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Charity Sports v Legends & All Pro

Charity Sports v Legends & All Pro

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Published by jeffmosier
Lawsuit filed by CSD Sports Framing & Memorabilia against Legends & Hospitality Management and All Pro Classics over sports memorabilia concession at Cowboys Stadium.
Lawsuit filed by CSD Sports Framing & Memorabilia against Legends & Hospitality Management and All Pro Classics over sports memorabilia concession at Cowboys Stadium.

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Published by: jeffmosier on Sep 12, 2012
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09/14/2012

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 PLAINTIFF’S ORIGINAL PETITION– Page 1 of 13
CAUSE NO. _________CHARITY SPORTS DISTRIBUTOR,INC. a/k/a CSD SPORTS FRAMING& MEMORABILIA,Plaintiff,§§§§§IN THE DISTRICT COURT OF v.§§§DALLAS COUNTY, TEXASLEGENDS HOSPITALITY LLC ANDSUCCESS DYNAMICS, INC. a/k/aALL PRO CLASSICS,Defendants.§§§§§ _______ JUDICIAL DISTRICTPLAINTIFF’S ORIGINAL PETITION
Plaintiff Charity Sports Distributor, Inc. a/k/a CSD Sports Framing & Memorabilia(“Plaintiff” or “CSD”) files this its Original Petition against Defendants Legends HospitalityLLC (“Legends”) and Success Dynamics, Inc. a/k/a All Pro Classics (“All Pro,” collectively withLegends, “Defendants”) and, in support thereof, states the matters set forth below.
I. SUMMARY OF DISPUTE
1.
 
Just four days before the first Dallas Cowboys’ 2012 preseason home game andafter investing tens of thousands of dollars in inventory and related business expenses, CSDdiscovered that Legends, a stadium management company, was breaching its agreement withCSD, and had fraudulently misrepresented that CSD would have rights to operate on-sightauctions of sports memorabilia at Cowboys Stadium. Legends’ failure to perform under itsexisting contract with CSD (which automatically renewed for the 2012-2013 season), its badfaith conduct and its false representations have caused hundreds of thousands of dollars indamages to CSD – a locally-owned, small business in the DFW area that has done business withthe Dallas Cowboys for well over a decade.
Filed12 September 11 P12:13Gary FitzsimmonsDistrict ClerkDallas District
DC- 2- 0574G- 34TH
 
 PLAINTIFF’S ORIGINAL PETITION– Page 2 of 13
2.
 
Legends, a company partially owned by the Dallas Cowboys and New York Yankees, was created and organized in 2008 to operate catering, concessions and merchandisingat the new stadiums built by the Yankees and Cowboys. With regard to its management of Cowboys Stadium, Legends entered into a contract with CSD and made numerous additionalrepresentations to CSD over several months that it could operate at Cowboys Stadium. WhatLegends did not disclose to CSD, however, was that Legends was involved in negotiations withone of CSD’s competitors – All Pro – to replace CSD just days before the start of the Cowboy’s2012-2013 season despite the inconvenient truth that CSD already had a contract with Legendsand had invested thousands of dollars to prepare for the 2012-2013 season. For its part, All-Prohas tortiously interfered with CSD’s contract with Legends.3.
 
By these actions, CSD seeks to recover its damages and attorneys’ fees caused byLegends’ breach of contract, false promises and representations and by All Pro’s wrongfulinterference with CSD’s business relationship.
II. DISCOVERY CONTROL PLAN
4.
 
Discovery is intended to be conducted under Level 3 of Texas Rule of CivilProcedure 190.4.
III. JURY DEMAND
5.
 
Plaintiff requests a trial by jury, and will timely submit the required fee.
IV. PARTIES
6.
 
Plaintiff Charity Sports Distributor, Inc. a/k/a CSD Sports Framing &Memorabilia is a company organized under the laws of the State of Texas. Its principal place of business is in Dallas County, Texas.
 
 PLAINTIFF’S ORIGINAL PETITION– Page 3 of 13
7.
 
Defendant Legends Hospitality LLC is a stadium management company that, inpart, manages merchandising and other operations at Cowboys Stadium in Arlington, Texas.Legends may be served through its registered agent for service of process, Corporation ServiceCompany d/b/a CSC – Lawyers Incorporating Service Company, 1021 Main Street, Suite 1150,Houston, Texas 77002.8.
 
Defendant Success Dynamics, Inc. d/b/a All Pro Classics is a business organizedunder the laws of the State of Arkansas with its principal place of business at 3634 CentralAvenue, Suite E, Hot Springs, Arkansas 71913. Pursuant to Texas Civil Practices and RemediesCode § 17.044(b), the Texas Secretary of State is the agent for service on nonresident DefendantAll Pro because: (1) nonresident Defendant All Pro has engaged in business in Texas;(2) nonresident Defendant All Pro does not maintain a regular place of business in Texas;(3) nonresident Defendant All Pro does not have a designated agent for service of process; and(4) this lawsuit arises out of the nonresident Defendant All Pro’s business in Texas. Therefore,Defendant All Pro may be served with process by transmitting process to the Texas Secretary of State in accordance with the requirements of Texas Civil Practices and Remedies Code§ 17.044(b), to the Citations Unit, Secretary of State, P.O. Box 12079, Austin, Texas 78711-2079, directed to its agent for service of process in Arkansas – Success Dynamics, Inc. d/b/a AllPro Classics, Attention: Terry D. Toler, 104 Legacy Lane, Hot Springs, Arkansas 71901.
V. JURISDICTION AND VENUE
9.
 
The amount in controversy exceeds the minimum jurisdictional limits of thisCourt. This Court has personal jurisdiction over Defendants as they have continuous andsystematic contacts with Texas and/or conduct business in Texas. Additionally, this Court has

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