Performance Pressure Pumping Services recently filed a motion to transfer venue in its suit against NRG Manufacturing, who allegedly did not deliver frac pumps by the promised date.
As previously reported, the suit was filed June 18 in Jefferson County District Court. The case was assigned to Judge Milton Shuffield, 136th District Court.
Court records show that Performance filed a similar suit against NRG on Jan. 5. Judge Bob Wortham, 58th District Court, is presiding over that case.
On Aug. 23 Performance filed a motion to transfer the case to Wortham’s court, arguing that the judge is more familiar with parties and their dealings.
The lawsuit alleges that Performance, an oilfield contractor, provides frac pumps to drilling companies. The company entered into a verbal agreement with NRG in early 2011 that called for NRG to manufacture new frac pumps for Performance by June 15, 2011.
However, NRG was 45 days late in delivering the pumps, resulting in loss opportunity for Performance.
Performance is suing for the loss of profit it allegedly suffered and attorney’s fees.
Beaumont attorney Anthony Malley III of Moore, Landrey represents it.
Case No. D192-588