Warren V ORourke - Defendant Response

Filed 3/21/2022 4:54 PM
Kim Wells
Combination Clerk
San Saba County, Texas
Reviewed By: San Saba Clerk
3/21/2022 5:43:55 pm
Cause No. 10,204
Kelcy Warren, § In the District Courts of

§
Plaintiff, §
§
vs. § San Saba County, Texas
§
Robert Francis O’Rourke, §
§
Defendant. § 424th Judicial District
Defendant’s Original Answer and Jury Demand

Subject to Defendant’s Motion to Transfer Venue
To the Honorable Judge of Said Court:
COMES NOW, Robert Francis O’Rourke, Defendant in the above-entitled and
numbered cause, and files this his Original Answer and Jury Demand, and would
respectfully show the Court the following:
I.
General Denial
1.1 Pursuant to Rule 92 of the Texas Rules of Civil Procedure, Defendant denies each
and every, all and singular, the allegations asserted by Plaintiff in his Original Petition
and demand strict proof thereof by a preponderance of the evidence as required by the
laws and Constitution of the State of Texas.
II.
Special Exceptions
2.1 Pursuant to Rule 91 of the Texas Rules of Civil Procedure, Defendant specially
excepts to the Petition and ask the Court to order Plaintiff to replead and cure his
Copy from re:SearchTX

pleading defects. The Petition does not follow the “fair notice” standard of pleadings in
Texas, which looks at whether a party can ascertain from the pleadings the nature and
basic issues of the controversy and what testimony will be relevant. See Horizon/CMS
Healthcare Corp. v. Auld, 34 S.W.3d 887, 896 (Tex. 2000); Tex. R. Civ. P. 45 (b); Tex.
R. Civ. P. 47(a). Specifically, the Defendant specially excepts to the following:
2.2 Without waiving the right to plead further, Defendant specially excepts to the
remainder of Plaintiff’s claims because Plaintiff has failed to assert factual and legal
grounds for recovery against the Defendant under Texas law, or any other applicable law,
for the remainder of his purported causes of action. The Defendant requests that Plaintiff
be ordered to replead to state a legally actionable cause of action within a specified
reasonable time and, upon Plaintiff’s failure to do so, that Plaintiff’s claims against the
Defendant be dismissed.
III.
Affirmative Defenses
3.1 First Defense: Plaintiff cannot establish actual malice and because he is a public
figure, or alternatively, a limited purpose public figure, his claim is barred.
3.2 Second Defense: Defendant’s allegedly defamatory statements, if any, were all
substantially true, and consequently, are protected by the Texas Civil Practice and
Remedies Code § 73.005, Texas common law, Article 1, Section 8 of the Texas
Constitution, and the First and Fourteenth Amendments to the United States Constitution.

Plaintiff cannot show that the statements made were not, at a minimum, substantially
true.
3.3 Third Defense: Plaintiff’s claims are barred because the statement(s) at issue were
opinion.
3.4 Fourth Defense: Plaintiff has failed to mitigate his damages, in whole or in part.
3.5 Fifth Defense: Plaintiff’s alleged damages are limited by the specific limitations
on damages contained in Chapter 41 of the Texas Civil Practice and Remedies Code, and
all other similar limitations.
3.6 Sixth Defense: Plaintiff has failed to allege acts sufficient to state a claim for
exemplary or punitive damages, and Plaintiff cannot establish actual malice by clear and
convincing evidence, nor can he establish Defendant’s specific intent to cause substantial
injury or harm to him by clear and convincing evidence, such that he is entitled to
exemplary or punitive damages. Defendant invokes any and all Constitutional, statutory
and common law limitations on the recovery of actual or exemplary damages.
3.7 Seventh Defense: Plaintiff cannot prove he has suffered compensatory damages,
actual damages, or special damages, or any other such damages as a result of any
purportedly wrongful action of Defendant.
3.8 Eighth Defense: Plaintiff’s damages, if any, are subject to offsets and/or credits,
including, but not limited to, offsets for amounts Plaintiff earned or should have earned
through his efforts to mitigate, if any.

3.9 Ninth Defense: Attorney’s fees are not recoverable for claims of defamation per
se.
3.10 Tenth Defense: Plaintiff’s claims are barred in whole or in part by the doctrine of
qualified privilege.
3.11 Eleventh Defense: Plaintiff caused, in whole or in part, the damages alleged in
this lawsuit.
3.12 Twelfth Defense: Defendant asserts the right to contribution and/or indemnity
under the laws of the State of Texas, from any other person or entity, regardless of
whether a party, who is found to have caused or contributed to the injuries and/or
damages as alleged by Plaintiff.
3.13 Thirteenth Defense: Pleading in the alternative, should such be necessary,
Defendant affirmatively alleges that, in the unlikely event that the jury awards Plaintiff
exemplary damages or punitive damages, the damages are subject to the limitations
contained in Sections 41.007, 41.008, 41.010, 41.011 and 41.012 of the Texas Civil
Practice and Remedies Code.
3.14 Fourteenth Defense: Defendant plead the affirmative defense of justification
and/or excuse based on legal right.
3.15. Please take notice that pursuant to Tex. R. Civ. P. 84 and 85, to the extent that
defenses, other than the General Denial, pleaded in this Original Answer and any
amended Answer are in conflict, they are plead in the alternative.

IV.
Jury Demand
4.1 Defendant demands a trial by jury and has tendered or intend to tender the
appropriate fee to the Clerk.
V.
Prayer
5.1 Defendant Robert Francis O’Rourke asks the Court to enter judgment that Plaintiff
take nothing by his claims, award Defendant his taxable costs and attorney’s fees
incurred in defending Plaintiff’s suit, and award Defendant all other relief, in law or in
equity, to which he is justly entitled.
Respectfully submitted,
/s/ Chad W. Dunn

Chad W. Dunn
State Bar No. 24036507
chad@brazilanddunn.com
K. Scott Brazil
scott@brazilanddunn.com
Brazil & Dunn
4407 Bee Caves Road, Suite 111
Austin, Texas 78746
Telephone: (512) 717-9822
Joseph E. Sandler
(pro hac vice motion forthcoming)
Sandler, Reiff, Lamb, Rosenstein
& Birkenstock PC
1090 Vermont Ave., N.W. Suite 750
Washington, D.C. 20005
Telephone: (202) 479-1111
sandler@sandlerreiff.com
Counsel for Defendant

5

Certificate of Service
The undersigned hereby certifies that a true and correct copy of the forgoing
Motion to Dismiss has been served on Constantine Z. Pamphilis, lead counsel of record
for the Plaintiff, c/o Kasowitz Benson, 1415 Louisiana, Suite 2100, Houston, Texas
77002, through the Court’s efiling system on this, the 21st day of March, 2022.
/s/ Chad W. Dunn

Chad W. Dunn

Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Gwen Kelly on behalf of Chad Dunn

Bar No. 24036507
gwen@brazilanddunn.com
Envelope ID: 62805864
Status as of 3/21/2022 5:20 PM CST
Associated Case Party: KELCY WARREN
Name BarNumber Email TimestampSubmitted Status
Managing Attorney'sOffice courtnotices@kasowitz.com 3/21/2022 4:54:44 PM SENT
Constantine Pamphilis DPamphilis@kasowitz.com 3/21/2022 4:54:44 PM SENT
Case Contacts
Gwen Kelly gwen@brazilanddunn.com 3/21/2022 4:54:44 PM SENT
Associated Case Party: ROBERTFRANCISO'ROURKE
Scott Brazil scott@brazilanddunn.com 3/21/2022 4:54:44 PM SENT
Chad Dunn chad@brazilanddunn.com 3/21/2022 4:54:44 PM SENT

Filed 3/21/2022 4:30 PM
Kim Wells
Combination Clerk
San Saba County, Texas
Reviewed By: San Saba Clerk
3/21/2022 5:44:42 pm
Cause No. 10,204
Kelcy Warren, § In the District Court of

§
Plaintiff, §
§
vs. § San Saba County, Texas
§
Robert Francis O’Rourke, §
§
Defendant. § 424th Judicial District
Motion to Transfer Venue
To the Honorable Judge of Said Court:
Comes now Robert Francis O’Rourke, Defendant herein, who make and file this,
his Motion to Transfer Venue, and in support would respectfully show unto the
Honorable Court as follows:
I.
Background
The Plaintiff sued O’Rourke for defamation, and claims venue is proper (indeed,
mandatory) in San Saba County because he resided here when the allegedly defamatory
statements were made. Original Petition, ¶ 10 (citing Tex. Civ. Prac. & Rem. Code §
15.017).
This claim is untrue. Although the Plaintiff does effectively control some real
property in San Saba County, most of it is: (1) undeveloped; and (2) held in the name of
an entity that the Plaintiff controls, not the name of the Plaintiff. The evidence shows the
Plaintiff in fact lives in Dallas County, Texas, where his homestead is located, where he
is registered to vote and where he actually, physically resides. Because the Plaintiff has

filed suit in a county other than a county of mandatory venue, the Court must grant this
Motion to Transfer Venue and order the suit to be transferred to El Paso County, Texas,
the county of O’Rourke’s residence.
II.
Arguments and Authorities
A. General Rules Governing Change of Venue
Generally, a plaintiff has the first choice to fix venue in a proper county by filing
suit in the county of its choice. In re Masonite Corp., 997 S.W.2d 194, 197 (Tex. 1999)
(orig. proceeding). “Proper venue” means the venue required by mandatory venue
statutes, or, if no mandatory provisions apply, general venue or permissive venue statutes.
Tex. Civ. Prac. & Rem. Code § 15.001(b). “If a plaintiff initially files suit in a county of
‘proper venue,’ the case cannot be transferred to another county where venue would also
be proper.” KJ Eastwood Inv., Inc. v. Enlow, 923 S.W.2d 255, 256 (Tex. App. — Fort
Worth 1996, orig. proceeding). However, if a suit is brought in an improper venue, the
court must transfer the case to a county where venue is proper. Tex. Civ. Prac. & Rem
Code § 15.063(1); In re Lowe’s Home Ctrs., L.L.C., 531 S.W.3d 861, 870 (Tex. App. —
Corpus Christi 2017, orig. proceeding); Masonite Corp. v. Garcia, 951 S.W.2d 812, 819
(Tex. App. — San Antonio 1997, pet. dis’d), sub. mand. proceeding, In re Masonite
Corp., 997 S.W.2d 194, 197 (Tex. 1999) (orig. proceeding); Acker v. Denton Pub. Co.,
937 S.W.2d 111, 115 (Tex. App. — Fort Worth 1996, no writ).

In determining whether a suit has been brought in a county where venue is proper,
the court is to take all of the venue facts pleaded by the plaintiff as true, unless they are
specifically denied by another party. Tex. R. Civ. Pro. 87(3)(a); Geochem Tech Corp. v.
Verseckes, 962 S.W.2d 541, 543 (Tex. 1998). If a defendant objects to the plaintiff’s
venue choice and challenges it through a motion to transfer venue, the question of proper
venue is raised. Lynn Smith Chevrolet-GEO, Inc. v. Tidwell, 161 S.W.3d 738, 741-42
(Tex. App. — Fort Worth 2005, no pet); see also Wichita County v. Hart, 917 S.W.2d
779, 781 (Tex. 1996). Once these venue facts have been denied and challenged by a
defendant, then the plaintiff is obligated to prove that venue lies in the county where the
suit is pending. Verseckes, 962 S.W.2d at 543.
B. Petition Pleads Only Conclusory Venue Facts
Here, even if the facts pleaded by the Plaintiff are taken as true, the plaintiff has
not shown that venue is proper in San Saba County. Plaintiff has simply asserted in
conclusory fashion that he “resided in San Saba County, Texas at the time of the accrual
of the causes of action ….” Petition ¶1. The Plaintiff has entirely failed to plead any
specific facts that would support his claim of residence—any facts about whether he
actually maintains a place of abode in San Saba County and whether and how often he
uses any such property as a residence. Given that, as set forth below, the evidence shows
the Plaintiff does not reside in San Saba County, this omission may have been intentional
and strategic. In any event the Court need not assume venue for this suit is proper.

C. Venue Does Not Lie in San Saba County
Venue of a defamation suit lies in one of four places:
1. the county where the plaintiff resided when the claim accrued;
2. the county where the plaintiff resided when suit was filed;
3. the county where the defendant resided when suit was filed; or
4. the county of the defendant’s residence, or the domicile of a corporate

defendant.
Tex. Civ. Prac. & Rem. Code § 15.017.
This rule is not a new one. A.H. Belo Corp. v. Blanton, 129 S.W.2d 619, 622 (Tex.
1939). Therefore, in order to prove venue lies in San Saba County, the Plaintiff must
prove that he either resided here when he was supposedly defamed or that he did so on
February 22, 2022, the date he filed suit. The Plaintiff cannot do this.
For venue purposes, a person’s “residence” is: (1) a “fixed” place of abode; (2)
occupied over a substantial period of time; (3) that is permanent, not temporary. Snyder v.
Pitts, 241 S.W.2d 136, 140 (Tex. 1951); In re A.D.P., 281 S.W.3d 541, 546 (Tex. App.
— El Paso 2008, no pet.); In re Salgado, 53 S.W.3d 752, 763 (Tex. App. — El Paso
2001, no pet.); In re S.D., 980 S.W.2d 758, 760 (Tex. App. — San Antonio 1998, no
pet.); Munson v. Milton, 948 S.W.2d 813, 817 (Tex. App. — San Antonio 1997, pet.
denied); Howell v. Mauzy, 899 S.W.2d 690, 697 (Tex. App. — Austin 1994, writ denied).
This requires “actual, physical, and continuous” living in the county where residence is
claimed, S.D., 980 S.W.2d at 760-61, i.e., an actual act, rather than merely some claimed
intent to reside somewhere in the future. In re Martinez, 592 S.W.3d 170, 176 (Tex. App.

— Tyler 2019, orig. proceeding).
Specific examples of evidence showing where a litigant resides includes such
things as where he works or attends school, where his spouse resides, where government-
issued documents show he resides, where the party in fact spends substantial amounts of
time and where he is registered to vote. See, e.g., Snyder, 241 S.W.2d at 139-42; Rosales
v. H.E. Butt Groc. Co., 905 S.W.2d 745, 749 (Tex. App. — San Antonio 1995, writ
denied) (defamation case). Given the current emphasis on election integrity, the last
factor is now of particular import — the Plaintiff can hardly have voted in Dallas County
if he is, in fact, a resident of San Saba County, and O’Rourke cannot imagine the Plaintiff
will go so far as to admit to having committed possible felony voter fraud merely to
maintain this suit in San Saba County.
Here, the evidence shows the Plaintiff did not and cannot reside in San Saba
County. Three of the eight properties connected to the Plaintiff that are located in San
Saba County are either unimproved or only have such improvements as are associated
with agriculture. See public database summaries of reports of County Tax Assessor-
Collector for San Saba County attached hereto as Exhibits 1-3. As such, none of these
properties can be the Plaintiff’s residence, having no place of abode at all, and therefore
not being a place that the Plaintiff could have actually occupied as a residence. Five
properties are listed as having a single-family residence on them. See public database
summary of reports of County Assessor-Collector for San Saba County attached hereto as
Exhibits 4-8. All of these, however, are (1) not owned by the Plaintiff, but rather by an

entity that is not a party to this lawsuit; and (2) listed as being owned by an “absentee
owner” indicating that none is a place where the Plaintiff has spent any significant
amount of time, if any, and certainly not with the necessary regularity.
Other evidence shows the truth of the matter — the Plaintiff actually resides in
Dallas County. The Plaintiff has a home at 8111 Westchester Drive, Dallas TX 75225.
That is the mailing address listed for all of his San Saba properties (see Exhibits 1-8). It is
the address listed as his residence for all of his political contributions in Texas. See
Exhibit 9 hereto. And the Plaintiff is registered to vote in Dallas County, something he
cannot have done unless he is a resident of Dallas County. Tex. Elec. Code §§
11.001(a)(2); 11.003. 1
The Plaintiff is not a resident of San Saba County, and so cannot maintain a suit
for defamation here.
D. Venue Does Lie in El Paso County
Venue not being proper here, it must be moved to a county where it is proper. Tex.
Civ. Prac. & Rem Code § 15.063(1). A county where venue is proper is El Paso County,
because O’Rourke lives there. See Exhibit 10. Under the governing venue statute, this
would be a proper county for the suit. Tex. Civ. Prac. & Rem. Code § 15.017. Because
venue is not proper in San Saba County, and is proper in El Paso County, O’Rourke asks
the Court to order venue for this suit be transferred to El Paso County.
1
That this suit was filed just prior to the Republican primary elections shows the Plaintiff cannot
have been a resident of San Saba County either when his claim accrued or when he filed suit,
both events occurring before the date of those primaries.

III.
Conclusion and Prayer
The Plaintiff had at least two venues where he could properly file this suit, but
instead chose to file it in the wrong venue. Because O’Rourke has objected to this
improper venue, the Court should find venue is not proper in San Saba County, but that it
is proper in El Paso County, and order the venue for this suit transferred to El Paso
County.
Wherefore, premises considered, O’Rourke prays that, after notice and hearing,
the Court transfer this case to El Paso County, Texas, on the grounds that El Paso County
is a proper venue for the claims raised herein, and that San Saba County is not.
O’Rourke prays for such other and further relief, general or special, in law or in
equity, to which he may prove himself to be justly entitled.
Respectfully submitted,
/s/ Chad W. Dunn

Chad W. Dunn
chad@brazilanddunn.com
K. Scott Brazil
scott@brazilanddunn.com
Brazil & Dunn
4407 Bee Caves Road, Suite 111
Austin, Texas 78746
Telephone: (512) 717-9822
Joseph E. Sandler
(pro hac vice motion forthcoming)
Sandler, Reiff, Lamb, Rosenstein
& Birkenstock PC
1090 Vermont Ave., N.W. Suite 750

Washington, D.C. 20005
Telephone: (202) 479-1111
sandler@sandlerreiff.com
Counsel for Defendant
Certificate of Service
The undersigned hereby certifies that a true and correct copy of the foregoing
Motion to Transfer Venue has been served on Constantine Z. Pamphilis, lead counsel of
record for the Plaintiff, c/o Kasowitz Benson, 1415 Louisiana, Suite 2100, Houston,
Texas 77002, through the Court’s efiling system on this, the 21st day of March, 2022.
/s/ Chad W. Dunn

Chad W. Dunn

Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Gwen Kelly on behalf of Chad Dunn

Bar No. 24036507
gwen@brazilanddunn.com
Envelope ID: 62804542
Status as of 3/21/2022 5:21 PM CST
Associated Case Party: KELCY WARREN
Managing Attorney'sOffice courtnotices@kasowitz.com 3/21/2022 4:30:05 PM SENT
Constantine Pamphilis DPamphilis@kasowitz.com 3/21/2022 4:30:05 PM SENT
Case Contacts
Gwen Kelly gwen@brazilanddunn.com 3/21/2022 4:30:05 PM SENT
Associated Case Party: ROBERTFRANCISO'ROURKE
Scott Brazil scott@brazilanddunn.com 3/21/2022 4:30:05 PM SENT
Chad Dunn chad@brazilanddunn.com 3/21/2022 4:30:05 PM SENT

Exhibit 1

Real Property Tax Assessor: LOS VALLES RANCH LLC
Real Property Tax Assessor Record
Source Information
Tax Roll Certification Date: 07/25/2021

Owner Information Current Through: 12/30/2021
County Last Updated: 03/02/2022
Current Date: 03/18/2022
Source: TAX ASSESSOR
Owner Information
Owner(s): LOS VALLES RANCH LLC

KELCY WARREN
Corporate Owner: CORPORATE OWNER
Ownership Rights: CORPORATION
Absentee Owner: ABSENTEE (MAIL AND SITUS NOT=)
Property Address: 1494 COUNTY ROAD 319
CHEROKEE, TX 76832
Mailing Address: 8111 WESTCHESTER DR 600
DALLAS, TX 75225-6142
Property Information
County: SAN SABA

Assessor's Parcel Number: 261
Property Type: VACANT
Land Use: AGRICULTURAL LAND
Lot Size: 9253451
Lot Acreage: 212.4300
Municipality: CHEROKEE
Legal Description: H BODE ABST 92 SURV 84 212.43 AC
Tax Assessment Information
Tax Year: 2021

Calculated Land Value: $18,060.00
Calculated Total Value: $18,060.00
Assessed Land Value: $18,060.00
Assessed Total Value: $18,060.00
Market Land Value: $594,800.00
Market Total Value: $594,800.00
Valuation Method: ASSESSED
Tax Amount: $320.37
Tax Code Area: HCW
Building/Improvement Characteristics
Total Area: 9253451
Last Market Sale Information
Sale Date: 10/23/1997

Seller Name: OWNER RECORD
Deed Type: GRANT DEED
Type of Sale: RESALE
Multiple Parcel Sale: MULTIPLE PARCEL SALE
Recording Book/Page: BOOK 229, PAGE 650
© 2022 Thomson Reuters. No claim to original U.S. Government Works. 1

Previous Transaction Information
Number of Parcels: Y
Historical Tax Assessor Information
Historical Tax Assessor Record: 1.

Tax Year: 2020
Owner: LOS VALLES RANCH LLC, KELCY WARREN
TX
DALLAS, TX 75225-6142
Tax Year: 2019
TX
DALLAS, TX 75225-6142
Tax Year: 2018
TX
DALLAS, TX 75225-6142
Tax Year: 2017
TX
DALLAS, TX 75225-6142
Tax Year: 2016


TX
DALLAS, TX 75225-6142
Tax Year: 2015
TX
Mailing Address: 3738 OAK LAWN AVE
DALLAS, TX 75219-4333
Tax Year: 2014
TX
DALLAS, TX 75219-4333
Tax Year: 2013
TX
DALLAS, TX 75219-4333
Tax Year: 2011
TX
DALLAS, TX 75219-4333

ADDITIONAL PROPERTIES POSSIBLY CONNECTED TO OWNER may have been located. The owner’s mailing address
is associated with other properties as indicated by tax assessor records. Additional charges may apply.
TRANSACTION HISTORY REPORT may be available for this property. The report contains details about all available
transactions associated with this property. The report may include information about sales, ownership transfers, refinances,
construction loans, 2nd mortgages, or equity loans based on recorded deeds. Additional charges may apply.
Thomson Reuters Legal is not a consumer reporting agency and none of its services or the data contained therein
constitute a 'consumer report' as such term is defined in the Federal Fair Credit Reporting Act (FCRA), 15 U.S.C. sec.
1681 et seq. The data provided to you may not be used as a factor in consumer debt collection decisioning, establishing
a consumer's eligibility for credit, insurance, employment, government benefits, or housing, or for any other purpose
authorized under the FCRA. By accessing one of our services, you agree not to use the service or data for any purpose
authorized under the FCRA or in relation to taking an adverse action relating to a consumer application.
End of Document © 2022 Thomson Reuters. No claim to original U.S. Government Works.

Exhibit 2

Source Information

Owner Information

KELCY WARREN
CHEROKEE, TX 76832
DALLAS, TX 75225-6142
County: SAN SABA

Lot Size: 9759618
Legal Description: ADAMS, BEATY & MOULTON ABST 30 SURV 1 224.05
AC
Tax Year: 2021

Tax Amount: $337.74
Tax Code Area: HCW
Total Area: 9759618
Sale Date: 08/03/2006

Seller Name: BRYDEN IDA J

Sale Date: 06/01/2006


Tax Year: 2020
TX
DALLAS, TX 75225-6142
Tax Year: 2019
TX
DALLAS, TX 75225-6142
Tax Year: 2018
TX
DALLAS, TX 75225-6142
Tax Year: 2017
TX

DALLAS, TX 75225-6142
Tax Year: 2016
TX
DALLAS, TX 75225-6142
Tax Year: 2015
TX
DALLAS, TX 75219-4333
Tax Year: 2014
TX
DALLAS, TX 75219-4333
Tax Year: 2013
TX
DALLAS, TX 75219-4333
Tax Year: 2011

TX
DALLAS, TX 75219-4333

Exhibit 3

Source Information

Owner Information

KELCY WARREN
CHEROKEE, TX 76832-2410
DALLAS, TX 75219-4333
County: SAN SABA

Assessor's Parcel Number: 00154-00001-00200-000000
Lot Size: 15608855
Legal Description: BROOKS & BURLESON ABST 154 SUR 1 358.33 AC
Tax Year: 2010

Tax Amount: $480.78
Tax Code Area: HCW
Total Area: 15608855

Tax Year: 2009


Mailing Address: 2838 WOODSIDE ST
DALLAS, TX 75204-2524
Tax Year: 2006
Owner: WARREN KELCY
DALLAS, TX 75204-2524
Tax Year: 2006
DALLAS, TX 75204-2524

Exhibit 4

Source Information

Owner Information

KELCY WARREN
Property Address: 1894 PR 319
CHEROKEE, TX 76832
DALLAS, TX 75225-6142
County: SAN SABA

Property Type: SINGLE FAMILY RESIDENCE - TOWNHOUSE
Land Use: RESIDENTIAL (NEC)
Lot Size: 43560
Lot Acreage: 1.0000
Legal Description: FISHER & MILLER ABST 329 SURV 391 1 AC
Tax Year: 2021

Calculated Improvement Value: $199,310.00
Assessed Improvement Value: $199,310.00
Market Improvement Value: $199,310.00
Tax Amount: $3,633.13
Tax Code Area: HCW
Building Type: RESIDENTIAL

Number of Buildings: 1
Total Area: 43560
Living Square Feet: 1680
Garage Type: ATTACHED FINISHED GARAGE


Tax Year: 2020
TX
DALLAS, TX 75225-6142
Tax Year: 2019
TX
DALLAS, TX 75225-6142
Tax Year: 2018
TX
DALLAS, TX 75225-6142
Tax Year: 2017
TX
DALLAS, TX 75225-6142


Tax Year: 2016
TX
DALLAS, TX 75225-6142
Tax Year: 2015
Property Address: TX
DALLAS, TX 75219-4333
Tax Year: 2014
DALLAS, TX 75219-4333
Tax Year: 2013
DALLAS, TX 75219-4333
Tax Year: 2011
DALLAS, TX 75219-4333


Exhibit 5

Source Information

Owner Information

KELCY WARREN
CHEROKEE, TX 76832
DALLAS, TX 75225-6142
County: SAN SABA

Lot Size: 43560
Lot Acreage: 1.0000
Legal Description: FISHER & MILLER ABST 329 SURV 391 1.000 AC
Tax Year: 2021

Tax Code Area: HCW

Total Area: 43560

Sale Date: 10/23/1997

Multiple Parcel Sale: MULTI - DETAIL PARCEL SALE

Tax Year: 2020
TX
DALLAS, TX 75225-6142
Tax Year: 2019
TX
DALLAS, TX 75225-6142
Tax Year: 2018
TX
DALLAS, TX 75225-6142
Tax Year: 2017


TX
DALLAS, TX 75225-6142
Tax Year: 2016
TX
DALLAS, TX 75225-6142
Tax Year: 2015
DALLAS, TX 75219-4333
Tax Year: 2014
DALLAS, TX 75219-4333
Tax Year: 2013
DALLAS, TX 75219-4333
Tax Year: 2011


DALLAS, TX 75219-4333

Exhibit 6

Source Information

Owner Information

KELCY WARREN
Property Address: 4160 W FM 501
DALLAS, TX 75219-4333
County: SAN SABA

Land Use: SINGLE FAMILY RESIDENCE
Lot Size: 65340
Lot Acreage: 1.5000
Legal Description: J SCHERTZ ABST 1120 SURV 501 1.5AC
Tax Year: 2010

Tax Code Area: HCW

Total Area: 65340
Number of Bathrooms: 1.00
Full Baths: 1


Tax Year: 2009
DALLAS, TX 75204-2524
Tax Year: 2006
DALLAS, TX 75204-2524
Tax Year: 2006
Owner: WARREN KELCY
DALLAS, TX 75204-2524

Exhibit 7

Source Information

Owner Information

KELCY WARREN
CHEROKEE, TX 76832
DALLAS, TX 75225-6142
County: SAN SABA

Lot Size: 43560
Lot Acreage: 1.0000
Legal Description: J SCHERTZ ABST 1120 SURV 501 1.00 AC
Tax Year: 2021

Tax Code Area: HCW

Total Area: 43560
Sale Date: 02/1994

Seller Name: MAYME RUTH Y TRUST

Multiple Parcel Sale: MULTI - DETAIL PARCEL SALE

Tax Year: 2020
CHEROKEE, TX 76832
DALLAS, TX 75225-6142
Tax Year: 2019
CHEROKEE, TX 76832
DALLAS, TX 75225-6142
Tax Year: 2018
CHEROKEE, TX 76832
DALLAS, TX 75225-6142
Tax Year: 2017
Owner: PARR JAY D


CHEROKEE, TX 76832
Mailing Address: PO BOX 162
Tax Year: 2016
Owner: PARR JAY D
CHEROKEE, TX 76832
Tax Year: 2015
Owner: PARR JAY D
Property Address: 4565 W COUNTY ROAD 501
TX
Tax Year: 2014
Owner: PARR JAY D
TX
Tax Year: 2013
Owner: PARR JAY D
TX
Tax Year: 2011


Owner: PARR JAY D
TX

Exhibit 8

Source Information

Owner Information

KELCY WARREN
CHEROKEE, TX 76832
DALLAS, TX 75225-6142
County: SAN SABA

Lot Size: 87120
Lot Acreage: 2.0000
Legal Description: BROOKS & BURLESON ABST 150 SURV 3 2 AC
Tax Year: 2021

Calculated Improvement Value: $1,473,660.00
Calculated Total Value: $1,484,660.00
Assessed Improvement Value: $1,473,660.00
Assessed Total Value: $1,484,660.00
Market Improvement Value: $1,473,660.00
Market Total Value: $1,484,660.00
Tax Code Area: HCW

Total Area: 87120
Pool: Y
Pool Type: TYPE UNKNOWN

Sale Date: 07/15/1994


Tax Year: 2020
TX
DALLAS, TX 75225-6142
Tax Year: 2019
TX
DALLAS, TX 75225-6142
Tax Year: 2018
TX
DALLAS, TX 75225-6142
Tax Year: 2017


TX
DALLAS, TX 75225-6142
Tax Year: 2016
TX
DALLAS, TX 75225-6142
Tax Year: 2015
DALLAS, TX 75219-4333
Tax Year: 2014
DALLAS, TX 75219-4333
Tax Year: 2013
DALLAS, TX 75219-4333
Tax Year: 2011


DALLAS, TX 75219-4333

Exhibit 9

Texas Ethics Commission
Selected Contributions By Contributor Name Like warren
Printed On Fri Mar 18 14:15:34 CDT 2022
REPNO FilerID Filer Name Contributor Name Amount Description Date Employer Occupation City State Zip
100801714 84408 Wright ,James D. Warren, Kelcy 25,000.00 10-28-2020 Energy Transfer Exec Chairman Dallas TX 75225
498526 15741 Texans for Rick Perry , Warren, Kelcy 6,513.50(See travel info) 06-26-2011 Energy Transfer Chairman Dallas TX 75219
468449 15741 Texans for Rick Perry , Warren, Kelcy 10,000.00 09-15-2010 Energy Transfer CEO Dallas TX 75219
457981 15741 Texans for Rick Perry , Warren, Kelcy 10,000.00 02-24-2010 Best Efforts Best Efforts Dallas TX 75219
599661 19837 Carona ,John J. Warren, Kelcy 5,000.00 12-06-2013 Energy Transfer Chairman and CEO Dallas TX 75219
100260082 51286 Hegar ,Glenn A. Warren, Kelcy 50,000.00. 06-26-2015 Energy Transfer Co-CEO and Co- Dallas TX 75219
Chairman
100656928 51286 Hegar ,Glenn A. Warren, Kelcy 5,000.00Food and 11-01-2016 Energy Transfer Chairman / CEO Dallas TX 75225
beverages
100656928 51286 Hegar ,Glenn A. Warren, Kelcy 10,000.00 11-01-2016 Energy Transfer Co-CEO and Co- Dallas TX 75219
Chairman
100680074 51407 Paxton ,W. Kenneth Warren, Kelcy 50,000.00 09-21-2016 Energy Transfer Chairman/CEO Dallas TX 75225
100755825 62309 Button ,Angie C. Warren, Kelcy 1,000.00 11-09-2019 Energy Transfer CEO Dallas TX 75225
3/18/22 Page 1 of 7
100853971 68738 Bush ,George P. Warren, Kelcy 100,000.00 02-14-2022 Energy Transfer CEO / Chairman Dallas TX 75225
100767269 69344 Meyer ,Morgan D. Warren, Kelcy 1,000.00 11-04-2019 Energy Transfer Chairman & CEO Dallas TX 75225
600016 69306 Malachi Boyuls for Texas Warren, Kelcy 25,000.00 10-11-2013 Energy Transfer CEO Dallas TX 75220
(DISSOLVED) ,
100766662 69001 Buckingham ,Dawn C. Warren, Kelcy 10,000.00 09-05-2019 Energy Transfer CEO Dallas TX 75225
457583 66261 Porter ,David J. Warren, Kelcy 25,000.00 06-14-2010 Energy Transfer CEO Dallas TX 75219
628506 67797 Sitton ,Ryan Warren, Kelcy 5,115.38Fundraising event 09-15-2014 Energy Transfer President Dallas TX 75220
614648 67797 Sitton ,Ryan Warren, Kelcy 50,000.00 05-02-2014 Energy Transfer CEO Dallas TX 75219
100721430 82237 Blacklock ,James D. Warren, Kelcy 6,250.00 08-21-2018 Energy Transfer CEO Dallas TX 75225
537055 12321 Fillmore ,Robert M. Warren, Kelcy 1,000.00 01-25-2012 Energy Transfer Businessman Dallas TX 75219
100788516 84712 American Freedom Fund , Warren, Kelcy 250,000.00 02-20-2020 Energy Transfer CEO Dallas TX 75225
100796094 15662 Republican Party of Texas , Warren, Kelcy 10,000.00 02-13-2020 Energy Transfer Chairman & CEO Dallas TX 75225
539401 20841 Patterson ,Jerry E. Warren, Kelcy 25,000.00 05-29-2012 Energy Transfer CEO Dallas TX 75219
3/18/22 Page 2 of 7
560460 20841 Patterson ,Jerry E. Warren, Kelcy 25,000.00 11-19-2012 Energy Transfer CEO Dallas TX 75220
560460 20841 Patterson ,Jerry E. Warren, Kelcy 2,102.48Food/Bev for 10-30-2012 Energy Transfer CEO Dallas TX 75220
10.18.12 JP
550556 28135 Texans for Lawsuit Reform Warren, Kelcy 250,000.00 10-19-2010 Energy Transfer Oil & Gas Pipeline Dallas TX 75219
PAC ,
553818 36671 David Dewhurst Committee , Warren, Kelcy 2,500.00 10-09-2008 Energy Transfer Executive Dallas TX 75204
346543 51245 Friends of Michael Williams Warren, Kelcy 10,000.00 06-27-2007 Energy Transfer Co- CEO/Co- Dallas TX 75204
(DISSOLVED) , Chairman
100261055 51153 Texans for Greg Abbott , Warren, Kelcy 250,000.00 06-29-2015 Energy Transfer Executive Dallas TX 75219
100828542 51153 Texans for Greg Abbott , Warren, Kelcy 1,000,000.0 06-23-2021 Energy Transfer Executive Dallas TX 75225
0
515896 51153 Texans for Greg Abbott , Warren, Kelcy 1,302.66Campaign Event 11-17-2011 Energy Transfer Executive Dallas TX 75219
Expense
3/18/22 Page 3 of 7
602276 51153 Texans for Greg Abbott , Warren, Kelcy 200,000.00 08-08-2013 Energy Transfer CEO and Chairman Dallas TX 75219
100726412 26739 Devine ,John P. Warren, Kelcy 6,250.00 11-19-2018 Energy Transfer Executive Dallas TX 75225
444336 53595 Texans for Victor Carrillo Warren, Kelcy 20,000.00 02-16-2010 Energy Transfer Founder Dallas TX 75219
(DISSOLVED) ,
299036 56553 Texans for Elizabeth Jones Warren, Kelcy 25,000.00 12-28-2005 CEO Energy Transfer Dallas TX 75204
(DISSOLVED) , Partners
380549 56553 Texans for Elizabeth Jones Warren, Kelcy 10,000.00 06-24-2008 Energy Transfer CEO Dallas TX 75204
(DISSOLVED) ,
322739 56553 Texans for Elizabeth Jones Warren, Kelcy 25,000.00 10-24-2006 CEO EOG Resources Dallas TX 75204
(DISSOLVED) ,
100693118 56637 Texans for Joe Straus , Warren, Kelcy 25,000.00 10-16-2017 Energy Transfer CEO/Chairman of Dallas TX 75220
the Board
515604 30098 Craddick ,Christi L. Warren, Kelcy 25,000.00 11-15-2011 Energy Transfer Executive Dallas TX 75219
548763 30098 Craddick ,Christi L. Warren, Kelcy 25,000.00 10-27-2012 Energy Transfer Executive Dallas TX 75219
3/18/22 Page 4 of 7
643933 64090 Texans for Dan Patrick , Warren, Kelcy 50,000.00 12-13-2014 Energy Transfer CEO Dallas TX 75219
631343 64090 Texans for Dan Patrick , Warren, Kelcy 2,500.00 10-06-2014 Energy Transfer CEO Dallas TX 75219
100257685 64090 Texans for Dan Patrick , Warren, Kelcy 100,000.00 06-30-2015 Energy Transer CEO Dallas TX 75219
100650485 64090 Texans for Dan Patrick , Warren, Kelcy 100,000.00 12-08-2016 Energy Transfer Chairman & CEO Dallas TX 75225
100685968 64090 Texans for Dan Patrick , Warren, Kelcy 100,000.00 12-14-2017 Energy Transfer Partner Dallas TX 75225
100727315 64090 Texans for Dan Patrick , Warren, Kelcy 100,000.00 11-01-2018 Energy Transfer Partner Dallas TX 75225
527008 67912 Elizabeth Ames Jones for Warren, Kelcy 25,000.00 02-15-2012 Energy Transfer Chairman & CEO Dallas TX 75219
Texas Senate
548672 67958 Friends of Barry Smitherman Warren, Kelcy 10,000.00 10-05-2012 Energy Transfer CEO Dallas TX 75219
(DISSOLVED)
599167 67958 Friends of Barry Smitherman Warren, Kelcy 50,000.00 09-09-2013 Energy Transfer Chairman Dallas TX 75219
(DISSOLVED)
380506 37510 Huffman ,C. Joan WARREN, KELCY 10,000.00 06-24-2008 ENERGY CEO DALLAS TX 75204
TRANSFER
100784716 20257 Lucio ,Eduardo A. WARREN, KELCY 10,000.00 06-10-2020 ENERGY CHAIRMAN & CEO DALLAS TX 75225
TRANSFER
100693572 81004 Huffines ,Phillip Wayne Warren, Kelcy L 25,000.00 12-28-2017 Energy Transfer CEO Dallas TX 75225
100828977 51286 Hegar ,Glenn A. Warren, Kelcy L. 100,000.00 06-30-2021 Energy Transfer CoCEO And Dallas TX 75225
Cochairman
621151 51286 Hegar ,Glenn A. Warren, Kelcy L. 100,000.00 06-20-2014 Energy Transfer Co-CEO and Co- Dallas TX 75219
Chairman
3/18/22 Page 5 of 7
599230 36671 David Dewhurst Committee , Warren, Kelcy L. 25,000.00 12-12-2013 Energy Transfer Chairman and CEO Dallas TX 75219
100714769 69651 Huffines ,Donald B. Warren, Kelcy L. 25,000.00 06-28-2018 Energy Transfer CEO Dallas TX 75225
100734977 66059 Jeff Brown Campaign Warren, Kelcy L. 5,000.00 12-20-2018 Energy Transfer CEO Dallas TX 75225
(DISSOLVED) ,
100734977 66059 Jeff Brown Campaign Warren, Kelcy L. 1,250.00 12-20-2018 Energy Transfer CEO Dallas TX 75225
(DISSOLVED) ,
100753041 66759 Busby ,Justin B. Warren, Kelcy L. 5,000.00 06-26-2019 Energy Transfer Chairman & CEO Dallas TX 75225
526878 67958 Friends of Barry Smitherman Warren, Kelcy L. 25,000.00 04-04-2012 Energy Transfer CEO Dallas TX 75219
(DISSOLVED)
100690980 30098 Craddick ,Christi L. Warren, Kelcy L. 50,000.00 12-12-2017 Energy Transfer Executive Dallas TX 75204
100725339 30098 Craddick ,Christi L. Warren, Kelcy L. 25,000.00 10-24-2018 Energy Transfer Executive Dallas TX 75220
538949 67958 Friends of Barry Smitherman Warren, Kelcy L. 25,000.00 06-22-2012 Energy Transfer CEO Dallas TX 75219
(DISSOLVED)
516514 54081 Smitherman ,Barry T. Warren, Kelcy L. 25,000.00 08-16-2011 Energy Transfer CEO Dallas TX 75219
100735031 32574 Bonnen ,Dennis H. Warren, Kelcy L. 10,000.00 12-05-2018 Energy Transfer Executive DALLAS TX 75225
621662 62488 Texans for Dan Branch , Warren, Kelcy L. 100,000.00 05-20-2014 Energy Transfer Chairman & CEO Dallas TX 75219
100769804 69578 Chief Justice Nathan Hecht Warren, Kelcy L. 5,000.00 09-27-2019 Energy Transfer Chairman And CEO Dallas TX 75225
Campaign ,
100759620 83835 Texas Coalition for State Warren, Kelcy L. 250,000.00 08-26-2019 Energy Transfer Chairman Dallas TX 75225
Parks PAC (DISSOLVED) ,
642398 66261 Porter ,David J. Warren, Kelcy L. 10,000.00 12-10-2014 Energy Transfer Management Dallas TX 75219
100618500 66261 Porter ,David J. Warren, Kelcy L. 25,000.00 10-07-2015 Energy Transfer Management Dallas TX 75219
3/18/22 Page 6 of 7
100754075 51286 Hegar ,Glenn A. Warren, Kelcy L. 100,000.00 06-28-2019 Energy Transfer Co-CEO And Co- Dallas TX 75219
Chairman
3/18/22 Page 7 of 7
Exhibit 10

10


Warren V ORourke - Defendant Response

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Warren V ORourke - Defendant Response

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Filed 3/21/2022 4:54 PM

Kelcy Warren, § In the District Courts of

Defendant’s Original Answer and Jury Demand

To the Honorable Judge of Said Court:

COMES NOW, Robert Francis O’Rourke, Defendant in the above-entitled and

respectfully show the Court the following:

laws and Constitution of the State of Texas.

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R. Civ. P. 47(a). Specifically, the Defendant specially excepts to the following:

be ordered to replead to state a legally actionable cause of action within a specified

figure, or alternatively, a limited purpose public figure, his claim is barred.

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all other similar limitations.

and common law limitations on the recovery of actual or exemplary damages.

purportedly wrongful action of Defendant.

through his efforts to mitigate, if any.

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damages as alleged by Plaintiff.

3.13 Thirteenth Defense: Pleading in the alternative, should such be necessary,

Practice and Remedies Code.

3.14 Fourteenth Defense: Defendant plead the affirmative defense of justification

and/or excuse based on legal right.

amended Answer are in conflict, they are plead in the alternative.

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appropriate fee to the Clerk.

equity, to which he is justly entitled.

/s/ Chad W. Dunn

Counsel for Defendant

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/s/ Chad W. Dunn

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Gwen Kelly on behalf of Chad Dunn

Associated Case Party: KELCY WARREN

Name BarNumber Email TimestampSubmitted Status

Managing Attorney'sOffice courtnotices@kasowitz.com 3/21/2022 4:54:44 PM SENT

Constantine Pamphilis DPamphilis@kasowitz.com 3/21/2022 4:54:44 PM SENT

Name BarNumber Email TimestampSubmitted Status

Gwen Kelly gwen@brazilanddunn.com 3/21/2022 4:54:44 PM SENT

Associated Case Party: ROBERTFRANCISO'ROURKE

Name BarNumber Email TimestampSubmitted Status

Scott Brazil scott@brazilanddunn.com 3/21/2022 4:54:44 PM SENT

Chad Dunn chad@brazilanddunn.com 3/21/2022 4:54:44 PM SENT

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Kelcy Warren, § In the District Court of

Motion to Transfer Venue

To the Honorable Judge of Said Court:

Honorable Court as follows:

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the county of O’Rourke’s residence.

A. General Rules Governing Change of Venue

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suit is pending. Verseckes, 962 S.W.2d at 543.

B. Petition Pleads Only Conclusory Venue Facts

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Venue of a defamation suit lies in one of four places:

4. the county of the defendant’s residence, or the domicile of a corporate

Tex. Civ. Prac. & Rem. Code § 15.017.

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Specific examples of evidence showing where a litigant resides includes such

maintain this suit in San Saba County.

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for defamation here.