Motion For Prejudgment Remedy

Case 3:20-cv-00516-VAB Document 21 Filed 04/21/20 Page 1 of 7
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF CONNECTICUT
OLIVER LUCK §
§
Plaintiff §
§
v. § CIVIL NO. 3:20-cv-516 (VAB)
§
VINCENT K. MCMAHON §
§ APRIL 21, 2020
Defendant. §
PLAINTIFF’S APPLICATION FOR PREJUDGMENT REMEDY
To the United States District Court for the District of Connecticut:
The applicant, plaintiff Oliver Luck, hereby respectfully applies, pursuant to Conn. Gen.
Stat. §§ 52-278a, et seq., and in accordance with Rule 64 of the Federal Rules of Civil Procedure
and Rule 4(c) of the Local Rules of Civil Procedure for District of Connecticut, for a prejudgment
remedy against defendant Vincent K. McMahon (“McMahon”), in the amount and to the extent
described below. In support hereof, the undersigned represents as follows:
1. Mr. Luck commenced this action with the filing of his Complaint on April 16, 2020.
2. As described below and in the accompanying declaration of Mr. Luck, dated April
20, 2020, there is probable cause that a judgment in the amount of the prejudgment remedy sought,
or in an amount greater than the amount of the prejudgment remedy sought, taking into account
any known defenses, counterclaims, or setoffs
will be rendered in this matter in favor of Mr. Luck. To secure said
judgment, Mr. Luck seeks an order from this Court directing that a prejudgment remedy be granted
to secure the sum of against McMahon, as more fully described below.
Summary of Plaintiff’s Claims
3. On May 30, 2018, Mr. Luck entered into a Contract for Employment as
Commissioner and CEO (the “Employment Contract,” attached as Exhibit 1 to Mr. Luck’s
declaration) with Alpha Entertainment LLC (“Alpha”). As set forth in the Employment Contract,
Mr. Luck agreed to serve as the Commissioner and CEO of the XFL, a professional football league,
4. The Employment Contract provides that Mr. Luck is to receive,
5. McMahon, as the controlling owner of Alpha,
(the
“Guaranty”).
6. Under the Guaranty,
7. The Employment Contract provides that
8. By letter dated April 9, 2020,
2
9. The allegations set forth in the Termination Letter are pretextual and devoid of
merit. As described in Mr. Luck’s declaration, and in his response letter to the Termination Letter
dated April 16, 2020 (the “Response Letter,” attached as Exhibit 3 to Mr. Luck’s declaration),
The following are two examples of the baseless allegations in the Termination
Letter, the others also being fully addressed in the Response Letter.
a. One example of a baseless allegation in the Termination Letter relates to the
b. Another baseless allegation in the Termination Letter accuses Mr. Luck of
3
10. During Mr. Luck’s time as Commissioner and CEO of the XFL, neither Alpha nor
McMahon provided him with written notice of any purported belief that he was not executing his
responsibilities with competence or diligence,
11. By April 10, 2020, Alpha had suspended operations of the XFL and laid off most
of its staff. On April 13, 2020, Alpha filed for Chapter 11 bankruptcy protection in the United
4
States Bankruptcy Court for the District of Delaware.1
12. Alpha wrongfully terminated and repudiated the Employment Contract for
pretextual and meritless reasons, and
McMahon has failed
to perform his obligations under the Guaranty.
13. The amount due to Mr. Luck totals no less than
The Requested Relief
14. Accordingly, Mr. Luck requests a prejudgment remedy in the amount of
, for an attachment and/or garnishment of the defendant’s assets, whether real or personal,
tangible or intangible, or any kind whatsoever, including, but not limited to:
(a) all assets of McMahon; and
(b) any and all assets of obligations in the name of third persons or entities that
are owed to or being held for the benefit of McMahon.
15. Mr. Luck further seeks an order requiring McMahon to disclose assets sufficient to
1 In this Application, Mr. Luck does not seek any relief, remedy, or recovery against Alpha or
the bankruptcy estate of Alpha.
5
satisfy said prejudgment remedy, in accordance with Conn. Gen. Stat. § 52-278n and the
accompanying Motion for Disclosure of Assets.
WHEREFORE, plaintiff Oliver Luck respectfully requests that this Application be granted
in full, together with such other and further relief as the Court deems proper.
Respectfully submitted,
PLAINTIFF OLIVER LUCK
/s/ Andrew M. Zeitlin

Andrew M. Zeitlin (Fed. Bar No. ct21386)
Joette Katz (Fed Bar No. ct30935)
SHIPMAN & GOODWIN LLP
300 Atlantic Street
Stamford, CT 06901
Telephone: (203) 324-8100
Facsimile: (203) 324-8199
Email: azeitlin@goodwin.com
Email: jkatz@goodwin.com
AND
/s/ Paul J. Dobrowski

Paul J. Dobrowski (phv10563)
Vanessa L. Pierce (phv10561)
DOBROWSKI, LARKIN & STAFFORD, L.L.P.
4061 Washington Avenue, Suite 200
Houston, Texas 77007
Telephone: (713) 659-2900
Facsimile: (713) 659-2908
Email: pjd@doblaw.com
Email: vpierce@doblaw.com
HIS ATTORNEYS
6
CERTIFICATE OF SERVICE
I hereby certify that on April 21, 2020, a copy of the foregoing Plaintiff’s Application for
Prejudgment Remedy was filed electronically and served on anyone unable to accept electronic
filing. Notice of this filing will be sent by e-mail to all parties by operation of the Court’s electronic
filing system, or by mail to anyone unable to accept electronic filing as indicated on the Notice of
Electronic Filing. Parties may access this filing through the Court’s CM/ECF System.
/s/ Andrew M. Zeitlin

Andrew M. Zeitlin (Fed. Bar. No. ct21386)
SHIPMAN & GOODWIN LLP
300 Atlantic Street
Stamford, CT 06901
Telephone: (203) 324-8100
Facsimile: (203) 324-8199
Email: azeitlin@goodwin.com

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Case 3:20-cv-00516-VAB Document 21 Filed 04/21/20 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT

PLAINTIFF’S APPLICATION FOR PREJUDGMENT REMEDY

To the United States District Court for the District of Connecticut:

described below. In support hereof, the undersigned represents as follows:

any known defenses, counterclaims, or setoffs

will be rendered in this matter in favor of Mr. Luck. To secure said

to secure the sum of against McMahon, as more fully described below.

Summary of Plaintiff’s Claims

4. The Employment Contract provides that Mr. Luck is to receive,

5. McMahon, as the controlling owner of Alpha,

6. Under the Guaranty,

7. The Employment Contract provides that

8. By letter dated April 9, 2020,

a. One example of a baseless allegation in the Termination Letter relates to the

b. Another baseless allegation in the Termination Letter accuses Mr. Luck of

responsibilities with competence or diligence,

States Bankruptcy Court for the District of Delaware.1

pretextual and meritless reasons, and

McMahon has failed

to perform his obligations under the Guaranty.

13. The amount due to Mr. Luck totals no less than

The Requested Relief

14. Accordingly, Mr. Luck requests a prejudgment remedy in the amount of

(a) all assets of McMahon; and

are owed to or being held for the benefit of McMahon.

accompanying Motion for Disclosure of Assets.

PLAINTIFF OLIVER LUCK

/s/ Andrew M. Zeitlin

/s/ Paul J. Dobrowski

/s/ Andrew M. Zeitlin

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