® 2. 8 IN THE DI! ICT COURT IN AND FOR TUI UNTY DiS STATE OF OKLAHOMA rotten poosTen cule etee DEC 02 zaze Court Cle coe Ppncoroun WASn coon : eaeBb22- 03670 KANOK YOUTH FOOTBALL LEAGUE, DEWEY YOUTH FOOTBALL BOOSTER =) CLUB, and JOSEPH W. ROGERS, ) ) REBECCA NICHTING! ee ; CA NIGHTINGALE PETITION Plaintiff, Sperry Football Booster Club, as and for its complaint herein against Defendants, KanOK Youth Football League, the Dewey Youth Football Booster Club and Joseph W. Rogers hereby alleges as follows: 1. At all relevant times, Plaintiff, Sperry Football Booster Club was and is a private organization with its principal place of operation in Sperry, Tulsa County, Oklahoma. 2. Upon information and belief, at all relevant times, Defendant KanOK Youth Football League was and is an unincorporated association located in Dewey, Washington County, Oklahoma operating a football league in Canadian County, Osage County, Nowata County, Tulsa County, and Washington County in Oklahoma, and Caney, Kansas. Q . Upon information and belief, at all relevant times, Defendant Dewey Youth Football. Booster Club was and is an unincorporated association located in Dewey’) Washington County, Oklahoma. w a . Upon information and belief, at all relevant times, Defendant Joseph W. Rogers was and is an individual residing in Dewey, Washington County, Oklahoma, and is the President of the Board of Directors of Defendant, KanOK Youth Football League, President of Defendant, Dewey Youth Football Booster Club and the coach of the Dewey 5" and 6® grade team in the KanOK Youth Football League.5. Plaintiff has sponsored teams of various ages that have participated in the KanOK Youth Football League for the past several years. For the times relevant to this matter, Plaintiff sponsored teams in the PreKindergarten/Kindergarten division, 1° and 2" Grade division, 3 and 4 Grade division and the 5" and 6" Grade division. The Sperry 5% and 6" grade team was undefeated in league play during the portion of the 2022 season that they were allowed to play. 6. On October 30, 2022, a member of Defendant, Dewey Youth Football League, which was in direct competition for the championship in the 5" and 6" grade division, recommended to the “Board of Directors” of Defendant, KanOK Youth Football League, that Plaintiff's 5" and 6" grade team should be eliminated from further competition. A vote was taken by an illegitimately formed board of directors the result of which was the immediate removal of the Sperry team from the league. The justification for the extreme action taken against the group of middle school children from Sperry was attributed to “third-party filming”. 7. The latest revision of the bylaws of Defendant, KanOK Youth Football League on August 28, 2022, which itself states at Section 2 (2) that, "[nJo bylaw changes or revisions will be considered between August and November of each season” provides at Section 2 (1)(A) that, [t]he Board consists of one coordinator from each towm in the league” The vote eliminating Sperry team from the league was not held by a Board of Directors that comported with the bylaws of the organization itself. 8. The KanOK Youth Football League By-Laws at Section 17, entitled “Disciplinary Action”, lists violations of league rules and the punishment that each would warrant. The punishments include disqualification of players from games, ejection of coaches, from games and monetary fines for playing ineligible players. There is no punishment listed that provides for the suspension of a team.10. iL. 12, The KanOK Youth Football League By-Laws at Section 11, entitled “Coaches”, the {ast entry, number 7, states that, “third-party filming is not allowed”, There is no explanation or definition of what is meant by this provision. The term third-party Js not defined, and is ambiguous. There is no punishment authorized for the violation of sald provision, and again there is no authorization in the KanOK Youth Football League By-Laws for a team to be suspended for any reason. The KanOK Youth Football League By-Laws at Section 8, entitled “Scheduling” addresses situations involving forfeits, specifically, Section 8(4) which provides that, “If any team willingly forfeits or just does not show up, that town will be fined $500.00 payable to the KYFL. If the team that willingly forfeits is the visiting team the $500.00 fine will be made payable to the home town by the KYFL using funds collected from the team that forfeited. The Sperry teams were subjected to numerous forfeitures, and have not compensated the required payment proscribed by the bylaws. Through the course of the season, games were held in Dewey which were rightfully to be played in Sperry and other towns. Defendant, Dewey Youth Football Booster Club conspired with Defendant, KanOK Youth Football League and Defendant, Joseph W. Rogers to systematically cause games to be played in Dewey that were originally scheduled to be played elsewhere to redirect the revenue associated with hosting a game to the Dewey Youth Football Booster Club, directly benefitting each of the defendants. The Sperry Football Booster Club was not compensated for the lost revenue resulting from not hosting games in Sperry which were to rightfully be played in Sperry. The Sperry 5 and 6" grade team, despite being undefeated in league play was not allowed to finish the season and participate in the playoffs.16. 17. 18, FIRST CAUSE OF ACTION Breach of Contract . Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 9 of this complaint as though fully set forth at length herein. . Plaintiff entered into a contract with Defendant, KanOK Youth Football League to pay a fee for the football teams which it represented to participate in the KanOK Youth Football League for the 2022 season. . Defendant, KanOK Youth Football League agreed to conduct a season of football in accordance with the bylaws which it had promulgated and published. Defendants KanOK Youth Football League, Dewey Youth Football Booster Club and Joseph W. Rogers conspired and colluded to systematically violate the bylaws of the KanOK Youth Football League to the direct detriment of Plaintiff. Defendants KanOK Youth Football League, Dewey Youth Football Booster Club and Joseph W. Rogers unilaterally, and without Board of Director approval, redirected games originally scheduled to be played in Sperry to Dewey, resulting in the revenue associated with hosting games being redirected from the Sperry Football Booster Club to the defendants. Defendants KanOK Youth Football League, Dewey Youth Football Booster Club and Joseph W. Rogers conspired to eliminate the Sperry 5 and 6'* Grade team from competition and to not allow them to play, and host games for which they were entitled under the bylaws of the league. Despite due demand from Sperry Football Booster Club, Defendant, KanOK Youth Football League has wholly failed and refused to honor its obligations under the contract between the parties,19, 20. 21. 22. 23. 24. By reason of the foregoing, Plaintiff is entitled to judgment against Defendants, KanOK Youth Football League, Dewey Youth Football Booster Club and Joseph W. Rogers for breach of contract in a sum exceeding $10,000, plus attorney's fees, court costs and prejudgment interest. ‘SECOND CAUSE OF ACTION Breach of Fiduciary Duty Plaintiff repeats and re-alleges each and every allegation contained in paragraphs 1 through 16 of this complaint as though fully set forth at length herein. Defendants KanOK Youth Football League, and Joseph W. Rogers owed a fiduciary duty of good faith and fair dealing to the participants in their league. By forming a league and creating bylaws, the defendants were bound to adhere to, and to not Violate the bylaws which were written and published by defendants. Defendants KanOK Youth Football League, and Joseph W. Rogers breached their duty to the participants in the league by violating the bylaws of the league, taking unauthorized actions against Plaintiff and preventing Plaintiff from participating in playoff games for which they had qualified. Plaintiff was damaged financially and emotionally from the wrongful actions of KanOK Youth Football League, and Joseph W. Rogers. Plaintiff's damages are a direct and forseeable result of the defendants wrongful actions, By reason of the foregoing, Plaintiff is entitled to judgment against Defendants, KanOK Youth Football League, and Joseph W. Rogers for breach of fiduciary duty in a sum exceeding $10,000, plus attorney's fees, court costs and prejudgment interest.25. 26. 27. ‘THIRD CAUSE OF ACTION Unjust Enrichment Plaintiff repeats and re-alleges each and every allegation contained in paragraphs 1 through 16 of this complaint as though fully set forth at length herein. Defendants KanOK Youth Football League, Dewey Youth Football Booster Club and Joseph W. Rogers conspired to direct funds rightfully to be received by Plaintiff to the Dewey Youth Football Booster Club, directly benefitting each of the defendants unlawfully. Given the defendants’ actions in redirecting funds rightfully belonging to the Sperry Football Booster Club, they would be unjustly enriched unless judgment is entered against them for the amount of lost revenue associated with wrongfully directing that games be played in Dewey which should have rightly been held elsewhere. By reason of the foregoing, Plaintiff is entitled to judgment against Defendants KanOK Youth Football League, Dewey Youth Football Booster Club and Joseph W. Rogers for unjust enrichment in a sum in excess of $10,000, plus attorney's fees, court costs and prejudgment interest. WHEREFORE, Plaintiff Sperry Football Booster Club seeks judgment against Defendants, KanOK Youth Football League, the Dewey Youth Football Booster Club and Joseph W. Rogers for damages in excess of $10,000, plus attorney's fees, court costs, prejudgment interest and for such other and further relief as is just and proper. Respectfully submitted, Ee Steven D. Swant, OBA #17904 201 W Rogers Bivd. Skiatook, OK 74070 918.396.0404 [email protected] Attorney for PlaintiffVERIFICATION STATE OF OKLAHOMA ) dss. ‘COUNTY OF TULSA ) I, Christina Housner, of lawful age state that I am Vice President of the Sperry Football Booster Club, the Plaintiffs in the preceding document, and that I have read the same and understand the contents. All statements of fact contained in the Petition are true and correct to the best of my belief. li biShioe ep Christina Housner Subscribed and sworn to before me this November 30, 2022 by Christina Housner. STEVEND. SWART olay Putte inand tor STATZ OF ORLAROMA. ‘Conerisson #1800082 Expres: 1 Fa 2026 Notary Public ATTORNEY'S LIEN CLAIMED JURY TRIAL DEMANDED