BARRY N. JOHNSON, ESQ.

(6255)
RYAN B. BRAITHWAITE, ESQ. (8817)
BENNETT TUELLER JOHNSON & DEERE
3165 East Millrock Drive, Suite 500
Salt Lake City, Utah 84121-4704
Telephone: (801) 438-2000
bjohnson@btjd.com
rbraithwaite@btjd.com

TRAVIS KOCH, ESQ.

(Pro Hac Vice Pending)
OVERSTREET HOMAR & KUKER
508 East Eighteenth Street
Cheyenne, Wyoming 82001
Telephone: (307) 274-4444
travis@kukerlaw.com

CLAYTON E. BAILEY, ESQ.

(Pro Hac Vice Pending)
BENJAMIN L. STEWART, ESQ.
(Pro Hac Vice Pending)
BAILEY BRAUER PLLC
8350 N. Central Expressway, Suite 650
Dallas, Texas 75206
Telephone: (214) 360-7433
cbailey@baileybrauer.com
bstewart@baileybrauer.com

IN THE THIRD JUDICIAL DISTRICT COURT

SALT LAKE COUNTY, STATE OF UTAH

MIKE PETKE, COMPLAINT AND

Plaintiff, JURY DEMAND

vs. [Tier 3]

UTAH SOCCER, LLC, d/b/a REAL SALT Civil No. 190907265

LAKE, a Utah limited liability company,
Judge Patrick Corum
Defendant.

Complaint - Page 1
 Plaintiff Mike Petke, by and through his counsel of record, hereby complains against

Defendant Utah Soccer, LLC, d/b/a Real Salt Lake, a Utah limited liability company (“RSL”) as

alleged below:

PRELIMINARY STATEMENT AND INTRODUCTION

1. This is a case about a professional soccer club and its owner not keeping their

binding promises to a coach after the owner was caught on videotape improperly talking to

strangers about the coach’s employment status while the coach was suspended and barred from

speaking publicly about his punishment imposed by the league and team. Upon recognizing the

impropriety of his conversation, the owner had the team use its overwhelming power to engage

in high-pressure tactics calculated to coerce the coach into publicly resigning so that the owner’s

embarrassing and improper conduct could be swept under the rug. Despite the team’s and

owner’s outrageous, intentional, and reckless conduct, the coach did not relent and agree to

resign because he had previously signed a binding amendment to his employment contract with

the team, which expressly provided that the coach would return to his position upon the

expiration of his suspension. Consequently, the owner had the team immediately fire the coach

and inflict additional, unwarranted economic damages on the coach and his family by refusing to

pay the remaining salary the team owed the coach under a three-year contract. The owner also

directed the team to execute a publicity campaign designed to damage the coach’s reputation and

detrimentally impact the coach’s future job prospects in professional soccer.

2. Here, Mike Petke (“Petke”) is the coach. RSL is the professional soccer club. And

Dell Loy Hansen (“Hansen”) is the owner.

Complaint - Page 2
 3. Petke’s contract was terminated at the end of a two-week unpaid suspension

stemming from his interaction with a referee following a Leagues Cup match in July 2019. The

unpaid suspension was in addition to other fines and sanctions levied by Major League Soccer

(“MLS”) and RSL against Petke, all of which were outlined in a written contract amendment

signed by Petke and RSL after the incident at the Leagues Cup match.

4. Although the agreement expressly stipulates that future infractions could result in

Petke’s immediate dismissal for cause, RSL removed Petke as head coach the day before his

two-week suspension without pay concluded. After brazenly breaching the agreement, RSL

rubbed salt in the wound by issuing an inflammatory press release the evening RSL fired Petke.

The next day, Hansen provided a TV interview where he painted Petke as lacking certain morals

and values, and claiming he was unfit as a person and as a professional.

5. Petke files this complaint against RSL because, among other things, RSL refuses to

pay Petke the balance due on the remainder of his three-year contract with RSL. Instead, RSL

dictated that Petke either resign and receive $75,000.00 (approximately 11% of what Petke is

owed) or be immediately dismissed without any compensation.

6. Because of RSL’s conduct, Petke alleges seven causes of action: (1) breach of

contract; (2) violation of the duty of good faith and fair dealing; (3) promissory estoppel;

(4) quantum meruit/unjust enrichment; (5) intentional infliction of emotional distress;

(6) defamation; and (7) false light.

7. In addition to seeking the remaining approximately $687,500.00 that RSL is

contractually obligated to pay him, Petke seeks all other damages to which he is entitled under

Utah law, as well as exemplary damages, attorney fees, costs, prejudgment and post-judgment

interest, and all such other relief to which he may be entitled both at law and equity.

Complaint - Page 3
 PARTIES

8. Petke is an individual who resided at all relevant times in the State of Utah.

9. RSL is a Utah limited liability company. RSL’s principal place of business is

located at 9256 S. State Street, Sandy, Utah 84070. RSL’s registered agent may be served with

process at c/o Joe Saxton, 595 S. Riverwoods Parkway, Suite 400, Logan, Utah 84321.

JURISDICTION AND VENUE

10. Jurisdiction is proper in this Court under Utah Code § 78A-5-102, because this

action involves civil matters not excepted in the Utah Constitution and not prohibited by law.

11. Venue is proper in this Court pursuant to Utah Code sections §§ 78B-3-304 and

78B-3-307.

12. This case falls within Tier 3 of Rule 26(c)(3) of the Utah Rules of Civil Procedure.

GENERAL ALLEGATIONS

A. Mike Petke’s experience as a player and coach.

13. Petke is a former professional soccer player who played approximately 13 seasons

for four different MLS teams. As a gritty, hard-nosed player on the back line of defense, Petke

played on teams that won the MLS Cup (the championship for MLS teams), reached the

conference finals, and played in the playoffs.

14. As a tough, grinding player who was durable, Petke could be counted on to leave

everything on the field as he played on the back line of defense striving to prevent opposing

teams from scoring goals. Because of his reliability and passion, Petke was a fan favorite and a

valued teammate.

15. As much as Petke was a fiery competitor on the pitch (a/k/a the soccer field), he was

also known for his daring outspokenness, particularly when he believed his teammates had been

Complaint - Page 4
wronged. For instance, on August 20, 2000, four days after Petke’s teammate suffered broken

ribs after a violent incident during a match in which the MLS failed to penalize the player

causing the injury, Petke scored a goal and unveiled a T-shirt that said “August 16: Crime of the

Century” on the front and “Revenge is Coming” on the back. Petke’s conduct endeared him to

his teammates and fans.

16. After retiring as a professional soccer player, the MLS’s New York Red Bulls

professional soccer team hired Petke to perform various duties, which eventually resulted in

Petke becoming the club’s head coach before the opening of the 2013 MLS season. That year,

Petke successfully managed the Red Bulls to their first major trophy by clinching the Supporters’

Shield, which is an annual award given to the MLS team with the best regular season record as

determined by the MLS points system.

17. The following year, Petke coached the Red Bulls to the playoffs and advanced to the

Eastern Conference Finals, where the team lost to the New England Revolution.

18. Despite guiding the Red Bulls through two successful seasons, the club released

Petke from his responsibilities as part of an overall shake-up of the organization and team

philosophy. Petke’s release was strongly denounced by Red Bulls’ fans. In fact, the fans

displayed their displeasure on a digital billboard located adjacent to a major highway.

19. Throughout his tenure as coach of the Red Bulls, Petke guided his team with the

same fiery passion he demonstrated as a player.

Complaint - Page 5
B. RSL hires Petke as the club’s head coach.

20. On December 22, 2016, Petke was hired by the Real Monarchs, which is a reserve

team serving as a bridge between RSL’s academy program and the first-level parent RSL team.

Petke signed a one-year contract (with club options for 2018 and 2019) to serve as head coach of

the Real Monarchs.

21. Less than four months later, RSL promoted Petke to head coach of RSL after the

club sacked Jeff Cassar as its head coach three games into the 2017 MLS season. After the

promotion, Petke signed a new two-year contract with RSL, which included a club option for the

2019 MLS season.

1. RSL knew what it was getting in Petke: a fiery, passionate coach protective of
his players and club.

22. When RSL hired Petke as its new head coach, RSL was well-aware of Petke’s fiery

disposition and passion. In fact, when RSL announced Petke’s hiring to serve at the helm of the

team, RSL’s official website posted a story titled, “Beyond: The Stories Behind Mike Petke’s

Passion.” The first two sentences of the introductory paragraph of the article state, “Mike Petke

is very passionate about soccer. To the point that early in his coaching career, he referred to

himself as ‘a little psychotic.’” Additionally, in the article’s last section titled “A New Passion,”

Petke is quoted as follows:

‘I’m not fooling anybody. I’m not kissing the scarf, because that would be
fake. I respect, 100%, this club and I have for years. Now being
immersed in it, I have a newfound respect,’ he said. ‘What I want is to see
from the players who have been here, from the staff and from the upper
management to show me that passion so I can buy into that. They’ve done
a hell of a job so far. I love this club already. I’m going to do everything
I can for this club. But a true 100% passion is going to come and I look
forward to when it does.’

Complaint - Page 6
 23. Petke coached RSL with fire and passion after being named head coach, and the

team responded by going on a successful late season run against opposing teams.

24. Petke also spoke out when he believed his players and the club were not being

treated fairly. For instance, in a July 2017 match between RSL and its rival Sporting Kansas

City, Petke was ejected after complaining to the referee. In a well-publicized postgame

interview, Petke asked RSL’s Trey Fitz-Gerald to distribute color printouts of blown-up still

frames showing the referees’ failure to call a blatant foul committed by a Sporting Kansas City

player who put a RSL player in a headlock while trying to prevent a breakaway goal that would

have resulted in RSL winning the match. Petke also stated that RSL’s players were frequently

targeted by bigger-name clubs without penalty because RSL is a small market team with a lower-

than-average payroll. 1

25. Afterward, MLS fined Petke $3,000.00 for his impassioned postgame comments.

26. Petke’s outspokenness in support of protecting his players and the club engendered

fan support. And at least one RSL executive told Petke that his conduct benefitted the team in

many respects, including bolstering its presence and follower count on social media. Moreover,

Hansen was pleased with Petke because Hansen had never had a coach who exhibited the

passion Petke had for the team.

27. Although RSL went on a successful late season run against its opponents, the club

finished one-point shy of making the playoffs in 2017.

1
RSL is among the lower half of spenders on player salaries in MLS. For instance, for the 2018 MLS season,
RSL’s entire team payroll matched Toronto FC’s top two earners—Sebastian Giovinco and Michael Bradley. In
2019, LA Galaxy’s Zlatan Ibrahimovic will make $7.2 million, nearly two-thirds of RSL’s entire payroll.

Complaint - Page 7
 2. Weeks after MLS fines Petke, RSL rewards him for his fiery passion with a
new three-year deal.

28. On September 30, 2017, just weeks after MLS issued its $3,000 fine, RSL entered

into a new contract with Petke that would have him serve as the head coach during the 2018-

2020 MLS seasons (“2017 Contract”). Hansen rewarded Petke with the 2017 Contract even

though Petke was willing to honor the original contract he signed with RSL.

29. The 2017 Contract was prepared by RSL 2 and presented to Petke.

30. Under the 2017 Contract, the “Total Guaranteed Compensation Value” is

$1,512,880.00, which includes a salary of $400,000.00 for 2018, $450,000.00 for 2019, and

$500,000.00 for 2020. RSL agreed that Petke would receive his yearly salary “in twenty-four

(24) installments according to the Club’s regular pay schedule.”

31. Under Section 1.04 of the 2017 Contract, MLS retained jurisdiction to “impose

sanctions and other disciplinary measures, including, without limitation, suspending [Petke]

(with or without pay) and imposing fines for violations” of the 2017 Contract “or for actions

(including on-field actions) that” either the MLS Commissioner or RSL, “in their absolute

discretion, determines to be contrary to the best interests” of MLS or RSL. Further, Petke

“expressly acknowledge[d] and agree[d] that he shall be subject to discipline by the” League,

“including, without limitation, fines, suspension (with or without pay) or termination of” the

2017 Contract for certain conduct including, but not limited to, “mak[ing] a statement or

engag[ing] in conduct that is prejudicial to the interests of the League or engag[ing] in a course

of deliberate insubordination or a single egregious act of insubordination.” (Emphasis added).

2
Unlike Petke, who was not represented by legal counsel, RSL has in-house legal counsel—i.e., General Counsel
Lindsay Barenz, Esq.

Complaint - Page 8
 32. Further, Section 3.01 of the 2017 Contract states that RSL may terminate the

agreement in the event of certain occurrences. For purposes relevant here, Section 3.01(F) of the

2017 Contract allows RSL to fire Petke for his “commission of any action or involvement in any

occurrence that brings Club or Employee into public disrepute, scandal or ridicule, or reflects in

a materially adverse manner on the integrity or reputation of the Club or the Owner, including,

without limitation, dishonest, fraudulent, unethical or inappropriate conduct.”

33. Section 3.01(K) of the 2017 Contract allows RSL to terminate the 2017 Contract

“for any reason other than” those expressly identified elsewhere in Section 3.01. Importantly, if

RSL terminated Petke’s employment under Section 3.01(K), RSL is obligated to pay Petke

(1) “any portion” of his compensation that he has earned, but remains unpaid on the date of

termination and (2) Petke’s “remaining base Compensation” “through the end of the then

existing term” with the exception of certain “unearned bonuses, car stipends, per diem or unfiled

reimbursements.” For purposes of clarity, Section 3.02(B) of the 2017 Contract includes the

following example:

[I]f [Petke’s] employment is terminated pursuant to Section

3.01(k) [sic] on July 31, 2018, the Club would owe [Petke] any
earned but unpaid Compensation, bonuses, car stipend, per diem
and filed reimbursements up to the July 31, 2018 termination date
and Club would also owe [Petke] unearned base salary from July
31, 2018 through the end of the Term [i.e., December 31, 2020].

34. In addition, Petke and RSL expressly agreed in Section 7.09 that the 2017 Contract

“may be amended at any time upon mutual agreement of the parties hereto, which

amendments must be reduced to writing and signed by both parties in order to become

effective.” (Emphasis added).

35. The 2017 Contract was signed by Petke and Hansen as RSL’s President.

Complaint - Page 9
 3. Petke performs under the 2017 Contract.

36. After signing the 2017 Contract, Petke coached RSL through the 2018 MLS season.

As before, Petke guided the team with a fiery passion. He continued to be vocal and

demonstrative on the field. Petke’s approach to managing RSL was approvingly endorsed by the

club, the fan base, and even the media. In fact, the Salt Lake Tribune published an article on

May 25, 2019 titled “Monson: ‘What the hell’s wrong with Mike Petke?’ Nothing. Nothing at

all.”

37. Petke’s method of coaching in 2018 remained consistent with his earlier

performance. He was ejected from a game, and MLS fined him $10,000.00 and imposed a one-

game suspension for challenging referees for their failure to call fouls on opposing players who

Petke believed targeted his players for harm.

38. Additionally, because RSL used the club’s official Twitter handle to endorse and

amplify Petke’s comments about officials—thereby demonstrating its support of Petke’s

statements and behavior—MLS imposed a $10,000.00 fine against RSL for its social media

posts.

39. In response, Hansen announced that he would pay Petke’s fine (although Hansen’s

promise was apparently designed to endear him to fans and not because he meant it because

Hansen did not, in fact, pay Petke’s fine). And RSL’s fans expressed their appreciation for

Petke’s passion and outspokenness by printing t-shirts that included the catch-phrase/quote that

led to Petke’s suspension and fine imposed by MLS.

40. In 2019, Petke again coached the team with the same fire, grit, and determination as

in previous campaigns. By July 2019, the team was positioned for play-off contention.

Complaint - Page 10
C. The July 24, 2019 RSL v. Tigres match: A cat, disruption of play, an attempt to
protect RSL players, and an incident, which has been misconstrued by some and
later manipulated by RSL for its selfish interests and to the detriment of Petke.

41. RSL’s 2019 MLS schedule included a match at home against a Mexico-based

powerhouse professional soccer team—Tigres UANL (“Tigres”)—slated for Wednesday, July

24, 2019. RSL’s match against Tigres was sandwiched between RSL’s games against MLS

opponents Minnesota United FC (Saturday, July 20th) and FC Dallas (Saturday, July 27th).

42. Tigres is the reigning champion in Mexico’s professional soccer league known as

Liga MX. RSL was scheduled to play Tigres as part of the inaugural Leagues Cup, which is an

annual soccer competition between clubs from MLS and Liga MX. The Leagues Cup’s debut

was in July 2019 with four MLS teams—including RSL—playing four Liga MX teams in a

single-elimination tournament.

43. Late on July 23, 2019, the evening before RSL’s match with Tigres, RSL received

notice of rule changes that would have a material impact on how the contest would be played.

These new rules concerned, among other things, goal kicks and free kicks and how the game

would be refereed. RSL’s untimely receipt of the rule changes prevented RSL from properly

training for the game against one of Mexico’s premier soccer teams.

44. The untimely notice of the rule changes led one senior executive of RSL late that

evening to send an email to Petke stating: “This thing is a joke, no one at mls [sic] will claim

ownership . . . .” In a subsequent email minutes later, the same RSL executive wrote: “You’re

probably right, i [sic] just have to throw my hands up some times [sic] and at this point I think

mls [sic] is buckling to [the] Mexican federation. Playing by rules not yet instituted in our

league is a bit wonky.”

Complaint - Page 11
 45. Despite mounting frustration and irritation arising from the untimely receipt of

material information that impeded the coaching staff’s ability to fully prepare, the match between

RSL and Tigres was hard fought. Although Tigres was leading 1-0 late in the game, RSL had

momentum going into the final minutes of the match. With approximately two minutes left in

stoppage time (additional time for play after the first 90 minutes of the game had expired), a cat

entered the pitch and ran between a Tigres player controlling the ball and a RSL defender.

Although the cat appeared to flick the ball as it ran by, the referee, John Pitti, failed to blow a

whistle and stop play.

46. Because there was no whistle to stop play, the Tigres player continued driving the

ball toward the goal and took a shot that missed the goal and went out of bounds. Instead of

giving the ball to RSL for a goal kick—standard procedure when the opposing team kicks the

ball out of play wide of the goal—the referee gave possession of the ball back to Tigres at the

spot where the cat entered the field, granting Tigres an unexplained second bite at the apple. The

referee’s decision resulted in at least one minute of delay, which should have resulted in

additional stoppage time. Instead of adding more time and giving RSL possession of the ball, the

referee blew the whistle and ended the game when the Tigres player kicked the ball to resume

Complaint - Page 12
play. By his actions, referee Pitti impacted the outcome of the game by denying RSL a possible

opportunity to tie the score given that RSL had built late-game momentum.

47. After the match, Petke calmly walked down the sideline and shook the hand of

Tigres’s head coach. At that time, Petke did not intend to approach and speak with the referees.

However, Petke noticed RSL players standing in front of Pitti and the other referees arguing.

Concerned that one or more of his players may receive a red card, Petke walked toward the RSL

players and told them to leave and not speak to the “moron” Pitti. At this point, Petke had said

nothing directly to Pitti. In response, Pitti raised a red card at Petke, meaning that Petke would

be possibly fined and prevented from coaching a future game. Given the grating frustration

arising from RSL’s untimely receipt of the rules the night before and Pitti’s missed calls, Petke

responded by using a Spanish word beginning with a “P,” which is commonly used by soccer

players and soccer fans alike to mean “coward” or “jerk.” In fact, the “P” word had been used

by fans and players on the field alike throughout the match. Petke also used the Spanish word

because Pitti is Panamanian and speaks Spanish, and Petke wanted the referee to understand he

was being called a coward for his actions, which made Petke feel as if RSL had been cheated.

48. Afterward, Petke left the field and entered the only tunnel leading from the pitch to

the players’ dressing room, coaches’ room, and the referees’ office. Upon entering his office,

Petke saw a piece of paper and a pen on his desk. He wrote the “P” word on the paper and then

walked out of his office toward the players’ dressing room. As he walked down the corridor,

Petke saw Pitti walking toward the referees’ office using the tunnel shared by the players,

coaches, and referees. Petke held-up the handwritten note so Pitti could read it.

Complaint - Page 13
D. After investigating the incident, MLS and RSL choose to suspend and fine Petke
rather than terminate the 2017 Contract for cause.

49. After RSL’s match with Tigres, some individuals alleged on social media that Petke

was homophobic because Petke angrily used the “P” word as an insult to the Panamanian

referee—a word that has multiple meanings in Spanish but is commonly used to suggest

someone is a coward, like shouting “chicken” in the United States. The individuals accusing

Petke of being homophobic conveniently ignore Petke’s strong belief in equal rights for all,

which has been publicly demonstrated over time. Indeed, after the June 2016 mass shootings at

Pulse, a gay nightclub in Orlando, Petke paid tribute to the victims, as shown below:

Petke has also shown his strong support for the LGBTQ community on his TV program—The

Mike Petke Coaches Show. One guest even felt so comfortable with Petke and his support of

LGBTQ rights that she used his show as the platform to publicly announce her sexual orientation

as a lesbian. Additionally, Petke has worn clothing supporting the LGBTQ community and is

known by those around him, ranging from childhood friends to RSL executives and players, as a

staunch supporter of LGBTQ individuals and certainly not homophobic.

Complaint - Page 14
 50. Because some individuals alleged Petke’s use of the Spanish “P” word was

homophobic, MLS investigated incident. MLS also suspended Petke from coaching the July 27,

2019 game against FC Dallas.

51. On Monday, July 29, 2019—five days after the incident during the Tigres match—

MLS Commissioner Don Garber and Hansen conferred by telephone about the incident. Petke

was notified by at least one RSL executive that MLS Commissioner Garber gave discretion to

Hansen to fire Petke.

52. Later that same day, Petke and his wife, Kim, were requested to meet with Hansen at

5:00 p.m. that evening.

53. But Hansen’s meeting with the Petkes never occurred.

54. Instead, RSL informed Petke that he would be punished as follows: (1) suspension

from all club activities, without pay, for two weeks; (2) mandatory anger management

counseling, with a therapist chosen by RSL; and (3) Petke must issue written apologies to MLS

Commissioner Garber, Todd Durbin, and the four referees who worked the RSL v. Tigres match.

E. RSL enters a new written and signed contract with Petke to remain as coach.

55. On the same day RSL chose not to terminate the 2017 Contract—i.e., July 29,

2019—RSL and Petke signed a written contract amending the 2017 Contract. The contract was

prepared solely by RSL executives and titled Violation of Club Policy (“July 2019 Contract”). A

true and correct copy of the July 2019 Contract is attached hereto as Exhibit A.

56. The July 2019 Contract, which expressly refers to the 2017 Contract, addresses

Petke’s conduct after the Tigres match and identifies with specificity the punishment imposed by

RSL upon Petke. But even more important, the July 2019 Contract states that Petke would not

Complaint - Page 15
be fired for his conduct and that RSL was giving him another opportunity. Specifically, the July

2019 Contract states, in relevant part, the following:

We hold everyone in our organization—particularly the

leadership—to the highest standards and expect them to treat
everyone with dignity and respect. We, as a Club, should have the
utmost respect for the referees, PRO, and Major League Soccer
and will be working with the League to ensure that everyone in our
organization treats all referees, players, coaches and fans with the
dignity, respect, civility and professionalism that is consistent with
our values going forward. Although we appreciate your passion
and drive to win, it should never come at the expense of those
values.

Any further violations of these policies will result in immediate

termination for cause under your employment contract.

Executed as to understanding and agreement of the above

sanctions and penalties[.]

(See Exhibit A) (emphasis added.) The July 2019 Contract is signed by Petke and Robert

Zarkos, RSL’s Executive Vice President of Soccer Operations. (Id.)

F. RSL knew it agreed to allow Petke to return to his job after his suspension
concluded and that Petke would not be fired for the incident after the Tigres match.

57. The following day, July 30, 2019, RSL announced the punishment levied against

Petke. Around the same time RSL issued its press release, RSL’s General Manager, Craig

Waibel, texted Kim Petke to tell her Petke should turn off his phone and go to Moab, Utah.

Below is Waibel’s text to Kim dated July 30, 2019 at 6:05 p.m.:

Complaint - Page 16
 58. Later the same day and after the press release had been issued, Kim happened upon

RSL owner Hansen and his fiancé at a local Target store while she was shopping for the trip to

Moab. While visiting, Hansen told Kim he had spoken with RSL’s sponsors and that it had been

“close with the sponsors, but everything was okay.” Hansen acted jubilant and said Petke should

“go have fun with the family.” In fact, Hansen offered the Petkes the use of his vacation home

located in Bear Lake, Utah during Petke’s suspension.

59. On Monday, August 5, 2019, RSL’s Waibel texted Kim to schedule a meeting with

Petke to discuss his agreed-upon return to the team scheduled for Monday, August 12, 2019.

Below is Waibel’s text to Kim dated August 5, 2019 at 4:54 p.m.:

Complaint - Page 17
 60. The following day, Tuesday, August 6, 2019, RSL’s Robert Zarkos texted Kim to

inform her that RSL’s Director of PR and Web Content, Matt Gaschk, would contact Petke to

prepare for his return to the team on Monday, August 12, 2019. Below is Zarkos’s text dated

August 6, 2019 at 4:55 p.m.:

Complaint - Page 18
 61. The July 2019 Contract, together with the totality of these communications and

admissions by RSL’s executives, show RSL agreed to allow Petke to return to his job after his

two-week unpaid suspension concluded and that Petke would not be fired unless he committed

another infraction in the future.

G. Hansen is caught on videotape speaking to fans about Petke and to avoid

embarrassment, RSL engages in calculated moves designed to harm Petke
financially, personally, and professionally.

62. As late as Wednesday, August 7, 2019, Petke and RSL’s Waibel and Zarkos were

working with Petke’s wife, Kim, to schedule a meeting with Petke to discuss his return to the

team the following Monday. Below is a text exchange between Kim and Waibel on Wednesday,

August 7, 2019 at 8:45 p.m.:

Complaint - Page 19
 63. However, as Kim, Waibel, and Zarkos worked to finalize scheduling a meeting the

next day, RSL’s owner Hansen was caught on videotape speaking with a few spectators at the

Utah Royals’ match against Sky Blue FC. During the conversation, Hansen stated he was

considering firing Petke. A transcript of the video shows a fan asking whether Hansen is going

to fire Petke and Hansen responds: “I’d like to say I might cry all the way, but we literally had a

meeting today here, the GMs and everyone, kind of reviewing that. Honestly, I’m talking

tomorrow to a few of our key sponsors, . . . (inaudible).”

64. In another response to a fan asking whether Petke would be granted another chance,

Hansen states:

Complaint - Page 20
 The commissioner and I have had many long, heartfelt
conversations. Part of my thing is that I’m not a quick reactor.
When something happens, I don’t feel like I’ve got to immediately
jump. I weigh everything, I talk to a lot of people, (…) We’ve
polled the millennials closely, the older fans—and it’s a deep split.
Millennials are almost 90 percent out, the older fans are almost 90
percent in. I’ve got two generations in this whole thing, so it’s an
interesting conversation. Our point is we’re weighing it, but at the
end, once it’s all in, it still comes down to our values.

65. Realizing his inappropriate conversation about Petke had been caught on tape,

Hansen began to scramble for cover. He called Petke’s cellphone and left a voice message.

Petke, under orders not to speak with RSL during his suspension, did not answer. Instead, Kim

texted RSL’s Waibel to notify him that Hansen called Petke. Kim also requested approval for

Petke to return Hansen’s call. Waibel responded with surprise and said he would ask why

Hansen was calling Petke. Below is the text chain between Kim and Waibel:

Complaint - Page 21
 1. Hansen’s conduct is immediately criticized by RSL’s executives.

66. As the image above shows, Waibel texted Kim back the following morning, August

8, 2019 and scheduled the meeting with Petke, Waibel, and Zarkos for 2 p.m. at a local

Starbucks.

67. At the agreed-upon time and place, Petke met with Waibel and Zarkos. Waibel and

Zarkos controlled the conversation and told Petke the following:

• Waibel and Zarkos woke up that morning and read Real Soapbox, a fan site, and

read an article about a videotape showing Hansen “talking to fans about your

[Petke] situation, potentially firing you after the game.”

• “When I woke up, and read it, he’s talking to fans like it’s almost a casual

conversation, like, ‘Oh, look at me! I’m the owner and I want to talk.’”

• Given Hansen’s statements, “I don’t know how he can go back. He’s on video.

He’s on video!”

• “He [Hansen] really put himself in a corner. I mean, I don’t know some bullsh#t,

I’m just preparing for the worst.”

• “I know, but once it’s public there’s no going back.”

• “He [Hansen] doesn’t give a f*ck about anything but himself. He’s spazing.”

• “He [Hansen] cares about him. He f*cked up because he ran his mouth to Don

[Garber] and you know, it’s all about him. It’s always about him.”

• “It was gross how quickly [Hansen] changed his tune. This is 100% about him.”

68. Because Hansen had publicly painted himself into a corner, Waibel and Zarkos

confirmed that Petke was going to be fired because of Hansen’s errors and that they disagreed

with Petke’s upcoming firing.

Complaint - Page 22
 69. During the conversation, Petke explained that he did not understand. Petke told both

RSL executives that “It’s just confusing to me that I signed something saying that this is my

punishment, ya know?” Petke also notified Waibel and Zarkos that a decision by RSL to

terminate his contract would detrimentally impact his career as a professional soccer coach. In

response, Waibel said, “I know.” Waibel also told Petke “you’re still a good person dude.

Those are f*cking b*stards.”

70. Waibel also confirmed that no one thinks Petke is a homophobe.

71. Both Waibel and Zarkos also told Petke that they were no longer going to put up

with Hansen’s conduct and that they had a plan to exit RSL after the season. Waibel then said,

“It’ll be at the end of the year, because I also don’t think Dell Loy [Hansen] should ever be

rewarded for who he is.”

2. RSL begins to circle the wagons to protect Hansen.

72. After the meeting at Starbucks, Petke and Waibel exchanged texts. The subject was

whether Petke would resign and accept $75,000.00 or be terminated, allegedly for cause, so that

RSL would not have to pay Petke the amounts he is owed under the 2017 Contract. Petke

inquired whether a call to Hansen would cause him to “reconsider,” and Waibel replied “He

[Hansen] won’t pick up. Refuses to be the bad guy.” 3

73. In a subsequent exchange of texts between Petke and Waibel, Petke thanked Waibel

“for everything,” including how they worked together through a tough year in 2018. In response,

Waibel wrote:

3
The Athletic posted an article citing “[o]ne source” that the option to resign in lieu of being fired “would’ve netted
the former manager a payout in the low six-figures.” See https://theathletic.com/1133214/2019/08/12/sources-why-
real-salt-lake-decided-to-fire-mike-petke-as-his-suspension-ended. The Athletic’s story is wrong. Petke has never
been offered more than $75,000.00—which is less than 11% of what he is owned under the 2017 Contract. The
alleged “source” clearly was not Petke, particularly since he has yet to speak to the press since he was suspended.
Rather, this false story planted by “[o]ne source” appears to be just another example, as demonstrated further below,
of RSL using the press to make misrepresentations to manipulate public sentiment.

Complaint - Page 23
 Thank you, I am exhausted, confused, emotionally spent, and
disappointed that this is the only thing that makes sense. I have
always known where the issues in this organization are born . . .
and I have never once believe[d] that anything last year was
created by you or I as individuals. This is [the toughest] work
environment in major league soccer without a doubt. 4

H. In breach of the 2017 Contract and July 2019 Contract, RSL uses high pressure
tactics to coerce Petke to resign so that Hansen can save face.

74. On the morning of Sunday, August 11, 2019—the day before Petke was

contractually entitled to return to work as coach of RSL—Zarkos texted to inquire whether Petke

would meet at 2 p.m. that day to sign papers resigning from the team. Petke responded by

notifying Zarkos that he was meeting with his lawyers. Later, it was agreed that a conference

call between the parties’ representatives and attorneys would occur at 7:00 p.m. that evening.

75. Afterward, Hansen texted Petke stating:

Mike I just spoke with Rob and we should talk [sic] Everything
we are doing is to give you the best outcome under very tough
circumstances [sic] I want to avoid having to terminate for cause
which would damage your future possibilities [sic] Call me as a
true friend [sic] DellLoy [sic].

I think you should have legal counsel but we are going to have to
act by 6:00 p.m. Don’t miss the chance to allow a better outcome.
DellLoy

(Emphasis added.)

76. Petke responded by text, writing, “if you are interested in arriving at a better solution

then [sic] is currently presented Lets [sic] have a conversation.” Petke then mentioned that

Hansen’s claim that Petke had to act by 6:00 p.m. contradicted an earlier agreement with RSL

that the parties were to conduct a conference call at 7:00 p.m. Petke requested Hansen to “clarify

the times.”

4
The original text contained a misspelling or autocorrect error. Waibel, therefore, sent a follow-up text to clarify,
writing: “*The toughest work environment[.]”

Complaint - Page 24
 77. Hansen replied that the conference call was being changed to 6:00 p.m. and that

“Rob had told me earlier this morning that would be ok.” Hansen also texted, “Everyone wants

an affirmative outcome as I hope you also see that is your best also.” (Emphasis added.)

78. The parties held a conference call at 6:00 p.m. Among those participating were

Petke’s legal counsel, as well as RSL’s Zarkos, RSL’s General Counsel Lindsay Barenz, and

RSL’s outside legal counsel.

79. During the conference call, RSL presented no offers different from the offer

proposed by RSL’s Waibel on August 8, 2019. Instead, in bad faith, RSL continued to use its

dominant position to force Petke to submit to and accept a low-ball offer of $75,000.00 to resign

or be fired in breach of the 2017 Contract and July 2019 Contract. Because an agreement could

not be reached, the conversation concluded soon after it commenced.

80. Despite RSL’s knowledge that Petke had retained legal counsel, Hansen called Petke

twice, left a voicemail, and texted Petke after the conference call concluded. In his text, Hansen

wrote: “Call I am sending the press releases assuming we [sic] are not accepting the offer to

resign with cash offered[.] The termination option leaves no compensation[.]”

81. After 8:00 p.m. on August 11, 2019, RSL texted Petke stating “find the Notice of

Termination, effective immediately.” The so-called “Notice of Termination” informed Petke

that RSL was immediately terminating the 2017 Contract pursuant to Section 3.01(F). The text

also included the press release RSL issued later that evening. The press release states:

Complaint - Page 25
 At Real Salt Lake, we have the privilege to represent our great
community and fans here locally and on a national and global basis.
We hold all of our coaches, players, executives and staff to the
highest standards of professionalism. As an organization, it is vital
that everyone, particularly our leadership, reflects and embodies our
core values and the values of our community, treating all people
with respect, civility and professionalism. Moreover, throughout
our 15-year history, we have championed diversity, acceptance and
inclusion throughout our organization, our stadiums and our
community. This is a responsibility that we take very seriously.

On Tuesday, July 30, after an investigation and in conjunction with

Major League Soccer, the club levied the steepest sanctions ever
imposed on an MLS coach when we suspended Mike Petke without
pay for two weeks in addition to his three-match suspension in MLS
and $25,000 fine. After further deliberations and a series of
constructive discussions internally and with various members of our
community, we have concluded, pursuant to his employment
agreement, to immediately terminate Mike Petke’s employment.

The club will have no further comment at this time.

82. RSL’s press release was a calculated move designed to damage Petke’s reputation by

suggesting he lacks certain morals and values—including, but not limited to, that Petke is

homophobic, disrespectful, uncivil, and unprofessional. The press release also conveniently

fails to acknowledge, let alone refer to, the July 2019 Contract entitling Petke to continue

coaching RSL unless and until another incident occurred.

83. By firing Petke the night before he was to return to work, RSL also denied Petke the

opportunity to demonstrate his ability to continue performing under the 2017 Contract. And by

terminating the contracts and refusing to pay Petke the remaining approximately $687,500.00,

RSL’s actions were designed to inflict additional, unwarranted economic damage on Petke and

his family, particularly since they are transplants from New Jersey and have no family ties to

Utah.

Complaint - Page 26
I. To inflict further damage to Petke’s reputation and detrimentally harm Petke’s
future coaching prospects, Hansen speaks to the press about Petke’s firing the day
after RSL’s press release.

84. Less than 18 hours after RSL issued its press release, and after RSL’s press release

said that “[t]he club will have no further comment at this time,” Hansen was interviewed by

KUTV about Petke’s firing. In a lengthy interview, Hansen claimed Petke was fired because his

conduct was inconsistent with RSL’s values. According to Hansen, “That was the end game.”

Hansen’s statements advanced RSL’s calculated move to portray Petke as lacking certain morals

and values, ineffective as a leader/coach, detrimental to the team’s good will, and homophobic,

which is particularly inflammatory in today’s society and workforce. By Hansen’s own

admissions, these are traits which damage future job possibilities.

85. During his interview, Hansen once again conveniently fails to acknowledge or

address the July 2019 Contract and the promises RSL made to Petke. And although Hansen

repeatedly refers to RSL’s values, Hansen conveniently ignores that RSL was well-aware of how

Petke’s actions may have conflicted with RSL’s alleged values when it prepared and signed the

July 2019 Contract five days after the Tigres match. In fact, as reflected in paragraph 56 above,

an entire paragraph of the July 2019 Contract references how Petke’s “passion and drive to win .

. . should never come at the expense of [RSL’s] values.” Nevertheless, RSL made the decision

not to terminate the 2017 Contract and, instead, agreed that only future infractions could result in

Petke’s dismissal for cause. (See Ex. A (“Any further violations of these policies will result in

immediate termination for cause under your employment contract.”) (emphasis added).)

Complaint - Page 27
J. Even the players knew what the truth was—i.e., Petke was supposed to resume
coaching RSL.

86. The following day, August 12, 2019, the press interviewed several RSL players.

RSL captain Kyle Beckerman’s quote captured the players’ surprise the best: “I heard the news

when the rest of everyone heard the news last night. I was a little surprised. I thought it was a

settled matter.” (Emphasis added). Like Beckerman, Petke also thought it was a settled

matter—right up until RSL broke its promise and breached the 2017 Contract and July 2019

Contract by firing him without cause and refusing to pay him the amounts he is owed.

FIRST CLAIM FOR RELIEF

(Breach of Contract)

87. Petke hereby incorporates all other paragraphs of this Complaint as if fully set forth

herein.

88. RSL and Petke entered into the July 2019 Contract, which is a binding amendment

to the 2017 Contract.

89. Under the July 2019 Contract, the parties agreed Petke would accept certain

punishment in response to Petke’s conduct after the Tigres match in exchange for continuing to

serve as RSL’s coach. The parties agreed that only future infractions could result in Petke’s

dismissal.

90. While Petke was performing under the July 2019 Contract, RSL breached the July

2019 Contract and the 2017 Contract by immediately terminating Petke’s employment on August

11, 2019.

Complaint - Page 28
 91. In its August 11, 2019 letter providing notice of termination, RSL relied on Section

3.01(F) of the 2017 Contract as the basis for its decision to fire Petke. But RSL had no right to

fire Petke under Section 3.01(F) because Petke’s conduct after the Tigres match did not

constitute a material breach of Section 3.01(F), and the team admitted Petke did not materially

breach Section 3.01(F).

92. Additionally, RSL knew that Petke did not materially breach Section 3.01(F) of the

2017 Contract and that Petke’s conduct after the Tigres match did not constitute a material

breach of Section 3.01(F). Consequently, RSL prepared and entered into the July 2019 Contract

to have more definitive language allowing RSL to fire Petke in the future if he violated the

“policies” set forth in the July 2019 Contract. However, Petke did not and could not commit any

infractions of the “policies” because he was still suspended and incommunicado when RSL

immediately terminated his employment on Sunday, August 11, 2019

93. Moreover, if RSL had the right to fire Petke under Section 3.01(F) of the 2017

Contract, which RSL did not, RSL knowingly waived that right by entering into the July 2019

Contract, which amended the 2017 Contract.

94. After breaching the 2017 Contract and July 2019 Contract, RSL has failed to pay the

amounts Petke is entitled to receive under Section 3.02(B) of the 2017 Contract.

95. RSL’s failure to pay Petke in full constitutes a further material breach of the 2017

Contract as amended by the July 2019 Contract.

96. RSL’s breaches of the parties’ agreements caused Petke to incur economic damages

including, but not necessarily limited to, compensatory and consequential damages. At a

minimum, Petke is entitled to judgment against RSL in the amount of at least approximately

$687,500.00, which is the estimated remaining amount due and owing under the 2017 Contract.

Complaint - Page 29
 SECOND CLAIM FOR RELIEF
(Breach of the Duty of Good Faith and Fair Dealing)

97. Petke hereby incorporates all other paragraphs of this Complaint as if fully set forth

herein.

98. Petke and RSL entered into the written contracts described above.

99. Petke’s July 2019 Contract with RSL amended the 2017 Contract. Under the July

2019 Contract, Petke, among other things, was entitled to resume his head coaching

responsibilities after serving his two-week suspension without pay.

100. The covenant of good faith and fair dealing inheres in nearly every contractual

relationship. Under this covenant, the parties must deal with each other fairly and in good faith.

101. Under the July 2019 Contract, Petke was entitled to resume his head coach

responsibilities after serving his suspension. Pursuant to the express terms of the July 2019

Contract prepared and signed by RSL, Petke would only be dismissed for cause in the event of

future infractions. However, Petke did not and could not commit any additional infractions

because he was still suspended and incommunicado when RSL immediately terminated his

employment on Sunday, August 11, 2019.

102. RSL intentionally or purposely committed acts to destroy or injure Petke’s right to

receive the fruits of the July 2019 Contract and the 2017 Contract.

103. RSL’s bad faith conduct has caused Petke to incur numerous damages.

THIRD CLAIM FOR RELIEF

(Promissory Estoppel)

104. Petke hereby incorporates all other paragraphs of this Complaint as if fully set forth

herein.

Complaint - Page 30
 105. Pleading in the alternative, if the Court determines the July 2019 Contract is not a

valid and binding agreement between the parties (which Petke asserts that it is), RSL must

perform as it promised—that is, RSL would not terminate Petke’s employment as RSL’s head

coach for cause unless and until he committed an infraction in the future after resuming coaching

duties on August 12, 2019.

106. RSL promised Petke that the two-week suspension (without pay), mandatory anger

management counseling with a therapist chosen by RSL, and the issuance of written apologies to

the MLS Commissioner, Todd Durbin and the referees who worked the Tigres match would be

the only sanctions and penalties Petke would receive for the incident that occurred after the

Tigres match.

107. RSL also promised that only future infractions could result in Petke’s immediate

dismissal for cause.

108. Petke was aware of RSL’s promises.

109. RSL knew or should have expected that these promises would lead Petke to act or

not act.

110. Petke reasonably relied on RSL’s promises.

111. RSL’s immediate termination of Petke’s employment before the two-week

suspension concluded resulted in numerous damages to Petke.

FOURTH CLAIM FOR RELIEF

(Unjust Enrichment/Quantum Meruit)

112. Petke hereby incorporates all other paragraphs of this Complaint as if fully set forth

herein.

Complaint - Page 31
 113. If for any reason the trier-of-fact in this case fails to identify the existence of

enforceable and binding contracts as alleged herein, Petke asserts an alternative claim for unjust

enrichment and/or quantum meruit RSL.

114. Petke accepted and agreed to abide by the punishment imposed by RSL, which

conferred a reasonable value upon RSL.

115. Petke, in justifiable and reasonable reliance on RSL’s promises, acted with the

expectation of returning to work on Monday, August 12, 2019, and resuming his job as head

coach and being compensated for his time and effort.

116. RSL was fully aware of the benefit that Petke conferred upon it.

117. Petke did not act as a volunteer or intermeddler in connection with the benefit he

conferred upon RSL.

118. To permit RSL to retain the benefits without compensating Petke would result in the

unconscionable and unjust enrichment of RSL at the expense of Petke, which should not be

allowed.

FIFTH CLAIM FOR RELIEF

(Intentional Infliction of Emotional Distress)

119. Petke hereby incorporates all other paragraphs of this Complaint as if fully set forth

herein.

120. RSL agreed to allow Petke to return to his job as the team’s head coach and that

Petke would only be terminated for cause if he committed future infractions. However, after

Hansen was caught on tape improperly speaking about Petke’s job status while Petke was

suspended and incommunicado, RSL acted outrageously by engaging in a calculated campaign

of using its dominance over Petke to force him to accept less than he was financially entitled and

threatening to disparage him through the press in an attempt to ruin Petke’s future career

Complaint - Page 32
opportunities as a coach in professional soccer. When Petke did not accede to RSL’s demand,

RSL immediately fired Petke, denied him the opportunity to show that he could adapt, and

inflicted additional, unwarranted economic damages on Petke and his family who are transplants

from New Jersey. RSL then spread a false narrative to the press that Petke lacked certain morals

or values in a calculated plan to damage Petke’s reputation and future job prospects as a

professional soccer coach.

121. These facts, among others pleaded herein, show that RSL’s conduct evokes outrage

or revulsion.

122. RSL should have realized that its conduct as alleged herein involved an unreasonable

risk of causing emotional distress to Petke.

123. RSL should have realized that its conduct as alleged herein could cause the sort of

emotional distress that might result in illness or bodily harm.

124. RSL’s conduct proximately caused Petke to suffer severe emotional distress.

SIXTH CLAIM FOR RELIEF

(Defamation)

125. Petke hereby incorporates all other paragraphs of this Complaint as if fully set forth

herein.

126. RSL published statements by written and oral communications asserting as a fact

that Petke lacks certain morals and values of the community and that he does not treat all people

with respect, civility, and professionalism, and that he is intolerant of diversity.

127. RSL’s written and oral communications directly referred to Petke.

128. RSL’s written and oral statements were defamatory to Petke.

Complaint - Page 33
 129. RSL’s written and oral statements were false considering Petke’s strong belief in

equal rights for all, which has been publicly demonstrated over time, including as described

above.

130. RSL was negligent and reckless in determining whether its statements were true.

Indeed, RSL’s executives acknowledged during their conversation with Petke after MLS

conducted its investigation and RSL entered into the July 2019 Contract that Petke is not

homophobic and that he is “a good person . . . .” Further, Hansen, by his own admissions in his

texts to Petke, knew that characterizing Petke as lacking such morals and values would damage

Petke’s future job possibilities.

131. RSL’s false statements directly and proximately caused injuries to Petke, including

special damages.

132. Additionally, Petke’s injuries resulted from RSL’s malice, knowledge of the written

and oral statements’ falsity, and/or reckless disregard for the truth, which entitles Petke to

exemplary damages.

SEVENTH CLAIM FOR RELIEF

(False Light)

133. Petke hereby incorporates all other paragraphs of this Complaint as if fully set forth

herein.

134. RSL published statements by written and oral communication asserting as a fact that

Petke lacks certain morals and values of the community and that he does not treat all people with

respect, civility, and professionalism, and that he does not champion diversity, acceptance, and

inclusion of others, such as the LGBTQ community.

135. RSL’s written and oral communications directly referred to Petke.

136. RSL’s written and oral communications place Petke in a false light.

Complaint - Page 34
 137. RSL’s written and oral communications are highly offensive to a reasonable person.

138. RSL published the written and oral communications with knowledge of their falsity,

or with reckless disregard to whether the statements were truthful or not.

CONDITIONS PRECEDENT

139. All conditions precedent to Petke’s claims for relief have been performed or have

occurred.

EXEMPLARY DAMAGES

140. Petke hereby incorporates all other paragraphs of this Complaint as if fully set forth

herein.

141. RSL’s conduct manifested a knowing and reckless indifference toward, and a

disregard of, Petke’s rights.

142. Accordingly, Petke requests the award of exemplary damages as determined by the

trier of fact.

JURY TRIAL DEMANDED

143. Petke requests a jury trial on all issues triable under Article 1, Section 10 of the Utah

Constitution.

REQUEST FOR RELIEF

WHEREFORE, Plaintiff Mike Petke requests the following relief:

1. As to the First Claim for Relief, that judgment be entered for Mr. Petke and against

RSL for all damages allowed under Utah law as determined by a trier of fact;

2. As to the Second Claim for Relief, that judgment be entered for Mr. Petke and

against RSL for all damages allowed under Utah law as determined by a trier of fact;

Complaint - Page 35
 3. As to the Third Claim for Relief, that judgment be entered for Mr. Petke and against

RSL for all damages allowed under Utah law as determined by a trier of fact;

4. As to the Fourth Claim for Relief, that judgment be entered for Mr. Petke and

against RSL for all damages allowed under Utah law as determined by a trier of fact;

5. As to the Fifth Claim for Relief, that judgment be entered for Mr. Petke and against

RSL for all damages allowed under Utah law as determined by a trier of fact;

6. As to the Sixth Claim for Relief, that judgment be entered for Mr. Petke and against

RSL for all damages under Utah law as determined by a trier of fact;

7. As to the Seventh Claim for Relief, that judgment be entered for Mr. Petke and

against RSL for all damages under Utah law as determined by a trier of fact;

8. That judgment be entered for Mr. Petke and against RSL for exemplary damages

under Utah law as determined by a trier of fact;

9. That judgment be entered for Mr. Petke and against RSL for attorney fees and other

expenses incurred by Mr. Petke;

10. That Mr. Petke be awarded prejudgment and post-judgment interest as allowed by

law;

11. That Mr. Petke be awarded his costs; and

12. That Mr. Petke be awarded such other and further relief as the Court and jury may

deem proper under equity and/or law.

Complaint - Page 36
DATED this 16th day of September 2019.

BENNETT TUELLER JOHNSON & DEERE

By: /s/ Ryan B. Braithwaite _____________

BARRY N. JOHNSON, ESQ.
RYAN B. BRAITHWAITE, ESQ.
3165 East Millrock Drive, Suite 500
Salt Lake City, Utah 84121-4704
Telephone: (801) 438-2000
ADDITIONAL COUNSEL: rbraithwaite@btjd.com

TRAVIS KOCH, ESQ.

Wyoming State Bar No. 7-5418
(Pro hac vice pending)
OVERSTREET HOMAR & KUKER
508 East Eighteenth Street
Cheyenne, Wyoming 82001
Telephone: (307) 274-4444
travis@kukerlaw.com

CLAYTON E. BAILEY, ESQ.

Texas State Bar No. 00796151
(Pro hac vice pending)
BENJAMIN L. STEWART, ESQ.
Texas State Bar No. 24046917
(Pro hac vice pending)
BAILEY BRAUER PLLC
Campbell Centre I
8350 N. Central Expy., Suite 650
Dallas, Texas 75206
Telephone: (214) 360-7433
cbailey@baileybrauer.com

ATTORNEYS FOR PLAINTIFF MIKE PETKE

Plaintiff’s Address:

Mike Petke
c/o Bennett Tueller Johnson & Deere
3165 East Millrock Drive, Suite 500
Salt Lake City, Utah 84121-4704

Complaint - Page 37
EXHIBIT A