SUMMONS ON CROSS-CLAIM FOR DEFENDANT TERRENCE JONES

LUCIAN J. GRECO, JR., ESQ. Nevada State Bar No. 10600 DEVIN R. GIFFORD, ESQ. Nevada State Bar No. 14055 MATTHEW J. COOK, ESQ. Nevada State Bar No. 15028 BREMER WHYTE BROWN & O’MEARA LLP 1160 N. TOWN CENTER DRIVE SUITE 250 LAS VEGAS, NV 89144 TELEPHONE: (702) 258-6665 FACSIMILE: (702) 258-6662 lgreco@bremerwhyte.com dgifford@bremerwhyte.com mcook@bremerwhyte.com Attorneys for Defendants/Cross-Claimants, S&S FUELS, LLC & S&S FUELS MANAGEMENT II, LLC DISTRICT COURT CLARK COUNTY, NEVADA Case No. A-22-852629-C Dept. 26 SUMMONS ON CROSS-CLAIM FOR DEFENDANT TERRENCE JONES MICHAEL UTT, an individual, Plaintiff, vs 7-ELEVEN, INC., a Texas Corporation; S&S Fuels, LLC, a foreign Limited Liability Company; S&S FUELS MANAGEMENT II, LLC, Domestic Limited-Liability Company; MCCOY DEMETRECE; TERRENCE JONES; and DOES 3 through 30; ROE SECURITY COMPANY; ROE BUSINESS ENTITIES 1 through 30; DOE STAFF MEMBERS 1 through 30, inclusive, Defendants. ________________________________________ S&S FUELS, LLC AND S&S FUELS MANAGEMENT II, LLC, Cross-Claimants, vs. MCCOY DEMETRECE and TERRENCE JONES, Cross-Defendants. NOTICE! YOU HAVE BEEN SUED, THE COURT MAY DECIDE AGAINST YOU WITHOUT YOUR BEING HEARD UNLESS YOU RESPOND WITHIN 21 DAYS. READ THE INFORMATION BELOW. TO THE DEFENDANT/CROSS-DEFENDANT: A Cross-Claim has been filed by the Cross-Claimants against you for the relief set forth in the Cross-Claim. TERRENCE JONES 1. If you intend to defend this claim; within 21 days after this Summons is served exclusive of the day of service, you must do the following: a. File with the Clerk of this Court, a formal written response to the Cross-Claim in accordance with the rules of the Court; b. Serve a copy of your response upon the attorney whose name and address are shown below. 2. Unless you respond, your default will be entered upon application of the Cross-Claimants and this Court may enter a judgment against you for the relief demanded in the Cross-Claim, which could result in the taking of money or property or other relief requested in the Cross-Claim. 3. If you intend to seek the advice of an attorney in this matter, you should do so promptly so that your response may be filed on time. Issued at the direction of: CLERK OF COURT (SEAL) /s/Demond Palmer Deputy Clerk August 31, 2022 County Courthouse 200 South Lewis Street Las Vegas, NV 89155 BREMER WHYTE BROWN & O’MEARA LLP By: Lucian J. Greco, Jr., Esq. Nevada State Bar No. 10600 Devin R. Gifford, Esq. Nevada State Bar No. 14055 Matthew Cook, Esq. Nevada State Bar No.15028 Attorneys for Defendants/Cross-Claimants, S&S FUELS, LLC & S&S FUELS MANAGEMENT II, LLC Published: Jan. 17, 24, 31 & Feb. 7, 2023. ____________________________________________________________________ LUCIAN J. GRECO, JR., ESQ. Nevada State Bar No. 10600 DEVIN R. GIFFORD, ESQ. Nevada State Bar No. 14055 MATTHEW J. COOK, ESQ. Nevada State Bar No. 15028 BRMER WHYTE BROWN & O’MEARA LLP 1160 N. TOWN CENTER DRIVE SUITE 250 LAS VEGAS, NV 89144 TELEPHONE: (702) 258-6665 FACSIMILE: (702) 258-6662 lgreco@bremerwhyte.com dgifford@bremerwhyte.com mcook@bremerwhyte.com Attorneys for Defendants/Cross-Claimants, S&S FUELS, LLC & S&S FUELS MANAGEMENT II, LLC DISTRICT COURT CLARK COUNTY, NEVADA Case No. A-22-852629-C Dept. 26 DEFENDANTS S&S FUELS, LLC AND S&S FUELS MANAGEMENT II, LLC’S ANSWER TO COMPLAINT AND CROSS-CLAIMANTS S&S FUELS, LLC AND S&S FUELS MANAGEMENT II, LLC’S CROSS-CLAIMS AGAINST CROSS-DEFENDANTS MCCOY DEMETRECE AND TERRENCE JONES MICHAEL UTT, an individual, Plaintiff, vs. 7-ELEVEN, INC., a Texas Corporation; S&S Fuels, LLC, a foreign Limited Liability Company; S&S FUELS MANAGEMENT II, LLC, Domestic Limited Liability Company; MCCOY DEMETRECE; TERRENCE JONES; and DOES 3 through 30; ROE SECURITY COMPANY; ROE BUSINESS ENTITIES 1 through 30; DOE STAFF MEMBERS 1 through 30, inclusive, Defendants. ______________________________________________ S&S FUELS, LLC AND S&S FUELS MANAGEMENT II, LLC, vs. MCCOY DEMETRECE and TERRENCE JONES, Cross-Defendants. ______________________________________________ CROSS-CLAIMANTS S&S FUELS, LLC AND S&S FUELS MANAGEMENT II, LLC’S CROSS-CLAIMS AGAINST CROSS-DEFENDANTS MCCOY DEMETRECE AND TERRENCE JONES Cross-Claimants S&S FUELS, LLC and S&S FUELS MANAGEMENT II, LLC (hereinafter Cross-Claimants) for themselves alone, and no others, by and through their attorneys of record, Lucian J. Greco, Jr., Esq., Devin R. Gifford, Esq., and Matthew J. Cook, Esq. of the law firm Bremer, Whyte, Brown & O’Meara, LLP, hereby allege these Cross-Claims against Cross-Defendants Mccoy Demetrece (hereinafter individually referred to as Cross-Defendant Demetrece) and Terrence Jones (hereinafter individually referred to as Cross-Defendant Jones and collectively as Cross-Defendants) as follows: GENERAL ALLEGATIONS 1. By information and belief, Cross-Defendant Demetrece was an individual residing in Clark County, Nevada at all relevant times. 2. By information and belief, Cross-Defendant Jones was an individual residing in Clark County, Nevada at all relevant times. 3. Cross-Defendants are solely at fault for any and all damages alleged in Plaintiff Michael Utt’s Complaint in Case No. A-22-852629-C, if any fault and/or damages are found to be determined in this matter. 4. Cross-Claimants contend that they are not responsible, legally or otherwise, for any damages in this case. Despite this, Cross-Claimants have incurred and continue to incur attorney fees,and other expenses investigating and defending the claims asserted by Plaintiff in this matter, which are properly born on Cross-Defendants. 5. At all times relevant to the incident upon which the plaintiff in this matter is based, Cross- Defendants were not acting within the course and scope of their employment with these Answering Defendants, but instead were engaged in frolic and/or independent venture. FIRST CROSSCLAIM (Contribution) 6. Cross-Claimants allege and incorporate by reference each of the allegations set forth in Paragraphs 1 through 5 as though fully set forth herein. 7. In the event that the trier of fact concludes that Plaintiff’s allegations are true, and if Cross-Claimants are held liable to Plaintiff in said action or Cross-Claimants should enter into a settlement or compromise with Plaintiff, then Cross-Claimants allege that any responsibility found on the part of Cross-Claimants will be due to the negligence, intentional acts and/or fault of Cross-Defendants. 8. Therefore, if Plaintiff should recover judgment against Cross-Claimants for, and to the extent of, the injuries alleged to have been suffered by Plaintiff and/or if Cross-Claimants should enter into a settlement or compromise to compensate Plaintiff for his injuries, then Cross-Defendants will b liable and bound to contribute to Cross-Claimants an amount proportional to the amount of fault attributable to Cross-Defendants. 9. Cross-Claimants have ben required to retain the services of Bremer, Whyte, Brown & O’Meara, LLP to defend this action. Cross-Claimants are entitled to recover attorney fees and costs incurred in this suit at the expense of Cross-Defendants. SECOND CROSSCLAIM (Equitable Indemnity) 10. Cross-Claimants allege and incorporates by reference each of the allegations set forth in Paragraphs 1 through 9 as though fully set forth herein. 11. In the event that the trier of fact concludes that the allegations of Plaintiff are true, and if Cross-Claimants are held liable for, and to the extent of, the injuries alleged to have been suffered by Plaintiff and/or if Cross-Claimants should enter into a settlement or compromise to compensate Plaintiff for his injuries, then Cross-Claimants will be entitled to judgment in the like amount, or in proportion to fault, for comparative equitable indemnity against Cross-Defendants. 12. In addition, Cross-Claimants will be entitled to recover from Cross-Defendants all costs, expenses, and attorney fees that Cross-Claimants incur in the preparation and presentation of their defense of the principal action and in the preparation, presentation and prosecution of their Cross-Claims. PRAYER FOR RELIEF WHEREFORE, Cross-Claimants pray for judgment against Cross-Defendants as follows: a) Plaintiff tak nothing by virtue of his Complaint; b) That Cross-Defendants be required to contribute and/or indemnify Cross-Claimants for their payment of any and all amounts adjudged by the Court to be due and owing to Plaintiff or any and all amounts paid by Cross-Claimants in settlement to Plaintiff for, and to the extent of, injuries alleged by Plaintiff; c) For an apportionment of fault, if any, owed between Cross-Claimants and Cross-Defendants. d) For an order of the Court declaring the percentage of costs owed, if any, between Cross-Claimants and Cross-Defendants, for damages and losses allegedly caused to Plaintiff, if any; e) For attorney fees and costs; and f) For such other and further relief as the Court deems just and proper. Dated: August 12, 2022 BREMER WHYTE BROWN & O’MEARA LLP By: /s/ Matthew J. Cook Lucian J. Greco, Jr., Esq. Nevada State Bar No. 10600 Devin R. Gifford, Esq. Nevada State Bar No. 14055 Matthew J. Cook, Esq. Nevada State Bar No. 15028 Attorneys for Defendants/Cross-Claimants, S&S FUELS, LLC & S&S FUELS MANAGEMENT II, LLC Published Jan. 17, 24, 31 & Feb. 7, 2023. BT270217

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