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Judge grants liability default judgment against Elite International in Bardales v. TrueForm, pending supplemental filings
Summary
In Elmer Alchoa Bardales v. TrueForm and co-defendants, Judge Amy Clark Meacham granted a no-answer liability default judgment against Elite International Fire Protection (liability only), subject to the plaintiff filing a certificate of last known address and submitting a proposed default judgment for docketing and a later damages hearing.
Judge Amy Clark Meacham granted a liability-only default judgment against Elite International Fire Protection in Elmer Alchoa Bardales v. TrueForm Metal Service Inc., Elite International Fire Protection LLC, and Blum Consulting Engineers, but conditioned entry on the plaintiff’s filing of required supplemental materials.
Plaintiff counsel Greg Simenkowski told the court Elite was served on Sept. 9 and had not filed an answer. Simenkowski asked the court to enter liability on default now and to set a later hearing on damages. The judge took judicial notice of the court file and said she saw service and a registered agent in the record.
Meacham asked the plaintiff to file a certificate of last known address and noted the local clerk’s practice regarding Soldiers and Sailors affidavits; she instructed counsel to file the certificate as a supplemental clerk record (rather than emailing it) so it becomes part of the docket. The judge also asked the plaintiff to submit a proposed default judgment to the court’s submission email (201.submission@traviscountytx.gov) and to copy counsel for parties who have answered so the entry is not ex parte.
The judge observed that most other legal prerequisites for a default liability determination had been met and indicated she would grant liability-only default judgment against Elite; she instructed plaintiff counsel to amend their proposed judgment to remove liquidated-damages language from the liability entry and to return to set a damages hearing after any motion to set aside or if the default remains.
What happens next: Plaintiff counsel will file the certificate of last known address as a supplement to the default judgment record, submit a proposed default judgment by email, and coordinate with court administration about a damages hearing date. The judge reserved the final form and entry until she receives the supplemental filing and reviews the proposed judgment.
