Preview
FILED
4/15/2024 12:00 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Nicole Burroughs DEPUTY
CAUSE NO. DC-23-05938
REBEL ATHLETIC INC., IN THE DISTRICT COURT
§§§§§§§§§§
Plaintiff
V. 298m JUDICIAL DISTRICT
CHEER SOURCES, LLC, et al.,
Defendants.
DALLAS COUNTY, TEXAS
REBEL ATHLETIC INC.’S MOTION TO
CONTINUE TRIAL
Plaintiff, Rebel Athletic, Inc., files Motion to Continue Trial and in support thereof
respectfully show as follows:
Rebel Athletic seeks a continuance of the trial date in this case for three reasons: (1)
Rebele’s Motion to Compel and for Sanctions has been on file since December 1, 2023 and
not ruled upon; (2) Defendants have not responded to any of the written discovery requests
that were served on June 14, 2023 and August 1, 2023; (3) Rebel scheduled the Motion to
Compel for the first available hearing date, which was March 19, 2024; (4) the Court
cancelled the hearing set for March 19, 2024; and (5) the Court has not ruled on the Motion
to Compel or reset the hearing.
Rebel has been seeking the discovery necessary to prosecute its case since September
2023. And Rebel has been actively seeking responses to written discovery through this
litigation for four and a half months (since December 1, 2023). It would be an abuse of
discretion to permit this case to proceed to trial when Rebel has not received the discovery to
which it is entitled, and Rebel has been diligent in seeking the discovery and pursuing the
motion to compel.
A. Rebel’s Motion to Compel Written Discovery from Defendants Has Not Been
Decided.
Rebel has not received responses to written discovery, which it needs to litigate the
case. Rebel served Interrogatories upon Defendants on June l4, 2023 and Requests for
Production of Documents on August l, 2023. See Declaration of Jessica Brown at Exhibit A.
After multiple attempts to confer with Defendants, and Defendants still refusing to respond
to discovery, Rebel was forced to file a motion to compel on December 1, 2023. Id. The first
available date the Court could hear Rebel’s motion to compel was March 19, 2024, and Rebel
scheduled the motion to compel for that date and provided notice to Defendants. Id.
Days before the March 19m hearing on Rebel’s Motion to Compel, Defendants filed a
one-page “response” to the motion to compel that was nothing more than a statement by
counsel (no evidence attached or legal authority cited) that Defendants planned to file
bankruptcy on April 4, 2024. Id. There was no evidence, argument, or legal authority attached
to the one-page document. Id. And despite Defendants stating to the Court they would file
bankruptcy on April 4, 2024, it appears they have not filed bankruptcy, as there has been
notice to the parties or the Court of any such filing or stay. Id. Rebel filed a motion to compel
discovery, and that motion has not yet been heard. Rebel would be severely prejudiced by
being forced to trial in this case when Defendants have refused to comply with written
discovery. See Declaration of Jessica Brown at Exhibit A.
Rebel requests that the Court continue the trial date of April 15, 2024, reset Rebel’s
Motion to Compel for hearing, and set this case for non-jury trial after Defendants have
complied with the Court’s order with respect to the Motion to Compel Written Discovery.
Rebel’s Motion to Compel Written Discovery has been pending since December 1,
2023. The first date Rebel was able to have this motion heard from March 19, 2024. The
Court canceled that hearing on March 19, 2024. The Court has not ruled on the Motion to
Compel or reset the hearing.
Given that Rebel has served written discovery Within the time allowed, and pursued
its right to such discovery, it would be an abuse of discretion to permit this case to go to trial
without permitting Rebel to obtain answers to its written discovery requests as is permitted
by the Texas Rules of Civil Procedure. See Ford Motor Co. v. Castillo, 279 S.W.3d 656, 667
(Tex. 1996) (“The trial court committed harmful error by denying Ford the opportunity to
conduct discovery on Castillo's claim for breach. . ..”).
III.
This response is not made solely for purposes of delay but rather that justice may be
done. Rebel Athletic respectfully requests that trial in this case be continued from its present
setting, that the Court reset and/or rule on the pending motion to compel and respectfully
request any such other and further relief to which it may be justly entitled.
Respectfully submitted,
KJ PARTNERS, LLP
/s/ Jessica Renee Brown
Jessica Renee Brown (No. 24048975)
4849 Greenville Avenue
Ste 100-170
Dallas, TX 75206
(469) 586. 6861
Jessica@KJPartners.law
Attorney for Plaintifl
CERTIFICATE 0F SERVICE
I certify that I caused a copy of the foregoing document to be served on April 14,
2024 Via e-filing at the following address:
Brian Berger (No. 24089985)
Michael Johnson
21 10 W. Slaughter Lane
Ste 107-679
Austin, TX 78748
737-301-8400
brian.berger@kaygriffin.corn
miohnson@kaygriffin.com
Attorney for Defendants
/s/ Jessica R. Brown
Jessica Renee Brown
CAUSE NO. DC-23-05 938
§§§§§§§§§§§§§
REBEL ATHLETIC INC, IN THE DISTRICT COURT
Plaintiff
V.
CHEERSOURCE, LLC; 298th IUDICM DISTRICT
CHEERSOURCE EVENTS,
LLC; RYAN MAAG,
individually; and ANDY
COSFERENT, individually,
Defendants. DALLAS COUNTY, TEXAS
DECLARATION OF JESSICA RENEE BROWN
I, Jessica Renee Brown, declare the following under penalty of pteury:
1. I am counsel for Rebel Athletic Inc. (“Rebel”).
2. I have personal knowledge of the facts set forth in this declaration.
3. On May 5, 2023, Plaintiff filed its Verified Original Petition.
4. On June 14, 2023 Rebel served Interrogatories upon Defendants.
5. Defendants did not serve any responses whatsoever to the Interrogatories.
6. On August 1, 2023 Rebel served Defendants with Requests for Production.
7. Defendants did not serve any responses to the Requests for Production whatsoever.
8. On December l, 2024, Rebel filed a motion to compel, seeking the written
discovery it is entitled to receive from Defendants.
9. The first date the Court had available for the hearing on the motion to compel was
March 19, 2024 (over 90 days after the motion was filed).
10. Rebel served Defendants with notice of the motion to compel hearing.
I I. Days before the motion to compel hearing, Defendants filed a one-page “response”
that contained no legal response, argument, authority or evidence. Instead, it was a statement from
Defendants’ counsel stating that Defendants would file for bankruptcy on April 4, 2024.
12. The one-page statement was vague as to which Defendants would file for
bankruptcy.
13. Defendants were prepared to argue the motion to compel on March 19, 2024. The
court cancelled the hearing.
I4. To date, the Court has not ruled on Rebel’s motion to compel, and the motion to
compel hearing has not been reset for hearing.
I5. As of April 14, 2024, none of the Defendants have filed for bankruptcy.
I 6. Rebel requires the written discovery it has sought to prosecute its case. And despite
the discovery being due 10 months ago, Rebel still have no received any of the written discovery
responses from Defendants.
17. I declare under penalty of perjury that the foregoing is true and correct to the best
of my knowledge and belief.
Executed this 14th day of April, 2024 in Dallas, Texas.
Jessica Renee Brown
DECLARATION OF JESSICA RENEE BROWN 2
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.
Envelope ID: 86636485
Filing Code Description: Motion - Continuance
Filing Description: REBEL ATHLETIC |NC.’S MOTION TO CONTINUE
TRIAL
Status as of 4/15/2024 8:52 AM CST
Associated Case Party: REBEL ATHLETIC INC
Name BarNumber Email TimestampSubmitted Status
Jessica Brown Wilson jessica@kjpartners.law 4/14/2024 10:45:50 PM SENT
Associated Case Party: CHEERSOURCE, LLC
Name BarNumber Email TimestampSubmitted Status
Brian Berger Brian.Berger@kaygriffin.com 4/14/2024 10:45:50 PM SENT
Michael Johnson mjohnson@kaygriffin.com 4/14/2024 10:45:50 PM SENT
Ruthie Walker malker@kaygriffin.com 4/14/2024 10:45:50 PM SENT
Preview
FILED 4/15/2024 12:00 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Nicole Burroughs DEPUTY CAUSE NO. DC-23-05938 REBEL ATHLETIC INC., IN THE DISTRICT COURT §§§§§§§§§§ Plaintiff V. 298m JUDICIAL DISTRICT CHEER SOURCES, LLC, et al., Defendants. DALLAS COUNTY, TEXAS REBEL ATHLETIC INC.’S MOTION TO CONTINUE TRIAL Plaintiff, Rebel Athletic, Inc., files Motion to Continue Trial and in support thereof respectfully show as follows: Rebel Athletic seeks a continuance of the trial date in this case for three reasons: (1) Rebele’s Motion to Compel and for Sanctions has been on file since December 1, 2023 and not ruled upon; (2) Defendants have not responded to any of the written discovery requests that were served on June 14, 2023 and August 1, 2023; (3) Rebel scheduled the Motion to Compel for the first available hearing date, which was March 19, 2024; (4) the Court cancelled the hearing set for March 19, 2024; and (5) the Court has not ruled on the Motion to Compel or reset the hearing. Rebel has been seeking the discovery necessary to prosecute its case since September 2023. And Rebel has been actively seeking responses to written discovery through this litigation for four and a half months (since December 1, 2023). It would be an abuse of discretion to permit this case to proceed to trial when Rebel has not received the discovery to which it is entitled, and Rebel has been diligent in seeking the discovery and pursuing the motion to compel. A. Rebel’s Motion to Compel Written Discovery from Defendants Has Not Been Decided. Rebel has not received responses to written discovery, which it needs to litigate the case. Rebel served Interrogatories upon Defendants on June l4, 2023 and Requests for Production of Documents on August l, 2023. See Declaration of Jessica Brown at Exhibit A. After multiple attempts to confer with Defendants, and Defendants still refusing to respond to discovery, Rebel was forced to file a motion to compel on December 1, 2023. Id. The first available date the Court could hear Rebel’s motion to compel was March 19, 2024, and Rebel scheduled the motion to compel for that date and provided notice to Defendants. Id. Days before the March 19m hearing on Rebel’s Motion to Compel, Defendants filed a one-page “response” to the motion to compel that was nothing more than a statement by counsel (no evidence attached or legal authority cited) that Defendants planned to file bankruptcy on April 4, 2024. Id. There was no evidence, argument, or legal authority attached to the one-page document. Id. And despite Defendants stating to the Court they would file bankruptcy on April 4, 2024, it appears they have not filed bankruptcy, as there has been notice to the parties or the Court of any such filing or stay. Id. Rebel filed a motion to compel discovery, and that motion has not yet been heard. Rebel would be severely prejudiced by being forced to trial in this case when Defendants have refused to comply with written discovery. See Declaration of Jessica Brown at Exhibit A. Rebel requests that the Court continue the trial date of April 15, 2024, reset Rebel’s Motion to Compel for hearing, and set this case for non-jury trial after Defendants have complied with the Court’s order with respect to the Motion to Compel Written Discovery. Rebel’s Motion to Compel Written Discovery has been pending since December 1, 2023. The first date Rebel was able to have this motion heard from March 19, 2024. The Court canceled that hearing on March 19, 2024. The Court has not ruled on the Motion to Compel or reset the hearing. Given that Rebel has served written discovery Within the time allowed, and pursued its right to such discovery, it would be an abuse of discretion to permit this case to go to trial without permitting Rebel to obtain answers to its written discovery requests as is permitted by the Texas Rules of Civil Procedure. See Ford Motor Co. v. Castillo, 279 S.W.3d 656, 667 (Tex. 1996) (“The trial court committed harmful error by denying Ford the opportunity to conduct discovery on Castillo's claim for breach. . ..”). III. This response is not made solely for purposes of delay but rather that justice may be done. Rebel Athletic respectfully requests that trial in this case be continued from its present setting, that the Court reset and/or rule on the pending motion to compel and respectfully request any such other and further relief to which it may be justly entitled. Respectfully submitted, KJ PARTNERS, LLP /s/ Jessica Renee Brown Jessica Renee Brown (No. 24048975) 4849 Greenville Avenue Ste 100-170 Dallas, TX 75206 (469) 586. 6861 Jessica@KJPartners.law Attorney for Plaintifl CERTIFICATE 0F SERVICE I certify that I caused a copy of the foregoing document to be served on April 14, 2024 Via e-filing at the following address: Brian Berger (No. 24089985) Michael Johnson 21 10 W. Slaughter Lane Ste 107-679 Austin, TX 78748 737-301-8400 brian.berger@kaygriffin.corn miohnson@kaygriffin.com Attorney for Defendants /s/ Jessica R. Brown Jessica Renee Brown CAUSE NO. DC-23-05 938 §§§§§§§§§§§§§ REBEL ATHLETIC INC, IN THE DISTRICT COURT Plaintiff V. CHEERSOURCE, LLC; 298th IUDICM DISTRICT CHEERSOURCE EVENTS, LLC; RYAN MAAG, individually; and ANDY COSFERENT, individually, Defendants. DALLAS COUNTY, TEXAS DECLARATION OF JESSICA RENEE BROWN I, Jessica Renee Brown, declare the following under penalty of pteury: 1. I am counsel for Rebel Athletic Inc. (“Rebel”). 2. I have personal knowledge of the facts set forth in this declaration. 3. On May 5, 2023, Plaintiff filed its Verified Original Petition. 4. On June 14, 2023 Rebel served Interrogatories upon Defendants. 5. Defendants did not serve any responses whatsoever to the Interrogatories. 6. On August 1, 2023 Rebel served Defendants with Requests for Production. 7. Defendants did not serve any responses to the Requests for Production whatsoever. 8. On December l, 2024, Rebel filed a motion to compel, seeking the written discovery it is entitled to receive from Defendants. 9. The first date the Court had available for the hearing on the motion to compel was March 19, 2024 (over 90 days after the motion was filed). 10. Rebel served Defendants with notice of the motion to compel hearing. I I. Days before the motion to compel hearing, Defendants filed a one-page “response” that contained no legal response, argument, authority or evidence. Instead, it was a statement from Defendants’ counsel stating that Defendants would file for bankruptcy on April 4, 2024. 12. The one-page statement was vague as to which Defendants would file for bankruptcy. 13. Defendants were prepared to argue the motion to compel on March 19, 2024. The court cancelled the hearing. I4. To date, the Court has not ruled on Rebel’s motion to compel, and the motion to compel hearing has not been reset for hearing. I5. As of April 14, 2024, none of the Defendants have filed for bankruptcy. I 6. Rebel requires the written discovery it has sought to prosecute its case. And despite the discovery being due 10 months ago, Rebel still have no received any of the written discovery responses from Defendants. 17. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge and belief. Executed this 14th day of April, 2024 in Dallas, Texas. Jessica Renee Brown DECLARATION OF JESSICA RENEE BROWN 2 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. Envelope ID: 86636485 Filing Code Description: Motion - Continuance Filing Description: REBEL ATHLETIC |NC.’S MOTION TO CONTINUE TRIAL Status as of 4/15/2024 8:52 AM CST Associated Case Party: REBEL ATHLETIC INC Name BarNumber Email TimestampSubmitted Status Jessica Brown Wilson jessica@kjpartners.law 4/14/2024 10:45:50 PM SENT Associated Case Party: CHEERSOURCE, LLC Name BarNumber Email TimestampSubmitted Status Brian Berger Brian.Berger@kaygriffin.com 4/14/2024 10:45:50 PM SENT Michael Johnson mjohnson@kaygriffin.com 4/14/2024 10:45:50 PM SENT Ruthie Walker malker@kaygriffin.com 4/14/2024 10:45:50 PM SENT