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IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

DALLAS DIVISION 

PHILIP HUNTER JOCHEM, § 

 § 

 Plaintiff, § 

 § 

v. § 

 § 

CHARLES E. ORTEGA, JEFFREY § CIVIL ACTION No. 3:22-CV-01890 

MARK FRITZ, NEXTGEN § 

MANAGEMENT GROUP, LLC, § 

NEXTGEN WELLNESS GROUP, INC., § 

AND FOJ PROPERTY GROUP, LLC, § 

 § 

 Defendants. § 

DEFENDANTS’ PARTIAL MOTION TO 

DISMISS AND FOR MORE DEFINITE STATEMENT

TO THE HONORABLE JUDGE U.S. DISTRICT JUDGE ADA BROWN: 

 Pursuant to Federal Rule of Civil Procedure 12(b)(6) and 12(e), Defendants Charles E. 

Ortega, Jeffery Mark Fritz,1

 Nextgen Management Group, LLC, Nextgen Wellness Group, Inc., 

and FOJ Property Group, LLC (collectively, “Defendants”) request that the Court enter an Order 

dismissing Plaintiff Philip Hunter Jochem’s (“Plaintiff”) claims for declaratory judgment and 

partition and requiring that Plaintiff provide a more definite statement of his Complaint. 

 In support of said motion, Defendants will show in their Brief in Support that the claims 

for declaratory judgment contained in paragraphs 182, 183, 188, 189, 190, and 191 of Plaintiff’s 

Complaint are impermissible under the Declaratory Judgments Act, Plaintiff’s partition claim is 

insupportable because Plaintiff admits in his Complaint he does not own the property he seeks to 

partition, and Plaintiff’s conspiracy and breach of contract claims are so vague that Defendants 

1

 Defendant Jeffery Mark Fritz is improperly named in this lawsuit as “Jeffrey Mark Fritz.” 

Case 3:22-cv-01890-E Document 6 Filed 11/07/22 Page 1 of 3 PageID 72
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cannot prepare sufficient responses without a more definite statement. As a result, Defendant’s 

Motion to Dismiss and for More Definite Statement should be granted. 

PRAYER

 Defendants Charles E. Ortega, Jeffery Mark Fritz,2 Nextgen Management Group, LLC, 

Nextgen Wellness Group, Inc., and FOJ Property Group, LLC respectfully pray that this Court 

grant their Motion to Dismiss and for More Definite Statement, dismissing Plaintiff’s declaratory 

judgment claims contained in paragraphs 182, 183, 188, 189, 190, and 191 of the Complaint with 

prejudice, and ordering Plaintiff to amend his Complaint to make a more definite statement as to 

his conspiracy and breach of contract claims. 

 

 Respectfully submitted, 

 By: /s/ Michael C. Kelsheimer 

 MICHAEL C. KELSHEIMER

Texas Bar No. 15109200 

mkelsheimer@graygreed.com 

JACOB A. LEWIS

Texas Bar No. 24087924 

jlewis@grayreed.com 

GRAY REED & MCGRAW LLP 

4600 Thanksgiving Tower 

1601 Elm Street 

Dallas, Texas 75201 

(214) 954-4135 – Telephone 

(214) 953-1332 – Facsimile 

ATTORNEYS FOR DEFENDANTS 

 

2

 Defendant Jeffery Mark Fritz is improperly named in this lawsuit as “Jeffrey Mark Fritz.” 

Case 3:22-cv-01890-E Document 6 Filed 11/07/22 Page 2 of 3 PageID 73
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CERTIFICATE OF SERVICE

The undersigned hereby certifies that on November 7, 2022, a true and correct copy of the 

foregoing document was served upon Plaintiff’s counsel of record via the Court’s ECF system as 

follows: 

Jules P. Slim 

P.O. Box 140307 

Irving, TX 75014 

jslim@slimlawfirm.com 

/s/ Michael C. Kelsheimer 

 Michael C. Kelsheimer 

Case 3:22-cv-01890-E Document 6 Filed 11/07/22 Page 3 of 3 PageID 74