FILED

DALLAS COUNTY
10/4/2016 7:56:52 PM
2 CT-NOT-TRO-E-SERVE FELICIA PITRE
DISTRICT CLERK
2 SOS-NOT-TRO-E-SERVE Freeney Anita
DC-16-13033
Cause No. __________

NERIUM INTERNATIONAL, LLC, IN THE DISTRICT COURT OF

Plaintiff,

v. DALLAS COUNTY, TEXAS

WORLD GLOBAL NETWORK
CORPORATION, TOAN NGUYEN,
VAN NGUYEN, AND NGUYEN-ERS,
LLC,

Defendants. _______ JUDICIAL DISTRICT

PLAINTIFFS ORIGINAL PETITION, APPLICATION FOR TEMPORARY

RESTRAINING ORDER AND TEMPORARY AND PERMANENT INJUNCTION,
AND EMERGENCY APPLICATION FOR EXPEDITED DISCOVERY

TO THE HONORABLE COURT:

Plaintiff Nerium International, LLC (Nerium) files this Original Petition, Application

for Temporary Restraining Order and Temporary and Permanent Injunction, and Emergency

Application for Expedited Discovery against Defendants World Global Network Corporation

(WGN), Toan and Van Nguyen (Toan, Van, or collectively, the Nguyens), and Nguyen-

ers, LLC, (collectively Defendants) and respectfully shows as follows:

I. SUMMARY

1. Nerium seeks a temporary-restraining order to prevent two of its high-ranking

salespeople from raiding Neriums salesforce and customers, in direct violation of their non-

solicitation agreements, for a competing company called World Global Network. With

increasing intensity, the Nguyens have aggressively recruited Neriums salespeople for WGN.

2. The Nguyens know this commercial ambush violates their agreement with

Nerium. So in response to Neriums recent cease-and-desist letter, the Nguyens emailed

Neriums leadership team, insisted we are sorry we were stupid, claimed they were staying

PLAINTIFFS ORIGINAL PETITION, APPLICATION FOR TEMPORARY RESTRAINING ORDER AND TEMPORARY
AND PERMANENT INJUNCTION, AND EMERGENCY APPLICATION FOR EXPEDITED DISCOVERY PAGE 1
with Nerium, and assured the company that they had not signed up as a distributor to any

company and also have never enrolled a single Nerium salesperson.

3. But the Nguyens were lying. They were still actively working a business with

WGN, and had coaxed numerous other Nerium salespeople to sign up to join the company as

well. They had no intention of legitimately working their Nerium businessthe plan was to lay

low until the legal storm passed and Nerium stopped paying attention, while still continuing to

secretly recruit Neriums salespeople and quietly setting up their WGN business.

4. Even that scheme was too slow or too subtle for WGN. So to induce the Nguyens

to resume their full-court press following receipt of Neriums cease-and-desist letter, the

companys Chief Executive Officer promised to indemnify the Nguyens and other departing

Nerium salespeople if they were sued for breaching their agreements with Nerium. With those

marching orders to breach their agreement with impunity, the Nguyens have redoubled their

efforts. This weekend, WGN has scheduled an all-expense-paid trip to its Miami headquarters

for thirty or so of Neriums salespeople in an attempt to seal the deal. Nerium therefore seeks

emergency relief to preserve the status quo and prevent the Defendants from further damaging

Neriums business until the Court can consider the merits.

II. RELIEF SOUGHT & DISCOVERY LEVEL

5. Pursuant to Texas Rule of Civil Procedure 47, and without waiving its right to

arbitrate, Nerium seeks immediate and permanent injunctive relief to prevent irreparable injury,

and seeks recovery of its attorneys fees, which at this time equal $100,000 or less. For its

claims against World Global Network, Nerium seeks between $200,000 and $1,000,000.

6. Nerium intends to conduct discovery under a Level 3 Discovery Control Plan and

requests expedited discovery.

PLAINTIFFS ORIGINAL PETITION, APPLICATION FOR TEMPORARY RESTRAINING ORDER AND TEMPORARY
AND PERMANENT INJUNCTION, AND EMERGENCY APPLICATION FOR EXPEDITED DISCOVERY PAGE 2
 III. PARTIES

7. Nerium is a limited liability company organized under Texas law, with its

principal place of business in Addison, Texas.

SOS
8. Defendant World Global Network Corporation is a Florida entity headquartered at

600 Brickell World Plaza, Suite 1775, Miami, Florida 33132. Its Florida registered agent is

Registered Agent Legal Services, LLC, at 155 Office Plaza Drive, Suite A, Tallahassee Florida

32301. Because it has failed to maintain a registered agent in Texas, it may be served through

the Texas Secretary of State as its agent, or wherever else it may be found.

9. Defendant Toan Nguyen is an individual who can be served with process at his

residence, 2161 Ventia, Tustin, CA 92782, or wherever else he may be found.

10. Defendant Van Nguyen is an individual who can be served with process at her

residence, 2161 Ventia, Tustin, CA 92782, or wherever else she may be found.

11. Nguyen-ers, LLC is a California entity. Its California registered agent is Tom

Bass, at 3151 Airway Ave, Ste. F109, Costa Mesa California, 92626. Because it has failed to SOS

maintain a registered agent in Texas, it may be served through the Texas Secretary of State as its

agent, or wherever else it may be found.

IV. JURISDICTION AND VENUE

12. The Court has jurisdiction because the damages sought are within the Courts

jurisdictional limits, and further because the Nguyens and Nguyen-ers, LLC consented to

jurisdiction in Texas. Likewise, the Court has jurisdiction over WGN because it has purposefully

availed itself of the privileges and benefits of conducting business in Texas. Neriums claims

relate to and arise out of WGNs forum contacts, specifically its attempt to raid Neriums

salesforce, which is headquartered in Addison, Texas. Exercising personal jurisdiction comports

with traditional notions of fair play and substantial justice. Jurisdiction is also proper under the

PLAINTIFFS ORIGINAL PETITION, APPLICATION FOR TEMPORARY RESTRAINING ORDER AND TEMPORARY
AND PERMANENT INJUNCTION, AND EMERGENCY APPLICATION FOR EXPEDITED DISCOVERY PAGE 3
Texas long-arm statute because WGN has, on information and belief, have committed torts in

whole or in part in Texas. TEX. CIV. PRAC. & REM. CODE 17.042(1).

13. Venue is proper because the Nguyens contractually agreed to venue in Dallas

County, Texas. In addition, a substantial part of the acts or omissions giving rise to Neriums

claims occurred in Dallas County, Texas. Because Neriums claims against WGN arise out of

the same transaction, occurrence, or series of transactions or occurrences as those against the

Nguyens, venue is also proper as to WGN. TEX. CIV. PRAC. & REM. CODE 15.005.

V. FACTUAL BACKGROUND1

A. Neriums Relationship-Based Sales Structure

14. Nerium is a direct-sales company (also called direct-marketing or multi-level

marketing) that sells anti-aging products through an independent sales force called Brand

Partners. (Branch Dec. at 3) Within the United States, Nerium currently sells four skin-care

products (Nerium Firm, Nerium AD Day and Night, and an eye serum) and an anti-aging

supplement (EHT). (Id.)

15. Neriums Brand Partners earn money by selling Neriums products, often through

social media and personal contacts, and by recruiting new Brand Partners to do the same. (Id. at

5) A Brand Partners personal recruits, and those peoples recruits, and so on, are called the

Brand Partners downline. (Id.) Brand Partners receive commissions both on their own sales

and on sales in their downline. (Id.) The upline is the person who recruited the Brand Partner,

and the people who recruited that person, and so on. (Id.) Nerium supports its Brand Partners by

providing a superior product, commissions and bonuses, training, corporate-level advertising,

1
The Petition and Application are verified by the sworn declarations of Adam Alavi, Sandra Davis, and Jeff Branch,
as set forth below, who swear to the statements of fact contained therein.

PLAINTIFFS ORIGINAL PETITION, APPLICATION FOR TEMPORARY RESTRAINING ORDER AND TEMPORARY
AND PERMANENT INJUNCTION, AND EMERGENCY APPLICATION FOR EXPEDITED DISCOVERY PAGE 4
back-office support, confidential information about customers and sales data, access to a highly

sophisticated sales structure, and various other benefits. (Id.)

16. Brand Partners establish relationships with customers and other Brand Partners,

which drive Neriums sales and growth in the marketplace. (Id. at 6) Not surprisingly,

recruiting and retaining salespeople is the key to any direct-sales company. (Id.) Because the

industry is fiercely competitive, other direct-sales companies will attempt to coax away

salespeople to work on their behalf. (Id.) When the recruitment activities of those salespeople

involves raiding their existing network of salespeople, it is referred to as cross-recruiting. And

because Neriums business is essentially a network of people, any such violations harm not only

Nerium, but also the network of other Brand Partners who generate income from their downlines.

B. The Nguyens Enroll as a Brand Partners and Agree to Important Covenants.

17. The Nguyens applied for a Brand Partner position by completing an online

enrollment application through Neriums website in December 2011. (Davis Dec. at 3, Ex. 1)

As part of their electronic enrollment process, a Brand Partner must enter an electronic signature

agreement, which includes Neriums policies and procedures and terms of agreement. (Branch

Dec. at 4). In addition, in May 2015, the Nguyens submitted a Business Entity Registration

Form to Nerium, in which they enrolled their entity Nguyen-ers, LLC, and once again agreed

that:

All individuals in the above-mentioned business agree to be bound by the Nerium

International Brand Partner Terms of Agreement and Policies and Procedures
Manual. I understand and agree that a violation by any of the officers, directors,
shareholders, managers, partners, and/or individuals for the above-mentioned
business shall be treated as a violation by the business itself. . . I hereby declare
that I have read the terms of the Application & Agreement and that I fully
understand and agree to abide by all said terms contained therein and that I am
duly authorized to execute this document.

(Davis Dec. at 3, Ex. 1)

PLAINTIFFS ORIGINAL PETITION, APPLICATION FOR TEMPORARY RESTRAINING ORDER AND TEMPORARY
AND PERMANENT INJUNCTION, AND EMERGENCY APPLICATION FOR EXPEDITED DISCOVERY PAGE 5
 18. The Nguyens agreed that by virtue of their Brand Partner position (and the many

related benefits), they would be granted access to Neriums confidential information and trade

secrets, and be provided with the opportunity to develop goodwill through customer and Brand

Partner relationships. (Id. at 3, Ex. 2, 11.06) They also agreed to important non-solicitation

and non-competition covenants, which provide in relevant part:

Non-Solicitation and Non-Competition. Brand Partner acknowledges and agrees

that the only way to protect the goodwill, confidential, proprietary and trade secret
information of Company and the integrity and stability of the sales force created
by other Brand Partners is to prohibit all Brand Partners from recruiting and
soliciting of other Brand Partners to other companies during the term of this
agreement and for a reasonable time thereafter. Consequently, in consideration for
all of the rights granted by this Agreement, including the protection this non-
solicitation provision affords to Brand Partner, for the term of this Agreement and
for two (2) years after termination hereof, for any reason, Brand Partner agrees
not to, directly or indirectly, recruit or solicit any of Companys other Brand
Partners to join other direct sales, multi-level or network marketing companies.

For the term of this Agreement and for two (2) years after termination hereof, for
any reason, Brand Partner agrees not to sell any product that is the same or similar
to or competes with the products of Company within the United States of America
or any other country where Company sells its products.

Brand Partner agrees not to solicit, directly or indirectly, Companys Brand

Partners to purchase services or products, except those of Company, throughout
the term of this Agreement.

(Id. at 3, Ex. 1, 11.06)

19. These provisions do not unreasonably restrict the ability of Brand Partners to earn

a living or generate income through other sales efforts. The recruiting restrictions are limited to

protecting Neriums salesforce.

C. The Nguyens Exploit Neriums Sales Structure and Breaches the Agreement by Cross-
Selling and Cross-Recruiting for a Competitor.

20. Despite these plainly reasonable prohibitions against Brand Partners selling or

promoting competing products and services, the Nguyens are doing exactly that. In late

September 2016, Nerium began receiving reports that the Nguyens were cross-marketing and

PLAINTIFFS ORIGINAL PETITION, APPLICATION FOR TEMPORARY RESTRAINING ORDER AND TEMPORARY
AND PERMANENT INJUNCTION, AND EMERGENCY APPLICATION FOR EXPEDITED DISCOVERY PAGE 6
cross-recruiting for a company called the World Global Network. (Davis Dec. at 4) According

to WGNs website, it is a direct-sales company that distributes (among other things) wearable

technology and products meant to improve the customers health and lifestyle. (Id.) While the

full extent of WGNs product line and activities is not yet known to Nerium, WGN clearly

competes with Neriums direct-sales structure and business model. (Id.)

21. The Nguyens can hardly dispute their prohibited activities because they are

numerous, blatant, and documented. Neriums Application is supported by the Declaration of

Adam Alavi, a one-star National Marketing Director and one of the people the Nguyens

attempted to recruit. On September 23, 2016, Toan Nguyen called Alavi to discuss a new

business opportunity. (Alavi Dec. at 4). Before he would discuss any details, Toan insisted that

Alavi send him an email effectively saying I am the one initiating this request for information

about this business. (Id.). Alavi found that completely bizarre, and immediately knew Toan

was pitching him on a competing direct-sales business while attempting to cover his tracks.

(Alavi Dec. at 4).

22. Over the next few days, Toan started sharing information about the new company

he and his wife Van had joined called the World Global Network. (Alavi Dec. at 5). The crux

of the Nguyens recruitment pitch was alarmingly blunt: Toan told Alavi, essentially, Im just

contacting you and offering you a position because two of your National Marketing Directors, a

one-star and a two-star, have already filled out applications with WGN, and I dont want you to

lose your Nerium business. (Alavi Dec. at 5). Coupled with those scare tactics, the Nguyens

claimed they had already poached twelve Nerium National Marketing directors. (Alavi Dec. at

6). The Nguyens specifically said that some of them were leveraging information from Neriums

PLAINTIFFS ORIGINAL PETITION, APPLICATION FOR TEMPORARY RESTRAINING ORDER AND TEMPORARY
AND PERMANENT INJUNCTION, AND EMERGENCY APPLICATION FOR EXPEDITED DISCOVERY PAGE 7
Back Office (the online portal through which Neriums Brand Partners access detailed

information about salespeople, customers, and training) for WGN. (Alavi Dec. at 4).

23. As these violations were ongoing, Neriums corporate office began receiving

numerous reports from throughout its sales network about the Nguyens cross-recruiting for

WGN. (Davis Dec. at 4). On Friday, September 29, 2016, Neriums outside counsel sent the

Nguyens a cease-and-desist letter requesting immediate assurances that they would abide by their

non-competition and non-solicitation covenants with Nerium. (Davis Dec. at 5, Ex. 3). The

Nguyens sent Neriums top leadership an email early the next morning:

After speaking with Steve Lee for over 2 hours, we decided to stay with Nerium,
build it part time, while focusing on our Airbnb businesses to increase our
income.

Also, I must mentioned, We have not signed up as a distributor to any company

and also have never enrolled a single Nerium BP to any lineage outside of
Nerium's to this very day.

May I also say, most people during winter seasons in their lives, tend to look
around and even meet amongst peers to talk about many ways to make money
while supporting the pressure of growing our Nerium business. We have done
Uber, Airbnb, and even sold streaming boxes that Dale introduced us to. This
subject seems to be very popular during winter times in most people's businesses.
We wasn't sure if we would get in trouble so we emailed you our feelings of
leaving due to our fear without m realizing we probably didn't do anything wrong.
Let's face it we all tend to look at other things when we lose a little faith in our
business or relationships. But luckily we had Steve help us refocus and we are
sorry we were stupid. -Toan Nguyen

(Davis Dec. at 5, Ex. 3). This was, of course, a lie.

24. Just a few hours later, Toan called Alavi again. (Alavi Dec. at 9). He

mentioned receiving the cease-and-desist letter, said he was scared of litigation with Nerium, and

so he had just sent an apology email to the company hoping it would smooth things over. (Alavi

Dec. at 9). But Toan admitted the email was a ruse. (Alavi Dec. at 9). He said its real

purpose was to discourage Nerium from filing a lawsuit by pretending the Nguyens were

PLAINTIFFS ORIGINAL PETITION, APPLICATION FOR TEMPORARY RESTRAINING ORDER AND TEMPORARY
AND PERMANENT INJUNCTION, AND EMERGENCY APPLICATION FOR EXPEDITED DISCOVERY PAGE 8
returning to the company and complying with their agreements. (Alavi Dec. at 9). In reality,

the Nguyens would secretly set up the WGN business under one of their names or a relative, and

continue secretly recruiting Neriums salespeople. (Alavi Dec. at 9).

25. The next day, Toan called Alavi and seemed especially excited. (Alavi Dec. at

10). According to Toan, they no longer needed to cover their tracks or smooth things over with

Nerium because WGNs Chief Executive Officer had personally promised that WGN would pay

for their bills and expenses in any lawsuit with Nerium. (Alavi Dec. at 11). With that

assurance, their new plan was for full-bore recruitment of Neriums salespeople, which centers

around an all-expense-paid trip hosted by WGN for thirty people at its Miami headquarters this

weekend. (Alavi Dec. at 10). When Alavi asked whether he knew any of the people going,

Van Nguyen responded you know all of themfrom Nerium. (Alavi Dec. at 11).

VI. CAUSE OF ACTION FOR BREACH OF CONTRACT

(As to the Nguyens and Nguyen-ers, LLC)

26. Nerium incorporates herein by reference all of the allegations set forth in the

preceding paragraphs.

27. Nerium entered an enforceable contract with the Nguyens and Nguyen-ers, LLC

that contains covenants relating to their competitive activities. The Nguyens and Nguyen-ers,

LLC received valuable consideration for the execution of the contract, and the contract is valid

and enforceable.

28. Nerium has fully performed its obligations under the contract.

29. The Nguyens and Nguyen-ers, LLC have breached one or more of the covenants

in the contract by marketing and selling another direct-sales companys products, WGN,

(including selling to other Nerium Brand Partners) and recruiting Neriums Brand Partners to

become sales representatives for WGN.

PLAINTIFFS ORIGINAL PETITION, APPLICATION FOR TEMPORARY RESTRAINING ORDER AND TEMPORARY
AND PERMANENT INJUNCTION, AND EMERGENCY APPLICATION FOR EXPEDITED DISCOVERY PAGE 9
 30. As a result, Nerium has been damaged in an amount within this Courts

jurisdictional limits and will be imminently and irreparably harmed if the Nguyens and Nguyen-

ers, LLC are not enjoined from further breaches of the contract.

VII. TORTIOUS INTERFERENCE WITH CONTRACT

(As to World Global Network)

31. Nerium incorporates herein by reference all of the allegations set forth in the

preceding paragraphs.

32. There is a valid, enforceable, contract between Nerium and the Nguyens, and

Nerium and its other Brand Partners. WGN was aware of these contractual obligations, yet

intentionally, maliciously, and willfully chose to induce breaches of these contractual obligations

for its own pecuniary benefit. Indeed, WGN has agreed to indemnify Nerium Brand Partners for

any liability they may have.

33. As a result of WGNs actions, Nerium has been damaged in an amount in excess

of the jurisdictional limits of this Court.

VIII. REQUEST FOR INJUNCTIVE RELIEF

34. Nerium incorporates herein by reference all of the allegations set forth in the

preceding paragraphs.

35. Neriums request for injunctive relief is verified by the attached Declarations of

Jeff Branch and Adam Alavi, which are attached hereto as Exhibits A and B incorporated herein

by reference.

36. As set forth in more detail above, there is no question the Nguyensdirectly

aided, encouraged, and induced by WGNbreached their obligation to refrain from competing

with Nerium by using Neriums confidential and proprietary information, trade secrets, and

goodwill to solicit Brand Partners to become sales representatives of WGN and by marketing and

PLAINTIFFS ORIGINAL PETITION, APPLICATION FOR TEMPORARY RESTRAINING ORDER AND TEMPORARY
AND PERMANENT INJUNCTION, AND EMERGENCY APPLICATION FOR EXPEDITED DISCOVERY PAGE 10
selling WGN products. Nerium has therefore established, at the very least, a probable right to

the relief it seeks upon final hearing.

37. If Defendants are not immediately restrained from continuing to violate, and from

assisting and encouraging other Nerium Brand Partners in violating, their contractual obligations

by marketing and selling the WGN product and recruiting Neriums Brand Partners to become

sales representatives for that company, Nerium will suffer immediate and irreparable injury as a

result of Defendants continued wrongdoing because Neriums goodwill and confidential and

proprietary information will be compromised. Worse, this information is being used to Neriums

detriment and to directly benefit a competitor. The impact of Defendants wrongful use would

be difficult or impossible to fully discover and assess.

38. Without the Courts intervention, Nerium will suffer imminent, irreparable harm

for which there is no adequate remedy at law. Maintaining a motivated and dedicated salesforce

is the lifeblood of Neriums business. If Defendants succeed in pillaging a portion of Neriums

network of Brand Partners, Nerium may be unable to recover those critical relationships. And

given the structure of Neriums business, the harm Defendants are causing has a ripple-effect and

infects not only individual Brand Partners, but also their respective networks of associated Brand

Partners and customers.

39. The full extent of Neriums damages, which will continue to occur if Defendants

conduct is unabated, including lost profits, loss of reputation, and loss of goodwill, are

difficultif not impossibleto assess fully. It is vitally important that this wrongful conduct be

stopped and Defendants be prohibited from further wrongdoing. In particular, this harm comes

as no surprise to the Nguyens, who expressly agreed in the Policies and Procedures that violating

the non-solicitation provision would cause Nerium irreparable injury for which there is no

PLAINTIFFS ORIGINAL PETITION, APPLICATION FOR TEMPORARY RESTRAINING ORDER AND TEMPORARY
AND PERMANENT INJUNCTION, AND EMERGENCY APPLICATION FOR EXPEDITED DISCOVERY PAGE 11
adequate remedy at law and hereby agrees to the entry of an ex[]parte temporary restraining

order . . . (Branch Dec. at 5, Ex. 1, 11.09) The only adequate, effective, and complete relief

for Nerium is to restrain Defendants from further engaging in certain proscribed activities, as set

forth below.

40. No bond should be necessary for the issuance of the requested restraining order

because Nerium is merely seeking to enjoin the Defendants from actions that are clearly

prohibited under the Nguyens contract with Nerium and under statutory and common law.

Nerium is, however, willing to post a bond if the Court deems it necessary and appropriate.

41. For all these reasons, pursuant to Texas Rule of Civil Procedure 680 et seq. and

Texas Civil Practice and Remedies Code 65.001 et seq., and to preserve the status quo during

the pendency of this action, Nerium respectfully requests a temporary restraining order, and on

hearing, a temporary and permanent injunction, ordering and immediately restraining

Defendants, including their agents, representatives, and all other persons in active concert or

participation with them who receive actual notice of the order by personal service or otherwise

(collectively, the Restrained Parties) on the following terms:

1. Defendants are prohibited from directly or indirectly recruiting or soliciting

any of Neriums Brand Partners to join any other direct-sales, multi-level
marketing, or network-marketing company, including but not limited to the
World Global Network;

2. Defendant World Global Network is prohibited from offering or agreeing to

indemnify any of Neriums Brand Partners for any claim for breach of their
Brand Partner agreements;

3. Defendant World Global Network is prohibited from inducing or

participating in any further breaches of the agreements between Nerium and
its Brand Partners;

4. Defendants are ordered not to proceed with the recruitment meeting

scheduled for the weekend of October 8, 2016 involving Nerium Brand
Partners and the Defendants until further notice; and

PLAINTIFFS ORIGINAL PETITION, APPLICATION FOR TEMPORARY RESTRAINING ORDER AND TEMPORARY
AND PERMANENT INJUNCTION, AND EMERGENCY APPLICATION FOR EXPEDITED DISCOVERY PAGE 12
 5. Defendants are prohibited from enrolling any Nerium Brand Partners who
the Nguyens have, directly or indirectly, recruiting or sponsored.

IX. EMERGENCY MOTION FOR EXPEDITED DISCOVERY

42. To establish the full extent of Defendants wrongful conduct and to help ensure

Nerium may seek a temporary injunction that fully addresses such conduct, it will be necessary

for Nerium to obtain discovery before the hearing on Neriums request for a temporary

injunction. Because the temporary injunction hearing will be set, at least as an initial matter,

within fourteen (14) days from the Courts entry of any temporary restraining order, an

emergency exists necessitating expedited discovery in this case.

43. Therefore, Nerium requests, for good cause shown, that the Court require: (i) that

Defendants serve responses to Neriums written discovery, including the production of

responsive documents, within five calendar days of service or actual notice (including weekends)

in such a manner that they are received by Neriums counsel on the same day; and (ii) that

depositions may be scheduled within five calendar days notice to the deponent and opposing

party.

X. NERIUMS ARBITRATION RIGHTS PRESERVED

44. The agreement between the Nguyens and Nguyen-ers, LLC and Nerium includes

an arbitration provision. The arbitration provision expressly provides [n]othing in this rule shall

prevent the Company from applying to and obtaining from any court any injunctive relief to

protect the companys rights. (Branch Dec. at 6, Ex. 1, 11.09) Nerium fully reserves and

does not waive herein the terms of its arbitration agreement or its right to proceed with

arbitration for damages against the Nguyens.

PLAINTIFFS ORIGINAL PETITION, APPLICATION FOR TEMPORARY RESTRAINING ORDER AND TEMPORARY
AND PERMANENT INJUNCTION, AND EMERGENCY APPLICATION FOR EXPEDITED DISCOVERY PAGE 13
 XI. ATTORNEYS FEES

45. Pursuant to Chapter 38 of the Texas Civil Practice and Remedies Code and the

relevant agreements, Nerium is entitled to and hereby requests its attorneys fees.

XII. CONCLUSION & PRAYER

For these reasons, Nerium respectfully requests that Defendants be cited to appear and

answer herein, and that: (i) without waiving its right to arbitrate, Nerium be awarded temporary

and permanent injunctive relief to prevent irreparable injury and its attorneys fees; (ii) that

Nerium be granted expedited discovery; (iii) actual and punitive damages and pre- and post-

judgment interest against World Global Network; and (iv) for such other and further relief to

which Nerium may be justly entitled.

Respectfully submitted,

/s/ Monica Latin

Monica Latin
Bar No. 00787881
mlatin@ccsb.com
Parker Graham
Bar No. 24087612
pgraham@ccsb.com
CARRINGTON, COLEMAN, SLOMAN
& BLUMENTHAL, L.L.P.
901 Main Street, Suite 5500
Dallas, Texas 75202
Phone: (214) 855-3000
Fax: (214) 855-1333

Attorneys for Plaintiff Nerium International, LLC

PLAINTIFFS ORIGINAL PETITION, APPLICATION FOR TEMPORARY RESTRAINING ORDER AND TEMPORARY
AND PERMANENT INJUNCTION, AND EMERGENCY APPLICATION FOR EXPEDITED DISCOVERY PAGE 14