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Cause Number 66216
elly Coleman In the District Court
Plaintiff,
versus
mile Nassar, Robert Cummings, and
he ard of Trustees of the Pines of Harris County, Texas
ondominium Association, Inc.
Defendants
ction Premier Hauling, Inc.
Intervenor. Judicial District
ction Premier Hauling, Inc. Petition in Intervention
To the Honorable District Judge:
Action Premier Hauling, Inc., Intervenor, files this Petition in Intervention:
Parties
Intervenor is a Texas Corporation registered to do business in the state of Texas.
Plaintiff, Kelly Coleman, is an individual residing in Harris County, Texas, and
has appeared herein.
Defendant Emile Nassar, Robert Cummings, and the Board of Trustees of the
Pines Condominium A sociation, Inc. (collectively Defendants , have been
served with the original underlying lawsuit, and have not yet made an appearance.
Intervenor is not seeking affirmative relief against Defendants at this time.
Intervneor intends to conduct discovery under Level 2 of Rule 190. tervenor
seeks monetary relief of over $200,000.000, but not more than $1,000,000.00.
Petition in Intervention Page
The Underlying Lawsuit
6. On October 5, 2017, Plaintiff sued Defendants for alleged violations of the Open
Meetings Act, fraud, breach of fiduciary duty, conversion, and sought injunctive
relief. Plaintiff did not sue Intervenor.
7. On October 5, 2017, Plaintiff obtained a Temporary Restraining Order in this
Court. The order specifically prohibits any Defendant from paying Intervenor,
even though Intervenor is not a party to this lawsuit. It appears bond was never
filed, so the TRO is not in effect.
8. On September 10, 2017, the Pines Condominium Association, Inc. (the
“Association”), through its president, Emile Nassar, entered into a contract with
Intervenor to provide containers and cleanup of the entire condominium complex
after the devastation of Hurricane Harvey. Intervenor was one of many
companies to bid on the services for this work.
9. Intervenor provided all work at the agreed upon prices, but the Association was
unable to pay its final payment due to this lawsuit. It appears that Plaintiff
claims that one of the owners of Intervenor is a board member’s son. This claim
is completely fictitious. Intervenor’s owner Matthew Moody is not related to any
board member, resident, or owner of the Pines Condominiums. Intervenor never
heard of Pines Condominium until a few days before the Association entered into
the contract with Intervenor.
10. This job was a large-scale cleanup for more than 250 units, for which Intervenor
provided many hours, labor and equipment. Intervenor was very efficient and
Petition in Intervention - Page 2
timely and had no complaints regarding Intervenor’s job performance.
Intervenor knows nothing of any claims regarding meetings or removal of board
members. Plaintiff has involved Intervenor in his fight with Defendants, and has
prevented Defendants from paying Intervenor the final $319,725.00, that is owed.
Tortious Interference with Existing Contract
11. Defendant and Intervenor had a valid contract. Plaintiff willfully and
intentionally interfered with the contract, which proximately caused Intervenor’s
injury.
12. Intervenor seeks actual damages, exemplary damages, interest, and court cost, and
attorney fees.
Request for Disclosure
To: Plaintiffs by and through their attorney of record, Robert C. E. Wolfe, via e-file.
Pursuant to Rule 194, you are requested to disclose, within 30 days of service of this request, the
information or material described in Rule 194.2.
Prayer
Action Premier Hauling, Inc., Intervenor, prays that, upon final hearing, the Court grant
the relief set forth above, award actual damages far in excess of this Court’s minimum
jurisdictional amount, award court costs, interest, exemplary damages, and attorney fees as set
forth above, and grant such other relief to which Action Premier Hauling, Inc. may show itself
entitled.
Petition in Intervention - Page 3
Respectfully submitted,
________/s Travis Owens
Travis Owens
Texas Bar Number 24065859
Owens Law Group, P.L.L.C.
P.O. Box 8605
The Woodlands, TX 77387
Tel. (936) 828-3583
Fax. (832) 327-9187
travis@owens-lawgroup.com
Attorney for Intervenor
CERTIFICATE OF SERVICE
I certify that on October 9, 2017, a true and correct copy of the foregoing was served to
each person listed below, via e-file, pursuant to Texas Rules of Civil Procedure 21 and 21a.
Robert C. E. Wolfe
7001 Corporate Drive, Suite 216
Houston, Texas 77036
texaslawhelp@yahoo.com
________/s Travis Owens
Travis Owens
Petition in Intervention - Page 4
Preview
Cause Number 66216 elly Coleman In the District Court Plaintiff, versus mile Nassar, Robert Cummings, and he ard of Trustees of the Pines of Harris County, Texas ondominium Association, Inc. Defendants ction Premier Hauling, Inc. Intervenor. Judicial District ction Premier Hauling, Inc. Petition in Intervention To the Honorable District Judge: Action Premier Hauling, Inc., Intervenor, files this Petition in Intervention: Parties Intervenor is a Texas Corporation registered to do business in the state of Texas. Plaintiff, Kelly Coleman, is an individual residing in Harris County, Texas, and has appeared herein. Defendant Emile Nassar, Robert Cummings, and the Board of Trustees of the Pines Condominium A sociation, Inc. (collectively Defendants , have been served with the original underlying lawsuit, and have not yet made an appearance. Intervenor is not seeking affirmative relief against Defendants at this time. Intervneor intends to conduct discovery under Level 2 of Rule 190. tervenor seeks monetary relief of over $200,000.000, but not more than $1,000,000.00. Petition in Intervention Page The Underlying Lawsuit 6. On October 5, 2017, Plaintiff sued Defendants for alleged violations of the Open Meetings Act, fraud, breach of fiduciary duty, conversion, and sought injunctive relief. Plaintiff did not sue Intervenor. 7. On October 5, 2017, Plaintiff obtained a Temporary Restraining Order in this Court. The order specifically prohibits any Defendant from paying Intervenor, even though Intervenor is not a party to this lawsuit. It appears bond was never filed, so the TRO is not in effect. 8. On September 10, 2017, the Pines Condominium Association, Inc. (the “Association”), through its president, Emile Nassar, entered into a contract with Intervenor to provide containers and cleanup of the entire condominium complex after the devastation of Hurricane Harvey. Intervenor was one of many companies to bid on the services for this work. 9. Intervenor provided all work at the agreed upon prices, but the Association was unable to pay its final payment due to this lawsuit. It appears that Plaintiff claims that one of the owners of Intervenor is a board member’s son. This claim is completely fictitious. Intervenor’s owner Matthew Moody is not related to any board member, resident, or owner of the Pines Condominiums. Intervenor never heard of Pines Condominium until a few days before the Association entered into the contract with Intervenor. 10. This job was a large-scale cleanup for more than 250 units, for which Intervenor provided many hours, labor and equipment. Intervenor was very efficient and Petition in Intervention - Page 2 timely and had no complaints regarding Intervenor’s job performance. Intervenor knows nothing of any claims regarding meetings or removal of board members. Plaintiff has involved Intervenor in his fight with Defendants, and has prevented Defendants from paying Intervenor the final $319,725.00, that is owed. Tortious Interference with Existing Contract 11. Defendant and Intervenor had a valid contract. Plaintiff willfully and intentionally interfered with the contract, which proximately caused Intervenor’s injury. 12. Intervenor seeks actual damages, exemplary damages, interest, and court cost, and attorney fees. Request for Disclosure To: Plaintiffs by and through their attorney of record, Robert C. E. Wolfe, via e-file. Pursuant to Rule 194, you are requested to disclose, within 30 days of service of this request, the information or material described in Rule 194.2. Prayer Action Premier Hauling, Inc., Intervenor, prays that, upon final hearing, the Court grant the relief set forth above, award actual damages far in excess of this Court’s minimum jurisdictional amount, award court costs, interest, exemplary damages, and attorney fees as set forth above, and grant such other relief to which Action Premier Hauling, Inc. may show itself entitled. Petition in Intervention - Page 3 Respectfully submitted, ________/s Travis Owens Travis Owens Texas Bar Number 24065859 Owens Law Group, P.L.L.C. P.O. Box 8605 The Woodlands, TX 77387 Tel. (936) 828-3583 Fax. (832) 327-9187 travis@owens-lawgroup.com Attorney for Intervenor CERTIFICATE OF SERVICE I certify that on October 9, 2017, a true and correct copy of the foregoing was served to each person listed below, via e-file, pursuant to Texas Rules of Civil Procedure 21 and 21a. Robert C. E. Wolfe 7001 Corporate Drive, Suite 216 Houston, Texas 77036 texaslawhelp@yahoo.com ________/s Travis Owens Travis Owens Petition in Intervention - Page 4