Case: 25CO1:17-cv-04608-MVP Document #: 18 Filed: 11/27/2017 Page 1 of 3

IN THE COUNTY COURT OF HINDS COUNTY, MISSISSIPPI

FIRST JUDICIAL DISTRICT

MIKE FARRELL PLLC PLAINTIFF

VS. CAUSE NO. 174608

DANNY MCGEE OWENS, ET AL DEFENDANTS

MOTION TO DISMISS

COMES NOW, Black Diamonds of Jackson, LLC and Baby O’s of Jackson, LLC,

Defendants, by and through its counsel of record, and specially appears to file this Motion to

Dismiss, and would show unto the Court the following:

FIRST DEFENSE

Defendants hereby invoke and raise all 12(b)1-12(b)7 defenses available to them under

the Mississippi Rules of Civil Procedure, and will file a separate motion where applicable and if

necessary, setting forth the basis therefore.

SECOND DEFENSE AND MOTIONS

Defendants, Black Diamonds of Jackson, LLC and Baby O’s of Jackson, LLC, move to

dismiss the Complaint filed in this matter stating as follows:

1. The Court’s docket shows entries alleging that Summons has been returned

executed on Black Diamonds of Jackson, LLC and Baby O’s of Jackson, LLC.

2. As to Black Diamonds of Jackson, LLC, no service has been perfected. It’s

registered agent was removed in September 2016 and not replaced. Additionally, prior to the

filing of the Complaint, on or about September 6, 2017, the Mississippi Secretary of State issued

a notice of intent to dissolve the entity; as such, it may not exist at the time of filing the

Complaint. Further, the basis for the Complaint references two statements dated 7/5/15 and

8/11/15. Black Diamonds of Jackson, LLC did not exist until February 25, 2016, and as such, it
Case: 25CO1:17-cv-04608-MVP Document #: 18 Filed: 11/27/2017 Page 2 of 3

could not have contracted with the Plaintiff. Additionally, no written contract between Black

Diamonds of Jackson, LLC and the Plaintiff was filed with the Complaint. As the amount alleged

to be in issue exceeds the amount set forth in the Statute of Frauds with no writing to support the

same, the Complaint is due to be dismissed as to this Defendant.

3. As to Baby O’s of Jackson, LLC, no service has been perfected. It’s registered

agent for service of process is Linda D. Hilty. Ms. Hilty has not been served. Additionally, prior

to the filing of the Complaint, on or about September 6, 2017, the Mississippi Secretary of State

issued a notice of intent to dissolve the entity; as such, it may not exist at the time of filing the

Complaint. Further, the basis for the Complaint references two statements dated 7/5/15 and

8/11/15. Baby O’s of Jackson, LLC did not exist until November 2, 2016, and as such, it could

not have contracted with the Plaintiff. No written contract between Baby O’s of Jackson, LLC

and the Plaintiff was filed with the Complaint. As the amount alleged to be in issue exceeds the

amount set forth in the Statute of Frauds with no writing to support the same, the Complaint is

due to be dismissed as to this Defendant.

WHEREFORE, PREMISES CONSIDERED, Defendants, Black Diamonds of Jackson,

LLC and Baby O’s of Jackson, LLC specially appear before the Court to contest proper service

of process or jurisdiction and the failure to comply with the Statute of Frauds and hereby moves

this Honorable Court to dismiss them from this cause of action.

THIS the 27th day of November, 2017.

Respectfully submitted,

BLACK DIAMONDS OF JACKSON, LLC, AND

BABY O’S OF JACKSON, LLC, DEFENDANTS

By: s/H. Byron Carter, III____________________

H. BYRON CARTER, III – MSB #5907
Case: 25CO1:17-cv-04608-MVP Document #: 18 Filed: 11/27/2017 Page 3 of 3

OF COUNSEL:
CARTER LAW FIRM, P.A.
POST OFFICE BOX 720636
BYRAM, MISSISSIPPI 39272
TELEPHONE: 601-213-4170
FACSIMILE: 601-510-9776
HBCARTER@CARTERLAWFIRM.BIZ

CERTIFICATE OF SERVICE

I hereby certify that on this day I electronically filed the foregoing pleading or other paper

with the Clerk of the Court using the MEC filing system, which should send notification of such

filing to the following:

Mike Farrell, Esq.

Mike Farrell, PLLC
201 East Capitol Street, Suite 2180
Jackson, MS 39201
mike@farrell-law.net

Further, I hereby certify that I have this date forwarded via U.S. Mail, postage prepaid

and properly addressed, a true and correct copy of the above and foregoing to:

No one.

THIS, the 27th the day of November, 2017.

s/H. Byron Carter, III

OF COUNSEL

MIKE FARRELL PLLC VS. DANNY MCGEE OWENS, ET AL

COUNTY COURT OF HINDS COUNTY, NO. 174608
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Case: 25CO1:17-cv-04608-MVP Document #: 2 Filed: 10/19/2017 Page 1 of 3

IN THE COUNTY COURT OF HINDS COUNTY, MISSISSIPPI

Mike Farrell PLLC Plaintiff

v. Cause r c 1 ~ """ ' '

Danny McGee Owens

•Daniel Daxon Owens Defendant
•Danny's Restaurant LLC
. Danny's of Jackson, LLC
• 'Black Diamonds of Jackson, LLC
. Denny's Restaurant LLC
~ Danny's of Jackson LLC
Black Diamonds of Jackson LLC
Baby O's of Jackson, LLC
Baby 0 Restaurant, Inc.

Complaint

The plaintiff hereby files suit f1r breach of contract.

Parties
1. The plaintiff is a Mississipp~ Professional Limited Liability Company doing bustness
in Jackson, Hinds County, Mississippi.
2. The defendant Daniel Dax cfwens is an adult resident of Madison County,
Mississippi.
3. The defendant Danny McGe~ Owens is an adult resident of Madison, County
Mississippi.
4. Black Diamonds of Jackson,ILLC, and Baby O's of Jackson, LLC, can be served with
service upon Danny McGee Owens. T~e other corporate defendants can be served with serv1ce
upon Daniel Dax Owens.
5. The corporate defendants o~n and operate gentlemen's clubs known in the Jacks~n,
Mississippi, community as "Danny's" 1nd "Black Diamonds."
6. Both individual Owens defeidants are actively involved in the management and
ownership of both clubs.

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7. Danny Owens and Dax Owe s frequently change the corporate name ofthe entitiles
that operate the gentlemen's clubs to a oid creditors They failed to file annual statement or1pay
the franchise tax and therefore caused orne of the corporate defendants to be suspended by ~he
Mississippi Secretary of State and ther by lose their corporate status.
8. The corporate defendants th t are in good standing with the Mississippi Secretar~ of
State are: (1) Danny's Restaurant, LL , (2) Danny's of Jackson, LLC and (3) Black Diamdnds
of Jackson, LLC, and Baby O's of Ja kson, LLC
9. The corporate defendants th tare no longer in good standing with the Mississipp.
Secretary of State are: (1) Parcel Dr. R staurant, Inc., (2) Parcel Dr. Entertainment, LLC an~ (3)
Rankin Street Restaurant, Inc. and Bab 0 Restaurant, Inc.
10. As owners and managers, ax Owens and Danny Owens have a personalliabili~y for
the liabilities of those former corporate entities that have been suspended by the Secretary

State.
11. As owners and managers of the corporate defendants, Dax Owens and Danny uwens
have a personal liability for the claims ~aised herein by the plaintiff.

Jurisdiction
12. This court has jurisdiction ~ver the parties and the subject matter. The contract lin
question was entered into in Hinds Co
Facts
14. The defendants initially ret ined the services of the plaintiff to represent them in a
Department of Labor investigation clai ing that Baby 0 Restaurant, Inc. dba "Danny's" h
improperly paid the dancers. Dax Ow ns made the initial contact to retain the plaintiff. W
he was presented with a proposed retai er agreement. Dax Owens stated he could not enter ~nto
the agreement without the approval of is father Danny McGee Owens, Dax Owens obtai
that approval and therefore signed the ngagement agreement on 7/7114 on behalf of the
defendants.
15. The defendants agreed to piy to pay the plaintiff $305 per hour for his services.! As
part of that agreement, the defendant p id an initial retainer of $5,000 and agreed to thereaner
pay when billed.

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. Case: 25CO1:17-cv-04608-MVP Document #: 2 Filed: 10/19/2017 Page 3 of 3

16. The scope of the engageme t was later expanded to defend Baby 0 Restaurant in a
case filed by the EEOC claiming empl yment discrimination. The scope of the agreement
later extended to cover the defense of a EEOC charge against Black Diamond.
17. Over the next year, the plai tiff spent over 140 hours in representing the defendtmts

in all three cases.

18. The plaintiff sent the defentlant two statements dated 7/5115 and 8/11/15 totalin

$37,752.
19. The defendants have refus1d to pay these past due amounts in spite of demands !made

On him by the plaintiff.

20. Pursuant to Section § 11-5~-81 of the Mississippi Code, the plaintiff sent a dem~nd
letter on August 21, 2015, giving the d~fendant (30) days to pay. The defendant has still refused

to pay.
21. The defendants' refusal to fay was a willful, wanton and malicious breach of hi
contractual obligations.

Request for Relief

22. For the above reasons, the plaintiff hereby demands judgment of $37,752.00 plus
pre-judgment interest, punitive damag~s and legal fees.

Dated: October ;q, 2017.

~
Mike Farrell
Mike Farrell, PLLC
210 E. Capitol Street
Regions Plaza, Suite 2180
Jackson, MS 39201
T: 601-948-8030
F: 601-948-8032
mike@farrell-law .net