On July 28, 2020 a
Letter,Correspondence
was filed
involving a dispute between
Webster, Aaron,
Webster, Steven,
Woods, Dennis,
and
Omtc, Inc.,
Rogers, Ii, Dennis J.,
for CNTR CNSMR COM DEBT
in the District Court of Dallas County.
Preview
FILED
5/18/2021 6:07 PM
FELICIA PITRE
DISTRICT CLERK
910 LOUISIANA AUSTIN LONDDNLLAS 00., TEXAS
7 fl HOUSTON, TEXAS BEIJING Mosmra Clark DEPUTY
BAKER BO I I S l”, I I
77002-4995 BRUSSELS
DALLAS
NEW YORK
PALO ALTO
TEL +I 7T3.229.I234 DUBAI RIYADH
FAX +I 7T 3.229.I522 HONG KONG SAN FRANCISCO
BukerBoflscom HOUSTON WASHINGTON
May 18, 2021
0886980101 Meghan Dawson McEIvy
TEL: 7132291196
FA)“ 7‘ 32292896
VIA ELECTRONIC FILING
meghan.mcery@bakerbofls.com
Honorable Gena Slaughter
Judge, 191 st Judicial District Court
George L. Allen Senior Courts Building
600 Commerce Street, 7th Floor New Tower
Dallas, Texas 75202
Re: Cause No. DC-20-10214; Webster, et al. vs. Rogers, et al.; In the 191 st Judicial
District Court of Dallas County, Texas
Dear Judge Slaughter:
On May 1 1, Plaintiff Steven Webster filed his Verified Motion for Contempt for Violation
of the Court’s Agreed Second Amended Temporary Injunction and Request for Order to Show
Cause (the “Motion”) against Defendant Dennis J. Rogers (“Rogers”), as well as a proposed Show
Cause Order. In the Motion, Plaintiff seeks ciVil and criminal sanctions against Mr. Rogers for his
Violation of the TI, including jail time.
I write to request that an in-person hearing be held on the show cause order. The Texas
Supreme Court has indicated that the Defendant’s presence is required at such a hearing for
criminal contempt. See Exparte Alloju, 907 S.W.2d 486, 487 (Tex. 1995) (“In Ex parte Johnson,
654 S.W.2d 415, 422 (Tex.1983), we held that a court should not try charges of criminal,
constructive contempt in the alleged contemnor's absence, but should instead issue a capias or writ
of attachment to bring the alleged contemnor before the court”). Given that Plaintiff is seeking
jail time as a result of Mr. Rogers’ disobedience of the Court’s order, an in-person hearing, rather
than a remote/Zoom hearing, is needed to protect Mr. Rogers’ due process rights and comply with
the Texas Supreme Court’s precedent.
If itis convenient for the Court, Plaintiffs have a 1.5 hour hearing slot reserved on May
28, 2021 at 1:15 for their pending motion to compel post-judgment discovery responses.
Defendants were available during that time when Plaintiffs contacted them to schedule the motion
to compel. Plaintiffs suggest that it may be convenient to schedule the show cause hearing on the
motion for contempt to also take place immediately following that same time slot.
We are of course happy to comply with all social distancing and other safety measures
necessary to ensure that an in-person hearing is safe for all participants.
BAKER BOTTS l.Ll‘:‘
Honorable Gena Slaughter May 18, 2021
Respectfully,
¢/Wy
Meghan Dawson McElvy
Counsel for Plaintififv
cc: By E-Filing
Bradley Kirklin and George Rau
Counsel for Defendants
Active 52695500.1
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.
Kendall Black on behalf of Meghan McElvy
Bar No. 24065127
kendall.black@bakerbotts.com
Envelope ID: 53574780
Status as of 5/19/2021 9:25 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Meghan DawsonMcElvy meghan.mcelvy@bakerbotts.com 5/18/2021 6:07:07 PM SENT
Corey F.Wehmeyer cwehmeyer@swenergylaw.com 5/18/2021 6:07:07 PM SENT
Laura Sammons lsammons@hrkslaw.com 5/18/2021 6:07:07 PM SENT
Henri lnocencio hinocencio@swenergylaw.com 5/18/2021 6:07:07 PM SENT
Margaret Wittenmyer margaret.wittenmyer@bakerbotts.com 5/18/2021 6:07:07 PM SENT
Kendall Black kendall.black@bakerbotts.com 5/18/2021 6:07:07 PM SENT
Marilee Scott mscott@hrkslaw.com 5/18/2021 6:07:07 PM SENT
Kim Hammonds khammonds@hrkslaw.com 5/18/2021 6:07:07 PM SENT
Alexandra J.Kushner alexandra.kushner@gs.com 5/18/2021 6:07:07 PM SENT
Erin Koenen ekoenen@ayco.com 5/18/2021 6:07:07 PM SENT
Yvonne Rager yvonne.rager@bakerbotts.com 5/18/2021 6:07:07 PM SENT
Kevin Kassner kkassner@swenergylaw.com 5/18/2021 6:07:07 PM SENT
Emily Leal eleal@swenergylaw.com 5/18/2021 6:07:07 PM SENT
Sandra Watson swatson@swenergylaw.oom 5/18/2021 6:07:07 PM SENT
Associated Case Party: STEVEN WEBSTER
Name BarNumber Email TimestampSubmitted Status
Tina Q.Nguyen tina.nguyen@bakerbotts.com 5/18/2021 6:07:07 PM SENT
Associated Case Party: OMTC, INC.
Name BarNumber Email TimestampSubmitted Status
George Henry Rau 24037335 grau@hennemanrau.com 5/18/2021 6:07:07 PM SENT
Associated Case Party: DENNISJROGERS, ||
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.
Kendall Black on behalf of Meghan McElvy
Bar No. 24065127
kendall.black@bakerbotts.com
Envelope ID: 53574780
Status as of 5/19/2021 9:25 AM CST
Associated Case Party: DENNISJROGERS, ||
Name BarNumber Email TimestampSubmitted Status
Brett Chisum 24082816 bchisum@mccathernlaw.com 5/18/2021 6:07:07 PM SENT
Bradley McMahon Kirklin 24046222 bkirklin@hennemanrau.com 5/18/2021 6:07:07 PM SENT
Associated Case Party: AARON WEBSTER
Name BarNumber Email TimestampSubmitted Status
Margaret Wittenmyer 24106593 mlwittenmyer@g mail.com 5/18/2021 6:07:07 PM SENT
Document Filed Date
May 18, 2021
Case Filing Date
July 28, 2020
Category
CNTR CNSMR COM DEBT
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Preview
FILED 5/18/2021 6:07 PM FELICIA PITRE DISTRICT CLERK 910 LOUISIANA AUSTIN LONDDNLLAS 00., TEXAS 7 fl HOUSTON, TEXAS BEIJING Mosmra Clark DEPUTY BAKER BO I I S l”, I I 77002-4995 BRUSSELS DALLAS NEW YORK PALO ALTO TEL +I 7T3.229.I234 DUBAI RIYADH FAX +I 7T 3.229.I522 HONG KONG SAN FRANCISCO BukerBoflscom HOUSTON WASHINGTON May 18, 2021 0886980101 Meghan Dawson McEIvy TEL: 7132291196 FA)“ 7‘ 32292896 VIA ELECTRONIC FILING meghan.mcery@bakerbofls.com Honorable Gena Slaughter Judge, 191 st Judicial District Court George L. Allen Senior Courts Building 600 Commerce Street, 7th Floor New Tower Dallas, Texas 75202 Re: Cause No. DC-20-10214; Webster, et al. vs. Rogers, et al.; In the 191 st Judicial District Court of Dallas County, Texas Dear Judge Slaughter: On May 1 1, Plaintiff Steven Webster filed his Verified Motion for Contempt for Violation of the Court’s Agreed Second Amended Temporary Injunction and Request for Order to Show Cause (the “Motion”) against Defendant Dennis J. Rogers (“Rogers”), as well as a proposed Show Cause Order. In the Motion, Plaintiff seeks ciVil and criminal sanctions against Mr. Rogers for his Violation of the TI, including jail time. I write to request that an in-person hearing be held on the show cause order. The Texas Supreme Court has indicated that the Defendant’s presence is required at such a hearing for criminal contempt. See Exparte Alloju, 907 S.W.2d 486, 487 (Tex. 1995) (“In Ex parte Johnson, 654 S.W.2d 415, 422 (Tex.1983), we held that a court should not try charges of criminal, constructive contempt in the alleged contemnor's absence, but should instead issue a capias or writ of attachment to bring the alleged contemnor before the court”). Given that Plaintiff is seeking jail time as a result of Mr. Rogers’ disobedience of the Court’s order, an in-person hearing, rather than a remote/Zoom hearing, is needed to protect Mr. Rogers’ due process rights and comply with the Texas Supreme Court’s precedent. If itis convenient for the Court, Plaintiffs have a 1.5 hour hearing slot reserved on May 28, 2021 at 1:15 for their pending motion to compel post-judgment discovery responses. Defendants were available during that time when Plaintiffs contacted them to schedule the motion to compel. Plaintiffs suggest that it may be convenient to schedule the show cause hearing on the motion for contempt to also take place immediately following that same time slot. We are of course happy to comply with all social distancing and other safety measures necessary to ensure that an in-person hearing is safe for all participants. BAKER BOTTS l.Ll‘:‘ Honorable Gena Slaughter May 18, 2021 Respectfully, ¢/Wy Meghan Dawson McElvy Counsel for Plaintififv cc: By E-Filing Bradley Kirklin and George Rau Counsel for Defendants Active 52695500.1 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. Kendall Black on behalf of Meghan McElvy Bar No. 24065127 kendall.black@bakerbotts.com Envelope ID: 53574780 Status as of 5/19/2021 9:25 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Meghan DawsonMcElvy meghan.mcelvy@bakerbotts.com 5/18/2021 6:07:07 PM SENT Corey F.Wehmeyer cwehmeyer@swenergylaw.com 5/18/2021 6:07:07 PM SENT Laura Sammons lsammons@hrkslaw.com 5/18/2021 6:07:07 PM SENT Henri lnocencio hinocencio@swenergylaw.com 5/18/2021 6:07:07 PM SENT Margaret Wittenmyer margaret.wittenmyer@bakerbotts.com 5/18/2021 6:07:07 PM SENT Kendall Black kendall.black@bakerbotts.com 5/18/2021 6:07:07 PM SENT Marilee Scott mscott@hrkslaw.com 5/18/2021 6:07:07 PM SENT Kim Hammonds khammonds@hrkslaw.com 5/18/2021 6:07:07 PM SENT Alexandra J.Kushner alexandra.kushner@gs.com 5/18/2021 6:07:07 PM SENT Erin Koenen ekoenen@ayco.com 5/18/2021 6:07:07 PM SENT Yvonne Rager yvonne.rager@bakerbotts.com 5/18/2021 6:07:07 PM SENT Kevin Kassner kkassner@swenergylaw.com 5/18/2021 6:07:07 PM SENT Emily Leal eleal@swenergylaw.com 5/18/2021 6:07:07 PM SENT Sandra Watson swatson@swenergylaw.oom 5/18/2021 6:07:07 PM SENT Associated Case Party: STEVEN WEBSTER Name BarNumber Email TimestampSubmitted Status Tina Q.Nguyen tina.nguyen@bakerbotts.com 5/18/2021 6:07:07 PM SENT Associated Case Party: OMTC, INC. Name BarNumber Email TimestampSubmitted Status George Henry Rau 24037335 grau@hennemanrau.com 5/18/2021 6:07:07 PM SENT Associated Case Party: DENNISJROGERS, || 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. Kendall Black on behalf of Meghan McElvy Bar No. 24065127 kendall.black@bakerbotts.com Envelope ID: 53574780 Status as of 5/19/2021 9:25 AM CST Associated Case Party: DENNISJROGERS, || Name BarNumber Email TimestampSubmitted Status Brett Chisum 24082816 bchisum@mccathernlaw.com 5/18/2021 6:07:07 PM SENT Bradley McMahon Kirklin 24046222 bkirklin@hennemanrau.com 5/18/2021 6:07:07 PM SENT Associated Case Party: AARON WEBSTER Name BarNumber Email TimestampSubmitted Status Margaret Wittenmyer 24106593 mlwittenmyer@g mail.com 5/18/2021 6:07:07 PM SENT