On April 27, 2018 a
Motion-Secondary
was filed
involving a dispute between
Mary Kay Inc.,
and
Xxxxxxx, Xxxxx Xxxxx,
for CNTR CNSMR COM DEBT
in the District Court of Dallas County.
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CAUSE NO. DC-18-05560
MARY KAY INC., § IN THE DISTRICT COURT OF
§
Plaintiff, §
§
V. § DALLAS COUNTY, TEXAS
§
xxxxx xxxxx xxxxxxx, §
§
Defendant. § 116th JUDICIAL DISTRICT
ORDER TO SHOW CAUSE
The Motion for Show Cause Order, Contempt, and Sanctions (“Motion”) by Plaintiff May
Kay Inc. (“Plaintiff’ or “Mary Kay”) seeking t0 have Defendant xxxxx xxxxx xxxxxxx (“xxxxxxx”
0r “Defendant”) held and punished for Contempt 0f Court in this matter, having been considered
and found legally sufficient;
IT IS THEREFORE ORDERED that Defendant appear before this Court t0 show cause
why she should not be held in contempt by reason 0f the commission 0f the following acts:
Violation 0f the Court’s May 22, 201 8 Agreed Temporary Injunction against xxxxx xxxxx xxxxxxx
(“Temporary Injunction”).
The Temporary Injunction states, in relevant part, that “Defendant xxxxx xxxxx xxxxxxx,
her agents, servants, employers, employees, attorneys and allpersons 0r entities acting in concert
0r participation with her are prohibited from engaging in the following actions: a) Promoting,
distributing, 0r selling t0 other members 0f the Mary Kay sales organization in the United States
0f America any products 0r services which are not produced, sold, 0r endorsed in writing by Mary
Kay .. .
.” See Temporary Injunction, dated May 22, 2018 (emphasis in original).
ORDER T0 SHOW CAUSE PAGE 1
As detailed in Mary Kay’s Motion, Defendant is accused 0f Violating Section (a) 0f the
Permanent Injunction, as follows:
1. Sending her “CEO Series” solicitation t0 members 0f Mary Kay’s sales organization
0n September 17, 2018.
2. Sending her “Are you registered for Awaken the Warrior Master Class?” solicitation
t0 members 0f Mary Kay’s sales organization 0n December 3, 2019.
3. Sending her “Transformational Coaching Begins January 2020” solicitation t0
members 0f Mary Kay’s sales organization 0n December 4, 2019.
Defendant faces potential civil contempt 0f court and criminal contempt 0f court for each
discrete act in which she violated the Court’s Temporary Injunction described above, each act 0f
which constitutes a separate potential Violation 0f the Temporary Injunction. A court may punish
each such act 0f criminal contempt with a fine 0f not more than $500 0r confinement in the county
jail for not more than six months, 0r both. Separately, Defendant faces a potential sanction,
pursuant t0 the Court’s inherent authority t0 deter, alleviate, and counteract abuse 0f the judicial
process, that would preclude her from offering argument and evidence as t0 certain defenses
asserted in this cause and require her t0 pay the reasonable attorneys’ fees and costs Mary Kay
incurred in connection with the filing and hearing 0f this Motion.
IT IS FURTHER ORDERED that the Clerk 0f this Court issue a Notice t0 Show Cause
directing and requiring Defendant t0 appear in the courtroom 0f the 116th Judicial District Court,
600 Commerce Street, 6th Floor New Tower, Dallas, TX 75202, 0n the_ day 0f
,2020, at _ _.m., then and there t0 show cause why she should not be adjudged
in contempt 0f this Court and sanctioned by reason 0f the grounds set forth above and in Mary
Kay’s Motion.
ORDER T0 SHOW CAUSE PAGE 2
IT IS SO ORDERED.
SIGNED this day 0f ,
2020.
JUDGE PRESIDING
481 1-5685-8975,
V. 1
ORDER T0 SHOW CAUSE PAGE 3
Document Filed Date
January 07, 2020
Case Filing Date
April 27, 2018
Category
CNTR CNSMR COM DEBT
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CAUSE NO. DC-18-05560 MARY KAY INC., § IN THE DISTRICT COURT OF § Plaintiff, § § V. § DALLAS COUNTY, TEXAS § xxxxx xxxxx xxxxxxx, § § Defendant. § 116th JUDICIAL DISTRICT ORDER TO SHOW CAUSE The Motion for Show Cause Order, Contempt, and Sanctions (“Motion”) by Plaintiff May Kay Inc. (“Plaintiff’ or “Mary Kay”) seeking t0 have Defendant xxxxx xxxxx xxxxxxx (“xxxxxxx” 0r “Defendant”) held and punished for Contempt 0f Court in this matter, having been considered and found legally sufficient; IT IS THEREFORE ORDERED that Defendant appear before this Court t0 show cause why she should not be held in contempt by reason 0f the commission 0f the following acts: Violation 0f the Court’s May 22, 201 8 Agreed Temporary Injunction against xxxxx xxxxx xxxxxxx (“Temporary Injunction”). The Temporary Injunction states, in relevant part, that “Defendant xxxxx xxxxx xxxxxxx, her agents, servants, employers, employees, attorneys and allpersons 0r entities acting in concert 0r participation with her are prohibited from engaging in the following actions: a) Promoting, distributing, 0r selling t0 other members 0f the Mary Kay sales organization in the United States 0f America any products 0r services which are not produced, sold, 0r endorsed in writing by Mary Kay .. . .” See Temporary Injunction, dated May 22, 2018 (emphasis in original). ORDER T0 SHOW CAUSE PAGE 1 As detailed in Mary Kay’s Motion, Defendant is accused 0f Violating Section (a) 0f the Permanent Injunction, as follows: 1. Sending her “CEO Series” solicitation t0 members 0f Mary Kay’s sales organization 0n September 17, 2018. 2. Sending her “Are you registered for Awaken the Warrior Master Class?” solicitation t0 members 0f Mary Kay’s sales organization 0n December 3, 2019. 3. Sending her “Transformational Coaching Begins January 2020” solicitation t0 members 0f Mary Kay’s sales organization 0n December 4, 2019. Defendant faces potential civil contempt 0f court and criminal contempt 0f court for each discrete act in which she violated the Court’s Temporary Injunction described above, each act 0f which constitutes a separate potential Violation 0f the Temporary Injunction. A court may punish each such act 0f criminal contempt with a fine 0f not more than $500 0r confinement in the county jail for not more than six months, 0r both. Separately, Defendant faces a potential sanction, pursuant t0 the Court’s inherent authority t0 deter, alleviate, and counteract abuse 0f the judicial process, that would preclude her from offering argument and evidence as t0 certain defenses asserted in this cause and require her t0 pay the reasonable attorneys’ fees and costs Mary Kay incurred in connection with the filing and hearing 0f this Motion. IT IS FURTHER ORDERED that the Clerk 0f this Court issue a Notice t0 Show Cause directing and requiring Defendant t0 appear in the courtroom 0f the 116th Judicial District Court, 600 Commerce Street, 6th Floor New Tower, Dallas, TX 75202, 0n the_ day 0f ,2020, at _ _.m., then and there t0 show cause why she should not be adjudged in contempt 0f this Court and sanctioned by reason 0f the grounds set forth above and in Mary Kay’s Motion. ORDER T0 SHOW CAUSE PAGE 2 IT IS SO ORDERED. SIGNED this day 0f , 2020. JUDGE PRESIDING 481 1-5685-8975, V. 1 ORDER T0 SHOW CAUSE PAGE 3