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CAUSE N0. 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,
Plaintiffi
V. 162nd JUDICIAL DISTRICT
JAMES AMOS, JR., STEPHEN A.
BATMAN, WILLIAM D. GROSS,
DENNIS MCCUISTION, REAGAN
STEWART, AND MICHAEL L.
WHALEN,
Defendants. DALLAS COUNTY, TEXAS
AGREED FINAL JUDGMENT
On April 4, 2022, came on for consideration Defendants James Amos, Stephen Batman,
Reagan Stewart, and Michael L. Whalen’s Original Chapter 27 Anti-SLAPP Motion to Dismiss,
Amended Chapter 27 Anti-SLAPP Motion to Dismiss, and Amended Rule 91a Motion to Dismiss
in Cause No. DC-2 l-l 1479. The Court granted the Motions to Dismiss and entered the following
Order Granting Defendants Amos, Batman, Stewart, and Whalen’s Motions to Dismiss, signed on
April 6, 2022. With the severed, dismissed claims and award of attorneys’ fees now pending in the
above-referenced cause number, and based on the pleadings, evidence, arguments, applicable law,
and official records on file in this cause, the Court is of the opinion that this Agreed Final Judgment
should be entered in favor of Defendants James Amos, Stephen Batman, Reagan Stewart, and
Michael L. Whalen and enters final judgment as follows. It is, therefore,
AGREED FINAL JUDGMENT PAGE 1
ORDERED, ADJUDGED, AND DECREED that all claims that were asserted or could
have been asserted by Plaintiff against Defendants James Amos, Stephen Batman, Reagan Stewart,
and Michael L. Whalen in Cause No. DC-21-11479 are hereby dismissed with prejudice.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED 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 Defendants James
Amos, Stephen Batman, Reagan Stewart, and Michael L. Whalen’s 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, ADJUDGED, AND DECREED 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 Defendants James
Amos, Stephen Batman, Reagan Stewart, and Michael L. Whalen’s 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-SLAPP Motion to Dismiss) the amount of $18,651.12.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff Recovery
Funding Service LLC, as assignee of Hatton W. Sumners Foundation for the Study and Teaching
of the Science of Self-Govemment, Inc. d/b/a Sumners Foundation’s must pay Defendants James
Amos, Stephen Batman, Reagan Stewart, and Michael L. Whalen’s reasonable and necessary
attorneys’ fees and costs incurred through the filing and prosecution of its Amended Rule 91a
Motion to Dismiss the amount of $45,195.28.
AGREED FINAL JUDGMENT PAGE 2
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that additional
reasonable attorneys’ fees should be awarded to Defendants James Amos, Stephen Batman,
Reagan Stewart, and Michael L. Whalen 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 ORDERED, ADJUDGED, AND DECREED that in the briefing on
the merits in the Motions to Dismiss, Defendants submitted evidence on the reasonableness and
necessity of the attorneys’ fees and expenses incurred. Further, Plaintiff provided no response or
argument against the reasonableness and necessity of the attorneys’ fees and expenses requested.
After considering all evidence, other filings on the record, and arguments of counsel, the Court
awarded attorneys’ fees and expenses that it believed were reasonable and necessary.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that all costs of Court
should be taxed against the party bearing the expense for same. The Court further finds that all
amounts awarded to Defendants herein shall bear post-judgment interest at the rate of 5% per
annum, from April 6, 2022, until this Agreed Final Judgment is paid in full.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants shall
have such writs and processes as may be necessary in the enforcement and collection of this Agreed
Final Judgment when this Agreed Final Judgment becomes final upon the Court’s signature.
AGREED FINAL JUDGMENT PAGE 3
This Agreed Final Judgment is intended to be FINAL for all purposes of appeal. The
Agreed Final Judgment disposes of all parties to this action and all pending claims. All relief
requested by any party to this action not expressly granted herein is DENIED.
SIGNED this the day of . 2022.
9/16/2022 10:14:13 AM
MW)
JUDGE PRESIDING
M
AGREED FINAL JUDGMENT PAGE 4
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.
Nancy Blum on behalf of Jeffrey Burley
Bar No. 24109675
nblum@bellnunnally.com
Envelope ID: 68263941
Status as of 9/15/2022 8:07 AM CST
Associated Case Party: JAMES AMOS
Name BarNumber Email TimestampSubmitted Status
R. HeathCheek hcheek@bel|nunnally.com 9/14/2022 4:07:47 PM SENT
J. ReidBurley rburley@bellnunnally.com 9/14/2022 4:07:47 PM SENT
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.
Nancy Blum on behalf of Jeffrey Burley
Bar No. 24109675
nblum@bellnunnally.com
Envelope ID: 68263941
Status as of 9/15/2022 8:07 AM CST
Associated Case Party: RECOVERY FUNDING SERVICE, LLC,
Name BarNumber Email TimestampSubmitted Status
Jason HFriedman jhfriedman@fflawoffice.com 9/14/2022 4:07:47 PM SENT
Jeff O'Dell jodell@fflawoffice.com 9/14/2022 4:07:47 PM SENT
Stacy Morrison smorrison@fflawoffice.com 9/14/2022 4:07:47 PM SENT
Jossette Griffin jgriffin@fflawoffice.com 9/14/2022 4:07:47 PM SENT
Mariam Alghaziani malghaziani@fflawoffice.com 9/14/2022 4:07:47 PM ERROR
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.
Nancy Blum on behalf of Jeffrey Burley
Bar No. 24109675
nblum@bellnunnally.com
Envelope ID: 68263941
Status as of 9/15/2022 8:07 AM CST
Associated Case Party: STEPHENABATMAN
Name BarNumber Email TimestampSubmitted Status
H. N. Cunningham 5246900 hnciii@aol.com 9/14/2022 4:07:47 PM SENT
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.
Nancy Blum on behalf of Jeffrey Burley
Bar No. 24109675
nblum@bellnunnally.com
Envelope ID: 68263941
Status as of 9/15/2022 8:07 AM CST
Associated Case Party: WlLLlAMD.GROSS
Name BarNumber Email TimestampSubmitted Status
Stephen Kennedy skennedy@saklaw.net 9/14/2022 4:07:47 PM SENT
Joel Paniagua admin@saklaw.net 9/14/2022 4:07:47 PM SENT
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.
Nancy Blum on behalf of Jeffrey Burley
Bar No. 24109675
nblum@bellnunnally.com
Envelope ID: 68263941
Status as of 9/15/2022 8:07 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
JASON HFRIEDMAN Jason@fflawoffice.com 9/14/2022 4:07:47 PM SENT
Nancy Blum nblum@bellnunnally.com 9/14/2022 4:07:47 PM SENT
Kaitlyn M.Coker kcoker@fflawoffice.oom 9/14/2022 4:07:47 PM SENT
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CAUSE N0. 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, Plaintiffi V. 162nd JUDICIAL DISTRICT JAMES AMOS, JR., STEPHEN A. BATMAN, WILLIAM D. GROSS, DENNIS MCCUISTION, REAGAN STEWART, AND MICHAEL L. WHALEN, Defendants. DALLAS COUNTY, TEXAS AGREED FINAL JUDGMENT On April 4, 2022, came on for consideration Defendants James Amos, Stephen Batman, Reagan Stewart, and Michael L. Whalen’s Original Chapter 27 Anti-SLAPP Motion to Dismiss, Amended Chapter 27 Anti-SLAPP Motion to Dismiss, and Amended Rule 91a Motion to Dismiss in Cause No. DC-2 l-l 1479. The Court granted the Motions to Dismiss and entered the following Order Granting Defendants Amos, Batman, Stewart, and Whalen’s Motions to Dismiss, signed on April 6, 2022. With the severed, dismissed claims and award of attorneys’ fees now pending in the above-referenced cause number, and based on the pleadings, evidence, arguments, applicable law, and official records on file in this cause, the Court is of the opinion that this Agreed Final Judgment should be entered in favor of Defendants James Amos, Stephen Batman, Reagan Stewart, and Michael L. Whalen and enters final judgment as follows. It is, therefore, AGREED FINAL JUDGMENT PAGE 1 ORDERED, ADJUDGED, AND DECREED that all claims that were asserted or could have been asserted by Plaintiff against Defendants James Amos, Stephen Batman, Reagan Stewart, and Michael L. Whalen in Cause No. DC-21-11479 are hereby dismissed with prejudice. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED 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 Defendants James Amos, Stephen Batman, Reagan Stewart, and Michael L. Whalen’s 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, ADJUDGED, AND DECREED 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 Defendants James Amos, Stephen Batman, Reagan Stewart, and Michael L. Whalen’s 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-SLAPP Motion to Dismiss) the amount of $18,651.12. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiff Recovery Funding Service LLC, as assignee of Hatton W. Sumners Foundation for the Study and Teaching of the Science of Self-Govemment, Inc. d/b/a Sumners Foundation’s must pay Defendants James Amos, Stephen Batman, Reagan Stewart, and Michael L. Whalen’s reasonable and necessary attorneys’ fees and costs incurred through the filing and prosecution of its Amended Rule 91a Motion to Dismiss the amount of $45,195.28. AGREED FINAL JUDGMENT PAGE 2 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that additional reasonable attorneys’ fees should be awarded to Defendants James Amos, Stephen Batman, Reagan Stewart, and Michael L. Whalen 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 ORDERED, ADJUDGED, AND DECREED that in the briefing on the merits in the Motions to Dismiss, Defendants submitted evidence on the reasonableness and necessity of the attorneys’ fees and expenses incurred. Further, Plaintiff provided no response or argument against the reasonableness and necessity of the attorneys’ fees and expenses requested. After considering all evidence, other filings on the record, and arguments of counsel, the Court awarded attorneys’ fees and expenses that it believed were reasonable and necessary. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that all costs of Court should be taxed against the party bearing the expense for same. The Court further finds that all amounts awarded to Defendants herein shall bear post-judgment interest at the rate of 5% per annum, from April 6, 2022, until this Agreed Final Judgment is paid in full. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants shall have such writs and processes as may be necessary in the enforcement and collection of this Agreed Final Judgment when this Agreed Final Judgment becomes final upon the Court’s signature. AGREED FINAL JUDGMENT PAGE 3 This Agreed Final Judgment is intended to be FINAL for all purposes of appeal. The Agreed Final Judgment disposes of all parties to this action and all pending claims. All relief requested by any party to this action not expressly granted herein is DENIED. SIGNED this the day of . 2022. 9/16/2022 10:14:13 AM MW) JUDGE PRESIDING M AGREED FINAL JUDGMENT PAGE 4 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. Nancy Blum on behalf of Jeffrey Burley Bar No. 24109675 nblum@bellnunnally.com Envelope ID: 68263941 Status as of 9/15/2022 8:07 AM CST Associated Case Party: JAMES AMOS Name BarNumber Email TimestampSubmitted Status R. HeathCheek hcheek@bel|nunnally.com 9/14/2022 4:07:47 PM SENT J. ReidBurley rburley@bellnunnally.com 9/14/2022 4:07:47 PM SENT 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. Nancy Blum on behalf of Jeffrey Burley Bar No. 24109675 nblum@bellnunnally.com Envelope ID: 68263941 Status as of 9/15/2022 8:07 AM CST Associated Case Party: RECOVERY FUNDING SERVICE, LLC, Name BarNumber Email TimestampSubmitted Status Jason HFriedman jhfriedman@fflawoffice.com 9/14/2022 4:07:47 PM SENT Jeff O'Dell jodell@fflawoffice.com 9/14/2022 4:07:47 PM SENT Stacy Morrison smorrison@fflawoffice.com 9/14/2022 4:07:47 PM SENT Jossette Griffin jgriffin@fflawoffice.com 9/14/2022 4:07:47 PM SENT Mariam Alghaziani malghaziani@fflawoffice.com 9/14/2022 4:07:47 PM ERROR 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. Nancy Blum on behalf of Jeffrey Burley Bar No. 24109675 nblum@bellnunnally.com Envelope ID: 68263941 Status as of 9/15/2022 8:07 AM CST Associated Case Party: STEPHENABATMAN Name BarNumber Email TimestampSubmitted Status H. N. Cunningham 5246900 hnciii@aol.com 9/14/2022 4:07:47 PM SENT 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. Nancy Blum on behalf of Jeffrey Burley Bar No. 24109675 nblum@bellnunnally.com Envelope ID: 68263941 Status as of 9/15/2022 8:07 AM CST Associated Case Party: WlLLlAMD.GROSS Name BarNumber Email TimestampSubmitted Status Stephen Kennedy skennedy@saklaw.net 9/14/2022 4:07:47 PM SENT Joel Paniagua admin@saklaw.net 9/14/2022 4:07:47 PM SENT 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. Nancy Blum on behalf of Jeffrey Burley Bar No. 24109675 nblum@bellnunnally.com Envelope ID: 68263941 Status as of 9/15/2022 8:07 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status JASON HFRIEDMAN Jason@fflawoffice.com 9/14/2022 4:07:47 PM SENT Nancy Blum nblum@bellnunnally.com 9/14/2022 4:07:47 PM SENT Kaitlyn M.Coker kcoker@fflawoffice.oom 9/14/2022 4:07:47 PM SENT