On February 06, 2023 a
Complaint,Petition
was filed
involving a dispute between
Yam Capital Iii Llc,
and
Bailey, Annette L,
Bailey, Joe S,
for FOREIGN JUDGMENT (CV)
in the District Court of Dallas County.
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FILED
2/6/2023 6:51 PM
FELICIA PITRE
DISTR|CT CLERK
DALLAS co., TEXAS
Ashley Davenport DEPUTY
DC-23-01 765
CAUSE NO.
YAM CAPITAL III, LLC, § IN THE DISTRICT COURT OF
§
PlaintifflIudgment Creditor, §
§
v. § DALLAS COUNTY, TEXAS
§
JOE S. BAILEY and ANNETTE L. §
162m
BAILEY, §
§
Defendants/Judgment Debtors. § JUDICIAL DISTRICT
PETITION TO DOMESTICATE AND ENFORCE FOREIGN IUDGMENT
Plaintiff/Judgment Creditor, YAM Capital III, LLC (” AM”), files this Petition to
Domesticate and Enforce Foreign Judgment against Defendants/Judgment Debtors, Joe
S. Bailey and Annette L. Bailey (”judgment Debtors”), as follows:
1. On March 10, 2022, the Superior Court for the State of Arizona in and for
the County of Maricopa, in Cause No. CV2020-002929, styled YAM Capital III, LLC v. Ioe
S. Bailey and Annette L. Bailey, entered a final judgment that awarded YAM damages
against Judgment Debtors in the principal sum of $4,787,654.68, plus interest thereon at
the rate of 24% per annum from May 1, 2020, until paid in full, plus attorney’s fees and
non-taxable costs in the amount of $245,133.00; plus taxable costs in the amount of
$23,869.21, plus interest on the foregoing attorneys’ fees and costs at the rate of 4.5% per
annum from the date of the judgment until paid in full.
PETITION TO DOMESTICATE AND ENFORCE FOREIGN JUDGMENT — PAGE 1
2. An authenticated copy of that judgment is attached hereto for purposes of
domestication and enforcement in Texas pursuant to the Uniform Enforcement of Foreign
Judgments Act, Tex. CiV. Prac. 8: Rem. Code Ann. §§ 35.001, et seq.
3. An affidavit containing the information required by Section 35.004 of the
Texas Civil Practice and Remedies Code is being filed concurrently herewith.
WHEREFORE, PREMISES CONSIDERED, YAM prays that the authenticated copy
of the judgment be filed in accordance with the law and that judgment be filed and
domesticated so that it may have the same force and effect as if that judgment was
rendered in the State of Texas.
Respectfully submitted,
/s/ Brian Vanderwoude
J. Brian Vanderwoude
Texas Bar No. 24047558
DORSEY & WHITNEY LLP
200 Crescent Court, Suite 1600
Dallas, Texas 75201
(214) 981-9900 Phone
(214) 981-9901 Facsimile
vanderwoude.brian@dorsev.com
ATTORNEY FOR PLAINTIFF/ JUDGMENT
CREDITOR YAM CAPITAL III, LLC
PETITION TO DOMESTICATE AND ENFORCE FOREIGN JUDGMENT — PAGE 2
Document Filed Date
February 06, 2023
Case Filing Date
February 06, 2023
Category
FOREIGN JUDGMENT (CV)
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FILED 2/6/2023 6:51 PM FELICIA PITRE DISTR|CT CLERK DALLAS co., TEXAS Ashley Davenport DEPUTY DC-23-01 765 CAUSE NO. YAM CAPITAL III, LLC, § IN THE DISTRICT COURT OF § PlaintifflIudgment Creditor, § § v. § DALLAS COUNTY, TEXAS § JOE S. BAILEY and ANNETTE L. § 162m BAILEY, § § Defendants/Judgment Debtors. § JUDICIAL DISTRICT PETITION TO DOMESTICATE AND ENFORCE FOREIGN IUDGMENT Plaintiff/Judgment Creditor, YAM Capital III, LLC (” AM”), files this Petition to Domesticate and Enforce Foreign Judgment against Defendants/Judgment Debtors, Joe S. Bailey and Annette L. Bailey (”judgment Debtors”), as follows: 1. On March 10, 2022, the Superior Court for the State of Arizona in and for the County of Maricopa, in Cause No. CV2020-002929, styled YAM Capital III, LLC v. Ioe S. Bailey and Annette L. Bailey, entered a final judgment that awarded YAM damages against Judgment Debtors in the principal sum of $4,787,654.68, plus interest thereon at the rate of 24% per annum from May 1, 2020, until paid in full, plus attorney’s fees and non-taxable costs in the amount of $245,133.00; plus taxable costs in the amount of $23,869.21, plus interest on the foregoing attorneys’ fees and costs at the rate of 4.5% per annum from the date of the judgment until paid in full. PETITION TO DOMESTICATE AND ENFORCE FOREIGN JUDGMENT — PAGE 1 2. An authenticated copy of that judgment is attached hereto for purposes of domestication and enforcement in Texas pursuant to the Uniform Enforcement of Foreign Judgments Act, Tex. CiV. Prac. 8: Rem. Code Ann. §§ 35.001, et seq. 3. An affidavit containing the information required by Section 35.004 of the Texas Civil Practice and Remedies Code is being filed concurrently herewith. WHEREFORE, PREMISES CONSIDERED, YAM prays that the authenticated copy of the judgment be filed in accordance with the law and that judgment be filed and domesticated so that it may have the same force and effect as if that judgment was rendered in the State of Texas. Respectfully submitted, /s/ Brian Vanderwoude J. Brian Vanderwoude Texas Bar No. 24047558 DORSEY & WHITNEY LLP 200 Crescent Court, Suite 1600 Dallas, Texas 75201 (214) 981-9900 Phone (214) 981-9901 Facsimile vanderwoude.brian@dorsev.com ATTORNEY FOR PLAINTIFF/ JUDGMENT CREDITOR YAM CAPITAL III, LLC PETITION TO DOMESTICATE AND ENFORCE FOREIGN JUDGMENT — PAGE 2