Kolby Listenbee's lawsuit against TCU and TCU's lawsuit against Listenbee are already costing the school money one way or another.
So far, the $1 million suit and TCU's separate suit are piling up attorney fees.
The Fort Worth law firm McDonald Sanders, which is representing TCU, did $30,000 worth of work to fight a motion of dismissal brought by Listenbee's attorney, which was originally filed in March. The firm, however, is looking to be compensated for the fees and wants Listenbee's lawyer to pay for it.
According to court documents obtained by the Star-Telegram, McDonald Sanders is requesting that Listenbee's lawyers pay the $29,891.25 in legal fees after a judge denied Cooper's motion to dismiss TCU's lawsuit for declaratory relief.
The court denied the dismissal on May 22.
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Attorney George C. Haratsis states in the document that none of the fees incurred by McDonald Sanders would have occurred if Listenbee's attorneys had not filed the motion for dismissal.
TCU's lawsuit was filed against Listenbee in Tarrant County a day before Listenbee's lawsuit was filed in Dallas County in late January. TCU's lawsuit argues that the school should be removed from Listenbee's lawsuit because the two doctors in the suit, Dr. Michele Kirk and Dr. Jason Mogonye, were independent contractors under a health services contract as physicians for TCU's athletes.
Listenbee's attorney is trying to get TCU's lawsuit dismissed but the court, so far, has ruled it will proceed.
"I emphasized several reasons why a Rule 91a motion to dismiss should not be filed," Haratsis said of a March 23 letter sent to Cooper. "Nevertheless, Listenbee's attorneys made a purposeful and voluntary decision to pursue the motion knowing full well that if they did not prevail on the motion, attorney's fees and costs incurred by TCU must be awarded by the court."
Haratsis estimates $85,000 in more fees if Listenbee's attorneys file an appeal and it snakes its way all the way through the Supreme Court of Texas.
These events only have a tangential relationship to Listenbee's original lawsuit, which alleges a pattern of abuse and harassment by TCU coach Gary Patterson, several assistant coaches, former athletic director Chris Del Conte and the Big 12 Conference.