The chairman of a Dallas intellectual property management company filed for temporary injunctive relief against a fellow lawyer in a state district court, only to nonsuit the case after the respondent attorney filed a counterclaim against him, alleging assault. A hearing is set for Feb. 12 on the TRO, according to the order.
The background to the dispute in LDW v. CLD according to an affidavit filed in the case by Leslie D. Ware in Dallas’ 162nd District Court on Jan. 13, is as follows.
Ware, who identifies himself in the affidavit as a married Dallas lawyer and chairman of Panoptis, states that he met respondent CLD, who he identifies as a single attorney, in 2010 in a professional work setting. They became friends, according to the affidavit.
In 2011, Ware states in the affidavit that he sought to distance himself from CLD because she "was expecting more than friendship from me."
"However, I was not seeking more than what the relationship already had," he writes. "Continuing on in the relationship was causing me extreme stress."
According to the affidavit, CLD was "unwilling to permit the relationship to end" and advised him that she "hoped" they could remain friends. Ware states he acquiesced to CLD’s request that he refer her legal work to help her solo practice. Ware states that a year later, CLD "became stranger and, in general, became erratic."
In 2012, Ware states in the affidavit that, after he informed CLD that he was "terminating the relationship," she "threatened to ruin my relationship with my wife; made repeated harassing telephone calls to my cell phone . . . entered the grounds of my home, when I was not and without authorization, entering my pool house without my permission and placing telephone calls from my land-line telephone; misrepresented her employment status — saying she was employed by Panoptis — in order to dupe security and gain entry to Panoptis; interrupted the regular course of business at Panoptis. . . ."
Ware notes in the affidavit that he repeatedly requested CLD to "cease and desist" but that her "spiteful acts" had continued.
On Jan. 31, 162nd District Court Judge Phyllis Lister Brown signed a temporary restraining order in the case that ordered CLD not to come within 1,000 feet of Ware’s residence or Panoptis, his place of employment.
On Feb. 4, CLD filed a general denial and counterclaim against Ware. Specifically, CLD denies "each and every, all and singular, the allegations contained within the original petition of plaintiff Leslie D. Ware."
CLD alleges in her counterclaim that "Ware assaulted Counter Plaintiff." "Counter Defendant acted intentionally, knowingly and recklessly when he made contact with Counter Plaintiff’s person," according to the counterclaim.
On Feb. 5, the plaintiff filed a notice of nonsuit in LDW v. CLD requesting that the trial court "enter a nonsuit without prejudice on all claims."
CLD refers a call for comment about the case to her attorney Larry Friedman, a partner in Dallas’ Friedman & Feiger. Friedman filed the general denial and counterclaim on CLD’s behalf.
"I got a notice of nonsuit from these people. I don’t know what they’re up to. They’re nonsuiting their claims, and I am waiting for my client to give me further instructions," says Freidman.
Ware did not return a call seeking comment.
On Feb. 6, Jeffrey T. Hall, of counsel in Dallas’ Powers Taylor who represents Ware, declined to comment about the petition, the counter claim, and the nonsuit in the case. However, on Feb. 4, when asked about the reasons Ware filed the Jan. 31 petition, Hall stated: "Obviously this is a very private and personal matter. And I assure you this would not have been filed if there had been some other alternative."