CAUSE NO.

DC-16-15431
MICHAEL S. RAWLINGS,
individually, as a resident of the
City of Dallas,
Plaintiff,
v.
THE BOARD OF TRUSTEES OF
THE DALLAS POLICE AND FIRE
PENSION SYSTEM and
THE DALLAS POLICE AND FIRE
PENSION SYSTEM,
Defendants.

IN THE DISTRICT COURT

DALLAS COUNTY, TEXAS

116th JUDICIAL DISTRICT

PLAINTIFFS EMERGENCY MOTION FOR EXPEDITED DISCOVERY

TO THE HONORABLE JUDGE OF SAID COURT:

Pursuant to the Texas Rules of Civil Procedure, Plaintiff Michael S. Rawlings
(Plaintiff) respectfully asks the Court to grant permission to take limited discovery in
advance of the answer date and respectfully shows the Court as follows:
1.

Tex. R. Civ. P. 196.3(a) and Tex. R. Civ. P. 197.2(c) provide for expedited

written discovery upon order of the Court. Likewise, Tex. R. Civ. P. 199.1(c) provides for
deposition testimony prior to the appearance day upon leave of Court.
2.

Plaintiff anticipates that a prompt injunction hearing will be held, and that

such hearing could occur before the Board of Trustees of the Dallas Police and Fire Pension
System (the Board) and the Dallas Police and Fire Pension Systems (the Pension
System) (collectively, Defendants) answers are due. Plaintiff needs and requests limited

PLAINTIFFS EMERGENCY MOTION FOR EXPEDITED DISCOVERY

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discovery to adequately prepare for the evidentiary burden that Plaintiff must meet at the
temporary injunction hearing. Therefore, good cause exists for the immediate entry of an
order expediting discovery in this case.
3.

Specifically, Plaintiff requests leave to immediately conduct the following

limited discovery before the hearing on the application for temporary injunction:
a. That Defendants shall delivervia hand delivery or electronic serviceto
Plaintiffs counsel by 5:00 p.m. no later than five (5) calendar days after
service of this Order:
i. all actuarial valuations of the Pension System that were provided to
the Board from January 1, 2016 to present;
ii. all financial audits of the Pension System that were provided to the
Board from January 1, 2016 to present;
iii. all liquidity analyses of the Pension System that were provided to
the Board from July 1, 2016 to present;
iv. all Board Meeting Agendas and Board Meeting Minutes
approved and unapprovedfrom July 1, 2016 to present, regarding
the Boards consideration of restricting or limiting Deferred
Retirement Option Plan (DROP) withdrawals;
v. all written communications Board Members have exchanged with
one another and/or Executive Director Kelly Gottschalk regarding
DROP withdrawals from August 1, 2016 to present;
vi. all written communications the Pension System or Board has
exchanged with the members and staff of the Texas Legislature or

PLAINTIFFS EMERGENCY MOTION FOR EXPEDITED DISCOVERY

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the Texas Pension Review Board regarding DROP withdrawals

from August 1, 2016 to present;
vii. all DROP update briefing material that Executive Director Kelly
Gottschalk has provided to the Board from August 1, 2016 to
present;
viii. DROP account information from July 1, 2016 to present, detailing
(1) the number of Active DROP Participants per week; and (2) the
number of Retired DROP Participants per week;
ix. DROP balance information from July 1, 2016 to present, detailing
(1) the number of DROP withdrawal requests and monetary sum
of total DROP withdrawals per week; and (2) the weekly balance
in said DROP accounts from July 1, 2016 to present;
x. financial reports that detail the Pensions Systems total assets,
month-to-month, including its asset allocations, from July 1, 2016
to present; and
xi. retirement statistics that detail, by month, the number of City
police officers and firefighters who have retired from August 1,
2016 to present.
b. That Plaintiff shall be permitted to take the deposition of Board Chairman
Samuel L. Friar, the Corporate Representative of the Pension System, and
Executive Director Kelly Gottschalk (unless Kelly Gottshalk is designated
the Corporate Representative of the Pension System, in which case
Plaintiff shall be permitted to depose the lead actuary of the Segal

PLAINTIFFS EMERGENCY MOTION FOR EXPEDITED DISCOVERY

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Consulting Actuarial Valuation and Review of the Pension System as of January

1, 2016), should Plaintiff deem necessary, upon receipt of the responsive
documents contemplated above and upon three (3) days notice from
Plaintiffs counsel, with the deposition occurring at the office of
Defendants counsel.
4.

This discovery is necessary and not burdensome. It is essential to allow

Plaintiff to fully prepare for the injunction hearing and to discover the full magnitude of the
Boards violations of its ministerial duties.
5.

Plaintiff agrees that Defendants be permitted to conduct similar discovery on

an expedited schedule upon their request, limited to eleven (11) requests for production and
a deposition of Plaintiff, as necessary.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests that the
Court immediately enter an order allowing expedited discovery as prayed for herein, and for
such other and further relief, both at law and in equity, to which Plaintiff may be justly
entitled.

PLAINTIFFS EMERGENCY MOTION FOR EXPEDITED DISCOVERY

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Respectfully submitted,
GRUBER ELROD JOHANSEN HAIL SHANK LLP
By: Jason T. Weber
G. Michael Gruber
Texas State Bar No. 08555400
mgruber@getrial.com
Brian N. Hail
Texas State Bar No. 08705500
bhail@getrial.com
Jason T. Weber
Texas State Bar No. 24075251
jweber@getrial.com
1445 Ross Avenue, Suite 2500
Dallas, Texas 75202
Telephone: (214) 855-6800
Facsimile: (214) 855-6808
Attorneys for Plaintiff Michael S. Rawlings
CERTIFICATE OF CONFERENCE
Pursuant to Local Rule 2.07, an emergency exists of such nature that further delay
would cause irreparable harm. Specifically, it is imperative that this motion be filed and
served contemporaneously with Plaintiffs Original Verified Petition so that it may be heard
as expeditiously as possible. Conferencing before the filing of Plaintiffs Original Verified
Petition is not feasible; however, counsel will endeavor to conference with Defendants
counsel after this motion is filed and served in order to determine whether any of the items
presented can be resolved without the need for judicial intervention.
Certified to the 5th day of December, 2016 by:
/s/ Jason T. Weber
Jason T. Weber

PLAINTIFFS EMERGENCY MOTION FOR EXPEDITED DISCOVERY

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CERTIFICATE OF SERVICE
I certify one true and correct copy of the foregoing instrument was served on
Defendants via hand delivery, contemporaneously with the service of Plaintiffs Original
Verified Petition, this 5th day of December, 2016.

/s/ Jason T. Weber

Jason T. Weber

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