Preview
FILED
4/8/2024 5:41 PM
3 CIT/ ESERVE FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Fernando Soto DEPUTY
DC-24-05204
CAUSE NO.
CHARLES TATE, § IN THE DISTRICT COURT
Plaintiff, §
§ 95th
VS.
JUDICIAL DISTRICT
TONY D. WHITE, EDNA J. WHITE, and
LIFETIME ENTERTAINMENT
SERVICES, LLC.,
Defendants. § DALLAS COUNTY, TEXAS
PLAINTIFF’S ORIGINAL PETITION FOR REVIEW
NOW COMES Plaintiff, CHARLES TATE (‘Plaintiff’), suing Defendants, TONY D.
WHITE (“Tony White” or “Producer”), EDNA J. WHITE (“Edna White” or “Director’), and
LIFETIME ENTERTAINMENT SERVICES, LLC (“Lifetime”), and in support of his Original
Petition respectfully shows the Court as follows:
NATURE OF THE ACTION
1 On or about March 2023, Tate signed a Writer’s Agreement with Edna J. White to
tetain her for script writing and creative production services. Investor subsequently signed a
Partnership Agreement with Producer and immediately invested in excess of forty-five thousand
dollars ($45,000). In April 2023, Producer and Director signed some type of licensing agreement
with Lifetime and are attempting to ignore their obligations to Investor.
2 Defendants were placed on notice by direct party correspondence, and then by
counsel via demand letter in January 2024. Defendants breach of contract and tortious interference
is ongoing, leading to exponential compensatory damages that may be unrecoverable if Plaintiff is
not enabled to retain control of his proprietary content.
PLAINTIFF’S ORIGINAL PETITION FOR REVIEW Page 1 of 8
3 In addition to compensatory damages resulting from Defendants’ bad acts, Plaintiff
requests injunctive relief in the form of specific performance requiring Defendants to halt
production, and immediately turn over control and profits resulting from this breach. This
injunction is necessary to crystallize damages and preserve Defendants’ ability to mitigate
damages.
PARTIES
4. Plaintiff, CHARLES TATE, is a resident of Dallas County, Texas.
5 Defendant EDNA J. WHITE is a resident of Dallas County, Texas, and can be
served at her address according to the terms of the Writer’s Agreement at 2376 Calendar Court,
Grand Prairie, Dallas County, Texas 75050.
6. Defendant TONY D. WHITE is a resident of Dallas County, Texas, and can be
served at his address according to the terms of the agreement at P.O Box 532157, Grand Prairie,
Texas 75053.
ey Defendant LIFETIME ENTERTAINMENT SERVICES, LLC is a limited liability
company with a principal business office in New York and organized under the laws of the State
of Delaware. However, Defendant Lifetime avails itself of the jurisdiction of Dallas County, Texas
via this ongoing engagement. LIFETIME ENTERTAINMENT SERVICES, LLC can be served
through its registered agent: The Corporation Trust Company, Corporation Trust Center, 1209
Orange Street, Wilmington, Delaware, New Castle County, 19801.
DISCOVERY CONTROL PLAN
8 The amount in controversy in this matter is more than fifty thousand and 00/100
Dollars ($50,000) and less than $250,000, excluding costs and interest on past due amounts.
PLAINTIFF’S ORIGINAL PETITION FOR REVIEW Page 2 of 8
Therefore, this case shall be governed by the Level I Expedited Action Discovery Control Plan,
pursuant to Tex. R. Civ. P. 190.2.
JURISDICTION AND VENUE
9 As a direct and/or proximate result of the breach of contract that is the basis of this
lawsuit, Plaintiff incurred damages in an amount within the jurisdictional limits of this Court,
exclusive of costs and pre-judgment interest. Therefore, jurisdiction in this Court is proper.
10. Venue is proper in Dallas County because it is the county in which all or a
substantial part of the events or omissions giving rise to the claim occurred and is the county in
which multiple defendants reside at the time the cause of action accrued. Tex. Civ. Prac. & Rem.
Code §§ 15.002(a)(1) and (2). Defendants’ acts and/or omissions, individually or collectively,
were the direct and/or proximate cause of Plaintiff's damages resulting from Defendants’ actions
and omissions as more fully described below.
SUMMARY OF RELIEF SOUGHT
le Plaintiff seeks monetary relief of Two Hundred Fifty Thousand and 00/100 Dollars
($250,000) or less and non-monetary relief, including damages of any kind, penalties, costs,
expenses, pre-judgment interest, and attorney fees. Tex. Civ. P. 47(c)(3).
STATEMENT OF FACTS
12. On or about 1982, Plaintiff
met Defendants Edna J. White and Tony D. White and
are lifelong friends. On or about March 18, 2023, Plaintiff created the proprietary content related
to a film concept called “Cycles.”
13¢ On or about March 20, 2023, Plaintiff signed a Writer’s Agreement with Edna J.
White to retain her for script writing and creative production services. See March 2023 Writer’s
Agreement, attached as Exhibit 1. In exchange, Plaintiffagreed to pay Edna J. White five thousand
PLAINTIFF’S ORIGINAL PETITION FOR REVIEW Page 3 of 8
dollars ($5,000) and warrant three percent (3%) of net proceeds when Plaintiff eventually marketed
Cycles.
14. On or about March 26, 2023, Plaintiff signed a Partnership Agreement with Tony
D. White and immediately invested in excess of forty-five thousand dollars ($45,000). See
Partnership Agreement, attached as Exhibit 2. In exchange, Plaintiff agreed to pay Tony D. White
seventeen percent (17%) of net proceeds when Plaintiff eventually marketed Cycles.
15. On or about April 2023, Producer and Director disclosed their relationship with
Lifetime to Plaintiff and proffered that they should engage directly on behalf of all parties. Instead,
based on information and belief, Producer and Director signed some type of licensing agreement
with Lifetime and are now attempting to ignore their obligations to Investor.
16. On or about May 2023, the parties filmed “Cycles.”
17. On or about June 2023, the partied edited “Cycles.”
18. On or about August 2023, Defendants Edna White and Tony White began direct
conversations with Lifetime utilizing an uncompleted edit of Cycles without Plaintiff's permission,
notification, or consent. Defendants Edna White and Tony White’s marketing of the incomplete
and lower-value version of Cycles is likely to have cost Plaintiff further marketing efforts of
Cycles.
19. On or about September 2023, Defendants Edna White and Tony White uploaded,
or allowed various parties to upload, an IMDG listing and trailer of Cycles. Defendants Edna White
and Tony White’s marketing of the incomplete and lower-value version of Cycles is likely to have
cost Plaintiff further marketing efforts of Cycles.
PLAINTIFF’S ORIGINAL PETITION FOR REVIEW Page 4 of 8
20. Plaintiff attempted to contact Defendants to clarify their marketing, licensing, and
possible production of Cycles on or about January 2024. See January 2024 Cease and Desist,
attached as Exhibit 3.
21. Defendants have refused to respond to Plaintiff's numerous inquiries, and
Defendants actions have inhibited Plaintiff's ability to successfully market Cycles.
COUNT I: BREACH OF WRITER’S AGREEMENT CONTRACT (against Defendant
Edna J. White)
22. Plaintiff reincorporates and realleges paragraphs 1-21 as if fully set forth herein.
23. On or about March 20, 2023, Plaintiff signed a Writer’s Agreement with Defendant
Edna J. White, for script writing and creative production services, whereby Defendant Edna J.
White would receive a five-thousand-dollar ($5,000) payment in addition to three percent (3%) of
net profits. See March 2023 Writer’s Agreement, attached as Exhibit 1.
24. Plaintiff fully performed his obligations pursuant to the contract.
25. Defendant Edna J. White failed to adhere to her obligations under the Writer’s
Agreement.
26. As a result, Plaintiff has incurred significant, ongoing, and increasing damages,
including attorney’s fees and costs.
COUNT II: BREACH OF PARTNERSHIP AGREEMENT CONTRACT (against
Defendant Tony D. White)
27. Plaintiff reincorporates and realleges paragraphs 1-21 as if fully set forth herein.
28. On or about March 26, 2023, Plaintiff signed a Partnership Agreement with
Defendant Tony D. White, whereby Defendant Tony D. White would receive seventeen percent
(17%) of net profits in exchange for Plaintiff providing a capital infusion investment of forty-five
thousand dollars ($45,000). See March 2023 Partnership Agreement, attached as Exhibit 2.
PLAINTIFF’S ORIGINAL PETITION FOR REVIEW Page 5 of 8
29. Plaintiff fully performed his obligations pursuant to the contract.
30. Defendant Tony D. White breached contract by refusing to disclose that he signed
a subsequent engagement with Lifetime without disclosing the same to Plaintiff.
31. Defendant Tony D. White’s lack of disclosure impeded Plaintiffs ability to
ultimately determine the creative direction of the production, or even crystallize damages without
prompt disclosure from Defendant Tony D. White.
32. As a result, Plaintiff has incurred significant, ongoing, and increasing damages,
including attorney’s fees and costs in an attempt to collect these due and owing funds.
COUNT III: TORTIOUS INTERFERENCE (against Defendant Lifetime)
33. Plaintiff reincorporates and realleges paragraphs 1-21 as if fully set forth herein.
34. Defendant Lifetime tortiously interfered with the Writer’s Agreement and
Partnership Agreement signed by the Parties.
35. Defendant Lifetime had full knowledge of the contracts previously signed by
Plaintiff and Defendants White and is fully aware that Plaintiff is the true owner of “Cycles.”
36. In contravention of this knowledge, Defendant Lifetime is ignoring those
contractual obligations in an effort to control the proprietary direction of “Cycles” and to maximize
profit by excluding a true owner.
37. Plaintiff fully performed his obligations pursuant to the contract.
38. As a result, Plaintiff has incurred significant, ongoing, and increasing damages,
including attorney’s fees and costs in an attempt to collect these due and owing funds.
CONDITIONS PRECEDENT
39. All conditions precedent have been performed or have occurred.
COUNT IV: DECLARATORY JUDGMENT (against all Defendants)
PLAINTIFF’S ORIGINAL PETITION FOR REVIEW Page 6 of 8
40. Plaintiff reincorporates and realleges paragraphs 1-21 as if fully set forth herein.
41. Plaintiff requests declaratory relief under the Uniform Declaratory Judgment Act,
Tex. Civ. Prac. & Rem. Code § 37.001 et al.
42. As demonstrated by the allegations contained herein, an actual controversy or
dispute exists between Plaintiff and Defendants as to the contracts herein.
43. All persons who have or claim any interests that would be affected by the
declaratory relief requested herein have been made parties.
44. Plaintiff fully performed his obligations pursuant to the Writer’s Agreement and
Partnership Agreement.
45. Monetary relief may be inadequate as Defendants proprietary control of “Cycles’ >
is likely to reduce its ultimate value as intended by Plaintiff.
46. Plaintiff requests this Court issue a declaratory judgment demonstrating his
majority ownership and proprietary control over the marketing and publishing of “Cycles.”
47. Plaintiff requests this Court direct Defendants to honor all their obligations to
Plaintiff pursuant to the signed contracts.
48. As a result, Plaintiff has incurred significant, ongoing, and increasing damages,
including attorney’s fees pursuant to Tex. Civ. Prac. & Rem. Code § 37.009 and costs in an attempt
to collect these due and owing funds.
JURY DEMAND
49, Pursuant to Rule 216 of the Texas Rules of Civil Procedure, Plaintiff requests a jury
trial and has tendered, or will tender, the requisite fee.
PLAINTIFF’S ORIGINAL PETITION FOR REVIEW Page 7 of 8
PRAYER FOR RELIEF
WHEREFORE, Plaintiff CHARLES TATE, prays the Court cite Defendants TONY D.
WHITE, EDNA J. WHITE, and LIFETIME ENTERTAINMENT SERVICES, LLC., to appear
and answer, and that on final hearing or trial, Plaintiff be awarded judgment against Defendants in
an amount in excess of fifty thousand dollars ($50,000), plus prejudgment interest, enter an order
declaring his ownership and creative control, along with requiring Defendants to honor all their
obligations to Plaintiff pursuant to the signed contracts.
Date: April 8, 2024 Respectfully Submitted,
Cole Sadkin, LLC
Mason S. Cole
1652 West Belmont Avenue, Suite 1
Chicago, IL 60657
(312) 548-8610
colesadkin.com
meole@colesadkin.com
Firm No. 49001
Lead Counsel for Plaintiff!
Shields Legal Group, P.C.
A Professional Corporation
/s/ Bayley Clark
Bayley Clark
State Bar No. 24138252
Victor D. John
State Bar No. 24120119
16400 Dallas Parkway, Suite 300
Dallas, TX 75248
shieldslegal.com
(469) 726-3073
belark@shieldslegal.com
john@shieldslegal.com
Local Counsel for Plaintiff
' Awaiting approval and appointment into Texas via pro hac vice as of the date of this filing.
PLAINTIFF’S ORIGINAL PETITION FOR REVIEW Page 8 of 8
EXHIBIT 1
DocuSign Envelope ID: 540009E 1-A2B4-4207-B677-52D7FD9DF204
Legal/2186 4
Writers Agreement
THIS SERVICE AGREEMENT is made this 20" day of March, 2023 by and between the following
individuals:
Charlie Tate Address: 107A
City/State/ZIP:
Edna J. White Address: 2376 Calendar Court
City/State/ZIP: Grand Prairie, TX 75050
_
1 TERMS OF AGREEMENT: The parties listed above hereby agree that they are considered in
business for the following purpose:
Charlie Tate agrees to pay Edna White
for the role of writing script draft service for upcoming feature film the sum of $5,000 with a down
payment to start service of $2500 and then the remaining balance on delivery of the finalized script.
Additional 3% percentage of all overall net profit from this project. It is understood by both parties that
no other compensation will be sought out after said payments is rendered.
2. Service start Dates: on March 25" Delivery date: on or before April 25th
3. Term/Termination: The terms of this Agreement shall only be for service dates, unless the parties
mutually agree in writing to a longer or shorter period..
4. Disputes: This Agreement shall be governed by the laws of the State of Virginia. Any disputes
arising between both parties as a result of this Agreement shall be settled by arbitration in accordance
with the rules of the American Arbitration Association and judgment upon the award rendered may be
entered in any court having jurisdiction thereof.
5. Withdrawal/Death In the event either party withdraws or retires from the agreement for any reason,
including death, the remaining parties shall not be liable. A withdrawing party shall be obligated to give
TEN (10) days’ prior written notice of his/her intention to withdraw.
IN WITNESS WHEREOF, the partners have duly executed this Agreement on the day and year set forth
eremmbove. DocuSigned by:
Charkie Tate Vn. Edina White
ra TDOROFSORS: Bt Br ar
Charlie Tate Writer - Edna White
THIS CONTRACT IS LEGAL AND BINDING IN THE UNITED STATES OF AMERICA
EXHIBIT 2
PARTNERSHIP AGREEMENT
This Partnership Apreement (“Agreement”) is made as of the latter of the signatures dates below between
lead producer TONY WHITE, with its principal office located al PO Box 532157, Grand Prairie, TX
75083
(“fxecutive Producer”) and Charlie Tate with his principal address located at
_ (Executive producer/Investor)
hereby agree to the terms and conditions set forthin this Agreement. Any and all modificationsor
additions to this Contract must be writing and signed by both Parties.
ARTICLE 1
DUTIES AND RESPONSIBILITIES
For, and in consideration of, the promises and mutual covenants contained herein, Tony D. White and
Charlie Tate do hereby apree as follows:
Tony D, White shall comply with the provisions of ali applicable federal, state and local laws. Tony
White represents and warrants that the film to be produced hercunder is the writer and or Production
Compuny’s original work and to its knowledge is not infringing on another's cnpyrights. This Agreement
shall be constructed in accordance with the laws of the Sude of Texas.
Qyenership: Charlie Tate thereof, shall own all rights in this Motion Picture, the component parts thereof,
and the copyright for use throughout the world in any and all media platforms. Tony White shall have
ALL authorily and rights to sell or award any amount of percemage ownership of this said film project ta
any third parties,
ARTICLE 2
COMPENSATION
Compensate: Tony White as follows: 1. shall be given the ownership of seventeen percent
17%) of the Hundred Percent (100%) from the Profits of the film “TBA” in any and every format
of distribution, including but not limited to streaming, DVD, television broadcast, domestic
digital, foreign and any other platforms. This project will be pitched to TV networks.
Gumership: Charlie Tate thereof, shail own !00% of all nahts in this Motion Picture “TBA” the
component parts thereof, and the copyright for use throughout the world in any and all media
platforms. Tony White shall have ALL authority, proxy and rights to sell or award any
remaining/available amount of percentage af ownership, of this said film project to any third
parties.
1 TERM OF AGREEMENT: Lile of this project
Producer Kesponsthilitics:
ata
es
on will be
All panties agree that Charlie Tate will give his invest $45k for this said movie producti
deposited within 24 hours of signing this agreement.
Draws:
In moving forward this process will be structured layout DOWN PAYMENT and
1) First Draw $2500 producers fee down payment deposit on March 27 2023
2) Second Draw $20K will be dee on April 12 2023
3) Third Draw $20K will be due on April 2023
4) Second Draw $2500 will be due on May Ist 2023
ARTICLE 3
MISCELLANEOUS
nil jon: To the fullest extent permitted by law, Tony D. White shall defend, indemnify, aid
, expenses
hold harmless Charlie Tate from any penalties, claims, demands, lawsuits, damages, liabilities
of counsel and court costs),
{including but not limited to, reasonable ownerships and disbursements
judgments, settlements and penalties of every kind that may be made: (a) by anyone for injuries
whole or in part from the
(including death) to persons or damage to property (including theft) resulting in
by Tony 19. White or similar acts; (¢)
acts or omissions of Production Company; (b) by persons furnished
‘by anyone in conection with any filming, including, without limitation
, Claims regarding the adequacy
of any disclosures, insttuctions or warnings related to any such filming, and/or
claims that the Work
y (d) under any federal laws or under any other staiule,
Product infringes on an intellectual propert rights;
at common law or otherwise arising out of or in connectio n wi ith the perfarman ce of Production Company.
Chaice of and. fiction: This Agreement shall be governed by and construed in accordance
with the laws of the State of Texas without regard to any con! Mlicts of laws principles
that would require
of ils federal
the upplication of the laws of any other jurisdiction, and subject to the exclusive jurisdiction
or state courts,
‘ond the terminalion or
Survival: Provisions of this Agreement, which by their nature or terms extend bey:
terminati on or nonrencwa l, including, without
nonrenewal of this Agrecmem, will remain effective after
limitation, obligations tv indemmily, insure and maintain coniident ialily.
nt may be amended or
Amendments: Except as otherwise provided herein, no prirvision of this Agreeme
waived unless agreed to in a writien signed by the parties.
severable, such that if any one
Severability: + Fach provision of this Agreement will be considered
provision or clause confi icts with existing or future applicable law or may not he given full effect becuuse
of such law, no ciher pr cv: ision that can operate without the conilicting provision or clause will
be
affected.
has mt: This Agreement and the exhibits attached to it contain the entire understanding,
the subject matter
between the parties and supersede all prior agreements and understandings relating to
cof the Agreement
be a waiver of any
Waiver: The failure of 2 party to enforce the provisions of this Agreement will not
t.
Provision or the righl of such party thereafter to enforce each and every provision of this Agreemen
Tate may pursue and
Noy-exelastv ily: It is mutually agreed that this is a nonexclusive contract, Chartie
Company.
secure other film productions from other sources with no obligation to Production
y given only when sent via
Notices, Any notice or other communication will be deemed to be properl
certified or registered mail, express mail or other overnight delivery service, or hand delivery. proper
first page of this Agreeme nt. Either party
postage or other charges prepaid and addressed as shown on the
party hereto.
hereta may change its notice address upon written notice thereof ta the other
All other terms and conditions shall -be set forth in good faith.
Tony 1D. Whi
Sign
Charlie Tate
eo/26/2023
Page $of3
EXHIBIT 3
January 17, 2024
Via Certified Mail
SENTIENT LAW, LTD
LIFETIME ENTERTAINMENT SERVICES, LLC ATTORNEYS AT Lav—
28 LIBERTY ST.,
NEW YORK, NEW YORK 10005
ec. TONY D. WHITE AND EDNA J. WHITE
P.O. BOX 532157
GRAND PRAIRIE, TEXAS 75053
RE: CEASE AND DESIST AND DEMAND FOR PAYMENT
Dear Lifetime Entertainment Services, LLC:
I hope this letter finds you well. Our firm represents Charlie Tate, Jr., the owner
and interest holder in “Cycles”. Please accept this letter as my client’s formal demand
to cease and desist all public airing, marketing, and promoting such work whether in
substance, or character and likeness, until payment is rendered.
According to my client’s records, the “Cycles” script was purchased under a
certain Writer’s Agreement, from Edna J. White dated March 20, 2023, for script
writing and the creative production services, whereby Ms. White would receive a
$5,000.00 payment to start, in addition to three percent (3%) net profit from the project.
See Exhibit A. On March 26, 2023, Tony D. White signed a certain Partnership
Agreement with my client entitling Mr. White to “seventeen percent (17%) of profits of
the film “TBA” from every fit and format, in exchange for my client’s investment of
forty-five-thousand dollars ($45,000) paid over the course of four (4) installments
beginning March 27, 2023 and ending May 1, 2023. See Exhibit B.
The script was subsequently produced and date stamped in draft form April 1,
2023. See Exhibit C. Throughout, my client has maintained his payment obligations
pursuant to their respective Agreements. However, it has come to our attention the work
product “Cycles”, pursuant to Mr. White’s efforts as producer and Edna J. White’s role
as director, has been granted a licensing deal with Lifetime Television, without
authorization, reward, or remuneration received by my client. These actions infringe
upon and damage my client's intellectual property right and right to publicity, for which
he is the exclusive holder. This is in clear violation of the terms to Mr. White is bound in
the Partnership Agreement, requiring immediate remedial action for redress. My client is
entitled to a detailed accounting of the production profits and losses and the cumulative
eighty-percent (80%) of profits to which he is owed.
SENTIENT LAW, LTDS
Sarrorseys aT Law—
Under Article 1 of the Partnership Agreement, and as the financier for this
production, my client is the exclusive license holder of this work. To exploit this work in
breach of the Partnership Agreement is fraudulent misrepresentation. Tony D. White has
been informed of his breach of the Partnership Agreement and has decided to perpetuate
this fraud by involving Lifetime Entertainment Services, LLC. My firm recognizes
Lifetime Entertainment Services, LLC may not be aware of Mr. White’s actions to this
point in time, however, this should serve as notice that your company is now in
possession of my client’s property and funds in furtherance of this fraud.
I will remind the above-named parties, my client has claims not limited to
breach of contract, unjust enrichment, conversion, tortious interference, false pretenses,
fraudulent inducement, and fraudulent misrepresentation, which, if you choose to
litigate, allow for punitive damages in civil court. Furthermore, we will seek injunctive
relief ceasing all production and distribution through Lifetime/A&E Television Network
or any other providers until this dispute is resolved. At this point, my client is merely
asking for compensatory damages, or in the alternative, a prompt and amicable
negotiation to facilitate the previously agreed profits payments.
To seek a resolution, and prevent further legal action by our litigation attorneys,
kindly reach out to me at the contact information below in the next 48 hours, I will
facilitate the payment arrangements.
Very Respectfully,
LK
SEAN P. LANAGAN
Attorney at Law
Partner
(512) 553-5807 (Direct)
(512) 843-7266 (Austin)
(312) 650-9087 (Chicago)
(512) 843-7596
E sean@sentientlaw.com
Ww www.sentientlaw.com
EXHIBIT A
DocuSign Envelope ID: 540009E 1-A2B4-4207-B677-52D7FD9DF204
Legal/2186 4
Writers Agreement
THIS SERVICE AGREEMENT is made this 20" day of March, 2023 by and between the following
individuals:
Charlie Tate Address: 107A
City/State/ZIP:
Edna J. White Address: 2376 Calendar Court
City/State/ZIP: Grand Prairie, TX 75050
_ __ __ __
1 TERMS OF AGREEMENT: The parties listed above hereby agree that they are considered in
business for the following purpose:
Charlie Tate agrees to pay Edna White
for the role of writing script draft service for upcoming feature film the sum of $5,000 with a down
payment to start service of $2500 and then the remaining balance on delivery of the finalized script.
Additional 3% percentage of all overall net profit from this project. It is understood by both parties that
no other compensation will be sought out after said payments is rendered.
2. Service start Dates: on March 25" Delivery date: on or before April 25th
3. Term/Termination: The terms of this Agreement shall only be for service dates, unless the parties
mutually agree in writing to a longer or shorter period..
4. Disputes: This Agreement shall be governed by the laws of the State of Virginia. Any disputes
arising between both parties as a result of this Agreement shall be settled by arbitration in accordance
with the rules of the American Arbitration Association and judgment upon the award rendered may be
entered in any court having jurisdiction thereof.
5. Withdrawal/Death In the event either party withdraws or retires from the agreement for any reason,
including death, the remaining parties shall not be liable. A withdrawing party shall be obligated to give
TEN (10) days’ prior written notice of his/her intention to withdraw.
IN WITNESS WHEREOF, the partners have duly executed this Agreement on the day and year set forth
eveitabive. DocuSigned by:
Charlie Tate Jr. Edu White
ASH 1DOFSFOORASS: Bt BF A
Charlie Tate Writer - Edna White
THIS CONTRACT IS LEGAL AND BINDING IN THE UNITED STATES OF AMERICA
EXHIBIT B
PARTNERSHIP AGREEMENT
This Partnership Agreement (“Agreement”) is made as of the latter of the signatures dates below between
lead producer TONY WHITE, with its principal office locatedat PO Box 532157, Grand Prairie, TX
75083
(“Executive Producer”) and Charlie Tate with his principal address located at
__ (Executive vestor)
hereby agree to the terms and conditions set forth in thisAgreement. Any and all modifications or
additions to this Contract must be writing and signedby both Parties.
ARTICLE 1
DUTIES AND RESPONSIBILITIES
For, and in consideration of, the promises and mutual covenants contained herein, Tony D. White and
Charlie Tate do hereby agree as follows:
Tony D. White shall comply with the provisions of all applicable federal, state and local laws. Tony
White represents and warrants that the film to be produced hereunder is the writer and or Production
Company's original work and to its knowledge is not infringing on another's copyrights. This Agreement
shall be constructed in accordance with the laws of the Siaic of Texas.
Qumnership:
Charlic Tate thereof, shall own all rights in this Motion Picture, the component parts thereof,
and the copyright for use throughout the world in any and al! media platforms. Tony White shall have
ALL. authority and rights to sell or award any amount of percentage ownership of this said film project to
any third parties.
ARTICLE 2
COMPENSATION
Compensate: Tony White as follows: 1. shall be given the ownership of seventcen percent
17%) of the Hundred Percent (100%) from the Profits of the film “TBA” in any and every format
of distribution, including but not limited to streaming, DVD, television broadcast, domestic
digital, foreign and any other platforms. This project will be pitched to TV networks.
Ovwmership: Charlie Tate thereof, shall own !00% of all rights in this Motion Picture "TBA™ the
component parts thereof, and the copyright for use throughout the world in any and all media
platforms. Tony White shall have ALL authority, proxy and rights to sell or award any
remaining/available amount ot percentage of ownership, of this said film project to any third
parties.
1 ‘TERM OF AGREEMENT: Life of this project
Producer Responsibilitics:
Dan Val ®
production will be
All parties agree that Charlie Tate will give his invest $45k for this said movie
deposited within 24 hours of signing this agreement.
and Draws:
In moving forward this process will be structured layout DOWN PAYMENT
2023
1) First Draw $2500 producers fee down payment deposit on March 27*
2) Second Draw $20K will be due on April 12 2023
3) Third Draw $20K will be due on April 2023
4) Second Draw $2500 will be due on May Ist 2023
ARTICLE 3
MISCELLANEOUS
,
+ To the fullest extent permitted by law, Tony D. White shall defend, indemnify
claims, demands, lawsuits, damages, liabilities, expenses
hold harmless Charlie Tate from any penalties,
{including but nat limited to, reasonable ownerships and disbursements of counsel and court costs).
judgments, settlements and penaitics of every kind that may be made: (a) by anyone for injuries the
(including death) to persons or damage to property (including theft) resulting in whole or in part from
Production Company; (b) by persons furnished by Tony 1D. White or similar acts, (c)
acts or omissions of
regarding the adequacy
by anyone in connection with any filming, including, without fi imitation, Claims
that the Work
of any disclosures, instructions or warnings related to any such filming, and/or claims
Product infringes on an i intellectua l property rights; (d) under any federal laws or under any other statute,
e of Production Company.
at common law or otherwise arising out of or in connection with the performanc
of tion: This Agreement shall be governed by and construed in accordance
that would require
with the laws of the State of Texas without regard to any conflicts of laws principles
of its federal
the application of the laws of any other jurisdiction, and subject to the exclusive jurisdiction
or state courts.
. of this Agreement, which by their nature or terms extend beyond the termination
|: Provisions
or
al, including, without
nonrenewal of this Agrecment, will remain effective after termination or nonrenew
limitation, obligations to indemnify, insure and maintain confidentia lity.
may be amended or
Amendments: Except as otherwise provided herein, no provision of this Agreement
waived unless agreed to in a written signed by the parties.
Severability: Each provision of this A; greement will be considered severable, such that ifany one
be given full effect because
provision or clause cont flicts with existing or future applicable law or may not
of such law, no other provision that can operate without the conflictin g provision or clause will be
affected.
: This Agreement and the exhibits attached to it contain the entire understanding,
‘and supersede all prior agreements and understandings relating to the subject matter
of the Agreement
Wait iver: The failure of a party to enforce the provisions of this Agreement will not be a waiver of any
a .
provi sion or the right of such party thereafter to enforce each and every provision of this Agreement
sive contract. Charlie Tate may pursue and
Now-exclusivity: It is mutually agreed that this is a non-exclu
no obligation to Production Company.
secure other film productions from other sources with
Notices. Any notice or other communicati ion will be deemed to
be properly given only when sent via
certified or registered mail, express mail or other overnigh t deliver y service, or hand delivery.
proper
the first page of this Agreement. Either party
postage or other changes prepaiid and addressed as shown onthereof to the other party hereto.
hereto may change its notice address:3 upon written notice
All other terms and conditions shall be set forth in good faith.
TonyD. WI
Sign
Chartie Tate
03/26/2023
Page
3 of 3
EXHIBIT C
CYCLES
Written by
Edna Janeen White
April 01, 2023
P. O. Box 530323 Grand Prairie, TX 75053
214-900-3210
EXT. LEE’S HOUSE - 6 YEARS EARLIER
This day has to be a Saturday. The neighborhood is still and
bright.
WE move into a back yard of a large, old brick house.
It’a not manicured like some of the other yards we moved
past.
Our attention is directed to a window that overlooks
neighboring houses.
Suddenly the upstairs window goes up.
WE HEAR Indistinctive yelling.
ANGLE UP TO WINDOW
A male FOOT dangles out onto the ledge but is quickly yanked
back in. We can barely make out the TWO PEOPLE scuffling from
the angle we’re at.
CUT TO:
I/E. HOUSE SECOND FLOOR WINDOW - DAY
MARK LEE, could easily take down a team of football players
and his opponent if he wanted to, but for some reason he
tussles intensely to get way from the full-figured,
:
BD ra ae
horrified, CHYNA LEE, 30s, who could double for Queen
Latifah. She will look even more beautiful later in this
story.
It’s obvious she cares for Mark.
She togs and pulls on Mark from behind, to keep him away from
the window.
Mark drags her with him as he extends his leg back out onto
the ledge.
2a
MARK
If you are leaving me, I’m going to
kill myself.
CHYNA
Okay, okay, I won’t, I promise I
won't leave you Mark. Just please
don’t do this.
ON MARK his sweaty face, softens. He’s getting what he wants.
This was actually a ploy.
MARK
Chyna, I can’t live without you--
Chyna breathes heavily. She still hangs onto his waist for
dear life.
CHYNA
You won’t have to. Please . . -stop
this.
Confident. A smirk inches across Mark’s face.
Mark pulls his leg back inside, steps back from the window,
turns, and falls into her chest. SOBS.
Chyna’s holds onto him. She’s been played and she is none the
wiser.
EXT. LEE'S HOUSE -
Preview
FILED 4/8/2024 5:41 PM 3 CIT/ ESERVE FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Fernando Soto DEPUTY DC-24-05204 CAUSE NO. CHARLES TATE, § IN THE DISTRICT COURT Plaintiff, § § 95th VS. JUDICIAL DISTRICT TONY D. WHITE, EDNA J. WHITE, and LIFETIME ENTERTAINMENT SERVICES, LLC., Defendants. § DALLAS COUNTY, TEXAS PLAINTIFF’S ORIGINAL PETITION FOR REVIEW NOW COMES Plaintiff, CHARLES TATE (‘Plaintiff’), suing Defendants, TONY D. WHITE (“Tony White” or “Producer”), EDNA J. WHITE (“Edna White” or “Director’), and LIFETIME ENTERTAINMENT SERVICES, LLC (“Lifetime”), and in support of his Original Petition respectfully shows the Court as follows: NATURE OF THE ACTION 1 On or about March 2023, Tate signed a Writer’s Agreement with Edna J. White to tetain her for script writing and creative production services. Investor subsequently signed a Partnership Agreement with Producer and immediately invested in excess of forty-five thousand dollars ($45,000). In April 2023, Producer and Director signed some type of licensing agreement with Lifetime and are attempting to ignore their obligations to Investor. 2 Defendants were placed on notice by direct party correspondence, and then by counsel via demand letter in January 2024. Defendants breach of contract and tortious interference is ongoing, leading to exponential compensatory damages that may be unrecoverable if Plaintiff is not enabled to retain control of his proprietary content. PLAINTIFF’S ORIGINAL PETITION FOR REVIEW Page 1 of 8 3 In addition to compensatory damages resulting from Defendants’ bad acts, Plaintiff requests injunctive relief in the form of specific performance requiring Defendants to halt production, and immediately turn over control and profits resulting from this breach. This injunction is necessary to crystallize damages and preserve Defendants’ ability to mitigate damages. PARTIES 4. Plaintiff, CHARLES TATE, is a resident of Dallas County, Texas. 5 Defendant EDNA J. WHITE is a resident of Dallas County, Texas, and can be served at her address according to the terms of the Writer’s Agreement at 2376 Calendar Court, Grand Prairie, Dallas County, Texas 75050. 6. Defendant TONY D. WHITE is a resident of Dallas County, Texas, and can be served at his address according to the terms of the agreement at P.O Box 532157, Grand Prairie, Texas 75053. ey Defendant LIFETIME ENTERTAINMENT SERVICES, LLC is a limited liability company with a principal business office in New York and organized under the laws of the State of Delaware. However, Defendant Lifetime avails itself of the jurisdiction of Dallas County, Texas via this ongoing engagement. LIFETIME ENTERTAINMENT SERVICES, LLC can be served through its registered agent: The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware, New Castle County, 19801. DISCOVERY CONTROL PLAN 8 The amount in controversy in this matter is more than fifty thousand and 00/100 Dollars ($50,000) and less than $250,000, excluding costs and interest on past due amounts. PLAINTIFF’S ORIGINAL PETITION FOR REVIEW Page 2 of 8 Therefore, this case shall be governed by the Level I Expedited Action Discovery Control Plan, pursuant to Tex. R. Civ. P. 190.2. JURISDICTION AND VENUE 9 As a direct and/or proximate result of the breach of contract that is the basis of this lawsuit, Plaintiff incurred damages in an amount within the jurisdictional limits of this Court, exclusive of costs and pre-judgment interest. Therefore, jurisdiction in this Court is proper. 10. Venue is proper in Dallas County because it is the county in which all or a substantial part of the events or omissions giving rise to the claim occurred and is the county in which multiple defendants reside at the time the cause of action accrued. Tex. Civ. Prac. & Rem. Code §§ 15.002(a)(1) and (2). Defendants’ acts and/or omissions, individually or collectively, were the direct and/or proximate cause of Plaintiff's damages resulting from Defendants’ actions and omissions as more fully described below. SUMMARY OF RELIEF SOUGHT le Plaintiff seeks monetary relief of Two Hundred Fifty Thousand and 00/100 Dollars ($250,000) or less and non-monetary relief, including damages of any kind, penalties, costs, expenses, pre-judgment interest, and attorney fees. Tex. Civ. P. 47(c)(3). STATEMENT OF FACTS 12. On or about 1982, Plaintiff met Defendants Edna J. White and Tony D. White and are lifelong friends. On or about March 18, 2023, Plaintiff created the proprietary content related to a film concept called “Cycles.” 13¢ On or about March 20, 2023, Plaintiff signed a Writer’s Agreement with Edna J. White to retain her for script writing and creative production services. See March 2023 Writer’s Agreement, attached as Exhibit 1. In exchange, Plaintiffagreed to pay Edna J. White five thousand PLAINTIFF’S ORIGINAL PETITION FOR REVIEW Page 3 of 8 dollars ($5,000) and warrant three percent (3%) of net proceeds when Plaintiff eventually marketed Cycles. 14. On or about March 26, 2023, Plaintiff signed a Partnership Agreement with Tony D. White and immediately invested in excess of forty-five thousand dollars ($45,000). See Partnership Agreement, attached as Exhibit 2. In exchange, Plaintiff agreed to pay Tony D. White seventeen percent (17%) of net proceeds when Plaintiff eventually marketed Cycles. 15. On or about April 2023, Producer and Director disclosed their relationship with Lifetime to Plaintiff and proffered that they should engage directly on behalf of all parties. Instead, based on information and belief, Producer and Director signed some type of licensing agreement with Lifetime and are now attempting to ignore their obligations to Investor. 16. On or about May 2023, the parties filmed “Cycles.” 17. On or about June 2023, the partied edited “Cycles.” 18. On or about August 2023, Defendants Edna White and Tony White began direct conversations with Lifetime utilizing an uncompleted edit of Cycles without Plaintiff's permission, notification, or consent. Defendants Edna White and Tony White’s marketing of the incomplete and lower-value version of Cycles is likely to have cost Plaintiff further marketing efforts of Cycles. 19. On or about September 2023, Defendants Edna White and Tony White uploaded, or allowed various parties to upload, an IMDG listing and trailer of Cycles. Defendants Edna White and Tony White’s marketing of the incomplete and lower-value version of Cycles is likely to have cost Plaintiff further marketing efforts of Cycles. PLAINTIFF’S ORIGINAL PETITION FOR REVIEW Page 4 of 8 20. Plaintiff attempted to contact Defendants to clarify their marketing, licensing, and possible production of Cycles on or about January 2024. See January 2024 Cease and Desist, attached as Exhibit 3. 21. Defendants have refused to respond to Plaintiff's numerous inquiries, and Defendants actions have inhibited Plaintiff's ability to successfully market Cycles. COUNT I: BREACH OF WRITER’S AGREEMENT CONTRACT (against Defendant Edna J. White) 22. Plaintiff reincorporates and realleges paragraphs 1-21 as if fully set forth herein. 23. On or about March 20, 2023, Plaintiff signed a Writer’s Agreement with Defendant Edna J. White, for script writing and creative production services, whereby Defendant Edna J. White would receive a five-thousand-dollar ($5,000) payment in addition to three percent (3%) of net profits. See March 2023 Writer’s Agreement, attached as Exhibit 1. 24. Plaintiff fully performed his obligations pursuant to the contract. 25. Defendant Edna J. White failed to adhere to her obligations under the Writer’s Agreement. 26. As a result, Plaintiff has incurred significant, ongoing, and increasing damages, including attorney’s fees and costs. COUNT II: BREACH OF PARTNERSHIP AGREEMENT CONTRACT (against Defendant Tony D. White) 27. Plaintiff reincorporates and realleges paragraphs 1-21 as if fully set forth herein. 28. On or about March 26, 2023, Plaintiff signed a Partnership Agreement with Defendant Tony D. White, whereby Defendant Tony D. White would receive seventeen percent (17%) of net profits in exchange for Plaintiff providing a capital infusion investment of forty-five thousand dollars ($45,000). See March 2023 Partnership Agreement, attached as Exhibit 2. PLAINTIFF’S ORIGINAL PETITION FOR REVIEW Page 5 of 8 29. Plaintiff fully performed his obligations pursuant to the contract. 30. Defendant Tony D. White breached contract by refusing to disclose that he signed a subsequent engagement with Lifetime without disclosing the same to Plaintiff. 31. Defendant Tony D. White’s lack of disclosure impeded Plaintiffs ability to ultimately determine the creative direction of the production, or even crystallize damages without prompt disclosure from Defendant Tony D. White. 32. As a result, Plaintiff has incurred significant, ongoing, and increasing damages, including attorney’s fees and costs in an attempt to collect these due and owing funds. COUNT III: TORTIOUS INTERFERENCE (against Defendant Lifetime) 33. Plaintiff reincorporates and realleges paragraphs 1-21 as if fully set forth herein. 34. Defendant Lifetime tortiously interfered with the Writer’s Agreement and Partnership Agreement signed by the Parties. 35. Defendant Lifetime had full knowledge of the contracts previously signed by Plaintiff and Defendants White and is fully aware that Plaintiff is the true owner of “Cycles.” 36. In contravention of this knowledge, Defendant Lifetime is ignoring those contractual obligations in an effort to control the proprietary direction of “Cycles” and to maximize profit by excluding a true owner. 37. Plaintiff fully performed his obligations pursuant to the contract. 38. As a result, Plaintiff has incurred significant, ongoing, and increasing damages, including attorney’s fees and costs in an attempt to collect these due and owing funds. CONDITIONS PRECEDENT 39. All conditions precedent have been performed or have occurred. COUNT IV: DECLARATORY JUDGMENT (against all Defendants) PLAINTIFF’S ORIGINAL PETITION FOR REVIEW Page 6 of 8 40. Plaintiff reincorporates and realleges paragraphs 1-21 as if fully set forth herein. 41. Plaintiff requests declaratory relief under the Uniform Declaratory Judgment Act, Tex. Civ. Prac. & Rem. Code § 37.001 et al. 42. As demonstrated by the allegations contained herein, an actual controversy or dispute exists between Plaintiff and Defendants as to the contracts herein. 43. All persons who have or claim any interests that would be affected by the declaratory relief requested herein have been made parties. 44. Plaintiff fully performed his obligations pursuant to the Writer’s Agreement and Partnership Agreement. 45. Monetary relief may be inadequate as Defendants proprietary control of “Cycles’ > is likely to reduce its ultimate value as intended by Plaintiff. 46. Plaintiff requests this Court issue a declaratory judgment demonstrating his majority ownership and proprietary control over the marketing and publishing of “Cycles.” 47. Plaintiff requests this Court direct Defendants to honor all their obligations to Plaintiff pursuant to the signed contracts. 48. As a result, Plaintiff has incurred significant, ongoing, and increasing damages, including attorney’s fees pursuant to Tex. Civ. Prac. & Rem. Code § 37.009 and costs in an attempt to collect these due and owing funds. JURY DEMAND 49, Pursuant to Rule 216 of the Texas Rules of Civil Procedure, Plaintiff requests a jury trial and has tendered, or will tender, the requisite fee. PLAINTIFF’S ORIGINAL PETITION FOR REVIEW Page 7 of 8 PRAYER FOR RELIEF WHEREFORE, Plaintiff CHARLES TATE, prays the Court cite Defendants TONY D. WHITE, EDNA J. WHITE, and LIFETIME ENTERTAINMENT SERVICES, LLC., to appear and answer, and that on final hearing or trial, Plaintiff be awarded judgment against Defendants in an amount in excess of fifty thousand dollars ($50,000), plus prejudgment interest, enter an order declaring his ownership and creative control, along with requiring Defendants to honor all their obligations to Plaintiff pursuant to the signed contracts. Date: April 8, 2024 Respectfully Submitted, Cole Sadkin, LLC Mason S. Cole 1652 West Belmont Avenue, Suite 1 Chicago, IL 60657 (312) 548-8610 colesadkin.com meole@colesadkin.com Firm No. 49001 Lead Counsel for Plaintiff! Shields Legal Group, P.C. A Professional Corporation /s/ Bayley Clark Bayley Clark State Bar No. 24138252 Victor D. John State Bar No. 24120119 16400 Dallas Parkway, Suite 300 Dallas, TX 75248 shieldslegal.com (469) 726-3073 belark@shieldslegal.com john@shieldslegal.com Local Counsel for Plaintiff ' Awaiting approval and appointment into Texas via pro hac vice as of the date of this filing. PLAINTIFF’S ORIGINAL PETITION FOR REVIEW Page 8 of 8 EXHIBIT 1 DocuSign Envelope ID: 540009E 1-A2B4-4207-B677-52D7FD9DF204 Legal/2186 4 Writers Agreement THIS SERVICE AGREEMENT is made this 20" day of March, 2023 by and between the following individuals: Charlie Tate Address: 107A City/State/ZIP: Edna J. White Address: 2376 Calendar Court City/State/ZIP: Grand Prairie, TX 75050 _ 1 TERMS OF AGREEMENT: The parties listed above hereby agree that they are considered in business for the following purpose: Charlie Tate agrees to pay Edna White for the role of writing script draft service for upcoming feature film the sum of $5,000 with a down payment to start service of $2500 and then the remaining balance on delivery of the finalized script. Additional 3% percentage of all overall net profit from this project. It is understood by both parties that no other compensation will be sought out after said payments is rendered. 2. Service start Dates: on March 25" Delivery date: on or before April 25th 3. Term/Termination: The terms of this Agreement shall only be for service dates, unless the parties mutually agree in writing to a longer or shorter period.. 4. Disputes: This Agreement shall be governed by the laws of the State of Virginia. Any disputes arising between both parties as a result of this Agreement shall be settled by arbitration in accordance with the rules of the American Arbitration Association and judgment upon the award rendered may be entered in any court having jurisdiction thereof. 5. Withdrawal/Death In the event either party withdraws or retires from the agreement for any reason, including death, the remaining parties shall not be liable. A withdrawing party shall be obligated to give TEN (10) days’ prior written notice of his/her intention to withdraw. IN WITNESS WHEREOF, the partners have duly executed this Agreement on the day and year set forth eremmbove. DocuSigned by: Charkie Tate Vn. Edina White ra TDOROFSORS: Bt Br ar Charlie Tate Writer - Edna White THIS CONTRACT IS LEGAL AND BINDING IN THE UNITED STATES OF AMERICA EXHIBIT 2 PARTNERSHIP AGREEMENT This Partnership Apreement (“Agreement”) is made as of the latter of the signatures dates below between lead producer TONY WHITE, with its principal office located al PO Box 532157, Grand Prairie, TX 75083 (“fxecutive Producer”) and Charlie Tate with his principal address located at _ (Executive producer/Investor) hereby agree to the terms and conditions set forthin this Agreement. Any and all modificationsor additions to this Contract must be writing and signed by both Parties. ARTICLE 1 DUTIES AND RESPONSIBILITIES For, and in consideration of, the promises and mutual covenants contained herein, Tony D. White and Charlie Tate do hereby apree as follows: Tony D, White shall comply with the provisions of ali applicable federal, state and local laws. Tony White represents and warrants that the film to be produced hercunder is the writer and or Production Compuny’s original work and to its knowledge is not infringing on another's cnpyrights. This Agreement shall be constructed in accordance with the laws of the Sude of Texas. Qyenership: Charlie Tate thereof, shall own all rights in this Motion Picture, the component parts thereof, and the copyright for use throughout the world in any and all media platforms. Tony White shall have ALL authorily and rights to sell or award any amount of percemage ownership of this said film project ta any third parties, ARTICLE 2 COMPENSATION Compensate: Tony White as follows: 1. shall be given the ownership of seventeen percent 17%) of the Hundred Percent (100%) from the Profits of the film “TBA” in any and every format of distribution, including but not limited to streaming, DVD, television broadcast, domestic digital, foreign and any other platforms. This project will be pitched to TV networks. Gumership: Charlie Tate thereof, shail own !00% of all nahts in this Motion Picture “TBA” the component parts thereof, and the copyright for use throughout the world in any and all media platforms. Tony White shall have ALL authority, proxy and rights to sell or award any remaining/available amount of percentage af ownership, of this said film project to any third parties. 1 TERM OF AGREEMENT: Lile of this project Producer Kesponsthilitics: ata es on will be All panties agree that Charlie Tate will give his invest $45k for this said movie producti deposited within 24 hours of signing this agreement. Draws: In moving forward this process will be structured layout DOWN PAYMENT and 1) First Draw $2500 producers fee down payment deposit on March 27 2023 2) Second Draw $20K will be dee on April 12 2023 3) Third Draw $20K will be due on April 2023 4) Second Draw $2500 will be due on May Ist 2023 ARTICLE 3 MISCELLANEOUS nil jon: To the fullest extent permitted by law, Tony D. White shall defend, indemnify, aid , expenses hold harmless Charlie Tate from any penalties, claims, demands, lawsuits, damages, liabilities of counsel and court costs), {including but not limited to, reasonable ownerships and disbursements judgments, settlements and penalties of every kind that may be made: (a) by anyone for injuries whole or in part from the (including death) to persons or damage to property (including theft) resulting in by Tony 19. White or similar acts; (¢) acts or omissions of Production Company; (b) by persons furnished ‘by anyone in conection with any filming, including, without limitation , Claims regarding the adequacy of any disclosures, insttuctions or warnings related to any such filming, and/or claims that the Work y (d) under any federal laws or under any other staiule, Product infringes on an intellectual propert rights; at common law or otherwise arising out of or in connectio n wi ith the perfarman ce of Production Company. Chaice of and. fiction: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without regard to any con! Mlicts of laws principles that would require of ils federal the upplication of the laws of any other jurisdiction, and subject to the exclusive jurisdiction or state courts, ‘ond the terminalion or Survival: Provisions of this Agreement, which by their nature or terms extend bey: terminati on or nonrencwa l, including, without nonrenewal of this Agrecmem, will remain effective after limitation, obligations tv indemmily, insure and maintain coniident ialily. nt may be amended or Amendments: Except as otherwise provided herein, no prirvision of this Agreeme waived unless agreed to in a writien signed by the parties. severable, such that if any one Severability: + Fach provision of this Agreement will be considered provision or clause confi icts with existing or future applicable law or may not he given full effect becuuse of such law, no ciher pr cv: ision that can operate without the conilicting provision or clause will be affected. has mt: This Agreement and the exhibits attached to it contain the entire understanding, the subject matter between the parties and supersede all prior agreements and understandings relating to cof the Agreement be a waiver of any Waiver: The failure of 2 party to enforce the provisions of this Agreement will not t. Provision or the righl of such party thereafter to enforce each and every provision of this Agreemen Tate may pursue and Noy-exelastv ily: It is mutually agreed that this is a nonexclusive contract, Chartie Company. secure other film productions from other sources with no obligation to Production y given only when sent via Notices, Any notice or other communication will be deemed to be properl certified or registered mail, express mail or other overnight delivery service, or hand delivery. proper first page of this Agreeme nt. Either party postage or other charges prepaid and addressed as shown on the party hereto. hereta may change its notice address upon written notice thereof ta the other All other terms and conditions shall -be set forth in good faith. Tony 1D. Whi Sign Charlie Tate eo/26/2023 Page $of3 EXHIBIT 3 January 17, 2024 Via Certified Mail SENTIENT LAW, LTD LIFETIME ENTERTAINMENT SERVICES, LLC ATTORNEYS AT Lav— 28 LIBERTY ST., NEW YORK, NEW YORK 10005 ec. TONY D. WHITE AND EDNA J. WHITE P.O. BOX 532157 GRAND PRAIRIE, TEXAS 75053 RE: CEASE AND DESIST AND DEMAND FOR PAYMENT Dear Lifetime Entertainment Services, LLC: I hope this letter finds you well. Our firm represents Charlie Tate, Jr., the owner and interest holder in “Cycles”. Please accept this letter as my client’s formal demand to cease and desist all public airing, marketing, and promoting such work whether in substance, or character and likeness, until payment is rendered. According to my client’s records, the “Cycles” script was purchased under a certain Writer’s Agreement, from Edna J. White dated March 20, 2023, for script writing and the creative production services, whereby Ms. White would receive a $5,000.00 payment to start, in addition to three percent (3%) net profit from the project. See Exhibit A. On March 26, 2023, Tony D. White signed a certain Partnership Agreement with my client entitling Mr. White to “seventeen percent (17%) of profits of the film “TBA” from every fit and format, in exchange for my client’s investment of forty-five-thousand dollars ($45,000) paid over the course of four (4) installments beginning March 27, 2023 and ending May 1, 2023. See Exhibit B. The script was subsequently produced and date stamped in draft form April 1, 2023. See Exhibit C. Throughout, my client has maintained his payment obligations pursuant to their respective Agreements. However, it has come to our attention the work product “Cycles”, pursuant to Mr. White’s efforts as producer and Edna J. White’s role as director, has been granted a licensing deal with Lifetime Television, without authorization, reward, or remuneration received by my client. These actions infringe upon and damage my client's intellectual property right and right to publicity, for which he is the exclusive holder. This is in clear violation of the terms to Mr. White is bound in the Partnership Agreement, requiring immediate remedial action for redress. My client is entitled to a detailed accounting of the production profits and losses and the cumulative eighty-percent (80%) of profits to which he is owed. SENTIENT LAW, LTDS Sarrorseys aT Law— Under Article 1 of the Partnership Agreement, and as the financier for this production, my client is the exclusive license holder of this work. To exploit this work in breach of the Partnership Agreement is fraudulent misrepresentation. Tony D. White has been informed of his breach of the Partnership Agreement and has decided to perpetuate this fraud by involving Lifetime Entertainment Services, LLC. My firm recognizes Lifetime Entertainment Services, LLC may not be aware of Mr. White’s actions to this point in time, however, this should serve as notice that your company is now in possession of my client’s property and funds in furtherance of this fraud. I will remind the above-named parties, my client has claims not limited to breach of contract, unjust enrichment, conversion, tortious interference, false pretenses, fraudulent inducement, and fraudulent misrepresentation, which, if you choose to litigate, allow for punitive damages in civil court. Furthermore, we will seek injunctive relief ceasing all production and distribution through Lifetime/A&E Television Network or any other providers until this dispute is resolved. At this point, my client is merely asking for compensatory damages, or in the alternative, a prompt and amicable negotiation to facilitate the previously agreed profits payments. To seek a resolution, and prevent further legal action by our litigation attorneys, kindly reach out to me at the contact information below in the next 48 hours, I will facilitate the payment arrangements. Very Respectfully, LK SEAN P. LANAGAN Attorney at Law Partner (512) 553-5807 (Direct) (512) 843-7266 (Austin) (312) 650-9087 (Chicago) (512) 843-7596 E sean@sentientlaw.com Ww www.sentientlaw.com EXHIBIT A DocuSign Envelope ID: 540009E 1-A2B4-4207-B677-52D7FD9DF204 Legal/2186 4 Writers Agreement THIS SERVICE AGREEMENT is made this 20" day of March, 2023 by and between the following individuals: Charlie Tate Address: 107A City/State/ZIP: Edna J. White Address: 2376 Calendar Court City/State/ZIP: Grand Prairie, TX 75050 _ __ __ __ 1 TERMS OF AGREEMENT: The parties listed above hereby agree that they are considered in business for the following purpose: Charlie Tate agrees to pay Edna White for the role of writing script draft service for upcoming feature film the sum of $5,000 with a down payment to start service of $2500 and then the remaining balance on delivery of the finalized script. Additional 3% percentage of all overall net profit from this project. It is understood by both parties that no other compensation will be sought out after said payments is rendered. 2. Service start Dates: on March 25" Delivery date: on or before April 25th 3. Term/Termination: The terms of this Agreement shall only be for service dates, unless the parties mutually agree in writing to a longer or shorter period.. 4. Disputes: This Agreement shall be governed by the laws of the State of Virginia. Any disputes arising between both parties as a result of this Agreement shall be settled by arbitration in accordance with the rules of the American Arbitration Association and judgment upon the award rendered may be entered in any court having jurisdiction thereof. 5. Withdrawal/Death In the event either party withdraws or retires from the agreement for any reason, including death, the remaining parties shall not be liable. A withdrawing party shall be obligated to give TEN (10) days’ prior written notice of his/her intention to withdraw. IN WITNESS WHEREOF, the partners have duly executed this Agreement on the day and year set forth eveitabive. DocuSigned by: Charlie Tate Jr. Edu White ASH 1DOFSFOORASS: Bt BF A Charlie Tate Writer - Edna White THIS CONTRACT IS LEGAL AND BINDING IN THE UNITED STATES OF AMERICA EXHIBIT B PARTNERSHIP AGREEMENT This Partnership Agreement (“Agreement”) is made as of the latter of the signatures dates below between lead producer TONY WHITE, with its principal office locatedat PO Box 532157, Grand Prairie, TX 75083 (“Executive Producer”) and Charlie Tate with his principal address located at __ (Executive vestor) hereby agree to the terms and conditions set forth in thisAgreement. Any and all modifications or additions to this Contract must be writing and signedby both Parties. ARTICLE 1 DUTIES AND RESPONSIBILITIES For, and in consideration of, the promises and mutual covenants contained herein, Tony D. White and Charlie Tate do hereby agree as follows: Tony D. White shall comply with the provisions of all applicable federal, state and local laws. Tony White represents and warrants that the film to be produced hereunder is the writer and or Production Company's original work and to its knowledge is not infringing on another's copyrights. This Agreement shall be constructed in accordance with the laws of the Siaic of Texas. Qumnership: Charlic Tate thereof, shall own all rights in this Motion Picture, the component parts thereof, and the copyright for use throughout the world in any and al! media platforms. Tony White shall have ALL. authority and rights to sell or award any amount of percentage ownership of this said film project to any third parties. ARTICLE 2 COMPENSATION Compensate: Tony White as follows: 1. shall be given the ownership of seventcen percent 17%) of the Hundred Percent (100%) from the Profits of the film “TBA” in any and every format of distribution, including but not limited to streaming, DVD, television broadcast, domestic digital, foreign and any other platforms. This project will be pitched to TV networks. Ovwmership: Charlie Tate thereof, shall own !00% of all rights in this Motion Picture "TBA™ the component parts thereof, and the copyright for use throughout the world in any and all media platforms. Tony White shall have ALL authority, proxy and rights to sell or award any remaining/available amount ot percentage of ownership, of this said film project to any third parties. 1 ‘TERM OF AGREEMENT: Life of this project Producer Responsibilitics: Dan Val ® production will be All parties agree that Charlie Tate will give his invest $45k for this said movie deposited within 24 hours of signing this agreement. and Draws: In moving forward this process will be structured layout DOWN PAYMENT 2023 1) First Draw $2500 producers fee down payment deposit on March 27* 2) Second Draw $20K will be due on April 12 2023 3) Third Draw $20K will be due on April 2023 4) Second Draw $2500 will be due on May Ist 2023 ARTICLE 3 MISCELLANEOUS , + To the fullest extent permitted by law, Tony D. White shall defend, indemnify claims, demands, lawsuits, damages, liabilities, expenses hold harmless Charlie Tate from any penalties, {including but nat limited to, reasonable ownerships and disbursements of counsel and court costs). judgments, settlements and penaitics of every kind that may be made: (a) by anyone for injuries the (including death) to persons or damage to property (including theft) resulting in whole or in part from Production Company; (b) by persons furnished by Tony 1D. White or similar acts, (c) acts or omissions of regarding the adequacy by anyone in connection with any filming, including, without fi imitation, Claims that the Work of any disclosures, instructions or warnings related to any such filming, and/or claims Product infringes on an i intellectua l property rights; (d) under any federal laws or under any other statute, e of Production Company. at common law or otherwise arising out of or in connection with the performanc of tion: This Agreement shall be governed by and construed in accordance that would require with the laws of the State of Texas without regard to any conflicts of laws principles of its federal the application of the laws of any other jurisdiction, and subject to the exclusive jurisdiction or state courts. . of this Agreement, which by their nature or terms extend beyond the termination |: Provisions or al, including, without nonrenewal of this Agrecment, will remain effective after termination or nonrenew limitation, obligations to indemnify, insure and maintain confidentia lity. may be amended or Amendments: Except as otherwise provided herein, no provision of this Agreement waived unless agreed to in a written signed by the parties. Severability: Each provision of this A; greement will be considered severable, such that ifany one be given full effect because provision or clause cont flicts with existing or future applicable law or may not of such law, no other provision that can operate without the conflictin g provision or clause will be affected. : This Agreement and the exhibits attached to it contain the entire understanding, ‘and supersede all prior agreements and understandings relating to the subject matter of the Agreement Wait iver: The failure of a party to enforce the provisions of this Agreement will not be a waiver of any a . provi sion or the right of such party thereafter to enforce each and every provision of this Agreement sive contract. Charlie Tate may pursue and Now-exclusivity: It is mutually agreed that this is a non-exclu no obligation to Production Company. secure other film productions from other sources with Notices. Any notice or other communicati ion will be deemed to be properly given only when sent via certified or registered mail, express mail or other overnigh t deliver y service, or hand delivery. proper the first page of this Agreement. Either party postage or other changes prepaiid and addressed as shown onthereof to the other party hereto. hereto may change its notice address:3 upon written notice All other terms and conditions shall be set forth in good faith. TonyD. WI Sign Chartie Tate 03/26/2023 Page 3 of 3 EXHIBIT C CYCLES Written by Edna Janeen White April 01, 2023 P. O. Box 530323 Grand Prairie, TX 75053 214-900-3210 EXT. LEE’S HOUSE - 6 YEARS EARLIER This day has to be a Saturday. The neighborhood is still and bright. WE move into a back yard of a large, old brick house. It’a not manicured like some of the other yards we moved past. Our attention is directed to a window that overlooks neighboring houses. Suddenly the upstairs window goes up. WE HEAR Indistinctive yelling. ANGLE UP TO WINDOW A male FOOT dangles out onto the ledge but is quickly yanked back in. We can barely make out the TWO PEOPLE scuffling from the angle we’re at. CUT TO: I/E. HOUSE SECOND FLOOR WINDOW - DAY MARK LEE, could easily take down a team of football players and his opponent if he wanted to, but for some reason he tussles intensely to get way from the full-figured, : BD ra ae horrified, CHYNA LEE, 30s, who could double for Queen Latifah. She will look even more beautiful later in this story. It’s obvious she cares for Mark. She togs and pulls on Mark from behind, to keep him away from the window. Mark drags her with him as he extends his leg back out onto the ledge. 2a MARK If you are leaving me, I’m going to kill myself. CHYNA Okay, okay, I won’t, I promise I won't leave you Mark. Just please don’t do this. ON MARK his sweaty face, softens. He’s getting what he wants. This was actually a ploy. MARK Chyna, I can’t live without you-- Chyna breathes heavily. She still hangs onto his waist for dear life. CHYNA You won’t have to. Please . . -stop this. Confident. A smirk inches across Mark’s face. Mark pulls his leg back inside, steps back from the window, turns, and falls into her chest. SOBS. Chyna’s holds onto him. She’s been played and she is none the wiser. EXT. LEE'S HOUSE -