FILED

DALLAS COUNTY
1/11/2018 1:34 PM
FELICIA PITRE
DISTRICT CLERK

No.
No. DC-17-15421
DC-l7-15421

IN RE JAVIER PALOMAREZ §§ IN THE DISTRICT COURT

Petitioner.
Petitioner. §§
§§
§§ OF DALLAS COUNTY, TEXAS
§§
§§
§§ 192ND JUDICIAL DISTRICT
192ND

PALOMAREZ’ FIRST AMENDED VERIFIED PETITION

JAVIER PALOMAREZ'
TO TAKE DEPOSITION BEFORE SUIT

Petitioner, Javier
Petitioner, Javier Palomarez
Palomarcz ("Palomarez"),
(“Palomarez”), requests
requests the
the Court
Court for
for permission
permission to take an
to take an

oral examination to
oral examination to obtain testimony to
obtain testimony to investigate
investigate aa potential
potential claim,
claim, as
as permitted by Texas
permitted by Texas Rule
Rule

of Civil
Civil Procedure
Procedure 202.
202.

INTRODUCTION

1.
1. Palomarez
Palomarez is
is an individual, resides in
individual, who resides in Dallas
Dallas County,
County, Texas,
Texas, and
and does
does business
business in
in

Washington D.C. Palomarez

Washington Palomarez is
is the
the President/CEO of
of the
the United
United States Hispanic Chamber of
States Hispanic of

Commerce ("USHCC") and the

(“USHCC”) and the United
United States Hispanic Chamber of
States Hispanic of Commerce Foundation,
Foundation, Inc.
Inc.

("USHCC
(“USHCC Foundation").
Foundation”). Palomarez has
Palomarez has held
held these positions since
these positions 2010 and,
since 2010 and, according
according to
to

Bloomberg: "Mr.
Bloomberg: “Mr. Palomarez is one of
is one of the
the nation's
nation’s pre-eminent multi-cultural sales
pre-eminent multi-cultural and
sales and

marketing
marketing executives."
executives.”

2.
2. A deposition
deposition is requested of Ximena Guadalupe Vaca-Humirichouse
is requested Vaca-Humirichouse ("Vaca"),
(“Vaca”), an
an

individual
individual who resides
resides in Dallas County,
in Dallas Texas. Vaca may be served
County, Texas. with notice
served with notice of this
this Petition
Petition

at her place of residence

at her place residence at
at 8508 San Fernando Way, Dallas, Texas
Way, Dallas, Texas 75218.
75218. Vaca's business
Vaca’s business

telephone
telephone number is
is 214-740-2424. Vaca is the Chairman and
is the and CEO of
of Pinnacle
Pinnacle Group,
Group, a
a Dallas
Dallas

based IT and
and workforce service-company and she
she is
is or
or was Chairman Emeritus of the
Emeritus of the USHCC

Board of
0f Directors
Directors and current the USHCC Foundation
current Chairman of the Foundation Board
Board of
of Directors.
Directors.

JAVIER PALOMAREZ’
PALOMAREZ' FIRST AMENDED VERIFIED PETITION TO
TAKE DEPOSITION BEFORE SUIT Page 1l of13
of l3
 BACKGROUND

3.
3. Palo marez, as
Palomarez, as CEO of
of the
the USHCC and former CEO of the
the USHCC Foundation
Foundation

(Palomarez was terminated

(Palomarez was terminated by
by the
the USHCC Foundation
Foundation following
following a
a Board presentation
presentation by
by Vaca),
Vaca),

has been the

has subject of numerous
the subject numerous attacks
attacks upon his
his position
position at
at the
the USHCC and USHCC

Foundation by
Foundation by Vaca,
Vaca, Carmen Castillo,
Castillo, Gissel
Gissel Gazok Nicholas,
Nicholas, Rosa Santana,
Santana, and/or Roland

Juarez/Hunton &
JuarezlHunton & Williams
Williams (collectively
(collectively the
the "Co-Conspirators").
“Co-Conspirators”).

4.
4. Vaca was aa member of the USHCC Board and has
of the has been removed from its
its website.
website. She

is
is the
the Chairman of
of the
the USHCC Foundation Board,
Board, and was Chairman of the
the USHCC

Compensation Committee during

during the relevant time
the relevant time period
period starting
starting in
in 2010.
2010.

5.
5. Carmen Castillo
Castillo ("Castillo")
(“Castillo”) is
is a
a member of the
the USHCC Board,
Board, a
a confidant
confidant of Vaca

and believed
believed to
to be
be an
an actor in a current
actor in current conspiracy
conspiracy against
against Palomarez.
Palomarez.

6.
6. Gissel
Gissel Gazok Nicholas
Nicholas ("Nicholas")
(“Nicholas”) was employed by
by the
the USHCC for
for seven
seven years
years and

worked as
as Palomarez'
Palomarez’ Chief of
of Staff
Staff until
until she
she was reassigned
reassigIed to
t0 another
another position
position by
by Palomarez

in October
in October 2017.
2017. Nicholas
Nicholas is
is a confidant
confidant of Vaca and believed
believed to
to be an actor
actor in
in a
a current
current

conspiracy against Palomarez.

conspiracy against Palomarez.

7.
7. Rosa Sanata
Sanata ("Santana")
(“Santana”) is
is a
a member of the
the USHCC Board,
Board, a
a confidant
confidant of
of Vaca and

believed to be an actor
believed to actor in
in a
a current
cunent conspiracy
conspiracy against
against Palomarez.
Palomarez.

8.
8. Roland Juarez,
Roland Juarez, Esquire
Esquire ("Juarez"),
(“Juarez”), the
the USHCC general
general counsel
counsel and partner
partner at
at the
the Los

Angeles law firm

firm of & Williams,
of Hunton & Williams, is
is a
a confidant
confidant of Vaca and
and believed
believed to
to be an
an actor
actor in
in a
a

current
cunent conspiracy
conspiracy against
against Palomarez.
Palomarez.

9.
9. Prior
Prior to
to the
the formation
formation of
of the
the conspiracy,
conspiracy, Palomarez
Palomarez and
and Vaca enjoyed
enjoyed a
a close
close

relationship
relationship that
that was later
later ended for
for personal
personal reasons
reasons that,
that, unfortunately,
unfortunately, resulted
resulted in
in discord
discord and
and

PALOMAREZ’ FIRST AMENDED VERIFIED PETITION TO

JAVIER PALOMAREZ'
TAKE DEPOSITION BEFORE SUIT Page
Page 2 of13
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personality conflict
personality between Palomarez and
conflict between and Vaca.
Vaca. Palomarez
Palomarez hoped and thought the relationship
thought the relationship

with Vaca would remain cordial

with and professional
cordial and professional but
but Vaca felt otherwise.
felt otherwise.

10.
10. It is
It believed the
is believed the attacks upon Palomarez
attacks upon Palomarez began after Vaca was asked
began afier asked to review
to review

Palomarez'
Palomarcz’ new employment contract
contract terms.
terms. Vaca made allegations
allegations that
that Palomarez had
had been
been

grossly
grossly over-compensated (by as
over-compensated (by as much as
as $1,500,000)
$1,500,000) than he was entitled
than he entitled to
to under
under his
his 2013
2013

contract with
contract with the
the USHCC. A claim
claim that
that upon investigation
investigation was proven
proven false.
false. It
It is believed these
is believed these

allegations
allegations were bolstered
bolstered by Juarez, who was
by Juarez, enlisted to
enlisted to assist
assist Vaca in terminating Palomarez’
in terminating Palomarez'

positions
positions at the USHCC and the
at the the USHCC Foundation.
Foundation.

11.
11. Vaca's
Vaca’s next move, as
next move, as Chairman of the
the USHCC Foundation,
Foundation, was to retaliate against
to retaliate against

Palomarez by
by failing to clarify
failing to clarify the
the compensation issue
issue or controversy that
or controversy that she created and using
she created using

this false claim

this false claim to
to terminate
terminate Palomarez from his position
from his position as the USHCC Foundation
as the with
Foundation CEO with

absolutely notice or
absolutely no notice or due process.
process. Vaca presented
presented to the USHCC Foundation
to the Foundation Board her
her false
false

claim
claim that Palomarez had
that Palomarez had cheated the USHCC out
cheated the out of nearly
nearly $1,500,000. It is
$1,500,000. It believed the
is believed the

USHCC Foundation
Foundation terminated Palomarez upon Vaca’s
terminated Palomarez Vaca's false claim.
false claim.

12.
12. Juarez,
Juarez, on his
his own and without Board approval
without Board unilaterally lowered
approval unilaterally Palomarez'
lowered Palomarez’

USHCC salary by $37,000

salary by and it
$37,000 and is believed
it is believed orchestrated
orchestrated a vote from the
a vote the USHCC Executive
Executive

Committee
Committee to
to ask
ask Palomarez to
to resign
resign or be terminated
or be terminated and to repay
and to repay $1,500,000
$1,500,000 (in
(in funds
funds

Palomarez did
Palomarez did not
not owe).
owe). This
This action
action was not only questionable
not only questionable because
because it was done
it was before any
done before any

substantive investigation
substantive investigation began but
but also
also questionable
questionable in that Juarez
in that Juarez likely
likely did
did not have the
not have the

authority to
authority to unilaterally
unilaterally alter
alter USHCC employee salaries less one
salaries much less one that
that is based on
is based on aa contract
contract

that was not

that not determined by
by the
the Board to have been breached
to have breached by
by Palomarez. This action
Palomarez. This action was not
not

only outside
only outside Juarez'
Juarez’ authority, but
authority, but it before Palomarez
it was before Palomarez was given
given an opportunity to
an opportunity to defend
defend

PALOMAREZ’ FIRST AMENDED VERIFIED PETITION TO

JAVIER PALOMAREZ'
TAKE DEPOSITION BEFORE SUIT Page 3 of13
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himself. Again, it
himself. Again, it is
is believed Juarez used
believed Juarez used the
the false over-compensation claim
false over-compensation claim to
to get the result,
get the result, the
the

termination
termination or
or resignation
resignation ofPalomarez
of Palomarez from the
the USHCC, that
that he
he and Vaca sought.
sought.

13.
13. The over-compensation
over-compensation claim
claim is
is based upon Palomarez'
based upon Palomarcz’ 2013 employment
employment contract
contract

with
with the
the USHCC; in
in particular, the contract
particular, the contract was supposed to have
supposed to an annual
have an five percent
annual five percent increase
increase

as set
as forth by
set forth by the
the USHCC Compensation Committee but
but the
the contract
contract was not drafted properly
not drafied properly

and the
the five percent annual
five percent annual salary
salary increase
increase was not in the
not in contract. The employment contract
the contract. contract was

negligently drafted by
negligently drafied by Juarez,
Juarez, who knew the
the salary
salary increase was an
increase was an agreed term, but
agreed term, but failed
failed to
to

include this material

include this term. Further,
material term. Further, Vaca also the over-compensation
also knew the claim was false
over—compensation claim false

because she
because she was on the
the USHCC Compensation Committee that approved the
that approved the salary
salary increase.
increase.

14.
l4. Vaca then
then went
went public
public with her false
with her false claims
claims by
by speaking
speaking to
to an
an on-line
on-line "news"
“news” site,
site,

Buzzfeed.
Buzzfeed. Vaca has
has admitted
admitted she
she was the
the source
source of
of Buzzfeed's
Buzzfeed’s article
article on the
the USHCC and
and

Palomarez
Palomarez and
and the
the false
false claim
claim that he was "making
that he “making more than
than double
double what
what his
his contract
contract stipulated
stipulated

he should
should make."
make.” Here,
Here, Vaca took what should
took what have been
should have been aa private
private USHCC Complaint,
Complaint, which

had not
not been
been investigated
investigated or
or even brought
brought before
before the
the Board, and made it
Board, and it public
public without first
without first

seeking
seeking the
the approval
approval of the
the Board. It is
Board. It is worth noting
noting that
that the article stated
the article stated that
that when the Board
the Board

was asked by
by Buzzfeed the
the Board responded:
responded: "it would not
“it would not be
be appropriate
appropriate to
to comment on
on this
this

ongoing process at
ongoing process at this time."
this time.”

15.
15. Vaca further
further besmirched the sitting USHCC CEO and
the sitting and Board
Board member by
by commenting
commenting to
to

Buzzfeed that
that Palomarez "is
“is a
a desperate
desperate man who will
will say anything." Allegedly,
say anything.” Allegedly, this
this was in
in

response to
response to aa question
question about
about Palomarez threatening to
Palomarez threatening to sue
sue Vaca over her excessive
over her excessive compensation
compensation

claim.
claim. This only raises
This only raises more questions
questions about what Vaca actually
about what actually said to Buzzfeed;
said to was she
Buzzfeed; was the
she the

source
source for
for the
the article
anicle in
in the
the first
first place,
place, was she the source
she the source for stating Palomarez
for stating Palomarez had
had threatened
threatened to
to

PALOMAREZ' FIRST AMENDED VERIFIED PETITION TO

JAVIER PALOMAREZ’
TAKE DEPOSITION BEFORE SUIT Page
Page 4
4 of13
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sue
sue her
her over
over her
her compensation
compensation claim
claim (which
(which Palomarez had
had not
not done and if
if so
so it
it would have

been
been private), was
private), was she
she the
the source
source for
for comparing
comparing salaries
salaries with
with La Raza,
Raza, was she
she the
the source
source for
for the
the

article
article listing
listing Palomarez'
Palomarez’ salary
salary as
as $611,015,
$611,015, was she
she the
the source
source for
for telling
telling Buzzfeed four
four

staffers have left

staffers have lefi recently,
recently, and
and was she
she the
the source
source for
for the
the disparagement
disparagement and sniping
sniping at
at

Palomarez'
Palomarez’ character
character and
and management style.
style. And,
And, were the
the comments to calculated to
to Buzzfeed calculated to

undermine Palomarez
undermine Palomarez before
before a
a legitimate
legitimate review and
and investigation by the
investigation by the Board could even

begin.
begin.

16.
16. Vaca,
Vaca, we believe,
believe, then
then approached
approached Nicholas,
Nicholas, who was unhappy
unhappy with
with her job
her job

reassignment.
reassignment. It
It is
is believed
believed that
that Vaca enlisted
enlisted Nicholas
Nicholas to
to assist
assist in
in the
the smear of Palomarez.
Palomarez.

Nicholas
Nicholas is
is on record
record to
to "love
“love the
the [USHCC] and its
its mission
mission [and]
[and] I've
I’ve worked with
with many great
great

people." Yet,
people.” Yet, in
in early
early October
October 2017 she
she began to
to undermine
undermine Palomarez
Palomarez by
by going
going to
to various
various

USHCC Board members to

to complain
complain that
that Palomarez was being
being overpaid.
overpaid. Nicholas,
Nicholas, as
as the
the

USHCC Chief
Chief of
of Staff,
Staff, would not,
not, or
or should
should not,
not, have
have access
access to
to Palomarez'
Palomarcz’ salary
salary information;
information;

so
so how would she
she be
be able
able to
to be
be critical
cn'tical of
of something
something she
she should
should not
not know;
know; however,
however, Vaca knew.

17.
17. Then,
Then, to
to escalate
escalate the
the attacks
attacks on Palomarez,
Palomarez, Vaca,
Vaca, it
it is
is believed,
believed, approached
approached Nicholas
Nicholas to
to

make aa sexual
sexual harassment
harassment claim
claim against
against Palomarez
Palomarez and,
and, in
in return,
return, Vaca would have
have Nicholas
Nicholas

the new USHCC CEO. Nicholas,

named the Nicholas, despite
despite working
working at
at the
the USHCC for
for seven
seven years
years and
and

having never
having never made aa claim
claim against
against Palomarez,
Palomarez, made a
a false
false sexual
sexual harassment
harassment claim
claim against
against

Palomarez, which,
Palomarez, which, according
according to
to Nicholas,
Nicholas, amounted to
to nothing
nothing more than
than incidental
incidental touching
touching in
in

aa public
public and
and social
social setting.
setting. Palomarez
Palomarez denies
denies it
it ever
ever happened.
happened.

18.
18. On December 6, 2017, the
6, 2017, the USHCC Board took
took under
under consideration
consideration the
the charges
charges of over-
over-

compensation brought
brought by
by Juarez
Juarez and it
it is
is believed
believed rejected
rejected them.
them. It
It is
is believed
believed that
that Juarez
Juarez failed
failed

JA VIER PALOMAREZ’
JAVIER PALOMAREZ' FIRST AMENDED VERIFIED PETITION TO
TAKE DEPOSITION BEFORE SUIT Page 55 of13
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to
to present
present to
to the that Mr.
the Board that Mr. Marc Rodriguez,
Rodriguez, a
a member of the
the 2013 Compensation

Committee (along
(along with
with Don Salazar,
Salazar, Juarez
Juarez and Vaca),
Vaca), recalled
recalled that
that Palomarez was to
to receive
receive an

annual
annual salary increase of five
salary increase five percent.
percent. It
It is
is also
also believed
believed that
that Juarez
Juarez chose
chose not
not to
to interview
interview Mr.

Rodriguez in the first

in the first place
place and Juarez
Juarez chose not
not to
to disclose
disclose to
to the
the Board that
that he and Vaca were

aware that Palomarez' employment contract

that Palomarez’ contract was supposed
supposed to
to include
include an
an annual
annual five
five percent
percent

increase.
increase. Had Juarez just admitted
Juarez just admitted that
that he was aware of
of the
the salary
salary increase
increase and made a
a mistake
mistake

in
in drafting
drafiing the
the employment agreement,
agreement, then
then the
the Vaca inspired
inspired attacks
attacks on Palomarez would have

been minimized.

19.
19. Then,
Then, Castillo, a USHCC Board member, USHCC Audit
Castillo, a Audit Committee Chair
Chair and
and member

of Vaca's
Vaca’s conspiracy,
conspiracy, sought
sought to
to have the
the Board reconsider
reconsider additional
additional claims
claims against
against Palomarez

by making
by false
false claims
claims and statements
statements against
against Palomarez in
in a
a document entitled
entitled "Report
“Report on

Former Employee Complaints."

Complaints.” Castillo's
Castillo’s claims
claims were
were made despite
despite the
the USHCC's
USHCC’s financial
financial

audits
audits showing no irregularities
irregularities as
as of date.
date.

20.
20. In particular, the
In particular, the timing
timing and context
context of
of Castillo's
Castillo’s report
report is
is highly
highly questionable
questionable as
as it
it was

not
not solicited
solicited or
or sought
sought by the USHCC Board,
by the Boaxd, it
it was not
not the
the work of
of the
the Audit
Audit Committee but
but

Castillo
Castillo alone,
alone, and was not
not sanctioned
sanctioned or
or supported
supported by
by the
the Audit
Audit Committee;
Committee; rather,
rather, it
it was the
the

handy work of the

the Co-Conspirators.
Co-Conspirators. Oddly,
Oddly, Castillo's
Castillo’s language
language in
in her
her report,
report, the
the allegations,
allegations,

and the
the reliance upon unidentified
reliance ‘upon unidentified sources,
sources, is
is eerily
eerily similar,
similar, and
and in
in some respects
respects exact,
exact, to
to the
the

claims by Nicholas.
claims made by Nicholas.

21.
21. Santana and Castillo
Castillo have
have conspired
conspired to
to support
support any
any and
and all
all negative
negative USHCC Board
Board

action
action against
against Palomarez regardless
regardless of
of the
the facts
facts or
or circumstances.
circumstances.

22.
22. Palomarez seeks
seeks to
to investigate
investigate potential
potential claims against Vaca and
claims against and the
the Co-Conspirators.
Co-Conspirators.

PALOMAREZ’ FIRST AMENDED VERIFIED PETITION TO

JAVIER PALOMAREZ'
TAKE DEPOSITION BEFORE SUIT Page
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6 of13
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In that
In that regard,
regard, Palomarez
Palomarez requests to take
requests to take the
the oral deposition of Vaca regarding
oral deposition her knowledge,
regarding her knowledge,

her
her actions,
actions, her
her communications,
communications, and her planning
and her planning (including
(including a
a potential conspiracy with
potential conspiracy with the
the

aforementioned potential
aforementioned parties) with
potential parties) with respect
respect to
to herself
herself and the
the Co-Conspirators.
Co-Conspirators.

23.
23. This
This petition
petition is
is filed
filed in
in Dallas County, Texas,
Dallas County, Texas, where Vaca resides.
resides.

T0 DEPOSE
REQUEST TO

24.
24. Palomarez requests the
Palomarez requests the Court to issue
Court to issue an order
order authorizing
authorizing Palomarez to examine Vaca
to examine

by oral deposition.
by oral deposition.

25.
25. Palomarez expects to elicit
expects to the following
elicit the testimony from Vaca:
following testimony Vaca:

a)
a) Vaca's
Vaca’s activity
activity on the Board of Directors
the Board Directors of
of the
the USHCC Foundation concerning
Foundation concerning
Palomarez,
Palomarez, including
including but not limited
but not to her
limited to her communication (conversations,
(conversations, email,
email,
letters,
letters, texts,
texts, facsimiles,
facsimiles, correspondence,
correspondence, telephone
telephone calls)
calls) with
with board
board members,
the
the reason
reason for
for said
said communication, any board action,
any board action, and any
any board
board votes;
votes;

b)
b) Vaca's
Vaca’s input,
input, advice,
advice, counsel,
counsel, and/or
and/or comments as
as Chainnan
Chairman ofof the
the Board
Board of
Directors for USHCC Foundation
Directors for Foundation to
to the
the Board of
of Directors,
Directors, or
or any
any member
thereto,
thereto, concerning
concerning Palomarez;
Palomarez;

c) Identify
Identify the person who drafted
the person the USHCC Foundation
drafied the Foundation Minutes that
that concern
concern
Palomarez;
Palomarez;

d) The contents
contents of any
any USHCC Foundation Board Minutes
Foundation Board Minutes that
that concern
concem Palomarez;
Palomarez;

e) Any input, comment, communication,

input, comment, communication, knowledge,
knowledge, or
or involvement had in
involvement Vaca had in
any
any action
action to
to modify,
modify, adjust
adjust and/or
and/or revise
revise Palomarez'
Palomarez’ compensation
compensation from
from the
the
USHCC;

f) communications that
Any communications that Vaca has
has had, the substance
had, the substance of
of the
the communication, and
communication, and
the identity of
the identity of the
the party
party involved, concerning Palomarez;
involved, concerning Palomarez;

g)
g) Vaca's
Vaca’s involvement
involvement and recollection
recollection of the 2013
of the 2013 USHCC Compensation
Compensation
Committee that
that worked on Palomarez’
Palomarez' employment contract,
contract, including
including Juarez'
Juarez’
involvement;
involvement;

h)
h) The facts
facts relied by Vaca to
relied upon by address the
to address the USHCC Foundation
Foundation Board
Board about
about
Palomarez;
Palomarez;

i)
i) Vaca's
Vaca’s communication with Juarez, USHCC Legal
with Roland Juarez, Legal Counsel,
Counsel, concerning
concerning

JAVIER PALOMAREZ’
PALOMAREZ' FIRST AMENDED VERIFIED PETITION TO
TAKE DEPOSITION BEFORE SUIT Page
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 Palomarez;
Palomarez;

j) Vaca’s
j) Vaca's communication
communication with
with Eliza
Eliza Hernandez,
Hernandez, Vice President
President USHCC
Foundation,
Foundation, concerning
concerning Palomarez;
Palomarez;

k)
k) Vaca's
Vaca’s communication
communication with
with Gissel
Gissel Gazek-Nicholas,
Gazek—Nicholas, USHCC Chief of Staff,
Staff,

concerning
concerning Palomarez,
Palomarez, appointment
appointment as
as USHCC CEO, and Nicholas'
Nicholas’ sexual
sexual
harassment
harassment claim;
claim;

I)
1) Any USHCC Board
Board vote
vote counting
counting or
or projections
projections of
of vote
vote counting
counting by
by Vaca,
Vaca,
Castillo,
Castillo, Juarez,
Juarez, Santana,
Santana, that relates to
that relates to Board action
action against
against Palomarez;
Palomarez;

m) Any promises
m) promises Vaca has
has made to
to any
any Co-Conspirator
Co-Conspirator in
in return
return for
for their
their
cooperation
cooperation against
against Palomarez;
Palomarez;

n)
n) Vaca's status
Vaca’s status on
on the
the USHCC Board and
and any
any action
action taken
taken against
against her,
her, if
if any,
any, by
by
the Board;
the Board;

0) Vaca' s communication
o) Vaca’s communication with
with Carmen Castillo
Castillo concerning
concerning Palomarez;
Palomarez;

p)
p) Vaca's communication with
Vaca’s with Betty
Betty Manetta concerning
concerning Palomarez;
Palomarez;

q)
q) Vaca'
Vaca’ss communication with
with Alice
Alice Rodriguez concerning
concerning Palomarez;
Palomarez;

r)
r) Vaca's communication with
Vaca’s with Ian
Ian Poush concerning
concerning Palomarez;
Palomarez;

s)
s) Vaca's
Vaca’s communication with
with Nebiyu
Nebiyu Seyoum concerning
concerning Palomarez;
Palomarez;

t)
t) Vaca's communication with
Vaca’s Phillip Gadsen concerning
with Phillip concerning Palomarez;
Palomarez;

u)
u) Vaca's
Vaca’s communication with
with Samuel Lindsay
Lindsay concerning
concerning Palomarez;
Palomarez;

v)
v) Vaca's
Vaca’s communication with
with Pablo Manriquez concerning
concerning Palomarez;
Palomarez;

w) Vaca's
w) Vaca’s communication with Devire
communication with Devire Cutcher
Cutcher concerning
concerning Palomarez;
Palomarez;

x)
x) Vaca's
Vaca’s communications
communications with
with Buzzfeed concerning
concerning Palomarez;
Palomarez;

y)
y) Any communication
communication by
by or with Vaca,
or with Vaca, including
including attempted
attempted or
or anticipated,
anticipated, with
with
any USHCC Board of Directors
any Directors member, past
past or
or present,
present, concerning
concerning Palomarez;
Palomarez;

z)
z) Any communication Vaca has
has had with
with any
any employee
employee of the USHCC or
of the or USHCC
Foundation
Foundation concerning
concerning Palomarez;
Palomarez;

PALOMAREZ’ FIRST AMENDED VERIFIED PETITION TO

JA VIER PALOMAREZ'
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TAKE DEPOSITION BEFORE SUIT Page
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 aa)
aa) Any defamatory
defamatory communication by
by Vaca about
about Palomarez;
Palomarez;

bb) The reasons

bb) reasons Vaca created
created the
the conspiracy;
conspiracy;

cc)
cc) Vaca's
Vaca’s personal
personal and
and professional
professional bias
bias for
for or
or against
against Palomarez
Palomarez regarding
regarding his
his
compensation and
and position
position as
as an officer
officer and
and director
director at
at the
the USHCC and the
the
USHCC Foundation;
Foundation;

dd)
dd) Vaca's
Vaca’s actions,
actions, statements
statements and/or
and/or policies
policies (whether
(whether written
written or
or unwritten)
unwritten) that
that
created
created a hostile
hostile workplace
workplace at the
at the USHCC and/or
and/or USHCC Foundation
Foundation towards
towards
Palomarez;
Palomarez; and

ee)
ee) Vaca's with USHCC Board members to
Vaca’s communication with to undermine
undermine and undercut
undercut
corporate
corporate support
support for the USHCC and
for the and Palomarez.
Palomarez.

26.
26. Palomarez
Palomarez needs
needs to
to depose
depose Vaca because
because Palomarez
Palomarez is
is investigating
investigating a
a potential
potential claim
claim

against
against Vaca,
Vaca, and
and others,
others, including
including a
a conspiracy
conspiracy claim,
claim, related
related to
to Vaca's
Vaca’s and
and the
the Co-

Conspirators'
Conspirators’ conduct
conduct in
in connection
connection with
with their
their planning
planning and
and execution
execution of a
a conspiracy,
conspiracy, their
their

conduct
conduct towards
towards and
and communication to certain members of
to certain of the
the Board
Board for
for the
the USHCC and
and

directly before the

directly before the Board for
for the
the USHCC Foundation;
Foundation; namely,
namely, to
to have
have Palomarez
Palomarez terminated
terminated as
as

President/CEO.
President/CEO. Specifically
Specifically Palomarez believes
believes that
that Vaca and
and the
the Co-Conspirators
Co-Conspirators have
have

defamed him before

before numerous members,
members, directors
directors and
and employees
employees at
at the
the USHCC and
and USHCC

Foundation,
Foundation, they
they have
have violated
violated the
the USHCC Bylaws,
Bylaws, they
they have
have violated
violated the
the USHCC Code of
of

Ethics,
Ethics, they
they have committed
committed fraud,
fraud, and
and they
they have violated
violated privacy
privacy laws,
laws, among other
other potentially
potentially

discoverable
discoverable claims.
claims.

27.
27. Palomarez requests
requests that
that the
the Court
Court order
order Vaca to
to produce the following
produce the following documents
documents at
at the
the

deposition:
deposition:

a)
a) Vaca's
Vaca’s tangible
tangible communications (email,
(email, letters,
letters, texts,
texts, facsimiles,
facsimiles, and
and
correspondence)
correspondence) inin the
the last
last four
four years
years with
with Palomarez;
Palomarez;

b)
b) Any notes
notes Vaca made of
of USHCC Foundation
Foundation Board
Board of
of Directors
Directors meetings
meetings
concerning
concerning Palomarez;
Palomarez;

PALOMAREZ’ FIRST AMENDED VERIFIED PETITION TO

JAVIER PALOMAREZ' T0
TAKE DEPOSITION BEFORE SUIT Page
Page 9
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 aa)
aa) Any defamatory
defamatory communication by
by Vaca about
about Palomarez;
Palomarez;

bb) The reasons

bb) reasons Vaca created
created the
the conspiracy;
conspiracy;

cc)
cc) Vaca's
Vaca’s personal
personal and
and professional
professional bias
bias for
for or
or against
against Palomarez
Palomarez regarding
regarding his
his
compensation and
and position
position as
as an officer
officer and
and director
director at
at the
the USHCC and the
the
USHCC Foundation;
Foundation;

dd)
dd) Vaca's
Vaca’s actions,
actions, statements
statements and/or
and/or policies
policies (whether
(whether written
written or
or unwritten)
unwritten) that
that
created
created a hostile
hostile workplace
workplace at the
at the USHCC and/or
and/or USHCC Foundation
Foundation towards
towards
Palomarez;
Palomarez; and

ee)
ee) Vaca's with USHCC Board members to
Vaca’s communication with to undermine
undermine and undercut
undercut
corporate
corporate support
support for the USHCC and
for the and Palomarez.
Palomarez.

26.
26. Palomarez
Palomarez needs
needs to
to depose
depose Vaca because
because Palomarez
Palomarez is
is investigating
investigating a
a potential
potential claim
claim

against
against Vaca,
Vaca, and
and others,
others, including
including a
a conspiracy
conspiracy claim,
claim, related
related to
to Vaca's
Vaca’s and
and the
the Co-

Conspirators'
Conspirators’ conduct
conduct in
in connection
connection with
with their
their planning
planning and
and execution
execution of a
a conspiracy,
conspiracy, their
their

conduct
conduct towards
towards and
and communication to certain members of
to certain of the
the Board
Board for
for the
the USHCC and
and

directly before the

directly before the Board for
for the
the USHCC Foundation;
Foundation; namely,
namely, to
to have
have Palomarez
Palomarez terminated
terminated as
as

President/CEO.
President/CEO. Specifically
Specifically Palomarez believes
believes that
that Vaca and
and the
the Co-Conspirators
Co-Conspirators have
have

defamed him before

before numerous members,
members, directors
directors and
and employees
employees at
at the
the USHCC and
and USHCC

Foundation,
Foundation, they
they have
have violated
violated the
the USHCC Bylaws,
Bylaws, they
they have
have violated
violated the
the USHCC Code of
of

Ethics,
Ethics, they
they have committed
committed fraud,
fraud, and
and they
they have violated
violated privacy
privacy laws,
laws, among other
other potentially
potentially

discoverable
discoverable claims.
claims.

27.
27. Palomarez requests
requests that
that the
the Court
Court order
order Vaca to
to produce the following
produce the following documents
documents at
at the
the

deposition:
deposition:

a)
a) Vaca's
Vaca’s tangible
tangible communications (email,
(email, letters,
letters, texts,
texts, facsimiles,
facsimiles, and
and
correspondence)
correspondence) inin the
the last
last four
four years
years with
with Palomarez;
Palomarez;

b)
b) Any notes
notes Vaca made of
of USHCC Foundation
Foundation Board
Board of
of Directors
Directors meetings
meetings
concerning
concerning Palomarez;
Palomarez;

PALOMAREZ’ FIRST AMENDED VERIFIED PETITION TO

JAVIER PALOMAREZ' T0
TAKE DEPOSITION BEFORE SUIT Page
Page 9
9 of13
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 c)
c) Vaca's
Vaca’s tangible
tangible communications with
with any
any USHCC Foundation Board of Director
members concerning
concerning Palomarez;
Palomarez;

d)
d) Vaca's
Vaca’s tangible
tangible communications with
with USHCC Board of Director
Director members
concerning
concerning Palomarez;
Palomarez;

e)
e) All
All audits,
audits, and any
any related
related documents
documents thereto,
thereto, of
of the and USHCC
the USHCC and
Foundation
Foundation that
that were ordered,
ordered, approved or
or paid
paid for
for by
by Vaca;
Vaca;

1)
f) All
A11 tangible
tangible communications between Vaca and Roland Juarez
Juarez concerning
Palomarez;
Palomarez;

g)
g) All
All tangible
tangible communications between Vaca and Gissel
Gissel Gazek-Nicholas
Gazek—Nicholas
concerning
concerning Palomarez;
Palomarez;

h)
h) All
All tangible
tangible communications between Vaca and
and Carmen Castillo
Castillo concerning
concerning
Palomarez;
Palomarez;

i)
i) All
All tangible
tangible communications between Vaca and Rosa Santana
Santana concerning
concerning
Palomarez;
Palomarez;

j) All
j) All tangible
tangible communications between Vaca and Betty
Betty Manetta concermng
concerning
Palomarez;
Palomarez;

k)
k) All tangible communications between Vaca and Eliza
All tangible Eliza Hernandez concerning
concerning
Palomarez;
Palomarez;

1)
l) All
A11 tangible
tangible communications between Vaca and Alice
Alice Rodriguez concerning
Palomarez; and
Palomarez;and

m) All
m) A11 tangible
tangible communications between Vaca and USHCC Board to
to undermine or
or
undercut
undercut corporate
corporate support
support for
for Palomarez.

28.
28. The likely
likely benefit
benefit of allowing
allowing Palomarez to take the
to take the requested
requested deposition
deposition to
to investigate
investigate

a potential
potential claim
claim outweighs
outweighs the
the burden or
or expense of
of the
the procedure.
procedure. By allowing
allowing this
this requested
requested

Rule 202 deposition

deposition Palomarez has
has the
the opportunity
opportunity to
to determine
determine if
if the
the rumor,
rumor, innuendo and

hearsay,
hearsay, and beliefs
beliefs concerning
concerning termination
termination of
of his
his employment at
at the
the USHCC and his
his

termination
termination at
at USHCC Foundation are,
are, in
in fact,
fact, true
true and if
if true
true who is
is involved
involved in
in the
the scheme,
scheme,

PALOMAREZ’ FIRST AMENDED VERIFIED PETITION TO

JAVIER PALOMAREZ'
TAKE DEPOSITION BEFORE SUIT Page 10
10 of13
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other than
other than Vaca.
Vaca. Further, not
Further, not only
only will
will this
this investigation
investigation aid
aid Palomarez in
in making decisions
decisions

about potential
about potential parties,
parties, but
but it will facilitate
it will facilitate potential
potential settlement
settlement negotiations based upon fact,
negotiations based fact, not
not

innuendo
innuendo and supposition.
supposition. The requested deposition is
requested deposition an opportunity
is an opportunity to not waste
to not waste judicial
judicial

resources or
resources or attorney
attorney fees
fees on parties
parties who might
might otherwise
otherwise not be named panics,
not be parties, on claims
claims or
or

causes that
causes that might not
not be well
well plead
plead or
or would require
require different pleading, and
different pleading, it
it may aid
aid in
in

settlement
settlement negotiations
negotiations with the parties
with the parties on an
an even playing field of
playing field of facts
facts and understandings.
understandings.

HEARING

29.
29. After service
Afier service of this petition and notice,
this petition notice, Rule 202.3(a) requires
Rule 202.3(a) requires that
that the
the Court hold a
Court hold

hearing on the
hearing petition.
the petition.

WHEREFORE, Petitioner Javier Palomarez asks

Petitioner Javier asks the
the Court to set
Court to this petition
set this petition for hearing
for hearing

and, after the

and, afier the hearing, to order
hearing, to order the deposition of Xi
the deposition mena Guadalupe
Ximena Guadalupe Vaca-Humrichouse and
and the
the

production of documents listed

production listed in
in this
this Petition,
Petition, and for
for such other
other and
and further
further relief,
relief, at
at law or
or in
in

equity,
equity, that Petitioner may show himself
that Petitioner justly entitled.
himselfjustly entitled.

JA VIER PALOMAREZ’
JAVIER PALOMAREZ' FIRST AMENDED VERIFIED PETITION TO
TAKE DEPOSITION BEFORE SUIT Page 11
Page ll of13
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 Respectfully
Respectfully submitted,
submitted,

/s/ Marcos G. Ronquillo

/s/ Marcos G. Ronauillo
Marcos O.
G. Ronquillo
Ronquillo
Texas Bar No. 17226000
Steven
Steven R.
R. Shaver
Shaver
Texas Bar No. 18136550
FISHMAN JACKSON
RONQUILLO
13155
13 1 55 Noel Road,
Road, Suite
Suite 700
Dallas,
Dallas, TX 75240
Telephone:
Telephone: 972.419.5500
Facsimile:
Facsimile: 972.419.5501
Ingrollquillo@fjrpllc.conl
IngronguilloftDfimllccom
sshaver@firpllc.coln
sshavergazfimllc.com

Counsel
Counsel For Petitioner
Petitioner
Javier
Javier Palomarez
Palomarez

PALOMAREZ’ FIRST AMENDED VERIFIED PETITION TO

JAVIER PALOMAREZ'
TAKE DEPOSITION BEFORE SUIT Page 12 of13
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