99/23/2009 17:06 2146597991 ‘95TH DISTRICT COURT PAGE @1/a5
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CAUSE NO. 09-07085
RICHARD FLEMING § IN THE DISTRICT COURT“,
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CARROLLTON-FARMERS BRANCH §
INDEPENDENT SCHOOL DISTRICT §
AND LYNN CHAFFIN, in her capacity § \ ee
Presiding Officer § DALLAS COUNTY, ‘TEXAS
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RESPONDENTS’ MOTION FOR STAY
TO THE HONORABLE JUDGE OF SAID COURT:.
COME NOW the Carrollton-Farmers Branch Independent School District
(“C-FBISD”) and Lynn Chaffin, in her capacity as Presiding Officer (collectively
“Respondents”), and hereby respectfully request that the Court stay enforcement of the
Court’s Order and Final Judgment, each signed on September 21, 2009, until October 16,
2009, or until such time as the Court determines would be proper under the law but not
less than seventy-two (72) hours, and, in support thereof, would respectfully show the
Court the following:
1. On September 13, 2009, the C-FBISD Board of Trustees by Resolution
ordered a Special Election for November 3, 2009, to fill a vacancy in Board of Education
Trustee Place 4 for the unexpired term, the Trustee Place in dispute in this cause.
Pursuant to Section 11.060 of the Texas Education Code an election must be held within
180 days to fill the vacancy in Board of Education Trustee Place 4. November 3, 2009, is
the only election date that may be used so as to comply with the 180 day requirement in
the Texas Education Code related to ordering an election.
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2, Four individuals have filed applications for a place on the ballot seeking the
Place 4 seat on the C-FBISD school board.
3. The deadline to file a ballot application was August 28, 2009, and is now
closed.
4. Pursuant to page 5, paragraph 9, of the order calling the Special Election
(Respondents’ Exhibit No. 13), C-FBISD entered into contracts with both Dallas County
and Denton County to conduct the Special Election.
5. Barly voting begins on October 19, 2009 and runs through October 30,
2009.
6. It is unclear whether Dallas County and Denton County are required to
cancel the Special Election on November 3, 2009, because the Court did not specifically
enjoin the holding of the Special Election.
7. Respondents respectfully disagree with the Court’s position and contend
that the vacancy in Board of Education Trustee Place 4 must be filled pursuant to Section
11.060 of the Texas Education Code. Respondents intend to appeal the Final Judgment
of this Court to the Fifth Court of Appeals related to the Court’s Order to seat Richard
Fleming that conflicts with the Special Election ordered by the C-FBISD Board of
Trustees. Respondents will timely and diligently appeal the Final Judgment of this
Court, and request the Appellate Court to act as quickly as possible and prior to the
Special Election.
PRAYER
WHERREFORE, Respondents respectfully request that the Court stay execution
RESPONDENTS” MOTION TO STAY, RAGE2OF 59/23/2003 17:06 2148537991 95TH DISTRICT COURT PAGE 03/05
SEP/22/2009/T08 03:13 PM J. D\_éNE EWING LAW PAX No, 214 875 3 P, 002
Hobert E. Luna Pc, Fawztesen-arad Sop Zz aw us:zipm HUUZ/OuL
of the Final Judgment until October 16, 2009, or nntil such time as the Court determines
would be proper under the law but not less than seventy-two (72) hours, to, provide
Respondents with time to seek appellate relief ar indicate that they no longer desire to
appeal the judgment.
Respectfully submitted,
LAW OFFICES OF ROBERT E, LUNA, P.C.
By: : br
Robert E. Luna
Bar No. 12693000
4411 North Central Expressway
Dallas, Texas 75205
(214) 521-8000
(214) 521-1738 FAX
ATTORNEY FOR CARROLLTON-
FARMERS BRANCH INDEPENDENT
SCHOOL DISTRICT, RESPONDENT
JLAW OFFICES OF J. DARLENE EWING
1 Ewing
Bar No. 06755450
605 Highway 80 Bast, Ste. A
‘Sunnyvale, Texas 75182
(214) 221-2600
14) 575-8350 FAK
ATTORNEY FOR LYNN CHAFFIN IN HER
CAPACITY AS PRESIDING OFFICER,
RESPONDENT