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FILED
5/13/2024 12:29 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Nicole Burroughs DEPUTY
CAUSE N0. 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 FOR SUFFICIENT
TIME AFTER MOTION TO COMPEL DISCOVERY IS DECIDED
Plaintiff, Rebel Athletic, Inc., files its 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 the following
reasons: (1) Rebele’s Motion to Compel and for Sanctions has been on file since December
11, 2023 and not ruled upon; (2) Defendants have not responded to the written discovery
requests that were served on June 14, 2023 and August 1, 2023; and (3) Rebel rescheduled
the Motion to Compel for the first available hearing date, which was June 13, 2024, after the
Court cancelled the prior hearing set for March 19, 2024.
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 approximately six months (since December 11, 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 14, 2023 and Requests for
Production of Documents on August 1, 2023. See Exhibit A, Declaration of Jessica Brown
114. 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 11, 2023. Id.
at 115. The first available date the Court could hear Rebel’s motion to compel was March l9,
2024, and Rebel scheduled the motion to compel for that date and provided notice to
Defendants. Id. at 116.
The day before the March 19th 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. at 117. 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. at 1i 8. Rebel filed a
motion to compel discovery, and that motion has not yet been heard, which has been reset for
hearing on June 13, 2024. Rebel would be severely prejudiced by being forced to trial in this
case when Defendants have refused to comply with written discovery.
Rebel requests that the Court continue the trial date until after the Court is able to
hear Rebel’s Motion to Compel for hearing and reset this case for non-jury trial after
Defendants have complied with the Court’s order with respect to the Motion to Compel
Written Discovery. The trial is currently scheduled for July 15, 2024.
Rebel’s Motion to Compel Written Discovery has been pending since December 1 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 hearing has been reset to June 13, 2024.
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 C0. 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 be able to 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
JessicagQKJPartnerslaW
Attorney for Plaintifl
CERTIFICATE OF SERVICE
I certify that I caused a copy of the foregoing document to be served on May 13, 2024 Via e-
filing the following address:
at
Brian Berger (No. 24089985)
Michael Johnson
2110 W. Slaughter Lane
Ste 107-679
Austin, TX 78748
737-301-8400
brian.berger@kaygriffin.com
mjohnson@kaygflffin.com
Attorney for Defendants
/s/ Jessica R. Brown
Jessica Renee Brown
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: 87662597
Filing Code Description: Motion - Continuance
Filing Description: MOTION TO CONTINUE TRIAL FOR SUFFICIENT
TIME AFTER MOTION TO COMPEL DISCOVERY IS DECIDED
Status as of 5/14/2024 2:48 PM CST
Associated Case Party: REBEL ATHLETIC INC
Name BarNumber Email TimestampSubmitted Status
Jessica Brown Wilson jessica@kjpartners.law 5/13/2024 12:29:56 PM SENT
Associated Case Party: CHEERSOURCE, LLC
Name BarNumber Email TimestampSubmitted Status
Brian Berger Brian.Berger@kaygriffin.com 5/13/2024 12:29:56 PM SENT
Michael Johnson mjohnson@kaygriffin.com 5/13/2024 12:29:56 PM SENT
Ruthie Walker malker@kaygriffin.com 5/13/2024 12:29:56 PM SENT
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FILED 5/13/2024 12:29 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Nicole Burroughs DEPUTY CAUSE N0. 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 FOR SUFFICIENT TIME AFTER MOTION TO COMPEL DISCOVERY IS DECIDED Plaintiff, Rebel Athletic, Inc., files its 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 the following reasons: (1) Rebele’s Motion to Compel and for Sanctions has been on file since December 11, 2023 and not ruled upon; (2) Defendants have not responded to the written discovery requests that were served on June 14, 2023 and August 1, 2023; and (3) Rebel rescheduled the Motion to Compel for the first available hearing date, which was June 13, 2024, after the Court cancelled the prior hearing set for March 19, 2024. 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 approximately six months (since December 11, 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 14, 2023 and Requests for Production of Documents on August 1, 2023. See Exhibit A, Declaration of Jessica Brown 114. 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 11, 2023. Id. at 115. The first available date the Court could hear Rebel’s motion to compel was March l9, 2024, and Rebel scheduled the motion to compel for that date and provided notice to Defendants. Id. at 116. The day before the March 19th 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. at 117. 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. at 1i 8. Rebel filed a motion to compel discovery, and that motion has not yet been heard, which has been reset for hearing on June 13, 2024. Rebel would be severely prejudiced by being forced to trial in this case when Defendants have refused to comply with written discovery. Rebel requests that the Court continue the trial date until after the Court is able to hear Rebel’s Motion to Compel for hearing and reset this case for non-jury trial after Defendants have complied with the Court’s order with respect to the Motion to Compel Written Discovery. The trial is currently scheduled for July 15, 2024. Rebel’s Motion to Compel Written Discovery has been pending since December 1 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 hearing has been reset to June 13, 2024. 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 C0. 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 be able to 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 JessicagQKJPartnerslaW Attorney for Plaintifl CERTIFICATE OF SERVICE I certify that I caused a copy of the foregoing document to be served on May 13, 2024 Via e- filing the following address: at Brian Berger (No. 24089985) Michael Johnson 2110 W. Slaughter Lane Ste 107-679 Austin, TX 78748 737-301-8400 brian.berger@kaygriffin.com mjohnson@kaygflffin.com Attorney for Defendants /s/ Jessica R. Brown Jessica Renee Brown 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: 87662597 Filing Code Description: Motion - Continuance Filing Description: MOTION TO CONTINUE TRIAL FOR SUFFICIENT TIME AFTER MOTION TO COMPEL DISCOVERY IS DECIDED Status as of 5/14/2024 2:48 PM CST Associated Case Party: REBEL ATHLETIC INC Name BarNumber Email TimestampSubmitted Status Jessica Brown Wilson jessica@kjpartners.law 5/13/2024 12:29:56 PM SENT Associated Case Party: CHEERSOURCE, LLC Name BarNumber Email TimestampSubmitted Status Brian Berger Brian.Berger@kaygriffin.com 5/13/2024 12:29:56 PM SENT Michael Johnson mjohnson@kaygriffin.com 5/13/2024 12:29:56 PM SENT Ruthie Walker malker@kaygriffin.com 5/13/2024 12:29:56 PM SENT