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CAUSE NO. DC-21-11479
RECOVERY FUNDING SERVICE, IN THE DISTRICT COURT
§§§§§§§§§§§§§§§§§§
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,
Plainttffl
v. 162ml JUDICIAL DISTRICT
JAMES AMOS, JR., STEPHEN A.
BATMAN, WILLIAM D. GROSS,
DENNIS MCCUISTION, REAGAN
STEWART, AND MICHAEL L.
WHALEN,
Defendants. DALLAS COUNTY, TEXAS
ORDER GRANTING DEFENDANTS AMOS, BATMAN.
STEWART, AND WHALEN’S MOTIONS TO DISMISS
Came on for consideration Defendants James Amos, Jr., Stephen A. Batman, Reagan
Stewart, and Michael L. Whalen’s ("Defendants”) Original Chapter 27 Anti—SLAPP Motion to
Dismiss, Amended Chapter 27 Anti—SLAP? Motion to Dismiss, and Amended Rule 91a Motion
to Dismiss (collectively, the “Motions”). The Court, having considered the Motions, responses,
replies, pleadings, arguments of counsel, and law, is of the opinion that the Motions should be
GRANTED. It is, therefore,
ORDERED that Defendants” Original Chapter 27 Anti-SLAPP Motion to Dismiss is
hereby GRANTED.
IT IS FURTHER ORDERED that, due to Defendants’ Original Chapter 27 Anti-SLAPP
Motion to Dismiss, Plaintiff Recovery Funding Service LLC, as assignee of Hatton W. Sumners
Foundation for the Stud},r and Teaching of the Science of Self-Government, lnc. di’b/a Sumners
ORDER GRANTING DEFENDANTS’
MOTIONS TO DISMISS AND A‘WARDING FEES PAGE I
Foundation’s claims against Defendants James Amos, Jr., Stephen A. Batman, Reagan Stewart,
and Michael L. Whalen are dismissed with prejudice.
IT IS FURTHER ORDERED that Plaintiff Recovery Funding Service LLC, as assignee
ofHatton W. Sumners Foundation for the Study and Teaching ofthe Science of Self-Government,
inc. d/b/a Sumners Foundation’s must pay Defendants” reasonable and necessary attorneys’ fees
and costs incurred through the filing and prosecution of its Original Chapter 27 Anti—SLAPP
Motion to Dismiss the amount of$49,141.80.
IT IS FURTHER ORDERED that Del’endants‘ Amended Chapter 27 Anti-SLAPP
Motion to Dismiss is hereby GRANTED.
IT IS FURTHER ORDERED that, due to Defendants’ Amended Chapter 27 Anti-SLAPP
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. d/b/a Sumners
Foundation’s claims against Defendants James Amos, J11, Stephen A. Batman, Reagan Stewart,
and Michael L. Whalen 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 ofthe Science of Self—Government,
Inc. d/b/a Sumners Foundation’s must pay Defendants’ reasonable and necessary attorneys’ fees
and costs incurred through the filing and prosecution of its Amended Chapter 27 Anti-SLAPP
Motion to Dismiss (separate from the fees incurred through the Original Chapter 27 Anti-SLAP?
Motion to Dismiss) the amount of$18,651.l2.
IT IS FURTHER ORDERED that Defendants’ Amended Rule 91a Motion to Dismiss is
hereby GRANTED.
ORDER GRANTING DEFENDANTS’ .
MOTIONS TO DISMISS AND A\VARDING FEES PAGE 2
IT IS FURTHER ORDERED that, due to Defendants’ Amended Rule 9la 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. d/b/a Sumners Foundation’s
claims against Defendants James Amos, Jr., Stephen A. Batman, Reagan Stewart, and Michael I...
Whalen 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 ofthe Science ofSelf—Government,
Inc. d/b/a Sumners Foundation’s must pay Defendants’ reasonable and necessary
attorneys’ fees
and costs incurred through the filing and prosecution of its Amended Rule 91a Motion to Dismiss
the amount of $45, 95.28.
1
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; in the event of an unsuccessful appeal
351100000.
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 herein1s DENIED.
SIGNEDthisthe lg
dig/Dim, 2022.
UlhllMW/l/l/
\hllnfll/li JUDGEV MOORE
HONORABLE
ORDER GRANTING DEFENDANTS’
MOTIONS TO DISMISS AND AW’ARDINC FEES PAGE 3
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CAUSE NO. DC-21-11479 RECOVERY FUNDING SERVICE, IN THE DISTRICT COURT §§§§§§§§§§§§§§§§§§ 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, Plainttffl v. 162ml JUDICIAL DISTRICT JAMES AMOS, JR., STEPHEN A. BATMAN, WILLIAM D. GROSS, DENNIS MCCUISTION, REAGAN STEWART, AND MICHAEL L. WHALEN, Defendants. DALLAS COUNTY, TEXAS ORDER GRANTING DEFENDANTS AMOS, BATMAN. STEWART, AND WHALEN’S MOTIONS TO DISMISS Came on for consideration Defendants James Amos, Jr., Stephen A. Batman, Reagan Stewart, and Michael L. Whalen’s ("Defendants”) Original Chapter 27 Anti—SLAPP Motion to Dismiss, Amended Chapter 27 Anti—SLAP? Motion to Dismiss, and Amended Rule 91a Motion to Dismiss (collectively, the “Motions”). The Court, having considered the Motions, responses, replies, pleadings, arguments of counsel, and law, is of the opinion that the Motions should be GRANTED. It is, therefore, ORDERED that Defendants” Original Chapter 27 Anti-SLAPP Motion to Dismiss is hereby GRANTED. IT IS FURTHER ORDERED that, due to Defendants’ Original Chapter 27 Anti-SLAPP Motion to Dismiss, Plaintiff Recovery Funding Service LLC, as assignee of Hatton W. Sumners Foundation for the Stud},r and Teaching of the Science of Self-Government, lnc. di’b/a Sumners ORDER GRANTING DEFENDANTS’ MOTIONS TO DISMISS AND A‘WARDING FEES PAGE I Foundation’s claims against Defendants James Amos, Jr., Stephen A. Batman, Reagan Stewart, and Michael L. Whalen are dismissed with prejudice. IT IS FURTHER ORDERED that Plaintiff Recovery Funding Service LLC, as assignee ofHatton W. Sumners Foundation for the Study and Teaching ofthe Science of Self-Government, inc. d/b/a Sumners Foundation’s must pay Defendants” reasonable and necessary attorneys’ fees and costs incurred through the filing and prosecution of its Original Chapter 27 Anti—SLAPP Motion to Dismiss the amount of$49,141.80. IT IS FURTHER ORDERED that Del’endants‘ Amended Chapter 27 Anti-SLAPP Motion to Dismiss is hereby GRANTED. IT IS FURTHER ORDERED that, due to Defendants’ Amended Chapter 27 Anti-SLAPP 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. d/b/a Sumners Foundation’s claims against Defendants James Amos, J11, Stephen A. Batman, Reagan Stewart, and Michael L. Whalen 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 ofthe Science of Self—Government, Inc. d/b/a Sumners Foundation’s must pay Defendants’ reasonable and necessary attorneys’ fees and costs incurred through the filing and prosecution of its Amended Chapter 27 Anti-SLAPP Motion to Dismiss (separate from the fees incurred through the Original Chapter 27 Anti-SLAP? Motion to Dismiss) the amount of$18,651.l2. IT IS FURTHER ORDERED that Defendants’ Amended Rule 91a Motion to Dismiss is hereby GRANTED. ORDER GRANTING DEFENDANTS’ . MOTIONS TO DISMISS AND A\VARDING FEES PAGE 2 IT IS FURTHER ORDERED that, due to Defendants’ Amended Rule 9la 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. d/b/a Sumners Foundation’s claims against Defendants James Amos, Jr., Stephen A. Batman, Reagan Stewart, and Michael I... Whalen 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 ofthe Science ofSelf—Government, Inc. d/b/a Sumners Foundation’s must pay Defendants’ reasonable and necessary attorneys’ fees and costs incurred through the filing and prosecution of its Amended Rule 91a Motion to Dismiss the amount of $45, 95.28. 1 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; in the event of an unsuccessful appeal 351100000. 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 herein1s DENIED. SIGNEDthisthe lg dig/Dim, 2022. UlhllMW/l/l/ \hllnfll/li JUDGEV MOORE HONORABLE ORDER GRANTING DEFENDANTS’ MOTIONS TO DISMISS AND AW’ARDINC FEES PAGE 3