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FC Dallas Dec Action

FC Dallas Dec Action

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Published by Peter Welpton

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Published by: Peter Welpton on Mar 21, 2013
Copyright:Attribution Non-commercial

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03/21/2013

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8178780501
FC DALLAS SOCCER, LLCPlaintiffV.DANIEL HERNANDEZDefendant
FC Dallas Soccer, LLC, Plaintiff, files this Original Petition seeking declaratory reliefand respectfully shows the Court as follows:
CAUSE NO. 112-4ON33--2J)3IN THE DISTRICT COURT,
•••••-
(1rL J1JDICIATi3ECT;L:[1:gPLAINTIFF'S ORIGINAL PETITIONDISCOVERY CONTROL PLAN
1. Plaintiff submits that it intends to conduct discovery under Level 3 of the TexasRules of Civil Procedure.
04:25:53 p.m. 03-19-2013 518
COLLIN CO
ItICASCr) t774.v"..-.ct
PARTIES
2. Plaintiff FC Dallas Soccer, LLC ("Plaintiff") is a Texas Limited LiabilityCompany with its principal office in Collin County, Texas.3. Defendant Daniel Hernandez ("Defendant") is an individual who resides at 421Bandera Lane, Sunnyvale, TX 75182. Defendant may be served with process at that address.
HI.JumsnterioN & VENUE
4. This Court has jurisdiction over the lawsuit because Defendant alleges Plaintiffbreached a contract that was entered into, at least in part, in Collin County. Moreover, the
PLAINTIFF'S ORIGINAL PETITION PAGE 1
 
8178780501 04:26:18 p.m. 03-19-2013 618
performance of that contract was and did occur, in whole or large part, in Collin County.Accordingly, this lawsuit is about the performance, construction, validity, and/or enforcement ofthat written contract, which exceed this Court's minimum jurisdictional amount.5. Venue is proper in Collin County, Texas, because a substantial part of the acts andomissions giving rising to the cause of action occurred in Collin County.
IV.
FACTS6. Plaintiff and Defendant entered into a written employment agreement (the"Agreement") effective January 1, 2012.7. On or about December 13, 2012, Plaintiff terminated Defendant's employment forcause pursuant to the express terms of the Agreement.8. On or about January 31, 2013, Plaintiff received a letter from Defendant'sattorney, Stephen Malouf. Mr. Malouf's letter alleges that Plaintiff breached the Agreementbecause there was no legitimate cause for early termination of the Agreement. Mr. Malouf'sletter included a non-negotiable demand based on the alleged breach of Defendant's rights underthe Agreement.
V.
CAUSE OF ACTION REOUEST FOR DECLARATORY JUDGMENT9. Plaintiff reasserts and incorporates by reference the allegations set forth inparagraphs 6 — 8.10. Plaintiff brings this claim under Chapter 37 of the TDCAS CIVIL PRACTICE &REMEDIES CODE for a declaratory judgment.
PLAINTIFF'S ORIGINAL PETTIION PAGE 2
 
817878050104:27:01 p.m. 03-19-2013 718
11. There exists a justiciable controversy regarding the contractual rights and status ofthe parties.12. Plaintiff seeks a declaration from the court that the Agreement is valid andenforceable, and that its early termination of the Agreement for cause complied with the terms ofthe Agreement.
VI.A'rTORNEY'S FEES
13. Plaintiff is entitled to recover reasonable and necessary attorney fees and costsunder TEXAS CIVIL PRACTICE & REMEDIES CODE section 37.009.VIII.PRAYERWHEREFORE, Plaintiff FC Dallas Soccer, LLC requests that Defendant DanielHernandez be cited to appear and answer, and that upon final hearing Plaintiff have thefollowing:A. judgment against Defendant;B. reasonable attorney's fees and costs of court; andC. such other and farther relief to which Plaintiff may be justly entitled.
PLAINTIFF'S ORIGINAL PETrnoN PAGE 3

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