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    FC Dallas Dec Action

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    Peter Welpton
    1. FC Dallas Soccer, LLC filed a petition seeking declaratory relief against Daniel Hernandez regarding an employment agreement. 2. FC Dallas terminated Hernandez's employment for cause in December 2012 pursuant to the agreement. Hernandez's lawyer then sent a letter alleging the termination breached the agreement. 3. FC Dallas seeks a declaration that the employment agreement is valid and enforceable and that its early termination of Hernandez for cause complied with the agreement's terms.

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    FC Dallas Dec Action

    Uploaded by

    Peter Welpton
    3K views4 pages
    1. FC Dallas Soccer, LLC filed a petition seeking declaratory relief against Daniel Hernandez regarding an employment agreement. 2. FC Dallas terminated Hernandez's employment for cause in December 2012 pursuant to the agreement. Hernandez's lawyer then sent a letter alleging the termination breached the agreement. 3. FC Dallas seeks a declaration that the employment agreement is valid and enforceable and that its early termination of Hernandez for cause complied with the agreement's terms.

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    1. FC Dallas Soccer, LLC filed a petition seeking declaratory relief against Daniel Hernandez regarding an employment agreement. 2. FC Dallas terminated Hernandez's employment for cause in December 2012 pursuant to the agreement. Hernandez's lawyer then sent a letter alleging the termination breached the agreement. 3. FC Dallas seeks a declaration that the employment agreement is valid and enforceable and that its early termination of Hernandez for cause complied with the agreement's terms.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    3K views4 pages

    FC Dallas Dec Action

    Uploaded by

    Peter Welpton
    1. FC Dallas Soccer, LLC filed a petition seeking declaratory relief against Daniel Hernandez regarding an employment agreement. 2. FC Dallas terminated Hernandez's employment for cause in December 2012 pursuant to the agreement. Hernandez's lawyer then sent a letter alleging the termination breached the agreement. 3. FC Dallas seeks a declaration that the employment agreement is valid and enforceable and that its early termination of Hernandez for cause complied with the agreement's terms.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 4

    8178780501

    04:25:53 p.m. 0 3 - 1 9 - 2 0 1 3

    CAUSE NO. 1 12-4 FC DALLAS SOCCER, LLC IN THE DISTRICT COURT O N Plaintiff , 3 3 V (1rL J 1 J D I C I A T i 3 E C T ; L : . [1:g DANIEL HERNANDEZ 2 J ) Defendant COLLIN CO I t I C A S 3 Cr ) t 7 ".. 74 v PLAINTIFF'S ORIGINAL PETITION . FC Dallas Soccer, LLC, Plaintiff, les this Original Petition seeking declaratory relief and respectfully shows the Court as follows:
    . c t

    DISCOVERY CONTROLPLAN 1. P l a i n t i f f submits that it intends to conduct discovery under Level 3 o f the Texas Rules of Civil Procedure.

    PARTIES 2. P l a i n t i f f FC Dallas Soccer, L L C ("Plaintiff") i s a Texas Limited Liability Company with its principal ofce in Collin County, Texas. 3. D e f e n d a n t Daniel Hernandez ("Defendant") is an individual who resides at 421 Bandera Lane, Sunnyvale, TX 75182. Defendant may be served with process at that address.

    HI. JumsnterioN & VENUE


    4. T h i s Court has jurisdiction over the lawsuit because Defendant alleges Plaintiff breached a contract that was entered into, at least in part, in Collin County. Moreover, the

    PLAINTIFF'S ORIGINAL PETITION

    8178780501

    p.m. 0 3 - 1 9 - 2 0 1 3

    performance o f that contract was and did occur, i n whole or large part, i n Collin County. Accordingly, this lawsuit is about the performance, construction, validity, and/or enforcement of that written contract, which exceed this Court's minimum jurisdictional amount. 5. V e n u e is proper in Collin County, Texas, because a substantial part of the acts and omissions giving rising to the cause of action occurred in Collin County.
    I V.

    FACTS 6. P l a i n t i f f and Defendant entered into a written employment agreement (the "Agreement") effective January 1, 2012. 7. O n or about December 13, 2012, Plaintiff terminated Defendant's employment for cause pursuant to the express terms of the Agreement. 8. O n o r about January 31, 2013, Plaintiff received a letter from Defendant's attorney, Stephen Malouf. M r . Malouf's letter alleges that Plaintiff breached the Agreement because there was no legitimate cause for early termination of the Agreement. M r . Malouf's letter included a non-negotiable demand based on the alleged breach of Defendant's rights under the Agreement.
    V.

    CAUSEOF ACTION REOUEST FOR DECLARATORY JUDGMENT 9. P l a i n t i f f reasserts and incorporates b y reference the allegations set forth i n paragraphs 68. 10. P l a i n t i f f brings this claim under Chapter 37 o f the TDCAS CIVIL PRACTICE & REMEDIESCODE for a declaratory judgment.

    PLAINTIFF'S ORIGINAL PETTIION

    8178780501

    04:27:01 p.m. 0 3 - 1 9 - 2 0 1 3

    11. T h e r e exists a justiciable controversy regarding the contractual rights and status of the parties. 12. P l a i n t i f f seeks a declaration from the court that the Agreement is valid and enforceable, and that its early termination of the Agreement for cause complied with the terms of the Agreement.
    VI . A' rTORNEY' S FEES

    13. P l a i n t i f f is entitled to recover reasonable and necessary attorney fees and costs under TEXAS CIVIL PRACTICE & REMEDIESCODE section 37.009. VIII. PRAYER WHEREFORE, Plaintiff FC Dallas Soccer, L L C requests that Defendant Daniel Hernandez be cited to appear and answer, and that upon nal hearing Plaintiff have the following: A. j u d g m e n t against Defendant; B. re a so n a b l e attorney's fees and costs of court; and C. s u c h other and farther relief to which Plaintiff may be justly entitled.

    PLAINTIFF'S ORIGINAL PETrnoN

    8178780501

    04:27:33 p.m. 0 3 - 1 9 - 2 0 1 3

    Respectfully submitted,

    Michael P. Hutchens State Bar No. 00790941 William Brent Shellhorse State Bar No. 24008022 Whitaker Chalk Swindle & Schwartz PLLC 301 Commerce Street, Suite 3500 Fort Worth, Texas 76102 Telephone: 817-878-0514 Facsimile . ATTORNEYS FOR PLAINTIFF 8 1 7 - 8 7 8 - 0 5 0 1

    PLAINTIFF'SORIGINALPETITION

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