Case 2:16-cv J Document 1 Filed 02/23/16 Page 1 of 10 PageID 1

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1 REESE RIEMER. AMARILLO DIVISION Case 2:16-cv J Document 1 Filed 02/23/16 Page 1 of 10 PageID 1 { DOCX} 1 Delaware its registered office located at Corporation Trust Center, 1209 N Orange Street, Wilmington, citation by serving its registered agent for service of process, The Corporation Trust Company, at place of business in Omaha, Nebraska. Defendant Rural Media Group, Inc. may be served with 2. Defendant Rural Media Group, Inc. is a Delaware corporation with its principal Hutchison County, Texas, located in the Amarillo Division ofthe Northern District of Texas. 1. Plaintiff Reese Riemer is an individual of the State of Texas who resides in A. PARTIES ("Defendants"), and would show the Court as follows: Rural Media Group, Inc., RFD-TV, LLC, and RFD-TV Events, LLC d/b/a RMG Events, LLC Reese Riemer (hereinafter "Plaintiff' or "Reese") files this Original Complaint against TO THE HONORABLE JUDGE OF SAID COURT: PLAINTIFF'S ORIGINAL COMPLAINT Plaintiff, v. RURAL MEDIA GROUP, INC., RFD-TV, LLC, AND RFD-TV EVENTS, LLC d/b/a RMG EVENTS, LLC Defendants. CIVIL ACTION NO. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS

2 3. Defendant RFD-TV, LLC is a limited liability company formed under the laws of Delaware with its principal place of business in Omaha, Nebraska. Defendant RFD-TV, LLC may be served with citation by serving its registered agent for service of process, The Corporation Trust Company, at its registered office located at Corporation Trust Center, 1209 N Orange Street, Wilmington, Delaware business as RMG Events, LLC, is a limited liability company formed under the laws ofnebraska with its principal place of business in Omaha, Nebraska. Defendant RFD-TV Events, LLC may be served with citation by serving its registered agent for service of process, Drew K. Theophilus, Esq., at its registered office located at 921 Village Square, PO Box 866, Gretna, Nebraska B. U.S.C because the parties are residents of different states, and Plaintiff seeks damages of more than $75,000. maintained minimum contacts with the state of Texas sufficient to subject it to personal jurisdiction consistent with due process under the Fourteenth Amendment to the United States Texas by establishing minimum contacts with Texas and the Court's exercise of jurisdiction over Defendants does not offend traditional notions of fair play and substantial justice. Case 2:16-cv J Document 1 Filed 02/23/16 Page 2 of 10 PageID 2 { DOCX} 2 Constitution. Defendants have purposefully availed themselves of the benefits and protections of 7. The Court has personal jurisdiction over Defendants because they have 6. The Court has subject matter jurisdiction over the claims brought herein under 28 JURISDICTION AND VENUE 5. All defendants listed above are collectively referred below as "Defendants." 4. Defendant RFD-TV Events, LLC, formerly known as, founded under, and doing

3 8. Venue is proper in the Northern District of Texas under 28 U.S.C. 1391(b)(2) because a substantial part of the events or omissions giving rise to the claim occurred in the Northern District of Texas. c. BACKGROUND FACTS 9. On Sunday, March 1, 2015, RFD-TV, owned by Rural Media Group, Inc., sponsored and presented The American Rodeo at AT&T Stadium in Arlington, Texas ("The American"). Contestants were able to participate in The American by automatic invitation (already well-known top contestants in the world known as "invitational contestants") or by successfully completing a qualification process (known as "qualifiers"). To properly qualify, according to RFD-TV's promotion of The American Rodeo on its website, a contestant must qualify at a top-quality event in the country, and then undergo another competition round at RFD-TV's The American Semifinals held on February 22, 2015 ("The Semifinals"). 10. Reese Riemer, a talented and experienced tie down roping contestant, has been participating in rodeos for years. Due to his successes in 2014, he qualified to enter The Semifinals held on February 22, 2015, for a chance to advance to The American to be held on March 1, At The Semifinals, Reese placed fifth in the Tie Down Roping Shootout Round with a time of 8.09 seconds. The top six winners of The Semifinals Tie Down Roping competition were qualified to participate in The American Rodeo held at AT&T Stadium, and Reese gladly accepted the RFD's invitation to advance to The American, which is promoted as the "world's richest one-day rodeo." 11. As a qualifier, Reese had to complete and sign a Qualifier Participant Application, Waiver and Release. In consideration for Reese receiving the opportunity to participate in The American events and have the chance to be awarded significant prize money, Reese agreed to { DOCX} 3 Case 2:16-cv J Document 1 Filed 02/23/16 Page 3 of 10 PageID 3

4 allow RMG Events and RFD-TV to use Reese's appearance, name or likeness commercially for broadcasting, commercials and other uses. 12. Defendants represented to Reese and all other rodeo contestants that the first place winner of each event of The American Rodeo would be awarded $100,000 each, whether the winner was an automatic invitational contestant, or a qualifier (like Reese) who partook in the pot: $1,000,000 side pot. AT&T Stadium. Reese won first place in his event, beating out three-time world champion roper Rodeo). By winning first place in his event outright, Reese was awarded $100,000, a new Polaris Case 2:16-cv J Document 1 Filed 02/23/16 Page 4 of 10 PageID 4 { DOCX} 4 Tuf Cooper (who was an invitational contestant and had an automatic invitation to The American 14. On March 1, 2015, RFD-TV broadcasted and presented The American Rodeo at If there is a tie for placement in the Shootout Round, the tie breaker will be determined from the contestants' two head average times. If that fails to break the tie, the contestants will be considered cochampions, co-winners of paying positions, splitting the purse. *lfthis happens between an invitational contestant and a qualifying contestant, the qualifying contestant does not qualify for their share of the and a qualifier, the qualifying contestant is not eligible for his or her share of the $1 million side 13. The American rules state that if a tie occurs between an invitational contestant After qualifying at any of the top-quarrty events held around the country, qualifiers must then make il: through another round of COf'lllefition at RFD-TVs THE AMERICAN Semifinals_ The top qualifiers in each event advance to AT&T stadium and are eligible for the $1 millfon side pot To win a share ofthe $1 million, a qualifier must win their event at RFD-1Vs THE AMERICAN, beating out the best in the wor1d_ contestants, if a qualifier won his event, he would be entitled to a share of a $1 million side pot: among other prizes. Additionally, as promoted in RFD-TV articles and represented to the nearly $50,000 in prizes, including a new Polaris RANGER ATV and a champion's saddle, qualification process and The Semifinals. Each first place winner was also entitled to take home

5 RANGER ATV, a champion's saddle, and other prizes. Additionally, since he was a qualifier who placed first in his event, he was entitled to a share of the $1 million side pot. 15. Taylor Price, the first place winner of the bareback riding competition at The American, was also a qualifier and eligible to a share of the $1 million side pot. Per the agreement and representations between the contestants and Defendants, Reese and Taylor were invitational contestant-to any share of the side pot, Randy Bernard, the CEO of RFD-TV, told Reese that RFD-TV agreed to pay KC a share of the side pot and that $83,000 would be deducted from his winnings and from Taylor's winnings. In an interview following the controversy regarding KC Jones's payout ofthe side pot, Randy Bernard stated that "RFD-TV is hosting The American to help the sport, not to hurt anybody. We want to do what's right." In this broadcast, Bernard claimed that he and Reese agreed to allowing KC Jones to take a piece of Case 2:16-cv J Document 1 Filed 02/23/16 Page 5 of 10 PageID 5 { DOCX} 5 above in paragraph 13. Although the rules clearly do not allow KC-a qualifier who tied with an in the steer wrestling event, challenged The American rules regarding tie breakers, as outlined 16. On March 3, 2015, KC Jones, a qualifier who tied with an invitational contestant Tie Down Roping: Preliminary Rotmd: 1. Tuf Cooper, Decatur, Texas, 6.98 seconds; 2. Timber Moore, Aubrey, Texas, 7.12; 3. Reese Riemer; stinnett, Texas 7.25; 4. Cole Bailey, Okmulgee, Okla., 7.3. Final Rouoo: 1. Reese Riemer, Stinnett, Texas, 7.59 seconds, $100,000 ptus 5500,000 bonus; 2_ TufCooper, Decatur, Texas, 8.38, $25,000. promotes the fact that he shared in the million dollar purse: the conclusion of the 2015 event, the Defendants' own website declares Reese the winner and ($100,000 for winning first place and $500,000 for his share in the $1 million side pot). Since winner prizes. There is no dispute that Reese was the winner of his event, and is owed $600,000 entitled both Reese and Taylor to an additional $500,000 each, in addition to the first place entitled to split the $1 million side pot, as no other qualifiers placed first in their events. This

6 Reese's winnings. While this is an admission by RFD that Reese was entitled to be paid, no such conversation ever took place. 17. On March 4, 2015, Reese was issued a check from RMG Events, LLC for $517,000 (reflecting the $83,000 deduction that RFD-TV awarded to KC Jones): Walk Thrg-o Banlt. N.A. MEMO_L&JI/C(q 1«../1M'f-r4M/A.J had been put on his check for $517,000 due to these rumors. Mr. Gottsch threatened Reese with prison time and told him to obtain a lawyer. Rodeo and did very well, accumulating additional winnings. An RFD-TV correspondent interviewed Reese after the Houston Rodeo, and the correspondent continued to promote his success at The American and his share of the $1 million side pot. Case 2:16-cv J Document 1 Filed 02/23/16 Page 6 of 10 PageID 6 { DOCX} Later in March 2015, Reese participated in the Houston Livestock Show and assured Mr. Gottsch that no deal had been made, he was abruptly informed that a stop payment competition had made a deal to split the bonus pool regardless of the outcome. Although Reese on the telephone to question him about rumors that the qualifiers in the tie down roping 19. On March 5, 2010, Patrick Gottsch, owner and founder ofrfd-tv, called Reese champion's saddle for winning the tie down roping competition at The American. delivered, and is currently in use on the Riemer ranch. Additionally, Reese also received the 18. As part of the winnings promised to Reese, a new Polaris RANGER ATV was

7 Case 2:16-cv J Document 1 Filed 02/23/16 Page 7 of 10 PageID Even as of February 2016, RFD-TV continues to use the publicity from the 2015 American to promote the 2016 American Rodeo event, and have done so for the past year: THE AM ERICAN 2015 : Winner- Tie Down Ropin g SALU TE THE CROWD Tie down roping cham pnon Reese Riemer takes his nat off for the crowd after win ning at THE AMERlCAN in RFD-TV Even ts, l LC RFD-TV, Roper Wraps-Up Title, The American- 2015, /roperwraps-up-title {last visited Feb. 17, 2016). { DOCX } 7

8 THE AMERICAN 20 15: Winner- T ie Down Roping economic advantage. For the past year, Defendants have continued to capitalize on Reese's image and his success in order to build up Defendants' goodwill, promote the 2016 American Case 2:16-cv J Document 1 Filed 02/23/16 Page 8 of 10 PageID 8 {00!62867.DOCX} In doing so, RFD is capitalizing on Reese's name and likeness to its own RFD-TV, Roper Wraps-Up Title, The American- 2015, {last visited Feb. 17, 20 16). Rc:c:sc: Ric:mc:r takes <1 ride.:lround AT8T Stadium on n Polo.ris Rnngc:r ilftcr wiflning the tic down roping c:vcnt at THE AMERICAN in 201 >. LAP AROUND THE AR~NA

9 Rodeo, and to increase subscribers to their network. The Defendants have continuously and repeatedly acknowledged and declared that Reese is the winner of the 2015 American Rodeo Tie Down Roping Competition. These continuous aclmowledgements are admissions by Defendants that Reese is entitled to the $600,000 he is owed. The Defendants continue to capitalize on this positive publicity despite the fact that they have reneged on their promises. D. CAUSES OF ACTION Breach of Contract performed his obligations under the contract, Defendants failed to do so, materially breaching the contract in several ways, which has proximately damaged Reese in an amount within the jurisdictional minimums of this Court. As its remedy for this breach of contract, Reese seeks his out of pocket damages, and thus, judgment against Defendants in the amount of $600,000. Attorneys' Fees seeks the recovery of their reasonable and necessary attorneys' fees pursuant to Chapter 38 of the Texas Civil Practice & Remedies Code. E. DEMAND FOR JURY TRIAL F. PRAYER Inc., RFD-TV, LLC, and RFD-TV Events, LLC be cited to appear and answer, and that upon final trial, Plaintiff has judgment against Defendants as follows: Case 2:16-cv J Document 1 Filed 02/23/16 Page 9 of 10 PageID 9 ( DOCX) 9 WHEREFORE, Plaintiff Reese Riemer requests that Defendants Rural Media Group, 25. Plaintiff Reese Riemer demands a trial by jury. 24. Plaintiff has retained the undersigned attorneys to prosecute this action. Plaintiff 23. Plaintiff and Defendants entered into a valid contract. Although Reese fully

10 {00!62867.DOCX} a. actual damages; b. reasonable and necessary attorneys' fees; c. pre-judgment interest at the maximum non-usurious rate; d. all taxable court costs; and e. all other relief to which Plaintiff is justly entitled. 10 Respectfully submitted, 700 Louisiana, Suite 2000 Houston, Texas Tel: (713) Fax: (713) Jody Sheets State Bar No S. Tyler, Lobby Box 80 Amarillo, Texas Tel: (806) Fax: (713) ATTORNEYS FOR PLAINTIFF REESE RIEMER Case 2:16-cv J Document 1 Filed 02/23/16 Page 10 of 10 PageID 10