In December 2022, the plaintiff filed a complaint against Kelly’s client alleging breach of contract and declaratory judgment in addition to demanding a jury trial. The plaintiff later filed an amended complaint alleging one claim for breach of contract and repeating their jury trial demand.
The defense then filed a motion to dismiss the amended complaint, which the court granted as the plaintiff failed to respond. The plaintiff filed a second amended complaint containing the same claims as the first. The defense moved to dismiss, which the court granted in part, ordering the plaintiff to file a third amended complaint with his wife as a claimant.