eterson,holding heragainst holdingher againsther her will, and Plaintiffs' visitationwithout legal Plaintiffs thechallenged will, and refusing Plaintiffs' visitation without legal authority.t° Plaintiffs pursued the challenged
causesofactionin a mannerwhich the costoofflitigation which drove thecost causes of action in amanner Silverado up. Silveradowas litigationup. forcedtoincur was forcedto incur againstboth federaland defending expense defending against both aa federal and state significant expense lawsuit well as wellaas state lawsuit as mediacampaign in saa media campaign in directviolation oftheCourt's Protective Order.Thedismissed ofaction comprised Plaintiffs direct violation of the Court's Protective Order. The dismissed causes causes of action comprised Plaintiffs entire entire case against Silverado until October 6,2014 with theFourth Amended Petitionwhich includes case against Silverado until October 6, 2014 with the Fourth Amended Petition which includes subject aa new allegationofbreachoffiduciary dutyat Paragraph 88andwillbe toanother 9la new allegation of breach of fiduciary duty at Paragraph 88 and will be subject to another 91a Motion toDismiss. SeeExhibit "A,"(Affidavit ofJoshK.Davis).Thechallenged causes ofaction Motion to Dismiss. See Exhibit "A," (Affidavit of Josh K. Davis). The challenged causes of action required multi·faceteddefense relatedtothefederal andstatelawsuits aswell stherepeated required aa multi-faceted defense related to the federal and state lawsuits as wellaas the repeated violations ofCourtorders. violations of Court orders. _
8 Id 9 Id. See Original Petition, Amended PetitionandJuryDemand, Second Amended Petition See Plaintiffs' and 1° Demand, Original Petition, Amended ThirdAmended Petition andto andContest Petition Jury Demand, Second Guardianship Amended andPetition Application, and Jury Demand, Amended all PetitionThird ofwhich areon with Amended Petition and and/or Contest thisCourt the129th Judicial to Guardianship and Application, and Fourth Amended Petitionbyreference incorporated all of which areifon file with this fully Court and/or the 129th Judicial District Court and herein. are as setout are incorporated by reference as if set out fully herein.
4849-6015.5168.1
Silverado Appx. 0273 No. 1-15-586-CV 3622 This iswell-versed in antics related tothis and litigation, vexatious This Court is well-versed in Plaintiffs antics related to this vexatious and harassing litigation,
C but party-opponent oneparty-opponent but one admission admission isworth highlighting is highlighting to reinforce to reinforce thattheintent andpurpose that the intent and purpose C behind thefederal behind the litigation. federal litigation. OnAugust On August 3,3,2014,Ms.Schwager 2014, Ms. Schwagerposts posts aamessage message Facebook onFacebook on to Mr. to Mr.
Davisopen Davis open to thepublic: to the "AsI've public: "As saidfrom I've said fromday dayone, thisis one,this is not aboutyou, notabout butif you,but persistin youpersist if you in violating violating my client's my client's rights rights and Ruby's, andRuby's, ititwillbe. will be. IIkeep wondering keep wondering whenthe when thereality ofthefederal reality of the federal
willset casewill case in.Nominal setin. damages Nominal damages pledfor arepled are Butthe now.But for now. pressisiscoming. the press coming. IIassure assure that."TEX. youthat." you TEX. 0 R. (e)(2)(C)-(D). CA R. Civ. E.801 E. 801(e)(2)(C)-(D). Inaddition, In following addition, following settlement settlement withCarol with Carol Anne Manleyaand AnneManley ndDavid David Cd C) Peterson, Plaintiffs now seek fees torecover from andexpenses ofRuby theestate for Peterson Peterson, Plaintiffs now seek to recover fees and expenses from the estate of Ruby Peterson for Cd - bringing thislawsuit