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Joint MOTION to Continue Injunction Hearing filed by Duane Jones, William Pasewark, Robert Ricketts, Texas Tech University, Brittany Todd with Brief in Support.

Patel v. Texas Tech University et al, No. 5:17-cv-00174-C (N.D. Tex.) · Dkt. 33 · 2017-10-18 · PDF

Text extracted from the PDF; scanned pages were read by OCR. The PDF is the authoritative copy.

Case 5:17-cv-00174-C

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
LUBBOCK DIVISION
RAJIN PATEL,
v.

Plaintiff,

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 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.

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CIVIL ACTION NO. 5:17-cv-174-C

JOINT MOTION FOR CONTINUANCE OF INJUNCTION HEARING
TO THE HONORABLE JUDGE SAMUEL RAY CUMMINGS:
Plaintiff Rajin Patel (“Plaintiff”) and Defendants Texas Tech University, Duane
Jones, William Pasewark, Robert Ricketts, and Brittany Todd (collectively, the
“Defendants”), file this Joint Motion for Continuance of Injunction Hearing, asking that
the Court postpone the injunction hearing currently scheduled for November 2, 2017.
Good cause exists for continuance of the hearing and Plaintiff has indicated that he is
amenable to the hearing’s postponement; accordingly, a continuance will not prejudice
the Plaintiff. The Parties are currently conferring in good faith to establish an alternative

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hearing date. 1
I.

Procedural facts relevant to this Motion for Continuance.

Plaintiff filed the instant litigation alleging violations of his constitutional rights to
substantive due process and equal protection and breach of contract after the University
imposed sanctions following completion of the University’s administrative investigation
and hearings involving allegations that Plaintiff cheated on a final exam in his business
law class. See Dkt. No. 1. In addition, Plaintiff filed a Motion for Preliminary Injunction
asking the Court to enter an order requiring Defendants to reinstate him as a student in
good standing. See Dkt. No. 3. The Court set Plaintiff’s Motion for Preliminary Injunction
for a hearing on November 2, 2017. Dkt. No. 27.
II.

Good cause exists for continuance of the hearing.

The Parties respectfully request that the Court grant them a continuance of the
November 2, 2017 hearing. Witnesses for the Defendants that are essential for the
hearing, including Defendant Dr. William Pasewark, will be representing the University
and Rawls College of Business at the annual Texas Business Hall of Fame program and
dinner, which will take place in Dallas the evening of November 1, 2017. This is a
prestigious annual event that recognizes business leaders across the State of Texas and is
a highly important function for the University. There are no flights that will enable
Defendants’ witnesses to attend the event in Dallas and be present to testify the morning
of the hearing in Lubbock.

Further, Plaintiff’s counsel requested discovery from

Defendants on October 18, 2017, and indicated that Plaintiff does not yet have all of the
discovery necessary to proceed with the hearing. Plaintiff is unopposed to a continuation

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This Motion is subject to the Court’s ruling on Defendants’ Notice of Partial Automatic Stay and Motion to Stay
Further Proceedings, which Defendants will be filing with the Court shortly.

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of the hearing with the stipulation that the continuance be less than fourteen days and the
Parties are currently conferencing in good faith to establish an alternative hearing date.
The Parties respectfully request that the Court grant a continuance of the
November 2, 2017 Preliminary Injunction hearing.
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
Attorney-in-Charge
Texas Bar No. 24068473
ERIC A. HUDSON
Texas Bar No. 24059977
Assistant Attorneys General
General Litigation Division
P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
(512) 936-1322
FAX: (512) 320-0667
rola.daaboul@oag.texas.gov
eric.hudson@oag.texas.gov
Counsel for Defendants
THE BACH LAW GROUP, LLC
/s/ Jason J. Bach_
JASON J. BACH

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Texas Bar. No. 24071556
2802 Flintrock Trace, Suite 255
Austin, Texas 78738
(512) 879-3901
FAX: (702) 925-8788
Counsel for Plaintiff
C E R T IF IC A T E O F S E R V IC E
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 18th day of
October, 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

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