Skip to content

MOTION for Reconsideration re 9 Motion to Dismiss filed by Duane Jones, William Pasewark, Robert Ricketts, Texas Tech University, Brittany Todd (Daaboul, Rola) Modified

Patel v. Texas Tech University et al, No. 5:17-cv-00174-C (N.D. Tex.) · Dkt. 28 · 2017-09-27 · 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 28

Filed 09/27/17

Page 1 of 3

PageID 368

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.
§
MOTION FOR RECONSIDERATION OF DEFENDANTS’
MOTION TO DISMISS
TO THE HONORABLE JUDGE SAMUEL RAY CUMMINGS:
Defendants Texas Tech University (“TTU”), Duane Jones, William Pasewark,
Robert Ricketts, and Brittany Todd (collectively, the “Defendants”), file this Motion for
Reconsideration of their 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 Motion should be granted and the claims against
the Defendants should be dismissed in their entirety for the following reasons: (1)
Defendants’ Reply to Plaintiff’s Opposition to Defendants’ Motion to Dismiss was due on
September 27, 2017 pursuant to Local Rule 7.1(f); (2) Defendants were in the process of
DEFENDANTS’ MOTION TO DISMISS

Page 1

Case 5:17-cv-00174-C

Document 28

Filed 09/27/17

Page 2 of 3

PageID 369

filing their Reply on September 26, 2017 when the Court issued its Order on Defendants’
Motion to Dismiss (Doc. #25) and corresponding Judgment (Doc. #26); (3) the Order states
that TTU “did not seek to file any reply to Patel’s arguments” and that “[t]he Court reserves
the right to revisit this jurisdictional issue if…TTU can later produce evidence…” Doc.
#25 at p. 5; (4) Plaintiff’s claims are barred by sovereign immunity, and (5) Plaintiff has
failed to state a claim upon which relief may be granted.
PRAYER
Defendants Texas Tech University, Duane Jones, William Pasewark, Robert
Ricketts, and Brittany Todd respectfully request that this Court consider this Motion and
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

DEFENDANTS’ MOTION TO DISMISS

Page 2

Case 5:17-cv-00174-C

Document 28

Filed 09/27/17

Page 3 of 3

PageID 370

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

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 27th 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

Published Updated

Court filings and posts by Kevin Bass.