Harbor America Central, Inc. v. William Reeves

ACCEPTED 15-24-00128-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 3/4/2025 9:44 AM No. 15-24-00128-CV CHRISTOPHER A. PRINE CLERK IN THE COURT OF APPEALS FILED IN 15th COURT OF APPEALS FOR THE FIFTEENTH DISTRICT OF TEXAS AUSTIN, TEXAS AUSTIN, TEXAS 3/4/2025 9:44:41 AM CHRISTOPHER A. PRINE Clerk HARBOR AMERICA CENTRAL, INC., Appellant, v. WILLIAM REEVES, Appellee.

On Appeal from the 55th District Court of Harris County, Texas Trial Court No. 2017-25574

SUPPLEMENT TO JOINT MOTION TO VACATE AND REMAND AND TO EXPEDITE MANDATE PURSUANT TO SETTLEMENT

TO THE HONORABLE COURT OF APPEALS: The parties respectfully file this supplement to comply with this Court’s letter dated February 26, 2025. A redacted version of the parties’ confidential settlement agreement is attached at Tab A. Paragraph F requires the parties to take the necessary steps “to facilitate dismissal of the case at the trial court level.”

In accordance with that agreement, the parties move for this Court to set aside the trial court’s judgment without regard to the merits, and remand the case to the trial court for rendition of a take-nothing judgment in accordance with the parties’ agreement. The parties also request that the Court issue its mandate immediately so the parties may move forward expeditiously with their settlement in the trial court.

Respectfully submitted, THE GEORGE LAW FIRM PLLC BECK REDDEN LLP By: /s/ David George By: /s/ Joshua S. Smith David George Joshua S. Smith Texas Bar No. 00793212 State Bar No. 24093173 Louisiana Street, Suite 900 [email protected] Houston, Texas 77002 Russell S. Post Telephone: (713) 857-2280 State Bar No. 00797258 [email protected] [email protected] 1221 McKinney Street, Suite 4500 Houston, Texas 77010 THE BUZBEE LAW FIRM Telephone: (713) 951-3700 Anthony G. Buzbee ATTORNEYS FOR APPELLANT, Texas Bar No. 24001820 HARBOR AMERICA CENTRAL, INC. [email protected] Chris J. Leavitt State Bar No. 24053318 [email protected] Lionel Sims III Texas Bar No. 24107465 [email protected] J.P. Morgan Chase Tower Travis, Suite 7500 Houston, Texas 77002 Telephone: (713) 223-5393 Facsimile: (713) 223-5909 www.txattorneys.com ATTORNEYS FOR APPELLEE, WILLIAM REEVES

CERTIFICATE OF SERVICE I hereby certify that on March 4, 2025 a true and correct copy of the foregoing supplement has been electronically filed and served on all counsel.

/s/ Joshua S. Smith Joshua S. Smith

Tab A Docusign Envelope ID: 9FFA01E7-753E-466E-BE18-410EF58 87C44

CONFIDENTIAL RELEASE AND SETTLEMENT AGREEMENT This Confidential Release and Settlement Agreement ("Agreement") is made and entered into by and between William Reeves ("Reeves") and Harbor America Central, Inc. ("Harbor").

Reeves and Harbor are collectively refe1Ted to herein as the "Paiiies." The te1m "Hai·bor" as used in this Settlement Agreement, includes Harbor America Central, Inc.'s past, present, and future parents, subsidiaries or affiliates, and their respective predecessors, successors, assigns, representatives, officers, directors, agents or employees.

WHEREAS Reeves filed a Complaint in the District Comi ofHaITis County, Texas (55 th Judicial District), Cause No. 2017-25574 (the "Litigation"). At trial, a jmy entered a verdict that was ultimately reduced to Judgment.

WHEREAS Hai·bor denies any liability for any claims asse1ied or for any wrongdoing in connection with Reeves employment by or separation from Hai·bor or any allegations in the Litigation, and timely filed a Notice of Appeal to overturn the Judgment; and WHEREAS Reeves and Harbor desire to resolve the alleged claims and any possible claims by Reeves against Harbor or its affiliates, known and unknown, in accordance with the te1ms and conditions set fo1i h in this Agreement; NOW THEREFORE, for and in consideration of the general release, covenants and unde1iakings hereinafter set fo1i h, and for other good and valuable consideration, which the pa1iies hereby acknowledge, it is agreed as follows: I. TERMS OF AGREEMENT

CONFIDENTIAL Confidential Release and Settlement Agreement Page 1 of7 Reeves v. Harbor America Central, Inc. 4905-8641-0006 Docusign Envelope ID: 9FFA01E7-753E-466E-BE18-410EF5887C44

CONFIDENTIAL Confidential Release and Settlement Agreement Page 2 of8 Reeves v. Harbor America Central, Inc. 4905-8641-0006 Docusign Envelope ID: 9FFA01E7-753E-466E-BE18-410EF5887C44

I

I II I I

CONFIDENTIAL Confidential Release and Settlement Agreement Page 3 of8 Reeves v. Harbor America Central, Inc. 4905-8641-0006 Docusign Envelope ID: 9FFA01E7-753E-466E-BE18-410EF5887C44

F. Stipulation to Dismiss with Prejudice. Upon execution of the Agreement, the Pru.ties agree to take those steps procedmally necessru.y to te1minate the Litigation with prejudice, including providing timely notice to the Comt of the Pru.ties' intent to dismiss the case with CONFIDENTIAL Confidential Release and Settlement Agreement Page4 of8 Reeves v. Harbor America Central, Inc. 4905-8641-0006 Docusign Envelope ID: 9FFA01E7-753E-466E-BE18-410EF5887C44 prejudice, and to take any steps necessaiy with the Comt of Appeals in order to facilitate dismissal of the case at the trial comt level.

CONFIDENTIAL Confidential Release and Settlement Agreement Page 5 of8 Reeves v. Harbor America Central, Inc. 4905-8641-0006 Docusign Envelope ID: 9FFA01E7-753E-466E-BE18-410EF5887C44

CONFIDENTIAL Confidential Release and Settlement Agreement Page 6 of8 Reeves v. Harbor America Central, Inc. 4905-8641-0006 Docusign Envelope ID: 9FFA01E7-753E-466E-BE18-410EF5887C44

[SIGNATURES ON THE FOLLOWING PAGE]

CONFIDENTIAL Confidential Release and Settlement Agreement Page 7 of8 Reeves v. Harbor America Central, Inc. 4905-8641-0006              

  __ __________ ________________ William Reeves Date

HARBOR AMERICA CENTRAL, INC  ___ ___________ _________________ Authorized Signature Date By: Its: 20866276

CONFIDENTIAL Confidential Release and Settlement Agreement Page 8 of 8 Reeves v. Harbor America Central, Inc. 4905-8641-0006 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.

Jesse Crochet on behalf of Joshua Smith Bar No. 24093173 [email protected] Envelope ID: 98026027 Filing Code Description: Motion Filing Description: Supplement to Joint Motion to Vacate and Remand and to Expedite Mandate Pursuant to Settlement Status as of 3/4/2025 9:52 AM CST Associated Case Party: Harbor America Central, Inc. Name BarNumber Email TimestampSubmitted Status Russell S.Post [email protected] 3/4/2025 9:44:41 AM SENT Joshua S.Smith [email protected] 3/4/2025 9:44:41 AM SENT

Associated Case Party: William Reeves Name BarNumber Email TimestampSubmitted Status Ryan Pigg 24088227 [email protected] 3/4/2025 9:44:41 AM SENT Thomas Holler 24126898 [email protected] 3/4/2025 9:44:41 AM SENT William DavidGeorge [email protected] 3/4/2025 9:44:41 AM SENT Lionel Sims 24107465 [email protected] 3/4/2025 9:44:41 AM SENT Anthony G.Buzbee [email protected] 3/4/2025 9:44:41 AM SENT Chris J.leavitt [email protected] 3/4/2025 9:44:41 AM SENT Anthony Buzbee 24001820 [email protected] 3/4/2025 9:44:41 AM ERROR