Motion-Secondary: TOTAL PETROCHEMICALS & REFINING USA INC vs. KINDER MORGAN PETCOKE LP

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                                CAUSE NO. 2017-48075

                   TOTAL PETROCHEMICALS &                                               IN THE DISTRICT COURT OF
                   REFINING USA, INC., and
                   ACE PROPERTY & CASUALTY
                   INSURANCE COMPANY,

                                                                                                 HARRIS COUNTY

                   KINDER MORGAN PETCOKE, LP
                   AND KINDER MORGAN PETCOKE
                   GP LLC                                                                   129th    DISTRICT COURT


                                             MODIFIED FINAL SUMMARY JUDGMENT

                           On    the   ___   day    of  ________      2020,    came     on   to  be   heard    Plaintiffs’   TOTAL

                  Petrochemicals and Refining U.S.A., Inc.’s and Ace Property & Casualty Insurance Company’s

                  Motion    to  Modify     Correct   or  Reform     Final   Summary      Judgment     against   defendants     Kinder

                  Morgan Petcoke LP and its general partner, Kinder Morgan Petcoke GP LLC.                       The Court, having

                  considered    and   granted   Plaintiffs’  previously    filed Motions     for Partial  Summary      Judgment     on

                  Liability, and having considered the present motion, response, replies and arguments of counsel

                  as well as Defendants’ Motion for Partial Summary Judgment as to Damages hereby:

                           DENIES Defendants’ Motion for Partial Summary Judgment as to Damages, and

                           GRANTS        TOTAL      Petrochemicals      and   Refining    U.S.A.,   Inc.’s   and  Ace    Property    &

                  Casualty Insurance Company’s Motion for Final Summary Judgment.

                           It is therefore ORDERED, ADJUDGED and DECREED that:

                           TOTAL      Petrochemicals     and   Refining    U.S.A.,   Inc. shall  have   and   recover   from   Kinder

                  Morgan     Petcoke    LP  and   Kinder    Morgan    Petcoke    GP   LLC    actual   damages     in the  amount    of

                  $5,000,000.00     plus   prejudgment     interest  in the  amount    of  ___________,      calculated    at 5%   per

                  annum from August 3, 2016, to the date of this Judgment;




                  MODIFIED FINAL SUMMARY JUDGMENT – Page 1
                           Ace   Property    &   Casualty     Insurance    Company      shall  have    and   recover   from    Kinder

                  Morgan     Petcoke    LP  and   Kinder    Morgan    Petcoke    GP   LLC    actual   damages     in the  amount    of

                  $4,000,000.00     plus   prejudgment     interest  in the  amount    of  ___________,      calculated    at 5%   per

                  annum from August 3, 2016, to the date of this Judgment;

                           TOTAL      Petrochemicals      and   Refining    U.S.A.,   Inc.  shall  also   have   and   recover   from

                  Kinder Morgan Petcoke LP and Kinder Morgan Petcoke GP LLC post-judgment interest on the

                  sum    of  actual   damages     and   prejudgment      interest  awarded     to  TOTAL       Petrochemicals      and

                  Refining U.S.A., Inc. above, calculated at 5% per annum compounded annually from the date of

                  this Judgment     until  this Judgment     in  favor  of  TOTAL      Petrochemicals     and   Refining    U.S.A.   is

                  paid;

                           Ace   Property    &   Casualty     Insurance    Company      shall  have    and   recover   from    Kinder

                  Morgan Petcoke LP and Kinder Morgan Petcoke GP LLC post-judgment interest on the sum of

                  actual   damages     and   prejudgment      interest   awarded    to  Ace    Property    &   Casualty    Insurance

                  Company      above,    calculated   at  5%    per  annum     compounded       annually    from   the  date   of  this

                  Judgment until this Judgment in favor of Ace Property & Casualty Insurance Company is paid.

                           All  relief requested    by  any   party  which    is not  granted   herein   is denied;   this is a  Final

                  Judgment.

                           Signed this _____ day of _____________, 2020



                                                                        Judge Presiding




                  MODIFIED FINAL SUMMARY JUDGMENT – Page 2