Accredited Surety and Casualty Company, Inc. v. Benchmark Electrical Solutions, Inc., Control Insulation Services, Inc., Inspection Associates, Inc., Sunstate Equipment Co., LLC, Marquez Construction & Maintenance, LLC, Texas Gamma Ray, LLC, Global Welding Services, Inc., DanCar Energy Construction, Lexicon, Inc. and Targa Southern Delaware LLC

ACCEPTED
08-21-00039-CV
EIGHTH COURT OF APPEALS
08-21-00039-CV EL PASO, TEXAS
4/23/2021 9:31 AM
ELIZABETH G. FLORES
CLERK
COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
FILED IN
CASE NO. 08-21-00039-CV 8th COURT OF APPEALS
EL PASO, TEXAS
ACCREDITED SURETY AND CASUALTY § 4/23/2021 9:31:53 AM
COMPANY, INC., § ELIZABETH G. FLORES
§ Clerk
Appellant, §
§
v. §
§
BENCHMARK ELECTRICAL § Appeal from the
SOLUTIONS, INC., CONTROL § 112th Judicial District Court
INSULATION SERVICES, INC., § of Pecos County, Texas
INSPECTION ASSOCIATES, INC., §
SUNSTATE EQUIPMENT COMPANY, §
LLC, MARQUEZ CONSTRUCTION & § (TC# P-12305-B-112-CV)
MAINTENANCE, LLC, TEXAS GAMMA §
RAY, LLC, GLOBAL WELDING §
SERVICES, INC., DANCAR ENERGY §
CONSTRUCTION, LEXICON, INC, §
TARGA SOUTHERN DELAWARE, LLC, §
§
Appellees. §
ACCREDITED SURETY AND CASUALTY COMPANY, INC.’S
RESPONSE TO AMENDED MOTION TO COMPEL MEDIATION
TO THE HONORABLE COURT OF APPEALS:
COMES NOW Appellant Accredited Surety and Casualty Company, Inc. (“Accredited”),
and files this Response to the Amended Motion to Compel Mediation, and would respectfully
show as follows:
1. Accredited opposes the Amended Motion to Compel Mediation. The parties have
previously mediated the disputes between and among themselves, and the disputes
were not able to be resolved.
2. There are numerous legal issues that remain in dispute between and among the parties,
and there are numerous factual insufficiencies for the grant of partial summary
____________________________________________________________________________________
RESPONSE TO AMENDED MOTION TO COMPEL MEDIATION PAGE 1
judgment in the underlying case. These matters should be addressed by appeal of the
partial summary judgment.
3. Accredited respectfully requests that the parties not be required to incur the costs of an
additional mediation.
4. Accredited further opposes the suggested list of mediators filed as a part of the
Amended Motion to Compel Mediation. This case involves complex factual and legal
issues arising out of a surety relationship and the administration of surety bonds, and a
mediator with that type of substantive background and experience would be needed for
this matter.
Respectfully Submitted,
/s/TONI SCOTT REED
TONI SCOTT REED
State Bar No. 00788376
toni.reed@clarkhillstrasburger.com
CHRISTOPHER R. WARD
State Bar No. 24008233
christopher.ward@clarkhillstrasburger.com
CLARK HILL STRASBURGER, LLP
901 Main Street, Suite 6000
Dallas, Texas 75202
Telephone: (214) 651-4345
Facsimile: (214) 659-4091
ATTORNEYS FOR ACCREDITED SURETY
AND CASUALTY COMPANY, INC.
____________________________________________________________________________________
RESPONSE TO AMENDED MOTION TO COMPEL MEDIATION PAGE 2
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing has been electronically served
on all counsel of record, on April 23, 2021, via e-file.
/s/TONI SCOTT REED
TONI SCOTT REED
____________________________________________________________________________________
RESPONSE TO AMENDED MOTION TO COMPEL MEDIATION PAGE 3
ClarkHill\A4564\A18893\262772404.v1-4/23/21
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.
Marianna Green on behalf of Toni Reed
Bar No. 00788376
marianna.green@clarkhillstrasburger.com
Envelope ID: 52759214
Status as of 4/23/2021 11:11 AM MST
Associated Case Party: Benchmark Electrical Solutions, Inc.
Name BarNumber Email TimestampSubmitted Status
Charles E.Wear, Jr. charles@wear-law.com 4/23/2021 9:31:53 AM SENT
Associated Case Party: Accredited Casualty and Surety Company, Inc.
Name BarNumber Email TimestampSubmitted Status
Chris Ward cward@clarkhill.com 4/23/2021 9:31:53 AM SENT
Toni Scottreed tsreed@clarkhill.com 4/23/2021 9:31:53 AM SENT
Associated Case Party: Control Insulation Services, Inc.
Name BarNumber Email TimestampSubmitted Status
Mel Smith mel@mlsesq.com 4/23/2021 9:31:53 AM SENT
Associated Case Party: Marquez Construction & Maintenance, LLC
Name BarNumber Email TimestampSubmitted Status
Shane M.Bebout sbebout@toddlawfirm.com 4/23/2021 9:31:53 AM SENT
Janie M.Whitfield janie@toddlawfirm.com 4/23/2021 9:31:53 AM SENT
Associated Case Party: Inspection Associates, Inc.
Name BarNumber Email TimestampSubmitted Status
Kristen Bates kbates@thestrongfirm.com 4/23/2021 9:31:53 AM SENT
Bret L.Strong bstrong@thestrongfirm.com 4/23/2021 9:31:53 AM SENT
Associated Case Party: Texas Gamma Ray, LLC
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.
Marianna Green on behalf of Toni Reed
Bar No. 00788376
marianna.green@clarkhillstrasburger.com
Envelope ID: 52759214
Status as of 4/23/2021 11:11 AM MST
Associated Case Party: Texas Gamma Ray, LLC
Name BarNumber Email TimestampSubmitted Status
Richard A.Simmons rsimmons@ws-law.com 4/23/2021 9:31:53 AM SENT
Associated Case Party: Sunstate Equipment Co., LLC
Name BarNumber Email TimestampSubmitted Status
T. RagonRichey trr@trricheylawfirm.com 4/23/2021 9:31:53 AM SENT
Associated Case Party: Lexicon, Inc.
Name BarNumber Email TimestampSubmitted Status
W. JasonWalker jwalker@andrewsmyers.com 4/23/2021 9:31:53 AM SENT
Associated Case Party: Global Welding Services, Inc.
Name BarNumber Email TimestampSubmitted Status
Scott Davenport scottd@davenport-law.com 4/23/2021 9:31:53 AM SENT
Associated Case Party: Targa Southern Delaware LLC
Name BarNumber Email TimestampSubmitted Status
Laura Folk lfolk@porterhedges.com 4/23/2021 9:31:53 AM SENT
Emily APendleton ependleton@porterhedges.com 4/23/2021 9:31:53 AM SENT
Lola Martinez lmartinez@porterhedges.com 4/23/2021 9:31:53 AM SENT
Amy K.Wolfshohl awolfshohl@porterhedges.com 4/23/2021 9:31:53 AM SENT
Case Contacts
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.
Marianna Green on behalf of Toni Reed
Bar No. 00788376
marianna.green@clarkhillstrasburger.com
Envelope ID: 52759214
Status as of 4/23/2021 11:11 AM MST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Marianna Green magreen@clarkhill.com 4/23/2021 9:31:53 AM SENT
Associated Case Party: DanCar Energy Construction
Name BarNumber Email TimestampSubmitted Status
Robert M.Lovein rlovein@loveinribman.com 4/23/2021 9:31:53 AM SENT