CAUSE NO. DC-13-01890-F E.C. (ELIZABETH CORDIA), P.P. (PAMELA PICKENS), B.P. (T. BOONE PICKENS, JR.

), And T.P., (THOMAS B. PICKENS, III), Plaintiffs, v. MICHAEL O. PICKENS, Defendant. IN THE DISTRICT COURT

116th JUDICIAL DISTRICT

DALLAS COUNTY, TEXAS

________________________________________________________________________ DEFENDANTS MOTION TO DISMISS, AND FOR DAMAGES, COSTS AND ADDITIONAL FINDINGS UNDER CHAPTER 27 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE _____________________________________________________________________ Defendant Michael O. Pickens (Mike), files this formal Motion to Dismiss, and for damages, costs and additional findings, pursuant to Section 27.001. et seq. of the Texas Civil Practice and Remedies Code, against Plaintiffs Elizabeth Cordia (E.C.), Pamela Pickens (P.P.), T. Boone Pickens, Jr. (B.P.), and Thomas B. Pickens, III (T.P.) as follows: I. PRELIMINARY STATEMENT Plaintiffs filed this lawsuit in an effort to stop Mike from posting stories about his life and family on his Blog and elsewhere. Plaintiffs attached the portions of the Blog about which they complain to both their first and second amended petitions. Mikes story generally concerns the historical events that have shaped his behavior and made him ultimately into the person he is today, baring many of his own trials and tribulations. Coupled with current societal concerns about substance abuse, parental emotional abuse and absent or abusive fathers, Mike tells his story from his own experience
DEFENDANTS MOTION TO DISMISS, AND FOR DAMAGES, COSTS AND ADDITIONAL FINDINGS UNDER CHAPTER 27 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE 1

and observations, which necessarily contains both factual and opinion statements about his family members, but primarily his father-- B.P., better known as T. Boone Pickens or Thomas Boone Pickens, Jr.. In his Blog postings, Mike hardly mentions the other Plaintiffs P.P. and T.P. P.P. is Mikes sister Pamela M. Pickens; and T.P. is Mikes younger brother, Tom Pickens or Thomas Boone Pickens, III. Further, nowhere in any of his stories has Mike mentioned E.C., Elizabeth Lizzy Cordia, who is Mikes step-sister. Mike never even refers to Lizzy indirectly in any of the complained about Blog posts. In their petition, Plaintiffs have alleged claims of Invasion of Privacy Intrusion on Seclusion, Invasion of Privacy Public Disclosure of Private Facts, and Violation of CPRC 143.01, which they further entitled Harmful Access by Computers. Primarily, Plaintiffs have sought injunctive relief to prevent Mike from writing about his family. The Court already has recognized that the claims alleged by the Plaintiffs infringe on Mikes freedom of speech, which is protected by both the 1st Amendment to the United States Constitution and the Texas Constitution. Even the Plaintiffs have agreed that their lawsuit implicates Mikes freedom of speech by signing off on the Agreed Temporary Injunction, dated March 1, 2013. That order allows Mike to publish stories about his family members when the stories have a logical nexus to Mikes own personal observations and experiences about them. In other words, the agreed injunction limits Mikes writings only in the sense that he is prevented from publishing anything that would not be protected free speech. Now, Mike moves to dismiss the claims of the Plaintiffs in their entirety under the Texas Citizens Participation Act, which is codified in Chapter 27 of the Texas Civil
DEFENDANTS MOTION TO DISMISS, AND FOR DAMAGES, COSTS AND ADDITIONAL FINDINGS UNDER CHAPTER 27 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE 2

Practices and Remedies Code (CPRC) under the heading Actions Involving the Exercise of Certain Constitutional Rights. The statute is a type of AntiSLAPP law, which is an acronym for Strategic Lawsuits Against Public Participation. One of the purposes of the Texas Citizens Participation Act is to encourage and safeguard the constitutional rights of persons to speak freely. So, if a legal action is based on, relates to, or is in response to a party's exercise of the right of free speech, that party may file a motion to dismiss the legal action.1 Upon the filing of such a motion to dismiss, all discovery is suspended until the Court determines the motion.2 A hearing on the motion to dismiss must be set not later than the 30th day after the date of service of the motion unless the docket conditions of the court require a later hearing.3 And the trial Court must rule on a Chapter 27 motion to dismiss not later than the 30th day following the date of the hearing on the motion.4 II. FACTS A. Procedural History

On February 14, 2013, Plaintiff P.P. (Pamela Pickens) alone filed a filed an original petition against John Doe. In addition to violating TRCP 79, which requires Pamela to state her name as a party to the lawsuit, she alleged that a John Doe was unknown to her. In addition to such nonsense, she alleged that this unknown defendant had posted false information to damage his [sic] hard-earned reputation and thereby had committed an
1 2 3 4

Tex. Civ. Prac. & Rem.Code Ann. 27.003 (Vernon Supp.2012). Id. 27.003(c). Id. 27.004. Id. 27.005(a).

DEFENDANTS MOTION TO DISMISS, AND FOR DAMAGES, COSTS AND ADDITIONAL FINDINGS UNDER CHAPTER 27 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE

invasion of privacy.5 Then on February 15, 2013, the other Plaintiffs were added to the lawsuit E.C. (Lizzy Cordia), B.P. (T. Boone Pickens, Jr.) and T.P. (Thomas Pickens III), and they named M.P. (Michael O. Pickens) as the defendant.6 The Court issued a temporary restraining order (TRO) on the same date, and the TRO was served on Mike on Sunday February 17, 2013. Plaintiffs intended to put a full-court press on Mike, and on February 19, 2013, they filed a motion for contempt against him.7 This resulted in the Court issuing a Show Cause Order on the same day. And the Court set the hearing on the Show Cause Order for March 1, 2013, the same day as the hearing on Plaintiffs application for temporary injunction was set. On February 26, 2013, Plaintiffs filed a Second Amended Petition, which is the active petition at the time of this motion.8 On March 1, 2013, Mike filed a response to the motion for contempt and the application for an injunction.9 In addition to procedural defects, Mike argued that the Plaintiffs would not be able to show probable success on the merits. The Court denied the
See Plaintiffs Original Petition. Rather than attach all filings, Defendant requests that the Court take judicial notice of the case file.
5

See Plaintiffs First Amended Original Petition and Application for Temporary Restraining Order and Permanent Injunctive Relief.
6 7 8

See Plaintiffs Emergency Motion for Contempt and Motion to Enforce This Courts Order.

See Plaintiffs Second Amended Original Petition and Application for Temporary Restraining Order and Permanent Injunctive Relief (Second Amended Petition). See Special Exceptions To Temporary Restraining Order, Response To Motion For Contempt And Opposition To The Application For Temporary Injunction, the applicable portions of which are incorporated into his motion.
9

DEFENDANTS MOTION TO DISMISS, AND FOR DAMAGES, COSTS AND ADDITIONAL FINDINGS UNDER CHAPTER 27 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE

Motion for Contempt, and then, after hearings on the motions, the parties agreed to an Agreed Temporary Injunction. The parties specifically agreed that Mike could publish matters pertaining to his family if the matters and events described bear a logical nexus to his own experiences and observations, and although there is no legal requirement that he do so, Mike agreed to a procedure for the Plaintiffs to request a limitation on the person to whom Mike could directly send his publications. Now, because Plaintiffs legal action is a SLAPP lawsuit, Mike moves to dismiss the case in its entirety under the Texas Anti-SLAPP statute. B. Fact History 1. In general, Mikes story is about his own journey from a substance abuse at a very young age to his becoming clean as a middle-aged adult.

Plaintiffs claims all relate to Mikes publication of stories about his life and his family found in the portion of his Blog, entitled 5 Days in Connecticut (the Blog), that Plaintiffs attached to their Second Amended Petition as Exhibit B. Plaintiffs also complain about Mikes dissemination of the Blog through a link to the Blog that Mike has distributed by email as well as on Twitter, as referenced in Exhibit D to the petition. According to Plaintiffs, certain statements in the Blog, which they highlighted on their Exhibit B, somehow invade their privacy. Attached to this motion as Exhibit 1 is the full version of Mikes Blog as it existed just prior to when Plaintiffs filed this lawsuit. Note that this contains much more than the portion of the Blog of which Plaintiffs complain in their Second Amended Petition (as Exhibit B). Without repeating the entire Blog, the primary theme concerns Mikes history of,

DEFENDANTS MOTION TO DISMISS, AND FOR DAMAGES, COSTS AND ADDITIONAL FINDINGS UNDER CHAPTER 27 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE

and then recovery from, substance addiction. In the Blog post about which the Plaintiffs complain the most, entitled My Story, Mike tells about having his first beer when he was only 12 years old and then starting to take his moms valium, snorting cocaine and even taking LSD not long thereafter. From, there, Mike tells about his long history of addiction: When I truly got clean, 40 years after my addiction began, it was absolutely necessary that I grow up emotionally or I would have an extremely difficult time living life as a 52 year old instead of a 12 year old. In the Blog post entitled, more About the Miracle, dated November 25, 2012, Mike describes how he achieved the emotional growth he needed while he was in rehab at the Alina Lodge (a substance abuse rehabilitation facility): The Lodge ruined my lifelong, deluded hope that ultimate luxury would create a life for me that was happy, joyous and free. Slowly, over time, and due to the focused, individualized work I was assigned, I found myself living a life of incredible happiness, unlimited joy and a freedom I had never had, at the Lodge, for the 1st time in my life. When I left the Lodge, my only interest was others. I desperately wanted to connect, help and love other people. 2. The alleged Xanax/heroin over-dose death of Ty Pickens or, the answer to the question what caused Plaintiffs to sue Mike, and why now?

One may ask what caused this matter to come to a head. The simple answer from the Plaintiffs would be Mikes post on February 6, 2013 My Life.10 As with most things in life, however, it is not nearly that simple. On January 29, 2013, just prior to the My Life post, Thomas Ty Pickens, IV died
10

Exhibit B to the Second Amended Petition.

6

DEFENDANTS MOTION TO DISMISS, AND FOR DAMAGES, COSTS AND ADDITIONAL FINDINGS UNDER CHAPTER 27 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE

at the age of 21. Among many other places, this was reported by the Dallas Morning News on its Internet site dallasnews.com -- Grandson of T. Boone Pickens, TCU Student Ty Pickens, dies.11 To make matters even more tragic, on February 1, 2013, NBCDFW.com published an article entitled, Sources: Heroin Use Probed in Death of Pickens Grandson, reporting that [a]t least one witness told investigators that Pickens, a student at Texas Christian University, took the prescription Xanax and later injected heroin in the hours before he died.12 A simple Internet search reveals many stories published about this tragic incident. Ty was Mikes, Pamelas and Lizzys nephew, was Boone Pickens grandson and was Tom Pickens son. Unfortunately, Ty was/is not the only Pickens grandchild in trouble. At least one other grandchild is in drug rehab currently. So, determined to shed light on the family dynamics that led to Tys death, Mike published the lengthy post, My Life, on February 6, 2013, exposing a great deal of his own colorful history and especially the controlling and uncaring behavior of his father.13 Out of respect for the sensitive nature of Tys death, Mike did not mention it. A review of the full version of Mikes Blog reveals that Mike was writing about his family in relation to his substance addiction, coupled with commentary about his family, and in particular his father, Boone Pickens (B.P.), well in advance of posting My Life. His family had paid no attention to the ramblings of the black sheep (Mike) of the family, but
11 12 13

Exhibit 2 is a true and correct copy of the Dallas Morning News article. Exhibit 3 is a true and correct copy of the NBC article.
See Exhibit 1.
7

DEFENDANTS MOTION TO DISMISS, AND FOR DAMAGES, COSTS AND ADDITIONAL FINDINGS UNDER CHAPTER 27 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE

with Tys untimely death, perhaps now they would. However, instead of exhibiting any semblance of self-reflection, in a grand exhibition of hubris, ego-centrism and paranoia, the Plaintiffs sued to enlist state action (i.e., the Court) to shut Mike up. Better to sweep ones dirt under the rug rather than engage in the hard work of cleaning it up. 3. Mikes goal, even before Tys death, was to focus on Americas chronic drug addiction problem.

According to the American Society of Addiction Medicine: Addiction is a primary, chronic disease of brain reward, motivation, memory and related circuitry. Dysfunction in these circuits leads to characteristic biological, psychological, social and spiritual manifestations. This is reflected in an individual pathologically pursuing reward and/or relief by substance use and other behaviors. Addiction is characterized by inability to consistently abstain, impairment in behavioral control, craving, diminished recognition of significant problems with ones behaviors and interpersonal relationships, and a dysfunctional emotional response. Like other chronic diseases, addiction often involves cycles of relapse and remission. Without treatment or engagement in recovery activities, addiction is progressive and can result in disability or premature death.14 On December 3, 2012, Mike writes in his post entitled, Alina Lodge people: Addiction is now an affliction of epidemic proportions, a terminal disease of the mind, body and soul. More often than not, it gets swept under the rugs of denial & delusion, or other more sinister lairs. Addiction is but a symptom of the devastating spiritual void of the human soul, an unavoidable byproduct of the materialistic economies of our developed world. Mike is hardly alone in recognizing that addiction is a primary health concern for the country. Science Daily, available online at www.sciencedaily.com, on January 8, 2013

A true and correct copy of the American Society of Addiction Medicine publication is attached as Exhibit 4. The publication may also be found online at http://www.asam.org/for-the-public/definition-ofaddiction.
14

DEFENDANTS MOTION TO DISMISS, AND FOR DAMAGES, COSTS AND ADDITIONAL FINDINGS UNDER CHAPTER 27 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE

published an article entitled, Prescription Drug Misuse Remains a Top Public Health Concern.15 In that article, the administrator of the Substance Abuse and Mental Health Services Administration, Pamela S. Hyde, is quoted saying, Addressing prescription drug misuse remains a top public health priority. And the article quotes Gil Kerlikowske, Director of National Drug Control Policy, Prescription drug abuse is a major problem throughout our nation . . . . 4. Mike discovers that solving the puzzle of addiction requires examining the negative family dynamics that allow addiction to thrive.

In his Blog post entitled chronic recurrent humiliation, dated on November 1, 2012, Mike makes several astute and personally relevant observations about the underlying causes drug/addiction epidemic: Is addiction caused by drugs alone? Or do chronic stress and trauma in childhood play the determining factor in predicting who will lose control once they start using drugs? . . . the continuing role of childhood trauma in addiction gains increasing scientific traction. Early life experience programs the brain and body for the environment it encounters: a calm, nurturing upbringing will orient a child to thrive in most conditions, while a stressful, barren one will predispose it to conditions of scarcity, anxiety and chaos. . . . early neglect -- an absence of parenting--can be as traumatic as overt abuse. . . . research confirms a whole body of literature showing that the more stressful your childhood experiences-and the more different your types of stress-the greater your odds of later life addiction. The Adverse Childhood Experiences (ACE) study which includes some 17,000 participants in California's Kaiser Permanente insurance program, found multiple, dosedependent relationships between severe childhood stress and all types of addictions, including overeating. Adverse childhood experiences measured included emotional, physical and sexual abuse, neglect, having a mentally ill or
15

A true and correct copy of the Science Daily article is attached as Exhibit 5.
9

DEFENDANTS MOTION TO DISMISS, AND FOR DAMAGES, COSTS AND ADDITIONAL FINDINGS UNDER CHAPTER 27 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE

addicted parent, losing a parent to death or divorce, living in a house with domestic violence and having an incarcerated parent. Compared to a child with no ACEs, one with six or more is nearly three times more likely to be a smoker as an adult. A child with four or more is five times more likely to become an alcoholic and 60% more likely to become obese. And a boy with four or more ACEs is a whopping 46 times more likely to become an IV drug user later in life than one who has had no severe adverse childhood experiences. One factor does stand out, however. I would have assumed before we looked at it that probably the most destructive problem would be incest-but interestingly it was not, it was co-equal with the others, says Felitti. Instead, he notes, The one with the slight edge, by 15% over the others, was chronic recurrent humiliation, what we termed as emotional abuse, citing examples like parents calling their children stupid and worthless. 5. Mikes self analysis reveals that the real antagonist in Mike life story turns put to be his own father -- T. Boone Pickens (B.P.), the leader of the Plaintiff pack.

Defining addiction and then examining its causes, Mike turns to examine his own life to determine the triggers leading to his former demise and later resurrection. You can't connect the dots looking forward; you can only connect them looking backwards.16 On October 21, 2012, in Early to mid childhood, Mike recalls being 9 or 10 years old: I had compared my home and parents, many times, to my friends homes & their parents. My "home" was a sham. This, I was certain of. And on October 15, 2012, Mike posts, in note to John G,: Theres been a consistent pattern & method of abuse since I was a child. Id never been able to put it all together before Alina [Lodge] because Id always
Quote from Steve Jobs, founder of Apple. See http://www.brainyquote.com/quotes/quotes/s/stevejobs416875.html#7DV3M9KddZQlel2.99.
16

DEFENDANTS MOTION TO DISMISS, AND FOR DAMAGES, COSTS AND ADDITIONAL FINDINGS UNDER CHAPTER 27 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE

10

blamed myself and it was so confusing. Mike goes on to reminisce about his father more specifically: . . . money is he only thing he values in life. When I was a kid, it ended up with me in his closet getting whipped with a belt. None of my siblings have ever experienced my experience. He has his own specially tailored method for each of us, and I believe, everyone in his life, to sustain the fear of him. On September 3, 2012, in his post entitled, Never had this in our family, Mike remorsefully longs for a past that never was and perhaps a future with his father that will never be: Elders who have worked though their own failures and inadequacies and come to terms with their lives are able to mentor or without controlling, give advice without criticizing, and help people who are younger to get in touch with their own strength, their own soul. Just as with addiction, there is a general public outcry for fathers to be more involved in and to be a positive influence on their childrens lives. In fact, on the Texas Department of Family and Protective Services its website, the department states the goal of the Texas Fatherhood Initiative: The initiative shines a light on ways to provide services that engage fathers even if those fathers do not currently live in the homes of their children or aren't actively involved in their children's lives. We are also working with national fatherhood organizations to get a national view on engaging fathers. A father is an important part of a family and his love and care is critical to the development of healthy children. An involved father can make a big difference in how children deal with the challenges of life from day to day. Our mission is to give men, and their families, the support and services they need to be fully involved dads. Children are more likely to enjoy school, take part in extracurricular activities, and graduate from high school more when their fathers are active in their lives. When fathers are involved, their children are less likely to fail a grade, miss
DEFENDANTS MOTION TO DISMISS, AND FOR DAMAGES, COSTS AND ADDITIONAL FINDINGS UNDER CHAPTER 27 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE 11

school, or misbehave at school.17 And let us not kid ourselves here Boone was not a good father certainly he has not been the type of father that Mike or his siblings needed when they were growing up. This is the reason he wants so badly to silence Mike though this lawsuit. And Boones failure is not a secret -- he has expressly admitted that he has been less than a family man: . . . like so many self-made monarchs, Pickens now finds his empire roiled by internecine strife. Some, if not all, of the turmoil is also self-made. As he has publicly admitted several times, his unrelenting quest for financial success has taken precedence over his family life for the better part of the past 50 years. And if his achievements in business were often hard earned, his pride in them has just as often been narcissistic.18 (Emphasis added.) According to the same article, Boone reportedly deposited a treasury check made out to Mike. That was in 1987, and the Treasury Check was for $135,000.00. Boone took other things from Mike as well. This includes, but is not limited to: in 1973 Boone took his car, worth $7,500 at the time; in 1988, Boone took Mikes $150,000 inheritance from his grandfather; in 1987, Boone took $570,000 from Mikes 401K; and later Boone sold off numerous items of Mikes property -- airplanes, houses, etc., worth $750,000 for fire sale prices. 6. And the Father of the year award goes to . . .

Plaintiffs appear to have no problem with Mike telling about his own personal history before he got clean. Rather, the Plaintiffs complain about Mikes telling the history of why
17

See Exhibit 6, a true and correct copy of the Texas

Department of Family and Protective Services

Texas Fatherhood Initiative, found online at

http://www.dfps.state.tx.us/Child_Protection/Family_Based_Support/Fathers_Matter/. See Exhibit 7, a true and correct copy of an article entitled Trials and Tribulations of T. Boone Pickens, Upstart Business Journal, April 16, 2007, found online at http://upstart.bizjournals.com/executives/features/2007/04/16/Fortune-Hunter.html?page=all
18

DEFENDANTS MOTION TO DISMISS, AND FOR DAMAGES, COSTS AND ADDITIONAL FINDINGS UNDER CHAPTER 27 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE

12

and how he had become addicted, regardless of whether it is based on fact or is Mikes personal opinion and regardless of the societal backdrop of current national crises related to addiction, emotionally abusive parents or absent fathers. Underscoring the Plaintiffs desire to silence Mike, they complain even though references to any of them other than Boone are vague at best. For example, nowhere in the Blog does Mike mention or even refer Lizzy, and nowhere in the portion of Mikes Blog about which Plaintiffs complain does Mike mention Pamela Tom Pickens by name. And Mike never names his oldest sister, who has the sense to stay away from this frivolous lawsuit brought orchestrated and controlled by Boone. Mikes purpose is best stated in his own words: Today, I have the courage to speak up about this disease that has ravaged my extended family and those of many friends; it continues to kill, predictably. Today, I live the message I was so very privileged to receive: one given freely by those who've ventured down the road of Recovery before me. This, the road to recovery from chemical and process addictions, the well known symptoms of Childhood Trauma. Often, we create a personal hell not by what we perpetrate but by what we allow to happen. I barely lived, trapped in my own hellish prison for decades; lost, alone, confused and self-medicated. Those days are over, forever. I've inherited the responsibility to show others the way out, so they are able to live a life of peace, a life God intended for them, before they were traumatized by the chronic recurrent humiliation of child abuse, always resulting in childhood trauma. Much of the loneliness and isolation addicts and their addicted families experience is a direct result from remaining hidden and silent.19

See Exhibit B to the Second Amended Petition, Mikes Blog, dated February 9, 2013, entitled, Execute the Child Abusers today.
19

DEFENDANTS MOTION TO DISMISS, AND FOR DAMAGES, COSTS AND ADDITIONAL FINDINGS UNDER CHAPTER 27 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE

13

III. MOTION 1. Mike was served with this lawsuit on February 17, 2013. He has filed this

motion within 60 days of service of the legal action, in accordance with CPRC 27.003(b). 2. Plaintiffs lawsuit is a legal action is based on, is related to and/or is in

response to Mikes exercise of his right of free speech.20 The necessary definitions or portions thereof applicable here are found in CPRC 27.001: 27.001(6): Legal action means a lawsuit, cause of action, petition, complaint, cross-claim, or counterclaim or any other judicial pleading or filing that requests legal or equitable relief. Exercise of the right of free speech means a communication made in connection with a matter of public concern. Communication includes the making or submitting of a statement or document in any form or medium, including oral, visual, written, audiovisual, or electronic. Matter of public concern includes an issue related to: (A) health or safety; (B) community well-being; (D) a public figure. 3. Mikes Blog posts and writings relate to a matter of public concern regarding,

27.001(3): 27.001(1)

27.001(7):

without limitation, matters of health and safety and community well-being as related to addiction, parental emotional abuse and fathers responsibilities to their children. 4. In addition, there is little doubt that Boone Pickens is a public figure. And to

the extent any of the stories include other members of Mikes family, the stories bear a

20

Id. 27.003(a).

DEFENDANTS MOTION TO DISMISS, AND FOR DAMAGES, COSTS AND ADDITIONAL FINDINGS UNDER CHAPTER 27 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE

14

logical nexus to Mikes own life experiences and observations or are otherwise matters of his opinion. 5. All such matters are matters of public concern, concern a public figure and are

free-speech protected by the 1st amendment to the United States Constitution and the Texas Constitution. As such, the Plaintiffs legal action to prevent Mikes exercise of free speech is a SLAPP lawsuit subject to dismissal under CIV. PRAC. & REM. CODE 27.003. IV. PRAYER Defendant requests that the Court dismiss Plaintiffs legal action with prejudice. Defendant further requests that the Court award him all of his allowable damages and costs pursuant to TEX. CIV. PRAC. & REM. CODE 27.009. In addition, Defendant requests that the Court make additional findings pursuant to TEX. CIV. PRAC. & REM. CODE 27.007.

DEFENDANTS MOTION TO DISMISS, AND FOR DAMAGES, COSTS AND ADDITIONAL FINDINGS UNDER CHAPTER 27 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE

15

Respectfully submitted,

Collin Porterfield, Esq. TEXAS BAR #16159900 10217 Stone Falls Lane Frisco, TX 75035 Tel. 214-837-6532 Fax 888-381-7760 Collin@porterfieldlegal.com ATTORNEY FOR DEFENDANT CERTIFICATE OF SERVICE I certify that on March 29, 2013, I caused this document to be served by facsimile upon counsel of record for the Plaintiffs.

Collin Porterfield

DEFENDANTS MOTION TO DISMISS, AND FOR DAMAGES, COSTS AND ADDITIONAL FINDINGS UNDER CHAPTER 27 OF THE TEXAS CIVIL PRACTICE AND REMEDIES CODE

16