MOTION to Dismiss filed by Duane Jones, William Pasewark, Robert Ricketts, Texas Tech University, Brittany Todd Attorney Rola Daaboul added to party Duane¶
Patel v. Texas Tech University et al, No. 5:17-cv-00174-C (N.D. Tex.) · Dkt. 9 · 2017-09-01 · PDF
Text extracted from the PDF; scanned pages were read by OCR. The PDF is the authoritative copy.
Case 5:17-cv-00174-C Document 9 Filed 09/01/17 Page 1 of 3 PageID 80 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS LUBBOCK DIVISION RAJIN PATEL, § § Plaintiff, § v. § § TEXAS TECH UNIVERSITY; DUANE § JONES, individually and in his official § capacity as adjunct professor; WILLIAM § PASEWARK, INDIVIDUALLY and in his § official capacity as TTU Rawls College of § CIVIL ACTION NO. 5:17-cv-174-C Business Associate Dean of Graduate § Programs and Research; ROBERT § RICKETTS, individually and in his § official capacity as Area Coordinator in § Accounting; and BRITTANY TODD, § individually and in her individual capacity § as Associate Director of the Office of § § Student Conduct; § Defendants. § DEFENDANTS’ MOTION TO DISMISS TO THE HONORABLE JUDGE SAMUEL RAY CUMMINGS: Defendants Texas Tech University, Duane Jones, William Pasewark, Robert Ricketts, and Brittany Todd (collectively, the “Defendants”), file this Motion to Dismiss (the “Motion”) against Rajin Patel (“Plaintiff”), and would respectfully show as follows: As explained in detail in the brief in support of this Motion, which is filed contemporaneously herewith, Plaintiff’s claims against the Defendants should be dismissed in their entirety for the following reasons: (1) Plaintiff’s claims are barred by sovereign immunity, and (2) Plaintiff has failed to state a claim upon which relief may be granted. DEFENDANTS’ MOTION TO DISMISS Page 1 Case 5:17-cv-00174-C Document 9 Filed 09/01/17 Page 2 of 3 PageID 81 PRAYER Defendants Texas Tech University, Duane Jones, William Pasewark, Robert Ricketts, and Brittany Todd respectfully request that this Court grant their Motion to Dismiss in its entirety, dismiss Plaintiff’s claims against them with prejudice, and grant Defendants all other and further relief, at law or in equity, to which they may be justly entitled. Respectfully submitted, KEN PAXTON Attorney General of Texas JEFFREY C. MATEER First Assistant Attorney General BRANTLEY STARR Deputy First Assistant Attorney General JAMES E. DAVIS Deputy Attorney General for Civil Litigation ANGELA V. COLMENERO Chief - General Litigation Division /s/ Rola Daaboul_____________ Rola Daaboul Texas Bar No. 24068473 Assistant Attorney General General Litigation Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 (512) 936-1322 FAX: (512) 320-0667 e-mail: rola.daaboul@oag.texas.gov ATTORNEYS FOR DEFENDANT DEFENDANTS’ MOTION TO DISMISS Page 2 Case 5:17-cv-00174-C Document 9 Filed 09/01/17 Page 3 of 3 PageID 82 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing instrument has been served electronically through the electronic-filing manager on this the 1st day of September, 2017, to: Jason J. Bach The Bach Law Group, LLC 2802 Flintrock Trace, Suite 255 Austin, Texas 78738 /s/ Rola Daaboul_____________ Rola Daaboul Assistant Attorney General DEFENDANTS’ MOTION TO DISMISS Page 3