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Electronically Filed
10/28/2021 4:13 PM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-4389-21-C
CAUSE N0.
RGV PUNISHERS ROOKIE DIVISION, IN THE DISTRICT COURT
RGV PUNISHERS JUNIOR DIVISION,
MONTY AWBREY, INDIVIDUALLY
AND AS NEXT FRIEND OF CALEB
AWBREY, JONATHAN HERRERA,
[NDIVlDUALLY AND AS
COACH/PRESIDENT OF RGV
PUNISHERS
VS.
wwwmmmwwmmmwwmawwmmwmw
JUDICIAL DISTRICT
TEXAS YOUTH FOOTBALL AND
CHEER ASSOCIATION, BRIAN
MORGAN, INDIVIDUALLY AND AS
BOARD MEMBER OF TEXAS YOUTH
FOOTBALL AND CHEER
ASSOCIATION, BRIAN MORGAN AS
PRESIDENT/CEO OF TEXAS YOUTH
FOOTBALL AND CHEER
ASSOCIATION, BRIAN MORGAN AS HIDALGO COUNTY, TEXAS
COACH AND PRESIDENT OF TRI-
COUNTY TITANS
PLAINTIFFS’ ORGINAL PETITION AND APPLICATION FOR
TEMPORARY RESTRAINING ORDER TEMPORARY INJUNCTION
T0 THE HONORABLE JUDGE 0F SAID COURT:
NOW COMES RGV PUNISHERS ROOKIE DIVISION, RGV PUNISHERS JUNIOR
DIVISION, MONTY AWBREY INDIVIDUALLY AND AS NEXT FRIEND OF CALEB
AWBREY, JONATHAN HERRERA, INDIVIDUALLY AND AS COACHEPRESIDENT 0F
RGV PUNISHERS, Plaintiffs herein file this Plaintiffs’ Original Petition and Application for
Temporary Restraining Order and Temporary injunctive relief against TEXAS YOUTH
FOOTBALL AND CHEER ASSOCIATION, BRIAN MORGAN, INDIVIDUALLY AND AS
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Hidalgo County District Clerks
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C-4389-21-C
BOARD MEMBER OF TEXAS YOUTH FOOTBALL AND CHEER ASSOCIATION, BRIAN
MORGAN AS PRESIDENTICEO OF TEXAS YOUTH FOOTBALL AND CHEER
ASSOCIATION, BRIAN MORGAN AS COACH AND PRESIDENT OF TRI-COUNTY
TITANS, Defendant herein, and in support thereof, show the court the following:
DISCOVERY LEVEL
Plaintiff intend that discovery in this cause be conducted under Discovery Level 2
pursuant to the Texas Rules of Civil Procedure.
PARTIES AND SERVICE
Plaintiffs (l) MONTY AWBREY INDIVIDUALLY AND AS NEXT FRIEND OF
CALEB AWBREY, (2) JONATHAN HERRERA, INDIVIDUALLY AND AS
COACHIPRESIDENT OF RGV PUNISHERS are individuals residing in Hidalgo County, Texas.
Plaintiffs (3) RGV PUNISHERS ROOKIE DIVISION, (4) RGV PUNISHERS JUNIOR
DIVISION are members 0f the Texas Youth Football and Cheer Association.
Upon information and belief, Defendant ( l) TEXAS YOUTH FOOTBALL AND CHEER
ASSOCIATION, may be served by serving their registered agent, Chris A. Coleman at 11538
Straight Tribute, San Antonio, Texas 78254. Upon information and belief, (2) Defendants BRIAN
MORGAN, INDIVIDUALLY AND AS BOARD MEMBER 0F TEXAS YOUTH FOOTBALL
AND CHEER ASSOCIATION, (3) BRIAN MORGAN AS PRESIDENTFCEO 0F TEXAS
YOUTH FOOTBALL AND CHEER ASSOCIATION, (4) BRIAN MORGAN AS COACH AND
PRESIDENT OF TRI-COUNTY TITANS may be served at 10444 Sentinel Street, San Antonio,
Texas 78217.
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Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-4389-21-C
l.
JURISDICTION AND VENUE
The subject matter in controversy is within the jurisdictional limits of this court.
Plaintiffs seek:
Monetary relief over $100,000 but not more than $1,500,000 and injunctive relief along
with attomey’s fees and exemplary damages.
This court has jurisdiction over TEXAS YOUTH FOOTBALL AND CHEER
ASSOCIATION, BRIAN MORGAN, INDIVIDUALLY AND AS BOARD MEMBER OF
TEXAS YOUTH FOOTBALL AND CHEER ASSOCIATION, BRIAN MORGAN AS
PRESIDENTFCEO OF TEXAS YOUTH FOOTBALL AND CHEER ASSOCIATION, BRIAN
MORGAN AS COACH AND OWNER OF TRI-COUNTY TITANS because Defendant is
licensed under the laws of the State of Texas. TEXAS YOUTH FOOTBALL AND CHEER
ASSOCIATION can be served by serving their registered agent, Chris A. Coleman at l1538
Straight Tribute, San Antonio, Texas 78254. BRIAN MORGAN, INDIVIDUALLY AND AS
BOARD MEMBER OF TEXAS YOUTH FOOTBALL AND CHEER ASSOCIATION, BRIAN
MORGAN AS PRESIDENT-"CEO OF TEXAS YOUTH FOOTBALL AND CHEER
ASSOCIATION, BRIAN MORGAN AS COACH AND OWNER OF TRI-COUNTY TITANS
may be served at [0444 Sentinel Street, San Antonio, Texas 78217.
Venue in Hidalgo County is proper in this cause because actions made the basis of the
claims set forth herein occurred in Hidalgo County.
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Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-4389-21-C
II,
FACTS
Prior to the start of the Spring 2021 Texas Youth Football and Cheer Association
(hereinafter “TYFA”) Jonathan Herrera negotiated and contracted with TYFA to form the Rio
Grande Valley Punishers (hereinafter “RGV Punishers”). The RGV Punishers consist five separate
division; Flags division, Tykes Division, Rookie Division, Junior Division, and Senior Division.
The case before the Coun involves only the Rookie and Junior Divisions. Mr. Herrera assembled
coaching staffs for all five RGV Punishers divisions and five teams were built from the Rio Grande
Valley and surrounding areas. The number of players per team varies from between twenty-five
and thirty-five players. Each player must pay a $450.00 fee to play in TYFA. From that, the
coaches pay for uniforms and equipment such as helmets, shoulder pads, knee, thigh, and hip pads.
Various other items are not covered by the $450.00 entry fee such as tackling dummies, footballs,
drill cones, amongst other items. Coaches are unpaid and volunteer their time after they get out of
work and 0n weekends.
In their inaugural spring season the RGV Punishers performed outstandingly. The Rookies
finished second in the entire state, falling to the Tri-County Titans in the State Finals. The Juniors
defeated the Tri-County Titans in the State Finals and won the State Championship. It should be
noted that Defendant Brian Morgan was and remains the coach of the Tri-County Titans as well
as TYFA President and voting board member. (See Attached photograph with the caption
“Coaches” marked as Exhibit “A”) On Page eighteen Section 1 of The Athletic Director’s
handbook (See attached Director’s Handbook marked as Exhibit “8”) it is clearly Spelled out who
can and who cannot coach players. It is clear that a president, vice president, commissioner, general
manager, and athletic directors cannot coach players. However, when referencing Exhibit “A,” it
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Hidalgo County District Clerks
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C-4389-21-C
is clear that Mr. Morgan is coaching players considering the fact that the photo is captioned
“Coaches” and Mr. Morgan can be seen in the huddle with a group of players in violation of the
rules 0f an organization that he founded.
The Fall 2021 season saw similar results as the Spring Season. The RGV Punishers Rookies
and Juniors were both undefeated through the first half of the season. Mr. Morgan’s Tri-County
Titans were also performing at a high level. In light of the RGV Punisher’s successes, Mr. Morgan
and other TYFA coaches and board members began a smear campaign alleging violations 0f the
“Dual Participation Rule.” In particular, the board alleges that a young man on the RGV Punishers
Rookie team by the name of U.A. was also a member ofa team out ofa small mom-and-pop league
called Smash Mouth out of the Corpus Christy area.
The Dual Participation Rule provides in pertinent part that “a player cannot be certified
with TYFA and with a comgeting same sport league and actively participating in both
simultaneously.” (See page 8 of Exhibit “B”) The key words in this clause are “actively
participating.” Upon information and belief, U.A.U quit his former team and never “actively
participated” in two competing sports leagues. (See attached Supporting Affidavits of Randy
Arriola, Monty J. Awbrey, Jonathan Herrera and Jesus Espinoza marked as Exhibit “C”)
Defendant, Mr. Morgan and other board members alleged several other players registered with
RGV Punishers but played with other teams. Again, no RGV Punishers players ever actively
participated with the RGV Punishers and any other organization or team.
On October 25, 2021 the TYFA board convened and “heard” an appeal by RGV Punishers.
However, the “hearing” was a sham hearing as the board refused to hear any evidence and ruled
that the Rookies and Juniors had to forfeit all past games and all future games for the Fall 2021
season including the October 30, 202] game and head coach ofthe Rookies, Joshua Anthony Ayala
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C-4389-21-C
was banned from coaching. One of the board members who voted to remove the RGV Punishers
was Defendant Brian Morgan, the Coach 0fthe rival Tri-County Titans. The same Defendant Brian
Morgan who is the TYFA president. Defendant Morgan had an undeniable conflict of interest and
should have abstained from voting, but he did not. One day after the board meeting, Jesse Espinoza,
vice president and RGV Punishers assistant coach posted a message on the TYFA Facebook page
regarding the successes 0f the RGV Punishers and the children he coaches. Upon information and
belief, a person by the name of Joaquin Garcia then re-published the post with a statement written
across the post which said, “Another Accomplishment: CHEATING! !” and a caption which
provides, “Brag on this accomplishments.” (See TYFA Facebook screenshot marked as Exhibit
“Dn)
On October 27, 202 l , two days after the board hearing, RGV Punishers kids began to reach
out t0 coaches saying that they were being taunted online and at school by players from other
teams calling them cheaters and losers. Players are undoubtedly on the TYFA Facebook page and
sec comments made by people like Joaquin Garcia.
On page 45, section 5 of the Judicial Policies section of the Organization Handbook
provides as follows, to-wit:
“Tampering, attempted 0r actual, is a gross violation of the spirit and
philosophy of TYFA and is expressly forbidden. Athletic directors are responsible
for committed by any P01 associated with their organization, or acting
any violation
at the direction of, or what they believe is in the best interest 0f their organization.
An organization will be charged with a Level III violation along with any culpable
certified volunteers.”
Section 5 goes 0n to provide that “the telling 0f falsehoods (exaggerating the facts 0r
member organization .” It
making uneducated comments) about a is considered tampering. . stands
t0 reason that each board member.-"coach/volunteer associated with a team who voted to ouster the
RGV Punishers without a shred of viable evidence tampered with the RGV Punishers in violation
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C-4389-21-C
0f Section 5 of the Judicial policies subsection 0f the Organizational Handbook and their teams
disqualified for the remainder of the season.
In light of the fact that Plaintiffs paid out of pocket expenses, parents of RGV Punishers
players paid four hundred and fifty dollars each, the blatant conflict of interest on the part of Brian
Morgan, the mental anguish incurred by the children, and nameless other reasons, the RGV
Punishers’ record should be returned to what it was prior to the board’s decision t0 forfeit all past
games, the RGV Punishers should be allowed to make-up the game that they were not allowed to
play on Saturday October 23, 2021, and they should be allowed t0 finish the remainder of their
schedule as well as any playoff games. Furthermore, any TYFA board members, employees,
coaches and volunteers of TYFA teams should be enjoined from any disparaging remarks about
RGV Punishers coaches, volunteers, and players.
III.
CAUSES 0F ACTION
A. BREACH OF CONTRACT
All previous allegations are incorporated herein by reference.
Plaintiffs and Defendant entered into a contract whereby Plaintiffs agreed pay for the right t0
join TYFA and TYFA agreed t0 provide services for youth football and cheerleader programs.
Plaintiffs fulfilled their part 0f the agreement. Defendants breached the contract when they
disqualified the RGV Punishers without cause.
Plaintiffs sue Defendants for out-of—pocket expenses.
Plaintiffs sue Defendants for attorneys fees.
Plaintiffs sue Defendants for exemplary damages.
B. LIBEL SLANDER
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Hidalgo County District Clerks
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C-4389-21-C
All previous allegations are incorporated herein by reference.
Mr. Awbrey, Mr. Herrera, and Mr. Espinoza are private individual and are neither a
public official nor a public figure for any purpose.
Defendants are all non-media defendants.
The foregoing statements made and published were statements of fact that were false,
both in their particular details and in the main point, essence, or gist in the context in which they
were made.
The foregoing statements made and published by Defendants directly and/or indirectly
referred to Mr. Awbrey, Mr. Herrera, and Mr. Espinoza.
The foregoing statements made and published by Defendants were libelous per se
because they injured Mr. Awbrey, Mr. Herrera, and Mr. Espinoza reputation and have exposed
Mr. Awbrey, Mr. Herrera, and Mr. Espinoza to public hatred, contempt, or ridicule, and/or
financial injury.
The foregoing statements made and published by Defendants were libelous per se
because they impeach Mr. Awbrey, Mr. Herrera, and Mr. Espinoza’s honesty, integrity, virtue,
and/or reputation.
The foregoing statements made and published by Defendants were libelous per se
because they injured Mr. Awbrey, Mr. Herrera, and Mr. Espinoza in his office, profession,
and/or occupation.
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Hidalgo County District Clerks
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C-4389-21-C
The foregoing statements made and published by Defendants were libelous per se to the
extent that they falsely charged Mr. Awbrey, Mr. Herrera, and Mr. Espinoza with the
commission of a crime or failure to report a crime.
In the alternative, the foregoing statements made and published by Defendants were
libelous and/or slanderous through innuendo and/or implication.
Defendants are strictly liable for the damages caused by the libel and/or slander
Alternatively, Defendants knew the foregoing defamatory statements were false or were
reckless with regard to whether the statements of fact were false.
Alternatively, Defendants knew or should have known the defamatory statements were
false.
Mr. Awbrey, Mr. Herrera, and Mr. Espinoza is entitled to recover nominal damages,
general damages, special damages.
D. TORTIOUS INTERFERENCE WITH EXISTING CONTRACT
All previous allegations are incorporated herein by reference.
Mr. Awbrey, Mr. Herrera, and Mr. Espinoza had a valid contract and Defendants knew of
the contract and/or had knowledge of the facts and circumstances that would lead Defendants to
believe Mr. Awbrey, Mr. Herrera, and Mr. Espinoza had a valid contract.
Defendants’ tonious conduct willfully and intentionally interfered with the contract.
Defendants’ tortious conduct proximately caused Mr. Awbrey, Mr. Herrera, and Mr.
Espinoza’s injury.
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Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-4389-21-C
Mr. Awbrey, Mr. Herrera, and Mr. Espinoza suffered actual damages and/or loss due to
Defendants’ tortious interference.
E. CONSPIRACY
All previous allegations are incorporated herein by reference.
Defendants acted together to accomplish the libel, slander, and/or tortious interference
with an existing contract. Defendants had a meeting of the minds on the object or course of
action and committe4d one or more of the unlawful, over acts detailed above.
Defendants are jointly and severally liable for the injuries Mr. Awbrey, Mr. Herrera, and
Mr. Espinoza suffered as a proximate result 0f Defendants’ wrongful actions.
F. RATIFICATION
All previous allegations are incorporated herein by reference.
Each Defendant ratified the libel, slander, and/or tortious interference with an existing
contract committed by all other Defendants through approving such conduct after acquiring full
knowledge of the same with the intent of giving validity to the tortious conduct.
G. RETRACTION
All previous allegations are incorporated herein by reference.
Pursuant to Texas Civil Practice and Remedies Code, Mr. Awbrey, Mr. Herrera, and Mr.
Espinoza requests that Defendants correct, clarify, or retract the statements detailed above. The
statements were defamatory by: (l) injuring Mr. Awbrey, Mr. Herrera, and Mr. Espinoza’s
reputation and have exposed Mr. Awbrey, Mr. Herrera, and Mr. Espinoza to public contempt,
ridicule, and/or financial injury; (2) by impeaching Mr. Awbrey, Mr. Herrera, and Mr.
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Hidalgo County District Clerks
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C-4389-21-C
ESpinoza’s honesty, integrity, virtue, and/or reputation; (3) by injuring Mr. Awbrey, Mr. Herrera,
and Mr. Espinoza in his office, profession, and/or occupation; (4) by falsely claiming Mr.
Awbrey, Mr. Herrera, and Mr. Espinoza were cheating to gain an advantage over other TYFA
teams.
H. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
All previous allegations are incorporated herein by reference.
To prevail in a claim for Intentional Infliction of Emotional Distress, a Plaintiff must
prove that the Defendant acted intentionally in an extreme manner and that the Defendant’s
actions cause the Plaintiffs sever emotional distress. In the present case, the Defendants’ actions
were extreme and have caused Plaintiffs extreme emotional distress.
IV.
ELEMENTS FOR INJUNCTIVE RELIEF
In light 0f the above described facts, Plaintiffs seek recovery from Defendants. The nature
of the lawsuit is Breach of Contract, Breach of Fiduciary Duty, Breach 0f the Covenants 0f Good
Faith and Fair Dealing, and Intentional Infliction of Emotional Distress, Negligent Infliction of
Emotional Distress, Fraud, Libel, Slander, Thefi, and Collusion.
Plaintiffis likely to succeed on the merits 0fthis lawsuit because Defendants have breached
a contract which was signed by the parties to be bound and have refused any form of assistance
which violates the covenants of good faith and fair dealing. Furthermore, Defendants wrongfully
denied the RGV Punishers a meaningfill appeal when Defendants refused t0 hear evidence that
would have resulted ir1 Plaintiffs’ appeal being granted.
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Hidalgo County District Clerks
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C-4389-21-C
Unless this Honorable Court immediately restrains the Defendant, the Plaintiffs will suffer
immediate and irreparable injury, for which there is no adequate remedy at law t0 give Defendant
complete, final and equal relief. More specifically, Plaintiff will show the court the following:
A. The harm to Plaintiffs is imminent because the TYFA football season is
extremely short. Furthermore, the RGV Punishers have a game on Saturday October 30,
202 l. Failure to act immediately will jeopardize the remaining season and will result in yet
another forfeited game.
B. This imminent harm will cause Plaintiffs irreparable injury in that the RGV
Punishers will lose the game by way 0f forfeiture.
C. There is n0 adequate remedy at law which will give Plaintiffs complete, final
and equitable relief because no dollar amount can bring back a football season for two
groups of children aged eight to twelve.
V.
BOND
Plaintiffs are willing to post a reasonable temporary restraining order bond and request the
court to set such bond at $250.00.
VI.
REMEDY
Plaintiffs have met their burden by establishing each element which must be present before
injunctive relief can be granted by this court, therefore Plaintiffs are entitled to the requested
temporary restraining order.
Plaintiffs requests that the court t0 restrain Defendants from denying the RGV Punishers
playing football games until such other order is signed by the Court. Plaintiffs further request that
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C-4389-21-C
the Court enjoin any TYFA board members, employees, coaches and volunteers of TYFA teams
from any disparaging remarks about RGV Punishers coaches, volunteers, and players. Plaintiffs
fimher request that all coaches be reinstated.
It is essential that the court immediately and temporarily restrain all Defendants herein
from denying the RGV Punishers playing football games until such time that another order is
signed by the Court. Plaintiffs further request that the Court enjoin any TYFA board members,
employees, coaches and volunteers of TYFA teams from any disparaging remarks about RGV
Punishers coaches, volunteers, and players. Plaintiffs further request that all coaches be
immediately reinstated.
It is essential that the court act immediately, prior to giving notice to Defendant and a
hearing on the matter because providing notice will deny the RGV Punishers from playing on
October 30, 202 l .
In order to preserve the status quo during the pendency of this action, the RGV Punishers
should be allowed to play their scheduled football games until such other order is signed by the
Court. Plaintiffs further request that the Court enjoin any TYFA board members, employees,
coaches and volunteers of TYFA teams from any disparaging remarks about RGV Punishers
coaches, volunteers, and players.
Plaintiffs were required to retain the services of the Honorable Terry Canales, Attorney at
Law, PLLC. Plaintiffs request attorneys fees in a reasonable amount.
Due to the nature and callousness exercised by TYFA, Plaintiffs request exemplary
damages.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff herein, respectfully prays that:
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Hidalgo County District Clerks
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C-4389-21-C
Defendants will be cited t0 appear and answer herein;
asks that the Court issue citation for each Defendant to appear and answer, and that Plaintiff be
awarded a judgment against Defendants for the following:
A) Nominal damages;
B) General damages;
C) Actualdamages;
D) Special damages;
E) Exemplary damages;
F) Pre- and post-judgment interest;
G) Costs of court;
H) Attorney’s fees; and
I) Such further relief, both general and special, at law or in equity, to which Plaintiff may
show himself to be justly entitled
J) A temporary restraining order will issue without notice to Defendant, restraining
Defendants, Defendants’ officers, agents, servants, employees, agents, servants,
successors and assigns, and attorneys from directly or indirectly denying the RGV
Punishers playing football games until such other order is signed by the Court.
Plaintiffs fimher request that the Court enjoin any TYFA board members, employees,
coaches and volunteers of TYFA teams from any disparaging remarks about RGV
Punishers coaches, volunteers, and players. The Court sets a reasonable bond for the
temporary restraining order at $250.00;
After notice and hearing, a temporary injunction will issue enjoining and restraining
Alt Defendants, Defendants’ officers, agents, servants, employees, successors and assigns,
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and attorneys from directly or indirectly denying the RGV Punishers playing football
games until such other order is signed by the Court. Plaintiffs fithher request that the Court
enjoin any TYFA board members, employees, coaches and volunteers of TYFA teams
from any disparaging remarks about RGV Punishers coaches, volunteers, and players.
Plaintiffs pray for attorneys fees as well as exemplary damages in amount not in excess 0f
the Court’s jurisdiction. Plaintiffs pray for such other and fimher relief, both at law or in
equity, to which Plaintiff may be justly entitled.
Respectfully submitted,
TERRY CANALES,
ATTORNEY AT LAW, PLLC
3 [0 S. Closner Blvd.
Edinburg, Texas 78539
(956) 3 l6-2223 Telephone
(956) 3 16-2229 Telecopier
Email: agalvan@rgvattomey.com
By: Is? Terry Canales
TERRY CANALES
State Bar No. 24052947
Attorney for Plaintiffs
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.
E-file Terry Canales, Attorney at Law PLLC on behalf of Terry Canales
Bar No. 24052947
efile.tclaw@gmail.com
Envelope ID: 58641857
Status as of 10/28/2021 4:33 PM CST
Associated Case Party: RGV PUNISHERS ROOKIE DIVISION
Name BarNumber Email TimestampSubmitted Status
Terry Canales agalvan@rgvattorney.com 10/28/2021 4:13:04 PM SENT
Associated Case Party: RGV PUNISHERS JUNIOR DIVISION
Name BarNumber Email TimestampSubmitted Status
Terry Canales agalvan@rgvattorney.com 10/28/2021 4:13:04 PM SENT
Preview
Electronically Filed 10/28/2021 4:13 PM Hidalgo County District Clerks Reviewed By: Armando Cantu C-4389-21-C CAUSE N0. RGV PUNISHERS ROOKIE DIVISION, IN THE DISTRICT COURT RGV PUNISHERS JUNIOR DIVISION, MONTY AWBREY, INDIVIDUALLY AND AS NEXT FRIEND OF CALEB AWBREY, JONATHAN HERRERA, [NDIVlDUALLY AND AS COACH/PRESIDENT OF RGV PUNISHERS VS. wwwmmmwwmmmwwmawwmmwmw JUDICIAL DISTRICT TEXAS YOUTH FOOTBALL AND CHEER ASSOCIATION, BRIAN MORGAN, INDIVIDUALLY AND AS BOARD MEMBER OF TEXAS YOUTH FOOTBALL AND CHEER ASSOCIATION, BRIAN MORGAN AS PRESIDENT/CEO OF TEXAS YOUTH FOOTBALL AND CHEER ASSOCIATION, BRIAN MORGAN AS HIDALGO COUNTY, TEXAS COACH AND PRESIDENT OF TRI- COUNTY TITANS PLAINTIFFS’ ORGINAL PETITION AND APPLICATION FOR TEMPORARY RESTRAINING ORDER TEMPORARY INJUNCTION T0 THE HONORABLE JUDGE 0F SAID COURT: NOW COMES RGV PUNISHERS ROOKIE DIVISION, RGV PUNISHERS JUNIOR DIVISION, MONTY AWBREY INDIVIDUALLY AND AS NEXT FRIEND OF CALEB AWBREY, JONATHAN HERRERA, INDIVIDUALLY AND AS COACHEPRESIDENT 0F RGV PUNISHERS, Plaintiffs herein file this Plaintiffs’ Original Petition and Application for Temporary Restraining Order and Temporary injunctive relief against TEXAS YOUTH FOOTBALL AND CHEER ASSOCIATION, BRIAN MORGAN, INDIVIDUALLY AND AS Electronically Filed 10/28/2021 4:13 PM Hidalgo County District Clerks Reviewed By: Armando Cantu C-4389-21-C BOARD MEMBER OF TEXAS YOUTH FOOTBALL AND CHEER ASSOCIATION, BRIAN MORGAN AS PRESIDENTICEO OF TEXAS YOUTH FOOTBALL AND CHEER ASSOCIATION, BRIAN MORGAN AS COACH AND PRESIDENT OF TRI-COUNTY TITANS, Defendant herein, and in support thereof, show the court the following: DISCOVERY LEVEL Plaintiff intend that discovery in this cause be conducted under Discovery Level 2 pursuant to the Texas Rules of Civil Procedure. PARTIES AND SERVICE Plaintiffs (l) MONTY AWBREY INDIVIDUALLY AND AS NEXT FRIEND OF CALEB AWBREY, (2) JONATHAN HERRERA, INDIVIDUALLY AND AS COACHIPRESIDENT OF RGV PUNISHERS are individuals residing in Hidalgo County, Texas. Plaintiffs (3) RGV PUNISHERS ROOKIE DIVISION, (4) RGV PUNISHERS JUNIOR DIVISION are members 0f the Texas Youth Football and Cheer Association. Upon information and belief, Defendant ( l) TEXAS YOUTH FOOTBALL AND CHEER ASSOCIATION, may be served by serving their registered agent, Chris A. Coleman at 11538 Straight Tribute, San Antonio, Texas 78254. Upon information and belief, (2) Defendants BRIAN MORGAN, INDIVIDUALLY AND AS BOARD MEMBER 0F TEXAS YOUTH FOOTBALL AND CHEER ASSOCIATION, (3) BRIAN MORGAN AS PRESIDENTFCEO 0F TEXAS YOUTH FOOTBALL AND CHEER ASSOCIATION, (4) BRIAN MORGAN AS COACH AND PRESIDENT OF TRI-COUNTY TITANS may be served at 10444 Sentinel Street, San Antonio, Texas 78217. Electronically Filed 10/28/2021 4:13 PM Hidalgo County District Clerks Reviewed By: Armando Cantu C-4389-21-C l. JURISDICTION AND VENUE The subject matter in controversy is within the jurisdictional limits of this court. Plaintiffs seek: Monetary relief over $100,000 but not more than $1,500,000 and injunctive relief along with attomey’s fees and exemplary damages. This court has jurisdiction over TEXAS YOUTH FOOTBALL AND CHEER ASSOCIATION, BRIAN MORGAN, INDIVIDUALLY AND AS BOARD MEMBER OF TEXAS YOUTH FOOTBALL AND CHEER ASSOCIATION, BRIAN MORGAN AS PRESIDENTFCEO OF TEXAS YOUTH FOOTBALL AND CHEER ASSOCIATION, BRIAN MORGAN AS COACH AND OWNER OF TRI-COUNTY TITANS because Defendant is licensed under the laws of the State of Texas. TEXAS YOUTH FOOTBALL AND CHEER ASSOCIATION can be served by serving their registered agent, Chris A. Coleman at l1538 Straight Tribute, San Antonio, Texas 78254. BRIAN MORGAN, INDIVIDUALLY AND AS BOARD MEMBER OF TEXAS YOUTH FOOTBALL AND CHEER ASSOCIATION, BRIAN MORGAN AS PRESIDENT-"CEO OF TEXAS YOUTH FOOTBALL AND CHEER ASSOCIATION, BRIAN MORGAN AS COACH AND OWNER OF TRI-COUNTY TITANS may be served at [0444 Sentinel Street, San Antonio, Texas 78217. Venue in Hidalgo County is proper in this cause because actions made the basis of the claims set forth herein occurred in Hidalgo County. Electronically Filed 10/28/2021 4:13 PM Hidalgo County District Clerks Reviewed By: Armando Cantu C-4389-21-C II, FACTS Prior to the start of the Spring 2021 Texas Youth Football and Cheer Association (hereinafter “TYFA”) Jonathan Herrera negotiated and contracted with TYFA to form the Rio Grande Valley Punishers (hereinafter “RGV Punishers”). The RGV Punishers consist five separate division; Flags division, Tykes Division, Rookie Division, Junior Division, and Senior Division. The case before the Coun involves only the Rookie and Junior Divisions. Mr. Herrera assembled coaching staffs for all five RGV Punishers divisions and five teams were built from the Rio Grande Valley and surrounding areas. The number of players per team varies from between twenty-five and thirty-five players. Each player must pay a $450.00 fee to play in TYFA. From that, the coaches pay for uniforms and equipment such as helmets, shoulder pads, knee, thigh, and hip pads. Various other items are not covered by the $450.00 entry fee such as tackling dummies, footballs, drill cones, amongst other items. Coaches are unpaid and volunteer their time after they get out of work and 0n weekends. In their inaugural spring season the RGV Punishers performed outstandingly. The Rookies finished second in the entire state, falling to the Tri-County Titans in the State Finals. The Juniors defeated the Tri-County Titans in the State Finals and won the State Championship. It should be noted that Defendant Brian Morgan was and remains the coach of the Tri-County Titans as well as TYFA President and voting board member. (See Attached photograph with the caption “Coaches” marked as Exhibit “A”) On Page eighteen Section 1 of The Athletic Director’s handbook (See attached Director’s Handbook marked as Exhibit “8”) it is clearly Spelled out who can and who cannot coach players. It is clear that a president, vice president, commissioner, general manager, and athletic directors cannot coach players. However, when referencing Exhibit “A,” it Electronically Filed 10/28/2021 4:13 PM Hidalgo County District Clerks Reviewed By: Armando Cantu C-4389-21-C is clear that Mr. Morgan is coaching players considering the fact that the photo is captioned “Coaches” and Mr. Morgan can be seen in the huddle with a group of players in violation of the rules 0f an organization that he founded. The Fall 2021 season saw similar results as the Spring Season. The RGV Punishers Rookies and Juniors were both undefeated through the first half of the season. Mr. Morgan’s Tri-County Titans were also performing at a high level. In light of the RGV Punisher’s successes, Mr. Morgan and other TYFA coaches and board members began a smear campaign alleging violations 0f the “Dual Participation Rule.” In particular, the board alleges that a young man on the RGV Punishers Rookie team by the name of U.A. was also a member ofa team out ofa small mom-and-pop league called Smash Mouth out of the Corpus Christy area. The Dual Participation Rule provides in pertinent part that “a player cannot be certified with TYFA and with a comgeting same sport league and actively participating in both simultaneously.” (See page 8 of Exhibit “B”) The key words in this clause are “actively participating.” Upon information and belief, U.A.U quit his former team and never “actively participated” in two competing sports leagues. (See attached Supporting Affidavits of Randy Arriola, Monty J. Awbrey, Jonathan Herrera and Jesus Espinoza marked as Exhibit “C”) Defendant, Mr. Morgan and other board members alleged several other players registered with RGV Punishers but played with other teams. Again, no RGV Punishers players ever actively participated with the RGV Punishers and any other organization or team. On October 25, 2021 the TYFA board convened and “heard” an appeal by RGV Punishers. However, the “hearing” was a sham hearing as the board refused to hear any evidence and ruled that the Rookies and Juniors had to forfeit all past games and all future games for the Fall 2021 season including the October 30, 202] game and head coach ofthe Rookies, Joshua Anthony Ayala Electronically Filed 10/28/2021 4:13 PM Hidalgo County District Clerks Reviewed By: Armando Cantu C-4389-21-C was banned from coaching. One of the board members who voted to remove the RGV Punishers was Defendant Brian Morgan, the Coach 0fthe rival Tri-County Titans. The same Defendant Brian Morgan who is the TYFA president. Defendant Morgan had an undeniable conflict of interest and should have abstained from voting, but he did not. One day after the board meeting, Jesse Espinoza, vice president and RGV Punishers assistant coach posted a message on the TYFA Facebook page regarding the successes 0f the RGV Punishers and the children he coaches. Upon information and belief, a person by the name of Joaquin Garcia then re-published the post with a statement written across the post which said, “Another Accomplishment: CHEATING! !” and a caption which provides, “Brag on this accomplishments.” (See TYFA Facebook screenshot marked as Exhibit “Dn) On October 27, 202 l , two days after the board hearing, RGV Punishers kids began to reach out t0 coaches saying that they were being taunted online and at school by players from other teams calling them cheaters and losers. Players are undoubtedly on the TYFA Facebook page and sec comments made by people like Joaquin Garcia. On page 45, section 5 of the Judicial Policies section of the Organization Handbook provides as follows, to-wit: “Tampering, attempted 0r actual, is a gross violation of the spirit and philosophy of TYFA and is expressly forbidden. Athletic directors are responsible for committed by any P01 associated with their organization, or acting any violation at the direction of, or what they believe is in the best interest 0f their organization. An organization will be charged with a Level III violation along with any culpable certified volunteers.” Section 5 goes 0n to provide that “the telling 0f falsehoods (exaggerating the facts 0r member organization .” It making uneducated comments) about a is considered tampering. . stands t0 reason that each board member.-"coach/volunteer associated with a team who voted to ouster the RGV Punishers without a shred of viable evidence tampered with the RGV Punishers in violation Electronically Filed 10/28/2021 4:13 PM Hidalgo County District Clerks Reviewed By: Armando Cantu C-4389-21-C 0f Section 5 of the Judicial policies subsection 0f the Organizational Handbook and their teams disqualified for the remainder of the season. In light of the fact that Plaintiffs paid out of pocket expenses, parents of RGV Punishers players paid four hundred and fifty dollars each, the blatant conflict of interest on the part of Brian Morgan, the mental anguish incurred by the children, and nameless other reasons, the RGV Punishers’ record should be returned to what it was prior to the board’s decision t0 forfeit all past games, the RGV Punishers should be allowed to make-up the game that they were not allowed to play on Saturday October 23, 2021, and they should be allowed t0 finish the remainder of their schedule as well as any playoff games. Furthermore, any TYFA board members, employees, coaches and volunteers of TYFA teams should be enjoined from any disparaging remarks about RGV Punishers coaches, volunteers, and players. III. CAUSES 0F ACTION A. BREACH OF CONTRACT All previous allegations are incorporated herein by reference. Plaintiffs and Defendant entered into a contract whereby Plaintiffs agreed pay for the right t0 join TYFA and TYFA agreed t0 provide services for youth football and cheerleader programs. Plaintiffs fulfilled their part 0f the agreement. Defendants breached the contract when they disqualified the RGV Punishers without cause. Plaintiffs sue Defendants for out-of—pocket expenses. Plaintiffs sue Defendants for attorneys fees. Plaintiffs sue Defendants for exemplary damages. B. LIBEL SLANDER Electronically Filed 10/28/2021 4:13 PM Hidalgo County District Clerks Reviewed By: Armando Cantu C-4389-21-C All previous allegations are incorporated herein by reference. Mr. Awbrey, Mr. Herrera, and Mr. Espinoza are private individual and are neither a public official nor a public figure for any purpose. Defendants are all non-media defendants. The foregoing statements made and published were statements of fact that were false, both in their particular details and in the main point, essence, or gist in the context in which they were made. The foregoing statements made and published by Defendants directly and/or indirectly referred to Mr. Awbrey, Mr. Herrera, and Mr. Espinoza. The foregoing statements made and published by Defendants were libelous per se because they injured Mr. Awbrey, Mr. Herrera, and Mr. Espinoza reputation and have exposed Mr. Awbrey, Mr. Herrera, and Mr. Espinoza to public hatred, contempt, or ridicule, and/or financial injury. The foregoing statements made and published by Defendants were libelous per se because they impeach Mr. Awbrey, Mr. Herrera, and Mr. Espinoza’s honesty, integrity, virtue, and/or reputation. The foregoing statements made and published by Defendants were libelous per se because they injured Mr. Awbrey, Mr. Herrera, and Mr. Espinoza in his office, profession, and/or occupation. Electronically Filed 10/28/2021 4:13 PM Hidalgo County District Clerks Reviewed By: Armando Cantu C-4389-21-C The foregoing statements made and published by Defendants were libelous per se to the extent that they falsely charged Mr. Awbrey, Mr. Herrera, and Mr. Espinoza with the commission of a crime or failure to report a crime. In the alternative, the foregoing statements made and published by Defendants were libelous and/or slanderous through innuendo and/or implication. Defendants are strictly liable for the damages caused by the libel and/or slander Alternatively, Defendants knew the foregoing defamatory statements were false or were reckless with regard to whether the statements of fact were false. Alternatively, Defendants knew or should have known the defamatory statements were false. Mr. Awbrey, Mr. Herrera, and Mr. Espinoza is entitled to recover nominal damages, general damages, special damages. D. TORTIOUS INTERFERENCE WITH EXISTING CONTRACT All previous allegations are incorporated herein by reference. Mr. Awbrey, Mr. Herrera, and Mr. Espinoza had a valid contract and Defendants knew of the contract and/or had knowledge of the facts and circumstances that would lead Defendants to believe Mr. Awbrey, Mr. Herrera, and Mr. Espinoza had a valid contract. Defendants’ tonious conduct willfully and intentionally interfered with the contract. Defendants’ tortious conduct proximately caused Mr. Awbrey, Mr. Herrera, and Mr. Espinoza’s injury. Electronically Filed 10/28/2021 4:13 PM Hidalgo County District Clerks Reviewed By: Armando Cantu C-4389-21-C Mr. Awbrey, Mr. Herrera, and Mr. Espinoza suffered actual damages and/or loss due to Defendants’ tortious interference. E. CONSPIRACY All previous allegations are incorporated herein by reference. Defendants acted together to accomplish the libel, slander, and/or tortious interference with an existing contract. Defendants had a meeting of the minds on the object or course of action and committe4d one or more of the unlawful, over acts detailed above. Defendants are jointly and severally liable for the injuries Mr. Awbrey, Mr. Herrera, and Mr. Espinoza suffered as a proximate result 0f Defendants’ wrongful actions. F. RATIFICATION All previous allegations are incorporated herein by reference. Each Defendant ratified the libel, slander, and/or tortious interference with an existing contract committed by all other Defendants through approving such conduct after acquiring full knowledge of the same with the intent of giving validity to the tortious conduct. G. RETRACTION All previous allegations are incorporated herein by reference. Pursuant to Texas Civil Practice and Remedies Code, Mr. Awbrey, Mr. Herrera, and Mr. Espinoza requests that Defendants correct, clarify, or retract the statements detailed above. The statements were defamatory by: (l) injuring Mr. Awbrey, Mr. Herrera, and Mr. Espinoza’s reputation and have exposed Mr. Awbrey, Mr. Herrera, and Mr. Espinoza to public contempt, ridicule, and/or financial injury; (2) by impeaching Mr. Awbrey, Mr. Herrera, and Mr. Electronically Filed 10/28/2021 4:13 PM Hidalgo County District Clerks Reviewed By: Armando Cantu C-4389-21-C ESpinoza’s honesty, integrity, virtue, and/or reputation; (3) by injuring Mr. Awbrey, Mr. Herrera, and Mr. Espinoza in his office, profession, and/or occupation; (4) by falsely claiming Mr. Awbrey, Mr. Herrera, and Mr. Espinoza were cheating to gain an advantage over other TYFA teams. H. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS All previous allegations are incorporated herein by reference. To prevail in a claim for Intentional Infliction of Emotional Distress, a Plaintiff must prove that the Defendant acted intentionally in an extreme manner and that the Defendant’s actions cause the Plaintiffs sever emotional distress. In the present case, the Defendants’ actions were extreme and have caused Plaintiffs extreme emotional distress. IV. ELEMENTS FOR INJUNCTIVE RELIEF In light 0f the above described facts, Plaintiffs seek recovery from Defendants. The nature of the lawsuit is Breach of Contract, Breach of Fiduciary Duty, Breach 0f the Covenants 0f Good Faith and Fair Dealing, and Intentional Infliction of Emotional Distress, Negligent Infliction of Emotional Distress, Fraud, Libel, Slander, Thefi, and Collusion. Plaintiffis likely to succeed on the merits 0fthis lawsuit because Defendants have breached a contract which was signed by the parties to be bound and have refused any form of assistance which violates the covenants of good faith and fair dealing. Furthermore, Defendants wrongfully denied the RGV Punishers a meaningfill appeal when Defendants refused t0 hear evidence that would have resulted ir1 Plaintiffs’ appeal being granted. Electronically Filed 10/28/2021 4:13 PM Hidalgo County District Clerks Reviewed By: Armando Cantu C-4389-21-C Unless this Honorable Court immediately restrains the Defendant, the Plaintiffs will suffer immediate and irreparable injury, for which there is no adequate remedy at law t0 give Defendant complete, final and equal relief. More specifically, Plaintiff will show the court the following: A. The harm to Plaintiffs is imminent because the TYFA football season is extremely short. Furthermore, the RGV Punishers have a game on Saturday October 30, 202 l. Failure to act immediately will jeopardize the remaining season and will result in yet another forfeited game. B. This imminent harm will cause Plaintiffs irreparable injury in that the RGV Punishers will lose the game by way 0f forfeiture. C. There is n0 adequate remedy at law which will give Plaintiffs complete, final and equitable relief because no dollar amount can bring back a football season for two groups of children aged eight to twelve. V. BOND Plaintiffs are willing to post a reasonable temporary restraining order bond and request the court to set such bond at $250.00. VI. REMEDY Plaintiffs have met their burden by establishing each element which must be present before injunctive relief can be granted by this court, therefore Plaintiffs are entitled to the requested temporary restraining order. Plaintiffs requests that the court t0 restrain Defendants from denying the RGV Punishers playing football games until such other order is signed by the Court. Plaintiffs further request that Electronically Filed 10/28/2021 4:13 PM Hidalgo County District Clerks Reviewed By: Armando Cantu C-4389-21-C the Court enjoin any TYFA board members, employees, coaches and volunteers of TYFA teams from any disparaging remarks about RGV Punishers coaches, volunteers, and players. Plaintiffs fimher request that all coaches be reinstated. It is essential that the court immediately and temporarily restrain all Defendants herein from denying the RGV Punishers playing football games until such time that another order is signed by the Court. Plaintiffs further request that the Court enjoin any TYFA board members, employees, coaches and volunteers of TYFA teams from any disparaging remarks about RGV Punishers coaches, volunteers, and players. Plaintiffs further request that all coaches be immediately reinstated. It is essential that the court act immediately, prior to giving notice to Defendant and a hearing on the matter because providing notice will deny the RGV Punishers from playing on October 30, 202 l . In order to preserve the status quo during the pendency of this action, the RGV Punishers should be allowed to play their scheduled football games until such other order is signed by the Court. Plaintiffs further request that the Court enjoin any TYFA board members, employees, coaches and volunteers of TYFA teams from any disparaging remarks about RGV Punishers coaches, volunteers, and players. Plaintiffs were required to retain the services of the Honorable Terry Canales, Attorney at Law, PLLC. Plaintiffs request attorneys fees in a reasonable amount. Due to the nature and callousness exercised by TYFA, Plaintiffs request exemplary damages. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff herein, respectfully prays that: Electronically Filed 10/28/2021 4:13 PM Hidalgo County District Clerks Reviewed By: Armando Cantu C-4389-21-C Defendants will be cited t0 appear and answer herein; asks that the Court issue citation for each Defendant to appear and answer, and that Plaintiff be awarded a judgment against Defendants for the following: A) Nominal damages; B) General damages; C) Actualdamages; D) Special damages; E) Exemplary damages; F) Pre- and post-judgment interest; G) Costs of court; H) Attorney’s fees; and I) Such further relief, both general and special, at law or in equity, to which Plaintiff may show himself to be justly entitled J) A temporary restraining order will issue without notice to Defendant, restraining Defendants, Defendants’ officers, agents, servants, employees, agents, servants, successors and assigns, and attorneys from directly or indirectly denying the RGV Punishers playing football games until such other order is signed by the Court. Plaintiffs fimher request that the Court enjoin any TYFA board members, employees, coaches and volunteers of TYFA teams from any disparaging remarks about RGV Punishers coaches, volunteers, and players. The Court sets a reasonable bond for the temporary restraining order at $250.00; After notice and hearing, a temporary injunction will issue enjoining and restraining Alt Defendants, Defendants’ officers, agents, servants, employees, successors and assigns, Electronically Filed 10/28/2021 4:13 PM Hidalgo County District Clerks Reviewed By: Armando Cantu C-4389-21-C and attorneys from directly or indirectly denying the RGV Punishers playing football games until such other order is signed by the Court. Plaintiffs fithher request that the Court enjoin any TYFA board members, employees, coaches and volunteers of TYFA teams from any disparaging remarks about RGV Punishers coaches, volunteers, and players. Plaintiffs pray for attorneys fees as well as exemplary damages in amount not in excess 0f the Court’s jurisdiction. Plaintiffs pray for such other and fimher relief, both at law or in equity, to which Plaintiff may be justly entitled. Respectfully submitted, TERRY CANALES, ATTORNEY AT LAW, PLLC 3 [0 S. Closner Blvd. Edinburg, Texas 78539 (956) 3 l6-2223 Telephone (956) 3 16-2229 Telecopier Email: agalvan@rgvattomey.com By: Is? Terry Canales TERRY CANALES State Bar No. 24052947 Attorney for Plaintiffs 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. E-file Terry Canales, Attorney at Law PLLC on behalf of Terry Canales Bar No. 24052947 efile.tclaw@gmail.com Envelope ID: 58641857 Status as of 10/28/2021 4:33 PM CST Associated Case Party: RGV PUNISHERS ROOKIE DIVISION Name BarNumber Email TimestampSubmitted Status Terry Canales agalvan@rgvattorney.com 10/28/2021 4:13:04 PM SENT Associated Case Party: RGV PUNISHERS JUNIOR DIVISION Name BarNumber Email TimestampSubmitted Status Terry Canales agalvan@rgvattorney.com 10/28/2021 4:13:04 PM SENT