Preview
No. 17-10-12820
DANIEL COHEN, individually and as next IN THE DISTRICT COURT OF
friend for RENEE COHEN, ALBERT
COHEN, LAUREN COHEN, and MARTIN
COHEN, BETTIE COHEN, ZEPHYR OIL
& GAS FUNDING CO. LLC, ZEPHYR
ACQUISITION HOLDINGS LLC, COHEN
CAPITAL MANAGEMENT, LLC, and
COHEN ASSET MANAGEMENT LLC,
Plaintiffs MONTGOMERY COUNTY, TEXAS
CHICAGO BRIDGE & IRON COMPANY
N.V., PHILIP K. ASHERMAN, RONALD
A. BALLSCHMIEDE, and WESTLEY S.
STOCKTON,
Defendants 410TH JUDICIAL DISTRICT
FIRST AGREED MOTION FOR CONTINUANCE
This case has been on file for less than a year and the current trial setting is the first trial
setting entered by this Court. Plaintiffs Daniel Cohen, individually and as next friend for Renee
Cohen, Albert Cohen, Lauren Cohen, and Martin Cohen, Bettie Cohen, Zephyr Oil & Gas
Funding Co. LLC, Zephyr Acquisition Holdings LLC, Cohen Capital Management, LLC, and
Cohen Asset Management LLC (the “Plaintiffs”) and Defendants Chicago Bridge & Iron
Company N.V. (“CB&I”), Philip K. Asherman, Ronald A. Ballschmiede, and Westley S.
Stockton (the “Defendants”) (collectively, the “Parties”) file this First Agreed Motion for
Continuance (the “Motion”). Pursuant to Tex. R. Civ. P. 251, the Parties request that the Court
continue the current trial setting from November 5, 2018 to September 9, 2019 and enter an
Amended Docket Control Order consistent with the trial date extension. This continuance is
needed to permit the parties adequate time to conduct meaningful discovery. The Parties
respectfully show the Court as follows:
This is a securities case brought by Plaintiffs against CB&I and several of its offices. On
October 20, 2017, Plaintiffs filed their Original Petition in which they asserted claims for fraud,
negligent misrepresentation, and violation of the Texas Securities Act. On December 18, 2017,
Defendants filed their answer denying Plaintiffs’ claims.
Since that time, the Parties have been actively and diligently engaged in discovery.
Plaintiffs and Defendants have each served requests for disclosure and two sets of written
discovery seeking the production of documents and responses to interrogatories. To date, over
one million documents have been produced, and both parties are still engaged in the process of
serving and producing discovery. Further, given the volume of written discovery, no witnesses
have been deposed and, by agreement, the Parties have not yet designated experts.
The Parties, therefore, respectfully request that the Court reset continue the current trial
setting from November 2018 to September 9, 2019. The Parties further request that the Court
extend the remaining deadlines accordingly to accommodate the new trial schedule. A proposed
Amended Docket Control Order is attached hereto as Exhibit A.
There have been no previous continuances granted in this proceeding.
The Parties seek a continuance of the Court’s current trial setting not for delay, but so
that justice may be done.
WHEREFORE, the Parties respectfully request that the Court grant this motion and all
other just relief.
2
Respectfully submitted, Respectfully submitted,
BECK REDDEN LLP LOCKE LORD LLP
/s/ David J. Beck by perm DMW_ /s/ David E. Harrell, Jr. by perm DMW_
DAVID J. BECK DAVID HARRELL
State Bar No. 00000070 State Bar No. 00793905
dbeck@beckredden.com CHRIS VERDUCCI
DAVID W. JONES State Bar No. 24051470
State Bar No. 00790980 DEANNA M. WILLSON
djones@beckredden.com State Bar No. 24092759
1221 McKinney Street, Suite 4500 SARAH M. ROBBINS
Houston, Texas 77010 State Bar No. 24098328
(713) 951-3700 2800 JPMorgan Chase Tower
(713) 951-3720 600 Travis St.
Houston, Texas 77002
ATTORNEY FOR PLAINTIFFS (713) 226-1200 - Telephone
(713) 223-3717 – Facsimile
dharrell@lockelord.com
cverducci@lockelord.com
Deanna.willson@lockelord.com
sarah.robbins@lockelord.com
ATTORNEYS FOR DEFENDANTS
CERTIFICATE OF SERVICE
I certify that on September 27, 2018 a copy of the foregoing was served pursuant to
Texas Rules of Civil Procedure on the following counsel of record:
David J. Beck
dbeck@beckredden.com
David W. Jones
djones@beckredden.com
1221 McKinney Street, Suite 4500
Houston, Texas 77010
Ray A. Burgess
ray@hope-causey.com
815 W. Davis, #300
Conroe, Texas 77301
ATTORNEYS FOR PLAINTIFFS
/s/ Deanna Willson
Deanna Willson
3
EXHIBIT A
NO. 17-10-12820
DANIEL COHEN, individually and as next § IN THE DISTRICT COURT OF
friend for RENEE COHEN, ALBERT §
COHEN, LAUREN COHEN, and MARTIN §
COHEN, BETTIE COHEN, ZEPHYR OIL §
& GAS FUNDING CO. LLC, ZEPHYR §
ACQUISITION HOLDINGS LLC, COHEN §
CAPITAL MANAGEMENT, LLC, and §
COHEN ASSET MANAGEMENT LLC, §
§
Plaintiffs § MONTGOMERY COUNTY, TEXAS
vs. §
§
CHICAGO BRIDGE & IRON COMPANY §
N.V., PHILIP K. ASHERMAN, RONALD §
A. BALLSCHMIEDE, and WESTLEY S. §
STOCKTON, §
§
Defendants § 410TH JUDICIAL DISTRICT
AMENDED DOCKET CONTROL ORDER
The following docket control order shall apply to this case unless modified by the court.
If no date is given below, the date is governed by any prior Order of this Court and/or the Texas
Rules of Civil Procedure:
1. 180 DAYS BEFORE TRIAL JOINDER. All parties must be added and served, whether
by amendment or third-party practice, by this date.
2. 90 DAYS BEFORE TRIAL PLEADINGS. All amendments and supplements must be
filed by this date. This order does not preclude prompt
filings of pleadings directly responsive to any timely filed
pleadings.
EXPERT WITNESS DESIGNATION. A list shall be
filed that includes each expert’s name, address, telephone
number(s), and the subject of the testimony and opinions
that will be proffered by each expert.
3. 90 DAYS BEFORE TRIAL (a) Plaintiff(s).
4. 60 DAYS BEFORE TRIAL (b) All other parties.
Experts not listed in compliance with this paragraph will
not be permitted to testify absent a showing of good cause.
This designation is not a substitute for any required
discovery supplementation.
5. 45 DAYS BEFORE TRIAL DEPOSITION DEADLINE. All deposition notices must
be served by this date.
6. 45 DAYS BEFORE TRIAL SUMMARY JUDGMENT. All Motions for Summary
Judgment shall be filed by this date.
7. 30 DAYS BEFORE MEDIATION/ALTERNATIVE DISPUTE
DOCKETCALL/PRETRIAL RESOLUTION. By this date, mediation must be
completed. The named parties and their respective
attorneys shall be present during the entire mediation
process, and each corporate party must be represented by
an executive with full authority to negotiate a settlement.
8. AUGUST 30, 2019 DOCKET CALL/PRETRIAL CONFERENCE (9:00
a.m.). Attorney’s/Parties shall be prepared to discuss all
aspects of trial with the Court on this date. Parties shall
comply with the Trial Preparation Order.
NOTICE OF INTENT TO DISMISS ON DOCKET
CALL/PRE-TRIAL CONFERENCE DATE: THIS CASE
MAY BE DISMISSED FOR WANT OF PROSECUTION
ON OR AFTER THE DATE OF THE DOCKET
CALL/PRE-TRIAL CONFERENCE if by said date there is
no:
a. Service with citation;
b. Answer on properly executed Waiver on file; or
c. Mediation.
9. SEPTEMBER 9, 2019 JURY TRIAL – 9:00 a.m.
SIGNED this ______ day of __________________, 2018.
__________________________________________
JUDGE PRESIDING
Preview
No. 17-10-12820 DANIEL COHEN, individually and as next IN THE DISTRICT COURT OF friend for RENEE COHEN, ALBERT COHEN, LAUREN COHEN, and MARTIN COHEN, BETTIE COHEN, ZEPHYR OIL & GAS FUNDING CO. LLC, ZEPHYR ACQUISITION HOLDINGS LLC, COHEN CAPITAL MANAGEMENT, LLC, and COHEN ASSET MANAGEMENT LLC, Plaintiffs MONTGOMERY COUNTY, TEXAS CHICAGO BRIDGE & IRON COMPANY N.V., PHILIP K. ASHERMAN, RONALD A. BALLSCHMIEDE, and WESTLEY S. STOCKTON, Defendants 410TH JUDICIAL DISTRICT FIRST AGREED MOTION FOR CONTINUANCE This case has been on file for less than a year and the current trial setting is the first trial setting entered by this Court. Plaintiffs Daniel Cohen, individually and as next friend for Renee Cohen, Albert Cohen, Lauren Cohen, and Martin Cohen, Bettie Cohen, Zephyr Oil & Gas Funding Co. LLC, Zephyr Acquisition Holdings LLC, Cohen Capital Management, LLC, and Cohen Asset Management LLC (the “Plaintiffs”) and Defendants Chicago Bridge & Iron Company N.V. (“CB&I”), Philip K. Asherman, Ronald A. Ballschmiede, and Westley S. Stockton (the “Defendants”) (collectively, the “Parties”) file this First Agreed Motion for Continuance (the “Motion”). Pursuant to Tex. R. Civ. P. 251, the Parties request that the Court continue the current trial setting from November 5, 2018 to September 9, 2019 and enter an Amended Docket Control Order consistent with the trial date extension. This continuance is needed to permit the parties adequate time to conduct meaningful discovery. The Parties respectfully show the Court as follows: This is a securities case brought by Plaintiffs against CB&I and several of its offices. On October 20, 2017, Plaintiffs filed their Original Petition in which they asserted claims for fraud, negligent misrepresentation, and violation of the Texas Securities Act. On December 18, 2017, Defendants filed their answer denying Plaintiffs’ claims. Since that time, the Parties have been actively and diligently engaged in discovery. Plaintiffs and Defendants have each served requests for disclosure and two sets of written discovery seeking the production of documents and responses to interrogatories. To date, over one million documents have been produced, and both parties are still engaged in the process of serving and producing discovery. Further, given the volume of written discovery, no witnesses have been deposed and, by agreement, the Parties have not yet designated experts. The Parties, therefore, respectfully request that the Court reset continue the current trial setting from November 2018 to September 9, 2019. The Parties further request that the Court extend the remaining deadlines accordingly to accommodate the new trial schedule. A proposed Amended Docket Control Order is attached hereto as Exhibit A. There have been no previous continuances granted in this proceeding. The Parties seek a continuance of the Court’s current trial setting not for delay, but so that justice may be done. WHEREFORE, the Parties respectfully request that the Court grant this motion and all other just relief. 2 Respectfully submitted, Respectfully submitted, BECK REDDEN LLP LOCKE LORD LLP /s/ David J. Beck by perm DMW_ /s/ David E. Harrell, Jr. by perm DMW_ DAVID J. BECK DAVID HARRELL State Bar No. 00000070 State Bar No. 00793905 dbeck@beckredden.com CHRIS VERDUCCI DAVID W. JONES State Bar No. 24051470 State Bar No. 00790980 DEANNA M. WILLSON djones@beckredden.com State Bar No. 24092759 1221 McKinney Street, Suite 4500 SARAH M. ROBBINS Houston, Texas 77010 State Bar No. 24098328 (713) 951-3700 2800 JPMorgan Chase Tower (713) 951-3720 600 Travis St. Houston, Texas 77002 ATTORNEY FOR PLAINTIFFS (713) 226-1200 - Telephone (713) 223-3717 – Facsimile dharrell@lockelord.com cverducci@lockelord.com Deanna.willson@lockelord.com sarah.robbins@lockelord.com ATTORNEYS FOR DEFENDANTS CERTIFICATE OF SERVICE I certify that on September 27, 2018 a copy of the foregoing was served pursuant to Texas Rules of Civil Procedure on the following counsel of record: David J. Beck dbeck@beckredden.com David W. Jones djones@beckredden.com 1221 McKinney Street, Suite 4500 Houston, Texas 77010 Ray A. Burgess ray@hope-causey.com 815 W. Davis, #300 Conroe, Texas 77301 ATTORNEYS FOR PLAINTIFFS /s/ Deanna Willson Deanna Willson 3 EXHIBIT A NO. 17-10-12820 DANIEL COHEN, individually and as next § IN THE DISTRICT COURT OF friend for RENEE COHEN, ALBERT § COHEN, LAUREN COHEN, and MARTIN § COHEN, BETTIE COHEN, ZEPHYR OIL § & GAS FUNDING CO. LLC, ZEPHYR § ACQUISITION HOLDINGS LLC, COHEN § CAPITAL MANAGEMENT, LLC, and § COHEN ASSET MANAGEMENT LLC, § § Plaintiffs § MONTGOMERY COUNTY, TEXAS vs. § § CHICAGO BRIDGE & IRON COMPANY § N.V., PHILIP K. ASHERMAN, RONALD § A. BALLSCHMIEDE, and WESTLEY S. § STOCKTON, § § Defendants § 410TH JUDICIAL DISTRICT AMENDED DOCKET CONTROL ORDER The following docket control order shall apply to this case unless modified by the court. If no date is given below, the date is governed by any prior Order of this Court and/or the Texas Rules of Civil Procedure: 1. 180 DAYS BEFORE TRIAL JOINDER. All parties must be added and served, whether by amendment or third-party practice, by this date. 2. 90 DAYS BEFORE TRIAL PLEADINGS. All amendments and supplements must be filed by this date. This order does not preclude prompt filings of pleadings directly responsive to any timely filed pleadings. EXPERT WITNESS DESIGNATION. A list shall be filed that includes each expert’s name, address, telephone number(s), and the subject of the testimony and opinions that will be proffered by each expert. 3. 90 DAYS BEFORE TRIAL (a) Plaintiff(s). 4. 60 DAYS BEFORE TRIAL (b) All other parties. Experts not listed in compliance with this paragraph will not be permitted to testify absent a showing of good cause. This designation is not a substitute for any required discovery supplementation. 5. 45 DAYS BEFORE TRIAL DEPOSITION DEADLINE. All deposition notices must be served by this date. 6. 45 DAYS BEFORE TRIAL SUMMARY JUDGMENT. All Motions for Summary Judgment shall be filed by this date. 7. 30 DAYS BEFORE MEDIATION/ALTERNATIVE DISPUTE DOCKETCALL/PRETRIAL RESOLUTION. By this date, mediation must be completed. The named parties and their respective attorneys shall be present during the entire mediation process, and each corporate party must be represented by an executive with full authority to negotiate a settlement. 8. AUGUST 30, 2019 DOCKET CALL/PRETRIAL CONFERENCE (9:00 a.m.). Attorney’s/Parties shall be prepared to discuss all aspects of trial with the Court on this date. Parties shall comply with the Trial Preparation Order. NOTICE OF INTENT TO DISMISS ON DOCKET CALL/PRE-TRIAL CONFERENCE DATE: THIS CASE MAY BE DISMISSED FOR WANT OF PROSECUTION ON OR AFTER THE DATE OF THE DOCKET CALL/PRE-TRIAL CONFERENCE if by said date there is no: a. Service with citation; b. Answer on properly executed Waiver on file; or c. Mediation. 9. SEPTEMBER 9, 2019 JURY TRIAL – 9:00 a.m. SIGNED this ______ day of __________________, 2018. __________________________________________ JUDGE PRESIDING