On July 20, 2017 a
Motion-Secondary
was filed
involving a dispute between
Ace Property & Casualty Insurance Company,
Total Petrochemicals & Refining Usa Inc,
and
Kinder Morgan Petcoke Gp Llc,
Kinder Morgan Petcoke Lp,
for Insurance
in the District Court of Harris County.
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CAUSE NO. 2017-48075
TOTAL PETROCHEMICALS & IN THE DISTRICT COURT
REFINING USA, INC., and
ACE PROPERTY & CASUALTY
INSURANCE COMPANY,
HARRIS COUNTY
KINDER MORGAN PETCOKE, LP
AND KINDER MORGAN
PETCOKE GP LLC 164th DISTRICT COURT
PLAINTIFFS’ MOTION TO STRIKE KINDER MORGAN’S BRIEF
REGARDING INTERPRETATION OF PRIOR COURT ORDERS
Plaintiffs TOTAL Petrochemicals & Refining USA, Inc. (“TOTAL”) and Ace Property &
Casualty Insurance Company (“CHUBB”) file this response to Defendants Kinder Morgan
Petcoke, LP and Kinder Morgan Petcoke GP, LLC’s (collectively “Kinder Morgan”) Brief
Regarding Interpretation of Prior Court Orders, and in support show as follows:
A hearing on the parties’ respective motions for summary judgment on damages
was held on May 4, 2020. At the conclusion of the hearing, counsel for TOTAL inquired
whether the Court wanted supplemental briefing with regard to interpretation of Judge Gomez’s
prior order granting Plaintiffs’ Motions for Summary Judgment on liability. The Court
specifically declined, and Kinder Morgan now files its Brief in blatant disregard for the Court’s
instructions.
There is no basis for this Court to amend, alter or reverse Judge Gomez's prior
order given that Kinder Morgan has never filed a motion for reconsideration, and this Court
should not do so sua sponte. The Court’s prior order should be taken at face value. Simply put,
the Court found Kinder Morgan liable to TOTAL and CHUBB (via subrogation) for breach(es)
4812-8402-3996.1
of contract and all that remains to be considered is the amount of damages owed by Kinder
Morgan.
3. Kinder Morgan’s Briefing Regarding Interpretation of Prior Court Orders is a
pleading filed in specific contravention of the Court’s instructions and appellate procedure.
Plaintiffs respectfully request that the pleading be struck and not considered in conjunction with
the pending motions for summary judgment on damages.
Respectfully submitted,
LEWIS BRISBOIS BISGAARD & SMITH, LLP
/s/ Sarah R. Smith
SARAH R. SMITH
Texas Bar #24056346
Sarah.Smith@lewisbrisbois.com
24 East Greenway Plaza, Suite 1400
Houston, Texas 77046
(713) 659-6767
(713) 759-6830 Facsimile
ATTORNEYS FOR ACE PROPERTY &
CASUALTY INSURANCE COMPANY
CLARK HILL STRASBURGER
By: /s/ Jack G. Carnegie______________
Jack G. Carnegie
State Bar No. 03826100
Jack.carnegie@strasburger.com
909 Fannin, Suite 2300
Houston, Texas 77010
(713) 951-5632 - Telephone
(713) 951-5660 – Facsimile
ATTORNEYS FOR TOTAL
PETROCHEMICALS & REFINING USA, INC.
4812-8402-3996.1
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above pleading has been forwarded
pursuant to the Texas Rules of Civil Procedure on this 12th day of May, 2020.
James M. Bettis Via E-Service
D. Mitchell McFarland
Justin K. Ratley
Munsch Hardt Kofp & Harr, P.C.
700 Milam St., Suite 2700
Houston, Texas 77002-2806
Attorneys for Kinder Morgan
Petcoke, LP and Kinder Morgan
Petcoke, LLC
/s/ Sarah R. Smith
Sarah R. Smith
4812-8402-3996.1
Document Filed Date
May 12, 2020
Case Filing Date
July 20, 2017
Status
Case On Appeal - Civil
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CAUSE NO. 2017-48075 TOTAL PETROCHEMICALS & IN THE DISTRICT COURT REFINING USA, INC., and ACE PROPERTY & CASUALTY INSURANCE COMPANY, HARRIS COUNTY KINDER MORGAN PETCOKE, LP AND KINDER MORGAN PETCOKE GP LLC 164th DISTRICT COURT PLAINTIFFS’ MOTION TO STRIKE KINDER MORGAN’S BRIEF REGARDING INTERPRETATION OF PRIOR COURT ORDERS Plaintiffs TOTAL Petrochemicals & Refining USA, Inc. (“TOTAL”) and Ace Property & Casualty Insurance Company (“CHUBB”) file this response to Defendants Kinder Morgan Petcoke, LP and Kinder Morgan Petcoke GP, LLC’s (collectively “Kinder Morgan”) Brief Regarding Interpretation of Prior Court Orders, and in support show as follows: A hearing on the parties’ respective motions for summary judgment on damages was held on May 4, 2020. At the conclusion of the hearing, counsel for TOTAL inquired whether the Court wanted supplemental briefing with regard to interpretation of Judge Gomez’s prior order granting Plaintiffs’ Motions for Summary Judgment on liability. The Court specifically declined, and Kinder Morgan now files its Brief in blatant disregard for the Court’s instructions. There is no basis for this Court to amend, alter or reverse Judge Gomez's prior order given that Kinder Morgan has never filed a motion for reconsideration, and this Court should not do so sua sponte. The Court’s prior order should be taken at face value. Simply put, the Court found Kinder Morgan liable to TOTAL and CHUBB (via subrogation) for breach(es) 4812-8402-3996.1 of contract and all that remains to be considered is the amount of damages owed by Kinder Morgan. 3. Kinder Morgan’s Briefing Regarding Interpretation of Prior Court Orders is a pleading filed in specific contravention of the Court’s instructions and appellate procedure. Plaintiffs respectfully request that the pleading be struck and not considered in conjunction with the pending motions for summary judgment on damages. Respectfully submitted, LEWIS BRISBOIS BISGAARD & SMITH, LLP /s/ Sarah R. Smith SARAH R. SMITH Texas Bar #24056346 Sarah.Smith@lewisbrisbois.com 24 East Greenway Plaza, Suite 1400 Houston, Texas 77046 (713) 659-6767 (713) 759-6830 Facsimile ATTORNEYS FOR ACE PROPERTY & CASUALTY INSURANCE COMPANY CLARK HILL STRASBURGER By: /s/ Jack G. Carnegie______________ Jack G. Carnegie State Bar No. 03826100 Jack.carnegie@strasburger.com 909 Fannin, Suite 2300 Houston, Texas 77010 (713) 951-5632 - Telephone (713) 951-5660 – Facsimile ATTORNEYS FOR TOTAL PETROCHEMICALS & REFINING USA, INC. 4812-8402-3996.1 CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the above pleading has been forwarded pursuant to the Texas Rules of Civil Procedure on this 12th day of May, 2020. James M. Bettis Via E-Service D. Mitchell McFarland Justin K. Ratley Munsch Hardt Kofp & Harr, P.C. 700 Milam St., Suite 2700 Houston, Texas 77002-2806 Attorneys for Kinder Morgan Petcoke, LP and Kinder Morgan Petcoke, LLC /s/ Sarah R. Smith Sarah R. Smith 4812-8402-3996.1