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
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Case 5:17-cv-00174-C Document 33 Filed 10/18/17 Page 1 of 4 PageID 390 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. § § § § § § § § § § § § § § § § § § § 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 Case 5:17-cv-00174-C Document 33 Filed 10/18/17 Page 2 of 4 PageID 391 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 1 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. Case 5:17-cv-00174-C Document 33 Filed 10/18/17 Page 3 of 4 PageID 392 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 Case 5:17-cv-00174-C Document 33 Filed 10/18/17 Page 4 of 4 PageID 393 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