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CAUSE NO. DC-C201500272
MATTHEW S. BOVEE,
Pro Se Plaintiff,
mor
IN THE DISTRICT COURT OF
vy. JOHNSON COUNTY, TEXAS
HOUSTON PRESS L.L.P, MARGARET
DOWNING, DIANNA WRAY, PETER
RYAN, DALLAS OBSERVER L.L.P.,
KXAN, DAWN DENNY, PATRICK
WILLIAMS, MEDIA GENERAL INC.,
VOICE MEDIA GROUP, DOES I
§
TOUCHY, AND Ts
§
Defendants.
OR On COD on con CO? CO? COD
249™ JUDICIAL DIS
LS:8 HY L- 30 S102
DIA DEFENDANTS’
OTIONS TO DIS. PURSU. TO CHAPTERS 14 AND 27 OF
THE TEXAS CIVIL PRACTICE & REMEDIES CODE
—_— eR Ee REMEDIES CODE
AND FINAL JUDGMENT
On the 9" day of November, 2015 came on to be heard and considered LIN of Television
of Texas, LP d/b/a KXAN-TV (identified by Plaintiff as “KXAN”), Media General Inc.
(collectively “Television Defendants”), Houston Press L.L.P., Margaret Downing, Dianna Wray,
Peter Ryan, and Dallas Observer, L.L.P.’s (collectively “Press Defendants”)(Television
Defendants and Press Defendants collectively “Media Defendants”) Motions to Dismiss Pursuant
to Chapters 14 and 27 of the Texas Civil Practice & Remedies Code.
The parties appeared through their attorneys of record. After careful consideration of the
Motions and evidence, the responses, if any, and considering the pleadings, supporting and
opposing affidavits, and the arguments of counsel, the Court finds that the Motions are well
taken and should be, and hereby are, in all respects GRANTED.
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that Media
Defendants’ Motions to Dismiss Pursuant to Chapters 14 and 27 of the Texas Civil Practice &
Remedies Code shall be and are hereby GRANTED in all respects.
Od NOSNHOF
NadIT IS FURTHER ORDERED, ADJUDGED AND DECREED that all claims of Plaintiff
against Media Defendants are hereby DISMISSED with prejudice in their entirety. Plaintiff shall
take nothing from these claims.
After reviewing the Media Defendants’ evidence on attorneys’ fees, costs, and expenses,
the Court now signs this Order GRANTING the Media Defendants their attorneys’ fees and costs
in bringing their Motions to Dismiss and defending against Plaintiff's claims, and sanctions
sufficient to deter the Plaintiff from bringing similar actions, and entering final judgment.
It is hereby ORDERED, ADJUDGED AND DECREED that the Affidavits of Laura Lee
Prather and James Hemphill, along with the exhibits attached to such affidavits, are hereby
ADMITTED into evidence in their entirety.
It is further ORDERED, ADJUDGED AND DECREED that pursyant to Texas Civil
Practices and Remedies Code § 27.009, Television Defendants are awarded 55,656.13
court costs, reasonable attorneys’ fees, and other expenses incurred in defending against the legal
action, which based on the evidence admitted and considered in this case this Court finds is the
amount that justice and equity requires.
It is further ORDERED, ADJUDGED AND DECREED that pursuant to Texas Civil
Practice and Remedies ode § 27.009(a)(2), the Television Defendants shall recover from
Plaintiff $ 8 in sanctions, which based on the evidence admitted and considered in
this case, this Court finds is the amount that is sufficient and necessary to deter Plaintiff from
bringing similar actions.
It is further ORDERED, ADJUDGED. AND DECREED that Plaintiff shall pay post-
judgment interest on all amounts at the rate of 5% per year, pursuant to § 304.003 of the Texas
Finance Code, until the date the amounts are paid in full.It is further ORDERED, ADJUDGED AND DECREED that if Plaintiff unsuccessfully
appeals this judgment, the Television Defendants will additionally recover:
a. $25,000 in the event of an appeal to the Court of Appeals requiring briefing;
b. $10,000 in the event of an oral argument in the Court of Appeals;
c. $20,000 in the event of a Petition for Review to the Texas Supreme Court;
d. $35,000 in the event briefing on the merits is needed at the Texas Supreme Court; and
e. $15,000 in the event of oral argument in the Texas Supreme Court.
It is further ORDERED, ADJUDGED AND DECREED pe ia 7 to Texas, Civil
Practices and Remedies Code § 27.009, Press Defendants are awarded)? for their court
costs, reasonable attorneys’ fees, and other expenses incurred in defending against the legal
action, which based on the evidence admitted and considered in this case this Court finds is the
amount that justice and equity requires.
It is further ORDERED, ADJUDGED AND DECREED that pursuant to Texas Civil
Practice and Remedies Code § 27.009(a)(2), the Press Defendants shall recover from Plaintiff
Peo in sanctions, which based on the evidence admitted and considered in this case,
this Court finds is the amount that is sufficient and necessary to deter Plaintiff from bringing
similar actions.
It is further ORDERED, ADJUDGED AND DECREED that Plaintiff shall pay post-
judgment interest on all amounts at the rate of 5% per year, pursuant to § 304.003 of the Texas
Finance Code, until the date the amounts are paid in full.
It is further ORDERED, ADJUDGED AND DECREED that if Plaintiff unsuccessfully
appeals this judgment, the Press Defendants will additionally recover:
a. $25,000 in the event of an appeal to the Court of Appeals requiring briefing;b. $10,000 in the event of an oral argument in the Court of. Appeals;
e
- $20,000 in the event of a Petition for Review to the Texas Supreme Court;
d. $35,000 in the event briefing on the merits is needed at the Texas Supreme Court; and
9°
$15,000 in the event of oral argument in the Texas Supreme Court.
It is further ORDERED, ADJUDGED AND DECREED that in accordance with the
Order of this Court granting the Media Defendants’ Motion to Dismiss Pursuant to Chapter 27 of
the Texas Civil Practice & Remedies Code, Plaintiff TAKES NOTHING on his claims against
the Media Defendants, and that all such claims are hereby DISMISSED WITH PREJUDICE,
THIS IS A FINAL JUDGMENT. ALL RELIEF NOT EXPRESSLY GRANTED
HEREIN IS DENIED.
The Court orders execution to issue for this judgment.
SIGNED of BOOM lr7; 2015.
H LE WAYNE BRIDE L
AGREED AS TO FORM AND SUBSTANCE:
Laura Lee Prather
HAYNES AND BOONE, LLP
Attorneys for LIN Television of Texas, LP d/b/a KXAN-TV and Media General, Inc.
James A. Hemphill
GRAVES, DOUGHERTY, HEARON & MOODY, P.C.
Aitorneys for Houston Press, L.L.P., Margaret Downing, Dianna Wray, Peter Ryan and Dallas
Observer, L.L.P.AGREED AS TO FORM:
Mathew S. Bovee
Pro Se
15402843_1
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CAUSE NO. DC-C201500272 MATTHEW S. BOVEE, Pro Se Plaintiff, mor IN THE DISTRICT COURT OF vy. JOHNSON COUNTY, TEXAS HOUSTON PRESS L.L.P, MARGARET DOWNING, DIANNA WRAY, PETER RYAN, DALLAS OBSERVER L.L.P., KXAN, DAWN DENNY, PATRICK WILLIAMS, MEDIA GENERAL INC., VOICE MEDIA GROUP, DOES I § TOUCHY, AND Ts § Defendants. OR On COD on con CO? CO? COD 249™ JUDICIAL DIS LS:8 HY L- 30 S102 DIA DEFENDANTS’ OTIONS TO DIS. PURSU. TO CHAPTERS 14 AND 27 OF THE TEXAS CIVIL PRACTICE & REMEDIES CODE —_— eR Ee REMEDIES CODE AND FINAL JUDGMENT On the 9" day of November, 2015 came on to be heard and considered LIN of Television of Texas, LP d/b/a KXAN-TV (identified by Plaintiff as “KXAN”), Media General Inc. (collectively “Television Defendants”), Houston Press L.L.P., Margaret Downing, Dianna Wray, Peter Ryan, and Dallas Observer, L.L.P.’s (collectively “Press Defendants”)(Television Defendants and Press Defendants collectively “Media Defendants”) Motions to Dismiss Pursuant to Chapters 14 and 27 of the Texas Civil Practice & Remedies Code. The parties appeared through their attorneys of record. After careful consideration of the Motions and evidence, the responses, if any, and considering the pleadings, supporting and opposing affidavits, and the arguments of counsel, the Court finds that the Motions are well taken and should be, and hereby are, in all respects GRANTED. IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that Media Defendants’ Motions to Dismiss Pursuant to Chapters 14 and 27 of the Texas Civil Practice & Remedies Code shall be and are hereby GRANTED in all respects. Od NOSNHOF NadIT IS FURTHER ORDERED, ADJUDGED AND DECREED that all claims of Plaintiff against Media Defendants are hereby DISMISSED with prejudice in their entirety. Plaintiff shall take nothing from these claims. After reviewing the Media Defendants’ evidence on attorneys’ fees, costs, and expenses, the Court now signs this Order GRANTING the Media Defendants their attorneys’ fees and costs in bringing their Motions to Dismiss and defending against Plaintiff's claims, and sanctions sufficient to deter the Plaintiff from bringing similar actions, and entering final judgment. It is hereby ORDERED, ADJUDGED AND DECREED that the Affidavits of Laura Lee Prather and James Hemphill, along with the exhibits attached to such affidavits, are hereby ADMITTED into evidence in their entirety. It is further ORDERED, ADJUDGED AND DECREED that pursyant to Texas Civil Practices and Remedies Code § 27.009, Television Defendants are awarded 55,656.13 court costs, reasonable attorneys’ fees, and other expenses incurred in defending against the legal action, which based on the evidence admitted and considered in this case this Court finds is the amount that justice and equity requires. It is further ORDERED, ADJUDGED AND DECREED that pursuant to Texas Civil Practice and Remedies ode § 27.009(a)(2), the Television Defendants shall recover from Plaintiff $ 8 in sanctions, which based on the evidence admitted and considered in this case, this Court finds is the amount that is sufficient and necessary to deter Plaintiff from bringing similar actions. It is further ORDERED, ADJUDGED. AND DECREED that Plaintiff shall pay post- judgment interest on all amounts at the rate of 5% per year, pursuant to § 304.003 of the Texas Finance Code, until the date the amounts are paid in full.It is further ORDERED, ADJUDGED AND DECREED that if Plaintiff unsuccessfully appeals this judgment, the Television Defendants will additionally recover: a. $25,000 in the event of an appeal to the Court of Appeals requiring briefing; b. $10,000 in the event of an oral argument in the Court of Appeals; c. $20,000 in the event of a Petition for Review to the Texas Supreme Court; d. $35,000 in the event briefing on the merits is needed at the Texas Supreme Court; and e. $15,000 in the event of oral argument in the Texas Supreme Court. It is further ORDERED, ADJUDGED AND DECREED pe ia 7 to Texas, Civil Practices and Remedies Code § 27.009, Press Defendants are awarded)? for their court costs, reasonable attorneys’ fees, and other expenses incurred in defending against the legal action, which based on the evidence admitted and considered in this case this Court finds is the amount that justice and equity requires. It is further ORDERED, ADJUDGED AND DECREED that pursuant to Texas Civil Practice and Remedies Code § 27.009(a)(2), the Press Defendants shall recover from Plaintiff Peo in sanctions, which based on the evidence admitted and considered in this case, this Court finds is the amount that is sufficient and necessary to deter Plaintiff from bringing similar actions. It is further ORDERED, ADJUDGED AND DECREED that Plaintiff shall pay post- judgment interest on all amounts at the rate of 5% per year, pursuant to § 304.003 of the Texas Finance Code, until the date the amounts are paid in full. It is further ORDERED, ADJUDGED AND DECREED that if Plaintiff unsuccessfully appeals this judgment, the Press Defendants will additionally recover: a. $25,000 in the event of an appeal to the Court of Appeals requiring briefing;b. $10,000 in the event of an oral argument in the Court of. Appeals; e - $20,000 in the event of a Petition for Review to the Texas Supreme Court; d. $35,000 in the event briefing on the merits is needed at the Texas Supreme Court; and 9° $15,000 in the event of oral argument in the Texas Supreme Court. It is further ORDERED, ADJUDGED AND DECREED that in accordance with the Order of this Court granting the Media Defendants’ Motion to Dismiss Pursuant to Chapter 27 of the Texas Civil Practice & Remedies Code, Plaintiff TAKES NOTHING on his claims against the Media Defendants, and that all such claims are hereby DISMISSED WITH PREJUDICE, THIS IS A FINAL JUDGMENT. ALL RELIEF NOT EXPRESSLY GRANTED HEREIN IS DENIED. The Court orders execution to issue for this judgment. SIGNED of BOOM lr7; 2015. H LE WAYNE BRIDE L AGREED AS TO FORM AND SUBSTANCE: Laura Lee Prather HAYNES AND BOONE, LLP Attorneys for LIN Television of Texas, LP d/b/a KXAN-TV and Media General, Inc. James A. Hemphill GRAVES, DOUGHERTY, HEARON & MOODY, P.C. Aitorneys for Houston Press, L.L.P., Margaret Downing, Dianna Wray, Peter Ryan and Dallas Observer, L.L.P.AGREED AS TO FORM: Mathew S. Bovee Pro Se 15402843_1