On June 21, 2017 a
Motion-Secondary
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.
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CAUSE NO. 2017-41522
Vandaven Johnson § IN THE DISTRICT COURT OF
Plaintiff, §
§
v. § HARRIS COUNTY, TEXAS
§
Battleground Oil Specialty Terminal Company, §
LLC; Kinder Morgan Battleground Oil, LLC §
Kinder Morgan, Inc.; Boone Towing, Inc., and §
Atlantic Richfield Company §
Defendants. § 295TH JUDICIAL DISTRICT
ORDER ON DEFENDANT BOONE TOWING, INC.’S OBJECTIONS TO PLAINTIFF’S
SUMMARY JUDGMENT EVIDENCE AND MOTION TO STRIKE
THIS CAUSE having come before the Court upon Defendant, Boone Towing, Inc.’s
(“Boone Towing”), Objections to Plaintiff’s Summary Judgment Evidence and Motion to Strike,
and the Court having reviewed the same, the responses if any, and being otherwise fully advised
the in premises, rules as follows:
A. Handwritten Statement of Michael Ulrich
The entirety of the handwritten statement of Michael Ulrich attached to Plaintiff’s
Summary Judgment Response as Exhibit A is not competent summary judgment evidence and is
stricken in its entirety.
______ SUSTAINED ________ OVERRULED
B. Petro-Chem Services Incident Report
The “incident report” attached to Plaintiff’s Summary Judgment Response as Exhibit D
is not competent summary judgment evidence and similarly is stricken in its entirety.
______ SUSTAINED ________ OVERRULED
Signed this ___ day of November, 2018.
___________________________________
HONORABLE CAROLINE E. BAKER
Judge Presiding
Document Filed Date
November 09, 2018
Case Filing Date
June 21, 2017
Category
PERSONAL INJ (NON-AUTO)
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CAUSE NO. 2017-41522 Vandaven Johnson § IN THE DISTRICT COURT OF Plaintiff, § § v. § HARRIS COUNTY, TEXAS § Battleground Oil Specialty Terminal Company, § LLC; Kinder Morgan Battleground Oil, LLC § Kinder Morgan, Inc.; Boone Towing, Inc., and § Atlantic Richfield Company § Defendants. § 295TH JUDICIAL DISTRICT ORDER ON DEFENDANT BOONE TOWING, INC.’S OBJECTIONS TO PLAINTIFF’S SUMMARY JUDGMENT EVIDENCE AND MOTION TO STRIKE THIS CAUSE having come before the Court upon Defendant, Boone Towing, Inc.’s (“Boone Towing”), Objections to Plaintiff’s Summary Judgment Evidence and Motion to Strike, and the Court having reviewed the same, the responses if any, and being otherwise fully advised the in premises, rules as follows: A. Handwritten Statement of Michael Ulrich The entirety of the handwritten statement of Michael Ulrich attached to Plaintiff’s Summary Judgment Response as Exhibit A is not competent summary judgment evidence and is stricken in its entirety. ______ SUSTAINED ________ OVERRULED B. Petro-Chem Services Incident Report The “incident report” attached to Plaintiff’s Summary Judgment Response as Exhibit D is not competent summary judgment evidence and similarly is stricken in its entirety. ______ SUSTAINED ________ OVERRULED Signed this ___ day of November, 2018. ___________________________________ HONORABLE CAROLINE E. BAKER Judge Presiding