PLAINTIFF’S UNOPPOSED MOTION FOR WRIT OF EXECUTION PAGE 1

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

AUSTIN DIVISION

EL CAMPO VENTURES, LLC, §

§

Plaintiff, §

§

vs. § Civil Action No. 1:20-CV-00560-RP

 §

STRATTON SECURITIES, INC., §

§

Defendant. §

PLAINTIFF’S UNOPPOSED MOTION FOR WRIT OF EXECUTION

Plaintiff El Campo Ventures, LLC (“El Campo”) was awarded an amended 

final judgment of damages in the amount of $4,095,300.00, attorney’s fees in the 

amount of $358,980.00, prejudgment interest in the amount of $369,699.00, costs 

in the amount of $14,472.49, and post-judgment interest at the rate of 0.08% per 

annum beginning September 14, 2021 against Defendant Stratton Securities, Inc.

(“Stratton”) on August 23, 2022. (Dkt. 138-139).

On September 20, 2022, Stratton filed its Notice of Appeal. (Dkt. 140).

As the automatic stay under Federal Rule of Civil Procedure 62 has expired 

and Stratton has failed to post a supersedeas bond, this Motion seeks to enforce 

El Campo’s judgment as allowed by applicable law and requests the issuance of a 

Writ of Execution from the Clerk of this Court.

Case 1:20-cv-00560-RP Document 147 Filed 02/28/23 Page 1 of 4
PLAINTIFF’S UNOPPOSED MOTION FOR WRIT OF EXECUTION PAGE 2

As established by Federal Rule of Civil Procedure 69, a money judgment

is enforced by a writ of execution and the procedures afforded to a judgment

creditor in a federal proceeding supplementary to and in aid of judgment or 

execution are in accordance with the state where the court is located. See Fed. R. 

Civ. Pro. 69(a); see also Andrews v. Roadway Exp. Inc., 473 F.3d 565, 568 (5th 

Cir. 2006) (“To enforce a judgment, judgment creditors must file a writ of 

execution in accordance with the practice and procedure of the state in which the 

district court is held.”).

Texas law provides that the clerk of the district court shall automatically 

issue the writ of execution upon application of the successful party after the 

expiration of thirty days from the time a final judgment is signed if, like here,

no supersedeas bond has been filed. Tex. R. Civ. Pro. 627.

Furthermore, under Texas law, a judgment creditor has “a statutory right to 

have execution issued to enforce a judgment pending appeal, unless and until a 

valid supersedeas bond has been filed.” Texas Employers v. Engelke, 790 S.W.2d 

93, 95 (Tex. App. 1990)

Accordingly, El Campo requests that the Clerk of Court issue the attached 

Writ of Execution in accordance with the procedures laid out in the Texas Rules of 

Civil Procedure.

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PLAINTIFF’S UNOPPOSED MOTION FOR WRIT OF EXECUTION PAGE 3

 Respectfully submitted,

LAW OFFICE OF BEN GATES, P.C.

7015 SNIDER PLAZA, SUITE 202

DALLAS, TEXAS 75205

TEL: (214) 756-6053

FAX: (214) 989-7305

BY: ___________________________

BENJAMIN P. GATES

TEXAS STATE BAR NO. 24062740

BPG@BENGATESPC.COM

NEVÁREZ LAW GROUP, P.C.

780 E. RIO GRANDE STREET

EAGLE PASS, TEXAS 78852

TEL: (830) 776-7003

FAX: (830) 776-7003

BY: ___________________________

ALFONSO NEVÁREZ C.

TEXAS STATE BAR NO. 24044929

ANC@NEVAREZLAWGROUP.COM

 ATTORNEYS FOR PLAINTIFF

Case 1:20-cv-00560-RP Document 147 Filed 02/28/23 Page 3 of 4
PLAINTIFF’S UNOPPOSED MOTION FOR WRIT OF EXECUTION PAGE 4 

CERTIFICATE OF CONFERENCE

I certify that I conferred with counsel for Defendant Stratton Securities, Inc. 

concerning the relief sought in this Motion on February 28, 2023. Mr. Jones stated 

that the Defendant does not oppose the relief sought in this Motion. 

______________________________

Benjamin P. Gates

CERTIFICATE OF SERVICE

I certify that I served this Plaintiff’s Unopposed Motion for Writ of 

Execution on all counsel of record via CM/ECF filing in accordance with the 

Federal Rules of Civil Procedure on February 28, 2023. 

______________________________

Benjamin P. Gates

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