Cause No. 14-01430-393 File Marked Petition

Plaintiffs Original Petition 1

NO. ______________________ JOHN and LINDA ALEXANDER; IN THE DISTRICT COURT LINDA BONANNO; JASON and MAILE BUSH; JOHN and GINA CALTRIDER; WANDA CARDWELL; MARIE FIELDS; STANLEY and RHONDA FLOYD; EDWIN and JANET GLYNN; BRENNA HOLT; DEBORAH INGRAM; EUGENE and ANITA INZER; TODD JONES; MARK and DAISY KING; MATTHEW and ADRIANNE KING; DENTON COUNTY, TEXAS CORY and ERICA LITTLEHALES; ANTHONY and CHEYENNE MARQUEZ; LANCE and ALYSE OGLETREE; MALEAH PATTERSON; KEVIN PRATHER and TAMMY HEWETT; JOHN and JILL RHEA; SEAN and TAMI TEEPLES; OSCAR and SANDRA VENTURA ; JEREMY and LAURA WELLS; JASON and LASHAWN WILLIAMS; LANDON YOUNG and KELLY HIGGINS, Plaintiffs, v. EAGLERIDGE OPERATING, LLC, and EAGLERIDGE ENERGY, LLC Defendants. ______ JUDICIAL DISTRICT

PLAINTIFFS ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: NOW COME, JOHN and LINDA ALEXANDER, LINDA BONANNO, JASON

and MAILE BUSH, JOHN and GINA CALTRIDER, WANDA CARDWELL, MARIE

FILED: 2/28/2014 1:54:40 PMSHERRI ADELSTEINDenton County District ClerkBy: Joanna Price, Deputy

14-01430-393


FIELDS, STANLEY and RHONDA FLOYD, EDWIN and JANET GLYNN, BRENNA

HOLT, DEBORAH INGRAM, EUGENE and ANITA INZER, TODD JONES, MARK

and DAISY KING, MATTHEW and ADRIANNE KING, CORY and ERICA

LITTLEHALES, ANTHONY and CHEYENNE MARQUEZ, LANCE and ALYSE

OGLETREE, MALEAH PATTERSON, KEVIN PRATHER and TAMMY HEWETT,

JOHN and JILL RHEA, SEAN and TAMI TEEPLES, OSCAR and SANDRA

VENTURA, JEREMY and LAURA WELLS, JASON and LASHAWN WILLIAMS,

LANDON YOUNG and KELLY HIGGINS, hereinafter collectively referred to as

Plaintiffs, complaining of EAGLERIDGE OPERATING, LLC., AND EAGLERIDGE

ENERGY, LLC, hereafter collectively referred to as Defendants, and for causes of action

would respectfully show the Court and jury the following:

I. DISCOVERY LEVEL 1. Discovery is intended to be conducted under Level 3 of Rule 190.1 of the

Texas Rules of Civil Procedure.

II. PARTIES 2. Plaintiffs, JOHN ALEXANDER and LINDA ALEXANDER, are

individuals who are husband and wife and are residents of Denton County, Texas. The

Plaintiffs, John Alexander and Linda Alexander, are the owners of real property located

at 3520 Hornbeam Street, Argyle, Texas 76226.

3. Plaintiff, LINDA BONANNO, is an individual and resident of Denton

County, Texas. The Plaintiff, Linda Bonanno, is the owner of real property located at

3305 Stonecrop Trail, Argyle, Texas 76226.


4. Plaintiffs, JASON BUSH and MAILE BUSH, are individuals who are

husband and wife and are residents of Denton County, Texas. The Plaintiffs, Jason Bush

and Maile Bush are the owners of real property located at 4501 Lacewood Drive, Argyle,

Texas 76226.

5. Plaintiffs, JOHN CALTRIDER and GINA CALTRIDER, are individuals

who are husband and wife and are residents of Denton County, Texas. The Plaintiffs,

John Caltrider and Gina Caltrider are the owners of real property located at 3336

Hornbeam Street, Argyle, Texas 76226.

6. Plaintiff, WANDA CARDWELL, is an individual and resident of Denton

County, Texas. The Plaintiff, Wanda Cardwell, is the owner of real property located at

4516 Woodbine Road, Argyle, Texas 76226.

7. Plaintiff, MARIE FIELDS, is an individual and resident of Denton

County, Texas. The Plaintiff, Marie Fields, is the owner of real property located at 3305

Buckthorn Lane, Argyle, Texas 76226.

8. Plaintiffs, STANLEY FLOYD and RHONDA FLOYD, are individuals


Stanley Floyd and Rhonda Floyd are the owners of real property located at 4516 Merlot

Drive, Argyle, Texas 76226.

9. Plaintiffs, EDWIN GLYNN and JANET GLYNN, are individuals who are

husband and wife and are residents of Denton County, Texas. The Plaintiffs, Edwin

Glynn and Janet Glynn, are the owners of real property located at 3416 Hornbeam Street,

Argyle, Texas 76226.


10. Plaintiffs, BRENNA HOLT, is an individual and resident of Denton

County, Texas. The Plaintiff, Brenna Holt, is the owner of real property located at 3404

Hornbeam Street, Argyle, Texas 76226.

11. Plaintiff, DEBORAH INGRAM, is an individual and resident of Denton

County, Texas. The Plaintiff, Deborah Ingram, is the owner of real property located at

3328 Hornbeam Street, Argyle, Texas 76226.

12. Plaintiffs, EUGENE INZER and ANITA INZER, are individuals who are

husband and wife and are residents of Denton County, Texas. The Plaintiffs, Eugene

Inzer and Anita Inzer, are the owners of real property located at 3317 Buckthorn Lane,


13. Plaintiff, TODD JONES, is an individual and resident of Denton County,

Texas. The Plaintiff, Todd Jones, is the owner of real property located at 3412 Hornbeam

Street, Argyle, Texas 76226.

14. Plaintiffs, MARK KING and DAISY KING, are individuals who are

husband and wife and are residents of Denton County, Texas. The Plaintiffs, Mark King

and Daisy King, are the owners of real property located at 3409 Buckthorn Lane, Argyle,

Texas 76226.

15. Plaintiffs, MATTHEW KING and ADRIANNE KING, are individuals


Matthew King and Adrianne King, are the owners of real property located at 3225


16. Plaintiffs, CORY LITTLEHALES and ERICA LITTLEHALES, are



Plaintiffs, Cory Littlehales and Erica Littlehales, are the owners of real property located


17. Plaintiffs, ANTHONY MARQUEZ and CHEYENNE MARQUEZ, are


Plaintiffs, Anthony Marquez and Cheyenne Marquez, are the owners of real property

located at 3405 Buckthorn Lane, Argyle, Texas 76226.

18. Plaintiffs, LANCE OGLETREE and ALYSE OGLETREE, are individuals


Lance Ogletree and Alyse Ogletree, are the owners of real property located at 3401


19. Plaintiff, MALEAH PATTERSON, is an individual and resident of

Denton County, Texas. The Plaintiff, Maleah Patterson, is the owner of real property

located at 3516 Hornbeam Street, Argyle, Texas 76226.

20. Plaintiffs, KEVIN PRATHER and TAMMY HEWETT, are individuals


Kevin Prather and Tammy Hewett, are the owners of real property located at 4513 Joe

Van Way, Argyle, Texas 76226.

21. Plaintiffs, JOHN RHEA and JILL RHEA, are individuals who are husband

and wife and are residents of Denton County, Texas. The Plaintiffs, John Rhea and Jill

Rhea, are the owners of real property located at 3320 Hornbeam Street, Argyle, Texas

76226.

22. Plaintiffs, SEAN TEEPLES and TAMI TEEPLES, are individuals who are

husband and wife and are residents of Denton County, Texas. The Plaintiffs, Sean


Teeples and Tami Teeples, are the former owners of real property located at 4520

Lacewood Drive, Argyle, Texas 76226.

23. Plaintiffs, OSCAR VENTURA and SANDRA VENTURA, are


Plaintiffs, Oscar Ventura and Sandra Ventura, are the owners of real property located at

4717 Rhone Drive, Argyle, Texas 76226.

24. Plaintiffs, JEREMY WELLS and LAURA WELLS, are individuals who

are husband and wife and are residents of Denton County, Texas. The Plaintiffs, Jeremy

Wells and Laura Wells, are the owners of real property located at 4601 Merlot Drive,


25. Plaintiffs, JASON WILLIAMS and LASHAWN WILLIAMS, are


Plaintiffs, Jason Williams and Lashawn Williams, are the owners of real property located


26. Plaintiffs, LANDON YOUNG and KELLY HIGGINS, are individuals


Landon Young and Kelly Higgins, are the owners of real property located at 4571 Joe

Van Way, Argyle, Texas 76226.

27. Defendant, EAGLERIDGE OPERATING, LLC, is a Texas limited

liability company doing business in the state of Texas, with an agent for service, to-wit:

Leland C. De La Garza, 3333 Lee Parkway, 10th Floor, Dallas, Texas 75219.

28. Defendant, EAGLERIDGE ENERGY, LLC, is a Texas limited liability

company doing business in the state of Texas, with an agent for service, to-wit:


Leland C. De La Garza, 3333 Lee Parkway, 10th Floor, Dallas, Texas 75219.

III. JURISDICTION and VENUE 29. Both jurisdiction and venue are proper in Denton County, Texas pursuant

to the Texas Civil Practice & Remedies Code. Venue is proper because all or a

substantial part of the events or omissions giving rise to the claim occurred in Denton

County. See Tex. Civ. Prac. & Rem. Code 15.002(a)(1). Further, venue is proper

because all or part of the property giving rise to this claim for damages is located in

Denton County, Texas. See Tex. Civ. Prac. & Rem. Code 15.011.

30. This Court has jurisdiction over the controversy because the damages are

within the jurisdictional limits of the Court and there exists personal jurisdiction because

both Defendants are Texas residents and because Defendants acts constitute doing

business in this state. See Tex. Civ. Prac. & Rem. Code 17.042.

IV. FACTS

31. The Plaintiffs are residents of two residential communities commonly

known as the Vintage and the Meadows at Hickory Creek. The Defendant is conducting

natural gas drilling operations in close proximity to the residents and their homes in these

communities.

32. In or about August 2013, Defendants began operations at the Bonnie Brae

1H (API 12134423), Bonnie Brae 2H (API121-34424), Bonnie Brae 3H (API 121-

31597), and Bonnie Brae 4H (API 121-31934) gas wells. The wells Bonnie Brae 1H,

Bonnie Brae 2H, and Bonnie Brae 3H are located on a pad site less than 300 feet north of


the residential communities. The well Bonnie Brae 4H is located on a pad site less than

300 feet south of the residential communities.

33. Substances released into the air from these gas wells are offensive,

inconvenient, and annoying to persons with normal sensibilities in the community, like

the Plaintiffs.

34. The scope of operations at the Defendants drill sites is extensive. Large

vehicles are constantly arriving at and departing from the facilities. The noise originating

from these facilities is loud and constant. The mere presence of these large facilities and

the noises and odors associated with their operation are abnormal and out of place in their

surroundings.

V. PRIVATE NUISANCE

35. The Defendants natural gas production activities, and the noise and

noxious odors associated with them have interfered with and invaded the Plaintiffs

private interests in, and their ability reasonably to use and enjoy, their homes and land by

contaminating the air above their property with substances that are offensive,

inconvenient and annoying to persons with normal sensibilities in the community, like

Plaintiffs.

36. The Defendants gas production-related activities constitute conduct that is

intentional and abnormal and out of place in their surroundings.

37. The Defendants natural gas production-related activities have created a

nuisance, the conditions of which substantially interfere with the use and enjoyment of

the Plaintiffs land by causing unreasonable discomfort or annoyance.


38. This nuisance has caused physical harm to the Plaintiffs property by

contaminating the air above their property with foul and unpleasant odors and constant

noises associated with the Defendants natural gas production activities.

39. This nuisance has caused emotional harm to Plaintiffs from the

deprivation of the enjoyment of their property by fear, apprehension, offense, and loss of

peace of mind. In addition, the nuisance has caused a diminution in real property value

as a result of the Defendants activities.

40. The presence of these large facilities and the noises and odors associated

with their operations are abnormal and out of place in their surroundings.

VI. TRESPASS

41. The Defendants natural gas production activities and the noxious odors

associated with them have interfered with and invaded the Plaintiffs private interest in,

and their ability reasonably to use and enjoy, their land by contaminating the air above

their property with substances that are offensive, inconvenient and annoying to persons

with normal sensibilities in the community, like Plaintiffs.

42. The Defendants physically, intentionally, and voluntarily caused and

permitted substances associated with their natural gas production activities to cross

Plaintiffs property boundaries and to contaminate the air above their properties.

43. Defendants trespass is a proximate cause of Plaintiffs damages,

including diminution in real property value.


VII. DAMAGES

44. Plaintiffs seek to recover damages for annoyance and discomfort caused

by the above-described nuisance and trespass that impairs the comfortable enjoyment of

their real property, and causes a diminution in value in their real property. In accordance

with Rule 47 of the Texas Rules of Civil Procedure, each Plaintiff household seeks

monetary relief in this matter in an amount over $200,000 but not more than $1,000,000,

and for all such other and further relief to which the Plaintiffs may show themselves to be

entitled at law or in equity.

VIII. JURY TRIAL 45. The Plaintiffs hereby request a trial by jury.

PRAYER

WHEREFORE, Plaintiffs pray that the Defendants be duly cited to appear and

answer herein; and that upon a final trial of this cause, Plaintiffs recover:

1. judgment against Defendants for Plaintiffs damages as set forth above, in an amount within the jurisdictional limits of this Court;

2. interest on the judgment at the legal rate from date of judgment; 3. pre-judgment interest on Plaintiffs damages as allowed by law; 4. costs of court; and 5. such other and further relief to which Plaintiffs may be justly entitled.

REQUEST FOR DISCLOSURES

Under Texas Rule of Civil Procedure 194, Defendants EAGLERIDGE

OPERATING, LLC., AND EAGLERIDGE ENERGY, LLC are requested to disclose,

within fifty (50) days of service of this Request, the information and materials described

in all sections and subsections of Texas Rule of Civil Procedure 194.2.


Respectfully submitted,

THE CLAUNCH LAW FIRM 2912 West Sixth Street Fort Worth, Texas 76107 (817) 335-4003 - telephone (817) 335-7112 - facsimile

/s/ Kirk Claunch

KIRK M. CLAUNCH State Bar No. 04326075 and

JAMES D. PIEL, P.C. James D. Piel Texas Bar No. 15989800 3200 Parkwood Blvd., #1010 Plano, Texas 75093 (214) 763-3070 - telephone (817) 335-7112 - facsimile

ATTORNEYS FOR PLAINTIFFS

Documents

Cause No. 14-01430-393 File Marked Petition