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CAUSE N0. DC—21-11479
RECOVERY FUNDING § IN THE DISTRICT COURT
SERVICE, LLC, AS §
ASSIGNEE OF HATTON W. §
SUMNERS FOUNDATION §
FOR THE STUDY AND §
TEACHING OF THE §
SCIENCE OF SELF §
GOVERNMENT, §
INC. D/B/A §
SUMNERS FOUNDATION,
é
Plaintiff, § 162nd JUDICIAL DISTRICT
.
§
V. §
§
JAMES AMOS, JR., STEPHEN §
A. BATMAN, WILLIAM D. §
GROSS, DENNIS §
MCCUISTION, REAGAN §
STEWART, AND MICHAEL L. §
WHALEN, §
§
Defendants. § DALLAS COUNTY, TEXAS
ORDER GRANTING DEFENDANT WILLIAM D. (“TEX”) GROSS
MOTION TO DISMISS
Came on for consideration Defendant William D. (”TEX‘”) Gross Motion to
the
Dismiss, and Supplemental Brief Supporting Motion to Dismiss (collectively,
“Motions”). The Court, having considered the Motions, responses, replies, pleadings,
should be
arguments of counsel, and law, is of the opinion that the Motion
GRANTED. It is, therefore,
ORDERED that Mr. Gross’ Motion to Dismiss is hereby GRANTED.
ORDER GRANTING DEFENDANT WILLIAM D. (“TEX”) GROSS
MOTION TO DISMISS Page 1
IT IS FURTHER ORDERED that, due t0 Defendant's Motion to Dismiss,
Plaintiff Recovery Funding Service LLC, as assignee of Hatton W. Sumners
Foundation for the Study and Teaching of the Science of Self-Government, Inc. dfb/a
Summers Foundation’s claims against Defendant William D. ("TEX") Gross are
dismissed with prejudice.
IT IS FURTHER ORDERED that Plaintiff Recovery Funding Service LLC,
as assignee of Hatton W. Sumners Foundation for the Study and Teaching of the
Science of Self-Government, Inc. d/b/a Sumners Foundation’s must pay Defendant's
reasonable and necessary attorneys’ fees and costs incurred through the filing and
prosecution of its Motion to Dismiss the amount of $16,470.00.
IT IS FURTHER ORDERED that Defendants Supplemental Brief
Supporting Motion to Dismiss is hereby GRANTED.
IT IS FURTHER ORDERED that, due to Defendant's Supplemental Brief
Supporting Motion to Dismiss, Plaintiff Recovery Funding Service LLC, as assignee
of Hatton W. Sumners Foundation for the Study and Teaching of the Science of Self-
Government, Inc. dfb/a Sumners Foundation’s claims against Defendant William D.
("TEX") Gross are dismissed with prejudice.
IT IS FURTHER ORDERED that Plaintiff Recovery Funding Service LLC,
as assignee of Hatton W. Sumners Foundation for the Study and Teaching of the
Science of Self-Government, Inc. d/b/a Sumners Foundation’s must pay Defendant‘s
reasonable and necessary attorneys’ fees and costs incurred through the filing and
ORDER GRANTING DEFENDANT WILLIAM D. (“TEX”) GROSS
MOTION TO DISMISS Page 2
prosecution of its Supplemental Brief Supporting Motion to Dismiss (separate from
the fees incurred through the Original Motion to Dismiss) the amount of $18,651.12.
IT IS FURTHER ORDERED that additional reasonable attorneys’ fees
should be awarded in the following principal amounts under the following conditions:
$10,000.00 in the event a motion for new trial is filed and denied; $15,000.00 in the
event of an unsuccessful appeal to the Court of Appeals; an additional $20,000.00 in
the event a petition for review is filed with the Texas Supreme Court and denied; and
an additional $25,000.00 in the event the petition for review is granted by the Texas
Supreme Court, or briefs on the merits are requested, and this Order is upheld,
for
which let execution issue. It is further
IT IS FURTHER ORDERED that all relief requested by any party to this
action not expressly granted herein is DENIED.
SIGNED this the g day of I, l , 2022.
A12!
Y
O ORABLE JUDGE MOORE
ORDER GRANTING DEFENDANT WILLIAM D. (“TEX”) GROSS
Page 3
MOTION TO DISMISS
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Stephen Kennedy on behalf of Stephen Kennedy
Bar No. 11300425
skennedy@saklaw.net
Envelope ID: 63252252
Status as of 4/5/2022 8:56 AM CST
Associated Case Party: RECOVERY FUNDING SERVICE, LLC,
Name BarNumber Email TimestampSubmitted Status
Jason HFriedman jhfriedman@fflawoffice.com 4/4/2022 6:12:20 PM SENT
Jeff O'Dell jodell@fflawoffice.com 4/4/2022 6:12:20 PM SENT
Stacy Morrison smorrison@fflawoffice.com 4/4/2022 6:12:20 PM SENT
Jossette Griffin jgriffin@fflawoffice.com 41’41’2022 6:12:20 PM SENT
Mariam Alghaziani malghaziani@fflawoffice:com 411412022 6:12:20 PM ERROR
Associated Case Party: JAMES AMOS
Name BarNumber Email TimestampSubmitted Status
R. HeathCheek hcheek@beilnunnally.com 414/2022 6:12:20 PM SENT
J. ReidBurley rburley@bellnunnally.com 4/4/2022 6:12:20 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
JASON HFRIEDMAN Jason@fflawoffice.com 4/4/2022 6:12:20 PM SENT
Nancy Blum nblum@bellnunnally.com 4/4/2022 6:12:20 PM SENT
4/4/2022 6:12:20 PM SENT
Kaitlyn M.Coker kcoker@fflawoffice.com
Associated Case Party: STEPHENABATMAN
Name BarNumber Email TimestampSubmitted Status
H. N. Cunningham 5246900 hnciii@ao|.com 4/4/2022 6:12:20 PM SENT
Associated Case Party: WILLIAMDGROSS
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Stephen Kennedy on behalf of Stephen Kennedy
Bar No. 11300425
skennedy@saklaw.net
Envelope ID: 63252252
Status as of 4/5/2022 8:56 AM CST
Associated Case Party: WILLIAMDGROSS
Name BarNumber Email TimestampSubmitted Status
Stephen Kennedy skennedy@saklaw.net 4/4/2022 6:12:20 PM SENT
Joel Paniagua admin@saklaw.net 414/2022 6:12:20 PM SENT
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CAUSE N0. DC—21-11479 RECOVERY FUNDING § IN THE DISTRICT COURT SERVICE, LLC, AS § ASSIGNEE OF HATTON W. § SUMNERS FOUNDATION § FOR THE STUDY AND § TEACHING OF THE § SCIENCE OF SELF § GOVERNMENT, § INC. D/B/A § SUMNERS FOUNDATION, é Plaintiff, § 162nd JUDICIAL DISTRICT . § V. § § JAMES AMOS, JR., STEPHEN § A. BATMAN, WILLIAM D. § GROSS, DENNIS § MCCUISTION, REAGAN § STEWART, AND MICHAEL L. § WHALEN, § § Defendants. § DALLAS COUNTY, TEXAS ORDER GRANTING DEFENDANT WILLIAM D. (“TEX”) GROSS MOTION TO DISMISS Came on for consideration Defendant William D. (”TEX‘”) Gross Motion to the Dismiss, and Supplemental Brief Supporting Motion to Dismiss (collectively, “Motions”). The Court, having considered the Motions, responses, replies, pleadings, should be arguments of counsel, and law, is of the opinion that the Motion GRANTED. It is, therefore, ORDERED that Mr. Gross’ Motion to Dismiss is hereby GRANTED. ORDER GRANTING DEFENDANT WILLIAM D. (“TEX”) GROSS MOTION TO DISMISS Page 1 IT IS FURTHER ORDERED that, due t0 Defendant's Motion to Dismiss, Plaintiff Recovery Funding Service LLC, as assignee of Hatton W. Sumners Foundation for the Study and Teaching of the Science of Self-Government, Inc. dfb/a Summers Foundation’s claims against Defendant William D. ("TEX") Gross are dismissed with prejudice. IT IS FURTHER ORDERED that Plaintiff Recovery Funding Service LLC, as assignee of Hatton W. Sumners Foundation for the Study and Teaching of the Science of Self-Government, Inc. d/b/a Sumners Foundation’s must pay Defendant's reasonable and necessary attorneys’ fees and costs incurred through the filing and prosecution of its Motion to Dismiss the amount of $16,470.00. IT IS FURTHER ORDERED that Defendants Supplemental Brief Supporting Motion to Dismiss is hereby GRANTED. IT IS FURTHER ORDERED that, due to Defendant's Supplemental Brief Supporting Motion to Dismiss, Plaintiff Recovery Funding Service LLC, as assignee of Hatton W. Sumners Foundation for the Study and Teaching of the Science of Self- Government, Inc. dfb/a Sumners Foundation’s claims against Defendant William D. ("TEX") Gross are dismissed with prejudice. IT IS FURTHER ORDERED that Plaintiff Recovery Funding Service LLC, as assignee of Hatton W. Sumners Foundation for the Study and Teaching of the Science of Self-Government, Inc. d/b/a Sumners Foundation’s must pay Defendant‘s reasonable and necessary attorneys’ fees and costs incurred through the filing and ORDER GRANTING DEFENDANT WILLIAM D. (“TEX”) GROSS MOTION TO DISMISS Page 2 prosecution of its Supplemental Brief Supporting Motion to Dismiss (separate from the fees incurred through the Original Motion to Dismiss) the amount of $18,651.12. IT IS FURTHER ORDERED that additional reasonable attorneys’ fees should be awarded in the following principal amounts under the following conditions: $10,000.00 in the event a motion for new trial is filed and denied; $15,000.00 in the event of an unsuccessful appeal to the Court of Appeals; an additional $20,000.00 in the event a petition for review is filed with the Texas Supreme Court and denied; and an additional $25,000.00 in the event the petition for review is granted by the Texas Supreme Court, or briefs on the merits are requested, and this Order is upheld, for which let execution issue. It is further IT IS FURTHER ORDERED that all relief requested by any party to this action not expressly granted herein is DENIED. SIGNED this the g day of I, l , 2022. A12! Y O ORABLE JUDGE MOORE ORDER GRANTING DEFENDANT WILLIAM D. (“TEX”) GROSS Page 3 MOTION TO DISMISS Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Stephen Kennedy on behalf of Stephen Kennedy Bar No. 11300425 skennedy@saklaw.net Envelope ID: 63252252 Status as of 4/5/2022 8:56 AM CST Associated Case Party: RECOVERY FUNDING SERVICE, LLC, Name BarNumber Email TimestampSubmitted Status Jason HFriedman jhfriedman@fflawoffice.com 4/4/2022 6:12:20 PM SENT Jeff O'Dell jodell@fflawoffice.com 4/4/2022 6:12:20 PM SENT Stacy Morrison smorrison@fflawoffice.com 4/4/2022 6:12:20 PM SENT Jossette Griffin jgriffin@fflawoffice.com 41’41’2022 6:12:20 PM SENT Mariam Alghaziani malghaziani@fflawoffice:com 411412022 6:12:20 PM ERROR Associated Case Party: JAMES AMOS Name BarNumber Email TimestampSubmitted Status R. HeathCheek hcheek@beilnunnally.com 414/2022 6:12:20 PM SENT J. ReidBurley rburley@bellnunnally.com 4/4/2022 6:12:20 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status JASON HFRIEDMAN Jason@fflawoffice.com 4/4/2022 6:12:20 PM SENT Nancy Blum nblum@bellnunnally.com 4/4/2022 6:12:20 PM SENT 4/4/2022 6:12:20 PM SENT Kaitlyn M.Coker kcoker@fflawoffice.com Associated Case Party: STEPHENABATMAN Name BarNumber Email TimestampSubmitted Status H. N. Cunningham 5246900 hnciii@ao|.com 4/4/2022 6:12:20 PM SENT Associated Case Party: WILLIAMDGROSS Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Stephen Kennedy on behalf of Stephen Kennedy Bar No. 11300425 skennedy@saklaw.net Envelope ID: 63252252 Status as of 4/5/2022 8:56 AM CST Associated Case Party: WILLIAMDGROSS Name BarNumber Email TimestampSubmitted Status Stephen Kennedy skennedy@saklaw.net 4/4/2022 6:12:20 PM SENT Joel Paniagua admin@saklaw.net 414/2022 6:12:20 PM SENT