Case 3:20-cv-00516-VAB Document 1 Filed 04/16/20 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF CONNECTICUT

OLIVER LUCK §
§
Plaintiff §
§
v. § CIVIL NO.
§
VINCENT K. MCMAHON §
§ APRIL 16, 2020
Defendant. §

COMPLAINT

Plaintiff, Oliver Luck, by and through his undersigned attorneys, as and for his Complaint

against Defendant, Vincent K. McMahon (“Defendant” or “McMahon”), hereby alleges as

follows, based on knowledge of his own actions, and on information and belief as to all other

matters:

I. INTRODUCTION

1. This lawsuit concerns Defendant’s breach of guaranty

-
as Commissioner and CEO of the XFL, a professional football league. Despite

fulfilling his obligations as Commissioner and CEO since May 30, 2018, Mr. Luck was wrongfully
of Mr. Luck’s

terminated by Alpha Entertainment LLC (“Alpha”), an affiliate of Defendant, on April 9, 2020.1

Thus, Alpha has repudiated Mr. Luck’s employment agreement. Mr. Luck brings this action for

breach of contract and declaratory judgment against McMahon,

 
1
Moreover, on April 13, 2020, Alpha filed its petition for Chapter 11 bankruptcy protection in the United States
Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”), Case No. 20-10940 (LSS). At the same
time, Alpha filed its Eleventh Omnibus Motion for Entry of an Order Authorizing the Debtor to Reject Certain
Executive Contracts Effective at the Petition Date, by which Alpha seeks an order of the Bankruptcy Court authorizing
it to reject, inter alia, the Employment Contract (as defined below) under 11 U.S.C. § 365(a), effective as of the date
of the filing of the bankruptcy on April 13, 2020. (In re Alpha Entertainment LLC, Case No. 20-10940, ECF No. 22
(Bankr. D. Del.)). Under 11 U.S.C. § 365(g)(1), the rejection of an executory contract “constitutes a breach of such
contract . . . immediately before the date of the filing of the petition.” In this lawsuit, Plaintiff does not seek any relief,
recovery or judgment against Alpha.

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II. THE PARTIES

2. Plaintiff, Oliver Luck, is a citizen of Indiana.

3. Defendant, Vincent K. McMahon, is a citizen of Connecticut.

III. JURISDICTION AND VENUE

4. This Court has diversity jurisdiction over the subject matter of this action pursuant

to 28 U.S.C. § 1332(a)(2) because the parties are citizens of different states and the amount in

controversy exceeds $75,000, exclusive of interest and costs.

5. Venue is proper in the District of Connecticut pursuant to 28 U.S.C. §1391(b)

because McMahon, the only defendant, resides in this judicial district. Additionally, Mr. Luck

performed a substantial part of his employment obligations, and McMahon breached his

obligations, in this judicial district. Thus, venue is also proper in the District of Connecticut

pursuant to 28 U.S.C. § 1391(b) because a substantial part of the events giving rise to the claims

asserted occurred in this judicial district.

IV. BACKGROUND FACTS

6. Mr. Luck agreed to be the Commissioner and CEO for the new professional football

league known as the XFL. On May 30, 2018, Mr. Luck entered into the Contract for Employment

as Commissioner and CEO (the “Employment Contract”). See Employment Contract, attached

hereto as Exhibit 1.

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7. McMahon is the controlling owner of Alpha.

8. The Employment Contract is further governed by the Confidentiality, Non-

Solicitation and Non-Competition Agreement dated May 30, 2018. See Ex. 1 at Exhibit B (the

“CNNA”). Consequently, as a precaution, Mr. Luck files under seal all exhibits hereto with his

contemporaneously filed Motion to Seal Portions of Complaint and Exhibits 1-3 to Complaint and

Memorandum of Law in Support thereof. D. CONN. L. CIV. R. 5(e).

9.

10.

. Mr. Luck wholly disputes and rejects the allegations set forth in the

Termination Letter and contends they are pretextual and devoid of merit.

11. McMahon has failed to perform his duties under the Guaranty

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Accordingly,

are now due and owing to Mr. Luck by McMahon.

V. CLAIMS FOR RELIEF

COUNT ONE - BREACH OF CONTRACT

12. Plaintiff incorporates herein by reference all preceding paragraphs.

13. Because Alpha wrongfully terminated and repudiated the Employment Contract

without cause, now immediately due and

payable to Mr. Luck.

14.

15.
McMahon has breached his obligations under the Guaranty by failing
-
As a result, Mr. Luck has suffered damages in an amount exceeding the minimum

jurisdictional amounts of this Court.

COUNT TWO - DECLARATORY JUDGMENT

16. Plaintiff incorporates herein by reference all preceding paragraphs.

17. In accordance with 28 U.S.C. § 2201, an actual controversy exists between Mr.

Luck and McMahon.

18. Mr. Luck seeks, and is entitled to, a declaration that McMahon’s obligations under

the Guaranty are

19. Further, Mr. Luck seeks and is entitled to, a declaration that McMahon
-
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PRAYER FOR RELIEF

WHEREFORE, based on McMahon’s conduct complained of herein, Mr. Luck asks that

this Court enter judgment in Mr. Luck’s favor, and against McMahon, and award to Mr. Luck:

a. Actual damages;

b. Reasonable attorneys’ fees, expenses, and costs of court;

c. All pre- and post-judgment interest as allowed by law at the highest rate allowed

by law, including interest pursuant to Conn. Gen. Stat. § 37-3a; and

d. Declaratory Judgment as set forth above.

Mr. Luck further prays for all other relief to which he may be entitled.

DEMAND FOR JURY TRIAL

Mr. Luck requests a trial by jury for all issues so triable pursuant to FED. R. CIV. P. 38(b)

and 38(c).

PLAINTIFF OLIVER LUCK

/s/ Andrew M. Zeitlin

Andrew M. Zeitlin (Fed. Bar No. ct21386)
Joette Katz
SHIPMAN & GOODWIN LLP
300 Atlantic Street
Stamford, Connecticut 06901
Tel.: (203) 324-8100
Fax: (203) 324-8199
Email: azeitlin@goodwin.com
Email: jkatz@goodwin.com

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AND (PRO HAC VICE APPLICATIONS PENDING)

/s/ Paul J. Dobrowski

Paul J. Dobrowski
Vanessa L. Pierce
DOBROWSKI, LARKIN & STAFFORD, L.L.P.
4601 Washington Avenue, Suite 300
Houston, Texas 77007
Telephone: (713) 659-2900
Facsimile: (713) 659-2908
Email: pjd@doblaw.com
Email: vpierce@doblaw.com

HIS ATTORNEYS

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EXHIBIT 1
FILED UNDER SEAL
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EXHIBIT 2
FILED UNDER SEAL
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EXHIBIT 3
FILED UNDER SEAL
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JS 44 (Rev. 09/19) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS

Oliver Luck Vincent K. McMahon

(b) County of Residence of First Listed Plaintiff Marion, Indiana County of Residence of First Listed Defendant Fairfield, Connecticut
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

Shipman & Goodwin LLP, 300 Atlantic Street, Stamford, CT 06901

(203) 324-8100

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State

’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
I CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES I
’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act
’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 376 Qui Tam (31 USC
’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 3729(a))
’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 400 State Reapportionment
’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 410 Antitrust
& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 430 Banks and Banking
’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 450 Commerce
’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 835 Patent - Abbreviated ’ 460 Deportation
Student Loans ’ 340 Marine Injury Product New Drug Application ’ 470 Racketeer Influenced and
(Excludes Veterans) ’ 345 Marine Product Liability ’ 840 Trademark Corrupt Organizations
’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY ’ 480 Consumer Credit
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) (15 USC 1681 or 1692)
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending Act ’ 862 Black Lung (923) ’ 485 Telephone Consumer
’ 190 Other Contract Product Liability ’ 380 Other Personal ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) Protection Act
’ 195 Contract Product Liability ’ 360 Other Personal Property Damage Relations ’ 864 SSID Title XVI ’ 490 Cable/Sat TV
’ 196 Franchise Injury ’ 385 Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 850 Securities/Commodities/
’ 362 Personal Injury - Product Liability ’ 751 Family and Medical Exchange
Medical Malpractice Leave Act ’ 890 Other Statutory Actions
I REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 790 Other Labor Litigation FEDERAL TAX SUITS ’ 891 Agricultural Acts
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: ’ 791 Employee Retirement ’ 870 Taxes (U.S. Plaintiff ’ 893 Environmental Matters
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee Income Security Act or Defendant) ’ 895 Freedom of Information
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party Act
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 ’ 896 Arbitration
’ 245 Tort Product Liability Accommodations ’ 530 General ’ 899 Administrative Procedure
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION Act/Review or Appeal of
Employment Other: ’ 462 Naturalization Application Agency Decision
’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration ’ 950 Constitutionality of
Other ’ 550 Civil Rights Actions State Statutes
’ 448 Education ’ 555 Prison Condition
’ 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
’ 1 Original ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 Transferred from ’ 6 Multidistrict ’ 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
28 USC 1332
VI. CAUSE OF ACTION Brief description of cause:
Breach of Contract
VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ’ Yes ’ No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
04/16/2020 /s/ Andrew M. Zeitlin ct21386
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

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