NEW ORLEANS – A Texas-based company that had hopes of changing the venue of a lawsuit filed by a Louisiana company has suffered a setback in court.
U.S. District Judge Susie Morgan, on the bench of the U.S. District Court for the Eastern District of Louisiana, issued a nine-page ruling on March 18 denying the change of venue of a lawsuit filed by BCS Fluids LLC against Alpine Exploration Cos. Inc.
BCS sued Alpine alleging it did not get payments from the defendant, which hired BCS's goods and services for oil drilling operations. "BCS alleges it provided goods and services in connection with Alpine’s drilling operations in Louisiana5 in the amount of $629,279.16," the suit states, and "alleges Alpine made payments on the account in the amount of $166,934.68, leaving an unpaid balance of $462,344.48 as of Oct. 6, 2015."
The Louisiana company also alleged, per the ruling, that "on Dec. 7, 2015, the parties executed a promissory note obligating Alpine to pay BCS monthly installments of $39,157.66 until the principal amount of $462,344.48 was paid in full," with the promissory note being notarized in Dallas, Texas, with a provision that it would be governed by Texas laws.
BCS claims it hasn't received payments from Alpine since May 31, 2017, meaning Alpine has defaulted on its loan obligations with an unpaid balance $195,786.02.
The company filed the suit on Nov. 20, 2018. Alpine filed for a change of venue to the Northern District of Texas one month later.
In her ruling, Morgan stated "the court has found all of the factors are either neutral or weigh against venue transfer," adding that "Alpine has failed to meet its burden of showing the Northern District of Texas is 'clearly more convenient than the venue chosen by the plaintiff.'"
U.S. District Court for the Eastern District of Louisiana Case No. 2:18-cv-11235-SM-JCW