On June 21, 2017 a
Motion,Ex Parte
was filed
involving a dispute between
Battleground Oil Specialty Terminal Company Llc,
Eagle Ship Supply Inc,
Johnson, Vandaven,
and
American River Transportation Co Llc,
American River Transportation Co., Llc,
Atlantic Richfield Company,
Battleground Oil Specialty Terminal Company Llc,
Boone Towing Inc,
Eagle Ship Supply,
Kinder Morgan Battleground Oil Llc,
Kinder Morgan Inc,
Werner Co,
Industrial Products Limited Llc,
for PERSONAL INJ (NON-AUTO)
in the District Court of Harris County.
Preview
CAUSE NO. 41522
VANDAVEN JOHNSON IN THE DISTRICT COURT OF
Plaintiff,
BATTLEGROUND OIL SPECIALTY HARRIS COUNTY, T E X A S
TERMINAL COMPANY, LLC; KINDER
MORGAN BATTLEGROUND OIL, LLC;
KINDER MORGAN, INC.; BOONE
TOWING, INC.; and ATLANTIC
RICHFIELD COMPANY
Defendant JUDICIAL DISTRICT
DEFENDANT’S MOTION FOR CONTINUANCE
NOW COMES Defendant Battleground Oil Specialty Terminal Company, LLC
(“Defendant”) to file this, Motion for Continuance. In support hereof, Defendant would show
as follows:
Trial in this matter is currently set for September 3, 2019. Defendant request that
this matter be re set to a trial date in 2020 in order to complete fact and expert witness
depositions discovery and mediation with all parties All Defendants are unopposed to this
continuance. Plaintiff is opposed.
Furthermore, Defendant understands that the Court is not reaching trial settings
other than those cases filed in 2015 and 2016 and that it is unlikely this ase will be reached due
to its current position on the trial docket. Additionally, Defendant Boone Towing’s Motion for
mmary Judgment was recently set for hearing on September 6, 2019, several days into the
current trial setting.
3. Thus, in order for all parties to effectively prepare for trial, Defendant requests
that this matter be continued. This Motion for Continuance is not filed for purposes of delay or
inconvenience, but so that justice may be done.
PRAYER
For the reasons stated above, Defendant Battleground Oil Specialty Terminal Company,
LLC respectfully moves the Court for a continuance of the September 3, 2019 trial setting and
issue a new Docket Control Order with a trial date in 2020. Defendant further requests such other
and further relief to which it is justly entitled.
GALLOWAY, JOHNSON, TOMPKINS
BURR & SMITH
/s/ Thomas J. Smith
Thomas J. Smith
State Bar No. 00788934
tsmith@gallowaylawfirm.com
McKenzie L. Brown
State Bar No. 24086846
mbrown@gallowaylawfirm.com
1301 McKinney, Suite 1400
Houston, Texas 77010
Phone: (713) 599-0700
Fax: (713) 599-0777
ATTORNEYS FOR DEFENDANT,
BATTLEGROUND OIL SPECIALTY
TERMINAL COMPANY, LLC
CERTIFICATE OF CONFERENCE
I hereby certify that I have conferred with all counsel of record. Plaintiff is opposed and
all Defendants are unopposed to the continuance.
/s/ Thomas J. Smith
Thomas J. Smith
2
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document has been served
by and through the Court approved electronic filing manager via email to participating parties
and/or via hand delivery, and/or facsimile and/or certified mail, return receipt requested and/or
U.S. First Class Mail to all known counsel of record on this 20th day of August, 2019, as
follows:
Jason A. Itkin Frank A. Piccolo
Cory D. Itkin Kevin T. Dossett
Ryan S. MacLeod CHAFFE MCCALL, LLP
Bradford Hendrickson 801 Travis Street, Suite 1910
ARNOLD & ITKIN, LLP Houston, TX 77002
6009 Memorial Drive Counsel for Defendant, Boone Towing, Inc.
Houston, Texas 77007
Counsel for Plaintiff Don Swaim
D. Todd Parrish
David M. Flotte CUNNINGHAM SWAIM, LLP
Marcelle P. Mouledoux 7557 Rambler Road, Suite 400
Salley, Hite, Mercer & Resor, LLC Dallas, Texas 75231
365 Canal Street, Suite 1710 Attorneys for Defendant
New Orleans, LA 70130 Werner Co.
Counsel for Defendant, American
River Transportation Co., LLC Steven E. Psarellis
STEVEN E. PSARELLIS, APLC.
Wade R. Quinn 365 Canal Street, Suite 1660
Ramey, Chandler, Quinn & Zito, PC New Orleans, Louisiana 70130
750 Bering Drive, Suite 600 Attorney for Eagle Ship Supply, Inc.
Houston, TX 77057
Counsel for Defendant, American John T. Kovach
River Transportation Co., LLC ROSEN & KOVACH, PLLC
214 Morton Street
Richmond, Texas 77469
Attorney for Eagle Ship Supply, Inc.
/s/ Thomas J. Smith
Thomas J. Smith
3
Preview
CAUSE NO. 41522 VANDAVEN JOHNSON IN THE DISTRICT COURT OF Plaintiff, BATTLEGROUND OIL SPECIALTY HARRIS COUNTY, T E X A S TERMINAL COMPANY, LLC; KINDER MORGAN BATTLEGROUND OIL, LLC; KINDER MORGAN, INC.; BOONE TOWING, INC.; and ATLANTIC RICHFIELD COMPANY Defendant JUDICIAL DISTRICT DEFENDANT’S MOTION FOR CONTINUANCE NOW COMES Defendant Battleground Oil Specialty Terminal Company, LLC (“Defendant”) to file this, Motion for Continuance. In support hereof, Defendant would show as follows: Trial in this matter is currently set for September 3, 2019. Defendant request that this matter be re set to a trial date in 2020 in order to complete fact and expert witness depositions discovery and mediation with all parties All Defendants are unopposed to this continuance. Plaintiff is opposed. Furthermore, Defendant understands that the Court is not reaching trial settings other than those cases filed in 2015 and 2016 and that it is unlikely this ase will be reached due to its current position on the trial docket. Additionally, Defendant Boone Towing’s Motion for mmary Judgment was recently set for hearing on September 6, 2019, several days into the current trial setting. 3. Thus, in order for all parties to effectively prepare for trial, Defendant requests that this matter be continued. This Motion for Continuance is not filed for purposes of delay or inconvenience, but so that justice may be done. PRAYER For the reasons stated above, Defendant Battleground Oil Specialty Terminal Company, LLC respectfully moves the Court for a continuance of the September 3, 2019 trial setting and issue a new Docket Control Order with a trial date in 2020. Defendant further requests such other and further relief to which it is justly entitled. GALLOWAY, JOHNSON, TOMPKINS BURR & SMITH /s/ Thomas J. Smith Thomas J. Smith State Bar No. 00788934 tsmith@gallowaylawfirm.com McKenzie L. Brown State Bar No. 24086846 mbrown@gallowaylawfirm.com 1301 McKinney, Suite 1400 Houston, Texas 77010 Phone: (713) 599-0700 Fax: (713) 599-0777 ATTORNEYS FOR DEFENDANT, BATTLEGROUND OIL SPECIALTY TERMINAL COMPANY, LLC CERTIFICATE OF CONFERENCE I hereby certify that I have conferred with all counsel of record. Plaintiff is opposed and all Defendants are unopposed to the continuance. /s/ Thomas J. Smith Thomas J. Smith 2 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document has been served by and through the Court approved electronic filing manager via email to participating parties and/or via hand delivery, and/or facsimile and/or certified mail, return receipt requested and/or U.S. First Class Mail to all known counsel of record on this 20th day of August, 2019, as follows: Jason A. Itkin Frank A. Piccolo Cory D. Itkin Kevin T. Dossett Ryan S. MacLeod CHAFFE MCCALL, LLP Bradford Hendrickson 801 Travis Street, Suite 1910 ARNOLD & ITKIN, LLP Houston, TX 77002 6009 Memorial Drive Counsel for Defendant, Boone Towing, Inc. Houston, Texas 77007 Counsel for Plaintiff Don Swaim D. Todd Parrish David M. Flotte CUNNINGHAM SWAIM, LLP Marcelle P. Mouledoux 7557 Rambler Road, Suite 400 Salley, Hite, Mercer & Resor, LLC Dallas, Texas 75231 365 Canal Street, Suite 1710 Attorneys for Defendant New Orleans, LA 70130 Werner Co. Counsel for Defendant, American River Transportation Co., LLC Steven E. Psarellis STEVEN E. PSARELLIS, APLC. Wade R. Quinn 365 Canal Street, Suite 1660 Ramey, Chandler, Quinn & Zito, PC New Orleans, Louisiana 70130 750 Bering Drive, Suite 600 Attorney for Eagle Ship Supply, Inc. Houston, TX 77057 Counsel for Defendant, American John T. Kovach River Transportation Co., LLC ROSEN & KOVACH, PLLC 214 Morton Street Richmond, Texas 77469 Attorney for Eagle Ship Supply, Inc. /s/ Thomas J. Smith Thomas J. Smith 3