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DALLAS COUNTY
3/14/2017 3:43:42 PM
FELICIA PITRE
DISTRICT CLERK
above-styled and titled cause, pursuant to Texas Rule of Civil Procedure 60, and would
I. PRELIMINARY STATEMENT
Intervenor filed suit against Defendant Uplift Fort Worth CDC (Defendant), on
December 31, 2014 seeking recovery of damages from Defendant for breach of contract and
assault. Defendant was properly served with a copy of the lawsuit, yet failed to answer. As a
result, the Court issued a Default Judgment in the amount of $234,213.77 with post-judgment
interest thereon at the rate of 5 percent per annum from the date of the Judgment, April 27, 2015.
In accordance with Rule 190.4 of the Texas Rules of Civil Procedure, Intervenor seeks
damages more than $50,000.00 and therefore intends that a Level 2 Discovery Control Plan
Texas Drivers License number is XXXXX492 and his Social Security Number is XXX-XX-
X958.
organized and existing under the laws of the State of Texas with its principal place of business
located at 4000 E. Berry Street, Fort Worth, Texas 76105-4952. Uplift has appeared in this
Defendant-in-Intervention has appeared in this matter and service of process is not necessary at
this time.
County. Defendant-in-Intervention has appeared in this matter and service of process is not
County. Defendant-in-Intervention has appeared in this matter and service of process is not
County. Defendant-in-Intervention has appeared in this matter and service of process is not
County. Defendant-in-Intervention has appeared in this matter and service of process is not
County. Defendant-in-Intervention has appeared in this matter and service of process is not
Body, has appeared in this matter and service of process is not necessary at this time.
with his residence located at 3120 Creek Crossing Road, Mesquite, Texas 75181. Defendant-in-
Intervention has appeared in this matter and service of process is not necessary at this time.
resident of Texas with his residence located at 6856 Seacoast Drive, Grand Prairie, Texas 75054.
Defendant-in-Intervention has appeared in this matter and service of process is not necessary at
this time.
IV. JURISDICTION
This court has jurisdiction over this action pursuant to Tex. Const. art. V, 8 and because
the matter in controversy exceeds the sum or value of the jurisdictional limits of the Court, exclusive
All parties to this action are residents of the State of Texas, or alternatively have engaged
V. VENUE
Venue is proper pursuant to TEX. CIV. PRAC. & REM. CODE 15.002 as all or a substantial
part of the events or omissions giving rise to this claim occurred in Dallas County, Texas.
Pursuant to Texas Rule of Civil Procedure 47, Plaintiff seeks monetary relief over
Kevin Jefferson is a resident of Dallas County. Uplift Fort Worth CDC is a non-profit
corporation that operates Prime Prep Academy School District, a charter school with campuses in
Fort Worth and Dallas. He was hired by Defendant to serve as the Chief Financial Officer of Prime
On August 1, 2013, Jefferson and Uplift entered into a written employment contract. The
contract was signed by Jefferson and by Rachel King-Sanders on behalf of Prime Prep Academy
School District. Uplift Fort Worth CDC holds the charter for Prime Prep Academy, and the board
members of Uplift Fort Worth CDC run and manage Prime Prep Academy.
In October 2013, Jefferson was assaulted during a staff meeting at Uplifts facility. As a
result of this assault, filed suit of December 31, 2014, which resulted in a Judgment, a true and
correct copy of which is attached as Exhibit A. Uplift has failed to render payment for the amounts
Jefferson has filed an application for writ of garnishment in the 116th Judicial District Court
wherein Comerica Bank is the garnishee. A true and correct copy of the application is attached
hereto as Exhibit B. The 116th Judicial District Court is the Court that issued the underlying
judgment against Uplift, and as a result is the proper court to consider the garnishment action. King
By their recent motion, the parties to this action seek to transfer funds the subject of the
garnishment. As such, Jefferson is forced to intervene in this cause to ensure this Court is provided
notice that the funds the subject of the recent motion are at issue in the garnishment action
proceeding in the 116th Judicial District Court. Jefferson, a valid judgment holder against Uplift,
not be transferred to the plaintiffs in this matter, who hold no valid judgment against Uplift.
Kevin Jefferson hereby incorporates and realleges the matters set forth in the preceding
There is a genuine claim or controversy regarding to whom the funds held by Comerica
Bank should be paid. Jefferson seeks the funds because he has a valid, subsisting judgment, and
has filed a garnishment proceeding to have the funds turned over. Plaintiffs in this suit seek to
Therefore, in accordance with the Texas Declaratory Judgment Act, Chapter 37, of the
Texas Civil Practice and Remedies Code, Plaintiff seeks declaratory relief and respectfully
requests that the Court enter an order declaring that Plaintiffs shall not obtain the funds the
subject of the garnishment action, which must be used in satisfaction of the valid, subsisting
Accordingly, under, among other things, the Texas Declaratory Judgment Act, Chapter
37, of the Texas Civil Practice and Remedies Code, Jefferson seeks the above referenced
declaration along with its reasonable and necessary attorneys fees in connection with bringing
Jefferson hereby incorporates and realleges the matters set forth in the preceding
Jefferson has retained the firm of POWERS TAYLOR LLP to represent it in this action and
Under 38.001 of the Texas Civil Practice & Remedies Code, Jefferson seeks recovery of
Considering the premises, Kevin Jefferson prays that Defendant Uplift Fort Worth CDC
be cited to appear and answer herein, and that upon final trial, he obtains the following relief:
(iv) such other relief, special or general, at law or in equity, to which Jefferson may be
justly entitled.
Respectfully submitted,
The undersigned hereby certified that on this 14th day of March, 2017 a copy of the
foregoing pleading was served on all counsel of record via the Courts electronic filing system.
CAUSE NO DC-14-15052
DEFAULT JUDGMENT
On this day came on to be heard the above-entitled and numbered cause wherein Kevin
Jefferson, is Plaintiff and Uplift Fort Worth is Defendant. The Defendant, although having been
Citation was served according to law and returned to the clerk where it remained on file
for the time required by law. The Court has read the pleadings. and the papers on file, and is of
the opinion that the allegations of Plaintiff's Petition have been admitted and that the cause of
action is liquidated and proven by an instrument in writing, and find that Defendant is indebted
to Plaintiff in the sum of $230,666 32, and should recover a reasonable attorneys' fee which the
Court finds to be $2,893 00 along with expenses in the amount of $654 45.
Jefferson, Plaintiff, have and recover of and from Defendant Uplift Fort Worth CDC the sum of
$234,213.77 with post-judgment interest thereon at the rate of 5 percent per annum from the date
of this judgment until paid, together with costs of court in this behalf expended.
Plaintiff is allowed such writs and processes as may be necessary in the enforcement and
Plaintiff Kevin Jefferson (Jefferson or Plaintiff), who has a valid, subsisting judgment
against Uplift Fort Worth CDC d/b/a Prime Prep Academy (Defendant), files this application
for writ of garnishment against Garnishee Comerica Bank (Garnishee), seeking recovery of
I. PARTIES
2. Garnishee is Comerica Bank, which may be served with citation by serving its
registered agent for service of process, Corporate Creations Network, Inc. located at 2425 W Loop
3. Venue and Jurisdiction are proper in this Court because this application is an
ancillary proceeding to the underlying lawsuit. See King & King v. Porter, 252 S.W. 1022 (Tex.
1923).
4. Plaintiff has a valid, subsisting, and final judgment against Defendant Uplift Fort
Worth CDC. This judgment was entered by the Dallas County District Court, 116th Judicial
District, on or about April 27, 2015. A true and correct copy of this judgment is attached hereto
5. Defendants last known address is 2301 North Collins, Suite 238, Arlington, Texas
76011. Although a non-party to this action, Defendant shall be served with a notice along with a
copy of the writ of garnishment, the application, and accompanying affidavits, and the orders of
the Court as soon as practicable after service of the writ on the garnishee by serving Defendant
personally at its address, 2301 North Collins, Suite 238, Arlington, Texas 76011.
6. Within Plaintiffs knowledge, Defendant does not possess property in Texas subject
to execution sufficient to satisfy the judgment. CBS local news has reported that the Texas
Education Agency said the school [Defendant, herein] doesnt have the money to continue one
more day, and that the financial resources simply arent there. A true and correct copy of the
the attached declaration. The declaration is attached as Exhibit A to this application and is
c. Plaintiff be granted additional attorneys fees and costs incurred in this garnishment
action; and
Respectfully submitted:
My name is Kevin Jefferson, and I am a Plaintiff in this cause. I have personal knowledge
of the facts stated in this declaration, and they are true and correct.
I own a judgment against Uplift Fort Worth CDC d/b/a Prime Prep Academy (Uplift),
which was rendered on April 27, 2015 by the Dallas County District Court, 116th Judicial District.
The judgment is valid, final and subsisting, and a supersedeas bond has not been approved and
filed to suspend execution of the judgment, the amount now due and unpaid on the judgment is
$256,255.53, which includes the judgment amount of $234,213.77 and post-judgment interest of
$22,041.76, accruing from April 27, 2015 at the judgment rate of 5% per annum. A true and correct
copy of this judgment is attached hereto as Exhibit A.1.
Within my knowledge, Uplift does not possess property in Texas subject to execution
sufficient to satisfy the judgment. CBS local news has reported that the Texas Education Agency
said the school [Defendant, herein] doesnt have the money to continue one more day, and that
the financial resources simply arent there. A true and correct copy of the CBS news report is
attached hereto as Exhibit A.2.
I have reason to believe and do believe that Garnishee has property belonging to Plaintiff
or is indebted to Plaintiff. On information and belief, Uplift has two valid bank accounts at
Comerica Bank located at 4400 Panola Avenue, Fort Worth Texas 76103, including one such
account with account number 1881707309 and routing number 111000753.
I declare under penalty of perjury that the foregoing is true and correct.
Dallas County on ___
Executed in ___________ 14th day of ______,
March 2017.
_____________________
Declarant
CAUSE NO DC-14-15052
DEFAULT JUDGMENT
On this day came on to be heard the above-entitled and numbered cause wherein Kevin
Jefferson, is Plaintiff and Uplift Fort Worth is Defendant. The Defendant, although having been
Citation was served according to law and returned to the clerk where it remained on file
for the time required by law. The Court has read the pleadings. and the papers on file, and is of
the opinion that the allegations of Plaintiff's Petition have been admitted and that the cause of
action is liquidated and proven by an instrument in writing, and find that Defendant is indebted
to Plaintiff in the sum of $230,666 32, and should recover a reasonable attorneys' fee which the
Court finds to be $2,893 00 along with expenses in the amount of $654 45.
Jefferson, Plaintiff, have and recover of and from Defendant Uplift Fort Worth CDC the sum of
$234,213.77 with post-judgment interest thereon at the rate of 5 percent per annum from the date
of this judgment until paid, together with costs of court in this behalf expended.
Plaintiff is allowed such writs and processes as may be necessary in the enforcement and
67
HOME NEWS SPORTS WEATHER TRAFFIC VIDEO AUDIO E.S.P. CONTESTS MORE
CBS 11 NEWS @ 4 & 5: Click Here To Watch The Newscast Live From 4:00 PM To 5:30 PM
PrimePrep,CharterSchoolStartedByDeionSandersClosed
January30,20159:43PM
FiledUnder:CBS11News,CBSDFW.com,Education,Local,News,PrimePrepAcademy
LISTENLIVE
(credit:KTVT/KTXA)
FOLLOWUSON
FollowCBSDFW.COM:Facebook|Twitter
FORTWORTH(CBSDFW.COM)PrimePrepAcademy,thecharter
school cofoundedbyDeionSanders,closedtoday.TheTexas
SignUpforNewsletters
EducationAgencysaidtheschooldoesnthavethemoneytocontinue
onemoreday.Theannouncementhasleftfamiliesscramblingtofigure
outwheretheirchildrenaregoingtogotoschool.
Whiletherewashopethischartercouldsurvivethroughtheendofthe
school year,thefinancialresourcessimplyarentthere,thestates
educationcommissionersaidinastatement.
ThecommissionerlashedintoPrimePrepspreviousleadershipFriday.
Hesaidtheupheavalcouldhavebeenavoidedifschool leaders
acknowledgedtheirfinancialproblemsearlierandworkedtowarda
transitionthatputstudentsfirst.Studentsliketheschoolsstar
quarterbackMichealCurtis,wholeftearlyFridaywhenherealizeditwas
hislastdayattheschool.
http://dfw.cbslocal.com/2015/01/30/prime-prep-charter-school-started-by-deion-sanders-closed/ 1/4
3/13/2017 Prime Prep, Charter School Started By Deion Sanders Closed CBS Dallas / Fort Worth
Itwasntthattodaywewerecaughtoffguardoranything,buttodays
kindofthelastdayyoucanseeeverybodysoitmakesitmorehardthan
itwouldanyotherday,saidCurtis.
ItwasntonlyanemotionaldayforCurtis,butformoststudentswhosaid
theschoolwaslikeasecondhomeforthem.
Everybodystartingbangingonthewalls,yellingRIPPrimePrep,said
PrimePrepStudent,EbonyWilliams.
TexasEducationAgencyrepresentativeswereoncampus,warning
studentstotakealltheirpersonalbelongings.
Icamebackuptosaymygoodbyes,paymydues,saidPrimePrep
studentMichaelCurtis.
TEArepresentativegavestudentsaletterwithalistofcharterswithina
10mileradiuswheretheycanenroll.ButmanystudentssaidPrimePrep
offeredthemsomethingtheyarentsuretheyllfindelsewhere.
Youfeelyourecaredfor.Yourenotjustanotherdemographicora
statistic,youreanactualstudent,saidCurtis.
(2015CBSLocalMedia,adivisionofCBSRadioInc.AllRights
Reserved.Thismaterialmaynotbepublished,broadcast,rewritten,or
redistributed.)
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http://dfw.cbslocal.com/2015/01/30/prime-prep-charter-school-started-by-deion-sanders-closed/ 2/4