03/11/2011 FRI 16:28 FAX UUU2/U22

CAUSE NO. DC11-02497

DWAINE R. CARAWAY IN THE DISTRICT COURT

Plaintiff
v.

GREGG ABBOTT, ATTORNEY GENERAL

OF STATE OF TEXAS, and
CITY OF DALLAS
Defendants
AND 68" JUDICIAL DISTRICT

THE DALLAS MORNING NEWS, INC.

Intervenor

THE DALLAS MORNING NEWS, INC.

Cross-Claim Plaintiff
v.

CITY OF DALLAS DALLAS COUNTY, TEXAS

PLAINTIFF'S MOTION TO ORDER DEFENDANT CITY OF DALLAS

TO PRODUCE MATERIAL AND MOTION TO EXTEND
TEMPORARY RESTRAINING ORDER

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, DWAINE R. CARAWAY, Plaintiff in the above-entitled cause, and files this

Motion to Order Defendant City of Dallas to Produce Material and Motion to Extend Temporary

Restraining Order as permitted under Texas Rule of Civil Procedure 680, and in support thereof

would show the Court the following:

(I IONTO ORDER DFrFENDANT CITY OF DALLAS To PRODUCE

I.

On March 7, 2011, Plaintiff filed his Original Petition and Application for Temporary

Restraining Order and Temporary Injunction, complaining of Gregg Abbott, Attorney General of

Plaintiffs Motion to Order City of Dallas to Produce Material

and Motion to Extend Temporary Restraining Order Page 1
03/11/2011 FRI 16:29 FAX 40003/022

State of Texas and City of Dallas, On March 8, 2011, Plaintiff filed his First Amended Original

Petition and First Amended Application for Temporary Injunction and Application for Temporary

Injunction.

The Court conducted a hearing on Plaintiff's Application for Temporary lnj unct on on March

8, 2011. After considering the application and argument of counsel, the Court granted a temporary

restraining order, preventing the City of Dallas from releasing or disclosing the material at issue to

the public.

After the hearing, Plaintiff's counsel contacted Mr. Perkins, City Attorney for the City of

Dallas, and requested a copy of the material at issue. Counsel made arrangements to meet to discuss

the release of the material at issue. Said meeting took place on March 9, 2011, at which time, Mr.

Perkins stated that he believed that the restraining order prevented him from providing a copy of the

material at issue to Plaintiffs counsel. Mr. Perkins agreed to provide a formal response to Plaintiff's

counsel's request by the next day.

On March 10, 2011, Plaintiffs counsel received a written response from the City Attorney,

wherein he stated that because of the pending temporary restraining order he was unable to release

a copy of the requested disc to Plaintiffs counsel. A true and correct copy of the City Attorney's

letter is attached hereto as Exhibit "A.".

II.

Plaintiff will be highly prejudiced if he is not permitted to have access to material at issue,

as such is necessary for Plaintiffs counsel to properly and adequately prepare for the injunction

hearing currently scheduled for March 22, 2011. As such, Plaintiff has no other remedy but to ask

Plaintiffs Motion to Order City of Dallas to Produce Material

and Motion to Extend Temporary Restraining Order Page 2
03/11/2011 FRI 16:29 FAX 0004/022

for an extension of the Temporary Restraining Order. As evidenced by Exhibit "A", the City

Attorney is not opposed to producing a copy of the material at issue to Plaintiff's counsel, but

believes doing so without a Court Order, could be in violation of the existing Temporary Restraining

Order.

As such Plaintiff prays that the Court conduct a hearing on Plaintiff's Motion to Order

Defendant City of Dallas to Produce Material and issue an Order, allowing City of Dallas to release

the material at issue to Plaintiff's counsel. By seeking this Order, Plaintiff does not intend to make

the material at issue subject to disclosure to any other person or entity and as such, is requesting that

the production of the material to Plaintiff's counsel be subject to a protective order.

OTION TO EXTEND TEMPORARY RESTRAINING ORDER

I.

As stated above, Defendant City of Dallas has refrained from voluntarily producing a copy

of the material at issue to Plaintiff's counsel, stating that doing so could be in violation of the Court's

Remporary Restraining Order issued on March 8,2011.

Plaintiff has asked the Court to issue an Order permitting the limited release of the material

at issue to Plaintiff's counsel's so that Plaintiff's counsel can adequately prepare for the inunction

hearing. Plaintiff believes that the Court will issue such an Order and that the material at issue will

be produced to Plaintiff's counsel. However, such and Order cannot he issued before March 22,

2011, which is the scheduled date of the injunction hearing.

As such, Plaintiff prays that Court extend the Temporary Restraining Order as permitted

under Texas Rule of Civil Procedure 680 for an additional fourteen (14) days (until April 5,2011),

Plaintiff's Motion to Order City of Dallas to Produce Material

and Motion to Extend Temporary Restraining Order Page 3
 LaJ U UDIU Z z
03/11/2011 FRI 16:29 FAX

and reset the hearing on Plaintiffs Amended Application for Temporary Injunction to that date.

Plaintiff will be highly prejudiced if his counsel is not afforded adequate time after receiving

a copy of the material at issue, to prepare for the temporary injunction hearing.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiffrespectfully requests that the Court

issue and Order extending the Temporary Restraining Order for fourteen (14) days from March 22,

2011, and thereafter reset the hearing on Plaintiffs Amended Application for Temporary Injunction

to that same date. Plaintiff further request such other relief to which he may show himself to be

justly entitled, at law and in equity.

Respectfully Submitted,

PAYMA, KUHNEL & SMITH, P.C.

Midway Tower
4230 LBJ Freeway, Suite 121
Dallas, Texas 75244
(214) 999-0000 (
(214) 999-1111 FacSille

By:
MICHAEL D. PAVIAIA
State Bar No.: 00790560
SAMMIE M. SMITH
State Bar No.: 24044902
ATTORNEYS FOR PLAINTIFF

Plaintiff's Motion to Order City of Dallas to Produce Material

and Motion to Extend Temporary Restraining Order Page 4
03/11/2011 FRI 16:29 FAX UUU6/U22

CERTIFICATE OF CONFERENCE

I hereby certify that I personally spoke with Mr. Thomas Perkins, City Attorney for City of
Dallas in order ro reach an agreement on the merits of this Motion. After a detailed conversation,
Mr. Perkins stated that he had "no position" as to this motion] s such a hearing is necessary.

MICHAEL D. PAY^IMA

CERTIFICATE OF SERVICE

I here by certify that a true and correct copy of the foregoing document has been forwarded
to the following by the method indicated on this the 11 TH of Matz-c , 2011.

MICHAEL D. PAYMA

The Honorable Gregg Abbott

Attorney General of the State of Texas
Office of The Attorney General
Open Record Division
P.O. Box 12548
Austin, Texas 78701-2548
Via C.114R.R.R. and Facsimile

Mr. Thomas Perkins

City Attorney
City of Dallas
1500 Marilla Street, Room 7DN
Dallas, Texas 75201
Via Facsimile (214)670-0622

Mr. Paul C. Walter

Jackson Walker, LLP
901 Main Street, Suite 6000
Dallas, Texas 75202
Via Facsimile (214)953-5822

Plaintiffs Motion to Order City of Dallas to Produce Material

and Motion to Extend Temporary Restraining Order Page 5
03/11/2011 FRI 16:29 FAX 0007/022

FIAT

The above and foregoing Motion filed by Movant, having been presented to me and the Court

being of the opinion that a hearing on same is necessary, and;

IT IS THEREFORE ORDERED that said Motion be, and same is hereby set for hearing

on the day of , 2011, at .m. before the Honorable Judge

Snelson, Associate District Judge, Dallas County, Texas.

SIGNED on , 2011.

JUDGE PRESIDING

Plaintiffs Motion to Order City of Dallas to Produce Material

and Motion to Extend Temporary Restraining Order Page 6