Flog 2727/2015 12:42:35 PM. Mare Hamlin, District Clerk ‘Brazos County, Texas Evolyn Webster CAUSE NO, 15-000505-CV-272 JOBNNY J. CHAVIS, Plaintiff, IN THE DISTRICT COURT v. JUDICIAL DISTRICT LOUISIANA STATE UNIVERSITY AND AGRICULTURAL AND MECHANICAL COLLEGE, AND TEXAS A&M UNIVERSITY § § 8 § ; BOARD OF SUPERVISORS OF § § § § § Defendant § BRAZOS COUNTY, TEXAS PLAINTIFF'S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW JOHNNY J. CHAVIS, Plaintiff, and bring this his Original Petition and in support would show the Court the following: i DISCOVERY CONTROL PLAN LEVEL Plaintiff intends that discovery be conducted under Discovery Level 2. wL PARTIES AND SERVICE A. Plaintiff, Johnny J. Chavis, is a resident of Brazos County, Texas and brings this lawsuit individually. B. Defendant, the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College (LSU) may be served by serving all of the following individuals: (1) the Honorable James D. “Buddy” Caldwell, Attomey General, 1885 N. Third ‘Street, Baton Rouge, LA 707802; (2) Ann D. Duplessis, Chair, Board of Supervisors, Louisiana 1State University, 6600 Plaza Drive, New Orleans, LA 70127; and (3) Brian T. Nichols, Executive Director, Office of Risk Management — Louisiana State University, South Stadium Rd., Baton Rouge, LA 70803. C. Defendant, Texas A&M University — College Station, Texas, is joined in this action because they are an indispensable party based on the facts of this case, and may be served by serving Mark Hussey, Interim President of Texas A&M University, at 1246 TAMU, Texas A&M University, College Station, Texas 77843-1248. mm. JURISDICTION AND VENUE ‘A. The subject matter in controversy is within the jurisdictional limits of this court. B. This court has jurisdiction over Plaintiff as he is a resident of Brazos County, Texas. This court has jurisdiction over Defendant Texas A&M University because it is a Texas educational institution that contracted with Plaintiff to pay all buyout costs associated with Plaintiff's previous contract with Defendant LSU. This court has jurisdiction over Defendant LSU because said Defendant LSU purposefully availed itself of the privilege of conducting activities in the State of Texas and established minimum contacts sufficient to confer jurisdiction over Defendant LSU, and the assumption of jurisdiction over Defendant LSU will not offend traditional notions of fair play and substantial justice and is consistent with the constitutional requirements of due process. Plaintiff would show that Defendant LSU has had continuous and systematic contacts within the State of Texas sufficient to establish general jurisdiction over said Defendant LSU. Plaintiff would also show that the cause of action arose from or relates to the contacts of Defendant LSU to the State of Texas, thereby conferring specific jurisdiction with respect to saidDefendant. Furthermore, Plaintiff would show that Defendant LSU has engaged in activities constituting business in the State of Texas. as provided by Section 17.042 of the Texas Civil Practice and Remedies Code and is subject to this State’s jurisdiction pursuant to by Section 17.042 of the Texas Civil Practices and Remedies Code. Cc Venue in Brazos County, Texas is proper in this cause under Section 15.002(a)(3) of the Texas Civil Practices and Remedies Code because Brazos County is the county of Defendant ‘Texas A&M University’s principal office in Texas. Venue in Brazos County, Texas is also proper under Section 15.002(a)(1) of the Texas Civil Practice and Remedies Code because all or a substantial part of the events or omissions giving rise to this lawsuit occurred in Brazos County, ‘Texas. Alternatively, venue in Brazos County, Texas is also proper under Section 15.002(a)(4) of the Texas Civil Practices and Remedies Code because Plaintiff resided in Brazos County, Texas atthe time of the accrual of the cause of action pleaded herein. Iv. FACTS Plaintiff Johnny J. Chavis is recognized as one of the most talented defensive coordinators in college football. After lettering in football at the University of Tennessee from 1976 to 1978, Coach Chavis began a distinguished coaching career that included employment with the University of Tennessee as a graduate assistant in 1979, as a defensive line coach and defensive coordinator at Alabama A&M (1980-1988), and returned to the University of ‘Tennessee from 1989 to 2008 as a linebackers’ coach and defensive coordinator. On January 1, 2009, Chavis entered into an Employment Agreement with the Board of Supervisors of Louisiana State University and Agricultural and Mechanic College (hereafter as,“LSU”) and joined Head Coach Les Miles’ coaching staff at LSU as a defensive coordinator and linebackers’ coach. The original term of Chavis’ Employment Agreement with LSU was from January 1, 2009 to December 31, 2011. On January 1, 2012, Chavis and LSU agreed to an Amendment to the Employment Agreement (“Amendment”), which served to extend Chavis’ employment with LSU from January 1, 2012 (“Start Date”) to December 31, 2014 (“End Date”). Under the Amendment, the Employment Agreement would commence on the Start Date and conclude on the End Date unless terminated in accordance with Section 12 of the Employment Agreement. Section 12 of the Employment Agreement was altered by the Amendment with respect to Section 12(c) relating to Termination by Chavis without cause, Under Section 12(c)(1) of the Amendment, Chavis was accorded the right to terminate his Employment Agreement with LSU ‘without cause upon thirty (30) days written notice to LSU. Further, Section 12(¢)(1) of the ‘Amendment provides that upon Chavis’ notice of termination of the Employment Agreement without cause, Chavis’ compensation and benefits under the Employment Agreement would terminate on the “termination date”, which “...shall be no later than thirty days after the written notice is provided to LSU...” In other words, the “termination date” for purposes of Chavis’ termination of the Employment Agreement without cause will be dated 30 days from the date Chavis gives LSU written notice of his notice to terminate his employment with LSU. ‘The Amendment also provides that should Chavis terminate the Employment Agreement without cause, Chavis may be responsible for paying liquidated damages to LSU in lieu of any and all other remedies available to LSU. Chavis’ obligation, if any, to pay liquidated damages to LSU in the event of his termination of the Employment Agreement without causedepends on the remaining months left on the Employment Agreement. If the remaining months ‘on the contract are between zero (0) to eleven (11) months, there are no ($0.00) liquidated damages owed by Chavis to LSU. However, if there are between 11 months to 23 months, the liquidated damages that may be owed by Chavis are $400,000.00. To the extent that liquidated damages are available to LSU, the liquidated damages may be waived at the discretion of the Chancellor and approval of the President of LSU. On or about January 10, 2013, Chavis, Miles and Joe Alleva, LSU’s Vice-Chancellor and Director of Athletics, agreed to extend Chavis’ Employment Agreement from December 31, 2014 to December 31, 2015. After completion of LSU’s 2014 regular season, Chavis, Miles and Alleva began discussions about another extension of Chavis’ Employment Agreement. By mid- December 2014, an impasse occurred in the contract extension negotiations between Chavis and LSU. (On January 2, 2015, only two days after LSU's bowl game, Joc Alleva directed a letter to Chavis demanding that Chavis immediately pay $400,000.00 to LSU as liquidated damages according to Alleva’s interpretation of Section 12(c) of the Amendment. On January 5, 2015, Chavis gave his written notice to LSU of his notice to terminate the Employment Agreement without cause. Based on Chavis’ notice of termination on January 5, 2015, the “termination date” according to the Amendment was effective thirty days after the written notice served to LSU or February 4, 2015, which falls within the 11" month remaining on Chavis’ Employment Agreement. According to Section 12(c)(1)(a) of the Amendment, Chavis does not owe LSU liquidated damages. Despite the facts and clear language of the Amendment, LSU continues to assert that it is due $400,000.00 from Chavis as liquidated damages for his termination withoutcause effective February 4, 2015. Following Chavis’ notice of termination on January 5, 2015, Chavis moved to Bryan, ‘Texas and purchased a home located in Bryan, Texas. Chavis is now employed by Texas A&M University (A&M) in College Station, Texas. Effective February 12, 2015, A&M is currently obligated to satisfy or cause to be satisfied the liquidated damages, if any, associated with Chavis’ previous Employment Agreement with LSU. While A&M has affirmed its commitment to honor its obligations under its agreement with Chavis with respect to satisfying or causing to bbe satisfied the liquidated damages, if any, due LSU under Chavis’ previous Employment Agreement with LSU, A&M is unwilling to tender the liquidated damages demanded by LSU because it does it does not believe that liquidated damages are called for under the Employment ‘Agreement as mentioned above. Chavis now seeks declatory relief from the Court to construe the provisions of the Amendment and determine whether LSU is entitled to $400,000.00 in liquidated damages, if any, and in the event the Court rules that LSU is entitled to liquidated damages, Chavis seeks declaratory relief to determine the amount of liquidated damages, if any, that A&M is required to pay to LSU on Chavis’ behalf. ve PETITION FOR DECLARATORY JUDGMENT Chavis incorporates the foregoing paragraphs by reference herein. Pursuant to Chapter 37 of the Texas Civil Practices Remedy Code, Chavis seeks a declaratory judgment from this Court declaring that Chavis is not obligated to pay LSU liquidated damages as a result of his termination of the Employment Agreement without cause, and in the event that the Court rulesthat LSU is entitled to liquidated damages, to determine the amount of liquidated damages that A&M is obligated to pay LSU, if any, on Chavis’ behalf. Relief Requested ‘There exists a genuine controversy between the parties herein that would be terminated by the granting of declaratory judgment. Plaintiff therefore requests that declaratory judgment be entered as follows: Plaintiff is not obligated to pay LSU liquidated damages as a result of his termination of the Employment Agreement without cause. Alternatively, if the Court rules LSU is in fact entitled to liquidated damages, Plaintiff requests the Court to determine the amount of liquidated damages, if any, due LSU under Chavis? previous Employment Agreement. Plaintiff reserves the right to amend or supplement additional requests for declaratory relief from the Court. VL ATTORNEY'S FEES Pursuant to Section 37.009 of the Texas Civil Practice and Remedies Code, request is made by Plaintiff for all costs and reasonable and necessary attorney's fees incurred by Plaintiff herein, including all fees and costs necessary in the event of an appeal of this cause to the Court of Appeals, the Supreme Court of Texas and the United States Supreme Court. va. PRAYER WHEREFORE, PREMISES CONSIDERED, JOHNNY J. CHAVIS, Plaintiff prays that Defendant Board of Supervisors of Louisiana State University and Agricultural and Mechanical College (LSU) and Defendant Texas A&M University be cited to appear and answer herein, and ‘that on final trial hereof that the declaratory judgment be granted as requested herein; that i]judgment be entered in favor of Plaintiff; that Plaintiff be awarded all court costs and reasonable and necessary attorney's fees incurred in prosecution of the claims made herein, and for such other and further relief that may be awarded at law or in equity. Post Office Box 4806 Bryan, Texas 77805 Telephone No. (979) 776-1325 Fax No. (979) 776-1315 bill@youngkinlaw.com ‘matt@youngkinlaw.com ATTORNEYS FOR PLAINTIFF JOHNNY J. CHAVISCivi Case INFORMATION SHEET Cate ee roe eon coms once sme_Johnny J. Chavis. v. P isi iversity ard Agr colts a Bain ate wera Ne nay end fai ct nip omen branes career Pe emer Se tee ete rar ees aera ae Soe attire or eta ee ed tr aaa re ear saeFld 22772015 12:42:25 PM Mare Hamlin, District Clerk Sera tables 300 F, 264 St, Suite 216 Brazos County Bryan TX 77803 (979) 361-4230-4240 Mare Hamlin District Clerk ISSUANCE OF PROCESS INSTRUCTIONS Coane ane IS OWS tv-21 Please issue the following type of process: tation [] Citation by Publication J Citation by Posting Cl Writ of Sequestration [] Writ ofGarnishment + [] Writ of Attachment Cisubpoena-Civil [1] Subpoena-Criminal [1 Bill of Cost ‘Requesting Party's Name, Address and Phone Number: Bill Youngkin P.O. Box 4806, Bryan, Texas 77805 [979:776:1325/Nee seen ac eactuuds Name and Address of person to be served: ‘Ann D. Duplessis, Chair, Board of Supervisors, LSU 6600 Plaza Drive New Orleans, LA 70127 Please check one: | Attormey/Runner will pick up (Put in Runners Box) Process Server will pick up (Put in Runners Box) ‘Mail to Attomey's Office/Requesting Party Forward to Sheriff's Office Serve by Certified Mail “The Brazos County District Clerk's Office cannot issue any process until the above information is provided and the correct fees have been paid.CITATION ~ OUT OF STATE CLERK OF THE COURT PLAINTIFF’S ATTORNEY Mare Hamlin, Brazos County District Clerk YOUNGKIN, BILL 300 E. 26" Street Suite 1200 3131 E, 29TH ST., STE D-200 Bryan, TX 77803 Bryan, TX 77802 THE STATE OF TEXAS NOTICE TO DEFENDANT: “You have been sued. You may employ an attorney. If you or your attomey do not file a written answer with the clerk who issued this citation by 10:00 am. on the Monday next following the expiration of twenty days after you were served this citation and petition, a default judgment may be taken against you.” TO: Ann D. Duplessis, Chair, Board of Supervisors, LSU, Defendant, GREETINGS: You are commanded to appear by filing a written answer to the Plaintiff's Original Petition at or before 10:00 a.m. on the Monday next after the expiration of 20 days after the date of service hereof, before the 272" District Court of Brazos County, Texas, at the Courthouse in Bryan, TX. Said Petition was filed on 27th day of February, 2015 numbered 15-000505-CV-272 on the docket of said court, and styled: JOHNNY J. CHAVIS vs, BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY AND AGRIGULTURAL AND MECHANICAL COLLEGE, AND TEXAS A&M UNIVERSITY ‘A copy of the Plaintiff's Original Petition accompanies this citation Issued and GIVEN UNDER MY HAND AND SEAL OF SAID COURT, at office in Bryan, Texas, on 27th, of February, 2015. Mare Hamlin, District Clerk Brazos County, Texas ADDRESS FOR SERVICE: Defendant’s Name: Ann D. Duplessis, Chair, Board of Supervisors, LSU 6600 Plaza Drive New Orleans, LA 70127 Rule 108 — Defendant without state - Where the defendant is absent from the State, or is a non- resident of the State, the form of notice to such defendant of the institution of the suit shall be the same as prescribed for citation to a resident defendant: and such notice may be served by any disinterested person competent to make oath of the fact in the same manner as provided in Rule 106 hereof. The return of service in such cases shall be endorsed on or attached to the original notice, and shalll be in the form provided in the Rule 107, and be signed and sworn to be the party making such service before some officer authorized by the laws of this State to take affidavits, under the hand and official seal of such officer. A defendant served with such notice shall be required to appear and answer in the same manner and time and under the same penalties as if he had been personally served with a citation within this State.OFFICER’S RETURN (Out of State) STATE OF 3 }BEFORE ME, THE UNDERSIGNED AUTHORITY, COUNTY OF } Personally appeared , who after being by me duly sworn deposes and says that he is above eighteen years of age, of sound mind, and in no matter interested in the within styled and numbered cause, and competent to make the oath of the facts herein stated. That the within citation came to hand on the day of. 520, at o'clock ___m., and executed in County, State of by delivering to within named defendant, to-wit: at__o’clock__m., 20 at__ o'clock _.m., 20. cach, in person, a true copy of this citation, with a true and correct copy of the petition attached thereto, having first endorsed on such copy of said citation the date of delivery. FEES — Serving this citation, S Total fees- - - - To certify which, witness my hand - (fo be signed by the person serving citation) Subscribed and swom to by the above named before me this ‘witness my hand and seal of the day of, 20__, to certify whi office. *To be used only by officer serving this citation out of state. (The party serving this citation shall sign and swear to the above return before a notary public or other officer authorized to take affidavits.) CERTIFICATE OF DELIVERY Ido hereby certify that I delivered to onthe ____day of »20__ sat O'clock am. this copy of this instrument. Affiant *Rule 107 Verification: Subscribed and swom to by the above named before me this the ___day of. 20__, to certify which witness my hand and seal of office. Person Administering OathFiled 22772018 12:42:35 PM Mare Hamlin, District Clerk Brazos County, Texas Evelyn Webstor 300 £. 26% St, Suite 216 ‘Bryan TX 77803 (679) 361-4230-4240 ‘Brazos County ISSUANCE OF PROCESS INSTRUCTIONS ‘Cause Number: “OD! SDS WN e212. Please issue the following type of process: A citation C)Citation by Publication [1 Citation by Posting Writ of Sequestration CO Writ of Gamishment (CO Writ of Attachment Cisubpoena-Civil © [] Subpoena-Criminal [1 Bill of Cost Requesting Party's Name, Address and Phone Number: Bill Youngkin P.O. Box 4806, Bryan, Texas 77805 979-776-1325 ‘Name and Address of person to be served: Honorable James D. "Buddy" Caldwell, Atlorney General 1885 N. Third Street Baton Rouge, LA 70802 Please check one: 7} Attorney/Runner will pick up (Put in Runners Box) Process Server will pick up (Put in Runners Box) Mail to Attorney's Office/Requesting Party Forward to Sheriff's Office Serve by Certified Mail ‘The Brazos County District Clerk's Office cannot issue any process until the above information is provided and the correct fees have been paid.CITATION ~ OUT OF STATE, CLERK OF THE COURT PLAINTIFF’S ATTORNEY Mare Hamlin, Brazos County District Clerk YOUNGKIN, BILL 300 E. 26" Street Suite 1200 3131 E. 29TH ST., STE D-200 Bryan, TX 77803 Bryan, TX 77802 THE STATE OF TEXAS NOTICE TO DEFENDANT: “You have been sued. You may employ an attomey. If you or your attomey do not file a written answer with the clerk who issued this citation by 10:00 a.m. on the Monday next following the expiration of twenty days after you were served this citation and petition, a default judgment may be taken against you.” TO: Honorable James D.”Buddy” Caldwell, Attorney General, Defendant, GREETINGS: You are commanded to appear by filing a written answer to the Plaintiff's Original Petition at or before 10:00 a.m. on the Monday next after.the expiration of 20 days after the date of service hereof, before the 272™ District Court of Brazos County, Texas; at the Courthouse in Bryan, TX. Said Petition was filed on 27th day of February, 2015 numbered 15-000505-CV-272 on the docket of said court, and styled: JOHNNY J. CHAVIS vs. BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY AND AGRIGULTURAL AND MECHANICAL COLLEGE, AND TEXAS A&M UNIVERSITY ‘A copy of the Plaintiff's Original Petition accompanies this citation. Issued and GIVEN UNDER MY HAND AND SEAL OF SAID COURT, a office in Bryan, Texas, on 27th, of February, 2015. Mare Hamlin, District Clerk Brazos County, Texas By Kf, Oph ron ADDRESS FOR SERVICE: Defendant’s Name: Honorable James D. “Buddy” Caldwell, Attomey General 1885 N. Thrid Street Baton Rouge, LA 70802 Rule 108 — Defendant without state — Where the defendant is absent from the State, or is a non- resident of the State, the form of notice to such defendant of the institution of the suit shall be the same as prescribed for citation to a resident defendant: and such notice may be served by any disinterested person competent to make oath of the fact in the same manner as provided in Rule 106 hereof. The return of service in such cases shall be endorsed on or attached to the original notice, and shall be in the form provided in the Rule 107, and be signed and sworn to be the party making such service before some officer authorized by the laws of this State to take affidavits, under the hand and official seal of such officer. A defendant served with such notice shall be required to appear and answer in the same manner and time and under the same penalties as if he had been personally served with a tion within this State.OFFICER’S RETURN (Out of State) STATE OF 3 )BEFORE ME, THE UNDERSIGNED AUTHORITY, COUNTY OF } Personally appeared , who after being by me duly swom deposes and says that he is above eighteen years of age, of sound mind, and in no matter interested in the within styled ‘and numbered cause, and competent to make the oath of the facts herein stated. That the within citation came to hand on the day of. »20__,at o'clock ___m., and executed in County, State of by delivering to within named defendant, to-wit: at__o’clock_m., 20 at__ o'clock __.m., 20. each, in person, a true copy of this citation, with a true and correct copy of the petition attached thereto, having first endorsed on such copy of said citation the date of delivery. FEES — Serving this citation, $ Totalfees- - - - s To certify which, witness my hand - (io be signed by the person serving citation) Subscribed and swom to by the above named before me this the day of, to certify which witness my hand and seal of office. » 20. +To be used only by officer serving this citation out of state. (The party serving this citation shall sign and swear to the above retum before a notary public or other officer authorized to take affidavits.) CERTIFICATE OF DELIVERY Ido hereby certify that I delivered to sonthe__dayof »20__sat ‘o’clock __.m. this copy of this instrument. Affiant *Rule 107 Verification: Subscribed and swom to by the above named before me this the day of, ,20__, to certify which witness my hand and seal of office. Person Administering OathFiled 22712018 12:42:35 PM Mare Hamlin, District Clerk ‘Brazos County, Texas Evelyn Webs 4300 F. 26* St., Suite 216 ‘Bryan TX 77603 (979) 361-4230-4240 Brazos County ISSUANCE OF PROCESS INSTRUCTIONS IS QO0SUSEN-272 Please issue the following type of process: Citation [J Citation by Publication [Citation by Posting O Writ of Sequestration ([] Writ ofGarnishment —L] Writ of Attachment Csubpoena-civil [] Subpoena-Criminal [1] Bill of Cost Requesting Party’s Name, Address and Phone Number: Bill Youngkin P.O. Box 4806, Bryan, Texas 77805 979-776-1325 ‘Name and Address of person to be served: Brian T Nichol, Executive Director, fic of Risk Management, LSU South Stadium Road Baton Rouge, LA 70803 Please check one: WY] Attomey/Runner will pick up (Put in Runners Box) Cause Numt Process Server will pick up (Put in Runners Box) [1 ait to Atomey's Office/Requesting Party Forward to Sheriff's Office Serve by Certified Mail ‘The Brazos County District Clerk's Office cannot issue any process until the above information is provided and the correct fees have been paid.CITATION ~ OUT OF STATE CLERK OF THE COURT PLAINTIFF’S ATTORNEY Mare Hamlin, Brazos County District Clerk YOUNGKIN, BILL 300 E. 26" Street Suite 1200 3131 E. 29TH ST., STE D-200 Bryan, TX 77803 Bryan, TX 77802 THE STATE OF TEXAS NOTICE TO DEFENDANT: “You have been sued. You may employ an attomey. If you or your attorney do not file a written answer with the clerk who issued this citation by 10:00 am. on the Monday next following the expiration of twenty days after you were served this citation and petition, a default judgment may be taken against you.” TO: Brian T. Nichols, Executive Director, Office of Risk Management, LSU, Defendant, GREETINGS: You are commanded to appear by filing a written answer to the Plaintiff's Original Petition at or before 10:00 am. on the Monday next after-the expiration of 20 days after the date of service hereof, before the 272 District Court of Brazos County, Texas; at the Courthouse in Bryan, TX. Said Petition was filed on 27th day of February, 2015 numbered 15-000505-CV-272 on the docket of said court, and styled: JOHNNY J. CHAVIS vs, BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY AND AGRIGULTURAL “AND MECHANICAL COLLEGE, AND TEXAS A&M UNIVERSITY ‘A copy of the Plaintiffs Original Petition accompanies this citation. Issued and GIVEN UNDER MY HAND AND SEAL OF SAID COURT, at office in Bryan, Texas, on 27th, of February, 2015. ‘Mare Hamlin, District Clerk Brazos County, Texas By: ADDRESS FOR SERVICE: Defendant's Name: Brian T. Nichols, Ececutive Director, Office of Risk Mangement, LSU South Stadium Road Baton Rouge, LA 70803 Rule 108 — Defendant without state — Where the defendant is absent from the State, or is a non- resident of the State, the form of notice to such defendant of the institution of the suit shall be the same as prescribed for citation to a resident defendant: and such notice may be served by any disinterested person competent to make oath of the fact in the same manner as provided in Rule 106 hereof. The return of service in such cases shall be endorsed on or attached to the original notice, and shall be in the form provided in the Rule 107, and be signed and sworn to be the party making such service before some officer authorized by the laws of this State to take affidavits, under the hand and offici seal of such officer. A defendant served with such notice shall be required to appear and answer in the same manner and time and under the same penalties as if he had been personally served with a citation within this State.OFFICER'S RETURN (Out of State) STATE OF 3 }BEFORE ME, THE UNDERSIGNED AUTHORITY, COUNTY OF 3 Personally appeared who after being by me duly swom deposes and says that he is above eighteen years of age, of sound mind, and in no matter interested in the within styled and numbered cause, and competent to make the oath of the facts herein stated. “That the within citation came to hand on the day of 7 20 at o'clock __.m., and executed in County, State of. by delivering to within named defendant, to-wit: at__o'clock__.m., 320, at__ o'clock __.m., » 20. ‘each, in person, a true copy of this citation, with a true and correct copy of the petition attached thereto, having first endorsed on such copy of said citation the date of delivery. FEES — Serving this citation, S Total fees- - - s To certify which, witness my hand - (io be signed by the person serving citation) ‘Subscribed and sworn to by the above named. before me this the day of, , 20___, to certify which witness my hand and seal of office. *To be used only by officer serving this citation out of state. (The party serving this citation shall sign and swear to the above return before a notary public or other officer authorized to take affidavits.) CERTIFICATE OF DELIVERY Ido hereby certify that I delivered to ,on the day of »20__, at o'clock ___m. this copy of this instrument. ‘Affiant *Rule 107 Verification: Subscribed and swom to by the above named before me this the __day of ,20__, to certify which witness my hand and seal of office. Person Administering OathFiled 22712018 12:42:35 PM Mare Harlin, District Clerk Brazos County, Texas, Evalya Wobstor 400 E. 26% St, Suite 216 Bryan 1X 77803 (979) 361-4230-4240 ‘Brazos County ISSUANCE OF PROCESS INSTRUCTIONS Cause Number: (S000S0S-W- ZIz Please issue the following type of process: CiCitation by Publication [1 Citation by Posting Cl writ of Sequestration [] WritofGarnishment [] Writ of Attachment Cisubpoena-Civil 1D Subpoena-Criminal D Bill of Cost Requesting Party’s Name, Address and Phone Number: Bill Youngkin P.O. Box 4806, Bryan, Texas 77805 979-776-1325 ‘Name and Address of person to be served: Mark Hussey, Interim President of TAMU 1246 TAMU Texas A&M University College Station, Texas 77843-1246 Please check one: Vv Attorney/Runner will pick up (Put in Runners Box) Process Server will pick up (Put in Runners Box) Mail to Attorney's Office/Requesting Party Forward to Sheriff's Office Serve by Certified Mail ‘The Brazos County District Clerk's Office cannot issue any process until the above information is provided and the correct fees have been paid.CLERK OF THE COURT ATTORNEY FOR PLAINTIFF ‘Mare Hamlin YOUNGKIN, BILL, 300 East 26th Street, Suite 1200 3131 E. 29THST., STE D-200 Bryan, TX. 77803, Bryan, TX 77802 ‘THE STATE OF TEXAS CITATION NOTICE TO THE DEFENDANT: “You have been sued. You may employ an store. Ifyou or your atorey donot flea ‘writen answer with th lek who issued this cation by 10:00am. on the Monday nex ftiowing the expiration af twenty dye afer you were served tis cation and petition, a default judgment may be iaken spans you.” ‘TO Mark Hussev, Interim President of TAMU who may be served at 1246 TAMU Texas A&M. University. College Station, Texas 77843-1246 Defendant, Greeting: You are hereby commanded to appear by filing a written answer to the Plaintiff's Original Petition at or before ten o'clock A.M, of the Monday next after the expiration of twenty days after the date of service of this citation before the Honorable 272nd District Court of Brazos County, Texas at the Courthouse of said County in Bryan, Texas. Said Petition was filed on the 27th day of February A.D. 2015, in the case, numbered 15-000505-CV-2720n the docket of said cour, and styled, Johnny J. Chavis Plaintiff Vs. Board of Su s of Louisiana State University and Agricultural And Mechanical College, and ‘Texas A&M University Defendants ‘The nature of Plaintiff's demand is fully shown by a tue and correct copy of Plaintif’s Original Petition accompanying this citation and made a part thereof: The officer executing the writ shall prompiy serve the sinié acéarding to requirements of the law, and the mandates thereof, and make due return a the law directs. Iseued and given under my hand and sealed of ssid Court at office, this the 27thday of February, 2018 Mare Hamlin Clerk of Brazos County; Texas By. Deputy 'FICER’S RETURN Came to hand on the day of, ,20__yat o’clock_M. Executed at _ Within the County of. at ‘o'clock _M.onthe_____ day 20__, by delivering to the within ‘bamed each, in person, a true copy of this citation together with the accompanying ‘copy of the petition, having first attached such copy of such petition to such copy of citation and endorsed ‘on such copy of citation the date of delivery. Total fee for serving this citation Sheriff Account ‘To certify which witness my hand officially. No. For Cle Use Tae ‘County, Texas Revued Reso Deputy