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Defendants Motion to Dismiss

Defendants Motion to Dismiss

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Published by Neal Morton
Attorneys for La Joya ISD, Board President Irene Garcia and HR department heads claim legal immunity and request Federal Judge Randy Crane dismiss Benavides et al. v. La Joya ISD et al.
Attorneys for La Joya ISD, Board President Irene Garcia and HR department heads claim legal immunity and request Federal Judge Randy Crane dismiss Benavides et al. v. La Joya ISD et al.

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Published by: Neal Morton on Nov 02, 2011
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10/23/2014

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Page 1 of 17 
IN THE UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF TEXASMCALLEN DIVISION
 
ROSENDO BENAVIDES, §YVONNE BENAVIDES, §KATIE CEDILLO, JUAN CERDA, §RODOLFO CERDA, JR., §SERGIO FLORES, §ROSALVA FUENTES, §LEONEL GARZA, JR. §MARIA LANDEZ, ARTURO RODRIGUEZ §MARTHA ROMERO, §HERMELINDA SALINAS, §JUAN L. SALINAS, OSCAR SALINAS, §HECTOR SOSA AND ANTONIO URESTI §Plaintiffs §§vs. § CIVIL ACTION NO. 7:11-cv-260§LA JOYA INDEPENDENT SCHOOL §DISTRICT, ISMAEL “KINO” FLORES, §INDIVIDUALLY, ADRIANA VILLARREAL, §INDIVIDUALLY, RICARDO VILLARREAL, §INDIVIDUALLY, IRENE M. GARCIA, §INDIVIDUALLY AND IN HER CAPACITY §AS BOARD PRESIDENT FOR §THE LA JOYA INDEPENDENT §SCHOOL DISTRICT §Defendants §DEFENDANTS, LA JOYA INDEPENDENT SCHOOL DISTRICT,ADRIANA VILLARREAL, INDIVIDUALLY, RICARDO VILLARREAL,INDIVIDUALLY and IRENE M. GARCIA, INDIVIDUALLY AND IN HERCAPACITY AS BOARD PRESIDENT FOR THE LA JOYA INDEPENDENTSCHOOL DISTRICT’S 12(b)(6) MOTION TO DISMISSAND TO STAY DISCOVERY
 TO THE HONORABLE JUDGE OF SAID COURT:NOW COME, Defendants, LA JOYA INDEPENDENT SCHOOL DISTRICT,(hereinafter, “the Defendant DISTRICT”), ADRIANA VILLARREAL,
Case 7:11-cv-00260 Document 16 Filed in TXSD on 09/16/11 Page 1 of 17
 
 
Page 2 of 17 
INDIVIDUALLY, RICARDO VILLARREAL, INDIVIDUALLY, and IRENE M.GARICA, INDIVIDUALLY AND IN HER CAPACITY AS BOARD PRESIDENT FOR THE LA JOYA INDEPENDENT SCHOOL DISTRICT, (hereinafter sometimesreferred to as the “the Individual Defendants”) and file this their 12(b)(6) Motionto Dismiss and To Stay Discovery and would show the Court the following:
I.PROCEDURAL HISTORY
 This action was commenced on August 16, 2011, in the 370
th
JudicialDISTRICT Court of Hidalgo County, Texas as Cause No. C-2243-11-G.Defendants were served with
Plaintiffs’ Original Petition, Application for Temporary Restraining Order and Request for Temporary and Permanent Injunctions 
on August 16, 2011. Plaintiffs asserted claims for violations of theirconstitutional rights, pursuant to the First and Fourteenth Amendments to theConstitution of the United States and the provisions of the Constitution andlaws of the State of Texas in
Plaintiffs’ Original Petition, Application for Temporary Restraining Order and Request for Temporary and Permanent Injunctions 
. Additionally, Plaintiffs asserted claims for intentional infliction of emotional distress and civil conspiracy.On August 26, 2011 counsel for Plaintiffs filed the
Original Petition in Intervention of Jessica Ochoa, Maricela Acevedo, Aurora Garza and Veronica L.Garza,
in the State action which identified Jessica Ochoa, Maricela Acevedo,Aurora Garza and Veronica L. Garza as additional interested parties. Theseadditional Plaintiffs asserted the identical claims asserted in
Plaintiffs’ Original 
Case 7:11-cv-00260 Document 16 Filed in TXSD on 09/16/11 Page 2 of 17
 
 
Page 3 of 17 
Petition.
Defendants were served with the
Original Petition in Intervention 
onAugust 26, 2011. On that same date the Defendant DISTRICT electronicallyfiled with the Hidalgo County DISTRICT Clerk its
Notice of Removal to Plaintiffs 
 in the State action in Cause No. C-2243-11-G. Thereafter, the DefendantDISTRICT also electronically filed in the State action its
Notice to DISTRICT Court Clerk of Filing of Notice of Removal.
Additionally, the
Notice of Removal,Certificate of Filing, Civil Cover Sheet, and Joinder in Removal 
were filed in theinstant cause on August 26, 2011 and served on all counsel of record.On September 6, 2011 the Defendant DISTRICT’s
Motion for Leave to File Supplemental Notice of Removal 
and
Supplemental Notice of Removal 
were filedwith the Court requesting that the Court take notice of Jessica Ochoa, MaricelaAcevedo, Aurora Garza and Veronica L. Garza as additional interested partiesas identified by counsel for Plaintiffs in the
Original Petition in Intervention 
.On September 9, 2011 the Defendant DISTRICT’s
Motion for Leave to File Unopposed Supplemental Notice of Removal 
and the
Unopposed Supplemental Notice of Removal 
were filed with the Court requesting that the Court takenotice of Jessica Ochoa, Maricela Acevedo, Aurora Garza and Veronica L. Garzaas additional interested parties as identified by counsel for Plaintiffs in the
Original Petition in Intervention 
.On September 12, 2011 the Court entered the
Order Granting Unopposed Motion for Leave to File Supplemental Notice of Removal 
.
Case 7:11-cv-00260 Document 16 Filed in TXSD on 09/16/11 Page 3 of 17

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