ACCEPTED 08-21-00039-CV EIGHTH COURT OF APPEALS 08-21-00039-CV EL PASO, TEXAS 4/23/2021 9:31 AM ELIZABETH G. FLORES CLERK COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS FILED IN CASE NO. 08-21-00039-CV 8th COURT OF APPEALS EL PASO, TEXAS ACCREDITED SURETY AND CASUALTY § 4/23/2021 9:31:53 AM COMPANY, INC., § ELIZABETH G. FLORES § Clerk Appellant, § § v. § § BENCHMARK ELECTRICAL § Appeal from the SOLUTIONS, INC., CONTROL § 112th Judicial District Court INSULATION SERVICES, INC., § of Pecos County, Texas INSPECTION ASSOCIATES, INC., § SUNSTATE EQUIPMENT COMPANY, § LLC, MARQUEZ CONSTRUCTION & § (TC# P-12305-B-112-CV) MAINTENANCE, LLC, TEXAS GAMMA § RAY, LLC, GLOBAL WELDING § SERVICES, INC., DANCAR ENERGY § CONSTRUCTION, LEXICON, INC, § TARGA SOUTHERN DELAWARE, LLC, § § Appellees. §

ACCREDITED SURETY AND CASUALTY COMPANY, INC.’S RESPONSE TO AMENDED MOTION TO COMPEL MEDIATION TO THE HONORABLE COURT OF APPEALS: COMES NOW Appellant Accredited Surety and Casualty Company, Inc. (“Accredited”), and files this Response to the Amended Motion to Compel Mediation, and would respectfully show as follows: 1. Accredited opposes the Amended Motion to Compel Mediation. The parties have previously mediated the disputes between and among themselves, and the disputes were not able to be resolved.

2. There are numerous legal issues that remain in dispute between and among the parties, and there are numerous factual insufficiencies for the grant of partial summary ____________________________________________________________________________________ RESPONSE TO AMENDED MOTION TO COMPEL MEDIATION PAGE 1 judgment in the underlying case. These matters should be addressed by appeal of the partial summary judgment.

3. Accredited respectfully requests that the parties not be required to incur the costs of an additional mediation.

4. Accredited further opposes the suggested list of mediators filed as a part of the Amended Motion to Compel Mediation. This case involves complex factual and legal issues arising out of a surety relationship and the administration of surety bonds, and a mediator with that type of substantive background and experience would be needed for this matter.

Respectfully Submitted, /s/TONI SCOTT REED TONI SCOTT REED State Bar No. 00788376 [email protected] CHRISTOPHER R. WARD State Bar No. 24008233 [email protected] CLARK HILL STRASBURGER, LLP Main Street, Suite 6000 Dallas, Texas 75202 Telephone: (214) 651-4345 Facsimile: (214) 659-4091 ATTORNEYS FOR ACCREDITED SURETY AND CASUALTY COMPANY, INC.

____________________________________________________________________________________ RESPONSE TO AMENDED MOTION TO COMPEL MEDIATION PAGE 2 CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing has been electronically served on all counsel of record, on April 23, 2021, via e-file.

/s/TONI SCOTT REED TONI SCOTT REED

____________________________________________________________________________________ RESPONSE TO AMENDED MOTION TO COMPEL MEDIATION PAGE 3 ClarkHill\A4564\A18893\262772404.v1-4/23/21 Automated Certificate of eService This automated certificate of service was created by the efiling system.

The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Marianna Green on behalf of Toni Reed Bar No. 00788376 [email protected] Envelope ID: 52759214 Status as of 4/23/2021 11:11 AM MST Associated Case Party: Benchmark Electrical Solutions, Inc. Name BarNumber Email TimestampSubmitted Status Charles E.Wear, Jr. [email protected] 4/23/2021 9:31:53 AM SENT

Associated Case Party: Accredited Casualty and Surety Company, Inc. Name BarNumber Email TimestampSubmitted Status Chris Ward [email protected] 4/23/2021 9:31:53 AM SENT Toni Scottreed [email protected] 4/23/2021 9:31:53 AM SENT

Associated Case Party: Control Insulation Services, Inc. Name BarNumber Email TimestampSubmitted Status Mel Smith [email protected] 4/23/2021 9:31:53 AM SENT

Associated Case Party: Marquez Construction & Maintenance, LLC Name BarNumber Email TimestampSubmitted Status Shane M.Bebout [email protected] 4/23/2021 9:31:53 AM SENT Janie M.Whitfield [email protected] 4/23/2021 9:31:53 AM SENT

Associated Case Party: Inspection Associates, Inc. Name BarNumber Email TimestampSubmitted Status Kristen Bates [email protected] 4/23/2021 9:31:53 AM SENT Bret L.Strong [email protected] 4/23/2021 9:31:53 AM SENT

Associated Case Party: Texas Gamma Ray, LLC Automated Certificate of eService This automated certificate of service was created by the efiling system.

The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Marianna Green on behalf of Toni Reed Bar No. 00788376 [email protected] Envelope ID: 52759214 Status as of 4/23/2021 11:11 AM MST Associated Case Party: Texas Gamma Ray, LLC Name BarNumber Email TimestampSubmitted Status Richard A.Simmons [email protected] 4/23/2021 9:31:53 AM SENT

Associated Case Party: Sunstate Equipment Co., LLC Name BarNumber Email TimestampSubmitted Status T. RagonRichey [email protected] 4/23/2021 9:31:53 AM SENT

Associated Case Party: Lexicon, Inc. Name BarNumber Email TimestampSubmitted Status W. JasonWalker [email protected] 4/23/2021 9:31:53 AM SENT

Associated Case Party: Global Welding Services, Inc. Name BarNumber Email TimestampSubmitted Status Scott Davenport [email protected] 4/23/2021 9:31:53 AM SENT

Associated Case Party: Targa Southern Delaware LLC Name BarNumber Email TimestampSubmitted Status Laura Folk [email protected] 4/23/2021 9:31:53 AM SENT Emily APendleton [email protected] 4/23/2021 9:31:53 AM SENT Lola Martinez [email protected] 4/23/2021 9:31:53 AM SENT Amy K.Wolfshohl [email protected] 4/23/2021 9:31:53 AM SENT

Case Contacts Automated Certificate of eService This automated certificate of service was created by the efiling system.

The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Marianna Green on behalf of Toni Reed Bar No. 00788376 [email protected] Envelope ID: 52759214 Status as of 4/23/2021 11:11 AM MST Case Contacts Name BarNumber Email TimestampSubmitted Status Marianna Green [email protected] 4/23/2021 9:31:53 AM SENT

Associated Case Party: DanCar Energy Construction Name BarNumber Email TimestampSubmitted Status Robert M.Lovein [email protected] 4/23/2021 9:31:53 AM SENT