On March 13, 2024 a
Hearing
was filed
involving a dispute between
Ejo Living Trust,
Jewell, Leslie Anne,
and
Everyone'S Win'S Management, Llc,
Hockman, Nick,
for OTHER (CIVIL)
in the District Court of Dallas County.
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FILED
3/29/2024 2:32 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Jenifer Trujillo DEPUTY
NO. DC-24—03857
EJO LIVING TRUST, § IN THE DISTRICT COURT
PLAINTIFF §
§
V § 134TH JUDICIAL DISTRICT
§
NICK HOCKMAN, EVERYONE WIN’S §
MANAGEMENT, LLC § DALLAS COUNTY, TEXAS
DEFENDANTS’ MOTION TO DISSOLVE TEMPORARY INJUNCTION AND TRO AND. IN
THE ALTERNATIVE, TO MODIFY THE TEMPORARY INJUNCTION ORDER
Counter-Plaintiffs and Original Defendants, Nick Hockman, and Everyone Wins Management,
LLC, file this motion to dissolve Temporary Injunction and TRO:
Counsel for Defendants, files this Motion to Dissolve and would show:
l. The Defendants were never served with the Petition, Citation, TRO, and notice of hearing on the
Temporary Injunction in accordance with TRCP 688 and TRCP 103.
2. Defendant Nick Hockman only received documents regarding this suit by email.
3. Such email service does not constitute proper service under the Rules of Civil Procedure.
4. Alternatively, the Defendants request that the court modify the temporary injunction order.
5. The current Temporary Injunction hearing attempts to restrict the Defendant in his First Amendment
rights and is a prior restraint on Defendants’ protected speech. Furthermore, it violates his right to
freedom of association. The Defendant has a right to make statements regarding the taking of legal
action against the Property’s tenants, and cannot be prohibited from doing so as ordered in item 1 of the
temporary injunction. The Defendant has the right to contact people and communicate with them, and
cannot be restrained from doing so, as is currently ordered under items 5 and 6 of the temporary
DEFENDANTS' MOTION TO DISSOLVE TEMPORARY INJUNCTION AND TRO
1
injunction.
6. Furthermore, item 2 of the temporary injunction is vague, in that it prohibits the Defendants from
“harassing” tenants, but does not define what constitutes “harassing”, and is therefore unenforceable.
PRAYER
For these reasons, Defendants ask that the court grant their motion to dissolve the temporary injunction,
or, in the alternative to modify it by removing or amending its provisions, and that the court award all
other relief in law and equity, that they are entitled to.
Respectfully submitted,
By: /s/Guillerm0 H. Ramos
Guillermo H. Ramos
Texas Bar No. 24073272
Email: ghr@theramosfirm.com
Ramos Law Firm
2704 Valley View Lane
Farmers Branch, TX 75234
Tel. (972) 201-9977
Fax. (972) 247-3501
Attorney for Defendant
DEFENDANTS' MOTION TO DISSOLVE TEMPORARY INIUNCTION AND TRO
2
CERTIFICATE OF SERVICE
I celtify that on March 29, 2024 a true and correct copy of above was served on the parties
listed below.
/s/Guil/ermo H. Ramos
Guillermo H. Ramos
VIA EMAIL/ ESERVICE
LANCE ERICKSON
Lance@HOALega1.com
MANNING & MEYERS
Attorneys at Law
4340 N. Central Expressway, Suite 200
Rockwall, Texas 75206
(214) 823-6600 — Telephone
(214) 821-3800 — Facsimile
DEFENDANTS' MOTION TO DISSOLVE TEMPORARY INIUNCTION AND TRO
3
VERIFICATION
STATE OF TEXAS §
§
COUNTY OF DALLAS §
BEFORE ME, the undersigned notary public, on this day personally appeared NICK
HOCKMAN who, after being duly sworn upon his oath, testified as follows:
“My name is NICK HOCKMAN.
I am over the age of 21 years. I have personal knowledge of all of the facts set forth above, and
hereby state that every factual allegation set forth therein is true and correct."
FURTHER AFFIANT SAYETH NO .”
Signed this 2‘! day of Maw 2024.
Md MW
NICK HOCKMAN
SUBSCRIBED AND SWORN BEFORE ME on this 24 day of game, 2023, to
certify which witness my hand and official seal.
ANALILIAGALLEGOS
My Nobry ID # 131978305
ExpiresApril 17. 2027
Notary Public in and for the State of Texas
DEFENDANTS' MOTION TO DISSOLVE TEMPORARY INIUNCTION AND TRO
4
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Envelope ID: 86112665
Filing Code Description: Application For Receiver - Post-Judgment
Filing Description: TEMP INJUNCTION & TRO/ TO MODIFY TEMP
INJUNCTION ORDER
Status as of 4/1/2024 10:44 AM CST
Associated Case Party: EJO LIVING TRUST
Name BarNumber Email TimestampSubmitted Status
Lance Erickson Lance@HOALegal.com 3/29/2024 2:32:25 PM SENT
Shannon Spizman Shannon@HOALegal.com 3/29/2024 2:32:25 PM SENT
Sylvia Vazquez sylvia@hoalegal.com 3/29/2024 2:32:25 PM SENT
Associated Case Party: EVERYONE'S WIN'S MANAGEMENT, LLC
Name BarNumber Email TimestampSubmitted Status
W DeanCook wdc@theramosfirm.com 3/29/2024 2:32:25 PM SENT
Ruby E.Gutierrez office@theramosfirm.com 3/29/2024 2:32:25 PM SENT
Yomara Gutierrez admin@theramosfirm.com 3/29/2024 2:32:25 PM SENT
Carlos Aguilar caiv@theramosfirm.com 3/29/2024 2:32:25 PM SENT
Guillermo Ramos ghr@theramosfirm.com 3/29/2024 2:32:25 PM SENT
Alondra Ruiz clerk@theramosfirm.com 3/29/2024 2:32:25 PM SENT
Document Filed Date
April 23, 2024
Case Filing Date
March 13, 2024
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FILED 3/29/2024 2:32 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Jenifer Trujillo DEPUTY NO. DC-24—03857 EJO LIVING TRUST, § IN THE DISTRICT COURT PLAINTIFF § § V § 134TH JUDICIAL DISTRICT § NICK HOCKMAN, EVERYONE WIN’S § MANAGEMENT, LLC § DALLAS COUNTY, TEXAS DEFENDANTS’ MOTION TO DISSOLVE TEMPORARY INJUNCTION AND TRO AND. IN THE ALTERNATIVE, TO MODIFY THE TEMPORARY INJUNCTION ORDER Counter-Plaintiffs and Original Defendants, Nick Hockman, and Everyone Wins Management, LLC, file this motion to dissolve Temporary Injunction and TRO: Counsel for Defendants, files this Motion to Dissolve and would show: l. The Defendants were never served with the Petition, Citation, TRO, and notice of hearing on the Temporary Injunction in accordance with TRCP 688 and TRCP 103. 2. Defendant Nick Hockman only received documents regarding this suit by email. 3. Such email service does not constitute proper service under the Rules of Civil Procedure. 4. Alternatively, the Defendants request that the court modify the temporary injunction order. 5. The current Temporary Injunction hearing attempts to restrict the Defendant in his First Amendment rights and is a prior restraint on Defendants’ protected speech. Furthermore, it violates his right to freedom of association. The Defendant has a right to make statements regarding the taking of legal action against the Property’s tenants, and cannot be prohibited from doing so as ordered in item 1 of the temporary injunction. The Defendant has the right to contact people and communicate with them, and cannot be restrained from doing so, as is currently ordered under items 5 and 6 of the temporary DEFENDANTS' MOTION TO DISSOLVE TEMPORARY INJUNCTION AND TRO 1 injunction. 6. Furthermore, item 2 of the temporary injunction is vague, in that it prohibits the Defendants from “harassing” tenants, but does not define what constitutes “harassing”, and is therefore unenforceable. PRAYER For these reasons, Defendants ask that the court grant their motion to dissolve the temporary injunction, or, in the alternative to modify it by removing or amending its provisions, and that the court award all other relief in law and equity, that they are entitled to. Respectfully submitted, By: /s/Guillerm0 H. Ramos Guillermo H. Ramos Texas Bar No. 24073272 Email: ghr@theramosfirm.com Ramos Law Firm 2704 Valley View Lane Farmers Branch, TX 75234 Tel. (972) 201-9977 Fax. (972) 247-3501 Attorney for Defendant DEFENDANTS' MOTION TO DISSOLVE TEMPORARY INIUNCTION AND TRO 2 CERTIFICATE OF SERVICE I celtify that on March 29, 2024 a true and correct copy of above was served on the parties listed below. /s/Guil/ermo H. Ramos Guillermo H. Ramos VIA EMAIL/ ESERVICE LANCE ERICKSON Lance@HOALega1.com MANNING & MEYERS Attorneys at Law 4340 N. Central Expressway, Suite 200 Rockwall, Texas 75206 (214) 823-6600 — Telephone (214) 821-3800 — Facsimile DEFENDANTS' MOTION TO DISSOLVE TEMPORARY INIUNCTION AND TRO 3 VERIFICATION STATE OF TEXAS § § COUNTY OF DALLAS § BEFORE ME, the undersigned notary public, on this day personally appeared NICK HOCKMAN who, after being duly sworn upon his oath, testified as follows: “My name is NICK HOCKMAN. I am over the age of 21 years. I have personal knowledge of all of the facts set forth above, and hereby state that every factual allegation set forth therein is true and correct." FURTHER AFFIANT SAYETH NO .” Signed this 2‘! day of Maw 2024. Md MW NICK HOCKMAN SUBSCRIBED AND SWORN BEFORE ME on this 24 day of game, 2023, to certify which witness my hand and official seal. ANALILIAGALLEGOS My Nobry ID # 131978305 ExpiresApril 17. 2027 Notary Public in and for the State of Texas DEFENDANTS' MOTION TO DISSOLVE TEMPORARY INIUNCTION AND TRO 4 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Envelope ID: 86112665 Filing Code Description: Application For Receiver - Post-Judgment Filing Description: TEMP INJUNCTION & TRO/ TO MODIFY TEMP INJUNCTION ORDER Status as of 4/1/2024 10:44 AM CST Associated Case Party: EJO LIVING TRUST Name BarNumber Email TimestampSubmitted Status Lance Erickson Lance@HOALegal.com 3/29/2024 2:32:25 PM SENT Shannon Spizman Shannon@HOALegal.com 3/29/2024 2:32:25 PM SENT Sylvia Vazquez sylvia@hoalegal.com 3/29/2024 2:32:25 PM SENT Associated Case Party: EVERYONE'S WIN'S MANAGEMENT, LLC Name BarNumber Email TimestampSubmitted Status W DeanCook wdc@theramosfirm.com 3/29/2024 2:32:25 PM SENT Ruby E.Gutierrez office@theramosfirm.com 3/29/2024 2:32:25 PM SENT Yomara Gutierrez admin@theramosfirm.com 3/29/2024 2:32:25 PM SENT Carlos Aguilar caiv@theramosfirm.com 3/29/2024 2:32:25 PM SENT Guillermo Ramos ghr@theramosfirm.com 3/29/2024 2:32:25 PM SENT Alondra Ruiz clerk@theramosfirm.com 3/29/2024 2:32:25 PM SENT