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Alison Dotson
District Clerk
bill@wallertec.com Bill Waller, 11652 CR 2210, Tyler, TX 75707 (903) 253-5555
Cherokee County, Texas
Kim West
April 9, 2019
Alison Dotson
Cherokee County District Clerk
135 South Main St. #2
Rusk, TX 75785
Re: First Amended Petition Cause No. 2019-01-0048
Please accept my First Amended Petition for filing in Cause No. 2019-01-0048.
If you have questions, you may contact me anytime on my cell phone or by email.
Yours sincerely,
Bill Waller
CAUSE NO. 2019010048
WILLIAM D. WALLER, JR §
Plaintiff § IN THE DISTRICT COURT
§
v. §
§ 2ND JUDICIAL DISTRICT
SUSAN J. WALLER, §
DOROTHY REID WALLER, AND §
WALLER MEDIA, LLC § OF CHEROKEE COUNTY, TEXAS
Defendants §
§
Plaintiff William D. Waller Jr. submits this First Amended Original Petition,
complaining of Defendants Waller Media, LLC, Susan Waller, and Dorothy Reid Waller
and alleges as follows:
1. Plaintiff intends to conduct discovery under Level 1 of the Texas Rules of Civil
Procedure 190.2 and affirmatively pleads that this suit is governed by the expedited-
actions process in Texas Rule of Civil Procedure 169.
B. RELIEF
2. Plaintiff seeks only monetary relief of $100,000 or less including damages of any kind,
penalties, court costs, expenses, prejudgment interest, and attorney fees.
C. PARTIES
3. Plaintiff, William D. Waller, Jr. (Bill Waller) - Mr. Waller is an individual residing in
Smith County, Texas. Plaintiff may be served at 11652 CR 2210, Tyler, Texas 75707.
D. FACTS
7. Dudley and Dorothy Waller owned Waller Media until Dudley’s death on May 29,
2016, at which time, Dorothy Waller became the sole owner. In the time pertinent to
this lawsuit, neither Dorothy Waller nor Dudley Waller took an active role in the
operations of Waller Media although Dudley Waller did occasionally appear at the
Waller Media Offices to visit with Bill Waller or the Business Manager, Chrispin
Chifwepa.
8. In connection with the acts described below, Defendant Dorothy Reid Waller was
acting within the course and scope of her position as owner and President of Waller
Media, LLC. On July 20, 2016, Dorothy Waller executed a durable general power of
attorney designating Susan Waller as her attorney-in-fact and legally giving Susan
control of Dorothy’s assets including Waller Media. Dorothy Waller has no way of
knowing anything about the open account except that the Plaintiff made her aware of
it on several occasions.
10. As Chief Engineer and IT Manager, the Plaintiff had responsibility for maintaining
four transmitting sites, two master control rooms, two studios, four air chains
including studio-to-transmitter links, an IT network with more than 50 nodes, 80
acres of land at the tower sites. All four transmitters had towers ranging from 500-feet
to 700-feet, so lightning damage to tower lighting and transmitters was a regular
occurrence. The transmitters were located in remote rural areas, so power outages
were common and generators a necessity. The 75 kva generator at KLJT could require
50-gallons of diesel fuel per day which Plaintiff supplied and delivered in 50-gallon
drums. The four transmitter sites were spread out over a 90-mile range and required
constant attention, so the Plaintiff often had to drive hundreds of miles per week
paying for gas and vehicle maintenance out-of-pocket. Each site relied on hundreds of
sensitive electronic components, and any point of failure could take a radio station off
air resulting in spoilage of inventory. It was the Plaintiff’s job to keep the radio
stations on-air, and whenever there was a problem, it was the Plaintiff’s responsibility
to get the radio stations back on the air with dispatch. The open account which the
Plaintiff maintained for Waller Media, LLC provided a means for Waller Media, LLC
to acquire goods, services, and merchandise necessary to sustain continuous signal
delivery.
11. The Plaintiff purchased air conditioner filters, insecticide, herbicides, building
materials to maintain transmitter buildings, automotive parts for generator engines,
trash bags, trash cans, cleaning supplies, door locks, and anything else that might be
necessary to maintain the physical sites and sustain continuous delivery of product
and provided those items to Waller Media, LLC. The need for goods and services
including maintenance, repair, parts, materials, travel, and other items of value, due
to the nature of Plaintiff’s responsibilities occurred often, and the goods and services
PLAINTIFF’S FIRST AMENDED ORIGINAL PETITION Page 3 of 9
were immediately critical to the ongoing operations of Waller Media, LLC. There was
no other mechanism in place to secure said goods and services on a timely basis
precipitating the need for an open account which the Plaintiff provided. Waller Media,
LLC accepted the goods and services and the Plaintiff provided those goods and
services for which the Plaintiff systematically maintained a record of transactions.
12. Waller Media had three company vehicles, two of which were used for station remotes
and the engineering truck which was used to travel between the transmitter sites.
There was no company credit card, so the Plaintiff often provided gasoline for those
vehicles on open account and maintained a systematic record of these charges.
13. From the time the Plaintiff started working for Waller Media, the profitability of radio
stations declined sharply, due in no small part to competition from the internet. For
example, the radio stations Dudley Waller sold in 2005 for $26 million, were sold to
Alpha Media in 2015 for about $6 million. They had lost 77% of their value. Even the
nations two largest radio conglomerates couldn’t escape the industry downturn.
Cumulus Media with 445 radio stations filed for Chapter 11 in November of 2017 and
iHeart Radio with 858 radio stations filed for Chapter 11 in March of 2018. That is to
say, Waller Media’s financial challenges were not due to any fault of the Waller Media
staff or the Plaintiff. It was because of the resulting cash shortages that it became
necessary for the plaintiff to provide goods, services, and merchandise to Waller Media
on open account. Without the open account providing goods, services, and merchandise
to Waller Media, critical functions of the company would have been interrupted.
14. As a result of industry-wide declining revenue, Waller Media naturally incurred cash
shortages just like most other radio stations. Because of the cash shortages, Waller
Media implemented essentials first cash management strategy in which we prioritized
cash disbursements to assure continuity of the signals, without which all revenue
would halt. The Plaintiff paid for parts, equipment, gasoline, telephone bills, and
various critical expenses whenever the company didn’t have sufficient cash. The open
account maintained by the plaintiff for Waller Media, LLC allowed continuity of
operations for Waller Media, LLC which would have otherwise been interrupted.
16. For convenience, the Plaintiff will truncate amounts below to dollars.
17. The Plaintiff had an agreement with Dudley Waller regarding the open account, but
there was no written agreement nor is any agreement necessary under Rule 185. The
plaintiff doesn’t rely on his agreement with Dudley Waller but rests his claim of open
account on the business dealings between the Plaintiff and Waller Media which are
documented in the systematic record of transactions kept by the plaintiff.
18. Exhibit F: The Plaintiff had applied for and received a Capital One credit card which
was used exclusively for Waller Media. Since the agreement between the Plaintiff and
Waller Media was to provide items of value to Waller Media, the Plaintiff did not bill
Waller Media’s open account for the interest charges and late fees which totaled
$322.41. The Plaintiff billed Waller Media’s open account $1,900 which the Plaintiff
paid for the repair of the KFRO-FM PTEK transmitter. Two other items, a notary
public fee, and a gas bill totaled $84. The subtotal due from Waller Media to the
Plaintiff for Exhibit F was $1,984.
19. The Plaintiff’s Personal computer was seized illegally by Susan Waller on August 1,
2016, when she took control of Waller Media, LLC. The computer was recognizable as
plaintiff’s because the files in its mass storage included ten years of personal Income
Tax Returns, Credit Card Statements, Bank Statements, Private and Personal email,
journals, photographs, and correspondence. Waller Media, LLC has no record of
having purchased the computer. The Plaintiff asserts that the computer was also
identifiable as personal and not company property because it was not a manufactured
20. Exhibit C: The Plaintiff’s computer represents items of value provided to Waller
Media by the Plaintiff. Rather than file criminal complaints about theft, the fair
replacement value of the items was to be billed to the open account which Plaintiff
maintained for Waller Media. Accordingly, the just and true cost of a workstation as
represented in Exhibit C, $8,738, has been added to Waller Media’s open account.
21. Exhibit D: There are many items of personal property which the Plaintiff was never
allowed to recover from Waller Media. Only a few of the more expensive items are
listed in Exhibit D. These items were in good to excellent condition. Rather than file
criminal complaints about theft, the fair replacement value of the items was to be
billed to the open account. The subtotal due from Waller Media to the Plaintiff for
Exhibit D was $4,399, and accordingly, that amount has been added to Waller
Media’s open account.
22. Exhibit E: The subtotal due from Waller Media to the Plaintiff for Exhibit E was
$19,986. Exhibit E is a list of items of value which were provided to Waller Media by
the Plaintiff and systematically billed to Waller Media’s open account.
23. The total amount due from Waller Media to the Plaintiff on August 1, 2016, including
ExhibitS C, D, E, and F was $35,107.
24. After Susan Waller took control of Waller Media, the Plaintiff was not allowed to
retrieve his personal belongings which included a hand-written journal of cash
25. The plaintiff incurred interest payments on credit card debt, which the plaintiff paid,
but is not recoverable under Rule 185. Credit card interest charges are not included in
the transaction listings of the open account.
26. The Plaintiff provided items of value to Waller Media, LLC on open account. Waller
Media, LLC accepted the items of value and became bound to pay plaintiff designated
charges which were reasonable and customary for such items of value.
28. This claim is just and true, it is due, and all just and lawful offsets, payments, and
credits have been allowed. Plaintiff attaches an unsworn declaration verifying these
facts as Exhibit H and incorporates it by reference.
30. Plaintiff seeks liquidated damages in the amount of at least $35,107 which is within
the jurisdictional limits of this Court.
31. Alternatively, the Defendant breached a contract between Defendant and Plaintiff.
Defendant’s breach of contract was the proximate cause of Plaintiff’s injury.
32. Alternatively, Plaintiff provided items of value to the Defendant who was accepted by
the Defendant. Defendant accepted the items of value without compensating Plaintiff.
Defendant accepted the items of value and knew, or under the circumstances
reasonably should have known, that Plaintiff expected payment from Defendant for
the items of value. The items of value were reasonably worth the $35,107 at the time
they were provided. Defendant’s conduct proximately caused the Plaintiff’s damages.
H. CONDITIONS PRECEDENT
33. All conditions precedent to the plaintiff’s claim for relief have been performed or have
occurred.
34. Under Rule 194 of the Texas Rules of Civil Procedure, Plaintiff requests that
Defendants disclose, within the time required by the Texas Rules of Civil Procedure,
the information, and material described in Rule 194.2 of the Texas Rules of Civil
Procedure.
35. Plaintiff seeks to recover of and from Defendants, jointly and severally, all his actual,
special and exemplary damages as well as his attorney fees, costs of court, along with
pre and post-judgment interest and all other relief to which he is entitled.
K. CORPORATE DISREGARD
36. On May 12, 2017, the Waller Media collective, Waller Media, LLC, Waller
Broadcasting, Inc., and Waller Properties, Inc., seller, entered into an Asset Purchase
Agreement with East Texas Results Media, LLC (ETRM), the buyer. The assets of
Waller Media were sold to ETRM for $1,200,000. If the defendants transferred the 1.2
million dollars out of Waller Media leaving it insolvent and incapable of paying its
37. If the defendants attempt to use Waller Media, LLC as a means of evading an existing
legal obligation, the plaintiff asks the court to disregard the LLC fiction in the interest
of justice under Tex. Bus. Orgs. Code § 21.223(b), This rule applies to limited liability
companies via Tex. Bus. Orgs. Code § 101.002(a). See Castleberry v. Branscum, 721
S.W.2d 270 (1986).
L. PRAYER
38. For these reasons, plaintiff asks that the Court issue citation for the defendant to
appear and answer, and that plaintiff be awarded a judgment against the defendant
for the following:
Respectfully submitted
____________________________________________
William D. Waller, Jr.
Pro Se
11652 CR 2210
Tyler, TX 75707
Cell: (903) 253-5555
Email: bill@wallertec.com
By Certified Mail
Remittance of this amount within thirty (30) days will result in substantial
savings for you and avoid legal fees, court costs, and aggravation associated with
civil litigation which may result in a lien against Waller Media, LLC.
Thank you in advance for your immediate attention to this serious matter.
Sincerely yours,
Bill Waller
A Personal Note from Bill Waller to Dorothy
A rogue employee, Charles Pribilski (aka Jimmy Olsen), had nearly destroyed
the company before he was fired in October of 2014 for trying to steal $3,000. This
was confirmed in a TWC appeal in which his unemployment claim was denied
because of his misconduct. He had previously been reprimanded for physically
attacking and injuring a female employee in the control room. One salesperson,
who was Jimmy’s same-age and his best friend, had quit in 2013 after Jimmy had
impregnated his 26-year-old daughter. Jimmy’s self-dealing had damaged morale
so severely that by the end of 2014, all the salespeople had quit after surreptitiously
allowing annual contracts to lapse. At the beginning of 2015, the company had no
salespeople, no money to hire salespeople, and virtually no booked orders. This was
the cause of the cash deficit.
After Jimmy was fired, morale improved dramatically. It was like a dark cloud
had been lifted. Under the direction of Angie Dolezal, the remaining staff rallied.
The company entered a recovery and had the first profitable year since 2004 in
2015. Because $350,000 of the revenue went to replenish booked orders, it was not
manifested as cash in 2015 resulting in a cash deficit. With $1.3 million in assets,
$300,000 in payables, and no long-term debt, the company was in excellent financial
condition, sales were trending upward. Dudley Waller had encountered cash
deficits many times in his career. It’s a common occurrence for radio stations. The
solution is to just leverage assets as Dudley did many times. He, in fact, retired $11
million of long-term debt when he sold his five stations in 2004.
One of the most promising things about Waller Media was that the cache of
booked orders had gone from $24,000 at the end of 2014 to $596,000 on July 31st,
2016. That’s an increase of $572,000 in the net worth of Waller Media. Booked
orders represent signed contracts which would manifest as cash over the next 12
months.
From 2014 through July of 2016, the company was in a very cash critical
situation, so I didn’t put in for reimbursement. I was confident that the company
would continue in recovery and I could be repaid. This was a selfless act of
generosity on my part and a personal sacrifice that would be abhorrent to abuse.
October 31st, 2017
By Certified Mail
When my employment with Waller Media, LLC was terminated, I had personal
belongings in the Waller Media office which were confiscated illegally which is a
violation of Tex. Penal Code § 31.03 Theft.
One of those items was a personal workstation which I had built from individual
components. This is not a store bought manufactured computer, so it will not have a brand name
or serial number. This was the computer that was in my office beside my desk. It is the only
computer in the building that had an olive drab case. Since I built the computer, Waller Media
will not have any record of having purchased it. It has a Supermicro motherboard, and OCZ
Solid State Drive.
Please be aware that this computer contains my personal information including credit card
statements, Federal Income Tax Returns, Bank Statements, personal identifying information, and
correspondence going back more than ten years. If you make this information available in such a
way that it enables fraud or theft against me, you may be held liable for my losses.
I have also written software which is my private intellectual property and which I may
distribute commercially. You are not licensed to use, sell, or dessiminate this software.
Since the defendants have sequestered the Plaintiff’s computer for many months, the Plaintiff
does not believe that the defendants could return it in a reasonably useful condition. In addition,
even if the computer still functions, it’s use as a leading edge software development platform has
given way to advancing technologies in the two years since it was illegally seized. The most
reasonable way to resolve this issue is for the defendant to pay for the computer and provide an
image copy of the solid state mass storage.
Sincerely yours,
Bill Waller
A Personal Note from Bill Waller to Dorothy
I am sure you remember Alex Dryden, the analyst for International Profit
Associates. I have spoken with several other people who were employees of Waller
Media while Alex spent several weeks in the Waller Media offices in the last
quarter of 2007. They remember Alex very well. I believe you told me that you had
paid IPA $250,000 for the work they did on the estate plan, trusts, and last wills
and testaments. If you don’t still have your bank records, Austin Bank can provide
them for any number of years from their archives. I got 5 years of Waller Media,
LLC bank records for $35. They include the transaction listings as well as images
of checks and deposit slips.
You will remember our meetings with the IPA representatives when they were
creating the estate plan and wills for you and Dad back in 2007 and 2008. Alicia
and Susie will also remember IPA and Alex Dryden. The thing you, Alicia, and
Susie may not have considered is that under Texas law, anyone who knew about the
destruction of a will and who participated in concealing or suppressing knowledge of
that will may be held criminally liabile just as the principal actor. I have included
some relevant excerpts from the Texas Penal Code on the following page. This does
not constitute legal advice. It is completely up to you to form your own opinion.
Section 32.47 FRAUDULENT DESTRUCTION, REMOVAL, OR CONCEALMENT
OF WRITING.
(a) A person commits an offense if, with intent to defraud or harm another, he
destroys, removes, conceals, alters, substitutes, or otherwise impairs the
verity, legibility, or availability of a writing, other than a governmental
record.
(d) An offense under this section is a state jail felony if the writing:
(1) is a will or codicil of another, whether or not the maker is alive or dead
and whether or not it has been admitted to probate;
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT E
EXHIBIT E
EXHIBIT E
EXHIBIT E
EXHIBIT E
EXHIBIT E
EXHIBIT F
Date Description Category Debit Credit Balance
02/11/16 FM BROADCAST SPOKANE VALLE WA 99212 US Merchandise 1,900.00 1,900.00
03/25/16 PAST DUE FEE Fee 39.00 1,939.00
03/28/16 INTEREST CHARGE:PURCHASES Interest Charge 30.74 1,969.74
04/25/16 PAST DUE FEE Fee 39.00 2,008.74
04/28/16 INTEREST CHARGE:PURCHASES Interest Charge 34.08 2,042.82
04/28/16 OVERLIMIT FEE APR 28, 2016 Fee 39.00 2,081.82
05/25/16 CAPITAL ONE AUTOPAY PYMT AuthDate 03‐M AY Payment 201.00 1,880.82
05/28/16 INTEREST CHARGE:PURCHASES Interest Charge 34.31 1,915.13
06/25/16 CAPITAL ONE AUTOPAY PYMT AuthDate 30‐M AY Payment 53.00 1,862.13
06/28/16 INTEREST CHARGE:PURCHASES Interest Charge 32.93 1,895.06
07/01/16 AMER ASSOC NOTARIESWE 713-644-2299 TX 77017 US Merchandise 35.90 1,930.96
07/21/16 FSI*CENTERPOINT ENERGY 800-967-9649 TX 77002 US Utilities 48.85 1,979.81
07/25/16 CAPITAL ONE AUTOPAY PYMT AuthDate 30‐J UN Payment 51.00 1,928.81
07/28/16 INTEREST CHARGE:PURCHASES Interest Charge 32.30 1,961.11
08/25/16 CAPITAL ONE AUTOPAY PYMT AuthDate 30‐J UL Payment 51.00 1,910.11
08/27/16 INTEREST CHARGE:PURCHASES Interest Charge 33.73 1,943.84
09/25/16 CAPITAL ONE AUTOPAY PYMT AuthDate 29‐A UG Payment 53.00 1,890.84
09/25/16 Returned ACH Card Payment Other 53.00 1,943.84
09/25/16 INTEREST CHARGE ADJUSTMENT Interest Charge 0.12 1,943.96
09/28/16 INTEREST CHARGE:PURCHASES Interest Charge 33.43 1,977.39
10/25/16 PAST DUE FEE Fee 39.00 2,016.39
10/28/16 INTEREST CHARGE:PURCHASES Interest Charge 48.89 2,065.28
11/25/16 PAST DUE FEE Fee 39.00 2,104.28
11/28/16 INTEREST CHARGE:PURCHASES Interest Charge 52.77 2,157.05
12/26/16 PAST DUE FEE Fee 39 2,196.05
12/28/16 INTEREST CHARGE:PURCHASES Interest Charge 53.28 2,249.33
01/28/17 INTEREST CHARGE:PURCHASES Interest Charge 57.83 2,307.16
Debit to Waller Media Open Account 1984.75
Charges to Plaintiff not Debited to Waller Media Open Account 322.41
Payable to Bill Waller On Open Account Page 1 of 1
Summary for Waller Media, LLC Printed 11/20/2018 1:54 PM
EXHIBIT G
1. My name is William D. Waller, Jr. I am over 18 years of age, of sound mind, and
capable of making this declaration. I have personal knowledge of the facts stated in
this declaration, and they are true and correct.
2. My lawsuit against the Defendants is brought to collect unpaid invoices for items of
value on the open account between myself and Waller Media, LLC.
3. From January 1, 2014, through August 1, 2016, Waller Media, LLC received and
benefited from goods, services, and merchandise which I provided to Waller Media,
LLC on open account. I did not demand payment on the account during that time
because Waller Media, LLC had insufficient cash to pay.
4. The foundation of my claim on the open account rests on my business dealings with
Waller Media, LLC, and the terms are reasonable, lawful, and true.
5. My employment with Waller Media, LLC was terminated by a letter from the owner
on August 1, 2016, making the balance of the open account payable at that time.
6. Waller Media, LLC has since liquidated its assets making sufficient funds available to
pay the balance on the open account.
7. I have care, custody, and control of the records concerning the open account which I
maintained for Waller Media, LLC.
8. I have kept a systematic record of the open account between myself and Waller Media,
LLC which I have attached as EXHIBITS C, D, E, and F.
9. I am not a financial institution, and the open account is not credit card debt. I
purchased items of value, took ownership of those items of value, then transferred
ownership of those items of value to Waller Media, LLC by systematically charging
Waller Media, LLC’s open account.
10. The items of value were billed to the open account of Waller Media, LLC without
11. On October 31, 2016, I sent by certified mail letters and transaction listings of the
open account between myself and Waller Media, LLC to the Defendants demanding
payment, but the Defendants did not respond.
12. On November 27, 2018, I filed Cause No. CV09786 in the Cherokee County Court at
Law and served the defendants with the lawsuit and complete accounting of
transactions which constitute the balance due.
13. The case is now before the 2nd Judicial District Court of Cherokee County Texas as
Cause No. 2019-01-0048.
14. I have applied all offsets, payments, and credits to Waller Media, LLC’s open account.
15. The open account which I maintained for Waller Media, LLC remains unpaid.
16. I have attached a statement listing of the invoices and totals of Waller Media LLC’s
open account in EXHIBITS C, D, E, and F, and the Grand Total (Principal Balance
Due) of $35,107 included in EXHIBIT G. All amounts are just and true and the total of
$35,107 is due and payable.
My name is, William D. Waller, Jr., my date of birth is August 28, 1953, my address is
11652 CR 2210, Tyler, Texas 75707, and I declare under penalty of perjury that the
foregoing is true and correct.
Executed in Smith County, State of Texas, on the 9th day of April 2019.
___________________________________
William D. Waller, Jr., Declarant