Deuell - Filestamped Plaintiffs Original Petition

CAUSE NO.

TEXAS RIGHT TO LIFECOMMITTEE, INC.

Plaintiff,

v.

BOB DEUELL

Defendant.

IN THE DISTRICT COURT

OF HARRIS COUNTY

JUDICIAL DISTRICT

PLAINTIFFS ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

Plaintiff Texas Right to Life Committee, Inc. (Texas Right to Life) files this Original

Petition in complaint of Bob Deuell. In support thereof, Texas Right to Life would show the

Court the following:

I.DISCOVERY CONTROL PLAN

Discovery in this case should be conducted in accordance with Rule 190.3 [Level 2] of

the Texas Rules of Civil Procedure.

II.PARTIES

Plaintiff Texas Right to Life Committee, Inc., the oldest, largest, and only statewide pro-

life organization in Texas, is a not-for-profit corporation that works to spearhead a pro-life

agenda in the Texas Legislature by, among other activities, tracking and publishing the voting

records of elected officials on key pieces of legislation that support the defense of innocent

human life from the moment of conception until natural death. It is organized under Texas law

and maintains its principal place of business in Houston, Harris County, Texas.

6/5/2014 11:12:47 AMChris Daniel - District Clerk Harris County

Envelope No. 1452510By: Sherryl Dewalt

201432179

152nd

Bob Deuell is the current incumbent State Senator for Senate District 2 and may be

served at 6403 Creekside Drive, Greenville, Hunt County, Texas 75402. Bob Deuell was

defeated in the recent Republican Primary Run-off Election on May 27, 2014.

III.JURISDICTION AND VENUE

This Court has personal jurisdiction over the Defendant because he resides in Texas, and

because a substantial part of the events giving rise to this cause of action occurred in Texas.

The matters in controversy fall within this Courts general jurisdiction, and the amount in

controversy exceeds this Courts minimum jurisdictional limits.

Venue is proper in Harris County, Texas, whereupon information and belief, all or a

substantial part of the causes of action set forth herein arose.

IV.FACTUAL BACKGROUND

Texas Right to Life is a Texas not-for-profit corporation that is primarily engaged in

promoting the common good and general welfare of the people of Texas by advancing the cause

of life. Texas Right to Life achieves this purpose by informing the public on the myriad life

issues and influencing legislation relevant to advancement of the pro-life cause.

During the March 4, 2014 Republican Party Primary, Defendant was a candidate for re-

election to the office of State Senator for Senate District 2.1 Defendant faced two challengers in

the March Republican Primary wherein he received 48.49% of the vote forcing a run-off election

with Bob Hall who received 38.81% of the vote in the March Republican Primary.

1 Senate District 2 is composed of Delta, Hopkins, Hunt, Rockwall, Kaufman, Fannin, Rains, and Van Zandtcounties, and parts of Dallas County.

Pursuant to TEX. ELEC. CODE CH. 172, the Run-off Primary Election was conducted on

May 27, 2014. Defendant was defeated in the run-off election.2

During the 83rd Session of the Texas Legislature, Defendant Bob Deuell authored SB303.

Texas Right to Life aggressively opposed SB303 during the 83rd Texas Legislature as

counter to the pro-life cause. Texas Right to Life testified against the legislation, lobbied other

members of the legislature to defeat the measure, and published editorials detailing its position to

the general public through various media outlets. Texas Right to Life was joined by seventeen

other state and national organizations in opposing SB303.

On or about May 7, 2014, Texas Right to Life produced and recorded a radio ad for

dissemination on radio stations throughout Senate District 2, informing the public of Defendants

authorship and support of legislation that was contrary to the pro-life cause in Texas.

On or about May 9, 2014, Texas Right to Life hired a third party to purchase air time for

their radio ad on radio stations that would reach the general public to inform the public on the

issue concerning Defendants voting record.

On or about May 14, 2014, Defendant engaged legal counsel to contact at least two of the

radio stations with which Texas Right to Life had contracted to air their radio ad and demanded

the immediate cessation of the broadcasting of Texas Right to Lifes radio ad.

Upon receipt of the cease and desist letter from Defendants counsel, both Cumulus

Media and Salem Communications halted the airing of Texas Right to Lifes radio ad in

violation of the rights of Texas Right to Life to buy and publish its opinions and facts regarding

candidates in Texas elections.

As means of mitigation and in response to the disruption of the original radio ad by

Defendant, Texas Right to Life purchased additional air time on these same stations to achieve2 Bob Hall received 50.41% of the vote and Bob Deuell received 49.58% of the vote.

the level of market penetration that was desired from the original contracts with Cumulus Media

and Salam Communications.

V.CAUSE OF ACTION

TORTIOUS INTERFERENCE WITH EXISTING CONTRACT

Texas Right to Life incorporates all preceding allegations.

Texas Right to Life sues Defendant for tortious interference with existing contracts.

Defendants had actual and/or constructive knowledge of the existence of, terms of, and

Texas Right to Lifes interest in and rights under the contacts for placement and airing of their

radio ad with Cumulus Media and Salem Communications.

Defendant purposefully, and with conscious disregard for the legally protected rights of

Texas Right to Life, tortiously interfered with Texas Right to Lifes legally protected rights

under contacts for placement and airing of their radio ad with Cumulus Media and Salem

Communications.

The willful and intentional acts of Defendant invaded, impaired, or otherwise interfered

with these contracts in numerous ways, including, but not limited to, significantly reducing the

number of times the radio advertisement would air and reducing their effectiveness as public

information tools.

The interference described herein was without any justification and privilege.

The interference described herein was/is a proximate and producing cause of Texas Right

to Lifes various damages.

Various harms caused by the interference with the Texas Right to Life contracts with

Cumulus Media and Salem Communications are immeasurable. Specifically, but not by way of

limitation, the limitation of the number of times that the radio ad was broadcast had an impact on

the number of people who could hear and react to the message.

VI.ACTUAL DAMAGES

Texas Right to Life incorporates all preceding allegations.

As a proximate, producing, foreseeable or other cause of the acts and/or omissions recited

above, Texas Right to Life has suffered actual damages in excess of the minimum jurisdictional

limits of this Court. Texas Right to Life requests an award of all its actual damages in the

maximum amount permitted by law, to be entered against the Defendant jointly and severally.

These damages include, but are not limited to, the cost of production and placement of a second

radio ad to run in the place of the original radio and the loss of airtime for the original radio ad.

Additionally, or alternatively if necessary, Defendant has profited from conscious

wrongdoing and has been unjustly enriched by his tortious interference with Texas Right to

Lifes legally protected rights, without justification and in conscious disregard of Texas Right to

Lifes rights. To the extent necessary, Texas Right to Life asserts that it is entitled, as an

alternative remedy, to full restitution of all profit realized by Defendant from such actions.

Additionally or alternatively, Texas Right to Life seeks recovery of its costs and out-of-

pocket expenses in seeking to cover or, alternatively, seeking to mitigate the damages and harms

it has suffered by virtue of Defendants actions.

VII.OTHER RELIEF

Texas Right to Life also requests that it recover pre- and post-judgment interest and court

costs to the extent permitted by Texas law.

VIII.JURY DEMAND

Texas Right to Life demands that all matters of fact be decided by a jury and denies that

any matter at issue in this case is subject to arbitration.

IX.REQUEST FOR PRESERVATION OF DOCUMENTS

Texas Right to Life requests that Defendant immediately cease all routine document

destruction of any documents, including e-mails and electronic media, pertaining to any aspect of

the transactions made the basis of this lawsuit or any other parties or other related transactions

pertaining to any claim or anticipated defense.

X.PRAYER FOR RELIEF

WHEREFORE, PREMISES CONSIDERED, Texas Right to Life respectfully requests

that after final jury trial, this Court award Texas Right to Life all relief requested herein as well

as such other and further relief, both general and special, as to which Texas Right to Life may

show itself justly entitled, whether at law or in equity.

Respectfully submitted,

BEIRNE,MAYNARD&PARSONS, L.L.P.

By: /s/ Joseph M. NixonJAMES E. TREY TRAINOR, IIIBEIRNE, MAYNARD & PARSONS, LLP401 W. 15th Street, Suite 845Austin, Texas 78701Telephone: (512) 623-6700Facsimile: (512) 623-6701Email: [email protected]

And

JOSEPHM. NIXONBEIRNE, MAYNARD & PARSONS, LLPState Bar No. 152448001300 Post Oak Blvd., 25th FloorHouston, Texas 77056-3000Telephone: (713) 871-6809Facsimile: (713) 960-1527Email: [email protected]

ATTORNEYS FOR PLAINTIFFTEXAS RIGHT TO LIFE COMMITTEE, INC.

1995009v.3 IMANAGE 105380

Joseph M. Nixon [email protected] Texas Right to Life Committee, Inc.

1300 Post Oak, Ste 2500 713-623-0887

Bob DeuellHouston, Texas 77056 713-960-1527713-960-1527

/s/ Joseph M. Nixon 15244800

Rev 2/13

Instructions for Completing the Texas Civil Case Information Sheet A civil case information sheet must be completed and submitted when an original petition or application is filed to initiate a new civil, family law, probate, or mental health case or when a post-judgment petition for modification or motion for enforcement is filed in a family law case. The information should be the best available at the time of filing. If the original petition, application or post-judgment petition or motion is e-filed, the case information sheet must not be the lead document. This sheet, required by Rule 78a of the Texas Rules of Civil Procedure, is intended to collect information that will be used for statistical and administrative purposes only. It neither replaces nor supplements the filings or service of pleading or other documents as required by law or rule. The sheet does not constitute a discovery request, response, or supplementation, and it is not admissible at trial. The attorney or self-represented (pro se) plaintiff/petitioner filing the case or post-judgment petition or motion should complete the sheet as follows: 1. Contact information

a) Contact information for person completing case information sheet. Enter the following information: x name; x address; x city, state, and zip code; x email address; x telephone number; x fax number, if available; x State Bar number, if the person is an attorney; and x signature. (NOTE: When a case information sheet is submitted electronically, the signature may be a scanned image

or /s/ and the name of the person completing the case information sheet typed in the space where the signature would otherwise appear.)

b) Names of parties in the case. Enter the name(s) of the:

(NOTE: If the name of a party to a case is confidential, enter the partys initials rather than the partys name.) x plaintiff(s) or petitioner(s); x defendant(s) or respondent(s); and x in child support cases, additional parties in the case, including the:

o custodial parent; o non-custodial parent; and o presumed father.

Attach an additional page as necessary to list all parties.

c) Person or entity completing sheet is. Indicate whether the person completing the sheet, or the entity for which the sheet is being completed, is: x an attorney for the plaintiff or petitioner; x a pro se (self-represented) plaintiff or petitioner; x the Title IV-D agency; or x other (provide name of person or entity).

2. Case type.

Select the case category that best reflects the most important issue in the case.

You must select only one.

3. Procedure or remedy. If applicable, select any of the available procedures or remedies being sought in the case. You may select more than one.

4. Damages sought. Select the damages being sought in the case: (NOTE: If the claim is governed by the Family Code, do not indicate the damages sought.) x only monetary relief of $100,000 or less, including damages of any kind, penalties, costs, expenses, pre-judgment

interest and attorney fees; x monetary relief over $100,000 or less and non-monetary relief; x monetary relief over $100,000 but nor more than $200,000; x monetary relief over $200,000 but less than $1,000,000; or x monetary relief over $1,000,000.

of 2CIVCI08 Revised 9/3/99

CIVIL PROCESS REQUEST

FOR EACH PARTY SERVED YOU MUST FURNISH ONE (1) COPY OF THE PLEADINGFOR WRITS FURNISH TWO (2) COPIES OF THE PLEADING PER PARTY TO BE SERVED

CASE NUMBER: __________________________ CURRENT COURT: _____________________________________

TYPE OF INSTRUMENT TO BE SERVED (See Reverse For Types): _________________________________________________

FILE DATE OF MOTION: ________________________________________________________________________________Month/ Day/ Year

SERVICE TO BE ISSUED ON (Please List Exactly As The Name Appears In The Pleading To Be Served):1. NAME: ___________________________________________________________________________________________

ADDRESS: ________________________________________________________________________________________AGENT, (if applicable): ________________________________________________________________________________

TYPE OF SERVICE/PROCESS TO BE ISSUED (see reverse for specific type): ____________________________________________SERVICE BY (check one):

ATTORNEY PICK-UP CONSTABLECIVIL PROCESS SERVER - Authorized Person to Pick-up: ________________________ Phone: _____________MAIL CERTIFIED MAILPUBLICATION:

Type of Publication: COURTHOUSE DOOR, orNEWSPAPER OF YOUR CHOICE: _______________________________________

OTHER, explain ______________________________________________________________________________

******************************************************************************************************

****

2. NAME: ___________________________________________________________________________________________ADDRESS: ________________________________________________________________________________________AGENT, (if applicable): ________________________________________________________________________________

TYPE OF SERVICE/PROCESS TO BE ISSUED (see reverse for specific type): ____________________________________________SERVICE BY (check one):

ATTORNEY PICK-UP CONSTABLECIVIL PROCESS SERVER - Authorized Person to Pick-up: _______________________ Phone: _____________MAIL CERTIFIED MAILPUBLICATION:

Type of Publication: COURTHOUSE DOOR, orNEWSPAPER OF YOUR CHOICE: _______________________________________

OTHER, explain ______________________________________________________________________________

ATTORNEY (OR ATTORNEY'S AGENT) REQUESTING SERVICE:NAME: _____________________________________________ TEXAS BAR NO./ID NO. ____________________________MAILING ADDRESS: ____________________________________________________________________________________PHONE NUMBER: __________ _______________________ FAX NUMBER: ________ ______________________

area code phone number area code fax number

EMAIL ADDRESS: ______________________________________________________________________________________

Original Petition

06/05/14

Bob Deuell6403 Creekside Drive, Greenville, Hunt County, Texas 75402

Citation

Joesph M. Nixon 152448001300 Post Oak, Ste 2500, Houston, Texas 77056

713 623-0887 713 960-1527

[email protected]

of 2

CIVCI08 Revised 9/3/99

SERVICE REQUESTS WHICH CANNOT BE PROCESSED BY THIS OFFICE WILL BE HELD FOR 30 DAYS PRIOR TOCANCELLATION. FEES WILL BE REFUNDED ONLY UPON REQUEST, OR AT THE DISPOSITION OF THE CASE.SERVICE REQUESTS MAY BE REINSTATED UPON APPROPRIATE ACTION BY THE PARTIES.

INSTRUMENTS TO BE SERVED:(Fill In Instrument Sequence Number, i.e. 1st, 2nd, etc.)

PROCESS TYPES:

NON WRIT:ORIGINAL PETITION______ AMENDED PETITION______ SUPPLEMENTAL PETITION

COUNTERCLAIM______ AMENDED COUNTERCLAIM______ SUPPLEMENTAL COUNTERCLAIM

CITATIONALIAS CITATIONPLURIES CITATIONSECRETARY OF STATE CITATIONCOMMISSIONER OF INSURANCEHIGHWAY COMMISSIONERCITATION BY PUBLICATIONNOTICESHORT FORM NOTICE

CROSS-ACTION:______ AMENDED CROSS-ACTION______ SUPPLEMENTAL CROSS-ACTION

PRECEPT (SHOW CAUSE)RULE 106 SERVICE

THIRD-PARTY PETITION: SUBPOENA______ AMENDED THIRD-PARTY PETITION______ SUPPLEMENTAL THIRD-PARTY PETITION WRITS:

INTERVENTION:______ AMENDED INTERVENTION

ATTACHMENT (PROPERTY)ATACHMENT (WITNESS)ATTACHMENT (PERSON)

______ SUPPLEMENTAL INTERVENTION

INTERPLEADER______ AMENDED INTERPLEADER

CERTIORARI

______ SUPPLEMENTAL INTERPLEADER EXECUTIONEXECUTION AND ORDER OF SALE

GARNISHMENT BEFORE JUDGMENTINJUNCTIONMOTION TO MODIFYSHOW CAUSE ORDERTEMPORARY RESTRAINING ORDER

GARNISHMENT AFTER JUDGMENT

HABEAS CORPUSINJUNCTIONTEMPORARY RESTRAINING ORDER

PROTECTIVE ORDER (FAMILY CODE)PROTECTIVE ORDER (CIVIL CODE)

BILL OF DISCOVERY:ORDER TO: _______________________________

(specify)MOTION TO: _____________________________

(specify)

POSSESSION (PERSON)POSSESSION (PROPERTY)

SCIRE FACIASSEQUESTRATIONSUPERSEDEAS

3c6fff00-af18-47f6-9f6e-b855fa5d8d51.pdfcase info sheet old copy.pdfcase info sheet2.pdfcase info sheet 2

Documents

Deuell - Filestamped Plaintiffs Original Petition