096-275590-14

CAUSE NO. ______________________

COWBOYS STADIUM, L.P.

Plaintiff,
vs.
DAWN J. BENNETT
Defendant.

FILED
TARRANT COUNTY
11/19/2014 1:41:48 PM
THOMAS A. WILDER
DISTRICT CLERK

IN THE _______ JUDICIAL

DISTRICT COURT OF

TARRANT COUNTY, TEXAS

PLAINTIFFS ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:
Cowboys Stadium, L.P. (Cowboys), files this original petition against Dawn J. Bennett
(Bennett) and respectfully alleges as follows:
I. DISCOVERY-CONTROL PLAN
1.1

Cowboys intends to conduct discovery under Level 2 of Texas Rule of Civil

Procedure 190.3 and affirmatively pleads that this suit is not governed by the expedited-actions
process in Texas Rule of Civil Procedure 169 because Cowboys seeks monetary relief over One
Hundred Thousand Dollars ($100,000.00).
II. CLAIM FOR RELIEF
2.1

Cowboys seeks monetary relief over One Million Dollars ($1,000,000.00) in

satisfaction of Texas Rule of Civil Procedure 47(c)(5).

III. PARTIES
3.1

Plaintiff, Cowboys Stadium, L.P., is a Texas Limited Partnership, with its

principal place of business in Arlington, Texas.

3.2

Defendant, Dawn J. Bennett, an individual who is a nonresident of Texas, whose

home office is located at 5335 Wisconsin Avenue NW, Suite 500, Washington, DC 20015, may

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be served with process by serving the Texas Secretary of State at 1019 Brazos Street, Austin,
Texas 78701, as defendants agent for service because defendant engages in business in Texas
but does not maintain a regular place of business in Texas or a designated agent for service of
process, and this suit arose from defendants business in Texas.
IV. JURISDICTION
4.1

The District Court has jurisdiction over this action because the amount in

controversy exceeds the minimum jurisdictional limits of the District Courts of Tarrant County,
Texas.
V. VENUE
5.1

Venue is proper in Tarrant County under sections 15.002 and 15.005 of the Texas

Civil Practices & Remedies Code because: (1) all or a substantial part of the events or omissions
giving rise to Cowboys causes of action occurred in Tarrant County, (2) and all of Cowboys
claims against Bennett arose out of the same transaction, occurrence, or series of transactions or
occurrences.
VI. FACTS
6.1

Cowboys and Bennett entered into a Cowboys Arlington Stadium Suite Lease

Agreement (Suite Agreement) on November 7, 2007.

Pursuant to the Suite Agreement,

Bennett agreed to lease suite number 242 located on the Hall of Fame Suite Level for a term of
twenty (20) years. The annual Lease Fee during the term is Five Hundred Thousand Dollars
($500,000.00) for the first ten (10) years, and there will be not be an increase in the Lease Fee
greater than three percent (3.00%) per year in each of the last ten (10) years. Over the course of
the entire twenty (20) year lease term, Bennett would pay Cowboys a minimum of Ten Million

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Dollars ($10,000,000.00). A true and correct copy of the Suite Agreement is attached hereto as
Exhibit A.
6.2

At execution of the Suite Agreement, Bennett paid Fifty Thousand Dollars

($50,000.00) (ten percent (10.00%) of the first year Lease Fee of Five Hundred Thousand
Dollars ($500,000.00)) as payment of the security deposit for the suite. From 2008 to 2012,
Bennett paid the annual Lease Fee of Five Hundred Thousand Dollars ($500,000.00) per year, as
set forth in the Suite Agreement. In 2013, Cowboys only received Two Hundred Thousand
Dollars ($200,000.00) of the annual Lease Fee, and has yet to receive any annual Lease Fee
payment for 2014, making the total outstanding annual Lease Fee balance Eight Hundred
Thousand Dollars ($800,000.00), not including late fees and accrued interest.
6.3

To date, Bennett has not paid the outstanding balance for 2013, or anything for

2014. Pursuant to Exhibit F, Section 16 of the Suite Agreement, Cowboys may terminate the
right of Bennett to use and possess the suite and declare the entire unpaid balance of the Lease
Fee (which includes the total aggregate unpaid balance of the annual lease fees for the remainder
of the term) immediately due and payable.
VII. CAUSES OF ACTION
COUNT 1 - BREACH OF CONTRACT
7.1

Cowboys reasserts the allegations in the foregoing paragraphs and incorporates

those paragraphs herein by reference.

7.2

On November 7, 2007, Cowboys and Bennett entered into a valid and enforceable

written contract known as the Suite Agreement. The Suite Agreement provides that Cowboys
will lease to Bennett suite number 242 in the Cowboys Arlington Stadium for a term of twenty

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(20) years, and Bennett will pay to Cowboys an annual Lease Fee of Five Hundred Thousand
Dollars ($500,000.00).
7.3

Cowboys fully performed their obligations under the Suite Agreement in all

respects.
7.4

Bennett breached the terms and conditions of the Suite Agreement by failing to

make the annual Lease Fee payment of Five Hundred Thousand Dollars ($500,000.00) to
Cowboys.
7.5

On at least one occasion, Cowboys has demanded that Bennett pay the annual

lease fee payments, and Bennett has failed to fulfill her obligation under the Suite Agreement.
7.6

Cowboys seeks damages in excess of the jurisdictional limits of this Court. Not

including late fees and accrued interest, Bennett owes Cowboys Seven Million Three Hundred
Thousand Dollars ($7,300,000.00), which represents the total aggregate unpaid balance of the
annual Lease Fees for the remainder of the term.
COUNT 2 - ATTORNEY FEES
7.7

Cowboys reasserts the allegations in the foregoing paragraphs and incorporates

those paragraphs herein by reference.

7.8

Cowboys is entitled to recover reasonable and necessary attorney fees and costs

from Bennett under Texas Civil Practice & Remedies Code chapter 38 and the terms and
conditions of the Suite Agreement. Cowboys retained counsel, who presented Cowboys claim
to Bennett.
VIII. CONDITIONS PRECEDENT
8.1

All conditions precedent to Cowboys claims for relief have been performed or

have occurred.

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IX. PRAYER
9.1

For these reasons, Cowboys asks that the Court issue citation for Bennett to

appear and answer, and that Cowboys be awarded a judgment against Bennett for the following:
a.

Actual damages as prayed for herein, including past and future annual
lease payments;

b.

Consequential damages;

c.

Exemplary damages as prayed for herein;

d.

Prejudgment and postjudgment interest;

e.

Court costs;

f.

Attorney fees

g.

All other relief to which plaintiff is entitled.

Respectfully Submitted,
MCCATHERN PLLC

/s/ Arnold Shokouhi

Arnold Shokouhi
State Bar No. 24056315
arnolds@mccathernlaw.com
Jerry L. Lott, Jr.
State Bar No. 24082081
jlott@mccathernlaw.com
Regency Plaza
3710 Rawlins Street, Suite 1600
Dallas, Texas 75219
(214) 741-2662 - Telephone
(214) 741-4717 - Facsimile
ATTORNEYS FOR PLAINTIFF

Plaintiffs Original Petition

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