CAUSE NO. D-1-GN-16-002211
VIRGINIA DIANE LEWIS, Individually
and as Next Friend to C.J.L.; JENNIFER
RUTH RUMSEY, Individually and as
Next Friend to K.L.O.; JENNIFER
TAYLOR, Individually and as Next
Friend to C.M.T.; TERRI RENAE
HENSON, Individually and as Next
Friend to A.K.H.; NICOLE RECHNER,
Individually and as Next Friend to D.F.
and T.M.; and AHLEY WITHERS
GAGNON, Individually and as Next
Friend to A.C.G.,
Plaintiffs
v.
MIKE MORATH, in his official capacity
as Commissioner of the Texas Education
Agency,
Defendant.

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IN THE DISTRICT COURT OF

TRAVIS COUNTY, TEXAS

98th JUDICIAL DISTRICT

DEFENDANT’S NOTICE OF APPEAL AND NOTICE OF AUTOMATIC STAY
TO THE HONORABLE JUDGE OF THIS COURT:
Defendant, Mike Morath, in his official capacity as Commissioner of the Texas Education
Agency (“DEFENDANT”), hereby files his Notice of Appeal, and in support thereof, would show
this Court the following:
1.

On August 21, 2016, this Court signed an order denying Defendant’s Plea to the

Jurisdiction.
2.

Pursuant to Section 51.014 of the Texas Civil Practice and Remedies Code, the

denial of any part of a plea to the jurisdiction asserted by a governmental unit is an interlocutory
order that is immediately appealable. See TEX. CIV. PRAC. & REM. CODE § 51.014(a)(8). In this
case, Defendant appeals the Court’s denial of his plea to the jurisdiction.

 3.

Defendant filed his plea within 180 days of Plaintiff’s Original Petition; thus, this

appeal automatically stays the trial and all other proceedings of this matter in the district court
pending resolution of this appeal. See TEX. CIV. PRAC. & REM. CODE §§ 51.014(b).
4.

Defendant makes this appeal to the Court of Appeals for the Third District.

5.

Notice is further given that pursuant to TEX. CIV. PRAC. & REM. CODE § 6.001,

Defendant is not required to file a bond. Defendant’s appeal is therefore perfected upon the filing
of the notice of appeal.
Date: September 7, 2016

Respectfully submitted,
KEN PAXTON
Attorney General of Texas
JEFFREY C. MATEER
First Assistant Attorney General
BRANTLEY STARR
Deputy First Assistant Attorney General
JAMES E. DAVIS
Director of Defense Litigation
ANGELA V. COLMENERO
Chief, General Litigation Division
/s/ Esteban Soto
ESTEBAN SOTO
State Bar No. 24052284
H. CARL MYERS
State Bar No. 24046502
GENERAL LITIGATION DIVISION
ANDREW LUTOSTANSKI
State Bar No. 24072217
ADMINISTRATIVE LAW DIVISION
Assistant Attorneys General
P.O. Box 12548
Austin, Texas 78711-2548
esteban.soto@texasattorneygeneral.gov
2

 carl.myers@texasattorneygeneral.gov
andrew.lutostanski@texasattorneygeneral.gov
Telephone: (512) 475-4054
Facsimile: (512) 320-0667

ATTORNEYS FOR COMMISSIONER MORATH
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of Defendant’s Notice of Appeal via electronic
filing on this the 7th day of September, 2016, to:
R. Scott Placek
Kyle M. Jones
ARNOLD & PLACEK, P.C.
203 East Main Street, Suite 201
Round Rock, Texas 78664
splacek@arnoldplacek.com
kjones@arnoldplacek.com

ATTORNEYS FOR PLAINTIFF
/s/ Esteban S.M. Soto______________
ESTEBAN S.M. SOTO
Assistant Attorney General

3

  12:56 345TH DISTRICT COURT 

 

?llet! In The District Court
2 of ravis County. Texas
.  2 2015 EC
CAUSE NO. mm 61 M,
\i?aiva L. Price. District Clerk
VIRGINIA DIANE LEWIS, Individually and IN THE DISTRICT COURT OF

as Next Friend to JENNIFER RUTH
RUMSEY, Individually and as Next Friend to
JENNIFER TAYLOR, Individually
and as Next Friend to TERRI
RENAE HENSON, Individually and as Next
Friend to NICOLE RECHNER,
Individually and as Next Friend to BF. and
and ASHLEY WITHERS GAGNON,
Individually and as Next Friend to A.C.G., TRAVIS COUNTY, TEXAS
Plaintiffs,

V.

MIKE MORATH, in his of?cial capacity as
Commissioner of the Texas Education

Agency,
Defendant. 98'? JUDICIAL DISTRICT

 

ORDER DENYING PLEA TO THE JURISDICTION
On this day came on for hearing, Defendant?s Plea to the Jurisdiction. The Court, having
considered the ?lings, evidence and arguments of the parties, ?nds that Defendant?s Plea to the
Jurisdiction should be, in all things, DENIED.
Therefore, it is ORDERED, ADJUDGED and DECREED that Defendant?s Plea to the

Jurisdiction is, in all things, DENIED.

9
SIGNED and ENTERED this i day of  2016.

?j 1/

on

EXHIBIT A
P.ai