On Thursday, December 29, 2022, Houston Rockets star guard Kevin Porter, Jr. was sued by former partner, Dinamarie Simone, in U.S. District Court in the Southern District of Texas. Simone filed suit for (1) breach of contract; (2) declaratory judgment of common law marriage; (3) defamation; (4) malicious prosecution; and (5) intentional infliction of emotional distress.
According to her complaint, Simone says she met Porter in December 2019 while he was a rookie on the Cleveland Cavaliers. She lived and worked in Cleveland. The two began “seriously dating” in March or April of 2020. Simone alleges, at the time they met, she made $60,000, plus tips annually and Porter made $1,290,960. When Porter was traded to Houston in January, 2021, Simone says she moved with him there. She alleges that because of her “excellent credit, coupled with Porter’s income” they were able to furnish two homes for themselves in Texas and finance, among other items, both Porter’s GMC and Simone’s Mercedes Benz.
Simone argues, in support of her common law marriage claim, that she and Porter held themselves out to the public as a married couple. Specifically, “Porter regularly began referring to Ms. Simone as wifey,” introduced Simone to a Rockets member as his wife, used her credit and debit cards and they jointly purchased three pet dogs named Rain, Lava and Izy.
Simone says that in February 2022, the couple rented a nicer home in Fort Bend County, Texas “using Ms. Simone’s credit,” and both parties’ names were on the lease. Simone was displeased with Porter during the move because he wasn’t helping and while Simone was in Home Depot, Porter texted her that “he was unhappy.”
The following day, Simone says Porter suddenly kicked her out of their home without any of her belongings and immediately flew in another woman who began living there. Simone alleges her personal belongings remained at the home for several months, before ultimately getting “returned in deplorable condition not even worthy of shipping.”
Despite the separation, Simone alleges that Porter has continued, even to the day of the filing, to use her credit cards. She says in hopes of resolving outstanding charges incurred by Porter on at least 3 of her credit cards, she spoke with Porter’s agent but had no success. Per Spotrac, the 22-year-old shooting guard is represented by Sam Permut, Joe Branch, and Roger Montgomery of Roc Nation Sports.
Simone argues that Porter’s actions have caused her great economic hardship, including legal fees; a lower credit score; a collections notice for the GMC vehicle; and charges for AirBNB and hotel rooms with no place for her to live.
Conversely, Porter claims to have suffered damages due to Simone’s actions. He even filed a lawsuit against her on June 23, 2022 in Texas state court alleging that Simone stole their dog Rain and for defamation of character.
The parties moved to settle this matter but Simone claims that on November 2, 2022, she withdrew her consent and signature on the proposed settlement agreement. The purported settlement would have required Porter to (1) payoff all existing credit cards and debts; including Simone’s Mercedes; (2) remove Simone from the financing and ownership documents for the GMC and the home; (3) remove her credit cards from various technology accounts and utility accounts, etc.; and (4) return her personal property, including her essential day to day items, clothing, shoes, furniture, kitchen item and antiques she inherited.”
Simone alleges that, while Porter paid her some monies under the attempted settlement, “most of those funds were for the physical return of Rain and for marital debts and legal fees." With that, Simone filed suit this past Thursday and seeks/alleges:
A declaratory judgment that she and Porter satisfied common law marriage, entitling her to a portion of all marital property (including Rain);
Defamation for knowingly, or recklessly made false statements to law enforcement, and likely other third parties, that Ms. Simone had stolen the dog Rain; a dog that they both owned and purchased together, from a home that was rented with both their names;
Breach of the Settlement Agreement (if the court were to find it was not validly withdrawn by Simone) for failing and refusing to remove Simone’s name from the GMC financing and ownership documents, other continued use of Simone’s credit, and returning her personal property in a deplorable condition;
Civil Malicious Prosecution; and
Intentional Infliction of Emotional Distress
Jason Morrin is a law clerk (pending admission to the NY Bar) at Zumpano, Patricios & Popok LLP in New York, a firm dedicated to litigation and business counseling including in the areas of sports, gaming and entertainment. He graduated cum laude from Hofstra Law School where he was president of the Sports and Entertainment Law Society. His reporting for Conduct Detrimental has been cited by ESPN, The New York Post, USA Today, Bleacher Report and more.
