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CAUSE NO. 1 12-4 FC DALLAS SOCCER, LLC IN THE DISTRICT COURT O N Plaintiff , 3 3 V (1rL J 1 J D I C I A T i 3 E C T ; L : . [1:g DANIEL HERNANDEZ 2 J ) Defendant COLLIN CO I t I C A S 3 Cr ) t 7 ".. 74 v PLAINTIFF'S ORIGINAL PETITION . FC Dallas Soccer, LLC, Plaintiff, les this Original Petition seeking declaratory relief and respectfully shows the Court as follows:
. c t

DISCOVERY CONTROLPLAN 1. P l a i n t i f f submits that it intends to conduct discovery under Level 3 o f the Texas Rules of Civil Procedure.

PARTIES 2. P l a i n t i f f FC Dallas Soccer, L L C ("Plaintiff") i s a Texas Limited Liability Company with its principal ofce in Collin County, Texas. 3. D e f e n d a n t Daniel Hernandez ("Defendant") is an individual who resides at 421 Bandera Lane, Sunnyvale, TX 75182. Defendant may be served with process at that address.

HI. JumsnterioN & VENUE

4. T h i s Court has jurisdiction over the lawsuit because Defendant alleges Plaintiff breached a contract that was entered into, at least in part, in Collin County. Moreover, the

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performance o f that contract was and did occur, i n whole or large part, i n Collin County. Accordingly, this lawsuit is about the performance, construction, validity, and/or enforcement of that written contract, which exceed this Court's minimum jurisdictional amount. 5. V e n u e is proper in Collin County, Texas, because a substantial part of the acts and omissions giving rising to the cause of action occurred in Collin County.
I V.

FACTS 6. P l a i n t i f f and Defendant entered into a written employment agreement (the "Agreement") effective January 1, 2012. 7. O n or about December 13, 2012, Plaintiff terminated Defendant's employment for cause pursuant to the express terms of the Agreement. 8. O n o r about January 31, 2013, Plaintiff received a letter from Defendant's attorney, Stephen Malouf. M r . Malouf's letter alleges that Plaintiff breached the Agreement because there was no legitimate cause for early termination of the Agreement. M r . Malouf's letter included a non-negotiable demand based on the alleged breach of Defendant's rights under the Agreement.
V.

CAUSEOF ACTION REOUEST FOR DECLARATORY JUDGMENT 9. P l a i n t i f f reasserts and incorporates b y reference the allegations set forth i n paragraphs 68. 10. P l a i n t i f f brings this claim under Chapter 37 o f the TDCAS CIVIL PRACTICE & REMEDIESCODE for a declaratory judgment.

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11. T h e r e exists a justiciable controversy regarding the contractual rights and status of the parties. 12. P l a i n t i f f seeks a declaration from the court that the Agreement is valid and enforceable, and that its early termination of the Agreement for cause complied with the terms of the Agreement.
VI . A' rTORNEY' S FEES

13. P l a i n t i f f is entitled to recover reasonable and necessary attorney fees and costs under TEXAS CIVIL PRACTICE & REMEDIESCODE section 37.009. VIII. PRAYER WHEREFORE, Plaintiff FC Dallas Soccer, L L C requests that Defendant Daniel Hernandez be cited to appear and answer, and that upon nal hearing Plaintiff have the following: A. j u d g m e n t against Defendant; B. re a so n a b l e attorney's fees and costs of court; and C. s u c h other and farther relief to which Plaintiff may be justly entitled.

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Respectfully submitted,

Michael P. Hutchens State Bar No. 00790941 William Brent Shellhorse State Bar No. 24008022 Whitaker Chalk Swindle & Schwartz PLLC 301 Commerce Street, Suite 3500 Fort Worth, Texas 76102 Telephone: 817-878-0514 Facsimile . ATTORNEYS FOR PLAINTIFF 8 1 7 - 8 7 8 - 0 5 0 1

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