On July 21, 2016 a
Motion,Ex Parte
was filed
involving a dispute between
Allison Offshore Services Ii Llc,
Jab Energy Solutions Ii Llc,
Offshore Domestic Group, Llc,
and
Alliance Energy Services, Llc,
Fairways Offshore Exploration Inc,
Offshore Domestic Group Llc,
Offshore Specialty Fabricators Inc,
Allison Offshore Services Ii Llc,
Jab Energy Solutions Ii Llc,
for Debt/Contract - Debt/Contract
in the District Court of Harris County.
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CAUSE NO. 2016 48155
JAB ENERGY SOLUTIONS II, LLC and IN THE DISTRICT COURT
ALLISON OFFSHORE SERVICES II, LLC
Plaintiffs
VS.
OF HARRIS COUNTY, TEXAS
OFFSHORE SPECIALTY FABRICATORS, INC.
and
FAIRWAYS OFFSHORE EXPLORATION, INC. 151 JUDICIAL DISTRICT
Defendants
JAB ENERGY SOLUTIONS II, LLC’S RESPONSE TO INTERVENOR’S
VERIFIED MOTION TO RETAIN
NOW COMES JAB Energy Solutions LLC (“JAB”) files this Response to
Intervenor Verified Motion to Retain, and states as follows:
Offshore Specialty Fabricators, LLC (“OSF”) and efendant Fairways
Offshore Exploration, Inc. (“Fairways”) are (or were) owned and controlled by the
same person, William Kallop. Plaintiffs performed substantial work for Fairways and
were not paid. Plaintiff JAB rented a vessel from OSF and obtained the agreement from
the common owner of Fairways to set off the two debts, which were very close in
amount. Subsequently, a new executive at OSF decided not to honor that setoff
agreement and also decided to terminate JAB’s contract because OSF wanted to
become a competitor of JAB.
This Court previously issued a notice of DWOP in 2017. The relevant
timeline is as follows:
July 21, 2016 - Suit filed.
August 22, 2016 Fairways answers and OSF’s counterclaims.
October 12, 2016 DCO setting trial for November 6, 2017.
October 1, 2017 OSF files for bankruptcy.
October 20, 2017 Court issues first DWOP notice.
December 27, 2017 Court grants OSF’s motion to retain stating “The
parties are hereby ORDERED to keep the Court informed promptly of
material developments in the bankruptcy ourt.”
October 28, 2018 OSF’s bankruptcy plan confirmed.
December 5, 2018 Assignment from OSF to ODG executed.
June 19, 2020 Court issues second DWOP notice.
OSF did not keep the Court informed about any developments in the bankruptcy ourt.
Neither OSF nor Movant, Offshore Domestic Group, LLC (“ODG”)
took any action in this case until filing the instant motion to retain, more than one and
a half years after the assignment of the claim to ODG. No explanation has been offered
for this.
The Court should proceed with DWOP. JAB is severely prejudiced by the
lapse of time, the delay in discovery, the potential for diminished memory of witnesses,
and the attempt by ODG to separate itself from Fairways in order to try to distance
itself from the setoff agreement.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that this case be
dismissed for want of prosecution. In the alternative, if the Court determines to retain
the case on its docket, then the entire case should be retained, not just the OSF/ODG
counterclaim
Respectfully submitted,
NOW PENCE REEN
By: /s/ Ross Spence
Ross Spence
State Bar No. 18918400
Email: ross@snowspencelaw.com
Carolyn Carollo
State Bar No. 24083437
Email: carolyncarollo@snowspencelaw.com
2929 Allen Parkway, Suite 2800
Houston, TX 77019
Telephone: (713) 335 4800
Telecopier: (713) 335 4848
Attorneys for JAB Energy Solutions, LLC
and Allison Offshore Services II, LLC
CERTIFICATE OF SERVICE
I certify that on the 12th day of August 2020, I used the Court’s electronic case filing
system to file Plaintiffs’ Response to Intervenor’s Verified Motion to Retain, and serve this
document on counsel as follows:
C. Larry Carbo, III
Jarrod B. Martin
HAMBERLAIN RDLICKA HITE ILLIAMS UGHTRY
1200 Smith, Suite 1400
Houston, TX 77002
Via Email: larry.carbo@chamberlainlaw.com
Via Email: jarrod.martin@chamberlainlaw.com
Attorneys for Fairways Offshore Exploration, Inc.
Chris M. Knudsen
ERPE ONES NDREWS ALLENDER ELL PLLC
America Tower
2929 Allen Parkway, Suite 1600
Houston, TX 77019
Via Email: cknudsen@serpejones.com
Attorney for Offshore Specialty Fabricators, LLC
/s/ Ross Spence
Ross Spence
ClientJABE0002 OSF, Fairways
Pleadings
Response to Motion to Retain.docx
Preview
CAUSE NO. 2016 48155 JAB ENERGY SOLUTIONS II, LLC and IN THE DISTRICT COURT ALLISON OFFSHORE SERVICES II, LLC Plaintiffs VS. OF HARRIS COUNTY, TEXAS OFFSHORE SPECIALTY FABRICATORS, INC. and FAIRWAYS OFFSHORE EXPLORATION, INC. 151 JUDICIAL DISTRICT Defendants JAB ENERGY SOLUTIONS II, LLC’S RESPONSE TO INTERVENOR’S VERIFIED MOTION TO RETAIN NOW COMES JAB Energy Solutions LLC (“JAB”) files this Response to Intervenor Verified Motion to Retain, and states as follows: Offshore Specialty Fabricators, LLC (“OSF”) and efendant Fairways Offshore Exploration, Inc. (“Fairways”) are (or were) owned and controlled by the same person, William Kallop. Plaintiffs performed substantial work for Fairways and were not paid. Plaintiff JAB rented a vessel from OSF and obtained the agreement from the common owner of Fairways to set off the two debts, which were very close in amount. Subsequently, a new executive at OSF decided not to honor that setoff agreement and also decided to terminate JAB’s contract because OSF wanted to become a competitor of JAB. This Court previously issued a notice of DWOP in 2017. The relevant timeline is as follows: July 21, 2016 - Suit filed. August 22, 2016 Fairways answers and OSF’s counterclaims. October 12, 2016 DCO setting trial for November 6, 2017. October 1, 2017 OSF files for bankruptcy. October 20, 2017 Court issues first DWOP notice. December 27, 2017 Court grants OSF’s motion to retain stating “The parties are hereby ORDERED to keep the Court informed promptly of material developments in the bankruptcy ourt.” October 28, 2018 OSF’s bankruptcy plan confirmed. December 5, 2018 Assignment from OSF to ODG executed. June 19, 2020 Court issues second DWOP notice. OSF did not keep the Court informed about any developments in the bankruptcy ourt. Neither OSF nor Movant, Offshore Domestic Group, LLC (“ODG”) took any action in this case until filing the instant motion to retain, more than one and a half years after the assignment of the claim to ODG. No explanation has been offered for this. The Court should proceed with DWOP. JAB is severely prejudiced by the lapse of time, the delay in discovery, the potential for diminished memory of witnesses, and the attempt by ODG to separate itself from Fairways in order to try to distance itself from the setoff agreement. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that this case be dismissed for want of prosecution. In the alternative, if the Court determines to retain the case on its docket, then the entire case should be retained, not just the OSF/ODG counterclaim Respectfully submitted, NOW PENCE REEN By: /s/ Ross Spence Ross Spence State Bar No. 18918400 Email: ross@snowspencelaw.com Carolyn Carollo State Bar No. 24083437 Email: carolyncarollo@snowspencelaw.com 2929 Allen Parkway, Suite 2800 Houston, TX 77019 Telephone: (713) 335 4800 Telecopier: (713) 335 4848 Attorneys for JAB Energy Solutions, LLC and Allison Offshore Services II, LLC CERTIFICATE OF SERVICE I certify that on the 12th day of August 2020, I used the Court’s electronic case filing system to file Plaintiffs’ Response to Intervenor’s Verified Motion to Retain, and serve this document on counsel as follows: C. Larry Carbo, III Jarrod B. Martin HAMBERLAIN RDLICKA HITE ILLIAMS UGHTRY 1200 Smith, Suite 1400 Houston, TX 77002 Via Email: larry.carbo@chamberlainlaw.com Via Email: jarrod.martin@chamberlainlaw.com Attorneys for Fairways Offshore Exploration, Inc. Chris M. Knudsen ERPE ONES NDREWS ALLENDER ELL PLLC America Tower 2929 Allen Parkway, Suite 1600 Houston, TX 77019 Via Email: cknudsen@serpejones.com Attorney for Offshore Specialty Fabricators, LLC /s/ Ross Spence Ross Spence ClientJABE0002 OSF, Fairways Pleadings Response to Motion to Retain.docx