Joint Advisory to the Court Page 1

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

SOUTH TEXAS FRAC LLC §

Plaintiff §

§ CIVL ACTION NO. 20-cv-00678

V. §

§

PHOENIX PROCESS EQUIPMENT CO. § 

Defendant §

JOINT ADVISORY TO THE COURT REGARDING THE PARTIES’ PENDING MOTIONS

In accordance with the Court’s February 25, 2021 Order, the parties provide this Joint 

Advisory to the Court regarding the pending motions [ECF Docs. Nos. 25, 26, 29, 30, and 40]. 

For purposes of this advisory only, Plaintiff South Texas Frac LLC and Third-Party Defendant 

WI Texas Frac LLC will be referred to collectively as “Plaintiffs.”

A. Rule 12(b)(6) Motions to Dismiss and Motions for Leave to File Amended 

Complaints.

1. On December 30, 2020, Defendant filed its Rule 12(b)(6) Motions to Dismiss 

regarding certain claims and damages asserted by Plaintiffs [ECF Docs. No. 25 and 26]. In 

response, Plaintiffs filed their Motions for Leave to file Amended Complaints [ECF Doc. Nos. 

29 and 30]. Counsel for the parties have conferred and have agreed that:

• There is no opposition to the Motions for Leave to file Amended Complaints

[ECF Doc. Nos. 29 and 30]:

• Defendant’s Answer to the Amended Complaints will be due by March 31, 

2021:

• Defendant will re-file its Rule 12(b)(6) Motions to Dismiss on Plaintiffs’

Amended Complaints:

• The Court does not need to rule on Defendant’s Rule 12(b)(6) Motions to 

Dismiss [ECF Docs. No. 25 and 26] until Defendant re-files its Rule 12(b)(6) 

Motions to Dismiss on Plaintiffs’ Amended Complaints.

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B. Defendant’s Motion to Compel Plaintiff’s document production.

2. Defendant’s Motion to Compel [ECF Doc. No. 40] Plaintiffs’ document 

production concerns documents supporting Plaintiffs’ claim of over $25,000,000.00 in 

alleged lost profits. On February 11, 2021, Plaintiffs produced additional accounting 

documents, and on March 5, 2021, Plaintiffs produced their customer contract that 

Defendant was seeking.

3. Defendant is currently reviewing the documents produced by Plaintiff, and 

therefore, this Motion is currently moot. However, Defendant reserves the right to refile a 

Motion to Compel(after conferring with counsel) regarding documents supporting Plaintiff’s 

damages should Defendant’s review of the latest document production determine it is

necessary.

C. Defendant’s Motion for Continuance.

4. Counsel is continuing to confer on this issue and will supplement this advisory 

on or before the Court’s deadline of March 19, 2021.

Respectfully submitted,

POPE, HARDWICKE, CHRISTIE, SCHELL, KELLY &

TAPLETT, LLP

 By: /s/ R.L. Florance, IV (w. permission)

Robert L. Florance, IV

State Bar No. 24087520

rflorance@popehardwicke.com 

500 West Seventh Street, Suite 600

Fort Worth, Texas 76102-4751

Phone: (817) 332-3245

Fax: (817) 877-4781

/s/ Michael McCrum

Michael McCrum

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Joint Advisory to the Court Page 3

Texas State Bar No. 13493200

MCCRUM LAW OFFICE

404 East Ramsey Rd., Suite 102

San Antonio, Texas 78216

Phone: (210) 225-2285

Fax: (210) 225-7045

michael@mccrumlegal.com

ATTORNEYS FOR PLAINTIFF 

SOUTH TEXAS FRAC LLC AND 

COUNTER-DEFENDANT WI TEXAS FRAC, LLC

And

BENJAMIN, VANA, MARTINEZ & CANO, LLP

By: _/s/ Stephen K. Luxton _____________

Matthew B. Cano

State Bar No. 03757050

Email: mcano@benlawsa.com

Stephen K. Luxton

State Bar No. 24087953

Email: sluxton@benlawsa.com

3600 Bee Caves Road, Suite 201

Austin, Texas 78746

Phone: (512) 732-1880 

Fax: (210) 881-0668

COUNSEL FOR DEFENDANT PHOENIX

PROCESS EQUIPMENT CO.

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