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IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

WACO DIVISION 

ADVANCED EQUIPMENT RENTAL, 

LLC, 

Plaintiff,

v. 

J-BAR SERVICES, LLC, 

Defendants. 

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CIVIL ACTION NO. 6:20-CV-00214 

PLAINTIFF’S ORIGINAL COMPLAINT 

Plaintiff Advanced Equipment Rental, LLC (“Advanced Equipment”) alleges claims for 

breach of contract, quantum meruit, money had and received, and suit on sworn account against 

Defendant J-Bar Services, LLC (“J-Bar”). 

I. THE PARTIES

1. Advanced Equipment is a Louisiana limited liability company whose sole member, 

Jerry Sweeney, is a citizen of Louisiana. 

2. J-Bar is a Texas limited liability company whose sole member, John Lutz, Jr., is a 

citizen of Texas. J-Bar’s address is 2926 Old Hickory Grove, Franklin, Texas 77856. 

II. JURISDICTION AND VENUE

3. The Court has diversity jurisdiction over this matter pursuant to 28 U.S.C. § 

1332(a)(1) because the amount in controversy exceeds $75,000, exclusive of interest and costs, 

and this matter is a case between citizens of different states. 

4. Venue is proper in this district under 28 U.S.C. § 1391(b)(1) because J-Bar, upon 

information and belief, resides in this district and under § 1391(c)(2) because J-Bar is subject to 

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personal jurisdiction in this district. Venue is also proper under § 1391(b)(2) because a substantial 

part of the events or omissions giving rise to the claim occurred in this district. 

III. FACTS

5. On or around October 2018, J-Bar agreed and began to rent equipment from 

Advanced Equipment to service certain oil and gas wells near West Seminole, Texas (the “Rented 

Equipment”). It was the practice of Advanced Equipment to deliver the Rented Equipment to JBar’s office in Franklin, Texas upon J-Bar’s request. Advanced equipment sent invoices for the 

Rented Equipment via electronic mail to J-Bar services and J-Bar received said invoices. The 

invoices became due and owing upon receipt. 

6. From October 15, 2018 to July 31, 2019, Advanced Equipment sent invoices for 

Rented Equipment that were requested by and furnished to J-Bar, consistent with the parties’ 

practice. The Rented Equipment is specifically described and identified in the attached invoices 

identified as Exhibit A1 (the “Unpaid Invoices”). 

7. At no point did J-Bar reject the equipment identified in Exhibit A1, assert that it 

did not receive the equipment, or indicate that the equipment was somehow defective near or at 

the time the Unpaid Invoices were issued. 

8. These invoices have long been due and owing to Advanced Equipment but J-Bar 

has refused to satisfy its contractual debt. On December 16, 2019, Advanced Equipment sent a 

“Demand Letter and Presentment Pursuant to [TEX. CIV. P. & REM. CODE] §38.002” to J-Bar 

requesting payment for the Unpaid Invoices that total $173, 302.07. 

9. On January 14, 2020, Advanced Equipment sent a second demand letter to J-Bar. . 

J-Bar has not made a single payment against the outstanding balance owed on the Unpaid Invoices, 

much of which are more than 12-18 months past due. 

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11. Advanced Equipment now seeks to recover the $173,302.07 that J-Bar has refused 

to pay, along with interest, attorneys’ fees, and court costs. 

12. All conditions precedent to Advanced Equipment’s claims have occurred, have 

been performed by Advanced Equipment, or have been waived. 

CAUSES OF ACTION

A. Breach Contract

13. Advanced Equipment incorporates by reference the allegations set forth in 

Paragraphs 1-12. 

14. The agreement between the parties is valid, binding, and enforceable. 

15. Advanced Equipment fully performed and satisfied all of its obligations under the 

parties’ agreement, including all conditions precedent prior to filing suit. 

16. The parties’ agreement required J-Bar to pay Advanced Equipment the amounts for 

the Rented Equipment upon receipt. J-Bar failed to pay invoices totaling $173,302.07 for the 

Rented Equipment identified in Exhibit A1 that J-Bar rented from Advanced Equipment. 

17. As a result of J-Bar’s breaches, Advanced Equipment has suffered significant 

financial harm and direct economic loss. 

B. Quantum Meruit

18. Advanced Equipment incorporates by reference the allegations set forth in 

Paragraphs 1-12. 

19. Advanced Equipment provided and rented equipment to J-Bar. The reasonable 

rental value of the Rented Equipment furnished in Exhibit A1 is $173,302.07. 

20. J-Bar agreed to pay Advanced Equipment for the Rented Equipment which were 

for the benefit of, and were accepted and retained by, J-Bar. 

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21. Although Advanced Equipment has demanded payment from J-Bar, J-Bar has 

failed to and/or refused to tender payment of the amounts due and owing to Advanced Equipment 

for the Rental Equipment identified in Exhibit A1. 

22. It is unjust and inequitable for J-Bar to retain the benefit and value of the Rented 

Equipment furnished by Advanced Equipment without paying for them. 

C. Money Had And Received

23. Advanced Equipment incorporates by reference the allegations set forth in 

Paragraphs 1-12. 

24. Advanced Equipment furnished the Rental Equipment with the expectation that JBar would pay Advanced Equipment for such equipment. 

25. By refusing to pay Advanced Equipment for the Rented Equipment, J-Bar is 

withholding money that in equity and good conscience belongs to Advanced Equipment. 

D. Suit on Sworn Account 

26. Advanced Equipment incorporates by reference the allegations set forth in 

Paragraphs 1-12. 

27. Advanced Equipment furnished the Rented Equipment to J-Bar on an account. JBar accepted the Rented Equipment and became bound to pay Advanced Equipment for the 

Unpaid Invoices, which total $173,302.07. Such charges were reasonable and customary for the 

Rented Equipment. 

28. Advanced Equipment attaches the required affidavit as Exhibit A and invoices 

charged to J-Bar’s account as Exhibit A1. The Unpaid Invoices accurately state, identify, and 

describe the Rented Equipment that Advanced Equipment furnished to J-Bar, the dates such 

equipment was in J-Bar’s possession, and the charges J-Bar incurred for the Rented Equipment. 

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The invoices are records which Advanced Equipment keeps and maintains in the ordinary course 

of its business. 

29. The principal balance due on the account for Rented Equipment furnished by 

Advanced Equipment is $173,302.07. This claim is just and true, it is due, and all just and lawful 

offsets, payments, and credits have been allowed. 

E. Attorneys’ Fees

30. Advanced Equipment is entitled to recover reasonable and necessary attorneys’ fees 

under TEX. CIV. PRAC. & REM. CODE §38.001. Advanced Equipment presented its claim to J-Bar 

multiple times prior to filing this lawsuit. J-Bar did not tender the amount owed within 30 days of 

when the claim was presented. As a result, Advanced Equipment was required to retain counsel 

to recover the contractual debt J-Bar owes to Advanced Equipment. 

PRAYER FOR RELIEF

31. Advanced Equipment requests all relief to which it may be justly entitled at law 

and in equity, including: 

a. $173,302.07 in damages; 

b. Attorneys’ fees; 

c. Court costs; 

d. Pre- and post-judgment interest from the earliest date, and at the highest 

rate, allowed by law; and 

e. Further relief as the Court deems just and proper. 

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Dated: March 23, 2020 

Respectfully submitted, 

JONES WALKER LLP 

/s/ Tiffany C. Raush

TIFFANY C. RAUSH 

Texas Bar No. 24099090 

EWAEN U. WOGHIREN (Admission Pending) 

Texas Bar No. 24098628 

811 Main Street, Suite 2900 

Houston, Texas 77002 

Telephone No.: 713-437-1800 

Facsimile No.: 713-437-1810 

Email: traush@joneswalker.com

Email: ewoghiren@joneswalker.com

COUNSEL FOR ADVANCED EQUIPMENT 

RENTAL, LLC 

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