Hiru Corporation (HIRU)

[satter]

This Could Potentionally Posed a Probblem to the New Falcon Caddo Venture, LLC Joint Venture.

Filed 10/24/2025 4:41 PM
Paula Moore
Combination Clerk
Foard County, Texas
By Heather Hughes

REDZONE COIL TUBING, LLC D/B/A
NINE ENERGY SERVICES
Plaintiff,
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IN THE DISTRICT COURT OF
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v. § FOARD COUNTY, TEXAS
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FALCON PRODUCTION, LLC;
FALCON CADDO VENTURE, LLC
Defendant.
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___ JUDICIAL DISTRICT

PLAINTIFF’S ORIGINAL PETITION


TO THE HONORABLE JUDGE OF THIS COURT:
Plaintiff RedZone Coil Tubing, LLC d/b/a Nine Energy Services (“Plaintiff” or “NES RZ”)
files this Original Petition, Suit on Sworn Account, and Suit for Foreclosure of Lien against
Defendants Falcon Production, LLC (“Falcon Operating”) and Falcon Caddo Ventures, LLC
(“Falcon Owner”). In support, Plaintiff would respectfully show as follows:

I.
DISCOVERY
1. Discovery in this suit is intended to be conducted under Level 1, in accordance with
TEX. R. CIV. P. 190.2. Attached hereto as Exhibit B and Exhibit C are Plaintiff NES RZ’s First
Requests for Discovery which are due with fifty (50) days of service of the requests.

II.
PARTIES
2. Plaintiff RedZone Coil Tubing, LLC d/b/a Nine Energy Services is a Texas limited
liability company with a principal place of business in Harris County, Texas.
3. Defendant Falcon Production, LLC is a Texas limited liability company with a
principal place of business in Texas. Falcon may be served by personal service of the citation and
Original Petition on Falcon’s registered agent, Registered Agents, Inc., at its registered address of 5900
Balcones Drive, Ste 100, Austin, TX 78731.
4. Defendant Falcon Caddo Venture, LLC is a Texas limited liability company with a
principal place of business in Texas. Falcon may be served by personal service of the citation and
Original Petition on Falcon’s registered agent, Registered Agents, Inc., at its registered address of 5900
Balcones Drive, Ste 100, Austin, TX 78731.

JURISDICTION AND VENUE
5. This Court has jurisdiction over the subject matter of the case because the amount in
controversy exceeds this Court’s minimum jurisdictional requirements.
6. This Court has general personal jurisdiction over both Falcon Production, LLC and
Falcon Caddo Venture LLC because they are both incorporated in Texas and are therefore, “essentially
at home” herein.
7. Venue is proper in Foard County, Texas where the goods and services made the basis
of this lawsuit were furnished, where the well and lease operated by Defendant is located, and where
NES RZ’s lien is filed. TEX. CIV. PRAC. & REM. CODE §§15.002(a), 15.011, and 15.035.

IV.
FACTUAL BACKGROUND
8. Falcon Operating is the operator of an oil well known as the Rasberry 6100 Caddo
#1302H, located in Foard County, Texas (the “Wellsite”). Falcon Owner holds a mineral/working
interest in the leaseholds which make up the 4,434.97 acre unit known as the Rasberry 6100 Caddo
Unit (the “Rasberry Unit”) which the Wellsite is located on. Falcon Operating and Falcon Owner are
affiliated companies both controlled by the same managing member—Christopher Cothran.
9. At all times, Falcon Operating was acting as the agent of the mineral property owner,
Falcon Owner.

10. At the request of Falcon Operating, NES RZ provided materials and services to the
Well Site between June 24, 2024 and June 29, 2024.
11. Each time after materials and services were furnished to Falcon Operating, NES RZ
provided Falcon Operating with an invoice for the amounts due. According to the parties’
agreements, payment was due net thirty (30) days from receipt of the invoice. Below is a list of the
invoices sent to Falcon Operating for work performed by NES RZ at the Wellsite:



Hereinafter, collectively referred to as the “Invoices”.
12. On December 6, 2024, NES RZ sent Falcon Operating and Falcon Owner a demand
for payment and notice of its intent to file a lien against the Wellsite and the Rasberry Unit in the
amount of $90,822.82.
13. On May 13, 2024, NES RZ filed a mineral lien in the amount of $90,822.82 against
Falcon’s property interest in the Wellsite and the Rasberry Unit in the Real Property Records of Foard
County, Instrument #75508 (the “Lien”).
14. Despite numerous promises, NES RZ has only received one payment to date, in the
amount of $10,000.00, leaving a principal balance of $80,822.82, plus interest and attorneys’ fees.

V.
CAUSES OF ACTION

A. BREACH OF CONTRACT
15. NES RZ and Falcon Operating had a valid and enforceable contract.
16. Falcon Operating requested that NES RZ provide work at the Wellsite and NES RZ
performed its obligations by providing the equipment, goods and services that were requested by
Falcon Operating.
17. Falcon Operating promised to pay for any work performed or other obligation due
within thirty days following receipt of an invoice for the same.
18. Falcon Operating failed to pay NES RZ within thirty days following receipt of the
Invoices in breach of the parties’ contract. As a result, NES RZ has sustained monetary damages of
$80,822.82 which sum represents the balance due on the outstanding Invoices. NES RZ is therefore
entitled to recover from Falcon Operating for such amount plus interest at a rate of 1.5% per month,
attorneys’ fees and court costs in connection with this lawsuit to collect on the past due balance.

B. SUIT ON SWORN ACCOUNT
19. NES RZ provided equipment, goods and services to Falcon Operating between June
24, 2024 and June 29, 2024. NES RZ, thereafter, presented Falcon Operating with Invoices for the
same.
20. Falcon Operating promised to pay NES RZ for the equipment, goods and services
NES RZ provided, but Falcon Operating has failed to pay NES RZ in accordance with the Parties’
agreement and has continued to refuse to make payment after NES RZ’s demand. Falcon Operating’s
conduct has caused damage to NES RZ in the amount of $80,822.82 plus interest and attorneys’ fees
as hereinafter alleged.
21. Falcon Operating’s account with NES RZ is just and true. See Exhibit A, Affidavit
of Wendell Shumway. The charges reflected in the account were usual, customary, and reasonable for
the labor, services, and equipment that NES RZ provided to Falcon Operating and were assessed
according to the terms of the parties’ agreement. Id. All just and lawful offsets, payments, and credits
have been properly applied to the account. Id. The $80,822.82 principal balance of the account
remains unpaid. Id. Falcon Operating’s account of $80,822.82 is due and owing by Falcon Operating
to NES RZ. Id.

C. FORECLOSURE OF LIEN
22. Between June 24, 2024 and June 29, 2024, NES RZ furnished equipment, goods and
services to Falcon Operating in connection with its activities on the property (the “Property”)
described as:
Well: Rasberry 6100 Caddo #1302H
County: Foard County
API #: 42-155-00152

Legal Description: The Rasberry 6100 Caddo #1302H is an oil and gas well
located in the Rasberry 6100 Caddo Unit, more particularly
described as 4,434.97 acres, more or less, being the S/2 of
Section 36; all of Section 25; W/2 of Section 14; all of Section
23; all of Section 26; East part of the N/2 (247.50 acres) and
SE/4 of Section 35; NW/4 of Section 15; N/2 and N/2 S/2
of Section 22; 200.05 acres in the NE, E, and W parts of

23. The operator of the Property at the time NES RZ provided the labor and services was
Falcon Operating. The lessee and mineral owner of the Property was Falcon Owner. At all times,
Falcon Operating was acting as the agent of Falcon Owner.
24. As a result of NES RZ’s furnishing and Falcon Operating’s acceptance of the labor
and services, Falcon Operating became indebted to NES RZ in the amount of $80,822.82. This
amount is unpaid and is due and owing by Falcon Operating to NES RZ.


25. Having received no payment on the Invoices after issuing multiple demands for the
same, on December 17, 2024, NES RZ filed a mineral lien against Falcon Owner’s property interest
in the Wellsite and the Rasberry Unit in the Real Property Records of Foard County, Texas.
26. A lien under the provisions of Chapter 56 of the Texas Property Code has been
secured against the interest of Falcon Operator and Falcon Owner in the Property as evidenced by a
statement of NES RZ, verified by affidavit, together with exhibits, as required by Sections 56.021 and
56.022 of the Texas Property Code. These documents were filed in the office of the County Clerk of
Foard County, Texas and recorded at Instrument # 75508. In this suit, NES RZ seeks foreclosure of
its lien.

VI.
PREJUDGMENT INTEREST

27. NES RZ would further show that pursuant to the terms of the parties’ agreement (as
shown on the face of the invoice), NES RZ is entitled to recover prejudgment interest from Falcon
Operating at the rate of 1.5% percent per month, commencing on the 30th day after each unpaid item
of Falcon Operating’s account became due and payable until the date of judgment.

VII.
ATTORNEYS’ FEES

28. NES RZ presented its claim and demand for payment in writing prior to the filing of
this suit. As a result of Falcon Operating’s failure to pay NES RZ the amounts that are due, it has
become necessary for NES RZ to employ the legal assistance of Bradley Arant Boult Cummings LLP
to file this suit on its behalf. NES RZ is, therefore, entitled to recover its reasonable attorneys’ fees
against Falcon Operating pursuant to TEX. CIV. PRAC. & REM. CODE § 38.001 et seq., as a result of its
breach of contract.

29. NES RZ has also filed a mineral lien against the property interests of Falcon Owner
and seeks to foreclose on its Lien in this action. Therefore, NES RZ seeks an award of its attorneys’
fees against Falcon Owner pursuant to TEX. PROP. CODE § 53.156.

VIII.
CONDITIONS PRECEDENT

30. All conditions precedent to NES RZ’s right to assert its claims and causes of action
have been performed or have occurred.
IX.

STATEMENT OF RELIEF

31. Pursuant to Tex. R. Civ. P. 47 and without waiving any rights to supplement or amend
the same, NES RZ asserts that it is seeking monetary relief of less than $250,000.00, exclusive of
interest or attorneys’ fees.
Section 27, All in Block “A”, Southern Pacific R.R. Co.
Survey, A-887, Foard County, Texas, and being the same
lands and leases more particularly described in that certain
Unit Agreement dated January 1, 1969, effective January 1,
1970, and recorded in Volume 140, Page 412 of the Deed
Records of Foard County, Texas.

X.
PRAYER

WHEREFORE PREMISES CONSIDERED, Plaintiff RedZone Coil Tubing, LLC d/b/a
Nine Energy Services prays that Defendants Falcon Production, LLC and Falcon Caddo Venture,
LLC be cited to appear and file an answer herein, and on final hearing hereof:
(a) Plaintiff have and recover from Defendant Falcon Production, LLC a judgment in the
principal amount of $80,822.82 together with pre-judgment and post-judgment
interest as allowed by law;
(b) Plaintiff have foreclosure of its mineral lien pursuant to Chapter 56 of the Texas
Property Code;
(c) Plaintiff recover its reasonable attorneys’ fees and all costs of court from Defendants;
and
(d) Plaintiff recover such other and further relief from Defendants to which Plaintiff may
show itself to be justly entitled.

Respectfully Submitted,
BRADLEY ARANT BOULT CUMMINGS LLP

/s/ Justin T. Scott
Justin T. Scott
Texas Bar No. 24070578
[e-mail]
Timothy R. Cook
Texas Bar No. 24101646
[e-mail]
600 Travis, Suite 5600
Houston, Texas 77002
Telephone: [phone]
Facsimile: 713-576-0301
ATTORNEYS FOR PLAINTIFF

So Defendants Falcon Production, LLC (“Falcon Operating”) and Falcon Caddo Ventures, LLC are connected & controlled by the same person: Christopher Cothran. They have the same web site, same phone number.


The plaintiff is seeking to have the defendant's property sold off to settle a debt owed to them by the defendants. Suit for Foreclosure of Lien against
Defendants Falcon Production, LLC (“Falcon Operating”) and Falcon Caddo Ventures, LLC.

It is extremely, highly likely the property/ asset is the Rasberry 6100 Caddo Unit. As I quote from the court doc

Falcon Operating is the operator of an oil well known as the Rasberry 6100 Caddo
#1302H, located in Foard County, Texas (the “Wellsite”). Falcon Owner holds a mineral/working
interest in the leaseholds which make up the 4,434.97 acre unit known as the Rasberry 6100 Caddo
Unit (the “Rasberry Unit”) which the Wellsite is located on. Falcon Operating and Falcon Owner are
affiliated companies both controlled by the same managing member—Christopher Cothran.

This seems messay to me. Hopefully Hiru has an explanation for this? do they even know about it ? Was it disclosed to them? This was just filed on Oct 24th/2025