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PLAINTIFF’S MOTION TO LIFT STAY Page 1
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
ROBERT GRODEN,
Plaintiff,
V.
CITY OF DALLAS, et al
Defendants.
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CIVIL ACTION NO.
3:10-cv-01280-F
PLAINTIFF’S MOTION TO LIFT STAY
TO THE HONERABLE JUDGE OF SAID COURT:
NOW COMES Robert Groden, Plaintiff, and files this his Motion to Lift Stay, and for
same would show unto the Court as follows:
I.
Plaintiff’s counsel has communicated with Defendants’ counsel requesting its position on
this Motion, but to date, has received no response.
II.
This Court had temporarily stayed this action pending ruling by the County Criminal
Court of Appeals No. 1 on Defendant City of Dallas’ appeal of the Municipal Court’s Order
dismissing the criminal charges that led to Plaintiff’s arrest, incarceration, and prosecution, as
well as the seizure and sequestration of his property, all of which Plaintiff maintains were
without authority of law.
III.
Plaintiff’s legal position was first buttressed by the Municipal Court’s decision to dismiss
the criminal charges at issue. His position has now been further vindicated by the decision of the
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PLAINTIFF’S MOTION TO LIFT STAY Page 2
County Criminal Court of Appeals No. 1, dated February 15, 2013, a true and correct copy of
which is attached hereto as Exhibit A.
IV.
The basis for this Court’s temporary stay of this action has now been removed.
Accordingly, Plaintiff requests that the stay be lifted and that the case proceed to trial in due
course.
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that this Court’s Stay Order
be lifted and that this case be set for trial at the Court’s earliest convenience, and that Plaintiff
have such other and further relief to which he may be entitled.
Dated this 25th
day of February, 2013.
Respectfully submitted,
/s/ D. Bradley Kizzia
D. BRADLEY KIZZIA
State Bar No. 11547550
BROWN FOX KIZZIA & JOHNSON PLLC
750 N. St. Paul Street, Suite 1320
Dallas, Texas 75201
(469) 893-9940
(214) 651-3330 FAX
ATTORNEY FOR PLAINTIFF
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PLAINTIFF’S MOTION TO LIFT STAY Page 3
CERTIFICATE OF SERVICE
The undersigned certifies that a true and correct copy of the above and foregoing
instrument has been forwarded to all counsel of record on the 25th
day of February, 2013, in
accordance with the Federal Rules of Civil Procedure.
/s/ D. Bradley Kizzia
D. BRADLEY KIZZIA
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Defendants’ Response to Plaintiff’s Motion to Lift Stay and Response to the Court’s Order Staying Case
Robert Groden v. City of Dallas, et al.; Civil Action No. 3:10-CV-1280-F Page 1
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
ROBERT GRODEN, §
Plaintiff, §
§ CIVIL ACTION NO.
v. §
§ 3:10-CV-1280-F
CITY OF DALLAS, et al., §
Defendants. §
DEFENDANTS’ RESPONSE TO PLAINTIFF’S MOTION TO LIFT STAY
AND RESPONSE TO THE COURT’S ORDER STAYING CASE
TO THE HONORABLE COURT:
Defendants file their response to Plaintiff’s Motion to Lift Stay, filed on 25 February
2013 (the “Motion”) (ECF #80). Defendants do not oppose the relief sought in the Motion.
I. RESPONSE TO THE MOTION
The City of Dallas (the “City”) had appealed an order quashing an misdemeanor informa-
tion against Plaintiff, Robert Groden. The information against Groden was founded on an arrest
that is the subject matter of this litigation. This Court stayed proceedings in this case pending a
resolution of that appeal by the County Criminal Court of Appeals. (See Order Holding Motions
in Abeyance and Staying Case, entered on 4 November 2011 (ECF #69).)
The County Criminal Court of Appeals entered an opinion affirming the municipal court
judgment on 15 February 2013. (See Exhibit “A” to the Motion (ECF #80-1).) Unfortunately,
the appellate court did not transmit a copy of its opinion to the appellant-City, and the City first
learned that the appellate court had entered its opinion via an e-mail communication received
from Plaintiff’s counsel late in the afternoon on Friday, 22 February 2013.
The Court’s order staying this case directed Defendants “to submit to the Court an
Advisory stating the outcome of the appellate decision and whether the City will prosecute Mr.
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Defendants’ Response to Plaintiff’s Motion to Lift Stay and Response to the Court’s Order Staying Case
Robert Groden v. City of Dallas, et al.; Civil Action No. 3:10-CV-1280-F Page 2
Groden for the activities that gave rise to his Complaint in this case.” (See ECF #69.) Before
Defendants had the opportunity to notify the Court, Plaintiff filed his Motion at 12:27 p.m. on
Monday, 25 February 2013. Because Plaintiff’s Motion had already informed the Court of the
appellate court’s disposition of the City’s appeal, the City did not separately inform the Court
that the appellate court had reached a decision.
II. RESPONSE TO ORDER STAYING CASE
The City will not further appeal the municipal court’s order quashing the misdemeanor
information against Groden. Therefore, the City cannot further prosecute Mr. Groden in with
respect to his actions that gave rise to that misdemeanor charge.
For these reasons, Defendants do not oppose the relief that Groden seeks in his motion.
The Court should lift the stay imposed by the Court’s 4 November 2011 order, subject to the
motions that have been held in abeyance during the stay.
Respectfully submitted,
THOMAS P. PERKINS, JR.
Dallas City Attorney
s/ JASON G. SCHUETTE
Executive Assistant City Attorney
Texas Bar No.17827020
JAMES C. BUTT
Senior Assistant City Attorney
Texas Bar No. 24040354
City Attorney’s Office
1500 Marilla Street, Room 7B North
Dallas, Texas 75201
Telephone: (214) 670.3519
Telecopier: (214) 670.0622
Attorneys for Defendants
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Defendants’ Response to Plaintiff’s Motion to Lift Stay and Response to the Court’s Order Staying Case
Robert Groden v. City of Dallas, et al.; Civil Action No. 3:10-CV-1280-F Page 3
CERTIFICATE OF SERVICE
I certify that on 28 February 2013, I electronically filed the foregoing document with the
clerk of court for the U.S. District Court, Northern District of Texas, using the electronic case
filing system of the court. The electronic case filing system sent a “Notice of Electronic Filing”
to the following attorneys of record who have consented in writing to accept this Notice as
service of this document by electronic means:
Alex R. Tandy
Attorney at Law
777 Lonesome Dove Trail
Hurst, Texas 76054
Attorney for Plaintiff
D. Bradley Kizzia
Brown Fox Kizzia & Johnson PLLC
750 N. St. Paul Street, Suite 1320
Dallas, Texas 75201
Attorney for Plaintiff
s/ J. G. Schuette
Executive Assistant City Attorney
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