Case 2:17-cv-00332 Document 2 Filed in TXSD on 10/24/17 Page 1 of 15

EXHIBIT A-1
 Case 2:17-cv-00332 Document 2 Filed in TXSD on 10/24/17 Page 2 of 15
Filed
9/22/2017 5:37 PM
Anne Lorentzen
District Clerk
Nueces County, Texas

201 7CCV-61 780-4

CAUSE NO,

OCEAN VIEW DEVELOPMENT, LTD., IN THE COUNTY COURT AT LAW

PORT SHORE INVESTMENTS, INC.,
VISHAL INVESTMENTS, LTD., PORTLAND
PROPERTIES, INC., JVM HOTEL, LLC, and
PORTLAND DEVELOPMENT, INC.

Plaintiffs,

V. NO.

VOESTALPINE TEXAS HOLDING LLC and

VOESTALPINE TEXAS LLC

Defendants. NUECES COUNTY, TEXAS

PLAINTIFFS' ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

Plaintiffs Ocean View Development, Ltd., Port Shore Investments, Inc., Vishal Investments,

Ltd., Portland Properties, Inc., JVM Hotel, LLC and Portland Development, Inc. (collectively,

"Plaintiffs") file this Original Petition and Request for Disclosure against voestalpine Texas Holding

LLC ("voestalpine Holding") and voestalpine Texas LLC ("voestalpine Texas") (collectively,

"Defendants"), and for cause of action would show the Court as follows:

I.
DISCOVERY-CONTROL PLAN

1.1 Plaintiffs intend to conduct discovery under Level 3 of Texas Rule of Civil Procedure

190.4 and affirmatively plead that this suit is not governed by the expedited-actions process in Texas

Rule of Civil Procedure 169 because Plaintiffs seek relief over $100,000.00.

II.
RELIEF

2.1 Plaintiffs seek monetary relief over $1,000,000.00.

RFD Page 1
Or/Al//al Pc/i/ion wi/h
 Case 2:17-cv-00332 Document 2 Filed in TXSD on 10/24/17 Page 3 of 15

III.
THE PARTIES

3.1 Plaintiff Ocean View Development, Ltd. is a Texas limited partnership with its

principal place of business in Rockport, Aransas County, Texas.

3.2 Port Shore Investments, Inc. is a Texas for-profit corporation with its principal place

of business in Rockport, Aransas County, Texas.

3.3 Vishal Investments, Ltd, is a Texas limited partnership with its principal place of

business in Portland, San Patricio County, Texas.

3.4 Portland Properties, Inc. is a Texas for-profit corporation with its principal place of

business in Rockport, Aransas County, Texas.

3.5 JVM Hotel, LLC is a Texas limited liability company with its principal place of business

in Rockport, Aransas County, Texas.

3.6 Portland Development, Inc. is a Texas for-profit corporation with its principal place

of business in Rockport, Aransas County, Texas,

3.7 Defendant voestalpine Texas Holding LLC ("voestalpine Holding") is a foreign

limited liability company, having its principal place of business in Portland, Texas and may be served

with process through its registered agent for service, CT Corporation System, 1999 Bryan Street,

Suite 900, Dallas, Texas 75201-3136,

3,8 Defendant voestalpine Texas LLC ("voestalpine Texas") is a foreign limited liability

company, having its principal place of business in Portland, Texas and may be served with process

through its registered agent for service, CT Corporation System, 1999 Bryan Street, Suite 900,

Dallas, Texas 75201-3136.

Otgia/ Pet//jo,, wj/b RED Page 2

 Case 2:17-cv-00332 Document 2 Filed in TXSD on 10/24/17 Page 4 of 15

Iv.
JURISDICTION & VENUE

4.1 This Court has jurisdiction over the lawsuit because the amount in controversy exceeds

this Court's minimum jurisdictional requirements.

4.2 Venue is proper in Nueces County, Texas pursuant to Texas Civil Practice and

Remedies Code 15.002(a)(1) because all or a substantial part of the events or omissions giving rise

to the claim occurred in Nueces County, Texas. Specifically, the voestalpine direct reduction facility

(the "Project") is located in Nueces County, Texas.'

V.
FACTS

5.1 The voestalpine Group ("voestalpine") is a steel-based technology and capital goods

group and a world leader in the manufacture, processing, and development of sophisticated steel

products.2 voestalpine supplies technology-intensive sectors, such as the automotive, railway, aviation,

and energy industries.'

5.2 Defendant voestalpine Texas LLC ("voestalpine Texas") is the local presence of the

voestalpine Group in South Texas and a I00% subsidiary of voestalpine AG.

5,3 The Project is voestalpine's largest foreign direct investment and purportedly a major

step in achieving a low-carbon economy. Specifically, the Project converts pee-processed iron oxide

pellets into highly metallized iron in the form of Hot Briquetted Iron (HBI).

The Project is also located in San Patricio County, Texas.

2 ijllphLi\v\v\v, vcstalpine.com/ ECN.3Lct1 /CdBflpjffl.

Id,

4 See

OrginaI Petit/on with RED Page 3

 Case 2:17-cv-00332 Document 2 Filed in TXSD on 10/24/17 Page 5 of 15

5.4 Defendants claim that the layout of the Project is "designed with our neighboring

communities and the environment in mind, The application of best available emission control

technologies, the construction of berms and buffer zones and the creation of artificial shallow water

habitats ensures that this state-of-the-art facility will have no adverse effect on neighboring

communities, fauna and flora."

5.5 Indeed, Defendants claim to be individually accountable and collectively responsible

by and through the following:

We will operate in a way that is safe for the community and our employees

We will engage in and honest and open dialogue and respond quickly and fully to
questions

We will provide the community a Project update on a regular basis through a range of
communications channels

We will strive to minimize our environmental footprint. We are committed to

protecting water resources and the existing flora and fauna.

We will provide opportunities for local businesses to maximize the Project's local
content

We will maximize opportunities for local employment and training by working with
government and regional educational and training institutions,"

5.6 During operations at the Project, "black material" in particulate form was emitted

from the Project and onto private property in Portland, Texas. Defendant voestalpine Texas refers to

the particulate matter as the "black material" in a June 1, 2017 press release.'

See htrp://www.vocstaloine.coni /texas/en/Proiect/Tlie-Site.

See h tt p:/ /i.'wv.vocsta1pinc.coni/tcxas /ea/Coniniui.

7 See h ttp:// www.vaestalpae.c ia/texas/en/News.

Ongma/ Pc/i/ion with RFD Page 4

 Case 2:17-cv-00332 Document 2 Filed in TXSD on 10/24/17 Page 6 of 15

5.7 The ''black material" originated from operations at the Project in the months of April,

May, June, July, August, September 2017 and landed on Plaintiffs' properly in the months of April,

May, June, July, August, September 2017.

5.8 The ''black material" can (and does) cause rust, it is corrosive, has magnetic and

metallic properties and sticks to real and personal property.

5.9 Defendant voestalpine Texas was aware of the potential for "fugitive dust" from iron

oxide storage before plant completion at the Project and even represented to the public that there

would be closed storage to eliminate fugitive dust from the Project.

5,10 On May 28, 2017, however, a fly-over confirmed that the iron oxide pellet storage was

not covered at the Project.

5.11 Before June 7, 2017, Defendant voestalpine Texas represented to the public that the

"black material" was from temporary operations conducted at the Project.

512 On June 7, 2017, however, a fly-over confirmed that the iron oxide pellet storage was

still not covered at the Project.')

5.13 Defendant voestalpine Texas knew prior to April 1, 2017 that fugitive dust from the

Project would he picked up by the wind and would be dropped on Plaintiffs' property in Portland,

Texas,

5.14 Defendant voestalpine Texas knew prior to April 1, 2017 that the Portland, Texas area

has strong south and southeast winds.

5.15 Defendant voestalpine Texas accepts responsibility for creating the "black material"

and has agreed to pay for certain property damage caused by the "black material" in Portland, Texas.

'
hi ills:

O,i,ina/ Pc/i/wi, mi/h RFD Page 5

 Case 2:17-cv-00332 Document 2 Filed in TXSD on 10/24/17 Page 7 of 15

5,16 The. "black material" contains iron and as of April 1, 2017, Defendant voestalpine

Texas knew that the ''black material" contained it-on.

5.17 The potential for fugitive ''black material" to migrate to private property decreases

property value of homes in Portland, Texas.

5.18 Plaintiffs have been damaged as a direct result of the emissions of "black material"

onto the properties they own and/or operate in Portland, Texas.

5.19 Upon information and belief, the black dust that emanated (and continues to emanate)

from the Project is potentially harmful and/or corrosive and poses an immediate threat to the property

of Plaintiffs.

5.20 Upon information and belief, Defendants share common officers and directors and

share common ownership.

5.21 Upon information and belief, Defendants were set up for voestalpine AG's Texas

operations, including the operation of the Project in Portland, Texas.

5.22 Upon information and belief, Defendants operate with little to no distinction among

themselves as separate entities.

VI.
CAUSES OF ACTION

NEGLIGENCE

6.1 Plaintiffs incorporate by reference each preceding paragraph as though fully set forth

herein.

6.2 Plaintiffs were foreseeable victims of voestalpine Texas, LLC's operations.

6.3 voestalpine Texas, LLC owed a legal duty to act as a reasonably prudent landowner.

6.4 voestalpine Texas, LLC had knowledge that if not covered and contained, fugitive dust

would migrate off of its property by the wind.

OnAinal Petitie;, ipith RFD Page 6

 Case 2:17-cv-00332 Document 2 Filed in TXSD on 10/24/17 Page 8 of 15

6.5 By the failure to exercise reasonable care, the fugitive "black material" in particulate

form left the Project and landed on the property of Plaintiffs,

6.6 Plaintiffs allege that the "black material" emissions from the Project and the resulting

injuries and damages suffered by Plaintiffs were (and continue to be) caused by the negligence and

fault of Defendants, including but not limited to the following acts and omissions:

a. Failure to maintain a safe work place;

b. Failure to have a reliable system or device at the Project to prevent the release
and/or warn of the release of "black material" and other potentially harmful
toxins;

C. Failure to perform work in a safe and prudent manner;

d. Failure to exercise reasonable and prudent care in the operations which were
occurring at the Project on the date(s) at issue;

e. Failure to implement, follow and enforce proper operations procedures;

Failure to implement, follow and enforce proper safety procedures;

g. Failure to implement, follow, and enforce proper hazard analysis;

Operating the Project with institutional ignorance of and/or defiance to a

culture of safety and accountability;

i. Failing to inspect and maintain the equipment associated with the direct
reduction process;

Causing and permitting to be caused a release of numerous toxins and other

unknown particulate matter into the community(ies) in and around the Project;

Operating the Project without appropriate and trained staffing and

supervision;

I. Operating the Project with equipment and processes that defy reasonable
engineering, industry and regulatory practices;

M. Managerial acceptance or encouragement of normalized deviation from

appropriate direct reduction procedures;

n. Failing to implement, follow, enforce and/or train regarding proper hazard

analysis;

Ongi/la/ ]etition n',Ib RED Page 7

 Case 2:17-cv-00332 Document 2 Filed in TXSD on 10/24/17 Page 9 of 15

o. Failing to maintain a reliable system and/or device at the Project to prevent

the release or to warn of the release of toxic and poisonous chemicals;

P. Undertaking a conscious effort to reduce costs and staffing at the expense of

safety;

q. Failing to adopt proper operating procedures at the Project;

r. Failing to comply with proper operating procedures at the Project;

s, Improperly supervising and failing to supervise operation of the Project;

t. Ratifying and approving improper and dangerous operating procedures,

routines and practices at the Project;

U. Failing to follow industry best practices and/or standards for preventing

and/or warning of the release of "black material" and other potentially harmful
toxins;

v. Failing to follow industry best practices and/or standards for sequestering the
"black material" and other potentially harmful toxins;

W. Failing to properly supervise, instruct, train, and/or manage employees and/or

contractors regarding the proper prevention, storage, sequestering, and
warning practices for the "black material" and other potentially harmful toxins;

X, Retaining, but failing to properly exercise, control over contractors, and

Y. Such other acts and omissions which may be discovered through discovery
and presented at trial.

6,7 As a result of these negligent acts and omissions, Plaintiffs have been damaged.

GROSS NEGLIGENCE

6.8 Plaintiffs incorporate by reference each preceding paragraph as though fully set forth

herein.

6.9 Plaintiffs would show that the conduct of Defendants described herein constitutes

gross negligence. Defendants are liable to Plaintiffs for gross negligenceto wit:

a. Defendants consciously and/or deliberately engaged in recklessness, willfulness,

wantonness and/or malice through Defendants' actions and/or inactions and

Ongi;rn/ Pelithm with RFD Page 8

 Case 2:17-cv-00332 Document 2 Filed in TXSD on 10/24/17 Page 10 of 15

Defendants should be held liable in punitive and exemplary damages to

Plaintiffs;

b, Defendants' actions or inactions directly and proximately caused injuries to

Plaintiffs, which resulted in the damages detailed below.

6.10 voestalpine Texas, LLC's own \vebsite confirms it had knowledge about the potential

for fugitive dust migrating off of the Project if not covered and contained.

6.11 Despite such knowledge, voestalpine Texas, LLC intentionally failed to cover and

contain the "black material."

6.12 Defendants' grossly negligent conduct proximately caused Plaintiffs' damages. As a

result of such gross negligence of Defendants, Plaintiffs are entitled to exemplary damages.

NEGLIGENCE PER SE

6.13 Plaintiffs incorporate by reference each preceding paragraph as though fully set forth

herein.

6.14 Defendants' actions violate Texas law (including without limitation, the Texas Clean

Air Act, Chapter 382 of the Texas Health and Safety Code, Chapter 7 of the Texas Water Code, and

TCHQ rules and orders promulgated under these statutes) which are intended to protect the public's

health and safety by regulating plant operations, emissions and the reporting of toxic chemical

emissions, releases, leaks and spills. Plaintiffs are among those classes of persons intended to be

protected by the environmental laws of this state.

6.15 As a result of these unprecedented acts and omissions by Defendants, such violations

of state law have resulted in a breach of duty to Plaintiffs.

6.16 The aforementioned flagrant and continuous violations by the Defendants of state

laws and regulations have been and presents the proximate cause of Plaintiffs' damages.

Or/gitial Pg/i/ion ;pith RED Page 9

 Case 2:17-cv-00332 Document 2 Filed in TXSD on 10/24/17 Page 11 of 15

STRICT LIABILITY FOR ULTRA-HAZARDOUS ACTIVITY

6.17 Plaintiffs incorporate by reference each preceding paragraph as though fully set forth

herein.

6.18 Plaintiffs further allege that the operation of the Project in its original and defective

condition was extremely hazardous and fraught with danger, and therefore, constituted an ultra-

hazardous activity under Texas law.

6.19 Accordingly, Defendants are strictly liable for Plaintiffs' injuries and damages

proximately caused by the release of the "black material" into the atmosphere.

PUBLIC AND PRIVATE NUISANCE

6,20 Plaintiffs re-allege each and every allegation set forth above.

6,21 Plaintiffs own or occupy land and real property near the Project and have been (and

continue to be) affected by Defendants' conduct during the relevant time period.

6.22 Defendants' acts and omissions, beginning no later than April 1, 2017, caused the

Project to be a private and public nuisance and a nuisance pet, se.

6.23 The ongoing release of the "black material" substantially trespassed upon, interfered

with, and invaded Plaintiffs' use and enjoyment of their land and real property.

6.24 Defendants' acts and omissions clearly impair the comfortable enjoyment of life and

property for Plaintiffs and have caused Plaintiffs extreme annoyance, discomfort, fear and loss of

peace of mind.

6.25 Further, the acts and omissions complained herein caused contamination of Plaintiffs'

property.

6.26 Defendants, for their own purpose and economic profit, chose to create, handle,

maintain in the uncovered and unsecured condition the "black material" at the Project.

Otiginal Pr//fib,, rn//h RED Page 10

 Case 2:17-cv-00332 Document 2 Filed in TXSD on 10/24/17 Page 12 of 15

6.27 In doing so, Defendants permitted the "black material" to be released into the

atmosphere.

6.28 Defendants' conduct in permitting the "black material" to be released on to the

property of Plaintiff is actionable under the rules controlling liability for negligent or reckless conduct,

or for abnormally dangerous conditions or activities or instrumentalities.

6.29 Because Defendants created an abnormally dangerous condition and because

Defendants engaged in an abnormally dangerous activity, Defendants are strictly liable to Plaintiffs

for any harm and injury caused by the "black material."

6.30 As a direct and proximate consequence of the nuisance created by Defendants,

Plaintiffs have been damaged.

TRESPASS To REAL AND PERSONAL PROPERTY

6.31 Plaintiffs incorporate by reference each preceding paragraph as though fully set forth

herein.

6.32 Plaintiffs would show that Defendants, in furtherance of their business interests,

caused the aforementioned "black material" to be produced and released during the conduct of their

business at the Project.

6.33 Defendants, at all relevant times, negligently, recklessly or intentionally, or as a result

of the abnormally dangerous activity at the Project, caused the property of Plaintiffs to he invaded by

the aforementioned the "black material", causing great and substantial harm to the Plaintiffs.

6.34 Defendants' operations at the Project caused the "black material" to enter Plaintiffs'

personal property.

6.35 Defendants' operations at the Project caused the "black material" to enter Plaintiffs'

real property.

6.36 Plaintiffs did not consent to Defendants causing the "black material" to enter their

Oaginal Petit/c,, ,p/ib RH) Page 11

 Case 2:17-cv-00332 Document 2 Filed in TXSD on 10/24/17 Page 13 of 15

property, real or personal.

6.37 As a direct and proximate result of Defendants' trespass, Plaintiffs have been damaged.

VII.
DAMAGES

7.1 Plaintiffs have suffered actual damages some of which include, but are not limited to:

a) Property damage;

b) Out of pocket damages related to the removal of the substance and continued
maintenance to real property;

c) Out of pocket damages related to the removal of the substance and continued
maintenance to personal property;

d) Diminished market value and/or complete loss of market value of real property;

e) Loss of use and enjoyment of teal and personal property; and

0 Other property and economic damages which will be more clear after further
inquiry is made and which will accrue over time,

VIII.
EXEMPLARY DAMAGES

8,1 Asja result of the gross negligence of Defendants, they should have exemplary damages

assessed against them in such an amount as the jury may find appropriate.

8,2 Such gross negligence was a proximate cause of the incident made the basis of this

suit, the injuries to Plaintiffs, and the damages sustained by the Plaintiffs.

IX.
JURY DEMAND

9.1 Plaintiffs demand a jury trial and tender the appropriate fee with this petition.

X.
CONDITIONS PRECEDENT

10,1 All conditions precedent to Plaintiffs' claims for relief have been performed or have

occurred,

XI.

Ongiiial Petition ,pitb RED Page 12

 Case 2:17-cv-00332 Document 2 Filed in TXSD on 10/24/17 Page 14 of 15

REQUEST FOR DISCLOSURE

11.1 Pursuant to Texas Rule of Civil Procedure 194, Plaintiffs request that Defendants

disclose, within fifty (50) days of the service of this request, the information or material described in

Rule 1942.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that Defendants be cited to

appear and answer herein, that this cause be set for trial before a jury, and that Plaintiffs have and

recover judgment of and from Defendants, jointly and severally, for their actual and exemplary

damages in such amount as the evidence may show and the jury may determine to be proper, together

with attorneys' fees, prejudgment interest, post-judgment interest, costs of court, and such other and

further relief to which they may show themselves to be justly entitled.

Ongitia/ Pet/lion up//b RED Page 13

 Case 2:17-cv-00332 Document 2 Filed in TXSD on 10/24/17 Page 15 of 15

Dated: September 22, 2017 Respectfully submitted,

ANDERSON2X, PLLC

By: /5/ CIIIA/exande,

Clif Alexander
Texas Bar No. 24064805

Austin W. Anderson
Texas Bar No. 24045189

819 N. Upper Broadway

Corpus Christi, Texas 78401
Telephone: (361) 452-1279
Facsimile: (361) 452-1284

LILES WHITE PLLC

By: Is! Stain? K J7bite

Stuart R. White
Texas Bar No, 24075268
stuart@lilcswhi tc.com
Kevin W. Liles
Texas Bar No. 00798329
kevi n1ti!ileswhi te.com
500 N. Water Street, Suite 800
Corpus Christi, Texas 78401
Telephone: (361) 826-0100
Facsimile: (361) 826-0101

FRAZER PLC

By: Is! I Roe Frazer 11

T. Roe Frazer II (Pro Hac Vice Anticipated)
Tennessee Bar No, 35785
roe(ll1irazer.law
Daniel Beasley (Pro Hac Vice Anticipated)
Tennessee Bar No. 027091
11'ayeI'.la\\'
I Burton Hills Blvd., Suite 215
Nashville, Tennessee 37215
Telephone: (615) 647-0990

ATTORNEYS FOR PLAINTIFFS

Onina/ Pete/ion n'ith RE') Page 14

Case 2:17-cv-00332 Document 2-1 Filed in TXSD on 10/24/17 Page 1 of 3

EXHIBIT A-2
10/19/2017 odypa.co.nueces.tx.us/PublicAccess/CaseDetail.aspx?CaselD=2471640
Case 2:17-cv-00332 Document 2-1 Filed in TXSD on 10/24/17 Page 2 of 3
Skip to Main Content Logout My Account Search Menu New Civil & Family Search Ref111e Search Back Location All Courts Help

REGISTER OF ACTIONS
CASE No. 2017CCV-61780-4

I Make Payment j
Ocean View Development, Ltd.,Port Shore Investments, lnc.,Vlshal Case Type: Injury or Damage Other
Investments, Ltd., et al vs. Voestalplne Texas Holding LLC,Voestalpine Date Filed: 09/22/2017
Texas LLC Location: CCAL4

pAllTY INFORMATION

Attorneys
Defendant Voestalplne Texas Holding LLC

Defendant Voestalplne Texas LLC

Plalntlff JVM Hotel, LLC Cllf Alexander

Retained
361-452-1279(W)

Stuart R. White
Retained
361-826-01 OO(W)

Plaintiff Ocean View Development, Ltd. Clif Alexander

Retained
361-452-1279(W)

Stuart R. White
Retained
361-826-0100(W)

Plaintiff Port Shore Investments, Inc. Cllf Alexander

Retained
361-452-1279(W)

Stuart R. White
Retained
361-826-0tOO(W)

Plaintiff Portland Development, Inc. Clif Alexander

Retained
361-452-1279(W)

Stuart R. White
Retained
361-826-01 OO(W)

Plalntlff Portland Properties, Inc. Cllf Alexander

Retafned
361-452-1279(W)

Stuart R. White
Retained
361-826-0100(W)

Plalntlff Vlshal Investments, Ltd. CUf Alexander

Retained
361-452-1279(W)

http:f/odypa.co.nueces.tx.us/PublicAccess/CaseDetail.aspx?CaselD=2471640 112
10/19/2017 odypa.co.nueces.tx.us/PublicAccess/CaseDelail.aspx?CaselDao2471640
Case 2:17-cv-00332 Document 2-1 Filed in TXSD on 10/24/17 Page 3 of 3
Stuart R. While
Retained
361-82S.01 OO(W)

EVENTS & ORDERS OF TKE Co~irr

OTHER EVENTS AND HEARINGS

0912212017 Original Petition (OCA)
09/2212017 Orlglnal PetlUon Documents E-filed
Plaintiffs' Original Petition And Request For Disclosuro
09/22/2017 Civil Case Information Sheet
09/22/2017 Service Request Information Sheet
Service Requested
10/05/2017 Citation
Voestalpine Texas Holding LLC Served 10/06/2017
Response Due 10/30/2017
Returned 10/17/2017
Voestalpine Texas LLC Served 10/06/2017
Response Due 10/30/2017
Returned 10/17/2017
10/17/2017 Proof of Service
Citation - Voestalpine Texas Holding LLC
10/17/2017 ProofofServle&
Citation - Voestalphine Texas LLC

Fn<ANCIAL INFORMATION

I Make Payment I
Plalntiff Ocean View Development, Ltd.
Total Financial Assessment 310.00
Total Payments and Credits 305.00
Balance Due as of 10/19/2017 5.00

09/26/2017 Transaction Assessment 305,00

09/26/2017 E-ti!e Payment Receipt# 201M5820-0CCLK Ocean View Development, Ltd. (305.00)
09/26/2017 Transaction Assessment 5.00

http:f/odypa.co.nueces.tx.us/PublicAccess/CaseDeta!l.aspx?Case[D=2471640 212
Case 2:17-cv-00332 Document 2-2 Filed in TXSD on 10/24/17 Page 1 of 3

EXHIBIT A-3
 Case 2:17-cv-00332 Document 2-2 Filed in TXSD on 10/24/17 Page 2 of 3
Filed
10/17/2017 8:23 AM
Anne Lorentzen
District Clerk
Nueces County, Texas

AFFIDAVIT OF SERVICE

State of Texas County of Nueces County At Law Court

Case Number: 201 7CC V-61 780-4

Plaintiff:
OCEAN VIEW DEVELOPMENT LTD, PORT SHORE INVESTMENTS INC,
VISUAL INVESTMENTS LID, PORTLAND PROPERTIES INC. JVM HOTEL
ISO AND PORTLAND DEVELOPMENT INC
VS.
Defendant:
VOESTALPINE TEXAS HOLDING LLC AND VOESTALPINE TEXAS LLC
For:
Ciii Alexander
Anderson2x PLLC
619 N Upper Broadway
Corpus Christi, IX 78401

Received by Alien Civil Process on the 8th day of October, 2017 at 12:56 pin to be served on Veestaipine Texas
Holding tic Registered Agent: CT CORPORATION SYSTEM, 1999 Bryan Street Suite 900, Dallas, Dallas
County, TX 75201.

I, Caries Barrera, being duly sworn, depose and say that on the 6th day of October, 2017 at 11:00 am, I:

EXECUTED by delivering to, Voestalpine Texas Holding Lie, a true copy of the. Citation and Plaintiffs Original
Petition and Request Per Disclosure with the date of service endorsed thereon by me, to: Ana Guel,
Authorized at the address of: 1999 Bryan Street Suite 900, Dallas, Dallas County, TX 15201. who is authorized
to accept service for Voestaipine Texas Holding Lic.

Description of Person Served: Age: SOs, Sex: F, Race/Skin Colon Hispanic, Height: II Weight: 200, Hair: Dark
Brown, Glasses: N

I am over eighteen, not a party to nor interested in the outcome of the above numbered suit and that I sin certified to
serve civil process. I have personal knowledge of the facts set forth in the foregoing affidavit and declare that the
statements therein contained are true and correct. I am familiar with the Rules of Civil Procedure. I have never been
convicted of a Felony or Misdemeanor involving Moral Turpitude.

NOTARY PUBLIC III \. 9 6,L

THE STATE OF .
5 Carlos Barters
PSC-6305 Exp: 6-302018
Subs,jgd and Sw fore me
the.L.... day of y 4ct tO Allen Civil Process
b the affiant who Is eiiy
Ppknown to me, 400 Mann Street Suite 902
( vict
NOTARY PUBLIC
Corpus Christi, TX 18401
(361) 684-1661

Our Job Serial Number: ALN-201 7005786

AV
= III III!
 Case 2:17-cv-00332 Document 2-2 Filed in TXSD on 10/24/17 Page 3 of 3
an
Citation for Personal Service RESIDENT

Case Number: 20I7CCV-61780-4 '1/4/

THE STATE OF TEXAS 14
NOTICE TO DEFENDANT: You have been sued. You may employ an attorney. If you or your
attorney do not file a written answer with the clerk who issued this citation by 10:00 a,m, on the Monday next
following the expiration of twenty days after you were served this citation and petition, a default judgment may
be taken against you.
TO: voestalpine Texas Holding LLC
Through It's Registered Agent, CT Corporation System
1999 Bryan Street, Suite 900
Dallas, Texas 75201-3136
the Defendant,
GREETING: You are commanded to appear by filing a written answer to the Plaintiffs Original Petition
And Request For Disclosure; Civil Case Information Sheet at or before 10:00 o'clock a.m. of the Monday
next after the expiration of 20 days after the date of service of this citation before the Honorable Mark H.
Woerner, County Court at Law #4 of Nueces County, Texas at the Courthouse of said County in Corpus
Christi, Texas. Said Petition was filed on the 22nd day of September, 2017. A copy of same accompanies this
citation.
The file number of said suit being Number: 2017CCV-61780-4

The style of the case is: Ocean View Development, Ltd., Port Shore Investments, Inc., Vishal Investments,
Ltd., et al vs. voestalpine Texas Holding LLC and voestalpine Texas LLC

Said Petition was filed in said court by Clii Alexander, attorney for Plaintiff; whose address is 819 N Upper
Broadway Corpus Christi Tx 78401

The nature of the demand is fully shown by a true and correct copy of the Petition accompanying this
citation and made a part hereof.
The officer executing this writ shall promptly mail the same according to requirement of law, and the
mandates thereof, and make due return as the law directs.
Issued and given under my hand and seal of said court at Corpus Christi, Texas, this 5th day of October,
2017
ANNE LORENTZEN, DISTRICT CLERIC
oSI'RIc%. NUECES COUNTY, TEXAS
..
901 LEOPARD STREET, ROOM 313
CORPUS CHRIST' TEXAS 78401

BY: 1 ,Deputy
Nicole Hinojosa
7 . ........
Case 2:17-cv-00332 Document 2-3 Filed in TXSD on 10/24/17 Page 1 of 3

EXHIBIT A-4
 Case 2:17-cv-00332 Document 2-3 Filed in TXSD on 10/24/17 Page 2 of 3
Filed
10/17/2017 8:22 AM
Anne Lorentzen
District Clerk
Nueces County, Texas

AFFIDAVIT OF SERVICE

State of Texas County of Nueces County At Law Court

Case Number: 2017CCV.61780-4

Plaintiff:
OCEAN VIEW DEVELOPMENT LTD, PORT SHORE INVESTMENTS INC,
VISHAL INVESTMENTS LTD, PORTLAND PROPERTIES INC, JVM HOTEL
LLC AND PORTLAND DEVELOPMENT INC
VS.
Defendant:
VOESTALPINE TEXAS HOLDING LLC AND VOESTALPINE TEXAS LLC

For:
Cli! Alexander
Anderson2X PLLC
819 N Upper Broadway
Corpus CluIsli, TX 78401

Received by Allen Civil Process on the 51h day of October, 2017 at 12:56 pm to be served on Voestalpine Texas
LLC Registered Agent CT CORPORATION SYSTEM, 1999 Bryan Street Suite 900, Dallas, Dallas County, TX
75201.

I, Carlos Barrera, being duly sworn, depose and say that on the 6th day of October, 2011 at 11:00 am, I:

EXECUTED by delivering to, Voestalpine Texas LLC, a true copy of the. Citation and Plaintiffs Original Petition
and Request For Disclosure with the date of service endorsed thereon by me, to: Ann Guol, Authorized at the
address of-, 1999 Bryan Street Suite 900, Dallas, Dallas County, IX 76201, who is authorized to accept service
for Voestatpine Texas I.I.C.

Description of Person Served: Age: aos, Sex: F, Race/Skin Color. Hispanic, Height: 56', Weight: 200, Hair: Dark
Brown, Glasses: N
I am over eighteen, not a party to nor Interested In the outcome of the above numbered suit and that I am certified to
serve civil process, I have personal knowledge of the facts set forth in the foregoing affidavit and declare that the
statements therein contained are true and correct. I am familiar with the Rules of Civil Procedure. I have never been
convicted of Felony or Misdemeanor involving Moral Turpitude.

NOTARY PUg OR.

THE STATE Carlos Barrens
PSC5305 Exp: 630-2018
Subscribed and Swb or eonaOfl
Allen Civil Process
Its ers t known tome. 400 Mann Street Suite 902
Corpus Christ!, TX 78401
(361) 884.1657
bfl V
IUAL11r.
Our Job Serial Number: ALN-2017005766

K cl
c.n,iflrs 992-2017 Da1,bon Se,flo., W PmconSn.f.TotIb*zW 1,
~r)
.

=
O"OWY

Il 11111111 Il IlIlIl Il Il 1111111 I I

 Case 2:17-cv-00332 Document 2-3 Filed in TXSD on 10/24/17 Page 3 of 3
Pu
Citation for Personal Service RESIDENT
/
Case Number: 2017CCV-61780-4

THE STATE OF TEXAS C

NOTICE TO DEFENDANT: You have been sued. You may employ an attorney. If you or your
attorney do not file a written answer with the clerk who issued this citation by 10:00 a.m, on the Monday next
following the expiration of twenty days after you were served this citation and petition, a default judgment may
be taken against you.
TO: voestalpine Texas LLC
Through It's Registered Agent, CT Corporation System
1999 Bryan Street, Suite 900
Dallas, Texas 75201-3136
the Defendant,
GREETING: You are commanded to appear by filing a written answer to the Plaintiffs Original Petition
And Request For Disclosure; Civil Case Information Sheet at or before 10:00 o'clock a.m. of the Monday
next after the expiration of 20 days after the date of service of this citation before the Honorable Mark H.
Woerner, County Court at Law #4 of Nueces County, Texas at the Courthouse of said County in Corpus
Christi, Texas. Said Petition was filed on the 22nd day of September, 2017. A copy of same accompanies this
citation.
The file number of said suit being Number: 2017CCV-61780-4

The style of the case is: Ocean View Development, Ltd., Port Shore Investments, Inc., Vishal Investments,
Ltd., et al vs. voestalpine Texas Holding LLC and voestalpine Texas LLC

Said Petition was filed in said court by Clif Alexander, attorney for Plaintiff, whose address is 819 N Upper
Broadway Corpus Christi Tx 78401

The nature of the demand is fully shown by a true and correct copy of the Petition accompanying this
citation and made a part hereof.
The officer executing this writ shall promptly mail the same according to requirement of law, and the
mandates thereof, and make due return as the law directs.
Issued and given under my hand and seal of said court at Corpus Christi, Texas, this 5th day of October,
2017.
ANNE LORENT ZEN, DISTRICT CLERK
\S T[i'1x.,. NUECES COUNTY, TEXAS
- .. ... 901 LEOP ARD STREET, ROOM 313
CORPUS CHRIST!, TEXAS 78401

.
4 BY:t
Nicole Hrnojosa
Deputy