DEFENDANT JERRAL W. JONES’S COUNTERCLAIMS AGAINST PLAINTIFF ALEXANDRA DAVIS AND 

THIRD-PARTY COMPLAINT AGAINST CYNTHIA DAVIS-SPENCER – Page 1 

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

TEXARKANA DIVISION 

ALEXANDRA DAVIS, 

Plaintiff/Counter-Defendant, 

vs. 

JERRAL W. JONES, DALLAS COWBOYS 

FOOTBALL CLUB, LTD., JAMES 

WILKINSON, TRAILRUNNER 

INTERNATIONAL, LLC, and DONALD 

JACK, JR., 

Defendants,

vs. 

CYNTHIA DAVIS-SPENCER, 

 Third-Party Defendant. 

CIVIL ACTION No. 5:23-cv-00032-RWS 

JURY TRIAL DEMANDED 

DEFENDANT JERRAL W. JONES’S COUNTERCLAIMS AGAINST PLAINTIFF 

ALEXANDRA DAVIS AND THIRD-PARTY COMPLAINT AGAINST CYNTHIA 

DAVIS-SPENCER 

Pursuant to Rule 13 of the Federal Rules of Civil Procedure, Defendant/Counter-Plaintiff 

Jerral W. Jones (“Jones”) files this Counterclaim against Plaintiff/Counter-Defendant Alexandra 

Davis (“Plaintiff”) and Third-Party Complaint against Third-Party-Defendant Cynthia DavisSpencer (“Mrs. Spencer”) and would respectfully show the Court: 

I. BACKGROUND 

1. This Counterclaim and Third-Party Complaint arise from the material breaches of 

a binding Settlement, Release and Covenant Not to Sue (the “Settlement Agreement”) between 

Plaintiff, Mrs. Spencer, and Jones. That Settlement Agreement barred Plaintiff from suing Jones 

to establish paternity and obligated the parties to maintain confidentiality regarding the facts and 

terms of the Settlement Agreement. In exchange, Plaintiff received as consideration millions of 

dollars from early childhood through adulthood. 
DEFENDANT JERRAL W. JONES’S COUNTERCLAIMS AGAINST PLAINTIFF ALEXANDRA DAVIS AND 

THIRD-PARTY COMPLAINT AGAINST CYNTHIA DAVIS-SPENCER – Page 2 

2. Jones has abided by and performed his obligations under the Settlement Agreement. 

Plaintiff and Mrs. Spencer, however, want more than they were entitled to receive. To that end, 

beginning in late 2021, Plaintiff and Mrs. Spencer began a campaign directed at and against Jones. 

Their strategy centered on threatening to publicly disclose—and actually disclosing—confidential 

information regarding the Settlement Agreement to various third parties, including journalists. As 

the direct—and intended—result of their disclosures, articles discussing the Settlement Agreement 

and allegations about Jones’s private life flooded the Internet. Plaintiff’s and Mrs. Spencer’s 

actions constitute material breaches of the Settlement Agreement, which necessitated the filing of 

these counterclaims and third-party claims and entitle Jones to substantial relief and actual and 

other damages. 

II. PARTIES 

3. Defendant/Counter-Plaintiff Jerral W. Jones is an individual residing in Dallas 

County, Texas and is a citizen of the State of Texas. 

4. Upon information contained in Plaintiff’s Original Complaint, Counter-Defendant 

Alexandra Davis is a resident and citizen of the District of Columbia. 

5. Upon information and belief, Third-Party Defendant Cynthia Davis-Spencer is a 

resident of Denton County, Texas, the Eastern District of Texas, and is a citizen of the State of 

Texas. Upon information and belief, Mrs. Spencer can be served at 6777 Parker Creek Place, 

Frisco, Texas, 75034-0774. 

III. JURISDICTION 

6. This Court has jurisdiction pursuant to 28 USC § 1332(a) because there is complete 

diversity between Plaintiff/Counter-Defendant and Defendant/Counter-Plaintiff. The amount in 

controversy exceeds $75,000.00, exclusive of interests and costs. The Court also has supplemental 
DEFENDANT JERRAL W. JONES’S COUNTERCLAIMS AGAINST PLAINTIFF ALEXANDRA DAVIS AND 

THIRD-PARTY COMPLAINT AGAINST CYNTHIA DAVIS-SPENCER – Page 3 

jurisdiction over Jones’s third-party claims against Mrs. Spencer, because they are derived from 

the same nucleus of operative facts as Plaintiff’s claims. See 28 U.S.C. § 1367. 

IV. FACTS 

A. The paternity dispute. 

7. On December 16, 1996, Mrs. Spencer gave birth to Plaintiff in North Little Rock, 

Arkansas. Plaintiff was thus more than 26 years old when she filed the Complaint. Dkt. No. 1 at 

¶ 8. 

8. At the time of Plaintiff’s birth, Mrs. Spencer was married to Norman James 

Spencer, Jr. (“Husband”). See Dkt. No. 1 at ¶ 8. After Plaintiff’s birth, Mrs. Spencer and Husband 

were involved in divorce proceedings in Arkansas state court. Id. at ¶ 11. 

9. During the divorce proceedings, Mrs. Spencer and Husband stated under oath that 

Husband was Plaintiff’s biological father. Eventually, however, both Mrs. Spencer and Husband 

began claiming that Husband was not Plaintiff’s father. Mrs. Spencer also began contending that 

Jones was Plaintiff’s biological father—an allegation Jones denied and continues to deny. 

B. Plaintiff, Mrs. Spencer, and Jones execute the Settlement Agreement.

10. On August 14, 1998, Mrs. Spencer, “individually, and on behalf of [Plaintiff], as 

[Plaintiff’s] parent and sole legal guardian,” and Jones (as the Putative Father), entered a binding 

contract to resolve the paternity dispute––the Settlement Agreement. 

11. In entering into the Settlement Agreement, the parties, all of whom were 

represented by independent legal counsel, sought to “act fairly, equitably, appropriately, and in 

[Plaintiff’s] best interest.” They further understood that, while they could seek to establish 

paternity through legal action, litigation was uncertain and could result in Jones having no 

obligation to Plaintiff. The parties therefore concluded that it was in the best interest of Mrs. 
DEFENDANT JERRAL W. JONES’S COUNTERCLAIMS AGAINST PLAINTIFF ALEXANDRA DAVIS AND 

THIRD-PARTY COMPLAINT AGAINST CYNTHIA DAVIS-SPENCER – Page 4 

Spencer, Plaintiff, and Jones to forego any legal action, settle the matter, and maintain 

confidentiality. 

12. As a result of examining applicable state laws and other relevant factors through 

independent counsel, Mrs. Spencer and Jones determined that the terms of the Settlement 

Agreement provided adequate financial support to Plaintiff and said payments were “just, fair, and 

in [Plaintiff’s] best interest.” 

13. The security and benefits that Plaintiff received from Jones pursuant to the 

Settlement Agreement were substantial and included future support, maintenance, and education 

for Plaintiff. 

14. Specifically, to reimburse Mrs. Spencer for medical expenses incurred during and 

after her pregnancy (including the birth and support of Plaintiff), to ensure that Plaintiff had shelter, 

and to provide for Plaintiff’s well-being, a lump-sum payment of $375,000 was made to Mrs. 

Spencer upon execution of the Settlement Agreement. 

15. In addition to this $375,000 payment, Jones established two trusts for Plaintiff’s 

care and benefit––the Funding Trust and the Distribution Trust (collectively, the “Trusts”). The 

Funding Trust provided monthly, annual, and special contributions to the Distribution Trust, which 

Trust in turn provided the same payment and funding to Plaintiff from childhood until she attained 

21 years of age. The Settlement Agreement also provided that Plaintiff would continue to receive 

financial support into adulthood when she attained the ages of 24, 26, and 28, provided there was 

not a material breach of the agreement. 

16. During Plaintiff’s childhood, Plaintiff received approximately 230 separate 

payments from Jones totaling approximately $1.9 million. While this amount included monthly, 

annual, and special trust payments, it also included payments that were separate from the Trusts. 
DEFENDANT JERRAL W. JONES’S COUNTERCLAIMS AGAINST PLAINTIFF ALEXANDRA DAVIS AND 

THIRD-PARTY COMPLAINT AGAINST CYNTHIA DAVIS-SPENCER – Page 5 

For instance, Plaintiff also received $70,457 for a new Range Rover automobile and $33,714.11 

for a “Sweet 16” birthday party. Jones also frequently paid for expenses that Mrs. Spencer incurred 

for Plaintiff’s benefit, including expenses associated with Plaintiff’s extracurricular activities, 

clothing, medical care, and education. 

17. From the time Plaintiff attained the age of majority, that is, 18 years of age, until 

March 2022 when she filed a lawsuit that materially breached the Settlement Agreement, see infra 

Part IV.C, Plaintiff received approximately 140 separate, additional payments from Jones totaling 

approximately $1.2 million. This amount includes the aforementioned monthly, annual, and 

special trust payments between the ages of 18 and 21, as well as numerous other payments for 

Plaintiff’s education and benefit that were separate from the Trusts. For instance, Plaintiff received 

approximately: $18,000 for a trip to Paris, France; $270,000 for four full years of undergraduate 

tuition and expenses at Southern Methodist University; $6,500 for a college graduation party; and 

$24,000 for a post-college graduation trip to Hong Kong, China, and Japan, among others. 

Additionally, since at least 2015, at Mrs. Spencer’s and Plaintiff’s requests, Jones has paid various 

charges on Plaintiff’s and Mrs. Spencer’s American Express credit card account. Since at least 

2015, Jones has also paid for Plaintiff’s apartment rent. To date, pursuant to the Settlement 

Agreement, Plaintiff has received approximately $3.2 million from Jones. 

18. The financial support Plaintiff received was explicitly negotiated and contracted for 

“in consideration of” various obligations. These obligations included settlement and release 

provisions preventing Plaintiff, as “Child” and Mrs. Spencer, as “Mother,” from instituting any 

lawsuits against Jones related to, inter alia, Plaintiff’s parentage: 

Mother, individually, and on behalf of Child, as Child’s parent and sole guardian, 

accepts the above stated payment and funding of the Funding Trust and the 

Distribution Trust in full compromise, settlement, and satisfaction of all claims, 
DEFENDANT JERRAL W. JONES’S COUNTERCLAIMS AGAINST PLAINTIFF ALEXANDRA DAVIS AND 

THIRD-PARTY COMPLAINT AGAINST CYNTHIA DAVIS-SPENCER – Page 6 

causes of action, suits, payments, damages and demands of whatever kind that now 

exists, or hereafter may accrue, in Mother’s or Child’s favor against Putative Father 

in any way related to Child, Child’s paternity, or Child’s support, and releases 

Putative Father from all such claims and causes of action. 

* * * 

Mother agrees and covenants to refrain from making any claim or demand, or 

commencing any action in law or equity relating to Child, against Putative Father, 

and further, to use her best efforts to prevent Child or any person on behalf of 

Child from making any claim or demand or commencing any action in law or 

equity relating to Child against Putative Father. 

* * * 

Except for an action for breach of the Agreement, Mother, individually, and on 

behalf of Child, as Child’s parent and sole legal guardian, expressly agrees that the 

Agreement may forever be treated as a complete defense and bar to any action that 

Mother or Child may commence, bring, or institute against Putative Father in any 

way related to Child. 

* * * 

If Mother or Child, or any person on behalf of Child, brings or commences any 

kind of legal proceeding seeking to establish the paternity of Child . . . , Putative 

Father may, in his sole discretion, elect to terminate the Agreement and the Funding 

Trust and the Distribution Trust, or either of them, and enforce any and all remedies 

available to him at law or in equity. A breach of this provision shall be considered 

a breach of the entire Agreement. 

* * * 

The parties acknowledge that they fully understand the terms of the Agreement and 

that they have entered into the Agreement with the intention that it be a full and 

final compromise and settlement of all claims by Mother and Child against 

Putative Father. 

Ex. A, Settlement Agreement at ¶¶ 4, 5, 17 (emphasis added). 

19. The Settlement Agreement also included confidentiality obligations whereby the 

parties promised to refrain from disclosing the facts and terms of the settlement: 

The parties agree and covenant not to disclose the terms of the Agreement, or 

make any future disclosures or statement regarding Mother’s belief that Putative 
DEFENDANT JERRAL W. JONES’S COUNTERCLAIMS AGAINST PLAINTIFF ALEXANDRA DAVIS AND 

THIRD-PARTY COMPLAINT AGAINST CYNTHIA DAVIS-SPENCER – Page 7 

Father is father of Child . . . . The parties agree further that neither Mother, Child 

nor Putative Father will act in any manner that might jeopardize the confidentiality 

of the Agreement and will protect and safeguard with utmost care the privacy of 

Child, Mother, and Putative Father. 

Id. at ¶ 5. 

20. For about two decades, the parties complied with these terms. Jones paid Plaintiff 

millions of dollars, and Plaintiff and Mrs. Spencer maintained the confidentiality of the 

agreements, payments, and any allegations that Jones was Plaintiff’s father, including refraining 

from filing any lawsuits related to the issues addressed in the agreements. Later, however, it 

became clear that Plaintiff wanted more money. 

21. Under the Settlement Agreement, Plaintiff’s monthly trust distributions were 

scheduled to cease on her 21st birthday—December 16, 2017. One month before that date, Plaintiff 

met with the Grantor of the Trusts (and attorney-in-fact for Jones), Defendant Donald T. Jack, Jr. 

At that in-person meeting, Plaintiff acknowledged that under the Settlement Agreement she could 

not establish a paternal relationship with Jones. However, she wanted Jones to pay her additional 

money that Jones was not obligated to pay. Jones did not accede to Plaintiff’s wrongful demand 

for additional money. Following this discussion, it is undisputed that Plaintiff continued to fulfill 

her obligations under the existing Settlement Agreement and accepted further support as an adult. 

C. Plaintiff and Mrs. Spencer repeatedly breach the Settlement Agreement.

22. In or around late 2021, it was discovered that Mrs. Spencer and/or her agents 

disclosed confidential information and documents regarding the Settlement Agreement to a third 

party. This disclosure was an attempt to provide leverage to that third party in an unrelated lawsuit 

brought against a member of Jones’s family. These actions, disclosure, and statements constitute 

material breaches of Mrs. Spencer’s confidentiality obligations under the Settlement Agreement. 
DEFENDANT JERRAL W. JONES’S COUNTERCLAIMS AGAINST PLAINTIFF ALEXANDRA DAVIS AND 

THIRD-PARTY COMPLAINT AGAINST CYNTHIA DAVIS-SPENCER – Page 8 

23. In March 2022, more than seven years after reaching the age of majority, Plaintiff 

breached the Settlement Agreement by filing a public lawsuit against Jones (the “First Lawsuit”). 

Therein, Plaintiff contended that she was not bound by certain portions of the Settlement 

Agreement that imposed obligations on her (including confidentiality obligations and release of 

paternity claims), and yet sought declarations that she was entitled to the benefits conferred upon 

her by the Settlement Agreement, e.g. the two remaining trust payments. In doing so, Plaintiff 

publicly alleged that Jones is her father and disclosed numerous facts regarding the Settlement 

Agreement, including its terms, each of which is a material breach. 

24. Shortly after filing the First Lawsuit, Plaintiff—through her agents and 

representatives—released numerous statements to the media wherein she disclosed the 

confidential facts and terms of the Settlement Agreement and alleged that Jones is her father. These 

statements were subsequently published in numerous news articles, as Plaintiff intended, and Jones 

was bombarded with negative media attention.1

 This was Plaintiff’s goal and it was also a breach 

 

1 See, e.g., Don Van Natta, Jr., Lawyers for woman suing Dallas Cowboys owner Jerry Jones: Client isn’t motivated 

by money, ESPN (Mar. 10, 2022), available at https://www.espn.com/nfl/story?id=33471398&_slug_=lawyerswoman-suing-dallas-cowboys-owner-jerry-jones-client-motivated-money; Nataly Keomoungkhoun, Lawyers for 

woman suing Dallas Cowboys owner Jerry Jones say she isn’t looking for money, The Dallas Morning News (Mar. 

11, 2022), available at https://www.dallasnews.com/news/courts/2022/03/11/lawyers-for-woman-suing-dallascowboys-owner-jerry-jones-say-she-isnt-looking-for-money/; Don Van Natta, Jr., Dallas Cowboys owner Jerry 

Jones asks judge to dismiss paternity lawsuit, alleges extortion attempts, ESPN (Mar. 28, 2022); Nataly 

Keomoungkhoun, Lawyer for woman suing Jerry Jones denies she tried to extort money from Dallas Cowboys 

owner, ESPN (Mar. 29, 2022), available at https://www.dallasnews.com/news/courts/2022/03/29/lawyer-forwoman-suing-jerry-jones-denies-she-tried-to-extort-money-from-dallas-cowboys-owner/; Don Van Natta, Jr., 

Lawyers for woman who says Dallas Cowboys owner Jerry Jones is her biological father deny ‘conspiracy,’ ESPN 

(Mar. 30, 2022), available at https://www.espn.com/nfl/story/_/id/33632161/lawyers-woman-claims-dallascowboys-owner-jerry-jones-biological-father-deny-conspiracy; Don Van Natta, Jr., Dallas Cowboys owner Jerry 

Jones paid millions to woman who filed paternity lawsuit, lawyer says, ESPN (Mar. 31, 2022), available at 

https://www.espn.com/nfl/story/_/id/33640873/dallas-cowboys-owner-jerry-jones-gave-millions-woman-filedpaternity-lawsuit-lawyer-says; Nataly Keomoungkhoun, Dallas Cowboys owner Jerry Jones paid millions to woman 

who says he is her father, lawyer says, The Dallas Morning News (Mar. 31, 2022), available at 

https://www.dallasnews.com/news/2022/03/31/dallas-cowboys-owner-jerry-jones-paid-millions-to-woman-whosays-he-is-her-father-lawyer-says/.
DEFENDANT JERRAL W. JONES’S COUNTERCLAIMS AGAINST PLAINTIFF ALEXANDRA DAVIS AND 

THIRD-PARTY COMPLAINT AGAINST CYNTHIA DAVIS-SPENCER – Page 9 

of the Settlement Agreement. Rather than press her claims, Plaintiff dismissed the First Lawsuit 

less than two months after its filing. 

25. In April 2022, Plaintiff filed a second lawsuit against Jones allegedly for the sole 

purpose of establishing “the parent-child relationship” (the “Second Lawsuit”), despite the fact 

that she released this claim. Again, following the filing of the Second Lawsuit, Plaintiff—through 

her agents and representatives—disseminated to the media statements regarding the Settlement 

Agreement and Jones’s alleged paternity.2

 These disclosures and actions were material breaches 

of the Settlement Agreement. 

26. In the course of the Second Lawsuit, Mrs. Spencer also provided an affidavit and 

publicly alleged that Jones is Plaintiff’s father, and disclosed some terms of the Settlement 

Agreement, thereby further breaching the Settlement Agreement. 

27. In March 2023, Plaintiff filed the instant action (the “Third Lawsuit”) and once 

more materially breached the Settlement Agreements by publicly alleging that Jones is her 

biological father and disclosing confidential details regarding the Settlement Agreement. In 

connection with this lawsuit, Plaintiff again used her agents and representatives to release 

statements to the press that disclosed details related to the Settlement Agreement and Jones’s 

alleged paternity.3

 

2 See, e.g., Nataly Keomoungkhoun, Woman suing Dallas Cowboys owner Jerry Jones drops lawsuit, wants to 

establish parentage, The Dallas Morning News (Apr. 20, 2022), available at 

https://www.dallasnews.com/news/courts/2022/04/20/woman-suing-dallas-cowboys-owner-jerry-jones-dropslawsuit-wants-to-establish-parentage/; Nataly Keomoungkhoun, Dallas Cowboys owner Jerry Jones asks judge to 

toss paternity suit against him, The Dallas Morning News (June 9, 2022), available at 

https://www.dallasnews.com/news/courts/2022/06/09/dallas-cowboys-owner-jerry-jones-asks-judge-to-tosspaternity-suit-against-him/; Nataly Keomoungkhoun, A judge orders Jerry Jones to take a paternity test, but the 

lawsuit is far from over, D Magazine (Dec. 23, 2022), available at https://www.dmagazine.com/sports/2022/12/ajudge-orders-jerry-jones-to-take-a-paternity-test-but-the-lawsuit-is-far-from-over/; 3 See, e.g., Don Van Natta, Jr., Woman who says Cowboys owner Jerry Jones is her father now accuses him of 

defamation, ESPN (Mar. 27, 2023), available at https://www.espn.com/nfl/story/_/id/35973302/woman-sayscowboys-owner-jerry-jones-father-now-accuses-defamation; Lana Ferguson, Woman suing Cowboys owner Jerry 
DEFENDANT JERRAL W. JONES’S COUNTERCLAIMS AGAINST PLAINTIFF ALEXANDRA DAVIS AND 

THIRD-PARTY COMPLAINT AGAINST CYNTHIA DAVIS-SPENCER – Page 10 

V. COUNTERCLAIMS AGAINST PLAINTIFF ALEXANDRA DAVIS 

A. Breach of contract. 

28. Jones incorporates by reference the allegations contained in the paragraphs above, 

as if fully set forth herein. 

29. Plaintiff and Jones entered into a valid and binding Settlement Agreement. 

30. By executing, ratifying, and/or failing to timely disaffirm the Settlement 

Agreement, Plaintiff: released any claims she had against Jones related to her parentage; agreed 

that the Settlement Agreement is a complete defense and bars any claims she may have against 

Jones; and promised to keep confidential the terms of the Settlement Agreement, including Mrs. 

Spencer’s belief that Jones is Plaintiff’s biological father. 

31. Although Jones performed his obligations under the Settlement Agreement, 

including paying Plaintiff millions of dollars over her lifetime (including well into her adulthood), 

Plaintiff materially breached her obligations above, including by disclosing confidential 

information regarding the facts and terms of the Settlement Agreement to various third parties, 

including media members, with the aim of generating publicity or embarrassing Jones, and/or to 

obtain additional money or things of value. 

32. As a direct and proximate cause of these material breaches, Jones has suffered 

actual and other damages, including the payment of attorneys’ fees and expenses to defend himself 

against claims that Plaintiff and Mrs. Spencer settled and released over two decades ago. 

 

Jones alleges ‘character assassination attack,’ The Dallas Morning News (Mar. 28, 2023), available at 

https://www.dallasnews.com/news/courts/2023/03/28/woman-suing-cowboys-owner-jerry-jones-alleges-characterassassination-attack/; Paul Livengood, Texas woman claiming Jerry Jones is her father sues him for defamation, 

WFAA (Mar. 28, 2023), available at https://www.wfaa.com/article/sports/nfl/cowboys/dallas-cowboys-owner-jerryjones-paternity-lawsuit-alexandra-davis/287-0ff148eb-ee5b-4809-ae60-640e38238afe. 
DEFENDANT JERRAL W. JONES’S COUNTERCLAIMS AGAINST PLAINTIFF ALEXANDRA DAVIS AND 

THIRD-PARTY COMPLAINT AGAINST CYNTHIA DAVIS-SPENCER – Page 11 

B. Request for declaratory relief. 

33. Jones incorporates by reference the allegation contained in the paragraphs above, 

as if fully set forth herein. 

34. As described herein, Plaintiff has repeatedly violated her contractual obligations 

under the Settlement Agreement. Thus, in an effort to clarify Plaintiff’s rights and obligations and 

resolve ongoing and future foreseeable controversies between the parties, Jones asserts a claim for 

declaratory relief under 28 U.S.C. § 2201(a) and Rule 57 of the Federal Rules of Civil Procedure. 

35. Specifically, Jones seeks a declaration by this Court that Plaintiff has a continuing 

duty to perform under and abide by the terms of the Settlement Agreement. 

VI. THIRD-PARTY CLAIMS AGAINST 

THIRD-PARTY DEFENDANT CYNTHIA DAVIS-SPENCER 

A. Breach of contract. 

36. Jones incorporates by reference the allegations contained in the paragraphs above, 

as if fully set forth herein. 

37. Mrs. Spencer and Jones entered into a valid and binding Settlement Agreement. 

38. In doing so, Mrs. Spencer agreed that she would keep confidential the terms of the 

Settlement Agreement, including her belief that Jones is Plaintiff’s biological father, and use her 

best efforts to prevent Plaintiff from making any claim or demand on Jones. 

39. Although Jones performed his obligations under the Settlement Agreement, Mrs. 

Spencer materially breached her obligations by disclosing confidential documents and information 

relating to the facts and terms of the Settlement Agreement, and by assisting Plaintiff in her 

prosecution of lawsuits against Jones. 
DEFENDANT JERRAL W. JONES’S COUNTERCLAIMS AGAINST PLAINTIFF ALEXANDRA DAVIS AND 

THIRD-PARTY COMPLAINT AGAINST CYNTHIA DAVIS-SPENCER – Page 12 

40. As a direct and proximate cause of these material breaches, Jones has suffered

actual and other damages, including the payment of attorneys’ fees and expenses to defend himself 

against claims that Plaintiff and Mrs. Spencer settled and released over two decades ago. 

B. Request for declaratory relief.

41. Jones incorporates by reference the allegation contained in the paragraphs above,

as if fully set forth herein. 

42. As described herein, Mrs. Spencer has repeatedly violated her contractual

obligations under the Settlement Agreement. Thus, in an effort to clarify Mrs. Spencer’s rights 

and obligations and resolve ongoing and future foreseeable controversies between the parties, 

Jones asserts a claim for declaratory relief under 28 U.S.C. § 2201(a) and Rule 57 of the Federal 

Rules of Civil Procedure. 

43. Specifically, Jones seeks a declaration by this Court that Mrs. Spencer has a

continuing duty to perform under and abide by the terms of the Settlement Agreement. 

VII. ATTORNEYS’ FEES & SANCTIONS

44. Plaintiff’s and Mrs. Spencer’s conduct described in this complaint and the resulting

damages and loss have necessitated the retention of the attorneys identified below. Pursuant to 

paragraph 18 of the Settlement Agreement, as well as section 38.001 of the Texas Civil Practice 

and Remedies Code, Jones is entitled to recover his costs, reasonable and necessary attorneys’ 

fees, and expenses incurred in prosecuting these claims against Plaintiff and Mrs. Spencer, jointly 

and severally. 

45. Pursuant to the Texas Citizens Participation Act, Jones further is entitled to an

award of all of his allowable court costs, reasonable and necessary attorneys’ fees, and other 

expenses incurred defending Plaintiff’s defamation claims. See Tex. Civ. Prac. & Rem. Code § 
DEFENDANT JERRAL W. JONES’S COUNTERCLAIMS AGAINST PLAINTIFF ALEXANDRA DAVIS AND 

THIRD-PARTY COMPLAINT AGAINST CYNTHIA DAVIS-SPENCER – Page 13 

27.009(a)(1). Additionally, Jones is entitled to an award of sanctions sufficient to deter against 

Plaintiff from bringing similar actions. Id. at § 27.009(a)(2). 

VIII. CONDITIONS PRECEDENT 

46. All conditions precedent have been performed or have occurred. See Fed. R. Civ. 

P. 9(c). 

IX. JURY DEMAND 

47. Jones demand a trial by jury on all claims subject to a jury trial. 

PRAYER 

Accordingly, Jerral W. Jones respectfully requests that Alexandria Davis and Cynthia 

Davis-Spencer be cited to answer and appear, and that upon final trial, Jones have: 

a. Judgment against Plaintiff and Mrs. Spencer for actual, special, consequential, 

and other damages, together with prejudgment interest, as provided by law; 

b. Declarations that Plaintiff and Mrs. Spencer have continuing duties to perform 

under and abide by the terms of the Settlement Agreement. 

 

c. Postjudgment interest, as provided by law; 

d. Costs of suit; 

e. Reasonable and necessary attorneys’ fees; 

f. Sanctions against Plaintiff; and 

g. Such other and further relief, at law or in equity, to which he may be justly 

entitled. 

 
DEFENDANT JERRAL W. JONES’S COUNTERCLAIMS AGAINST PLAINTIFF ALEXANDRA DAVIS AND 

THIRD-PARTY COMPLAINT AGAINST CYNTHIA DAVIS-SPENCER – Page 14 

 Respectfully submitted, 

 FOLSOM ADR PLLC JACKSON WALKER LLP 

/s/ David Folsom /s/ Charles L. Babcock 

 David Folsom 

State Bar No. 07210800 

david@folsomadr.com 

6002-B Summerfield Dr. 

Texarkana, TX 75503 

(903) 277-7303

Charles L. Babcock 

State Bar No. 01479500 

cbabcock@jw.com 

Nancy W. Hamilton 

State Bar No. 11587925 

nhamilton@jw.com 

1401 McKinney Street 

Suite 1900 

Houston, TX 77010 

(713) 752-4210

(713) 752-4221 - Fax

David T. Moran 

State Bar No. 14419400 

dmoran@jw.com 

Edwin Buffmire 

State Bar No. 24078283 

ebuffmire@jw.com 

Cody Martinez 

State Bar No. 24102146 

cmartinez@jw.com 

2323 Ross Avenue 

Suite 600 

Dallas, TX 75201 

(214) 953-6000

(214) 953-5822 – Fax

ATTORNEYS FOR DEFENDANT/COUNTE-PLAINTIFF JERRAL W. JONES 
DEFENDANT JERRAL W. JONES’S COUNTERCLAIMS AGAINST PLAINTIFF ALEXANDRA DAVIS AND 

THIRD-PARTY COMPLAINT AGAINST CYNTHIA DAVIS-SPENCER – Page 15 

CERTIFICATE OF SERVICE 

On May 26, 2023, I electronically submitted the foregoing document with the clerk of the 

court of the U.S. District Court, Eastern District of Texas, using the CM/ECF system. I hereby 

certify that I have served all counsel of record electronically or by another manner authorized by 

the Federal Rules of Civil Procedure. Third Party Defendant Cynthia Davis-Spencer will be 

separately served pursuant to Fed. R. Civ. P. 4 

/s/ Charles L. Babcock

Charles L. Babcock