On July 16, 2021 a
Hearing
was filed
involving a dispute between
Boehler, Clay,
Boehler, Tammy,
Ellis, Al,
Glover, Michael,
Tarver, B.,
Tarver, Debbie,
Tarver, K.,
Tarver, Melissa,
Tarver, Randy,
and
Atmos Energy Corporation,
Bobcat Contracting, Llc,
Fesco, Ltd.,
for OTHER PERSONAL INJURY
in the District Court of Dallas County.
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FILED
8/16/2021 10:02 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Jeremy Jones DEPUTY
CAUSE NO. DC-21-09308
MELISSA TARVER, Individually IN THE DISTRICT COURT
§§§§§§§§§§§§
and as Representative of the Estate of
DERIC TARVER, and as next friend of
B.T. and K.T., MINORS, RANDY
TARVER and DEBBIE TARVER
Plaintiffs 192ND JUDICIAL DISTRICT
VS.
ATMOS ENERGY CORPORATION
and BOBCAT CONTRACTING, LLC
Defendants DALLAS COUNTY, TEXAS
DEFENDANT BOBCAT CONTRACTING, LLC’S MOTION TO TRANSFER VENUE
AND ORIGINAL ANSWER SUBJECT THERETO
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW BOBCAT CONTRACTING, LLC, hereinafter referred to as Defendant
and files its Motion to Transfer Venue and Original Answer to Plaintiffs’ Original Petition Subject
Thereto and in support thereof would respectfully represent and show unto the Court the following:
I.
Defendant would show that Plaintiffs have filed this lawsuit in Dallas County, Texas, and
alleged various claims over and against Defendant, arising out of an incident which occurred in
Collin County, Texas.
Plaintiffs have filed this lawsuit in Dallas County, Texas. The events giving rise to the
incident in question occurred in Collin County, Texas, not in Dallas County. Furthermore,
Defendant’s principal place of business is located in Hill County, Texas. Accordingly, Defendant
objects to venue in Dallas County and would show the Court that this case should be transferred
to Collin County or Hill County.
DEFENDANT BOBCAT CONTRACTING, LLC’S MOTION TO TRANSFER VENUE Page 1
AND ORIGINAL ANSWER SUBJECT THERETO
Under the general venue statute, venue is proper in either Collin County or Hill County
and improper in Dallas County.
II.
Defendant specifically denies all venue facts pleaded by the Plaintiffs which are
inconsistent with the allegations contained herein. Defendant denies that the alleged incidences
giving rise to the lawsuit occurred in Dallas County.
WHEREFORE, PREMISES CONSIDERED, Defendant respectfully prays that the Court
grant this Motion to Transfer Venue.
DEFENDANT BOBCAT CONTRACTING, LLC’S ORIGINAL ANSWER SUBJECT TO
MOTION TO TRANSFER VENUE
I.
Defendant denies each and every, all and singular, the material allegations contained in
Plaintiffs’ Original Petition, demands strict proof thereof and of this puts itself upon the country.
WHEREFORE, PREMISES CONSIDERED, Defendant prays that upon final trial and
hearing hereof, that no recovery be had from Defendant, but that Defendant go hence Without delay
and recover its cost, and for such other and further relief to which Defendant may be justly entitled
and will ever pray.
DEFENDANT BOBCAT CONTRACTING, LLC’S MOTION TO TRANSFER VENUE Page 2
AND ORIGINAL ANSWER SUBJECT THERETO
Respectfully submitted,
WALTERS BALIDO & CRAIN, L.L.P.
/s/ Sarah Holley Long
BY:
SARAH HOLLEY LONG - 24036798
Meadow Park Tower, Suite 1500
10440 North Central Expressway
Dallas, Texas 75231
Telephone: 214-749-4805
Facsimile: 214-760-1670
LongEDocsNotifications@wbclawfirm.com
CERTIFICATE OF SERVICE
This is to certify that on this the 16th day of August, 2021, a true and correct copy of the
above document has been forwarded to all counsel of record.
/s/ Sarah Holley Long
SARAH HOLLEY LONG
DEFENDANT BOBCAT CONTRACTING, LLC’S MOTION TO TRANSFER VENUE Page 3
AND ORIGINAL ANSWER SUBJECT THERETO
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Lisa Kelley on behalf of Sarah Long
Bar No. 24036798
lisa.kelley@wbclawfirm.com
Envelope ID: 56325966
Status as of 8/17/2021 10:31 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
BENNY AGOSTOJR bagosto@awtxlaw.com 8/16/2021 10:02:59 AM SENT
Jessica Pulliam jessica.pulliam@bakerbotts.com 8/16/2021 10:02:59 AM SENT
Susan Kennedy susan.kennedy@bakerbotts.com 8/16/2021 10:02:59 AM SENT
Zachary Stone zachary.stone@bakerbotts.com 8/16/2021 10:02:59 AM SENT
Jordan Kazlow jordan.kazlow@bakerbotts.com 8/16/2021 10:02:59 AM SENT
Jessica Aquino jessica.aquino@bakerbotts.com 8/16/2021 10:02:59 AM SENT
Debora Simonson debora.simonson@bakerbotts.com 8/16/2021 10:02:59 AM SENT
Document Filed Date
August 16, 2021
Case Filing Date
July 16, 2021
Category
OTHER PERSONAL INJURY
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FILED 8/16/2021 10:02 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Jeremy Jones DEPUTY CAUSE NO. DC-21-09308 MELISSA TARVER, Individually IN THE DISTRICT COURT §§§§§§§§§§§§ and as Representative of the Estate of DERIC TARVER, and as next friend of B.T. and K.T., MINORS, RANDY TARVER and DEBBIE TARVER Plaintiffs 192ND JUDICIAL DISTRICT VS. ATMOS ENERGY CORPORATION and BOBCAT CONTRACTING, LLC Defendants DALLAS COUNTY, TEXAS DEFENDANT BOBCAT CONTRACTING, LLC’S MOTION TO TRANSFER VENUE AND ORIGINAL ANSWER SUBJECT THERETO TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW BOBCAT CONTRACTING, LLC, hereinafter referred to as Defendant and files its Motion to Transfer Venue and Original Answer to Plaintiffs’ Original Petition Subject Thereto and in support thereof would respectfully represent and show unto the Court the following: I. Defendant would show that Plaintiffs have filed this lawsuit in Dallas County, Texas, and alleged various claims over and against Defendant, arising out of an incident which occurred in Collin County, Texas. Plaintiffs have filed this lawsuit in Dallas County, Texas. The events giving rise to the incident in question occurred in Collin County, Texas, not in Dallas County. Furthermore, Defendant’s principal place of business is located in Hill County, Texas. Accordingly, Defendant objects to venue in Dallas County and would show the Court that this case should be transferred to Collin County or Hill County. DEFENDANT BOBCAT CONTRACTING, LLC’S MOTION TO TRANSFER VENUE Page 1 AND ORIGINAL ANSWER SUBJECT THERETO Under the general venue statute, venue is proper in either Collin County or Hill County and improper in Dallas County. II. Defendant specifically denies all venue facts pleaded by the Plaintiffs which are inconsistent with the allegations contained herein. Defendant denies that the alleged incidences giving rise to the lawsuit occurred in Dallas County. WHEREFORE, PREMISES CONSIDERED, Defendant respectfully prays that the Court grant this Motion to Transfer Venue. DEFENDANT BOBCAT CONTRACTING, LLC’S ORIGINAL ANSWER SUBJECT TO MOTION TO TRANSFER VENUE I. Defendant denies each and every, all and singular, the material allegations contained in Plaintiffs’ Original Petition, demands strict proof thereof and of this puts itself upon the country. WHEREFORE, PREMISES CONSIDERED, Defendant prays that upon final trial and hearing hereof, that no recovery be had from Defendant, but that Defendant go hence Without delay and recover its cost, and for such other and further relief to which Defendant may be justly entitled and will ever pray. DEFENDANT BOBCAT CONTRACTING, LLC’S MOTION TO TRANSFER VENUE Page 2 AND ORIGINAL ANSWER SUBJECT THERETO Respectfully submitted, WALTERS BALIDO & CRAIN, L.L.P. /s/ Sarah Holley Long BY: SARAH HOLLEY LONG - 24036798 Meadow Park Tower, Suite 1500 10440 North Central Expressway Dallas, Texas 75231 Telephone: 214-749-4805 Facsimile: 214-760-1670 LongEDocsNotifications@wbclawfirm.com CERTIFICATE OF SERVICE This is to certify that on this the 16th day of August, 2021, a true and correct copy of the above document has been forwarded to all counsel of record. /s/ Sarah Holley Long SARAH HOLLEY LONG DEFENDANT BOBCAT CONTRACTING, LLC’S MOTION TO TRANSFER VENUE Page 3 AND ORIGINAL ANSWER SUBJECT THERETO Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Lisa Kelley on behalf of Sarah Long Bar No. 24036798 lisa.kelley@wbclawfirm.com Envelope ID: 56325966 Status as of 8/17/2021 10:31 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status BENNY AGOSTOJR bagosto@awtxlaw.com 8/16/2021 10:02:59 AM SENT Jessica Pulliam jessica.pulliam@bakerbotts.com 8/16/2021 10:02:59 AM SENT Susan Kennedy susan.kennedy@bakerbotts.com 8/16/2021 10:02:59 AM SENT Zachary Stone zachary.stone@bakerbotts.com 8/16/2021 10:02:59 AM SENT Jordan Kazlow jordan.kazlow@bakerbotts.com 8/16/2021 10:02:59 AM SENT Jessica Aquino jessica.aquino@bakerbotts.com 8/16/2021 10:02:59 AM SENT Debora Simonson debora.simonson@bakerbotts.com 8/16/2021 10:02:59 AM SENT