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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

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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

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Case 5:17-cv-00174-C

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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

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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

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