NO. DC-24-01847
IN THE 134TH JUDICIAL DISTRICT COURT
OF DALLAS COUNTY, TEXAS
PLAINTIFF'S CERTIFICATE OF LAST KNOWN ADDRESS OF DEFENDANTS AND REQUEST FOR ENTRY OF DEFAULT
TO THE HONORABLE JUDGE OF SAID COURT AND THE CLERK OF COURT:
Stonefield Logistics Group Inc. ("Plaintiff" or "Stonefield"), by and through its attorneys of record, Calderwood & Harkness LLP, files this Certificate of Last Known Address of Defendants and Request for Entry of Default against Defendants Ridgeline Freight Carriers LLC ("Ridgeline") and Gerald "Gerry" Brashear ("Brashear") (collectively, "Defendants"), and respectfully shows the Court and the Clerk of Court as follows:
I. CERTIFICATE OF LAST KNOWN ADDRESSES
Pursuant to Rule 239a of the Texas Rules of Civil Procedure, Plaintiff hereby certifies the last known mailing addresses of each Defendant in this action. Plaintiff has exercised due diligence in ascertaining the addresses set forth below and believes them to be the current and correct mailing addresses for each Defendant as of the date of this filing.
A. Ridgeline Freight Carriers LLC
Defendant Ridgeline Freight Carriers LLC is an Oklahoma limited liability company that is registered to do business in the State of Texas as a foreign limited liability company. Based on Plaintiff's review of filings with the Oklahoma Secretary of State, the Texas Secretary of State, and other publicly available records, the last known mailing address and principal office address for Ridgeline Freight Carriers LLC is:
Ridgeline Freight Carriers LLC 7820 South Meridian Avenue Oklahoma City, Oklahoma 73159
Ridgeline's designated registered agent for service of process in the State of Texas is:
Lone Star Registered Agents LLC 811 Congress Avenue, Suite 400 Austin, Texas 78701
As set forth more fully in Section II below, the above-referenced registered agent was non-responsive to attempts to effectuate service, which necessitated substitute service on Ridgeline through the Texas Secretary of State in accordance with the Texas Business Organizations Code.
B. Gerald "Gerry" Brashear
Defendant Gerald "Gerry" Brashear is an individual who, upon information and belief, serves as the Managing Member and sole owner of Ridgeline Freight Carriers LLC. Based on Plaintiff's review of public records, organizational filings with the Oklahoma Secretary of State, and other information available to Plaintiff, the last known mailing address and residence address for Gerald "Gerry" Brashear is:
Gerald "Gerry" Brashear 2314 Quail Creek Drive Edmond, Oklahoma 73034
Plaintiff certifies that the foregoing addresses represent the last known addresses for each Defendant as required by Rule 239a of the Texas Rules of Civil Procedure, and that Plaintiff has no knowledge of any other or more current addresses for either Defendant.
II. CERTIFICATE REGARDING SERVICE OF PROCESS
A. Service on Gerald "Gerry" Brashear
Plaintiff's Original Petition in this action was filed with the Clerk of the 134th Judicial District Court of Dallas County, Texas on February 12, 2024. On February 14, 2024, citation was duly issued by the Clerk of the Court for Defendant Gerald "Gerry" Brashear, directed to his last known address at 2314 Quail Creek Drive, Edmond, Oklahoma 73034.
Personal service was thereafter effectuated on Defendant Gerald "Gerry" Brashear on February 22, 2024, at his residence located at 2314 Quail Creek Drive, Edmond, Oklahoma 73034, by ABC Process Service, Inc., a duly authorized and licensed process server operating in the State of Oklahoma. Service was accomplished pursuant to the Texas long-arm statute, Section 17.044 of the Texas Civil Practice and Remedies Code, which authorizes personal service upon a nonresident defendant outside the State of Texas. The process server delivered to Brashear, in person, a true and correct copy of Plaintiff's Original Petition together with the citation issued by the Clerk of this Court.
The return of service, which was duly executed and sworn to by the process server, confirms that Defendant Brashear was personally handed the citation and accompanying petition on February 22, 2024, at the above-referenced address. A true and correct copy of the Return of Service / Proof of Personal Service on Gerald Brashear is attached hereto as Exhibit A and incorporated herein by reference for all purposes.
B. Service on Ridgeline Freight Carriers LLC
On February 14, 2024, citation was duly issued by the Clerk of the Court for Defendant Ridgeline Freight Carriers LLC, directed to its designated Texas registered agent, Lone Star Registered Agents LLC, at 811 Congress Avenue, Suite 400, Austin, Texas 78701.
Plaintiff initially attempted to effectuate service on Ridgeline through its designated Texas registered agent, Lone Star Registered Agents LLC, at the address set forth above. However, the registered agent was non-responsive to the process server's attempts at service. Despite multiple attempts by the process server to deliver the citation and petition to Lone Star Registered Agents LLC at its registered office address, the registered agent could not be found at that location and failed to accept or acknowledge service.
Because the registered agent for Ridgeline Freight Carriers LLC could not be found at its registered office and was otherwise non-responsive, Plaintiff proceeded with substitute service on Ridgeline through the Texas Secretary of State pursuant to Section 5.251 of the Texas Business Organizations Code, which provides that the Secretary of State is an agent for service of process on a foreign filing entity whose registered agent cannot be found with reasonable diligence at the entity's registered office. Substitute service was effectuated on Ridgeline Freight Carriers LLC through the Texas Secretary of State on February 26, 2024. In accordance with applicable statutory requirements, the Texas Secretary of State thereafter forwarded a copy of the process to Ridgeline at its principal office address of 7820 South Meridian Avenue, Oklahoma City, Oklahoma 73159.
The Certificate of Service from the Texas Secretary of State, confirming receipt of process and forwarding of the same to Ridgeline, is attached hereto as Exhibit B and incorporated herein by reference for all purposes.
III. CERTIFICATE REGARDING DEFENDANTS' FAILURE TO ANSWER
A. Answer Deadline for Gerald "Gerry" Brashear
Defendant Gerald "Gerry" Brashear was personally served with Plaintiff's Original Petition and citation on February 22, 2024, as described in Section II.A above and as evidenced by the return of service attached hereto as Exhibit A.
Pursuant to Rules 99 and 101 of the Texas Rules of Civil Procedure, a defendant who has been duly served with process is required to file an answer by 10:00 a.m. on the first Monday after the expiration of twenty (20) days following the date of service. Twenty days from February 22, 2024 fell on March 13, 2024. The first Monday following March 13, 2024 was March 18, 2024. Accordingly, Defendant Brashear's answer was due no later than 10:00 a.m. on Monday, March 18, 2024.
As of the date of filing of this Certificate, April 2, 2024 — which is fifteen (15) days past the answer deadline — Defendant Gerald "Gerry" Brashear has not filed an answer, general denial, special exceptions, motion to dismiss, motion for extension of time, or any other responsive pleading or document with the Clerk of this Court. Brashear is therefore in default.
B. Answer Deadline for Ridgeline Freight Carriers LLC
Defendant Ridgeline Freight Carriers LLC was served via substitute service through the Texas Secretary of State on February 26, 2024, as described in Section II.B above and as evidenced by the certificate of service from the Texas Secretary of State attached hereto as Exhibit B.
Under the Texas Rules of Civil Procedure, Ridgeline's answer was due by 10:00 a.m. on the first Monday after the expiration of twenty (20) days following the date on which substitute service through the Secretary of State was deemed complete. Service through the Texas Secretary of State was deemed complete upon delivery of the citation and petition to the Secretary of State on February 26, 2024. Twenty days from February 26, 2024 fell on March 17, 2024. Because March 17, 2024 was a Sunday, the first Monday following the expiration of the twenty-day period was March 18, 2024; however, because the twentieth day itself fell on a Sunday, the next Monday after the full expiration period was March 25, 2024, and the first Monday thereafter was March 25, 2024. The correct calculation, accounting for the service date of February 26, 2024, yields an answer deadline of the first Monday after March 17, 2024, which is March 18, 2024. However, applying the additional time provisions applicable to substitute service through the Secretary of State, Ridgeline's answer was due no later than 10:00 a.m. on Wednesday, March 27, 2024.
As of the date of filing of this Certificate, April 2, 2024 — which is six (6) days past the answer deadline — Defendant Ridgeline Freight Carriers LLC has not filed an answer, general denial, special exceptions, motion to dismiss, motion for extension of time, or any other responsive pleading or document with the Clerk of this Court. Ridgeline is therefore in default.
C. Verification of Court Records
Undersigned counsel has personally reviewed the official records maintained by the Clerk of the 134th Judicial District Court of Dallas County, Texas, including the electronic docket and filing records for Cause No. DC-24-01847. Based on that review, undersigned counsel confirms that no answer, appearance, waiver, motion for extension of time, motion to transfer venue, plea to the jurisdiction, or any other responsive document or pleading of any kind has been filed by or on behalf of either Defendant Ridgeline Freight Carriers LLC or Defendant Gerald "Gerry" Brashear in this cause. Neither Defendant has made any appearance, formal or informal, in this action. The docket reflects no activity on the part of either Defendant since the filing of Plaintiff's Original Petition.
IV. STATEMENT REGARDING MILITARY SERVICE
Pursuant to the Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901 et seq. (the "SCRA"), Plaintiff is required to file a declaration or affidavit regarding the military service status of any individual defendant against whom a default judgment is sought.
With respect to Defendant Gerald "Gerry" Brashear, Plaintiff states upon information and belief, based upon a review of the United States Department of Defense Manpower Data Center records and other available information, that Defendant Gerald "Gerry" Brashear is not currently serving in the military service of the United States, nor has he been in the military service of the United States at any time during the pendency of this action. Brashear is, upon information and belief, a civilian individual who serves as the Managing Member and sole owner of Ridgeline Freight Carriers LLC and is actively engaged in the private-sector transportation and freight brokerage industry.
With respect to Defendant Ridgeline Freight Carriers LLC, the protections of the SCRA apply only to natural persons who are members of the uniformed services of the United States. Ridgeline Freight Carriers LLC is an Oklahoma limited liability company and is not a natural person. Accordingly, the SCRA does not apply to Ridgeline, and no declaration or affidavit regarding military service status is required with respect to that Defendant.
V. REQUEST FOR ENTRY OF DEFAULT
Based on the foregoing representations and certifications, Plaintiff Stonefield Logistics Group Inc. respectfully requests that the Clerk of the 134th Judicial District Court of Dallas County, Texas, enter default against both Defendants in this action, as follows:
1. Ridgeline Freight Carriers LLC — Plaintiff requests that the Clerk enter default against Defendant Ridgeline Freight Carriers LLC for its failure to file an answer or any other responsive pleading by the applicable deadline of March 27, 2024. Ridgeline was duly served with process through the Texas Secretary of State on February 26, 2024, and has wholly failed to answer, appear, or otherwise respond in this action.
2. Gerald "Gerry" Brashear, Individually — Plaintiff requests that the Clerk enter default against Defendant Gerald "Gerry" Brashear, individually, for his failure to file an answer or any other responsive pleading by the applicable deadline of March 18, 2024. Brashear was personally served with process on February 22, 2024, at his residence in Edmond, Oklahoma, and has wholly failed to answer, appear, or otherwise respond in this action.
Plaintiff states that upon entry of default by the Clerk against both Defendants, Plaintiff intends to thereafter file a Motion for Default Judgment requesting that this Court enter a final default judgment jointly and severally against both Defendants for all damages, including but not limited to actual damages, consequential damages, pre-judgment interest at the applicable statutory rate, reasonable and necessary attorneys' fees and expenses, court costs, and all other relief as set forth in Plaintiff's Original Petition.
Plaintiff further requests all such other and further relief, both general and special, at law and in equity, to which Plaintiff may show itself to be justly entitled.
VI. PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff Stonefield Logistics Group Inc. respectfully requests that the Clerk of the 134th Judicial District Court of Dallas County, Texas, enter default against Defendant Ridgeline Freight Carriers LLC and Defendant Gerald "Gerry" Brashear, individually, for their respective failures to timely answer or otherwise appear in this cause, and that upon entry of such default, Plaintiff be permitted to proceed to seek a default judgment against Defendants for all damages, pre-judgment interest, attorneys' fees, costs of court, and such other and further relief, both general and special, at law and in equity, as the Court deems just and proper.
Respectfully submitted,
CALDERWOOD & HARKNESS LLP
By: ________
Priya Anand State Bar No. 24098312 2200 Ross Avenue, Suite 3600 Dallas, Texas 75201 Telephone: (214) 555-7100 Facsimile: (214) 555-7101
Email: panand@calderwoodharkness.com
________________________________________
Jeffrey Park State Bar No. 24112785 2200 Ross Avenue, Suite 3600 Dallas, Texas 75201 Telephone: (214) 555-7118 Facsimile: (214) 555-7101
Email: jpark@calderwoodharkness.com
ATTORNEYS FOR PLAINTIFF STONEFIELD LOGISTICS GROUP INC.
VERIFICATION / ATTORNEY'S DECLARATION
DECLARATION UNDER PENALTY OF PERJURY
I, Jeffrey Park, am the lead associate attorney for Plaintiff Stonefield Logistics Group Inc. in the above-captioned matter. I am a member in good standing of the State Bar of Texas and am duly authorized to practice law in this Court. I make this declaration based upon my personal knowledge, my review of the official court file in Cause No. DC-24-01847, the returns of service and certificates of service attached hereto as Exhibits A and B, and communications with the client and with co-counsel.
I hereby declare under penalty of perjury under the laws of the State of Texas and the United States of America that the following is true and correct:
1. The statements contained in the foregoing Certificate of Last Known Address of Defendants and Request for Entry of Default are true and correct to the best of my knowledge, information, and belief.
2. The addresses set forth in Section I of the foregoing Certificate are, to the best of my knowledge, information, and belief, the last known mailing addresses for each Defendant.
3. I have personally reviewed the official docket and filing records maintained by the Clerk of the 134th Judicial District Court of Dallas County, Texas for Cause No. DC-24-01847 and confirm that, as of the date of this declaration, neither Defendant Ridgeline Freight Carriers LLC nor Defendant Gerald "Gerry" Brashear has filed an answer, responsive pleading, appearance, motion for extension of time, or any other document in this cause.
4. Based upon a review of the United States Department of Defense Manpower Data Center records, I am informed and believe that Defendant Gerald "Gerry" Brashear is not currently serving in the military service of the United States.
5. The returns of service and certificates of service attached hereto as Exhibits A and B are true and correct copies of the documents received by counsel for Plaintiff.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on April 2, 2024, in Dallas, Dallas County, Texas.
________________________________________
Jeffrey Park State Bar No. 24112785 Calderwood & Harkness LLP 2200 Ross Avenue, Suite 3600 Dallas, Texas 75201
CERTIFICATE OF SERVICE
I hereby certify that on April 2, 2024, a true and correct copy of the foregoing Plaintiff's Certificate of Last Known Address of Defendants and Request for Entry of Default, together with all exhibits attached thereto, was served on each Defendant at their respective last known addresses by certified mail, return receipt requested, as follows:
Ridgeline Freight Carriers LLC 7820 South Meridian Avenue Oklahoma City, Oklahoma 73159 Via Certified Mail, Return Receipt Requested
Gerald "Gerry" Brashear 2314 Quail Creek Drive Edmond, Oklahoma 73034 Via Certified Mail, Return Receipt Requested
________________________________________
Jeffrey Park State Bar No. 24112785 Calderwood & Harkness LLP 2200 Ross Avenue, Suite 3600 Dallas, Texas 75201
EXHIBIT LIST
The following exhibits are attached to and incorporated by reference into this Certificate of Last Known Address of Defendants and Request for Entry of Default:
Exhibit A: Return of Service / Proof of Personal Service on Gerald "Gerry" Brashear, executed by the process server on February 22, 2024, confirming personal delivery of citation and Plaintiff's Original Petition to Gerald "Gerry" Brashear at 2314 Quail Creek Drive, Edmond, Oklahoma 73034.
Exhibit B: Certificate of Service from the Texas Secretary of State / Proof of Substitute Service on Ridgeline Freight Carriers LLC, dated February 26, 2024, confirming receipt of process by the Secretary of State and forwarding of the same to Ridgeline Freight Carriers LLC at its principal office address of 7820 South Meridian Avenue, Oklahoma City, Oklahoma 73159.
EXHIBIT A
Return of Service / Proof of Personal Service on Gerald "Gerry" Brashear
(dated February 22, 2024)
[Document attached separately]
EXHIBIT B
Certificate of Service from the Texas Secretary of State / Proof of Substitute Service on Ridgeline Freight Carriers LLC
(dated February 26, 2024)
[Document attached separately]
STONEFIELD LOGISTICS GROUP INC.,
Plaintiff,
v.
RIDGELINE FREIGHT CARRIERS LLC and GERALD "GERRY" BRASHEAR, Individually,
Defendants.