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FILED
8/10/2020 10:01AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO.,TEXAS
DEPUTY
Darling Tellez
CAUSE NO. DC-20-09663
SHERRI HODGE, § IN THE DISTRICT COURT
Plaintiff, g
V. g
95th JUDICIAL DISTRICT
BIG LOTS STORES, INC., g
Defendants. g DALLAS COUNTY, TEXAS
DEFENDANT BIG LOTS STORES, INC.’S
ORIGINAL ANSWER AND VERIFIED DENIAL
COMES NOW, BIG LOTS STORES, INC., one 0f the Defendants herein, and files its
Original Answer and Verified Denial as follows:
I.
GENERAL DENIAL
Defendant denies each and every, all and singular, material allegations contained within
Plaintiffs’ pleadings and any amendments or supplements thereto and demands strictproof thereof
in accordance with the Texas Rules 0f Civil Procedure.
II.
VERIFIED DENIAL
Subject t0 and Without waiving the foregoing General Denial, and in the alternative,
Defendant specifically denies, pursuant to Rule 93(4) 0f the TEXAS RULES OF CIVIL PROCEDURE,
that Defendant has any liability and/or interest in the incident that forms the basis of Plaintiffs’
lawsuit and said denial is supported by verification herein. Furthermore, Defendant denies that it
is a proper party t0 this lawsuit and hereby challenges this Court's jurisdiction over them
DEFENDANT BIG LOTS STORES, INC.’S ORIGINAL ANSWER AND VERIFIED DENIAL — PAGE 1
7342688 V1 (79539.00092)
III.
SPECIAL EXCEPTION
Defendant specially excepts to Plaintiffs’ Original Petition and the assertions and causes
of action against it are improper because this Defendant is the wrong party i and not a merely
misnomer for the correct party. Thus, there is a defect in the parties.
WHEREFORE, PREMISES CONSIDERED, BIG LOTS STORES, INC. prays that
Plaintiffs take nothing by this suit, that Plaintiffs be required to pay Defendant’s costs, and for
such other and further relief, both general and special, at law and in equity, t0 which Defendant
may show itselfjustly entitled.
Respectfully submitted,
MAYER LLP
750 N. St. Paul Street, Suite 700
Dallas, Texas 75201
214.379.6900 / Fax 214.379.6939
By: /s/ Zach T.Mayer
Zach T. Mayer
State Bar No. 240 1 3 1 18
zmayerngayerllp£0m
Sara Krumholz
State Bar No. 24060579
skrumholz@maverllp.com
ATTORNEYS FOR DEFENDANT
BIG LOTS STORES, INC.
DEFENDANT BIG LOTS STORES, INC.’s ORIGINAL ANSWER AND VERIFIED DENIAL — PAGE 2
7342688 v1 (79539.00092)
CERTIFICATE OF SERVICE
This is to certify that on the 10th day of August 2020, a true and correct copy 0f the
foregoing has been forwarded t0 all counsel of record as follows:
Via E-File
Josh W. Alexander
Email: josh@jalexlawfirm.com
Kelsey E. Brodock
Email: kelsev@ialexlawfirm.com
David W. Townend
Email: david@ialexlawfi1m.com
Robert B. Moss
Email: robert@ialexlawfirm.com
J. ALEX LAW FIRM, P.C.
13601 Preston Road West Tower, Suite 600W
Dallas, Texas 75240
Attorneysfor Plaintiff
/s/ Zach T. Mayer
Zach T. Mayer
DEFENDANT BIG LOTS STORES, INC.’s ORIGINAL ANSWER AND VERIFIED DENIAL — PAGE 3
7342688 v1 (79539.00092)
STATE OF TEXAS §
COUNTY 0F DALLAS §
BEFORE ME, the undersigned authority, on this day personally appeared ZACH T.
MAYER who; being by me duly sworn 11pm: his oath, deposed and stated that he: is duly qualified
and authorized in all reSpects to make this verification on behalf BIG LOTS STORES, INC, that
he;has rcad the above and foregoing Original Answer and Verified Denial and that the factual
statements contained in Section. II of the Origifial Answer are within his personal knowladge and
are true and carrect.
flaw”?
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SWORN TO AND SUBSCRIBED TO BEFORE ME, by August on this the Bill day of
August 2020.
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63mm
ométte Hamilion, Natiry Public? State of Texas
My Commission Expircs: l
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DEFENDANT BIG LOTS STORES. moss ORIGINAL ANSWER AND VERIFIED DENIAL — PAGE 4
7342688 v1 (79539.00092)
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.
Antoinette Hamilton on behalf of Zachary Thomas Mayer
Bar No. 240131 18
ahamilton@mayerl|p.com
Envelope ID: 45226448
Status as of 08/10/2020 15:35:38 PM -O5:OO
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Joshua Alexander josh@ja|exlawfirm.com 8/10/2020 10:01:00 AM SENT
Pamela Cox pam@jalexlawfirm.com 8/10/2020 10:01:00 AM SENT
Robert Moss robert@jalexlawfirm.com 8/10/2020 10:01:00 AM SENT
Associated Case Party: BIG LOTS STORES, INC.
Name BarNumber Email TimestampSubmitted Status
Antoinette Hamilton AHamiIton@mayerllp.com 8/10/2020 10:01 :00 AM SENT
Zach Mayer zmayer@mayerl|p.com 8/10/2020 10:01 :00 AM SENT
Sara Krumholz skrumholz@mayerl|p.com 8/10/2020 10:01 :00 AM SENT
Renay Senegal rsenegal@mayerllp.com 8/10/2020 10:01 :00 AM SENT
Preview
FILED 8/10/2020 10:01AM FELICIA PITRE DISTRICT CLERK DALLAS CO.,TEXAS DEPUTY Darling Tellez CAUSE NO. DC-20-09663 SHERRI HODGE, § IN THE DISTRICT COURT Plaintiff, g V. g 95th JUDICIAL DISTRICT BIG LOTS STORES, INC., g Defendants. g DALLAS COUNTY, TEXAS DEFENDANT BIG LOTS STORES, INC.’S ORIGINAL ANSWER AND VERIFIED DENIAL COMES NOW, BIG LOTS STORES, INC., one 0f the Defendants herein, and files its Original Answer and Verified Denial as follows: I. GENERAL DENIAL Defendant denies each and every, all and singular, material allegations contained within Plaintiffs’ pleadings and any amendments or supplements thereto and demands strictproof thereof in accordance with the Texas Rules 0f Civil Procedure. II. VERIFIED DENIAL Subject t0 and Without waiving the foregoing General Denial, and in the alternative, Defendant specifically denies, pursuant to Rule 93(4) 0f the TEXAS RULES OF CIVIL PROCEDURE, that Defendant has any liability and/or interest in the incident that forms the basis of Plaintiffs’ lawsuit and said denial is supported by verification herein. Furthermore, Defendant denies that it is a proper party t0 this lawsuit and hereby challenges this Court's jurisdiction over them DEFENDANT BIG LOTS STORES, INC.’S ORIGINAL ANSWER AND VERIFIED DENIAL — PAGE 1 7342688 V1 (79539.00092) III. SPECIAL EXCEPTION Defendant specially excepts to Plaintiffs’ Original Petition and the assertions and causes of action against it are improper because this Defendant is the wrong party i and not a merely misnomer for the correct party. Thus, there is a defect in the parties. WHEREFORE, PREMISES CONSIDERED, BIG LOTS STORES, INC. prays that Plaintiffs take nothing by this suit, that Plaintiffs be required to pay Defendant’s costs, and for such other and further relief, both general and special, at law and in equity, t0 which Defendant may show itselfjustly entitled. Respectfully submitted, MAYER LLP 750 N. St. Paul Street, Suite 700 Dallas, Texas 75201 214.379.6900 / Fax 214.379.6939 By: /s/ Zach T.Mayer Zach T. Mayer State Bar No. 240 1 3 1 18 zmayerngayerllp£0m Sara Krumholz State Bar No. 24060579 skrumholz@maverllp.com ATTORNEYS FOR DEFENDANT BIG LOTS STORES, INC. DEFENDANT BIG LOTS STORES, INC.’s ORIGINAL ANSWER AND VERIFIED DENIAL — PAGE 2 7342688 v1 (79539.00092) CERTIFICATE OF SERVICE This is to certify that on the 10th day of August 2020, a true and correct copy 0f the foregoing has been forwarded t0 all counsel of record as follows: Via E-File Josh W. Alexander Email: josh@jalexlawfirm.com Kelsey E. Brodock Email: kelsev@ialexlawfirm.com David W. Townend Email: david@ialexlawfi1m.com Robert B. Moss Email: robert@ialexlawfirm.com J. ALEX LAW FIRM, P.C. 13601 Preston Road West Tower, Suite 600W Dallas, Texas 75240 Attorneysfor Plaintiff /s/ Zach T. Mayer Zach T. Mayer DEFENDANT BIG LOTS STORES, INC.’s ORIGINAL ANSWER AND VERIFIED DENIAL — PAGE 3 7342688 v1 (79539.00092) STATE OF TEXAS § COUNTY 0F DALLAS § BEFORE ME, the undersigned authority, on this day personally appeared ZACH T. MAYER who; being by me duly sworn 11pm: his oath, deposed and stated that he: is duly qualified and authorized in all reSpects to make this verification on behalf BIG LOTS STORES, INC, that he;has rcad the above and foregoing Original Answer and Verified Denial and that the factual statements contained in Section. II of the Origifial Answer are within his personal knowladge and are true and carrect. flaw”? ' ”77% 1’me pMAY‘En ; ’[W ‘ SWORN TO AND SUBSCRIBED TO BEFORE ME, by August on this the Bill day of August 2020. ' 63mm ométte Hamilion, Natiry Public? State of Texas My Commission Expircs: l ' Z 8 " L 3 Anmrw—He I Prmted Name 0f NOW? . [Aman . N Po ANTomETTE HAMILTON Notary ID #1 30077147 My Commission Expires emf» January 28, 2023 ‘ DEFENDANT BIG LOTS STORES. moss ORIGINAL ANSWER AND VERIFIED DENIAL — PAGE 4 7342688 v1 (79539.00092) 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. Antoinette Hamilton on behalf of Zachary Thomas Mayer Bar No. 240131 18 ahamilton@mayerl|p.com Envelope ID: 45226448 Status as of 08/10/2020 15:35:38 PM -O5:OO Case Contacts Name BarNumber Email TimestampSubmitted Status Joshua Alexander josh@ja|exlawfirm.com 8/10/2020 10:01:00 AM SENT Pamela Cox pam@jalexlawfirm.com 8/10/2020 10:01:00 AM SENT Robert Moss robert@jalexlawfirm.com 8/10/2020 10:01:00 AM SENT Associated Case Party: BIG LOTS STORES, INC. Name BarNumber Email TimestampSubmitted Status Antoinette Hamilton AHamiIton@mayerllp.com 8/10/2020 10:01 :00 AM SENT Zach Mayer zmayer@mayerl|p.com 8/10/2020 10:01 :00 AM SENT Sara Krumholz skrumholz@mayerl|p.com 8/10/2020 10:01 :00 AM SENT Renay Senegal rsenegal@mayerllp.com 8/10/2020 10:01 :00 AM SENT