Filed 12 October 2 P2:54 Chris Daniel - District Clerk Harris County ED101J017109004 By: Lakeita Dotson

NO. 2012-57924 SCOTT WIEBER IN THE DISTRICT COURT OF

VS.

HARRIS COUNTY, TEXAS

STEVEN DSHAWN FRANCIS

334TH JUDICIAL DISTRICT

PLAINTIFFS FIRST AMENDED ORIGINAL PETITION Plaintiff, SCOTT WIEBER, complains of Defendant, STEVEN DSHAWN FRANCIS, as follows: Discovery Control Plan 1. In accordance with Rule 190.1 of the Texas Rules of Civil Procedure, discovery is

intended to be conducted under Level 2 of Rule 190. Parties 2. Scott Wieber is an individual residing in Richmond, Fort Bend County, Texas.

Pursuant to section 30.014 of the Texas Civil Practice and Remedies Code (Code), the last three numbers of his drivers license number are 853 and the last three numbers of his social security number are 586. 3. Steven DShawn Francis is an individual who may be served with process at 632 Pifer

Road, Houston, Texas 77024-5434, or wherever he may be found. Venue 4. Venue is proper in Harris County pursuant to section 15.002(a)(1) of the Texas Civil

Practice and Remedies Code (Code) in that it is the county in which all or a substantial part of the events or omissions giving rise to the claim occurred.

Factual Background 5. Scott Wieber (Wieber) was the owner of a 1964 Ford Thunderbird, Vehicle

Identification Number 4Y83Z180876 (the Vehicle). 6. Steven DShawn Francis a/k/a Stevie Franchise (Francis) is a former professional

basketball player for several teams, including the Houston Rockets and New York Knickerboxers. After a lackluster end to his career in China with the Beijing Ducks where he averaged less than one (1) point per game, Francis returned to Houston and became involved in several businesses, including a construction company, a catering service, a barbershop, a lawn-mowing service, boxing promotions, and clothing line (We R One), as well as a hip hop record label named Mazerati Music, releasing a music video entitled Finer Things. It is estimated that during his professional career, Francis earned over $100,000,000. http://celebnetworth.org/steve-francis-net-worth-salary. 7. In January 2012, Wieber agreed to sell the Vehicle to Francis for $15,000.00. Francis

and Wieber agreed that Francis could make an initial $6,000.00 payment and then nine (9) monthly payments thereafter. Once the last payment was received by Wieber, Wieber would transfer title to Francis. The sale of the Vehicle was on an as is basis with no warranty. 8. Francis made the first payment by check to Wieber and Wieber delivered possession

of the Vehicle to Francis on or about January 18, 2012. 9. Francis immediately began to miss payments. Instead of making monthly payments,

Francis began making spurious excuses as to why he was not obligated to honor his commitment. For example, Francis claimed that the day after Wieber delivered the Vehicle to Francis, the Vehicle blew up in his drive way. However, Wieber only learned of this alleged incident approximately

one month after delivering the Vehicle to Francis when Franciss relative, Terrell a/k/a Gator, informed Francis that the Vehicle was in a repair shop. When Wieber spoke to the shop owner, the owner told Wieber that everything he fixed was from regular maintenance.

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10.

Despite demand, Francis has refused to fully pay for the Vehicle.

Francis is in

possession of the Vehicle. Causes of Action 11. hereinabove. Breach of Contract 12. Despite his vast wealth and fame, Francis has breached his agreement to purchase the Wieber has fully Wieber incorporates herein the factual allegations contained in paragraphs 4-10

Vehicle. Despite possessing the Vehicle, Francis refuses to pay for the Vehicle.

complied with his contractual obligations. Wieber sues Francis herein for breach of contract. Conversion 13. Francis is guilty of converting property belonging to Wieber. By refusing to pay for

the Vehicle, Francis has wrongfully exercised dominion and control over the personalty, despite demand for return of the Vehicle. Wieber suffered injury for which it seeks recovery herein. Attorneys Fees 14. Wieber has been forced to retain counsel and incur expenses including reasonable

attorneys fees and court costs. Wieber has retained the law firm of Dow Golub Remels & Beverly, LLP and has agreed to pay reasonable attorneys fees. An award of reasonable and necessary attorneys fees is authorized by Chapter 38 of the Texas Civil Practice and Remedies Code. 15. Wieber hereby designates the undersigned attorney, Sanford L. Dow, as his expert

to testify as to reasonable and necessary attorneys fees incurred in the preparation and trial of this lawsuit. Exemplary Damages 16. The intentional and unjustified tortious actions by Francis as described above were

undertaken with malice, in disregard of the rights of Wieber, with the intent to injure Wieber, and the conscious desire to profit at the expense of Wieber. To punish such actions and to deter others from similar wrongdoing, Wieber seeks punitive damages to deter such conduct. -3-

Conditions Precedent 17. All conditions precedent necessary to maintain this suit have been performed, have

been waived, or have occurred. Request for Disclosure 18. Pursuant to Rule 194 of the Texas Rules of Civil Procedure, Francis is requested to

disclose within fifty (50) days of service of this request, the information or material described in all of Rule 194.2. Prayer WHEREFORE, Plaintiff, SCOTT WIEBER, prays that Defendant, STEVEN DSHAWN FRANCIS, be cited to appear and answer herein and that, upon final hearing hereof, SCOTT WIEBER recover judgment against STEVEN DSHAWN FRANCIS for the following: (a) (b) (c) (d) (e) Actual Damages; Exemplary Damages in an amount to be determined by the trier of fact; Reasonable and necessary attorneys fees and costs of court; Prejudgment and Postjudgment interest at the maximum rate as allowed by law; and Such other and further relief to which SCOTT WIEBER may be justly entitled. Respectfully submitted, DOW GOLUB REM ELS & BEVERLY, LLP

By: /s/ Sanford L. Dow Sanford L. Dow State Bar No. 00787392 Nine Greenway Plaza, Suite 500 Houston, Texas 77046 (713) 526-3700/FAX (713) 526-3750 ATTORNEYS FOR PLAINTIFF
U:\Wieber\FirstAmended01.wpd

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