street 14" Floor Houston, Texas 77002 Telephone: (713) 654-9670 (Ws LE Facsimile: (713) 356-1070 Counsel for Plaintiff Charles W. Gameros, Jr., P.C. DEFENDANT SUNDANCE RESOURCES, INC.’S MOTION TO Page 3 TRANSFER VENUE AND ORIGINAL ANSWER ANI rc a VERIFICATIO! STATE OF TEXAS 8 COUNTY OF JOHNSON 8 BEFORE ME, the undersigned notary, on this day personally appeared David Pat Patman, as Chief Operating Officer of Defendant Sundance Resources, Inc., known to me to be the person whose name is subscribed below and, after being by me first duly sworn under penalty of perjury, declared that he has read the foregoing document, and the statements contained in the Verified a Denial therein are true and correct. David Pat Patman GIVEN UNDER MY HAND AND SEAL OF OFFICE on this _/ 2. day of April, 2007 ty, . SEAL: {O° ee NOTARY PUBLIC, State of Texas. sh ne a me % . s HW L DEFENDANT SUNDANCE RESOURCES, INC.’S MOTION TO Page 4 TRANSFER VENUE AND ORIGINAL ANSWER @ e HOGE & GAMEROS , L.L.P. ATTORNEYS & COUNSELORS 4311 Oaklawn Avenue, Suite 600 Dallas, Texas 75219 Phone 214-765-6000 CHARLES W. GAMEROS,JR, P.C. Fox 2142928556 Email: BGameros@legalTexas.com April 19, 2007 VIA CERTIFIED MAIL # 7003 1010 0005 0490 6181 RETURN RECEIPT REQUESTED Bernadette Lynch 333” District Clerk Harris County Civil Courthouse 201 Caroline, 14th Floor Houston, Texas 77002 Telephone: (713) 368-6470 Re: Frank’s Casing Crew & Rental Tools, Inc. v. Sundance Resources, Inc.; Cause No. 2007-14670; In the 333" Judicial District, Harris County, Texas. Dear Ms. Lynch: We have enclosed for filing an original and one copy of Defendant Sundance Resources, Inc.’s Motion to Transfer Venue and Original Answer. Please file the same with your court and return a file-stamped copy to us via the enclosed self-addressed stamped envelope. Thank you in advance for your courtesy and cooperation. Z- Ae Vehi yours, CWG:hdn Charles W. Gameros, Jr., P.C. Enclosures ce: Vis REGULAR MAIL Kevin T. Dossett CHAMBERLAIN, HRDLICKA, WHITE, WILLIAMS & MARTIN E 1200 Smith Street F I CHARLES BACARISS E 14" Floor District Clerk Houston, Texas 77002 Telephone: (713) 654-9670 APR 2.4 2007- Facsimile: (713) 356-1070 Harris County, Texas By Deputy