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(FA:<)3372320786

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 Acadiana
FROM: 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
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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1111/llllllJJ/!IJIIII/I/Ill

15 JUDICIAL DISTRICT
C. RAY MURRY and
C. RAYMURRY,ATTORNEY ATLAW,LLC
VERSUS

LAFAYETTE PARISH, LOUISIANA

CHAD LEGER and BRIAN POPE

DOCKET NUMBER

PETITION FOR INJUNCTION

JO 10 ':Pl 1

DIV. F
11

11 .

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:
Made defendants herein are:

1.

CHAD LEGER, an individual of the full age of majority, domiciled at

P. 0. Box 2, Scott, Louisiana 70583

BRIAN POPE, an individual of the full age of majority, domiciled at

95 Woods Crossing, #200, Lafayette, Louisiana 70508

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2.

Murry is a private citizen and an attorney-at-law whose primary practice is located at

1680 Old Spanish Trail, Slidell, Louiiana 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

STAMPliO QQpy GIVEN

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per se and presumed to cause injury. In this instance, the injury is ineparable 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.
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 organizatio 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 pageJ

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,,

C.RAYMURRY

15TH JUDICIAL DISTRICT COURT

VERSUS

DOCKET NO: C-2015.5277F

CHAD LEGER, ET.AL.

PARISH OF LAPAYETTE

P.008/011

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, andwhich 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.