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4 WRIT / 4 NOT ESERVE‘. FILED
DALLAS COUNTY
8/13/2019 3:13PM
DC—l9—ll844 FELICIA PITRE
CAUSE NO.
DISTRICT CLERK
Belinda Hernandez
REAL DIGITAL MEDIA, LLC, IN THE DISTRICT COURT
Plaintiff/Garnishor,
V.
MESMERIZE MARKETING LLC, OF DALLAS COUNTY, TEXAS
MESMERIZE MEDIA HOLDINGS
LLC, MESMERIZE MEDIA LLC, OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO
MESMERIZE MEDIA
MANAGEMENT LLC AND
MESMERIZE, LLC,
Gamishees
RESPARIO, LP, 95th JUDICIAL DISTRICT
Defendant/Judgment Debtor
PETITION FOR POST-JUDGMENT WRIT OF GARNISHMENT
Plaintiff and Garnishor Real Digital Media, LLC (“RDM”) makes application the
issuance 0f a post-judgment Writ 0f Gamishment against Mesmerize Marketing LLC;
Mesmerize Media Holdings LLC; Mesmerize Media LLC; Mesmerize Media Management,
LLC; and Mesmerize, LLC (collectively “Garnishees”), and respectfully shows the Court as
follows:
I.
PARTIES
Plaintiff Real Digital Media, LLC is an Ohio limited liability company authorized t0 d0
business in Texas.
Garnishee Mesmerize Marketing LLC is a Delaware limited liability company. It
maintains its principal place 0f business at 505 8th
Avenue, Suite 1003, New York, NY 10018.
Mesmerize Marketing can be served with process through its registered agent for service
Cogency Global, Inc., 850 New Burton Road, Suite 201, Dover, DE 19904.
Garnishee Mesmerize Media Holdings LLC is a Delaware limited liability company. It
maintains its principal place of business at 505 8th Avenue, Suite 1003, New York, NY 10018.
Mesmerize Media Holdings can be served with process through its registered agent for service
Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808.
Garnishee Mesmerize Media LLC is a Delaware limited liability company. It maintains
its principal place of business at 417 Montgomery Street, Ste. 200, San Francisco, CA 94104.
Mesmerize Media LLC can be served with process through its registered agent for service in
Texas Becky Rodriguez, 2828 East Trinity Mills Road, Ste. 380, Carrollton, Texas 75006.
Garnishee Mesmerize Media Management LLC is a Delaware limited liability company.
It maintains its principal place of business at 505 8th Avenue, Suite 1003, New York, NY 10018.
Mesmerize Media LLC can be served with process through its registered agent for service
Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808.
Garnishee Mesmerize, LLC is a Delaware limited liability company. It maintains
its principal place of business at 505 8th Avenue, Suite 1003, New York, NY 10018.
Mesmerize Media LLC can be served with process through its President / Chief Executive
Officer Gregory Leibert at that address.
Judgment Debtor, Respario, LP (“Respario”), is a Texas limited partnership. Its last
known address is 14800 Quorum Drive, Suite 475, Dallas, Texas 75254.
II.
FACTS
On May 30, 2019, the Court signed a Stipulated Consent Judgment against Defendant
Respario, LP (the “Judgment Debtor”) (the “Judgment”). A copy of the Judgment is attached
hereto as Exhibit “A.” The Judgment was rendered in a case styled Case No. DC-18-16903;
Real Digital Media, LLC v. Respario, LP, in the 95th District Court of Dallas County, Texas, and
Petition for Post-Judgment Writ of Garnishment Page 2
AUSTIN 59542-7004 28415v1
awarded RDM Three Hundred Twenty-Two Thousand One Hundred Eighty Seven and 69/100
Dollars ($322,187.69). See Exhibit “A.” The Judgment is final, valid, subsisting, and has not
been stayed or superseded by bond. The amount of the Judgment remains unsatisfied is
$287,187.69.
RDM is not aware of any property possessed by the Judgment Debtor in Texas that is
unencumbered and subject to execution sufficient to satisfy the Judgment. RDM does not seek a
Writ of Garnishment to injure Garnishees or the Judgment Debtor. Instead, RDM has reason to
believe and does believe that the Judgment Debtor is providing services to Garnishees and that
Garnishees owe money to Judgment Debtor for those services. See Exhibit “B” (Affidavit of
John R. Nelson).
III.
AFFIDAVIT
This application is supported by the Affidavit of John R. Nelson, a person having
knowledge of the relevant facts. RDM is entitled to the issuance of a Writ of Garnishment on the
grounds stated herein and in the Affidavit attached hereto as Exhibit “B,” which is hereby fully
incorporated into this Application.
IV.
PRAYER
FOR THESE REASONS, RDM respectfully requests that (i) a Writ of Garnishment be
issued and served upon each of the Garnishees; (ii) to the extent that Garnishees are indebted to
Judgment Debtor, that RDM be granted a judgment against Garnishees for that amount to satisfy
the unsatisfied portion of the Judgment, along with all costs and interest allowed by law, and
(iii) RDM be granted all other relief to which it is entitled.
Petition for Post-Judgment Writ of Garnishment Page 3
AUSTIN 59542-7004 28415v1
Respectfully submitted,
)4; M..—
By:
John R. Nelson
State Bar N0. 00797144
DICKINSON WRIGHT PLLC
607 West Third Street, Suite 2500
Austin, Texas 78701
Telephone: 5 12—770-42 14
Fax: 844-670-6009
inelson@dickinsonwright.com
ATTORNEYS FOR PLAINTIFF /
GARNISHOR REAL DIGITAL MEDIA,
LLC
Petition for Post-Judgment Writ of Garnishment Page 4
AUSTIN 59542-7004 28415V1
EXHIBIT A
QRMEQNAL Cause No. DC-IS-l6903
REAL DIGITAL MEDIA, LLC. § TN THE DISTRICT COURT
Plailmfl §
§
v. § 0F DALLAS COUNTY TEXAS
§
RESPARIO, LP, §
Defendant 95‘” JUDICIAL DISTRICT
§
STIPULATED CONSENT JUDGM T
This matter having come before [he Court by consent of all parties, and the terms being
consented to by hereby
all parties, it is
ORDERED AND ADJUDGED that Defendant Respario, LP is liable to the PIaimifchal
Digital Media, LLC in the amount ofThree Hundred Twenty Two Thousand One Hundred Eighty
°
Seven and 693100 Dollars ($322,! 87.69). Plaintiffshall be entitled o immedint cxccg n on the
Stipulated Consent Judgnem nfler entry by Ihc CI k of Court.
SO ORDERED this '
%£2 day of
M
K44”
AGREED
R. Nelson
Bar No. 00797144
State
Dickinson Wright PLLC
303 Colorado, Suite 2050
Austin, Texas 78101
S I 2-770-42 l4 (Tel)
844-670-6009 (Fax)
jnclson@dickinsonwn‘ght.com
Counsel for PlaintiffReal Digim! Media, LLC
eilR. Burger
State Bar No. 24036289
Carringion, Coleman, Sloman & Blumenthal, LLP
901 Main Sweet, Suite 5500
Dallas, Texas 75202
214-855-3000 (Tel)
214-855-1333 (Fax)
nburger@ccsb.com
Counsel for Defendant Respnn'o, LP
AUSTIN 59542-7004 21 771v1
EXHIBIT B
CAUSE N0.
REAL DIGITAL MEDIA, LLC, IN THE DISTRICT COURT
Plaintiff/Gamishor,
V.
MESMERIZE MARKETING LLC, OF DALLAS COUNTY, TEXAS
MESMERIZE MEDIA HOLDINGS
LLC, MESMERIZE MEDIA LLC, WWWWWWWWWWDWWDWWWWW
MESMERIZE MEDIA
MANAGEMENT, LLC AND
MESMERIZE, LLC,
Garnishees
RESPARIO, LP, 95th JUDICIAL DISTRICT
Defendant/Judgment Debtor
AFFIDAVIT OF ,IOHN R. NELSON
THE STATE OF TEXAS §
§
COUNTY OF TRAVIS §
BEFORE ME, the undersigned notary, on this day personally appeared John R. Nelson, a
person whose identity isknown to me, and after administration of the oath, stated as follows:
1. “My name is John R. Nelson. I represent the Plaintiff in the above-referenced
matter (the “Matter”). I am over the age of twenty-onc (21) years, have never
been convicted of a felony or a crime of moral turpitude, and am competent and
authorized to make this affidavit. I have personal knowledge of the true and
correct facts stated below gained during the course of my dealings with the
Judgment Debtor (as defined below) in this Matter.
Plaintiff Real Digital Media, LLC (“RDM”) is the judgment creditor in this
Matter. Plaintiff RDM is an Ohio limited liability company with its principal
place of business in Dayton, Ohio. RDM is registered to conduct business in
Texas as a foreign limited liability corporation. The name of the Judgment
Debtor in this Matter is Respario, LP (the “Judgment Debtor”). It’s last known
address is 14800 Quorum Drive, Suite 475, Dallas, Texas 75254.
AFFIDAVIT or JOHN R. NELSON Page l
3. RDM owns a judgment against the Judgment Debtor (the “Judgment"). Attached
hereto as Exhibit B-l is a true and correct copy of the Judgment. The Judgment
was rendered in a case styled Case N0. DC-18-16903; Real Digital Media, LLC v.
Respario, LP, in the 95'“ District Court of Dallas County, Texas, and awarded
RDM Three Hundred Twenty-Two Thousand One Hundred Eighty Seven and
69/100 Dollars ($322,187.69).
4. The Judgment is final, valid, subsisting, and has not been stayed or superseded by
bond. The Judgment is for a debt that is just, due, and unpaid.
5. The amount now due on the unpaid judgment is $287,187.69.
6. It is my understanding that the Judgment Debtor does not possess property in
Texas that can be readily attached 0r levied on by ordinary legal process.
7. On information and belief, I have reason to believe that the Judgment Debtor has
non-cxempt property including, but not limited to the following:
Payments due from Mesmerize for services rendered by Judgment Debtor as part
of its contractual relationship with Mesmcrize. This belief is based on press
AM
releases issued by Mesmerize and Judgment Debtor. See Exhibit B-2.
Further affiant sayeth not.
John R. Nelson
SUBSCRIBED TO AND SWORN TO BEFORE ME by John R. Nelson on thls
.
/
51L day
of August 2019, to certify which witness
AUSTIN 59542-7004 2841 6V1
my hand and
mmseal of office.
Notary Public,
#543133
StaHf Tygxas
amsussem
gfiwInn“
Myuomrymmmmss
'3“
AFFIDAVIT OF JOHN R. NELSON Page 2
EXHIBIT B-1
OR‘G BNAL Cause No. DC-18-16903
REAL DIGITAL MEDIA. LLC, § [N THE DISTRICT COURT
Hairmfl' §
§
v. § 0F DALLAS COUNTY TEXAS
§
RESPARIO, LP, §
Defendant §
95'“JUDICIAL DISTRICT
STIPUL TE ONSENTJ D M T
This matter having come before the Court by consent of all parties,and the terms being
consented to by hereby
all parties, it is
ORDERED AND ADJUDGED that Defendant Respario. LP is liable to the PlaintiffReaI
Digital Media. LLC in the amount ofThree Hundred Twenty Two Thousand One Hundred Eighty
Seven and 69/ I 00 Dollars ($3 22,1 8169). Plaintiffshall be entitWint . cxccu
'
un on the
Stipulaled Consent Judynent after entry by the CI -
‘.
of Court,"
so ORDERED this @flday or
AGREED
Kd-fl/J-m
iohfi R. Nelson
State Bar No. 00797144
Dickinson Wright PLLC
303 Colorado, Suite 2050
Austin, Texas 7870i
512-770-4214 (Tel)
844-670-6009 (Fax)
jnelson@dickinsonwdght.com
Counsel for Plaintiff Rea! Digital Media, LLC
eil R. Burger
State Bat No. 24036289
Carrington, Coleman, Sloman & Blumenthal, LLP
90l Main Street, Suite 5500
Dallas, Texas 75202
214-855-3000 (Tel)
214-8554 333 (Fax)
nburger@ccsb.com
Counsel for Defendant Respnrio, LP
AUSTIN 59542-7004 21771v1
EXHIBIT B-2
Pharmacy Health Network Acqulred By Mesmerize, With Big Expansion Plans Into Medi... Page 2 of 7
Pharmacy Health Network Acquired By
Mesmerize, With Big Expansion Plans Into
Medical Offices
August 8, 2019 by Dave Haynes
The Pharmacy Health Network (PHN) — which does ad-based screens in
—
retail pharmacies has been acquired by an OOH media and marketing
company that has plans to expand into medical care environments.
Mesmerize says it will “accelerate growth beyond the 1, 100 PHN locations
currently deployed across the coun try by scaling the network to include
national pharmacy chains in the coming months, while also immediately
launching digital platforms in other point—of-care venues, as Mesmerize Health
Network.”
The initia! Mesmerize Health Network rollout will be focused on waiting room
TV screens in specialty doctors’ offices and community—based organizations,
treating and caring for people living with infectious diseases including
HlV/AIDS.
Screenfeed
CO NTENT
ga§§mémwen you
want.
Mesmerize had earlier partnered with Respario, a digital signage operator
and the seller of Pharmacy Health Network. Respario will be retained by\
Mesmerize to continue operating the digital signage on the pharmacy
https :waw.sixteen-nine.net/20 l 9!081'08fpharmacy-hea1th-network-acquired-by-mesmeriz. .. 8f l 2.00 1 9
t’narmacy Health Network Acqmred By Mesmerize, With Big Expansion Plans Into Medi... Page 3 of 7
network and to deploy and manage digital solutions across the Mesmerize
Health Network.
Mesmerize says a couple of side~benefits coming out of the deal are
custom healthcare content and fresh media player hardware installed in
all PHN locations over the last year.
Going into the point of care business puts the company in competition
with Chicago—based Outcome Health, which was by far the big dog in
digital OOH for the medical space, but went through a very rough patch
recently that saw the founders leave under a cloud of suspicion about
cooked numbers. The company has since sold a majority stake to a private
equity firm.
Bio Twitter Linkedln Latest Posts
Dave Haynes
Editor/Founder at Sixteen2Nine
Dave Haynes is the founder and editor of Sixteen:Nine, an
online publication that has followed the digital signage
industry for more than 13 years. Dave does strategic advisory
consulting work for many end-users and vendors, and also
writes for many of them. He's based near Halifax, Nova
Scotia.
Share this:
I BUSINESS, Digital OOH
https:ffwww.sixteen-nine.net/201 9/08/08/phan'nacy-health-network-acquired-by-mesmeriz... 8/ 12/201 9
rnarmacy Health Network Acqulred By Mesmerize, With Big Expansion Plans Into Medi... Page 4 of 7
V advertising, digital out of home, DOOH, Mesmerize, Outcome Health,
Pharmacy Health Network, Respario
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https:ffwwwsixteen-ninemct/ZO 1 91’08308fpha1macy-hea1th-network-acquired-by-mesmeriz. .. 8f l 2f20 l 9
Mesmenze Acqulres Pharmacy Health Network, establishes Digital Network in Doctors’ Page lof 2
elsmN'
PRWeb
Mesmerize Acquires Pharmacy Health Network, establishes DigitalNetwork inDoctors' Offices and Community
Based Organizations
Mesmerize, an out-of-home media company, has acquired Pharmacy Health Network. a digitai network dedicated to retail
pharmacies. Mesmerize will expand that network to doctors' offices and community based organizations.
NEW YORK (PRWEB) August o7. 201 9
Mesmerize, a prominent out-of-home media company specializing in providing patient education at the point-of-care.
announced today its acquisition of Pharmacy Health Network (PHN). the only out-of-home
digital network dedicated toretail
pharmacies.
Mesmerize. a Portfolio Company of the Beekman Group, will accelerate growth beyond the 1.100 PHN locations currently
deployed across the country by scaling the network to include national pharmacy chains in the coming months.
while also immediately launching digital platforms in other point-of-care venues. as Mesmerize Health Network.
The initial Mesmerize Health Network rollout will be focused on waiting room TV screens in
specialty doclors' offices and
communily-based organizations. treating and caring for people living with infectious diseases including HIVIAIDS.
“Mesrnerize will capitalize on and expand upon the best in class practices. products and technology used
by Pharmacy
Health Network as we grow our digital footprint in pharmacies and launch Mesmerize Health Network in our other point of
care venues." said Gregory Leibert, CEO of Mesmerize. "This acquisition gives us a decade of experience with digital
signage at point of care and comptiments the strengths of Mesmerize as we enter this next chapter."
Mesmerize partnered with Respario, a digital signage operator and the seller of Pharmacy Health Network last year to
deliver patientengagement and education by coupling PHN's leading technofogy with Mesmerize's reputation for quality
media products and its key relationships with advertisers and agencies.
This acquisition solidifies Mesmerize’s commitment Io patient education and tech-forward thinking. as the acquisition
includes custom healthcare content as well as new media players. installed in all PHN locations over the last year.
Respario be retained by Mesmerize to continue operating the digital signage on the pharmacy network and
will todeploy
and manage across the Mesmerize Health Network.
digital solutions
“Since 2009, Pharmacy Health Network has been a trusted voice in pharmacies, a value-added media solution for
independent and chain pharmacies. and an effective platform for healthcare advertisers.” said Ian Stone. President and
Chief Experience Officer of Respario. “The combination of PHN and Mesmerize will deliver digital solutions across the POC
spectrum and provide a robust set of solutions for engagement throughout a patient’s healthcare journey.”
Point-of—care advertising stimulates patients to discuss brands directly with their physicians and pharmacists and inspires
patients lo take action. Adults that saw healthcare ads in a doctor's office or pharmacy are 84% more likely than the
average U.S. adult lo discuss thead with their doctor.and 80% of adults took action after seeing an ad at the poinl-of-care.
About Mesmerize
Mesmerize is a specialty out-of-home advertising company focused in three primary areas: transit, point-of-care. and point-
of-sale. Mesmerize. under the BriteVision name. also produces custom coffee sleeves for cafés. convenience stores and
other distribution partners, in addition to the sleeves produced for advertisers. Mesmerize is headquartered in New York. NY
and Oakland, CA. For more information. please visit htthMwwmesmerizesom.
About the Beekman Group
The Beekman Group is a leading private equity firm. based in New York, dedicated to bringing financial and operations
resources to lower middle—market companies. Beekman's team consists of experienced private equity professionals. as well
as a select group of Industry Advisers, who are leading executives in Beekman‘s targeted industry segments. This Industry
Advisor focused approach lo investing is the cornerstone of Beekman’s investment strategy — creating value through
accelerating growth and transformational change in partnership with small and middle—market management teams. For
more information. please visit http:Ilwww.thebeekmangroup.com.
About Respario
Respario designs. develops. deploys, and manages turn key digitalsignage solutions forclients.Solutions include network
https:l/www.prweb.corn/printerf l 6461 606.htm 8/ 1 23201 9
Mesmerlze Acqulres Pharmacy Health Network, establishes Digital Network in Doctors’ Page 2 of 2
infrastruc1ure. technology support. content creation
and production. and on-going maintenance to allow customers to create
strategicmessaging in theirlocations.
For more information, please visithttp:llwww.respario.com.
Contact Information
Regina LoBiondo
HeraldPR
httgzllwwwheraldpncom
+1 2122203898 Ext: 708
Dlsclalmer: you have any questions regarding information in these press releases please contact lhe company listed in the press release.
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Preview
4 WRIT / 4 NOT ESERVE‘. FILED DALLAS COUNTY 8/13/2019 3:13PM DC—l9—ll844 FELICIA PITRE CAUSE NO. DISTRICT CLERK Belinda Hernandez REAL DIGITAL MEDIA, LLC, IN THE DISTRICT COURT Plaintiff/Garnishor, V. MESMERIZE MARKETING LLC, OF DALLAS COUNTY, TEXAS MESMERIZE MEDIA HOLDINGS LLC, MESMERIZE MEDIA LLC, OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO MESMERIZE MEDIA MANAGEMENT LLC AND MESMERIZE, LLC, Gamishees RESPARIO, LP, 95th JUDICIAL DISTRICT Defendant/Judgment Debtor PETITION FOR POST-JUDGMENT WRIT OF GARNISHMENT Plaintiff and Garnishor Real Digital Media, LLC (“RDM”) makes application the issuance 0f a post-judgment Writ 0f Gamishment against Mesmerize Marketing LLC; Mesmerize Media Holdings LLC; Mesmerize Media LLC; Mesmerize Media Management, LLC; and Mesmerize, LLC (collectively “Garnishees”), and respectfully shows the Court as follows: I. PARTIES Plaintiff Real Digital Media, LLC is an Ohio limited liability company authorized t0 d0 business in Texas. Garnishee Mesmerize Marketing LLC is a Delaware limited liability company. It maintains its principal place 0f business at 505 8th Avenue, Suite 1003, New York, NY 10018. Mesmerize Marketing can be served with process through its registered agent for service Cogency Global, Inc., 850 New Burton Road, Suite 201, Dover, DE 19904. Garnishee Mesmerize Media Holdings LLC is a Delaware limited liability company. It maintains its principal place of business at 505 8th Avenue, Suite 1003, New York, NY 10018. Mesmerize Media Holdings can be served with process through its registered agent for service Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808. Garnishee Mesmerize Media LLC is a Delaware limited liability company. It maintains its principal place of business at 417 Montgomery Street, Ste. 200, San Francisco, CA 94104. Mesmerize Media LLC can be served with process through its registered agent for service in Texas Becky Rodriguez, 2828 East Trinity Mills Road, Ste. 380, Carrollton, Texas 75006. Garnishee Mesmerize Media Management LLC is a Delaware limited liability company. It maintains its principal place of business at 505 8th Avenue, Suite 1003, New York, NY 10018. Mesmerize Media LLC can be served with process through its registered agent for service Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808. Garnishee Mesmerize, LLC is a Delaware limited liability company. It maintains its principal place of business at 505 8th Avenue, Suite 1003, New York, NY 10018. Mesmerize Media LLC can be served with process through its President / Chief Executive Officer Gregory Leibert at that address. Judgment Debtor, Respario, LP (“Respario”), is a Texas limited partnership. Its last known address is 14800 Quorum Drive, Suite 475, Dallas, Texas 75254. II. FACTS On May 30, 2019, the Court signed a Stipulated Consent Judgment against Defendant Respario, LP (the “Judgment Debtor”) (the “Judgment”). A copy of the Judgment is attached hereto as Exhibit “A.” The Judgment was rendered in a case styled Case No. DC-18-16903; Real Digital Media, LLC v. Respario, LP, in the 95th District Court of Dallas County, Texas, and Petition for Post-Judgment Writ of Garnishment Page 2 AUSTIN 59542-7004 28415v1 awarded RDM Three Hundred Twenty-Two Thousand One Hundred Eighty Seven and 69/100 Dollars ($322,187.69). See Exhibit “A.” The Judgment is final, valid, subsisting, and has not been stayed or superseded by bond. The amount of the Judgment remains unsatisfied is $287,187.69. RDM is not aware of any property possessed by the Judgment Debtor in Texas that is unencumbered and subject to execution sufficient to satisfy the Judgment. RDM does not seek a Writ of Garnishment to injure Garnishees or the Judgment Debtor. Instead, RDM has reason to believe and does believe that the Judgment Debtor is providing services to Garnishees and that Garnishees owe money to Judgment Debtor for those services. See Exhibit “B” (Affidavit of John R. Nelson). III. AFFIDAVIT This application is supported by the Affidavit of John R. Nelson, a person having knowledge of the relevant facts. RDM is entitled to the issuance of a Writ of Garnishment on the grounds stated herein and in the Affidavit attached hereto as Exhibit “B,” which is hereby fully incorporated into this Application. IV. PRAYER FOR THESE REASONS, RDM respectfully requests that (i) a Writ of Garnishment be issued and served upon each of the Garnishees; (ii) to the extent that Garnishees are indebted to Judgment Debtor, that RDM be granted a judgment against Garnishees for that amount to satisfy the unsatisfied portion of the Judgment, along with all costs and interest allowed by law, and (iii) RDM be granted all other relief to which it is entitled. Petition for Post-Judgment Writ of Garnishment Page 3 AUSTIN 59542-7004 28415v1 Respectfully submitted, )4; M..— By: John R. Nelson State Bar N0. 00797144 DICKINSON WRIGHT PLLC 607 West Third Street, Suite 2500 Austin, Texas 78701 Telephone: 5 12—770-42 14 Fax: 844-670-6009 inelson@dickinsonwright.com ATTORNEYS FOR PLAINTIFF / GARNISHOR REAL DIGITAL MEDIA, LLC Petition for Post-Judgment Writ of Garnishment Page 4 AUSTIN 59542-7004 28415V1 EXHIBIT A QRMEQNAL Cause No. DC-IS-l6903 REAL DIGITAL MEDIA, LLC. § TN THE DISTRICT COURT Plailmfl § § v. § 0F DALLAS COUNTY TEXAS § RESPARIO, LP, § Defendant 95‘” JUDICIAL DISTRICT § STIPULATED CONSENT JUDGM T This matter having come before [he Court by consent of all parties, and the terms being consented to by hereby all parties, it is ORDERED AND ADJUDGED that Defendant Respario, LP is liable to the PIaimifchal Digital Media, LLC in the amount ofThree Hundred Twenty Two Thousand One Hundred Eighty ° Seven and 693100 Dollars ($322,! 87.69). Plaintiffshall be entitled o immedint cxccg n on the Stipulated Consent Judgnem nfler entry by Ihc CI k of Court. SO ORDERED this ' %£2 day of M K44” AGREED R. Nelson Bar No. 00797144 State Dickinson Wright PLLC 303 Colorado, Suite 2050 Austin, Texas 78101 S I 2-770-42 l4 (Tel) 844-670-6009 (Fax) jnclson@dickinsonwn‘ght.com Counsel for PlaintiffReal Digim! Media, LLC eilR. Burger State Bar No. 24036289 Carringion, Coleman, Sloman & Blumenthal, LLP 901 Main Sweet, Suite 5500 Dallas, Texas 75202 214-855-3000 (Tel) 214-855-1333 (Fax) nburger@ccsb.com Counsel for Defendant Respnn'o, LP AUSTIN 59542-7004 21 771v1 EXHIBIT B CAUSE N0. REAL DIGITAL MEDIA, LLC, IN THE DISTRICT COURT Plaintiff/Gamishor, V. MESMERIZE MARKETING LLC, OF DALLAS COUNTY, TEXAS MESMERIZE MEDIA HOLDINGS LLC, MESMERIZE MEDIA LLC, WWWWWWWWWWDWWDWWWWW MESMERIZE MEDIA MANAGEMENT, LLC AND MESMERIZE, LLC, Garnishees RESPARIO, LP, 95th JUDICIAL DISTRICT Defendant/Judgment Debtor AFFIDAVIT OF ,IOHN R. NELSON THE STATE OF TEXAS § § COUNTY OF TRAVIS § BEFORE ME, the undersigned notary, on this day personally appeared John R. Nelson, a person whose identity isknown to me, and after administration of the oath, stated as follows: 1. “My name is John R. Nelson. I represent the Plaintiff in the above-referenced matter (the “Matter”). I am over the age of twenty-onc (21) years, have never been convicted of a felony or a crime of moral turpitude, and am competent and authorized to make this affidavit. I have personal knowledge of the true and correct facts stated below gained during the course of my dealings with the Judgment Debtor (as defined below) in this Matter. Plaintiff Real Digital Media, LLC (“RDM”) is the judgment creditor in this Matter. Plaintiff RDM is an Ohio limited liability company with its principal place of business in Dayton, Ohio. RDM is registered to conduct business in Texas as a foreign limited liability corporation. The name of the Judgment Debtor in this Matter is Respario, LP (the “Judgment Debtor”). It’s last known address is 14800 Quorum Drive, Suite 475, Dallas, Texas 75254. AFFIDAVIT or JOHN R. NELSON Page l 3. RDM owns a judgment against the Judgment Debtor (the “Judgment"). Attached hereto as Exhibit B-l is a true and correct copy of the Judgment. The Judgment was rendered in a case styled Case N0. DC-18-16903; Real Digital Media, LLC v. Respario, LP, in the 95'“ District Court of Dallas County, Texas, and awarded RDM Three Hundred Twenty-Two Thousand One Hundred Eighty Seven and 69/100 Dollars ($322,187.69). 4. The Judgment is final, valid, subsisting, and has not been stayed or superseded by bond. The Judgment is for a debt that is just, due, and unpaid. 5. The amount now due on the unpaid judgment is $287,187.69. 6. It is my understanding that the Judgment Debtor does not possess property in Texas that can be readily attached 0r levied on by ordinary legal process. 7. On information and belief, I have reason to believe that the Judgment Debtor has non-cxempt property including, but not limited to the following: Payments due from Mesmerize for services rendered by Judgment Debtor as part of its contractual relationship with Mesmcrize. This belief is based on press AM releases issued by Mesmerize and Judgment Debtor. See Exhibit B-2. Further affiant sayeth not. John R. Nelson SUBSCRIBED TO AND SWORN TO BEFORE ME by John R. Nelson on thls . / 51L day of August 2019, to certify which witness AUSTIN 59542-7004 2841 6V1 my hand and mmseal of office. Notary Public, #543133 StaHf Tygxas amsussem gfiwInn“ Myuomrymmmmss '3“ AFFIDAVIT OF JOHN R. NELSON Page 2 EXHIBIT B-1 OR‘G BNAL Cause No. DC-18-16903 REAL DIGITAL MEDIA. LLC, § [N THE DISTRICT COURT Hairmfl' § § v. § 0F DALLAS COUNTY TEXAS § RESPARIO, LP, § Defendant § 95'“JUDICIAL DISTRICT STIPUL TE ONSENTJ D M T This matter having come before the Court by consent of all parties,and the terms being consented to by hereby all parties, it is ORDERED AND ADJUDGED that Defendant Respario. LP is liable to the PlaintiffReaI Digital Media. LLC in the amount ofThree Hundred Twenty Two Thousand One Hundred Eighty Seven and 69/ I 00 Dollars ($3 22,1 8169). Plaintiffshall be entitWint . cxccu ' un on the Stipulaled Consent Judynent after entry by the CI - ‘. of Court," so ORDERED this @flday or AGREED Kd-fl/J-m iohfi R. Nelson State Bar No. 00797144 Dickinson Wright PLLC 303 Colorado, Suite 2050 Austin, Texas 7870i 512-770-4214 (Tel) 844-670-6009 (Fax) jnelson@dickinsonwdght.com Counsel for Plaintiff Rea! Digital Media, LLC eil R. Burger State Bat No. 24036289 Carrington, Coleman, Sloman & Blumenthal, LLP 90l Main Street, Suite 5500 Dallas, Texas 75202 214-855-3000 (Tel) 214-8554 333 (Fax) nburger@ccsb.com Counsel for Defendant Respnrio, LP AUSTIN 59542-7004 21771v1 EXHIBIT B-2 Pharmacy Health Network Acqulred By Mesmerize, With Big Expansion Plans Into Medi... Page 2 of 7 Pharmacy Health Network Acquired By Mesmerize, With Big Expansion Plans Into Medical Offices August 8, 2019 by Dave Haynes The Pharmacy Health Network (PHN) — which does ad-based screens in — retail pharmacies has been acquired by an OOH media and marketing company that has plans to expand into medical care environments. Mesmerize says it will “accelerate growth beyond the 1, 100 PHN locations currently deployed across the coun try by scaling the network to include national pharmacy chains in the coming months, while also immediately launching digital platforms in other point—of-care venues, as Mesmerize Health Network.” The initia! Mesmerize Health Network rollout will be focused on waiting room TV screens in specialty doctors’ offices and community—based organizations, treating and caring for people living with infectious diseases including HlV/AIDS. Screenfeed CO NTENT ga§§mémwen you want. Mesmerize had earlier partnered with Respario, a digital signage operator and the seller of Pharmacy Health Network. Respario will be retained by\ Mesmerize to continue operating the digital signage on the pharmacy https :waw.sixteen-nine.net/20 l 9!081'08fpharmacy-hea1th-network-acquired-by-mesmeriz. .. 8f l 2.00 1 9 t’narmacy Health Network Acqmred By Mesmerize, With Big Expansion Plans Into Medi... Page 3 of 7 network and to deploy and manage digital solutions across the Mesmerize Health Network. Mesmerize says a couple of side~benefits coming out of the deal are custom healthcare content and fresh media player hardware installed in all PHN locations over the last year. Going into the point of care business puts the company in competition with Chicago—based Outcome Health, which was by far the big dog in digital OOH for the medical space, but went through a very rough patch recently that saw the founders leave under a cloud of suspicion about cooked numbers. The company has since sold a majority stake to a private equity firm. Bio Twitter Linkedln Latest Posts Dave Haynes Editor/Founder at Sixteen2Nine Dave Haynes is the founder and editor of Sixteen:Nine, an online publication that has followed the digital signage industry for more than 13 years. Dave does strategic advisory consulting work for many end-users and vendors, and also writes for many of them. He's based near Halifax, Nova Scotia. Share this: I BUSINESS, Digital OOH https:ffwww.sixteen-nine.net/201 9/08/08/phan'nacy-health-network-acquired-by-mesmeriz... 8/ 12/201 9 rnarmacy Health Network Acqulred By Mesmerize, With Big Expansion Plans Into Medi... Page 4 of 7 V advertising, digital out of home, DOOH, Mesmerize, Outcome Health, Pharmacy Health Network, Respario < Previous: Empire Opens State Building Screen-Filled Museum Designed To Entertain, Educate Observatory Line-ups > Next: CRI Paid About $8.5M For Allure, $6.3M In Cash Leave a Comment * Name * Emai! Website El Save my name, email, and website in this browser for the next timel comment. U Notify me of new posts by email. https:ffwwwsixteen-ninemct/ZO 1 91’08308fpha1macy-hea1th-network-acquired-by-mesmeriz. .. 8f l 2f20 l 9 Mesmenze Acqulres Pharmacy Health Network, establishes Digital Network in Doctors’ Page lof 2 elsmN' PRWeb Mesmerize Acquires Pharmacy Health Network, establishes DigitalNetwork inDoctors' Offices and Community Based Organizations Mesmerize, an out-of-home media company, has acquired Pharmacy Health Network. a digitai network dedicated to retail pharmacies. Mesmerize will expand that network to doctors' offices and community based organizations. NEW YORK (PRWEB) August o7. 201 9 Mesmerize, a prominent out-of-home media company specializing in providing patient education at the point-of-care. announced today its acquisition of Pharmacy Health Network (PHN). the only out-of-home digital network dedicated toretail pharmacies. Mesmerize. a Portfolio Company of the Beekman Group, will accelerate growth beyond the 1.100 PHN locations currently deployed across the country by scaling the network to include national pharmacy chains in the coming months. while also immediately launching digital platforms in other point-of-care venues. as Mesmerize Health Network. The initial Mesmerize Health Network rollout will be focused on waiting room TV screens in specialty doclors' offices and communily-based organizations. treating and caring for people living with infectious diseases including HIVIAIDS. “Mesrnerize will capitalize on and expand upon the best in class practices. products and technology used by Pharmacy Health Network as we grow our digital footprint in pharmacies and launch Mesmerize Health Network in our other point of care venues." said Gregory Leibert, CEO of Mesmerize. "This acquisition gives us a decade of experience with digital signage at point of care and comptiments the strengths of Mesmerize as we enter this next chapter." Mesmerize partnered with Respario, a digital signage operator and the seller of Pharmacy Health Network last year to deliver patientengagement and education by coupling PHN's leading technofogy with Mesmerize's reputation for quality media products and its key relationships with advertisers and agencies. This acquisition solidifies Mesmerize’s commitment Io patient education and tech-forward thinking. as the acquisition includes custom healthcare content as well as new media players. installed in all PHN locations over the last year. Respario be retained by Mesmerize to continue operating the digital signage on the pharmacy network and will todeploy and manage across the Mesmerize Health Network. digital solutions “Since 2009, Pharmacy Health Network has been a trusted voice in pharmacies, a value-added media solution for independent and chain pharmacies. and an effective platform for healthcare advertisers.” said Ian Stone. President and Chief Experience Officer of Respario. “The combination of PHN and Mesmerize will deliver digital solutions across the POC spectrum and provide a robust set of solutions for engagement throughout a patient’s healthcare journey.” Point-of—care advertising stimulates patients to discuss brands directly with their physicians and pharmacists and inspires patients lo take action. Adults that saw healthcare ads in a doctor's office or pharmacy are 84% more likely than the average U.S. adult lo discuss thead with their doctor.and 80% of adults took action after seeing an ad at the poinl-of-care. About Mesmerize Mesmerize is a specialty out-of-home advertising company focused in three primary areas: transit, point-of-care. and point- of-sale. Mesmerize. under the BriteVision name. also produces custom coffee sleeves for cafés. convenience stores and other distribution partners, in addition to the sleeves produced for advertisers. Mesmerize is headquartered in New York. NY and Oakland, CA. For more information. please visit htthMwwmesmerizesom. About the Beekman Group The Beekman Group is a leading private equity firm. based in New York, dedicated to bringing financial and operations resources to lower middle—market companies. Beekman's team consists of experienced private equity professionals. as well as a select group of Industry Advisers, who are leading executives in Beekman‘s targeted industry segments. This Industry Advisor focused approach lo investing is the cornerstone of Beekman’s investment strategy — creating value through accelerating growth and transformational change in partnership with small and middle—market management teams. For more information. please visit http:Ilwww.thebeekmangroup.com. About Respario Respario designs. develops. deploys, and manages turn key digitalsignage solutions forclients.Solutions include network https:l/www.prweb.corn/printerf l 6461 606.htm 8/ 1 23201 9 Mesmerlze Acqulres Pharmacy Health Network, establishes Digital Network in Doctors’ Page 2 of 2 infrastruc1ure. technology support. content creation and production. and on-going maintenance to allow customers to create strategicmessaging in theirlocations. For more information, please visithttp:llwww.respario.com. Contact Information Regina LoBiondo HeraldPR httgzllwwwheraldpncom +1 2122203898 Ext: 708 Dlsclalmer: you have any questions regarding information in these press releases please contact lhe company listed in the press release. If Please do not contact PRWeb®. We will be unable to assist you with your inquiry. PRWeb® disclaims any content contained in these releases. Our complete disclaimer appears here. 0 Copyright 1997-2013, Vocus PRW Holdings. LLC. Vocus. 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