‘NINETEENTH JUDICIAL DISTRICT COURT PARISH! OF EAST BATON ROUGE seameon Lousiana vonan o supenvsons or LOUISIANA STATE UNIVERSITY AND F LSTIUSS A&M COLLEGE, S ‘umber: me HA versus sige Es Ld Petitioner and Plcitiff, Board of Supervisors of Louisiana State University aad A&M College, respectfully submits this Petition and represents as follows | ill PARTIES 5 1 Plaintiff BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY AND ABM COLLEGE (“LSU") isa public corporate body ofthe State of Louisiana, eeated by the “owisiana Constintion and vested with authority 12 manage the institutions and programs ‘dministerod trough the Louisions State Univesity system, 2 Made Defendant herein is JOHNNY J. CHAVIS (“Chavis”), a natural person domiciled and residing in College Station, Texas ‘VENUE 3 ‘Venue is proper in the Nineteenth Judicial District Court under La. Code Civ. Proc. art 76+, which provides that [aa ation on x coctract may be brought in the pais where... any ‘work or service was performed oz was tobe performed under the terms of the contract.” EACTUAL ALLEGATIONS 4 On January 1, 2009, LSU and Chavis (the Parties") entered into a writen “Employment ersAgreement,” attached to this Petition as Exhibit “A,” in which LSU and Chavis mutually agreed that Chavis would serve as an assistant couch of LSU's intercollegiate football team fiom January 1, 2009, util Deceenbet 31, 201 5. ‘The 2009 1SU-Chavis agreement contained various provisions regulating Chavis? ‘ompentaton, terms of employment, circumstances penniting termination of the agreement, end the stipulated damages due by either Party ifit terminated the agreement without cause. 6 On January 1, 2010, LSU and Chavis eotered info aa “Amendment to Eaiployment Agreement,” attached as Exhibit “B,” in which certain terms of Chavis' employment were ‘modified and bis employment was extended until December 31,2012. 2 (Om Jamsary 1, 2022, LSU and Chavis entered into snother “Amendment to Employment Agreement” (the Employment Agreement as amended by this last amendment is refered to hereinafter as “the Contract”), tached as Exhibit “C." which extended Chavis’ employment through December 31, 2014. 3. By @ “Memorandum of Agreement,” tached as Exhibit “D” LSU and Chavis subsequeatly agreed to extend the term of the Contract until Desembet 31, 2015, 9. ‘The Contrast contains the following provision entitled “Teemination by FMPLOVER ‘Without Cause": EMPLOYEE shall have the sight to terminate this Agreement without cause upon thirty days writen notice to LSU. In the event EMPLOYEE tenninaice tie ‘Agreement without emuse, EMPLOYEE will pay LSU lquideted damages, in lies of any and all other legal remedies or equitable relief. In the event of termination ty EMPLOYEE without cause, EMPLOYEE’s Base Salary Amount, ‘Supplemental Compensation (if any), Fringe Benefits, and all other compensation and benefits provided for in this Agresment shall terminete on the teemination date, which shall be no letr than thirty days ater the writen notice is provided to TSU (unless otherwise mutually agroed by LSU and EMPLOYEE), and TSU) shall not thereafter be liable to EMPLOYEE for any sums or damages other than ‘any compensation cerned pursuant to this Agreement prior te the termination dase, 10. ‘The termination provision continves by providing for the amount of stipulated damages ‘duc in cases of “Termination by EMPLOYEE Without Cause";‘Liquidsted damages under this Section 12,C will be as follows: ‘Remaining months on contract are between the frst day ofthe 36th ‘month remaining to the last day of the 24th month retaining — Nquidsted damages are One Million sad Noi0G dollas (S1,000,000.00); remaining months on contract are between the first day of the 23rd. ‘month remaining to the last [sc] tothe last day of the 12th month remaining — liquidsted damages are Four Hundred Thousand and 'No/100 dollars ($400,000); and ‘emaining months on contract are betwoen the first day of the 11th ‘ionth remaining to final day of the contract — there are no ($0) liquidated damages, EMPLOYEE shall have the option to pay such amount ina hump sum or in equal ‘monthly installments over a period of time equal to the amount of fime thon ‘omaining n the Agreement, including any extended term. n. ‘The Contact farther provides: ‘elated (jneluding media and sports marketing) prospective employer withowt siving a last 24 hours prior written notice tothe Athletic Director, 2, On December 31, 2014, national media outlets began reporting that “LSU Tigers ‘defensive coordinator Sohn Chavis is headed tothe Texas A&M Aggies to take the sme positon on [its] coaching staf” ‘tp://espn.go.com/college-footbell/story/ /id/12103626 defensive: ‘coordinalor-jobo-chavis heading texas-agsieslsu-tipers, B ‘On the morning of January 1, 2015, Chavis met with vations represetatives of Texas ‘ABM University (Texas A&M") in College Station, Texas, and confirmed media reports that hho had been hired as an assistant football coach st Texas ARM, rs In response, LSU Vice Chancellor and Director of Athletics Joe Alleva sent a Teter t ‘Chavis on January 2, 2015, advising him that the Contract obligated Chavis to pay LSU ‘$400,000 in stipulated damages because of his “resignation to accept the defensive coordinator Position at Texas ARM.” (Exhibit “E"),15, On January 5, 2015, Chavis wrote a letter to LSU confinning tht ie was terminating his cexmployment. (Exhibit “2"), 16 Despite amicable demand by LSU, Chavis has refused to pay LSU any amounts and ‘denics that he owes LSU any money arising out of his carly termination ofthe Contract. OF ACTION 17. ‘Chavis is Kable to LSU for damages asa result of Chavis’ beach ofthe Contract, 18, ‘The Contract obligates Chavis to pey LSU $400,000.00 in stipclated damages in the ‘vent that he terminates the Contact without cause between February 1, 2014, and January 31, 201s. 19, Because Chavis terinated the Contract without cause before January 31, 2015, he is ‘obligated to pay LSU $400,000.00, and his refusal todo so constitutes a breach of contract 20. ‘The Contact further prohibits Chavis fom, “under any circumstances, discus{ing] or ‘oestiating] crecty or indirectly prospective employment with any other institution of higher ‘veaton,* unless Chavis has given LSU either prior writen noice of such discussions or notice of temmination. 21. Because Chevis discussed, negotiated, and accepted another coaching job while under ‘contrast to LSU and without giving any required notice to LSU, he has breached the Contract DAMAGES 2. ‘AS expressly contemplated in the Contract, Chavis* termination of the Contract has ‘smsed damages to LSU, which both LSU and Chavis have agreed, in the Contract, “we ‘tmpossible to determino with any certainty.” LSU and Chavis also agre in the Contract that the{$400,000 stipalated demage amount “isa reasonable approximation of the harm thet LSU will ‘incur in the event of [Chavis'] resignation or termination.” 23. ‘Because the Parties stipulated to the amount of damages attibotable to a termination of ‘he Contract by Chavis in these circumstances, LSU expressly seeks an award of damages in the amount of $400,000. 24, In the alternative, and only in the event this Honorable Court should conclude that the liquidated. damages provision of the Contact is unenforceable as a matter of law, LSU seeks ‘compensation forall damages sustained as a result of Chavis" early termination, including without limitation: any foes, expenses, or other costs associated with the location recruitment, ‘eting, resettlement, relocation, and hiring of a replacement employee; any fees, expenses, ot ‘other costs associated withthe Forood transition of employment responsibilities, including loss of leadership, loss of mansgement continuity, los of institutional knowledge, and other economic ‘and non-economic losses; the consequent loss or departure of other coaching staff, potential coaching stall, serv, and potential recruits; and the potential adverse effet on ticket sales, ‘Profits, marketing value, licensing agreements, donative contributions, and institutional performance, 28 Waether LSU is due stipulated or x computation of damages for Chavis! early ‘enmiation, LSU is also entitle to aditiona, independent compensation for damages suffered 4% a result of Chavis? improper diseusions, negotiations, and acceptatce of alemative ‘exployment without notice to LSU. Without limitation, such damages include any incremental ‘es, expenses, cosis, of fosses of th type enumerated above, as well asthe reputational harm caused by Chavis" conduct and is attendant effect upon coach retention, player retention, sopleyee acquisition, reeuting, program marketability, uad program profitability. TRIAL BY JURY 26. {LSU is entted to and hereby demands a trial by jury on all issues so triable.PRAYER 2. WHEREFORE, after duo prococdings and delays under the Louisiana Code of Civil Procedure, Petitioner and Plaintiff LSU prays for judgment in its favor end au award of stipulated damages in the amount of $400,000 and other actual damages against Johmny J. (Chavis, 2s may be proven at trial. LSU specifically prays fora tial by jy. Respectfully submitted, "TAYLOR, PORTER BROOKS PHILLIPS LLP. By: bert W, Barton, BaP 22956 bob barton @taylorporter.com L, Adu Thames, Bar #32722 ‘dam. thames@taylorporieccom. Ryan Fret, Barf a cichaablnpgrer com $51 ond Sucee 8 Face Coso1) 2.0. Box 2a7h Bian Rouge, LA 70821 ‘Telephone (225) 387-3221 Fax (5) Sebo nore fis hour Sipe of Lutsons (Clerk of Court, please serve: Johnny J, Chavis (via Long Arm Service) ‘Texas A&M Athletis Department 756 Housion Street College Station, Texas 77843-1228