Motion,Ex Parte: MICROCHECK SYSTEMS INC (TEXAS CORPORATION) vs. ZIGROSSI & MURPHY L L C (TEXAS CORPORATION) (IND A

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                                NO. 2004-59790

MICROCHECK SOLUTIONS, INC., § IN THE DISTRICT COURT OF
and EDUCATED SYSTEMS & §
SOLUTIONS, INC. §
Plaintiffs, §

§
Vv. §

§ HARRIS COUNTY, TEXAS
ZIGROSSI & MURPHY L.L.C. d/b/a § 1 eliseantise ID
EDUCATED SOLUTIONS, § Peutaves ineantise
FROST BANK § [J-3-
CHRIS ZIGROSSI, SCOTT MURPHY, § DEC 0 3 2004
MIKE SMITH, JIM HAYDEN, § (ascot ae
ALEX CAMPBELL and § Harris Counly, Te
JASON JABLECKI § By Deputy
Defendants. § 125" JUDICIAL DISTRICT

PLAINTIFFS’ MOTION TO E: EMENT AGREEMENT

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, MICROCHECK SOLUTIONS, INC., and EDUCATED SYSTEMS AND
SOLUTIONS, INC., Plaintiffs in the above-styled and numbered cause and files this Motion to
Enforce Settlement Agreement and in support thereof would show as follows:

L

On November 18, 2004, Plaintiffs and Defendants, Zigrossi & Murphy, L.L.P., separately
and d/b/a Educated Solutions, Scott Murphy and Chris Zigrossi, entered into a binding and
enforceable agreement that, effectively, settled all issues between them. The agreement was
announced into this Court’s record and reduced to a Rule 11 Agreement, attached hereto at Exhibit
“A” and incorporated by reference herein. The documents memorializing the Settlement
Agreement are attached hereto at Exhibit “B” and incorporated by reference herein.

Settling Defendants have now “backed-out” of the settlement and claim that they will sign
nothing and now wish to proceed with a trial of this matter. See letter from Defendants’ counsel
attached hereto at Exhibit “C” and incorporated by reference herein. Along these lines, Plaintiffs
request the entry of an order enforcing the settlement agreement between the parties of November
18, 2004.

 

PLAINTIFFS’ MOTION TO ENFORCE SETTLEMENT PAGE-1

RECORDER'S MEMORANDUM
This Instrument is of poor quallty
athe time of imaging

iII.
ATTORNEYS’ FEES
Additionally, as a result of Defendants’ dilatorious and abusive conduct, Plaintiffs have
been forced to file this motion and conduct a hearing that is totally necessary, under the
circumstances. As such, Plaintiffs request the entry of an order awarding reasonable and
necessary attorneys’ fees and costs in the amount of $1,500.00.
mi.
PRAYER
WHEREFORE, Plaintiffs pray that the Court enforce the terms of the settlement agreement
between the parties, for reasonable and necessary attorneys fees in the amount of $1,500.00, and
for such other and further relief to which they may show themselves justly entitled.
Respectfully submitted,
Buchholz & Sassin, P.L.L.C

By 1 DD oaaca.
F. Bady Sassin

Texas Bar No. 00788357
Melissa S. McGee

Texas Bar No. 24041442
4131 North Central Expressway
Suite 800

Dallas, Texas 75204

Tel. (214)754-5500

Fax. (214)754-9100
Attorneys for Plaintiffs

CERTIFICATE OF SERVICE

I certify that on December 2, 2004, a true and correct copy of the above and foregoing was
served by facsimile on:

L. Lee Thweatt [VIA FACSIMILE ONLY]
Goforth Lewis Sanford L.L.P.

111 Bagby, Suite 2200

Houston, Texas 77002

(713) 650-0022

(713) 650-1669 facsimile

Attormey for Defendants

Zigossi & Murphy L.L.C., 4
Chins Z Zigrossi, and Scott Murphy AUD. .
F. Bady Sassinett - =~
~~ F BUCHHOLZ & SASSIN, P.L.L.C.~
ATTORNEYS & COUNSELORS AT LAW

ROBERT W. BUCHHOLZ 4131 N. CENTRAL EXPRESSWAY
MEMBER: Surre 800
STATE BAR OF TEXAS DALLAS, TEXAS 75204

BOARD CERTIFIED-CIVIL TRIAL LAW 214-754-5500
TEXAS BOARD OF LEGAL SPECIALIZATION 214-754-9100 fax
STATE BAR OF OKLAHOMA
STATE BAR OF ARKANSAS

F. BADY SASSIN
STATE BAR OF TEXAS
STATE BAR OF ARKANSAS

December 2, 2004

E
Beubrestrcautise DO

District Check
VIA OVERNIGHT DELIVERY
District Court Clerk DEC 0 8 2004
125" Judicial District Court sored. ac
301 Fannin Street, 5" Floor By Harris Cootiy: Toxes
Deputy

Houston, Texas 77002

RE: Case No: 2004-59790; Microcheck Systems, Inc., et.al. v. Zigrossi & Murphy,
LLP., et.al.; In the 125" Judicial District Court of Harris County, Texas.

Dear Hon. Court Clerk:

Enclosed, please find Plaintiffs’ Motion to Enforce Settlement Agreement in the above-
referenced matter. Please schedule the same to be heard during our current status conference
with Hon. Judge Coselli on December 6, 2004, at 4:00 p.m.

As always, should you have any questions or concerns, feel free to contact me at
214.754.5500.

Very truly yours,
BUCHHOLZ & SASSIN, P.L.L.C.

 

FBS/bas
En¢/as stated.

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