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Todd Dotson’s lawsuit against Russ Whitney 2

09/07/2004 25 ORDER REFERRING CASE to ADR. Type of ADR: Mediation in
November 2005...parties shall agree on impartial mediator no later than
9/15/04...see order for further specifics (Signed by Judge Terry R Means on
9/7/04) (pdm, ) (Entered: 09/07/2004)
09/07/2004 26 Initial SCHEDULING ORDER: Amended Pleadings due by 3/29/2005.
Discovery due by 4/29/2005. Joinder of Parties due by 10/15/2004. Motions
due by 5/21/2005. See order for further specifics (Signed by Judge Terry R
Means on 9/7/04) (pdm, ) (Entered: 09/07/2004)
09/08/2004 27 AMENDED ORDER REFERRING FOR MEDIATION IN NOVEMBER, 2004:...the
parties indicate on the joint status report that they wereamendable to being
referred for mediation;this cause is referred for mediation to be conducted
during the month of November, 2004;parties shall agree on an impartial
mediator no later than Sept 15, 2004and shall agree upon a mediation date
during the month of November 2004; if no agreement, Mediator shall select a
date;after conclusion of the mediation proceedings, parties shallcomplete a
mediation evaluation form and return to theCourt by 4:30 p.m. on the tenth
day following mediation;Mediator shall complete the Alternate Dispute
Resolution Summary form and file with the clerk of court by 4:30 on the
tenth day following mediation; See Order for Specifics. (Signed by Judge
Terry R Means on 9/8/04) (dld, ) (Entered: 09/08/2004)
09/14/2004 28 [unfiled per order of 9/16/04] MOTION to Transfer and
Consolidate by Russ Whitney, Whitney Education Group Inc, Whitney Leadership
Group Inc with Memorandum in Support. (dld, ) Modified on 9/17/2004 (wrb, ).
(Entered: 09/15/2004)
09/16/2004 29 Order Unfiling 28 MOTION to Transfer Case out of
District/Division filed by Whitney Education Group Inc, Whitney Leadership
Group Inc, Russ Whitney due to the following deficiency: doc not in proper
form; not securely bound. (Signed by Judge Terry R Means on 9/16/04) (wrb, )
(Entered: 09/17/2004)
09/20/2004 30 MOTION to Transfer and Consolidate by Russ Whitney, Whitney
Education Group Inc, Whitney Leadership Group Inc with Memorandum in
Support. (dld, ) (Entered: 09/21/2004)
09/21/2004 31 ORDER APPOINTING MEDIATOR John W Hughes appointed - clerk to
mail copy of this order, the Sep 8 2004 order for referral to mediation, and
a copy of the court's docket sheet in this case to mediator. (Signed by
Judge Terry R Means on 09/21/04) (wrb, ) (Entered: 09/22/2004)
10/08/2004 32 RESPONSE to Motion re 30 MOTION to Transfer Case out of
District/Division filed by Todd Dotson, Dotson Consulting Group Inc, Todd
Dotson Training Systems Ltd. (wrb, ) (Entered: 10/12/2004)
10/13/2004 33 UNOPPOSED MOTION to Allow the Mentor Dfts to Appear Via a
Single Representative at the Settlement Conference by Dana Van Hoose, A C
Johnson, Jessanne Johnson, James V Reed, Margaret Shorts, Todd Trygier, Tim
Veler (mjw, ) (Entered: 10/14/2004)
10/14/2004 34 AGREED ORDER granting 33 Mentor Defendants Relief to appear
via a Single Representative at the Settlement Conference (Signed by Judge
Terry R Means on 10/14/04) (wrb, ) (Entered: 10/15/2004)
10/18/2004 35 Plaintiff's AGREED MOTION to Move Formal Settlement Conference
and Mediation Dates by Todd Dotson, Dotson Consulting Group Inc, Todd Dotson
Training Systems Ltd (wrb, ) (Entered: 10/19/2004)
10/20/2004 36 ORDER granting 35 Motion to Move Formal Settlement Conference
and Mediation Dates...the formal settlement conference shall be held on or
before Dec 17, 2004 and the mediation of this case will be held the month of
Jan, 2005. (Signed by Judge Terry R Means on 10/20/04) (mjw, ) (Entered:
10/21/2004)
10/26/2004 37 REPLY In Support of re 30 MOTION to Transfer and Consolidate
filed by Russ Whitney, Whitney Education Group Inc, Whitney Leadership Group
Inc. (dld, ) (Entered: 10/27/2004)
11/18/2004 38 ORDER denying 30 Motion to Transfer Case out of
District/Division (Signed by Judge Terry R Means on 11/18/04) (wrb, )
(Entered: 11/18/2004)
12/20/2004 39 PLAINTIFF'S REPORT REGARDING FORMAL SETTLEMENT CONFERENCE by
Dotson Consulting Group Inc, Todd Dotson Training Systems Ltd, Todd Dotson.
(wrb, ) (Entered: 12/21/2004)
01/20/2005 40 Agreed MOTION to Extend Time to Extend Mediation Deadline by
Russ Whitney, Whitney Education Group Inc, Whitney Leadership Group Inc
(dld, ) (Entered: 01/20/2005)
01/21/2005 41 JOINT MOTION for Entry of Agreed Protective Order by Russ
Whitney, A C Johnson, Jessanne Johnson, Tim Veler, Margaret Shorts, Dana Van
Hoose, Todd Trygier, James V Reed, Dotson Consulting Group Inc, Todd Dotson
Training Systems Ltd, Todd Dotson, Whitney Education Group Inc, Whitney
Leadership Group Inc (dld, ) (Entered: 01/21/2005)
01/21/2005 42 ORDER granting 40 Motion to Extend Time. Parties to
participate in mediation during the month of Feb 2005 (Signed by Judge Terry
R Means on 1/21/05) (wrb, ) (Entered: 01/21/2005)
01/25/2005 43 AGREED PROTECTIVE ORDER (Signed by Judge Terry R Means on
1/24/05) (wrb, ) (Entered: 01/25/2005)
01/28/2005 44 ***UNFILED PER ORDER 2/2/05*** - *SEALED* Designation of
Expert Witnesses by Dotson Consulting Group Inc, Todd Dotson Training
Systems Ltd, Todd Dotson. (dld, ) Modified on 2/2/2005 (pdm, ). (Entered:
01/28/2005)
02/02/2005 45 ORDER Unfiling sealed document #44 Designation of Expert
Witnesses...deficiency: Discovery...not filed with the Court, except in
accordance with LR 5.2(c) and (d). See FRCP 26(a), 31(a)(3) & (4), 33(a) &
(b), 34(a) & (b), 36(a) & Initial Sched. Order, Para. 5 (Signed by Judge
Terry R Means on 2/2/05) (pdm, ) (Entered: 02/02/2005)
02/15/2005 46 NOTICE of Change of Address by William M Parrish, counsel for
Russ Whitney, Whitney Education Group Inc, Whitney Leadership Group Inc. New
address is: Jenkens & Gilchrist, 401 Congress Ave, Suite 2500, Austin, TX
78701 (wrb, ) (Entered: 02/16/2005)
02/25/2005 47 Joint MOTION to Extend Deadline for Disclosures of Expert
Witnesses by Russ Whitney, A C Johnson, Jessanne Johnson, Tim Veler,
Margaret Shorts, Dana Van Hoose, Todd Trygier, James V Reed, Dotson
Consulting Group Inc, Todd Dotson Training Systems Ltd, Todd Dotson, Whitney
Education Group Inc, Whitney Leadership Group Inc (pdm, ) (Entered:
02/28/2005)
02/28/2005 48 [unfiled per order of Mar 2 2005] Plaintiff's Unopposed MOTION
For Leave to File Amended 1 Complaint, by Dotson Consulting Group Inc, Todd
Dotson Training Systems Ltd, Todd Dotson (wrb, ) Modified on 3/3/2005 (wrb,
). (Entered: 03/01/2005)
03/02/2005 49 Order Unfiling 48 MOTION to Amend/Correct 1 Complaint, filed
by Dotson Consulting Group Inc,, Todd Dotson Training Systems Ltd,, Todd
Dotson, due to the following deficiency: motion for leave to amend must be
accompanied by a copy of the proposed amd pldg attached as exh - and a
separate set ; See LR 15.1. (Signed by Judge Terry R Means on 3/2/05) (wrb,
) (Entered: 03/03/2005)
03/02/2005 50 AGREED ORDER granting 47 Motion to Extend Time. disclosure by
ea party pltf nlt 4:30 Mar 22 2005; each deft 4:30 Apr 22 2005. (Signed by
Judge Terry R Means on 3/2/05) (wrb, ) (Entered: 03/03/2005)
03/02/2005 51 Alternative Dispute Resolution Summary filed by John W Hughes.
Attorneys in Attendance: Swindle, Diseker, Parrish. Prv Fee: 1800.
Disposition: DNS.(wrb, ) (Entered: 03/03/2005)
03/03/2005 52 Unopposed MOTION For Leave to File Amended 1 Complaint, by
Dotson Consulting Group Inc, Todd Dotson Training Systems Ltd, Todd Dotson
(wrb, ) (Entered: 03/04/2005)
03/04/2005 53 AGREED ORDER granting 52 Motion to Amend/Correct...pltfs
permitted to file their first amended complaint (Signed by Judge Terry R
Means on 3/4/05) (wrb, ) (Entered: 03/07/2005)
03/04/2005 54 FIRST AMENDED COMPLAINT against Russ Whitney, A C Johnson,
Jessanne Johnson, Tim Veler, Margaret Shorts, Dana Van Hoose, Todd Trygier,
James V Reed, Whitney Education Group Inc, Whitney Leadership Group Inc,
filed by Dotson Consulting Group Inc, Todd Dotson Training Systems Ltd, Todd
Dotson.(wrb, ) (Entered: 03/07/2005)
03/10/2005 55 "Order Requiring All Counsel and Pro Se (Non-Prisoner)
Litigants to sign up for electronic transmission (e:mail) notice by 4/29/05
and Order regarding submission of proposed orders on unopposed
motions....see order for specifics" (Signed by Judge Terry R Means on
3/10/05) (dld, ) (Entered: 03/10/2005)
03/18/2005 56 ANSWER to First Amended Complaint, and COUNTERCLAIM against
Dotson Consulting Group Inc, Todd Dotson Training Systems Ltd, Todd Dotson
by Russ Whitney, Whitney Education Group Inc, Whitney Leadership Group
Inc.(dld, ) (Entered: 03/21/2005)
03/18/2005 57 ANSWER to First Amended Complaint, and COUNTERCLAIM against
Dotson Consulting Group Inc, Todd Dotson Training Systems Ltd, Todd Dotson
by A C Johnson, Jessanne Johnson, Tim Veler, Margaret Shorts, Dana Van
Hoose, Todd Trygier, James V Reed.(dld, ) (Entered: 03/21/2005)
04/01/2005 58 MOTION For Extension Under Scheduling Order by Russ Whitney, A
C Johnson, Jessanne Johnson, Tim Veler, Margaret Shorts, Dana Van Hoose,
Todd Trygier, James V Reed, Dotson Consulting Group Inc, Todd Dotson
Training Systems Ltd, Todd Dotson, Whitney Education Group Inc, Whitney
Leadership Group Inc (wrb, ) (Entered: 04/04/2005)
04/05/2005 59 AGREED ORDER granting 58 Motion to Extend Time. Discovery due
by 7/29/2005. Motions due by 8/22/2005. (Signed by Judge Terry R Means on
4/5/05) (wrb, ) (Entered: 04/05/2005)
04/06/2005 60 PLA'S ANSWER to Counterclaim of Whitney Dfts by Dotson
Consulting Group Inc, Todd Dotson Training Systems Ltd, Todd Dotson.(mjw, )
(Entered: 04/07/2005)
04/06/2005 61 PLA'S ANSWER to Counterclaim of Mentor Dfts by Dotson
Consulting Group Inc, Todd Dotson Training Systems Ltd, Todd Dotson.(mjw, )
(Entered: 04/07/2005)

++++++++++++++++++

PLEADING

United States District Court, N.D. Texas.
DOTSON CONSULTING GROUP, INC., and Todd Dotson Training Systems, Ltd., and
Todd
Dotson, Individually Plaintiffs,
v.
WHITNEY EDUCATION GROUP, INC., Whitney Leadership Group, Inc., Russ Whitney,
A.C. Johnson, Jessanne Johnson, Tim Veler, Margaret Shorts, Dana Van Hoose,
Todd Trygier and James V. Reed Defendants.
No. 4-04 CV-278-Y.
2004.

Jury Trial Demanded

Complaint

Mack Ed Swindle, State Bar No. 19587500, Dave Childress, State Bar No.
04199480, Whitaker Chalk Swindle & Sawyer, 301 Commerce Street, Suite 3500,
Fort Worth.Texas 76102, Telephone: 817/878-0500, Facsimile: 817/878-0501,
Attorneys for Plaintiffs

TO THE HONORABLE COURT:

NOW COME Plaintiffs, Dotson Consulting Group, Inc., Todd Dotson Training
Systems, Ltd., and Todd Dotson, individually complaining of Defendants,
Whitney Education Group, Inc., Whitney Leadership Group, Inc., Russ Whitney,
A.C. Johnson, Jessanne Johnson, Tim Veler, Margaret Shorts, Dana Van Hoose,
Todd Trygier, and James V. Reed and would respectfully show the Court as
follows:

PARTIES

1. Plaintiff, Dotson Consulting Group, Inc. ("Dotson Consulting"). Dotson
Consulting is a Texas corporation with its principal place of business in
Arlington, Texas.
2. Plaintiff, Todd Dotson Training Systems, Ltd. ("Dotson Training").
Dotson Training, is a Texas limited partnership with its principal place of
business in Arlington, Texas.
3. Plaintiff, Todd Dotson ("Dotson"). Dotson is an individual residing in
Arlington, Texas.
4. Defendant, Whitney Leadership Group, Inc. ("WLG"). WLG is a Florida
corporation with its principal office at 1612 East Cape Coral Blvd., Cape
Coral, Florida 33904.
5. On information and belief, WLG has done business with a Texas resident
out of which this action arises by, among other things, entering into
contract(s) with a Texas resident to be performed by at least one party in
the State of Texas.
6. In addition, on information and belief, WLG has engaged in business and
other conduct in the State of Texas out of which this action arises by,
among other things, selling its products in Texas with purposeful direction
and in a substantial volume.
7. WLG has also committed tortious conduct in whole or part in, or directed
to Texas, based upon information and belief.
8. WLG maintains neither a regular place of business, nor a registered agent
for service of process in Texas.
9. Accordingly, under Texas Civil Practice and Remedies Code. § 17.044, WLG
is deemed to have appointed the Texas Secretary of State as its agent for
service, and may be served by serving the Texas Secretary of State with two
copies of process along with the accompanying copies of this Complaint with
the instruction to forward same by certified mall, return receipt requested
to its Officer/Director, Russell Whitney, Whitney Leadership Group, Inc.,
STOP, 4818 Coronado Parkway, Cape Coral, Florida.
10. Defendant, Whitney Education Group, Inc. ("WEG"). WEG is a Florida
corporation with its principal office at 1612 East Cape Coral Blvd., Cape
Coral, Florida 33904.
11. WEG has done business with a Texas resident out of which this action
arises by among other things, entering into contract(s) with a Texas
resident to be performed by at least one party in the State of Texas.
12. In addition, on information and belief, WEG has engaged in business and
other conduct in the State of Texas out of which this action arises by,
among other things, selling its products in Texas with purposeful direction
and in a substantial volume.
13. WEG has also committed tortious conduct in whole or part in, or directed
to Texas, based on information and belief.
14. WEG maintains neither a regular place of business, nor a registered
agent for service of process in Texas.
15. Accordingly, under Texas Civil Practice and Remedies Code. § 17.044, WEG
is deemed to have appointed the Texas Secretary of State as its agent for
service, and may be served by serving the Texas Secretary of State with two
copies of process along with the accompanying copies of this Complaint with
the instruction to forward same by certified mall, return receipt requested
to its Officer/Director, Russell Whitney, Whitney Education Group, Inc. APD,
4818 Coronado Parkway, Cape Coral, Florida.
16. Defendant, Russell Whitney ("Whitney"). Whitney is an individual and
principal of WEG and WLG. He is believed to be a citizen of the State of
Florida.
17. Whitney has done business with a Texas resident out of which this action
arises by, among other things, negotiating and entering into contract(s)
with Texas resident(s) to be performed by at least one party in the State of
Texas.
18. In addition, on information and belief, Whitney has engaged in business
and other conduct in the State of Texas out of which this action arises by,
among other things, selling products in Texas with purposeful direction and
in a substantial volume.
19. Whitney has also committed tortious conduct in whole or part in, or
directed to Texas based on information and belief.
20. Whitney maintains neither a regular place of business, nor a registered
agent for service of process in Texas.
21. Accordingly, under Texas Civil Practice and Remedies Code. § 17.044,
Whitney is deemed to have appointed the Texas Secretary of State as agent
for service, and may be served by serving the Texas Secretary of State with
two copies of process along with the accompanying copies of this Complaint
with the instruction to forward same by certified mall, return receipt
requested to Russell Whitney at 4818 Coronado Parkway, Cape Coral, Florida.
22. Defendant, A.C. Johnson. A.C.Johnson is an individual. On information
and belief he is a citizen and resident of the State of North Carolina.
23. He has done business with a Texas resident out of which this action
arises by entering, among other things, into contract(s) with a Texas
resident to be performed by at least one party in the State of Texas.
24. In addition, on information and belief, he has engaged in business and
other conduct in the State of Texas out of which this action arises by,
among other things, selling products in Texas with purposeful direction and
in a substantial volume.
25. He has also committed tortious conduct in whole or part in, or directed
to Texas based on information and belief.
26. He maintains neither a regular place of business, nor a registered agent
for service of process in Texas.
27. Accordingly, under Texas Civil Practice and Remedies Code. § 17.044, he
is deemed to have appointed the Texas Secretary of State as agent for
service, and may be served by serving the Texas Secretary of State with two
copies of process along with the accompanying copies of this Complaint with
the instruction to forward same by certified mall, return receipt; requested
to A.C Johnson at 4100 Hightower Trail, Raleigh, North Carolina 27616.
28. Defendant, Jessanne Johnson. Jessanne Johnson is an individual. On
information and belief, she is a citizen and resident of the State of North
Carolina.
29. She has done business with a Texas resident out of which this action
arises by, among other things, entering into contract(s) with a Texas
resident to be performed by at least one party in the State of Texas.