Plaintiff Original Petition October 19, 2023 (2024)

 
Preview
 10/19/2023 11:37 PM Marilyn Burgess - District Clerk Harris County Envelope No. 80792721 2023-72987 / Court: 190 By: Chandra Lawson Filed: 10/19/2023 11:37 PM CAUSE NO. Jesus Robles, IN THE DISTRICT COURT OF Plaintiff v HARRIS COUNTY, TEXAS Live Nation Entertainment, Inc.; Live Nation Worldwide, Inc.; Live Nation Marketing, Inc.; JUDICIAL DISTRICT Front Gate Ticketing Solutions, LLC; Bradley Wavra; Darryl Platt; Michael Rapino; ScoreMore Holdings, LLC; ScoreMore MGMT, LLC; ScoreMore, LLC; Sascha Stone Guttfreund; Brent Silberstein; Trey Hicks; Apple, Inc.; ASM Global Parent, Inc.; ASM Global, LLC; SMG; Mark Miller; Jacques Berman Webster II a/k/a "Travis Scott" a/k/a "Cactus Jack"; Aubrey Drake Graham a/k/a "Drake"; BWG, Inc. a/k/a BWG Live; Tristar Sports & Entertainment Group, Inc.; XX Global, Inc.; Cactus Jack Enterprises, LLC; LAFlame Enterprises, LLC; Brye, Inc. d/b/a B3 Risk Solutions, LLC; Seyth Boardman; Contemporary Services Corporation; Apex Security; State Patrol Services, LLC d/b/a SPS Security; Valle Services, LLC; Valle Security Texas, LLC; AJ Melino & Associates, Inc.; Unified Command LLC; Paradocs Worldwide, Inc.; South Texas EMS, LLC; EIGHTEENTWENTYSIX, LLC; Re:Source Event Group, LLC; and Fuse Technical Group, LLC Defendants PLAINTIFF’S ORIGINAL PETITIONTO THE HONORABLE JUDGE KRISTEN HAWKINS Plaintiff Jesus Robles (hereinafter “Plaintiff”), by and through undersigned counsel, filethis First Amended Petition and allege the following: I. DISCOVERY CONTROL PLANPlaintiff's Original Petition Page 11 Pursuant to the provisions of Texas Rule of Civil Procedure 190.4, Plaintiffproposes to conduct discovery according to Discovery Control Plan Level 3. Il, PARTIESA. PLAINTIFF 2 Plaintiff is a citizen of California who suffered personal injuries and emotionaltrauma as a direct and proximate result of Defendants’ conduct by way of acts and/or omissions atAstroworld Festival 2021 (hereinafter “Astroworld Festival” or “Astroworld Festival 2021”)Defendants egregiously failed to protect the health, safety, and lives of those in attendance at theAstroworld Festival 2021B. DEFENDANTS 1 Live Nation Defendants 3 Defendant, Live Nation Entertainment, Inc., is a corporation registered toconduct business in Texas, and which conducts business in Texas on a continuous and systematicbasis and may be served with process through its registered agent, Corporate Creations Network,Inc., at 5444 Westheimer Road, Suite 1000, Houston, Texas 77056. Plaintiff asserts all rights andrequests all relief under Texas Rule of Civil Procedure 28 and demands that this Defendant answerin its true name, if it differs from that outlined above. Defendant Live Nation Entertainment, Inc.has entered an appearance through counsel in the above-referenced MDL, Master Docket No2021-79885, and may be served through said counsel of record. 4 Defendant, Live Nation Worldwide, Inc., is a corporation registered to conductbusiness in Texas, and which conducts business in Texas on a continuous and systematic basis andmay be served with process through its registered agent, Corporate Creations Network, Inc., at5444 Westheimer Road, Suite 1000, Houston, Texas 77056. Plaintiff asserts all rights and requestsPlaintiff's Original Petition Page 2all relief under Texas Rule of Civil Procedure 28 and demands that this Defendant answer in itstrue name, if it differs from that outlined above. Defendant Live Nation Worldwide, Inc. hasentered an appearance through counsel in the above-referenced MDL, Master Docket No. 2021-79885, and may be served through said counsel of record. 5 Defendant, Live Nation Marketing, Inc., is a corporation registered to conductbusiness in Texas, and which conducts business in Texas on a continuous and systematic basis andmay be served with process through its registered agent, Corporate Creations Network, Inc., at5444 Westheimer Road, Suite 1000, Houston, Texas 77056. Plaintiff asserts all rights and requestsall relief under Texas Rule of Civil Procedure 28 and demands that this Defendant answer in itstrue name, if it differs from that outlined above. Defendant Live Nation Marketing, Inc. has enteredan appearance through counsel in the above-referenced MDL, Master Docket No. 2021-79885,and may be served through said counsel of record. 6 Defendant, Front Gate Ticketing Solutions, LLC, is a corporation that wasincorporated in Delaware and is doing business in Texas. Defendant Front Gate TicketingSolutions, LLC, may be served with process by and through its registered agent, CorporationCreations Network Inc., at 5444 Westheimer, Suite 100, Houston, Texas 77056, or wherever itmay be found. Defendant Front Gate Ticketing Solutions, LLC has entered an appearance throughcounsel in the above-referenced MDL, Master Docket No. 2021-79885, and may be served throughsaid counsel of record. 7 Defendant, Bradley Wavra, is a natural person who may be served with process at5345 Donna Avenue, Tarzana, California 91356-3201. Defendant Bradley Wavra is a vicepresident and promoter at Defendant Live Nation Entertainment, Inc., who undertook and had anindependent duty of care to ensure a safe concert and safe concert operations as well as to screenPlaintiff's Original Petition Page 3and vet concert personnel to ensure they were property experienced, trained, and otherwisequalified to conduct safe concert operations, having been personally involved in the same. Plaintiffasserts all rights and requests all relief under Texas Rule of Civil Procedure 28 and demands thatthis Defendant answer in his true name, if it differs from that outlined above. Defendant BradleyWavra has entered an appearance through counsel in the above-referenced MDL, Master DocketNo. 2021-79885, and may be served through said counsel of record. 8 Defendant, Darryl Platt, is an individual who is a Texas citizen, and may be servedwith process at 2614 Sunshade Court, Pearland, Texas 77584, or wherever he may be found.Defendant Darryl! Platt is the Director of Operations for the Live Nation Defendants in Houston,Texas, who undertook and had an independent duty of care to ensure a safe concert and safe concertoperations as well as to screen and vet concert personnel to ensure they were property experienced,trained, and otherwise qualified to conduct safe concert operations, having been personallyinvolved in the same. Plaintiff asserts all rights and requests all relief under Texas Rule of CivilProcedure 28 and demands that this Defendant answer in his true name, if it differs from thatoutlined above. Defendant Darryl Platt has entered an appearance through counsel in the above-referenced MDL, Master Docket No. 2021-79885, and may be served through said counsel ofrecord. 9 Defendant, Michael Rapino, is an individual who may be served with process atwherever he may be found. Defendant Michael Rapino is the Chief Executive Officer and Presidentof Defendant Live Nation Entertainment, Inc., ., who undertook and had an independent duty ofcare to ensure a safe concert and safe concert operations as well as to screen and vet concertpersonnel to ensure they were property experienced, trained, and otherwise qualified to conductsafe concert operations, having been personally involved in the same. Plaintiff asserts all rightsPlaintiff's Original Petition Page 4and requests all relief under Texas Rule of Civil Procedure 28 and demands that this Defendantanswer in his true name, if it differs from that outlined above 10. Live Nation approached ASM about holding the Astroworld festival on the groundsof NRG Park. Live Nation ostensibly wanted a space large enough to accommodate tens ofthousands of fans. Live Nation insisted on an event using standing room only seating, rather thanproviding rows of assigned seats. Standing room only seating allows the promotor and organizerthe ability to put more people into one space, thus earning more revenue for the same amount ofspace. Live Nation sought to extract maximum profits from the Astroworld music festival. In aneffort to generate more revenue, Live Nation also arranged for live streaming and merchandisingsales at the event. Practically everything Live Nation did in relation to this event was designed togenerate more revenue, even at the expense of comfort and safety. This Defendant was well awareof Jacques Bermon Webster II’s repeated violent rhetoric, both at concerts and on social media.This Defendant knew he had encouraged his fans to attempt to attend his concerts without a ticketThis Defendant knew that Webster had been arrested for inciting crowds. This Defendant knewthat he had been known to encourage the concert crowd to disregard security. This Defendant knewthat Webster had encouraged concertgoers to jump from the balcony, causing at least one to falland become paralyzed. This Defendant knew that Webster had, in the past, encouragedconcertgoers to attack and beat individuals that Webster pointed out in the crowd. Despitepossessing this knowledge, Defendant Live Nation took no special precautions, and allowed theconcert to proceed, unfettered. 11 Live Nation also contracted for security and medical care at the event. However,Live Nation did not seek to ensure these service providers had adequate training and staff for anevent expecting more than 50,000 attendees. Live Nation sought to only “check off the box” forPlaintiff's Original Petition Page 5providing security and medical care, and instead focused on the revenue generating aspects of theventure. This is evidenced by the total lack of control starting in the early morning hours andcontinuing throughout the course of the day on November 5, 2021. 12. This is not the first time Live Nation has negligently discharged its duty to maintaina safe environment for its patrons and staff. According to a review of court records, officialPetitions, and news reports, since 2006, Live Nation has been linked to at least 750 injuries andapproximately 200 deaths at its events in seven countries. Live Nation has also come under federalscrutiny for work safety and antitrust violations. In 2017, Live Nation was forced to reach informalsettlements, in lieu of steep penalties, regarding numerous worker related violations. Some of LiveNation’s more notable failures to protect its patrons are: e A lawsuit in 2016 which named Live Nation as being negligent in allowing a crowd surge that resulted in the trampling and broken leg of a woman attending the concert; A mass shooting at a country music festival in Las Vegas in 2017 that killed 60; A stage collapse at the Indiana State Fair in 2011 that killed 61 people, a tragedy for which Live Nation settled for $50 Million; and A 2018 stampede caused by poor crowd control at a concert in Central Park in New York City. Patrons at the show sued and stated in court documents that they were trampled, pummeled, and assaulted ii. ScoreMore Defendants 13 Defendant, ScoreMore Holdings, LLC, is a limited liability company registeredto conduct business in Texas and having its principal office, principal place of business, andcorporate headquarters in Texas, and which conducts business in Texas on a continuous andsystematic basis. Defendant ScoreMore Holdings, LLC may be served with process through itsregistered agent, Sascha Stone Guttfreund, at 12208 Pratolina Dr., Austin, Texas 78739. PlaintiffPlaintiff's Original Petition Page 6asserts all rights and requests all relief under Texas Rule of Civil Procedure 28 and demands thatthis Defendant answer in its true name, if it differs from that outlined above. Defendant ScoreMoreHoldings, LLC has entered an appearance through counsel in the above-referenced MDL, MasterDocket No. 2021-79885, and may be served through said counsel of record. 14. Defendant ScoreMore MGMT, LLC, is a limited liability company registered toconduct business in Texas with its principal office, principal place of business, and corporateheadquarters in Texas, and conducts business in Texas on a continuous and systematic basis.Defendant ScoreMore MGMT, LLC may be served with process through its registered agent,Sascha Stone Guttfreund, at 12208 Pratolina Dr., Austin, Texas 78739. Plaintiff asserts all rightsand requests all relief under Texas Rule of Civil Procedure 28 and demands that this Defendantanswer in its true name, if it differs from that outlined above. Defendant ScoreMore MGMT, LLChas entered an appearance through counsel in the above-referenced MDL, Master Docket No.2021-79885, and may be served through said counsel of record. 15. Defendant, ScoreMore, LLC, is a limited liability company registered to conductbusiness in Texas and having its principal office, principal place of business, and corporateheadquarters located in Texas, and which conducts business in Texas on a continuous andsystematic basis. Defendant ScoreMore, LLC may be served with process through its registeredagent, Sascha Stone Guttfreund, at 12208 Pratolina Dr., Austin, Texas 78739. Plaintiff asserts alltights and requests all relief under Texas Rule of Civil Procedure 28 and demands that thisDefendant answer in its true name, if it differs from that outlined above. Defendant ScoreMore,LLC has entered an appearance through counsel in the above-referenced MDL, Master Docket No.2021-79885, and may be served through said counsel of recordPlaintiff's Original Petition Page 716. Defendant, Sascha Stone Guttfreund, is an individual who is a Texas citizen, andmay be served with process at 12208 Pratolina Dr., Austin, Texas 78739, or wherever he may befound. Defendant, Sascha Stone Guttfreund is the manager of the ScoreMore Defendants whoundertook and had an independent duty of care to ensure a safe concert and safe concert operationsas well as to screen and vet concert personnel to ensure they were property experienced, trained,and otherwise qualified to conduct safe concert operations, and was personally involved in thesame. Plaintiff asserts all rights and requests all relief under Texas Rule of Civil Procedure 28 anddemands that this Defendant answer in his true name, if it differs from that outlined above.Defendant Sascha Stone Guttfreund has entered an appearance through counsel in the above-referenced MDL, Master Docket No. 2021-79885, and may be served through said counsel ofrecord. 17. Defendant, Brent Silberstein, is an individual who is a Texas citizen, and may beserved with process at 300 S. Lamar Blvd, Apt. 521, Austin, Texas 78704, or wherever he may befound. At all relevant times, Defendant Brent Silberstein was acting as a Astroworld FestivalDirector and undertook an independent duty of care to ensure a safe concert and safe concertoperations as well as to screen and vet concert personnel to ensure they were properly trained,experienced, and otherwise qualified to conduct safe concert operations, having been personallyinvolved in same. Plaintiff asserts all rights and requests all relief under Texas Rule of CivilProcedure 28 and demands that this Defendant answer in his true name, if it differs from thatoutlined above. Defendant Brent Silberstein has entered an appearance through counsel in theabove-referenced MDL, Master Docket No. 2021-79885, and may be served through said counselof record.Plaintiff's Original Petition Page 818. Defendant, Trey Hicks, is an individual who is a Texas citizen who may be servedwith process at 2602 Broken Oak Drive, Austin, Texas 78745. On information and belief, thisDefendant does business under the assumed names, “Trey Hicks Public Relations,” “Trey HicksPR,” and/or “THPR.” Defendant, Trey Hicks undertook and had an independent duty of care toensure a safe concert and safe concert operations as well as to screen and vet concert personnel toensure they were property experienced, trained, and otherwise qualified to conduct safe concertoperations, and was personally involved in the same. Plaintiff asserts all rights and requests allrelief under Texas Rule of Civil Procedure 28 and demands that this Defendant answer in his truename, if it differs from that outlined above. Defendant Trey Hicks has entered an appearancethrough counsel in the above-referenced MDL, Master Docket No. 2021-79885, and may be servedthrough said counsel of record 19. Defendants, ScoreMore Holdings, LLC, ScoreMore LLC, ScoreMore MGMT,LLC, and Sascha Stone Guttfreund, ScoreMore Managing Member/Co-founder, and Trey Hicks(collectively the “ScoreMore Defendants”), served as promoters, public relations managers, andoperators for the Astroworld Festival. These Defendants had duties and responsibilities to managethe rhetoric around the event, and the approach to safety for the event. These Defendants had actualknowledge of Defendant Webster’s repeated antics, at prior Astroworld concerts and others. Theywere well aware of his repeated violent rhetoric, both at concerts and on social media. TheScoreMore Defendants knew he had encouraged his fans to attempt to attend his concerts withouta ticket. These Defendants knew that Webster had been arrested for inciting crowds duringperformances. The ScoreMore Defendants knew that he had been known to encourage the concertcrowd to disregard security. These Defendants knew that Webster had encouraged concertgoers tojump from the balcony, causing at least one to fall and be paralyzed. The ScoreMore DefendantsPlaintiff's Original Petition Page 9also knew that Webster had, in the past, encouraged concertgoers to attack and beat individualsthat Webster pointed out in the crowd. iii. Apple, Inc. 20. Defendant, Apple, Inc., is a foreign for-profit corporation doing business in Texasand having its principal office in the State of Texas located at 5704 West Highway 290, Austin,Texas 78735. This Defendant conducts a substantial amount of business in Texas on a continuousand systematic basis. Defendant Apple Inc. may be served with process through its registeredagent, CT Corp System, at 1999 Bryan St., Suite 900, Dallas, Texas 75201. Plaintiff requests acitation. Plaintiff additionally asserts all rights and requests all relief under Texas Rule of CivilProcedure 28 and demands that this defendant answer in its true name, if it differs from thatoutlined above. Defendant Apple, Inc. has entered an appearance through counsel in the above-referenced MDL, Master Docket No. 2021-79885, and may be served through said counsel ofrecord. 21. Defendant, Apple, Inc. (“Apple”) is a multinational technology company withhundreds of subsidiaries providing a multitude of music services. Apple partnered with LiveNation and ASM in order to promote and live stream the events of Astroworld Festival. Appleactively promoted and advertised the partnership and the Astroworld concert and intended to profithandsomely from it. Apple was well aware of Webster’s violent lyrics, and his promotion ofconduct that would cause injury at the event. Further, Apple was well aware of Webster’s repeatedviolent rhetoric, both at concerts and on social media. Apple knew Webster had encouraged hisfans to attempt to attend his concerts without a ticket. Apple knew that Webster had been arrestedPlaintiff's Original Petition Page 10for inciting crowds. Apple knew that Webster in the past had repeatedly encouraged the concertcrowd to disregard security. Apple knew that Webster had encouraged concertgoers to jump fromthe balcony, causing at least one to fall and be paralyzed. Apple knew that Webster had, in thepast, encouraged concertgoers to attack and beat individuals that Webster pointed out in the crowd.Further, Apple was well aware of Live Nation’s long and tortured history of reckless disregard ofconcertgoers. Apple’s involvement in the concert placed a stamp of credibility to the concert andcreated even more excitement about it, exacerbating the wild and out of control atmosphere. Applefailed to ensure that the concert and performance that it promoted, and that it had exclusive rightsto, was executed safely. Apple likewise failed to warn participants of the danger involved. 22. Apple’s decision to partner with Live Nation, Webster, Aubrey Drake Graham,a/k/a “Drake,” and ScoreMore makes it complicit and jointly and severally liable for the deathsand injuries that occurred. Apple cannot reap the benefits of an exclusive partnership and streamingvideo from the concert without sharing in the blame for how horribly it was managed. iv. The ASM Defendants 23 Defendant, ASM Global Parent, Inc., is a corporation registered to conductbusiness in Texas, and which conducts business in Texas on a continuous and systematic basis andmay be served with process through its registered agent, Corporation Service Company dba CSC- Lawyers Incorporating Service Company, at 211 E. 7th Street, Suite 620, Austin, Texas 78701-3218. Plaintiff asserts all rights and requests all relief under Texas Rule of Civil Procedure 28 anddemands that this Defendant answer in its true name, if it differs from that outlined above.Defendant ASM Global Parent, Inc. has entered an appearance through counsel in the above-referenced MDL, Master Docket No. 2021-79885, and may be served through said counsel ofrecord.Plaintiff's Original Petition Page 1124. Defendant, ASM Global, LLC, is a limited liability company registered to conductbusiness in Texas and which conducts business in Texas on a continuous and systematic basis andmay be served with process through its registered agent, Corporation Service Company dba CSC- Lawyers Incorporating Service Company, at 211 E. 7th Street, Suite 620, Austin, Texas 78701-3218. Plaintiff asserts all rights and requests all relief under Texas Rule of Civil Procedure 28 anddemands that this Defendant answer in its true name, if it differs from that outlined above.Defendant ASM Global, LLC has entered an appearance through counsel in the above-referencedMDL, Master Docket No. 2021-79885, and may be served through said counsel of record. 25. Defendant, SMG, is a division of ASM Global Parent, Inc., and is a for-profitorganization conducting business in Texas on a continuous and systematic basis, located at 1 NRGPark, Houston, Texas 77054, and may be served with process through its registered agent,Corporation Service Company, at 211 E 7" Street, Suite 620, Austin, Texas 78701, or whereverthis Defendant and/or registered agent may be found. Plaintiff asserts all rights and requests allrelief under Texas Rule of Civil Procedure 28 and demands that this Defendant answer in its truename, if it differs from that outlined above. Defendant SMG has entered an appearance throughcounsel in the above-referenced MDL, Master Docket No. 2021-79885, and may be served throughsaid counsel of record. 26. Defendant, Mark Miller, is an individual who is a Texas citizen who may be servedwith process at 1 NRG Park, Houston, Texas 77054. Defendant, Mark Miller is the GeneralManager of NRG Park and an executive with ASM Global who undertook and had an independentduty of care to ensure a safe concert and safe concert operations as well as to screen and vet concertpersonnel to ensure they were property experienced, trained, and otherwise qualified to conductsafe concert operations, and was personally involved in the same. Plaintiff asserts all rights andPlaintiff's Original Petition Page 12requests all relief under Texas Rule of Civil Procedure 28 and demands that this Defendant answerin his true name, if it differs from that outlined above. Defendant Mark Miller has entered anappearance through counsel in the above-referenced MDL, Master Docket No. 2021-79885, andmay be served through said counsel of record. 27. Defendant, ASM Global Parent, Inc., through its subsidiary Defendant ASMGlobal, LLC (collectively “ASM”), managed all events and activities held at NRG Park inHouston, Texas. ASM’s General Manager Mark Miller, were both charged with direct oversightof the Astroworld Festival concert headlined by Defendant Webster. 28. As set forth in the License Agreement #2021-0099 (hereinafter “LicenseAgreement”) for NRG Park as the facility (NRG Park) to be used solely for the purpose of the livemusic event Astroworld Festival 2021, which was also featuring and co-produced by the LiveNation and Scoremore Defendants and Defendant Jacques Bermon Webster II a/k/a “Travis Scott”.The agreement provides for the application and conformance with NFPA 101 safety amongst otherduties, responsibilities and obligations. Defendants ASM Global Parent, Inc. and SMG retainedcontrol over the safety of Astroworld Festival 2021 with the discretion to accept or reject the EventOperator’s Safety Plan, which was prepared by Defendant ScoreMore Holdings, LLC. DefendantASM Global Parent, Inc. exercised its discretion by approving and adopting the Event OperationsPlan submitted by ScoreMore Holdings, LLC. Under the terms of the License Agreement,Defendants ASM Global Parent, Inc. and SMG were responsible for the following: ) Operations 2) Security Personnel 3) Supervisors 4) Paramedics 5) Ambulances Vv. Jacques Berman Webster I_a/k/a “Travis Scott” a/k/a “Cactus Jack”Plaintiff's Original Petition Page 1329. Defendant, Jacques Bermon Webster II a/k/a “Travis Scott” a/k/a Cactus Jack(“Webster”), is an individual who is a Texas citizen who may be served with process at 12710Tenaya Falls Drive, Cypress, Texas 77429 or wherever he may be found. Plaintiff asserts all rightsand requests all relief under Texas Rule of Civil Procedure 28 and demands that this Defendantanswer in his true name, if it differs from that outlined above. Defendant Jacques Bermon WebsterIL a/k/a “Travis Scott” a/k/a Cactus Jack has entered an appearance through counsel in the above-referenced MDL, Master Docket No. 2021-79885, and may be served through said counsel ofrecord. 30. Defendant Webster has amassed a global following as a rapper and performer. Hisparticular style of music often glorifies violence and other dangerous behaviors, while insinuatingthat these actions are consequence free by associating them with his lavish lifestyle. Despite fullawareness of his largely adolescent fanbase’s impressionable nature, Webster has made a prolificcareer out of these ideas and practices. One particular instance of note resulted in Webster beingplaced on court supervision for a year after pleading guilty to a 2015 charge for reckless conductIn response to Webster’s behavior, the performance was forced to stop Webster’s after only fiveminutes. 31 In 2015, Webster was accused of inciting a crowd against his own securitypersonnel at one of his performances. Webster even began fighting with security personnel himselfwhen they intervened to try and restrain a fan. In April of 2017, at a performance in New YorkCity, Webster encouraged fans to jump from an upper deck balcony in order to “crowd surf,” adangerous practice where concertgoers take what could be potentially lethal leaps from greatheights into crowds of other fans, in the hopes that they will be caught before they hit the ground.One young concert goer, who attended this particular show, sued Webster for serious injuries,Plaintiff's Original Petition Page 14claiming that he never intended to jump, but was pushed by other fans incited by DefendantWebster. 32. Later in 2017, Webster was arrested and charged with inciting a riot, disorderlyconduct, and endangering the welfare of a minor. The charges stemmed from his encouragementof concertgoers to bypass security and rush the stage during his performance at the WalmartArkansas Music Pavilion. Several people, including staff members at the concert, were injured inthe ensuing chaos. Webster pleaded guilty to disorderly conduct and paid restitution to injuredconcertgoers. 33. During the 2019 Astroworld music festival, Webster encouraged his fans to stormthe entry barricades. Multiple people were hospitalized as a result of the violent turmoil at the 2019Astroworld music festival. Webster’s affinity for the storming of barricades and ignoring securitymeasures appears to border on an obsession at times. Reports from multiple shows, includingAstroworld Festival, describe ticketless fans waiting outside the venues for the “signal” fromWebster. 34 A Webster tweet from May of 2021, which was sent after the event had quicklysold out, indicates similar intent for Astroworld Festival 2021, stating “WE STILL SNEAKINGTHE WILD ONES IN !!!!!” vi. Aubrey Drake Graham a/k/a “Drake 35 Defendant, Aubrey Drake Graham, a/k/a “Drake,” is an individual residing inthe state of California who may be served with process at 5841 Round Meadow Road, Los Angeles,California 91032. Plaintiff asserts all rights and requests all relief under Texas Rule of CivilProcedure 28 and demands that this Defendant answer in his true name, if it differs from thatoutlined above. Defendant Aubrey Drake Graham, a/k/a “Drake” has entered an appearancePlaintiff's Original Petition Page 15through counsel in the above-referenced MDL, Master Docket No. 2021-79885, and may be servedthrough said counsel of record. vii. BWG, Inc. a/k/a BWG Live 36. Defendant, BWG, Inc. a/k/a BWG Live, is a foreign for-profit corporationconducting business in Texas with its headquarters located at 130 South Anderson Street, LosAngeles, California 90033-3220. Defendant BWG, Inc. a/k/a BWG Live was responsible for theproduction work, designed the stage, and managed the technical aspects of the performance atAstroworld Festival 2021. Defendant BWG, Inc. may be served by and through its registered agent,eResidentAgent, Inc., at 7801 Folsom Blvd Ste 202, Sacramento, California 95826. Plaintiffasserts all rights and requests all relief under Texas Rule of Civil Procedure 28 and demands thatthis Defendant answer in its true name, if it differs from that outlined above. Defendant BWG, Inca/k/a BWG Live has entered an appearance through counsel in the above-referenced MDL, MasterDocket No. 2021-79885, and may be served through said counsel of record.vii Tristar Sports & Entertainment Group, Inc. 37. Defendant, Tristar Sports & Entertainment Group, Inc., (“Tri Star”) is a foreigncorporation formed under Delaware law and based in Nashville, Tennessee. Defendant hassystematic, continuous, and specific contacts, conduct, and business activities, including, but notlimited to, its conduct relating to the subject incident, within Texas such that it is at home in thestate. This Defendant may be served through the Secretary of State of Texas at P.O. Box 12079Austin, Texas 78711-2079, to be forwarded to its Tennessee based registered agent, Louise MTaylor, at 11 Music Cir S, Nashville, Tennessee 37203-4335. Defendant Tristar Sports &Entertainment Group, Inc. has entered an appearance through counsel in the above-referencedMDL, Master Docket No. 2021-79885, and may be served through said counsel of record.Plaintiff's Original Petition Page 1638. Defendant Tri Star handles business management for Defendant Webster. ThisDefendant may be served through its registered agent, Louise M. Taylor, at 11 Music Circle South,Nashville, Davidson County, Tennessee. Upon information and belief, this corporation hasrepresented Webster throughout all the incidents described herein. This Defendant was responsiblefor review, editing, and approval of certain contracts, agreements, and budget related concernswhich specifically pertain to Astroworld Festival 2021 on behalf of Webster. This Defendant knewWebster had encouraged his fans to attempt to attend his concerts without a ticket. This Defendantknew Webster had been arrested for inciting crowds. This Defendant knew Webster had beenknown to encourage the concert crowd to disregard security. This Defendant knew Webster hadencouraged concertgoers to jump from the balcony, causing at least one to fall and be paralyzed.This Defendant knew Webster had, in the past, encouraged concertgoers to attack and beatindividuals that Webster pointed out in the crowd. Tri Star is well aware of, and has participatedin, each incident where fans have been attacked, mangled, injured, and trampled upon. ix. XX Global, Inc., Cactus Jack Enterprises, LLC, Cactus Jack Studios, LLC, LAFlame Enterprises, Inc., 39. Defendant, XX Global, Inc., is a foreign corporation with systematic, continuous,and specific contacts, conduct, and business activities, including, but not limited to, its conductrelating to the subject incident, within Texas such that it is at home in the state. This Defendantmay be served through its registered agent, eResidentAgent, Inc., at 7801 Folsom Blvd., Suite 202,Sacramento, California 95826. Defendant XX Global, Inc. has entered an appearance throughcounsel in the above-referenced MDL, Master Docket No. 2021-79885, and may be served throughsaid counsel of record 40. Defendant, Cactus Jack Enterprises, LLC, is a California limited liabilitycompany registered to conduct business in Texas and who conducts business in Texas on aPlaintiff's Original Petition Page 17continuous and systematic basis and may be served with process through its registered agent,eResidentAgent, Inc., at 9255 Sunset Boulevard, 2™ Floor, West Hollywood, California 90069.Plaintiff asserts all rights and requests all relief under Texas Rule of Civil Procedure 28 anddemands that this Defendant answer in its true name, if it differs from that outlined above.Defendant Cactus Jack Enterprises, LLC has entered an appearance through counsel in the above-referenced MDL, Master Docket No. 2021-79885, and may be served through said counsel ofrecord. 41 Defendant, LAFlame Enterprises, LLC, is a California limited liability companyregistered to conduct business in Texas and who conducts business in Texas on a continuous andsystematic basis and may be served with process through its registered agent, eResidentAgent,Inc., at 9255 Sunset Boulevard, 2™ Floor, West Hollywood, California 90069. Plaintiff asserts allrights and requests all relief under Texas Rule of Civil Procedure 28 and demands that thisDefendant answer in its true name, if it differs from that outlined above. Defendant LAFlameEnterprises, LLC has entered an appearance through counsel in the above-referenced MDL, MasterDocket No. 2021-79885, and may be served through said counsel of record. x. Crowd Safety & Security Defendants — Brye, Inc., d/b/a B3 Risk Solutions, LLC, Seyth Boardman, Contemporary Services Corporation, Apex Security, SPS_ Security, Valle Services, LLC, Valle Services Texas, LLC, Unified Command LLC, and AJ Melino & Associates, Inc. 42. Defendant, Brye, Inc. d/b/a B3 Risk Solutions, LLC, is a foreign for-profit limitedliability company conducting business within the state of Texas. Defendant Brye, Inc. d/b/a B3Risk Solutions, LLC provided risk management consultation and solutions to the AstroworldFestival. Defendant Brye, Inc. d/b/a B3 Risk Solutions, LLC may be served by and through itsregistered agent, Seyth Boardman, at 8196 Perrill Road, Groveport, Ohio 43125-9610. Plaintiffasserts all rights and requests all relief under Texas Rule of Civil Procedure 28 and demands thatPlaintiff's Original Petition Page 18this Defendant answer in its true name, if it differs from that outlined above. Defendant Brye, Incd/b/a B3 Risk Solutions, LLC has entered an appearance through counsel in the above-referencedMDL, Master Docket No. 2021-79885, and may be served through said counsel of record. 43 44, Defendant, Seyth Boardman, is a natural person residing in Ohio who may beserved with process at 8196 Perrill Road, Groveport, Ohio 43125-9610. Defendant Boardmanserved as Astroworld Festival’s Safety Director and was the author of the grossly deficient EventOperations Plan. Defendant Boardman and each of his employers and/or hired security contractors,were hired at the 2021 Astroworld Festival to protect the public. Accordingly, at all relevant times,Defendant Boardman undertook and had an independent duty of care to ensure a safe concert andsafe concert operations as well as to screen and vet concert personnel to ensure they were propertyexperienced, trained, and otherwise qualified to conduct safe concert operations, having beenpersonally involved in the same. Upon information and belief, Defendant Seyth Boardman is theSecurity Director for Insomniac Holdings, LLC. Defendant Boardman is also employed and/orserving as a director of security for several Defendants in this case, including Insomniac Holdings,LLC, B3 Risk Solutions, LLC, and that Defendant Boardman was formerly employed byDefendant Contemporary Services Corporation. Plaintiff asserts all rights and requests all reliefunder Texas Rule of Civil Procedure 28 and demands that this Defendant answer in his true name,if it differs from that outlined above. Defendant Seyth Boardman has entered an appearancethrough counsel in the above-referenced MDL, Master Docket No. 2021-79885, and may be servedthrough said counsel of record. 45. Defendant, Contemporary Services Corporation, a foreign corporation with itsheadquarters in California that conducts business in Texas on a continuous and systematic basisPlaintiff's Original Petition Page 19and may be served with process through its registered agent, Corporation Service Company d/b/aCSC-Lawyers Incorporating Service Company located at 211 E. 7th Street, Suite 620, Austin,Texas 78701. Plaintiff asserts all rights and requests all relief under Texas Rule of Civil Procedure28 and demands that this Defendant answer in its true name, if it differs from that outlined above.Defendant Contemporary Services Corporation has entered an appearance through counsel in theabove-referenced MDL, Master Docket No. 2021-79885, and may be served through said counselof record. 46. Defendant, Apex Security, is an unincorporated sole proprietorship formed underthe laws of Texas and based in Humble, Texas. It is owned by Wilfredo P. Ordonez, who may beserved at 16819 Vandergrift Drive, Humble, Texas 77396 or wherever he may be found. Plaintiffasserts all rights and requests all relief under Texas Rule of Civil Procedure 28 and demands thatthis Defendant answer in its true name, if it differs from that outlined above. Defendant ApexSecurity has entered an appearance through counsel in the above-referenced MDL, Master DocketNo. 2021-79885, and may be served through said counsel of record 47. Defendant, State Patrol Services, LLC d/b/a SPS Security, is a limited liabilitycompany formed under Texas law and based in Houston, Texas. This Defendant may be servedthrough its registered agent, Sirwan Hasan Muhammed, at 1600 Eldridge Pkwy #1004 Houston,Texas 77077. Plaintiff asserts all rights and requests all relief under Texas Rule of Civil Procedure28 and demands that this Defendant answer in its true name, if it differs from that outlined above.Defendant State Patrol Services, LLC d/b/a SPS Security has entered an appearance throughcounsel in the above-referenced MDL, Master Docket No. 2021-79885, and may be served throughsaid counsel of recordPlaintiff's Original Petition Page 2048. Defendant, Valle Services, LLC, is a foreign corporation regularly conductingbusiness in Texas and may be served with process through the Texas Secretary of State at P.O.Box 12079, Austin, Texas 78711 to be forwarded to its registered agent, Hector Garcia, 5901 NCicero Ave., Chicago, Illinois 60646. Plaintiff asserts all rights and requests all relief under TexasRule of Civil Procedure 28 and demands that this Defendant answer in its true name, if it differsfrom that outlined above. Defendant Valle Services, LLC has entered an appearance throughcounsel in the above-referenced MDL, Master Docket No. 2021-79885, and may be served throughsaid counsel of record. 49. Defendant, Valle Security Texas, LLC, is a Texas limited liability companyregistered to conduct business in Texas and which conducts business in Texas on a continuous andsystematic basis and may be served with process through its registered agent, Johnathan Elliot, at1313 Burleson Street, Grand Prairie, Texas 75050. Plaintiff asserts all rights and requests all reliefunder Texas Rule of Civil Procedure 28 and demands that this Defendant answer in its true name,if it differs from that outlined above. Defendant Valle Security Texas, LLC has entered anappearance through counsel in the above-referenced MDL, Master Docket No. 2021-79885, andmay be served through said counsel of record. 50. Defendant, AJ Melino & Associates, Inc., is a corporation with its headquarters inNew York, conducting a substantial amount of business in Texas on a continuous and systematicbasis but does not maintain a regular place of business or a designated agent upon whom servicemay be had upon causes of action arising out of such business done in this state. For those reasons,service of process is to be made pursuant to § 17.044 of the Texas Civil Practice & Remedies Codeby serving the Secretary of State of the State of Texas as AJ Melino & Associates, Inc.’s agent forservice. The Secretary of State is requested to forward a copy of process and this petition to AJPlaintiff's Original Petition Page 21Melino & Associates, Inc.’s agent at its home office at 959 Wilmot Rd., Scarsdale, New York10583. Defendant AJ Melino & Associates, Inc. has entered an appearance through counsel in theabove-referenced MDL, Master Docket No. 2021-79885, and may be served through said counselof record 51. Defendant, Unified Command LLC, is a limited liability company with itsheadquarters in Nevada, conducting a substantial amount of business in Texas on a continuous andsystematic basis but does not maintain a regular place of business or a designated agent upon whomservice may be had upon causes of action arising out of such business done in this state. For thosereasons, service of process is to be made pursuant to § 17.044 of the Texas Civil Practice &Remedies Code by serving the Secretary of State of the State of Texas as Unified Command LLC’sagent for service. The Secretary of State is requested to forward a copy of process and this petitionto Unified Command, LLC’s agent, Chris Gandy, at its home office at 9265 Branford Hills, LasVegas, Nevada 89123. Plaintiff requests a citation. Plaintiff additionally asserts all rights andrequests all relief under Texas Rule of Civil Procedure 28 and demands that this defendant answerin its true name, if it differs from that outlined above. Defendant Unified Command LLC hasentered an appearance through counsel in the above-referenced MDL, Master Docket No. 2021-79885, and may be served through said counsel of record. x. xi. Medical Contractor Defendants — Paradocs Worldwide, Inc. and South Texas EMS, LLC, 52. Defendant, Paradocs Worldwide, Inc., foreign for-profit corporation conductingbusiness within the state of Texas and may be served through its registered agent, Ryan Walsh,located at 1 NRG Park Houston, Texas 77054. Defendant Paradocs Worldwide, Inc. has enteredPlaintiff's Original Petition Page 22an appearance through counsel in the above-referenced MDL, Master Docket No. 2021-79885,and may be served through said counsel of record. 53. Defendant, South Texas EMS, LLC, is a limited liability company formed underTexas law and based in Houston, Texas. This Defendant may be served at its principal place ofbusiness at 9898 Bissonnet Street, Houston, Texas 77036. Defendant South Texas EMS, LLC hasentered an appearance through counsel in the above-referenced MDL, Master Docket No. 2021-79885, and may be served through said counsel of record. xiii. Audio/Visual/Design Defendants _— __ EIGHTEENTWENTYSIX, _LLC, Re:Source Event Group, LLC and Fuse Technical Group, LLC. 54, Defendant, EIGHTEENTWENTYSIX, LLC, is a limited liability companyconducting a substantial amount of business in Texas on a continuous and systematic basis butdoes not maintain a regular place of business or a designated agent upon whom service may be hadupon causes of action arising out of such business done in this state. For those reasons, service ofprocess is to be made pursuant to § 17.044 of the Texas Civil Practice & Remedies Code by servingthe Secretary of State of the State of Texas as EIGHTEENTWENTYSIX, LLC’ s agent for service.The Secretary of State is requested to forward a copy of process and 

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