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Caraway Motion to Compel City to Produce Audio

Caraway Motion to Compel City to Produce Audio

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Published by: The Dallas Morning News on Mar 13, 2011
Copyright:Attribution Non-commercial

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11/07/2012

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03/11/2011 FRI 16:28 FAX
UU2U22
CAUSE NO. DC11-02497DWAINE R. CARAWAY
Plaintiff
v.
GREGG ABBOTT, ATTORNEY GENERALOF STATE OF TEXAS, andCITY OF DALLASDefendants
AND
THE DALLAS MORNING NEWS, INC.
Intervenor
THE DALLAS MORNING NEWS, INC.
Cross-Claim Plaintiff
v.
CITY OF DALLAS
IN THE DISTRICT COURT
68" JUDICIAL DISTRICT
DALLAS COUNTY, TEXAS
PLAINTIFF'S MOTION TO ORDER DEFENDANT CITY OF DALLASTO PRODUCE MATERIAL AND MOTION TO EXTENDTEMPORARY RESTRAINING ORDERTO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, DWAINE R. CARAWAY, Plaintiff in the above-entitled cause, and files this
Motion to Order Defendant City of Dallas to Produce Material and Motion to Extend Temporary
Restraining Order as permitted under Texas Rule of Civil Procedure 680, and in support thereof
would show the Court the following:
(I IONTO ORDER DFrFENDANT
CITY OF DALLAS To
PRODUCE
I.
On March 7, 2011, Plaintiff filed his Original Petition and Application for Temporary
Restraining Order and Temporary Injunction, complaining of Gregg Abbott, Attorney General of
Plaintiffs Motion to Order City of Dallas to Produce Material
and Motion to Extend Temporary Restraining Order
age 1
 
03/11/2011
FRI
16:29
FAX
0003022
State of Texas and City of Dallas, On March 8, 2011, Plaintiff filed his First Amended Original
Petition and First Amended Application for Temporary Injunction and Application for Temporary
Injunction.
The Court conducted a hearing on Plaintiff's Application for Temporary lnj unct on on March
8, 2011. After considering the application and argument of counsel, the Court granted a temporaryrestraining order, preventing the City of Dallas from releasing or disclosing the material at issue to
the public.
After the hearing, Plaintiff's counsel contacted Mr. Perkins, City Attorney for the City of
Dallas, and requested a copy of the material at issue. Counsel made arrangements to meet to discuss
the release of the material at issue. Said meeting took place on March 9, 2011, at which time, Mr.
Perkins stated that he believed that the restraining order prevented him from providing a copy of the
material at issue to Plaintiffs counsel. Mr. Perkins agreed to provide a formal response to Plaintiff's
counsel's request by the next day.On March 10, 2011, Plaintiffs counsel received a written response from the City Attorney,wherein he stated that because of the pending temporary restraining order he was unable to release
a copy of the requested disc to Plaintiffs counsel. A true and correct copy of the City Attorney's
letter is attached hereto as Exhibit "A.".
II.
Plaintiff will be highly prejudiced if he is not permitted to have access to material at issue,
as such is necessary for Plaintiffs counsel to properly and adequately prepare for the injunction
hearing currently scheduled for March 22, 2011. As such, Plaintiff has no other remedy but to ask
Plaintiffs Motion to Order City of Dallas to Produce Material
and Motion to Extend Temporary Restraining Order
age 2
 
03/11/2011 FRI 16:29 FAX
004022
for an extension of the Temporary Restraining Order. As evidenced by Exhibit "A", the City
Attorney is not opposed to producing a copy of the material at issue to Plaintiff's counsel, but
believes doing so without a Court Order, could be in violation of the existing Temporary Restraining
Order.
As such Plaintiff prays that the Court conduct a hearing on Plaintiff's Motion to Order
Defendant City of Dallas to Produce Material and issue an Order, allowing City of Dallas to release
the material at issue to Plaintiff's counsel. By seeking this Order, Plaintiff does not intend to make
the material at issue subject to disclosure to any other person or entity and as such, is requesting that
the production of the material to Plaintiff's counsel be subject to a protective order.
OTION TO EXTEND TEMPORARY RESTRAINING ORDER
I.
As stated above, Defendant City of Dallas has refrained from voluntarily producing a copy
of the material at issue to Plaintiff's counsel, stating that doing so could be in violation of the Court's
Remporary Restraining Order issued on March 8,2011.Plaintiff has asked the Court to issue an Order permitting the limited release of the materialat issue to Plaintiff's counsel's so that Plaintiff's counsel can adequately prepare for the inunctionhearing. Plaintiff believes that the Court will issue such an Order and that the material at issue
will
be produced to Plaintiff's counsel. However, such and Order cannot he issued before March 22,
2011, which is the scheduled date of the injunction hearing.
As such, Plaintiff prays that Court extend the Temporary Restraining Order as permitted
under Texas Rule of Civil Procedure 680 for an additional fourteen (14) days (until April 5,2011),
Plaintiff's Motion to Order City of Dallas to Produce Material
Page 3
nd Motion to Extend Temporary Restraining Order

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