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99/23/2009 17:06 2146597991 ‘95TH DISTRICT COURT PAGE @1/a5 Vw Y CAUSE NO. 09-07085 RICHARD FLEMING § IN THE DISTRICT COURT“, Z ve § * § CARROLLTON-FARMERS BRANCH § INDEPENDENT SCHOOL DISTRICT § AND LYNN CHAFFIN, in her capacity § \ ee Presiding Officer § DALLAS COUNTY, ‘TEXAS a 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. 7 STAY, PAGE 1 OF § es/23/2003 17:05 2148837991 95TH DISTRICT COURT PAGE 02/05 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 5 9/23/2003 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