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Charles K. Middleton Attorney at Law, Inc.

rng Stewart Street Lafayette, LA 70501

ch uck@callchuck247.com www.callchuck247.com

FAX COVER SHEET

DATE: 11-2-15

TO: Busted In AcadianaFROM: CHARLES K. MIDDLETON

RE: Petition and Answer in Murry v. Leger and Pope

PAGES: 12 inclusive of cover sheet

Please see attached correspondence and attachment

Thanks,

Chuck

(F A:<)3372320786

If you receive this fax transmission in error, please return the same immediately to the captioned office via fax, U.S. Mail, or hand-delivery. This communication is confidential in nature

P.001/011

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C. RAY MURRY and 15™ JUDICIAL DISTRICT C. RAYMURRY,ATTORNEY ATLAW,LLCVERSUS LAFAYETTE PARISH, LOUISIANA CHAD LEGER and BRIAN POPE DOCKET NUMBER JO 10 ':Pl 1 F

PETITION FOR INJUNCTION DIV.11F11 .

Now into Court comes C. RAY MURRY and C. RAY MURRY, ATTORNEY AT LAW, LLC (Murry) to petition for a temporary restraining order, preliminary injunction and permanent injunction against CHAD LEGER and BRIAN POPE for the following:

1.

Made defendants herein are: CHAD LEGER, an individual of the full age of majority, domiciled at P. 0. Box 2, Scott, Louisiana 70583BRIAN POPE, an individual of the full age of majority, domiciled at 95 Woods Crossing, #200, Lafayette, Louisiana 70508

2.

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Murry is a private citizen and an· attorney-at-law whose primary practice is located at 1680 Old Spanish Trail, Slidell, Loui�iana under the name "C. Ray Murry, Attorney at Law, LLC". His practice is focused on the representation of injured workers under the Louisiana state workers compensation laws.

3.

Mark Garber (Garber) is an attorney-at-law whose practice is located at 2000 West Congress Street, Lafayette, Louisiana under the name, Mark T. Garber, Attorney at Law, LLC. Mr. Garber is currently a candidate for Sheriff of Lafayette Parish.

4.

Garber and Murry are friends and have a collaborative practice through their respective Lafayette and Slidell offices and web sites. However, there is no formal firm or partnership arrangement and Murry has no involvement with the Garber campaign by way of financial contributions or participation in the Garber campaign organization.

5.

Chad Leger is a candidate for Sheriff for Lafayette Parish in the pending election.

WALK-THRU 1 STAMPliO QQpy GIVEN

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per se and presumed to cause injury. In this instance, the injury is in·eparable because the fact of

the publication is known (direct mail, press conference, social media) but the total number of

recipients of the publication are unknowable due to the methods of transmission.

15.

Murry has already suffered irreparable harm due to the publication of the false statements

by the Defendants quoted herein in connection with the primary election which concluded on

October 24, 2015. Irreparable harm will continue and will be compounded ifthe false statements

are repeated in the run-off election between Mark Garber and Chad Leger scheduled for

November 21, 2015.

16.

In light of the above, and the irreparable injury, loss, and damage to Murry's personal and f

professional reputation and his economic wellbeing if these false statements are repeated or

perpetuated by Chad Leger or his supporters including Brian Pope, a temporary restraining order

should issue prohibiting Chad Leger, his campaign organization and supporters including Brian

Pope from utilizing the name of "C. Ray Murry" or "C. Ray Murry, Attorney at Law, LLC" in

any written, oral or photo, video or digital formats including social media, email, press releases,

flyers and that any existing media or campaign literature referencing "C. Ray Murry", "C. Ray

Murry, Attorney at Law, LLC" or Garber's "two-man law finn" in the possession of or under the

control Chad Leger, his campaign organization and supporters including Brian Pope be

immediately discontinued and removed from use or circulation.

l 7.

Because of the certainty of the content of the campaign literature and the fact that it is

defllll)atory per se, a nominal bond should be ordered in the amount of$ ____ to secure

the defendants in the event of a wrongful issuance of the temporary restraining order.

18.

Defendants should also be ordered to show cause why a preliminary writ of injunction in

the form and substance of the temporary restraining order should not issue herein.

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19.

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In due course, a final injunction should issue hel'ein in the form and substance of the said

temporary restraining order.

WHEREFORE, Plaintiffs, C. Ray Murry and C. Ray Murry, LLC pray that the

defendants, CHAD LEGER and BRIAN POPE be served with a certified copy of this Petition,

the Temporary Restraining Order, a Rule to Show Cause why the Preliminary Injunction should

not be granted, and an Order of the Court assigning the date and hour of the trial thereon, and,

after due proceedings, that there be judgment in favor of the Plaintiffs, C. RAY MURRY AND

C. RAY MURRY, LLC and against defendants, CHAD LEGER and BRIAN POPE, as follows:

1. Before a hearing can be had, that a temporary restraining order issue, preventing,

restraining, enjoining and prohibiting a temporary restraining order should issue prohibiting

Chad Leger, his campaign organizatioµ and supporters including Brian Pope from utilizing the

name or likeness of "C. Ray Murry" or "C. Ray Murry, Attomey at Law, LLC" or Mark

Garber' s "two man law firm" in any written, oral, photographic, video or digital formats

including but not limited to social media, email, press releases, flyers and that any existing media

or campaign literature referencing the name or likeness of "C. Ray Murry" or "C. Ray Murry,

Attorney at Law, LLC" or Mark Garbet's "two man law firm" in the possession of or under the

control Chad Leger, his campaign organization and supporters including Brian Pope be

immediately discontinued and removed from use or circulation, '

2. Ordering the issuance of a Rule to Show Cause Why a Preliminary Writ of

Injunction in the form and substance of the above Temporary Restraining Order directed to

defendant;

3. After due proceedings had, the issuance of a Final Injunction in the form and

substance of the Temporary Restraining; and

4. For all general and equitable relief.

[Signature page and service instructions fo!Jow on next page J

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C.RAYMURRY 15TH JUDICIAL DISTRICT COURT

VERSUS DOCKET NO: C-2015.5277F

CHAD LEGER, ET.AL. PARISH OF LAPA YETTE

ANSWER TO PETITION FOR INJUNCTION

NOW INTO COURT THROUGH UNDERSIGNED COUNSEL, comes

BRIAN POPE (hereinafter referred to as "Pope"), individually, who Answer's the

petitioner's allegations as follows:

1.

Pope admits he is a major domiciliary of Lafayette, Louisiana.

2.

3.

The allegations contained in paragraph No. 3 require no answer.

4.

The allegations contained in paragraph 4 require no answer.

5.

The allegation contained in paragraph 5, are admitted as public record

6.

The allegations contained in paragraph 6 are expressly denied as Pope's

Press Advisory (in his official capacity as The Lafayette City Marshal) dated

October 7, 2015, and·which press conference was held October 8, 2015, by Pope

as City Marshal, and at no time before, during or following Marshal Pope's press

conference did he expressly or tacitly endorse Chad Leger as candidate for the

sheriff's race in Lafayette Parish.

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,

7.

The allegations contained in paragraph 7, are admitted with the correction

at the end of paragraph 1 of the text, which should read, " ... they can file worker

compensation claims without the fear of being deported." In further answer to the

allegations contained in paragraph 7, Pope avers that nowhere in his press

conference itself as the City Marshal or the City Marshal's transcript summarizing

the press conference did he mention, name, defame, slander or otherwise speak

the name of petitioner.

8.

The allegations contained in paragraph 8, are expressly denied to the extent

that the highlighted text contained therein was an extraction of the undersign's

"lawyer to lawyer" October 16, 2015 written reply to correspondence petitioner's

counsel directed to Pope, as then acting as counsel for The Independent, a local

newspaper. Nowhere in the text of the reply highlighted therein is there any

mention of any individual including petitioner. Furthermore and most interesting

is while petitioner alleges defamation of character herein by Chad Leger and Brian

Pope as individuals residing in Lafayette Parish, the undersign's October 16,

2015, lawyer-to-lawyer reply correspondence to petitioner's counsel, then acting

as counsel for The Independent, was published in it's entirety on the world wide

web via The Independent 's web-site and FaceBook page the following days after

the undersigned hand-delivered the October 16, 2015 to petitioner's counsel then

representing The Independent.

9.

The allegations contained in paragraph 8, require no answer by Pope.

10.

The text of paragraph 10 does not require an answer, as the same is a legal

issue.