FILED DALLAS COUNTY 2/4/2014 11:08:21 AM GARY FITZSIMMONS DISTRICT CLERK

NO. DC-13-11742 YOLANDA STARKS WHITE Plaintiff, v. BRODERICK D. SMILEY D/B/A and P/K/A RICKEY SMILEY, SMILEY FACE PRODUCTIONS LLC A/K/A SMILEY FACE, LLC and BREAKWIND ENTERTAINMENT, INC. Defendants. BRODERICK D. SMILEY D/B/A and P/K/A RICKEY SMILEY and BREAKWIND ENTERTAINMENT, INC. Third-Party Plaintiffs, v. WARD ALLEN WHITE IV Third-Party Defendant. IN THE DISTRICT COURT OF

DALLAS COUNTY, TEXAS

134TH JUDICIAL DISTRICT

PLAINTIFFS SECOND AMENDED PETITION NOW COMES Plaintiff Yolanda Starks White (Plaintiff or Starks White) filing this Second Amended Petition against Defendants Broderick D. Smiley D/B/A and professionally known as Rickey Smiley (Smiley), Smiley Face Productions LLC A/K/A Smiley Face, LLC and Breakwind Entertainment, Inc. (Breakwind) (collectively, Defendants), showing the Court as follows:

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I. PRELIMINARY STATEMENT When Defendant Rickey Smiley decided to enter into a manager-artist agreement with Starks White he was a frustrated, radio disc jockey, mired in a sea of unfulfilling professional relationships, and pending and threatened legal and personal battles. It was the consensus of the industry that Smiley had missed his window for great opportunities and had reached his peak. What many in the public did not know, however, was that Smiley was also millions of dollars in debt. He owed millions of dollars to the Internal Revenue Service, and he routinely spent literally tens of thousands of dollars more than he earned each month. Enter Starks White, whose guidance, keen creating marketing and business acumen catapulted Rickey Smiley to the next level of success and into millions of homes as the star of two television shows. Starks White facilitated and supervised the grand expansion of Smileys entertainment company and brand. His goals, once only mere hopes and dreams, were finally realizedall because of the invaluable work of Starks White. And, under Starks Whites guidance, Smiley was finally starting to gain control of his finances. But the path forward was more difficult than it needed to be. Despite Starks Whites efforts, advice and protective efforts, Smiley persistently wasted hundreds of thousands of dollars. By purchasing boats and automobiles he did not need, and buying airline tickets and renting luxurious hotel rooms for young women he solicited online, in nightclubs, or while on the road with his boys, Smiley lived the life of a drunken playboy, without shame or discretion. When confronted with the realization of his financial predicament in March 2013, Smiley decided that, rather than change his costly and reckless lifestyle, he would simply fire his staff
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and pocket the money he would have to pay to them. Among the casualties of that decision was Starks White. But, after acquiring the level of fame, the creative vehicles, and the revenues he so desperately wanted, Smiley decided not just to part ways with Starks White, but to toss aside his obligations to compensate her as agreed. This is unacceptable. Smileys financial difficulties were problems of his own making. Moreover, Starks White superbly performed her job as manager, taking Smileys stardom and fame, and his finances, to heights he had never before known and she deserves her bargained-for fees. II. DISCOVERY CONTROL PLAN 1. Pursuant to TEX. R. CIV. P. 190.3, discovery shall be conducted under Discovery

Control Plan Level 2. III. JURISDICTION, VENUE & DAMAGES SOUGHT 2. This Court has jurisdiction over this case because the amount in controversy exceeds

the minimum jurisdictional limits of this Court. Venue is proper in Dallas County, Texas pursuant to TEXAS CIV. PRAC. & REM. CODE 15.002(a) because a substantial part of the events giving rise to this litigation occurred in Dallas County, Texas. Starks White will seek monetary relief over $200,000 but not more than $1,000,000. IV. PARTIES 3. Plaintiff Starks White is an individual residing in Fort Worth, Texas.

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4.

Third-Party Defendant Ward White IV is a licensed attorney, whose office and

residence is in Fort Worth, Texas. 5. Defendant Smiley resides in Birmingham, Alabama 35242, and works in, among

other places, Atlanta, Georgia. Smiley has appeared herein and may be served through counsel. 6. Defendant Smiley Face Productions LLC a/k/a Smiley Face, LLC is a corporation

organized under the laws of Georgia, and has entered an appearance through counsel. 7. Defendant Breakwind Entertainment, Inc. is a corporation organized under the laws

of Alabama, with offices in Dallas, Texas. Breakwind has appeared herein and may be served through counsel. V. FACTS 8. In the entertainment business world, Starks White has an impeccable reputation for

making things happen. Her career achievements include work on behalf of some of the biggest names in entertainment. She is a highly respected multi-hyphenate industry powerhouse. 9. In the world of urban television and radio, Starks White is a hit maker. For nearly 20

years, Starks White has been creating and enhancing the careers and entertainment properties of people who have become household names on television and radio. 10. The list of her accomplishments is spectacular, and the success of her clients easily places them on the list of Whos Who of urban entertainment. Not only was she at the helm of one of the biggest musical beach festivals worldwide, she held key roles in the entertainment and television business that elevated ordinary entertainers to stardom. In the 1990s, Starks White

was the key behind-the-scenes producer responsible for selecting and securing the music and other talent for Sinbads Soul Beach Music Festivals, which at the time was one of the biggest
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beach festivals in the world, the highlights of which were featured on television and in print media. 11. With these achievements under her belt and a penchant for raising the ordinary to the extraordinary, Starks White became a much sought-after talent. Tom Joyner became one of the many entertainers that would seek out Starks Whites services. Thus, in 1993, Starks White began working with Tom Joyner, who at that time, performed daily live radio shows each morning in Dallas, Texas, and each afternoon in Chicago on that citys leading radio station WGCI. 12. Joyners daily trek earned him regional notoriety in the Dallas and Chicago metropolitan markets, but Starks White saw an even bigger opportunity for the emerging disc jockey and aspired to take his career to the next level. 13. As Executive Producer of The Tom Joyner Morning Show (TJMS), Starks White created and developed a nationally syndicated radio show. In building the TJMS, Starks White envisioned, recruited and introduced comedian J. Anthony Brownwho at the time was a writer for The Arsenio Hall Showand Tavis Smileywhom she met when he was merely a host of a local am-radio show in Los Angeles. Starks White saw in J. Anthony Brown and Tavis Smiley the potential for greatness. And she was right. Adding them to the TJMS improved the quality of entertainment value of the show, and J. Anthony Brown and Tavis Smiley became international stars in their own right. 14. But Starks White was determined to make Tom Joyner a household name. To do so, she brought prominence and relevance to the show by successfully recruiting the most high profile guests available to appear on the show. Those guests included Oprah Winfrey, renowned poet and author Maya Angelou, Angela Bassett, Whitney Houston, then-First Lady Hillary
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Clinton, Tipper and Vice President Al Gore, football legends Emmitt Smith and Deion Sanders and NBA icon and entrepreneur Magic Johnson. 15. She also created the still-popular TJMS Sky Show, where the TJMS was performed before live audiences of 2,000 3,000 people in cities around the country, and included live musical performancesa first of its kind for any radio genre. When the Sky Show performed in South Africaa first for any such radio showshe was able to secure guests President Bill Clinton and South Africas Bishop Desmond Tutu. 16. Under Stark-Whites leadership and creative production, TJMS became without question the leading syndicated radio show targeting urban audience. 17. As Director of Talent for Black Entertainment Television (BET)the premier cable network targeted to African American and urban viewersStarks White created and managed a talent department that secured guests for all of the networks programming, including BET Live, 106 & Park, Rap City and The Tavis Smiley Show. 18. Because of her successes in her role as director, in 2000 BET executives chose her to spearhead an initiative for developing and enhancing its awards show. That selection paid off, with award-winning results, including BETs 20th Anniversary Show, BET Block Party and BETs Walk of Fame featuring Luther Vandross, one of the most prolific and beloved performers in Black history. 19. The success of TJMS was no fluke, as Starks White would prove again and again. Starks White next hit-maker would be The Michael Baisden Show. In 2004, Starks White agreed to become Executive Producer of ABC Radio Networks Michael Baisden Show. 20. At the time, Baisden hosted an afternoon drive-time radio show on New York Citys 98.7 KISS. And although he enjoyed some measure of success, Baisden wanted more, and to
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achieve it, he turned to Starks White just as Tom Joyner did when he wanted to elevate his presence in the media. Within nine months under Starks Whites guidance, Baisdens show went from a single New York City program to successful national distribution that included commanding the number one slot in six of the top ten U.S. markets. The Start of the Starks White And Rickey Smiley Business Relationship 21. By the time of her successes with The Michael Baisden Show, Starks White had sealed her reputation as someone who achieved successful results, and unsurprisingly she became as well-known as the clients she had propelled to fame in industry circles. 22. Smiley, a then moderately-successful regional disc jockey, knew of Starks White reputation and implored her to take reigns of his career. 23. Starks White first began working with Smiley in 2009. At the time, she was the Director of Multimedia Marketing for Radio Ones affiliate Syndication One, based in Dallas. Smiley hosted a morning drive time radio show carried on a handful of Radio Ones affiliate stations. Smiley was a difficult personality, and Starks White was one of the few people from whom Smiley would take direction. 24. Smiley knew of Starks Whites achievements in the urban radio and television space, and in late 2009, he began urging her to take an active role in building his career. Though he enjoyed some popularity, Smileys show was carried in very few markets and he had yet to attain the kind of prominence and success Tom Joyner and Michael Baisden enjoyed after becoming Starks Whites clients. Smiley was fully aware of the success of Tom Joyner and TJMS, and familiar with the national success enjoyed by Michael Baisden. Smiley knew that the successes of those projects and personalities were due, in large part, to Starks Whites guidance, production skills and relationships.
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25. More importantly, Smiley, then unhappy with his management, wanted desperately for Starks White to provide those services to him, and knew that if Starks White got behind him, his career opportunities would dramatically increase as they did for Joyner and Baisden. 26. Smiley really needed to change his career trajectory. Over the course of his

moderately successful career, Smiley had neglected his federal income tax obligations and owed the Internal Revenue Service millions of dollars. His finances were a mess. More importantly, his lifestyle and spending habits were putting him further and further behind. 27. Over time, Starks White and Smileys relationship became one of mutual trust and admiration. Despite his shortcomings, Starks White saw potential in Smileys brash style, and even though his show had a limited audience, she knew that with the right strategic guidance, Smiley could become a national star. 28. But knowing Smileys darker propensitieshis difficult personality and his out-ofcontrol spending bingesStarks White was a reluctant suitor. After months of discussion, and a meeting with Smiley in Dallas during the National Basketball Associations All-Star Weekend, Starks White finally agreed that Smiley was worth it, and agreed to become his manager. Starks informed Radio One of her decision, and, in addition to her responsibilities with the radio network, she began providing management services for Smiley. 29. Smiley was thrilled that Starks White was now in control of his career. He knew that with Starks White in his corner, his dream of national stardom could finally come true. Smileys optimism was not unwarranted. Within months, Smileys radio audience expanded from fewer than 20 markets to more than 60 stations across the country. Starks White also worked with Smileys accountant to begin to put Smileys financial affairs in reasonable order. They helped him formulate a payment plan with the Internal Revenue Service for his unpaid
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taxes. And to increase his overall value, Starks White planned an aggressive expansion of Smileys syndicated radio shows footprint. Things were finally looking up for Smiley. 30. Smileys contract with Radio One was up for renewal in April 2012, and Smiley wanted Starks White to handle the negotiations for his new contract with Radio One. But since she was still an employee of Syndicated One, the affiliate entity, handling Smileys affairs now posed a conflict of interest. Effective December 2011, Starks White resigned her position with Syndicated One, and successfully pursued a new contract for Smileys syndicated radio show. 31. Because Smiley already had an existing show under contract with Radio One, Starks White had never accepted a fee for Smileys radio earnings prior to the contract she negotiated. But with the new contract, she and Smiley agreed that he would pay her ten percent (10%) of the revenue Smiley received in connection with the Radio One Show, as opposed to the 15% fee typical for a manager relationship. From the first revenues received under the new contract through March 2013 when he terminated the management relationship, on information and belief, Smiley paid Starks White on that basis. 32. With respect to all other revenue streams developed from Starks Whites efforts, Smiley and Starks White agreed that she would receive the typical standard management commission of fifteen percent (15%) of gross proceeds. Until March 2013, when Smiley

terminated the business relationship with Starks White, on information and belief, Smiley paid her according to that agreement. 33. Though Starks Whites efforts as Smileys new manager immediately added value and allowed Smileys show to expand nationally, Starks White was not complacent in her services to Smiley and his show. She wanted more for him and set out to make that a reality. 34. To that end, Starks White envisioned a television shownot unlike the Sky Show
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she had created for TJMS years before. Starks White knew that connecting with a television audience would benefit Smileys radio show and enhance its commerciality. Smiley loved the idea. 35. That opportunity presented itself in early 2011 when Starks White was introduced to Stu Weiss, the Chief Creative Officer and Owner of Studio City, a film and television production company based in New York and Los Angeles. Weiss had conceived a television show he called Dish Nation; and he asked Starks White to help him secure The Rickey Smiley Show for the show. 36. Weiss took the Dish Nation television show concept to 20th Century Fox Television (Fox). After meeting with key decision-makers at Fox, including the head of the network, they secured a television deal, and Dish Nation became a reality, debuting on July 25, 2011 for a sixweek test run basis on Fox television stations in seven markets, including the major television marketsNew York City, Atlanta, Detroit, Los Angeles, Baltimore and Washington, D.C. 37. Dish Nation showed tremendous promise from the start. It billed as an

entertainment news program featuring a fast paced, unscripted take on pop culture, celebrity scandals and salacious, headline grabbing conversations. Smiley quickly became the star of Dish Nation, which had an eleven percent (11%) increase in household ratings from the premiere week through the end of the six-week test period. In Atlanta, Dish Nation even beat out The Tonight Show and the David Letterman Show among men 18-49, and it was the number one show for that demographic in Baltimore. 38. On September 10, 2012, Fox announced that Dish Nation would return for a 52 week full series. By December 2012, the ratings and audience expansion had exploded. And by January 2013, Dish Nation was the number one new first run show in syndication. For the week
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of December 17, 2012, it even beat out national media icons Katie Couric, Jeff Probst and Steve Harvey in the coveted 18-49 demographic. On January 25, 2013, after the ratings success of the first 100 episodes, Fox announced that it was picking up a second season. 39. Indeed, Starks White was delivering, and Smiley was becoming a national celebrity, expanding beyond the comic stage and radio. With the creation and production of Dish Nation on Fox, and with the expansion of his radio show, Starks White had already done more for Smiley than any previous manager in his career. She also obtained and/or developed for Rickey Smiley, a content distribution deal for a series of prank call albums, and his live show comedy DVD which also aired as a BET special. Starks White was instrumental in producing a national football classic tour of historically black colleges and universities (HBCUs) featuring Smiley and a tour of mega-churches to support the sale of a faith-based market music project of Smileys entitled Joe Willie and the Deuteronomaires. 40. By December 2011, Starks White had also started working on the next stage in the development of Smileys brand and career. She envisioned a television situation comedy, which she called The Rickey Smiley Show. With her husband, noted entertainment attorney Ward White IV (White IV), Starks White prepared a treatmentwhich in the entertainment arena provides a synopsis of a proposed showof The Rickey Smiley Show (TRSS). Though White IV has performed legal services on behalf of Smiley and Breakwind since 2010, Smiley and Breakwind agreed that White IV would also serve as a producer for the new showparticularly since he and his wife, Starks White, co-created the concept. Starks White and White IV

described the proposed show as fresh and innovative, starring Smiley, playing himself, as a successful bachelor and radio host who is thrust into foster parenthood when his grandmother passes away leaving four foster children in his care. The new dad is forced to juggle his
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nationally syndicated radio show hosting job as he navigates the choppy seas of teenaged drama, raging hormones, abandonment issues, eating disorders and bullies in search of his most rewarding job yet... as a father. 41. Starks White originally intended to propose the new show to Fox. But rather than simply pitch the show concept, Starks White set out to produce the show internally, including raising the necessary production funds. She tapped her relationships to raise potentially millions of dollars to film and produce TRSS. But besides the production funding, she also wanted to bring a world-class creative team to the table. 42. To that end, she secured accomplished writer, Anthony C. Hill, to join the creative writing team. Hill had gained notoriety as a writer on film and television projects such as Meet the Browns and House of Payne, two Tyler Perry runaway hits; UPNs Eve; and Columbia TriStar Televisions Between Brothers. She was even able to gain the interest of famed actor and rap performer Ice Cube, who had, in recent years, become a darling of the box office with the highly acclaimed Boyz n the Hood, Friday, XXX: State of the Union, and Three Kings, among many others. 43. In visualizing her plan to develop a hit television show centered on Rickey Smiley, Starks Whitetypical of her strategies in the pasttook an out-of-the-box approach. With no prior relationship, Starks White cold-called Roger Bobb (Bobb) and asked him to join her in producing the show, a move that dramatically propel the production of TRSS forward. Roger

Bobb was no small-fry; but rather a prominent producer and member of the Tyler Perrys multimedia empire that in the past decade have put out productions that dominated the stage, television and film genres. 44. London-born and raised in New York City, Bobb studied film at Brooklyn Colleges
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School of Visual Arts. He was accepted into the prestigious Directors Guild of Americas Assistant Director Trainee Program in 1996 where he worked with notable directors Woody Allen, Robert Altman and James Mangold. A decade later, Bobb had produced or assisted in directing over 40 feature films, television programs and music videos. 45. In 2004, Tyler Perry asked Bobb to be an assistant director on his first film Diary of a Mad Black Woman, based on Perrys popular stage play of the same name. The movie grossed over $100 million. Since then, Bobb has produced eleven other Perry films, and two television series for the famed film maker. 46. With no affiliations whatsoever with Starks White, Bobb agreed to meet her to discuss the potential show, and she traveled to Atlanta for the meeting in October 2011. Bobb expressed interest in the show, but did not commit at the time. 47. Starks White continued her efforts, reaching out to other relationships to secure the funding needed for the production. All the while, she continued to keep Bobb in the loop of her progress. As a result, Bobb agreed to attend another meeting with Starks White in Dallas in December 2011. This time, however, Bobb agreed to join the production team and he, Starks White and her husband White IV went to work developing the show. 48. Though Starks White had planned to pitch the show to Fox, Bobb had a close relationship with Turner Network Television (TNT), and he and Starks White agreed to approach that network with the show concept. TNT loved it, and expressed a desire to distribute the show. Smiley was ecstatic. Once again, Starks White was contributing to Smileys career development in ways that his previous managers failed to explore. 49. As Starks White, Bobb and White IV continued to work towards the production of TRSS, word of the production got back to TV Ones president and CEO Alfred Liggins, who
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later implored Bobb and Starks White to consider launching TRSS on TV One rather than TNT. To sweeten the offer, Liggins offered to cover the full production costs budgeted for the show. 50. By February 2012, TRSS was in full production. The show was filmed in Atlanta, Georgia, essentially requiring Smiley to take up temporary residence in that state. Not wanting to be deprived of Starks White guidance and physical presence during TRSS production, Smiley requested that Starks White move to Atlanta in an apartment located across the street from Smileys rented apartment. Smiley agreed to pay all expenses related to the apartment, including the rent and utilities. However, Smileys poor credit rating prevented him from leasing the apartment in his name, and consequently he suggested that Starks White rent the apartment in her name. She agreed. But when Smiley fired Starks White in April 2013, he immediately

discontinued and refused to pay the remaining lease obligation and utilities, his commitment and obligation to pay notwithstanding. Naturally, Starks White had to personally cover those

expenses to protect her own credit rating. 51. Smileys inability to responsibly manage his finances proved to be a constant source of distraction in his business relationship with Starks White, and at times required her to extend her services to Smiley in ways she never contemplated. Even though his revenue had increased in multiplesby 2013 Smileys gross annual income approached $3 millionSmiley still had difficulties keeping his financial affairs in order. Smileys lack of financial discipline and impetuous tendencies would foreshadow events to come. 52. By the end of 2012, Smiley had become, thanks to Starks White, a legitimate star. His radio show had expanded. Even his stand-up comedy shows were benefiting from his newfound celebrity. Dish Nation was renewed for yet another season. The Rickey Smiley Show which premiered on TV One on September 18, 2012 was renewed for an unprecedented 26
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episodes on TV One in March 2013. Included in the budget were producer fees for Starks White and White IV, who were both to receive $195,000. The second season premiered on July 26, 2013. Neither Starks White nor White IV were ever paid the producer fees they negotiated even though the second season was based in substantial part on their efforts. 53. Despite these successes, on or about April 3, 2013, Smiley decided that he no longer needed Starks White to promote his career. He directed his new designated representative and/or de facto manager, a former Radio One executive named Bruce Demps (Demps), to send Starks White a letter via email, informing her that her services as a manager/agent are no longer required. Further, Demps indicated that he had instructed Smileys accountant to make no additional payments to Starks White or any vendors on her behalf. 54. Neither Smiley nor Demps ever gave an explanation of his decision to terminate Starks White. But a review of documents actually revealed the likely motive. On or about March 14, 2013, Smileys CFO prepared a memorandum that reflected Smileys financial state of affairs. That document revealed thatdespite the substantial success Smiley enjoyed as a consequence of Starks Whites efforts, Smileys costly and reckless lifestyle was still drastically impacting his finances. 55. Specifically, Smileys CFO determined that if Smiley did not continue to supplement his monthly revenue with live performances, his outrageous spending would put him more than $40,000 in the hole each monthan astonishing fact given that Smileys gross monthly revenues exceeded $350,000. 56. In other words, even though Starks White had assisted Smiley in working through his federal income tax issues, and increased his annual revenue many times over, Smileys playboy lifestyle was literally flushing tens of thousands of dollars down the toilet every month.
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Smiley would routinely waste thousands of dollars flying in young women, sometimes more than one at a time, and renting luxury hotels for their trysts. 57. At the time of Demps letter terminating her services, Smiley owed fees related to (1) the renewal of the second season of TRSS in the amount of fifteen percent (15%) of the gross receipts related to Season Two, plus creator and producer fees totaling several hundreds of thousands of dollars; (2) two live comedy shows that were arranged by Starks White in Nashville, Tennessee and Chicago, Illinois in the amount of fifteen percent (15%) of the gross receipts; (3) 15% of the gross receipts related to Smileys current contract with Dish Nation on Fox; (4) 10% of Smileys gross contract value related to his Radio One radio syndicated show; and (5) all remaining balances related to the Atlanta apartment Smiley insisted that she rent for the filming of TRSS. VI. CAUSES OF ACTION A. Count I: Breach of Contract. 58. Starks White hereby incorporates the allegations set forth in the preceding paragraphs as if fully set forth herein. 59. In December 2011, Starks White and Defendants entered into a valid and enforceable oral contract that was performable within one year, pursuant to which Starks White agreed to provide management services in furtherance of Smileys career. 60. Starks White has fully performed the services under the contract and Defendants accepted the benefits of those services. 61. Defendants failed to pay the agreed upon fees owed as a result of the services rendered by Starks White.
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62. Defendants have also failed to pay reasonable reimbursement for expenses incurred in connection with the services provided by Starks White pursuant to their agreement. B. Count II: Quantum Meruit. 63. Starks White hereby incorporates the allegations set forth in the preceding paragraphs as if fully set forth herein. 64. Starks White provided to Defendants valuable management services, including the creation, development and production of an expanded nationally syndicated radio show, two television shows, live performance events, and career development; all of which was accepted by Defendants. 65. Defendants knew or should have known that Starks White expected compensation when they accepted the services and benefits of her management efforts. 66. Starks Whites expected compensation was no greater than the amount typically granted for these types of management service contracts in the entertainment industry, namely 15% of all revenues resulting from entertainment contracts entered into while providing management services. 67. Because Starks White expected compensation, Defendants acceptance of the services described herein resulted in damages and fees for which Starks White should be paid. 68. Starks White seeks damages within the jurisdictional limits of this Court. C. Count III: Promissory Estoppel. 69. Starks White hereby incorporates the allegations set forth in the preceding paragraphs as if fully set forth herein. 70. Defendants made a promise to Starks White that she would be compensated for managerial and for production services.
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71. Starks White reasonably and substantially relied on Defendants promises to her detriment. 72. Starks Whites reliance on Defendants commitment to pay for managerial and production services was foreseeable by Defendants. 73. Injustice can be avoided only be enforcing Defendants promises. D. Count IV: Attorneys Fees. 74. Starks White hereby incorporates the allegations set forth in the preceding paragraphs as if fully set forth herein. 75. As a result of Defendants breaches of contract, Starks White was required to retain counsel to protect her claims. 76. Starks White is entitled to recover reasonable attorneys fees pursuant to TEX. CIV. PRAC. & REM. CODE 38.001. VII. JURY DEMAND 77. Starks White demands a jury trial which is currently scheduled for September 8, 2014. VIII. REQUEST FOR RELIEF For all the foregoing reasons, Plaintiff respectfully requests that this Court enter a judgment in her favor and against Defendants, for reasonable attorneys fees and costs, and for such further relief as the Court may deem appropriate and which she may be entitled.

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By:

/s/ Kennedy Barnes _________ Kennedy Barnes Texas Bar No. 00786947 klb@lhlaw.net C. Jeffrey Price Texas Bar No. 24041724 cjp@lhlaw.net

3102 Oak Lawn Avenue Suite 777 Dallas, Texas 75219-4241 Telephone: (214) 560-2201 Telecopier: (214) 560-2203 ATTORNEYS FOR PLAINTIFF

CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document has been served via electronic mail, facsimile and first class mail upon the following counsel of record on this the 4th day of February 2014. G. Michael Gruber Robert E. Weitzel Gruber Hurst Johansen Hail Shank LLP 1445 Ross Avenue Suite 2500 Dallas, Texas 75202 /s/ Kennedy Barnes _________ Kennedy Barnes

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