Case 1:17-cv-00739-RP Document 1-4 Filed 08/08/17 Page 1 of 34 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION Shiyan Jiang, Plaintiff, v. Texas Commission on Environmental Quality; and Kim Wilson, individually and in her capacities as Director of Water Availability, Defendants. § § § § § CIVIL ACTION NO. ___________ 1:17-cv-739 § § § § § § § INDEX OF DOCUMENTS FILED The following documents from the state court action are attached for filing in this case. 1. Plaintiff’s Original Petition and Request for Disclosures 2. Return of Service – Texas Commission on Environmental Quality 3. Return of Service – Kim Wilson 4. Defendants’ Original Answer 5. Defendants’ State Court Notice of Removal 6. Docket Sheet–Travis County District Court Index of State Court Pleadings Page 1 Case 1:17-cv-00739-RP Document 1-4 Filed 08/08/17 Page 2 of 34 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 Deputy Attorney General for Civil Litigation ANGELA V. COLMENERO General Litigation Division, Division Chief /s/ Michael R. Abrams Michael R. Abrams Texas Bar No. 24087072 Assistant Attorney General Office of the Attorney General General Litigation Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Phone: 512-463-2120 Fax: 512-320-0667 Counsel for Defendants CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document has been served through the Court’s electronic filing system on August 8, 2017: Colin Walsh Robert J. Wiley ROB WILEY, PC 1011 San Jacinto Blvd, Ste 401 Austin TX 78701 cwalsh@robwiley.com /s/ Michael R. Abrams MICHAEL R. ABRAMS Assistant Attorney General Index of State Court Pleadings Page 2 Case Document 1-4 Filed 08/08/17 Page 3 of 34 Case 1:17-cv-00739-RP Document 1-4 Filed 08/08/17 Page 114142.. CAUSE non-1991437093103 by 9, Assured ProseWncy SHYYAN JIANG, Plaintiff V5. TEXAS COMMISSION ON -ENVIROMENTAL QUALITY AND KIM WILSON INDIVIDUALLY AND IN HER CAPACITIES AS DIRECTOR OF WATER AVAILABILITY In Defendant TO: KIM WILSON DIRECTOR OF WATER AVAILABILITY PO BOX 1303? AUSTIN, TEXAS 78711 Defendant, in the above styled and numbered cause: YOU HAVE BEEN SHED. Yen may-employ an attorney. Inyou or your attorney do not file a written answex wi-?h the clerk who issued this citation by 10: OD on the Monday next following the expiration of twenty days after you were served this citation and petition, a -dafault judgment may be taken against you. Attached is a copy of th.a ORIGINAL AND REQUEST FOR DISCLOSURE of the PLAINTIFF in the above st_yled and numbered Cause, -which was filed on JULX 7,201? In the ZSOTH JUDICIAL DISTRICT COURT of Travis County, Austin, Texas. ISSUED AND GIVEN WEBER MY HAND AND SEAL ofsaid'Com't at 03199, 511135 I, 2917. REQUESTED BY: ROBERT JOSEPH WILEY 1911 SAN JACINTO BLVD STE 40: AUSTIN TX 78701 BUSINESS PHONE: (-512) 271-9527 - Travis County Bistriathk Haiti's meaty . MI 99:: 979903 (73797 Austin, m1 PREPARED BY: VICTORIA EENAVIDES Came to hand on the of at o?clock within the County Of on the day of at o?clock I each executed at by delivering to the within named . I in person. a true copy of this citat-ion together with the ORIGINAL PETITION AND REQUEST FOR DISCLOSURE accompanying pieading, having first attached such copy of such citation to such copy of pleading and endorsed on such copy of citation the date of?delivery. service Fee: Sheriff Constable Authorized Person Sworn to and subscribed before me this the ?By; day of i . Printed'mame of Server 1 i County? TeXas Notary Public, :99: STATE or TEXAS QTEETNIW 333 NOT BAIT) 2991 - 990953373 ?FOriginal EEService Cop? ?7 i I Case Document 1-4 Filed 08108/17 Page 5 of 34 7:71:01? 6:45 PM Veiva Price . District Clerk Travis County . 0431534750031 08 CAUSE I - Victoria benavidas SHYYAN IANG, IN THE DISTRICT. COURT Plaintiff, I V. JUDICIAL DISTRICT . TEXAS COMMISSION ON ENVIRONMENTAL and KIM WILSON, individually and in her TRAVIS capacities as Director of Water Availability Defendants. PLAINTIFES ORIGINAL PETITION AND REQUEST FOR DISCLOSURE TO THE HONORABLE DISTRICT COURT IUDGE: Now COMES Plaintiff Shiylan Iiang and ?lessmaimif?s Q?riginiil Petition. and: Request for Disclosures, and resp?ecl?iliy- shows the ?feliewing: A DISCOVERY PLAN 1. Plaintiff intents that this suit gavemedby discovery centibl leirel We. II PARTIES 2. Plaintiff Shiyan Iian?g is an individual whe resides in Williamson 3. Defendant, Texas Commission on Em?ironmental Quality is an agency- established by the State of Texas that may be served Bynsendng its administrative head ORIGINAL PETITION ANDREQUESIFOR DISCLOSURES IO. 11. 12. 13. Case 1:17-cv-00739-RP Document 1-4 Filed?08/08/17_ Page 6 of 34 Defendant .Kiin Wilson is the Director of; Water Availability, is being sned in her" of?cial and individual capacity Ms Wilson may be served at O. Box 13087, Austin, Texas 78711 JURISDICTION AND VENUE Jurisdiction is appropriate because TCEQ is an state ageney and the acts giving rise to this: petition occurred in the State ofTexas; 7 Venue is appropriate because the acts giving riSe to thisiiawsuit Occurred within Travis County; Texas and because TCEQ is headquarter in Travis County. TV FACTS Mr. Shiyan Jiang. ?rst began working at TCEQ tin-July 19., 1993-. For the duration of his employment, Mr. iiangeiways gave his best e??orts. Mr. Jiang? eiways received reviews or?better. In 2008, Mt. Jiang first Went outside his chain of command and complained as a citizen that the way water availability criteria in the e?ode (BOTAC 297 .420) was being applied defrauded the public I A A. After this complaint, Mr Jiang? 3 job stagnated because TCEQ re?ised to promote him In 2012, Mr Jiang went outside of his job functions end broiight his con?ipieints as a citizen to Commissioner Contreras concerning the ?water availability criteria and de?euding the pnb?lic. A In March 2013', Mr. .Jia?ng set a meeting with the WaterOfiioe to discuss the Water Diversion Criteria and management issnee The Water Of?ce refused to discuss the Water Diversion Criteria with him. ORIGINAL PETITIDN AND REQUEST FOR DISCLOSURES 14. 15. 16. I7. 18. 19. 20. 21. 2'2. 23. Case 1:17-cv-00739-RP Document 1-4 Filed 08/08/17 Page 7 of 34 In. July 2013, Mr. Hang. attempted to bringjhis complaints as a citizerr to Commissioner Chairman Shaw. When the Division Director Rita Kellye found out, Mr. ?Jiang? was instructed not to attempt to meet with the Commissioner. In. fact, Mr. Jian? wastolci that failure to cease communications with, the Commissioner would be insubordination. Mr. Jiang was forbidden from, Aialking" to the Commissiooer because of his speech regarding,th TCEQ was defrauding the Public. - i i No other employees were forbidden from contacting the Conimissioners. Indeed, the Cem?ssioners encouraged employees to contact thein? with eoneems, For example? Commissioner Toby Baker sent email to. all TCEQ employs to welcome them to make appointments to meet?him. Sliiyao did request an appoirrirrient, but neirer goi response. In November 2014, Mr. Jiang ?led a complaint with the HR of?ce ,at TCEQ. Mr, Jiang alleged that a TCEQ employee Wes attempting to destroy public record?s-on October 2'7, 2014. Mr. Jiang also alleged that he was being discriminated against because (of his age and race; Mr. Jiang is 72 years old. He is one of the oldest-employees in tlie water-- availability division. Mrzliang is from China and? speaks with. sheavy accents: Mr; Jiang is the only Cbine?seperson ivorlongtas a Hydrologist Mr. Jiang Workedes a Hydrologist for nearly 20 years. Younger, white}; employees were promoted to Hydrologist IV, V, and VI quickly. ORIGINAL PET IT ION AND REQUEST 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. Case Document 1-4 Filed 08/08/17. Page 8 of 34 After 8 months of investigation, TCEQ. was unable to determinewhether a violation had occurred and dismissed all of his complaints in July} 2015. However, TCEQ never investigated which working ?les were thrown into the trash.) In July 2015, Kim Wilson became the Division Director for Mr. Hang-"s division within TCEQ. Ms. Wilson was present in the meeting with Mr. Iiang when his complaints. were rejected. I - At around the sametime?, Ms. Lori. Hannltonhe?came?the section manager of Mr. Hang. Since Ms. Wilson and Ms. Hamilton became Mr. .Ii'ang?s supervisors, Mr. Iiang has heen subjected to increased discrimination and retaliation becanse of his speech, face, national origin, and age. For example, in August 2015,- Mr. Jiangixasked for clari?cetion on what he needed to do for the Enterprise project. His supervisor did notiprovi?de answer until November 2015, when she disciplined him for asking the question in the ?rst place. HcWevei, before that in October 2015; Mr. Jiang was directed not to complain about policies, even if he believed they defrauded the public. on November .9, Ms. Wilson gave Mr. Jiangliwo choices: ?nish?the EnterpriSe projector be taken off it. I I Youngen non~Chincse employees were not diSciplined for asking questions about work: expectations or given'ultimammsMr: Jiang elected to complete the Enteiprise project on 11/9/2015 and successfully did so on the same day once he received the answer to the question he had. - ORIGINAL PETITION AND REQUEST FOR DISCLOSURES PAGE-4 35. 36. 3?8. 39. 40. 41.. 42. 43. 44. 45. Case Document 1-4 Filed 08/08/17 Page 9 of 34 Despite doing inc-project correctly, he was put on. probation in Decemlier 2015?. Allegedly, Mr liang was pui on probation because. ofhis work on thef??ntelporise project. However, the real reason was because. of his discrimination, retalialion,'aod free speech complaints. Indeed, other younger, nomChinese employees have not {been put ion probation after successfully completing their assignments. Furthermore, one of the stated bases for the probation refe?fences Mr. Jiang'is complaints to the commissioners three years earlier about poliCies-de??auding the public. 0n April 27, 2016, Mr. Jiang met with Ms. Hamilton. During that meeting'he reiterated his complaint that TCEQ was not, complying with the Administrative Code-by failing to include. certain models in its. analysis. Once again, Mr. Jian?g, unlike younger, non?Chinese?eaiployees, was itol?diio Stop bringing up his complaints. .5 Based on these events, among other things, Mr. Jiang event. to HR to ?le. a second disorimina?on?and retaliation complaint onApril 218', 20'l6. :At that time, Ms. Jiang spoke with and HR representative about his complaints against Ms. Wilson and TCEQ. The ?very next day, April 29, 2016, KimWilson proposed that~ Mr. Jiang be teminated? stating thathoroutinely his supervisor?s instructions . ., and continue[s] to reinitiate debate on long-standingpolioy decisions? No other employee has been proposed for terminatioofos these reasons. ., Again, tlioreal reason if Mr. Jiang?s race, national origin, co?naplaints of disorin?nation. and protected speech, PLAINTIFF-S. PETHION AND REQUEST FOR DISCLOSURES moans M. . . . . 46. 4-7. 48. 49. 50. 5?1. 52. 53. 54. 55. Case 1:17-cv-00739-RP Document 1-4 Filed 08/08/17 Page 10 of 34 While Ms. Wilson attempts to characterize the topics Mr. Jiau?g discussed as ?fpolicy? determinations in actuality, Mr. Jiaug brdu?ght these topics-up. so often becaose' they were violations of law that Mr Jiang believed defrauded the public Speci?cally, MR. Jiang believed that certain policies and tasks violated, among other things, 30 TAC 297 andso 298-, For example, in section 3 of Mr. Jiang?s rebuttal to his: becember 201-5 PrObation, he explicitly mentions to Kim -Wilson that since 2008?, 30 TAC 29142;: has been misinterpreted and that the technical Specialist has miSied managers into violating. Texas Water Code 5 . 103$). This violation of law occurred because the proper procedure for changing the interpretation of a rule was not followed . According to the February 11, 2016 Probation Agenda Meeting, Mr. Hang failed to comply with inStructions of management. because ?Shiyan incorrectly alleged that not ineloding? cumulative impacts cheated theipublic -. . . I On page 6 of" his rebuttal tothis meeting, Mr. Jia'ng- elearly stated that. failure to use cumulativeimpacts for simulations fraudulently-covers upthe fact that 30 TAC 298?s criteria for emironmental ?ow standards may not. being met, in ?xture. Furthermore, under 30_ TAC 297.46. a water "rights apolicatir'm can only be granted if it tcwould not bedetrimental to the public Welfare.? I Obviously if something cheats the public it is detrimental to the public welfare. M12. liao? told Ms. Wilson and Ms, Hamilton about these Tviolations as a citizen. As Ms. Wilsoo and Ms. Hamilton haste repeatedly stated, it was .notpart of Mr. Jiang?s job duties to determine or report whether policies violated the law. PLAIN TIFF-S ORIGINAL REQUEST FOR DISCLOSURES 5'6'4. 65. 66.? Case 1:17-cv-00739-RP Document?1-4 Filed 08/08/17 Page 11 of 34 ., Unfortunately, insteadtof addressing Mr; Jiang?s concerns, Ms. Wilsondiseharged him because, of them. Younger, non+Chinese employees have not proposed for termination and then temtinated because they report violations of law or: speak on matters of public concern. On May 24, 2016, after less than a month of investigation and without reviewing Mr. Jiang?s evidence :or interviewing relevant witnesses, 'isuch as Mr. Ji'angis loo-workers; TCEQ again dismissed his discrimination; retaliatiom and-tree Speech oemplaints. Within 10 minutesiof the (lecision'to dismiss his complaints, Ms. Wilson discharged Mr. iangr. A 7 Such a short: period of time between protecth activity. and an aeverse action, not only ?establishes that his complaints caused his discharge, but also raises an inference bf digerimination and pretext, Mr. 'Ji'ang appeeled his discharge to the? Executive Director Richard Hyde, alleging, among other things, that he wesbein?g discharged in violation of Title VII, the ABBA, and the Texas Labor Code. Mr. Jiaog attached 15 exhi?oits to his letter of appeal. Mr. Hyde adopted Ms. Wilson?s termination ?decision Speci?cally, ICEQ stated Mr. Jiarig terminated: because he ?offered no new or additional evidence with his appeal that not previouslyevailable to Ms. Wilsenin making her decision,? In other words, Mr. Hyde?s adoption con?rms that Ms. Wilson knew of and relied on Mr. Jiang?s complaints of ,disCrimination and retaliation in making her decision to ?re him. Mr. Iiang was noti?ed of his terminatiomon June 27, 2016. Mr. iang was_,replaeed by a younger, nos?Chinese employee. PLANTIFFS ORIGINAL PETITIGN AND REQUEST FOR DISCLOSURES Case 1:17-cv-00739-RP. Document 1-4 Filed 08/08/17 Page 12 of 34 67. Several other employees. have complained about age dissemination and fetal?iatioxi by Ms. Wilson. 68. Mr. Jiang ?led a?charge of discrimination on July's, 2016. 69. The EEOC issued a right to sue on April 6, 2817. i 70-. Plaintiff has requested the sight- to sue fromthe Texas. Workforce?ommission. . 71. All conditions present to the bringing of this suit have been satisfied or. ful?lled. V. CAUSE OF ACTION: TITLE VII VIOLATIONS 72. Plaintiff incorporates paragraphs 1-71 as if restated herein; 73. Mr. Jiang was the only individual of Chinese ancestxy that worked within his department. 74. Mr. .Jiang also "has a heavy accent when he speaks English." I 75. He was subjected to treatiae?t) that nonevofliis eta-worker's wefe?Subjected to. 76. He was ultimately terminated because ofhis: race and national origin. 77. He Was replaced by an. employee outside his protected class 78.. As sash, TCEQ violated Title VII. VI. . CAUSE OF ACTION: TEXAS LABOR CODE. VIOLATIONS 79. Plaintiff incorporates paragraphs 1?7 8 as if restated herein, 8.0. Mr. iang was the only individual of Chinese ancestry that worked within his department. 81. Mr. Iian also has a hea?xiy accent When,hetspeaks English. 82?, Mr, Jiang i372 years ole, staking him one of the oldest Workers in TCEQ. 83. He was subjected to treatment that none of his eo-workei?sWere subjected to; 84. was ultimately terminated because of his age, race and national origin: 85. He was replaced by a younger, n.on~chiaes employee. ORIGINAL PETITION AND REQUEST FOR DISCLOSURES Case 1:17-cv-00739-RP Document 1-4 Filed 08/08/17 Page 13 of 34 86. As such, TCEQ violated the Texas Labor Code. VII, OF ACTION: TITLE VII 8.7. Plamtiff incorpbrates paragraehs 198;? as if restated herein. .88. Plaintiff engaged in protected activity when he alleged thathe was being; treeted differently based enhis national verig-in and race 7 89. As ?hoWn above; Mr; tang'was .rePeatediy disciplined for his complaints and ultimater terminated beeaxtise of thent. 90. Defendants violated Title VIP-s anti~retaliation provision When it teami?ated FI?aint?iff fer engaging in that activity. CAUSE OF ACTION: TEXAS LABOR CODE RETALLATION 91. Pleirttiff incorporates paragraphs 1?90 as if restated herein. 92. (Plaintiff engaged in protected activity when he alleged that he was being treated differently baseden' his'age, national origiil, and race. 93. As shown above, Mr. Hang was repeatedly disciplined for his complaints amt-ultimately terminated bee?use?ef them. 94.. Defendents vielat?ed the Tens-Label". Code?s- anti-retaliatiohhpro?sionwhen it terminated Plaintiff for engagihg in activity. ACTION: FEDERAL FREE SPEECH RETALIATION 95. Plaintiff incorporates paragraphs L94 as if restated herein. 96. As shown anve, Plaiti?f?f engaged Mien heiere'titeutside of'his chain of command and job dutieszand breught te light myriad isisues that defrauded-or cheated the public. PLAINTIFF ?3 ORIGINAL PETITION AND Case 1:17-cv-00739-RP Document 1-4 Filed 08/08/17 Page 14 of 34 97. Ms. Wilson was motivated by Plaintiff?s speech in their decision to terminate him. 98. Defendant Kim Wilson is liable in. her of?cial capacity under 42 U.S.C. ?1983 because TCEQadopted and promulgated the decision to terminate Mr. Jiang for engaging in protected speech. 1 9.9. Ms. Wiison violated the United States 'COnstitmion whee itsten'ninated Plaintiff. X. FREE SPEECH CAUSE OF STATE .100. Plaintiff incorporatee earagraphs 1-99 as ifrestated herein. 101. As shoWn above, Plaintiff. engaged in protected speech when he went outeide of his chain of cemmand andj ob datiee and brought to light myriad issaesthat defratlded or cheated the public. 102. Defendants wereimo?vatedhy Plaintiff?s Speech in their deeision to terminatehim. 103. Defendants violateii the ?Texas Constimtien when it tem?nated Plaintiff. CAUSE OF ACTION: VIOLATIGN OF SECTION 1981 104. Plaintiff incexporates paragraphs 1-32 as if restated herein. 105. Plaintiff was?denied equal rights and bene?ts underr42 U.S.C. because 91" his race. 166. Ms. Wilson denied Plainria? equal rights when. among other actions, they lam-1mm Plaiatiff because of his race. x11. JURY DEMAND 1,07. Plaintiff demands trial by jury and will tender the appropriatefee. . REQUEST FOR DISCLOSURE ?3 PLAIN TIP ORIGIN-AL PETITION AND REQUEST FOR DISCLOSURES Case 1:17-cv-00739-RP Document 1-4 Filed 08/08/17 Page_15 of34 108. Defendatils are reqeested to disclose, within '56 days (if serviceof-this request, the infomiien and material described in Rule 1942; DAMAGES 109. Plaintiff seeks all damages all?wed under the law, including moneiary relief over $200,000'but less than $1,000,000 and: i (3.) Plaintiff seeks an injunction; prohibiting all Defendants from engaging in unlawful practices. . Plaintiff seeks equitable relief against all Defendants ,as may be appropriate such as reinstatement, "promotion, from pay, and cou'rticos?ts. Plainiiff seeks back pay mailer Title VII, the Texas Labor Code, and from the Individualipefendiauti in her individual capeeity.? Plaintiff seeks compensatory damages ?for ?xture peeuniary losses, emolional pain; suffering, incon?wnience; mental anguish, loss of em?oymerit of life, and ether nonpecunigfy loses made: Title V11,1;lie Texas Label? Code, and ?omlhe Individual Defendant in her! individual capacity. (6) Plaintiff seeks punitive damages ?om ihe [individual Defendant in her individual capacity. - Plaintiff seeks reasonable attorney?s fees. and costs includirig reasonable expert fees. Pl-ainti ff?seeks=pre and past judgment interest at the maximum rate allowed by law. ORIGINAL PETHION AND REQUEST FOR DISCLOSURES Case 1:17-cv-00739-RP Document 1-4 Filed 08/,08/17 Pa,ge.16 of34 WHEREFORE, psemises eensidered, plaintiff respect??ly prays that Defendant be cited to appear, Land that upeniar trial on the merits, that all relief, requested be awarded ta Plaintiff, and for such other and relief to which the Plaintiff is justly entitled. Respectfully submitted, A?s/ Colin .Walgh Robert-J. Wiley* Texas Bar No. 24013750 Celin ?Walsh*' . Texas Bar No. 24079538 *Bowd Cert?ed :21 Labor and Employment Law by the Texas Board QfLegal Specialization ROB WILEY, RC. 391 1 San Jacinto Blvd, Ste 401 Austin, TX 78701 Telephone: (512) 271-5527 Facsimile: (512) 287 3084 cwalsh@mbwiley. com ATTORNEYS FOR PLAINTIFF ORIGINAL PETITION AND REQUEST FOR DISCLOSURES PAGE-12 Case 1:17-cv-00739-RP Document 1-4 Filed 08/08/17 Page.17 of 34 CAUSE It 01mm (FOR CLERK ass amt): CIVIL CASE, INFORMATION SHEET I Jiangv Coustta'os casts USE ONLY): John Smith. it. All must-ism Co; In Mat-yAnn Jones; In the Matter of the Estate ofGactgs A. civil case infommtion. sheet must he and submitted Whit? an original petition or appiicstion is ?led. to initiate a new civii, family law, pmhatei or mental health case at when It Ipost?judgmunt petition fer modi?cation or motion. for mfowememt is ?led at a family. law The information should he the best availahie. at eff Ki Attomcy for Platnhim?cunom 1 "it ?ng sags Name: Email: PIsinti?Ichti?unms): Sh PIhin?fIiPetitianer Glide Cblin Walsh Shiynn Jiang [30mm Address: Telephone: . . Partiesin Child It 101mm Jacinta Blvd, Ste. 512-271-5527 A . up?? - ensodiat Parent: City/Smte/Zip?: Fax: . .- TCEQ Austin, TX 78749 512-231-3084 Parent: Kim . Signature: State BEING: . a 24979538 . [Attach additiomt tag: as may to its: all parties} Bows: 000000 warm r'btnum . i~v I a. I 1.23s than 5100, 000,. incinding damages of any kind, penalties. costs, Interest, and ttht?ney feds Elissa: than $100, 000 and non-monetary m?et? 130w 320.0, 000 but not more than $200 000 EOver 5260: 000 but not? units than 81 000, 000 "its: v: win this v? is? a ?Mitt has?? his . . . I Appeal thorn Mutticipai or Justice Court 2% Judgment - I Remedy Elimination-minted i Ukotsctive Order: DAItuchmzut - Interpteade: DReceivzr {jam ot?Review License UCerticrat'i [3Mandahms UTethpotsry Remaining Ch'dst'linj?unctihn [Jams Action [JPost judgment .3 mTt-tmovm? I *ssvr):_ M- t, ??334?63?? .h {If?u M, . I I i *if?wj?g'li I Debt/Contract I Anuuiment I Enforcement [JConsum?s?DTPA Condemnation {Sikhism Maniage Void UModtfcathtody DDsbu?Conn-act [3061310150021 Dhurdtinu Divbrce ?ModIfcnuon?Other I tactics [301th .Titte. . . DWith Chiidtm t; [Homer DethCourract: Accounting - aims-pass- to Thy Title A KIND Children [33.131231 Home: Fromm: Farmlosure . UMedtcal Ell-Ions: Equity?Expedited, Donner Professional 130013: Foreclosure Liability: Franchise Ultimo: Vehisit: Accident 5:21. Landlord/'1? mam EIPmmises I Enforce 3*orhig?u ?dnptinti?Addpticn?with UN'amCompetition Produq.? 13'5ng NISI Tamihatinn UPsrmershIp Nett?Disulastne Eli-Lisbeth Corpus mChiiti Pmtech?on - Bethe: Contract: Home: mammalian); Seizwt?odeimre [NameChmuge Dchitd Support List madam; \Vtit of thess Corpus-- E-Pmtectivs Order . BCustodyor. Visitation [?ames/at of Disabilities UGestz?onai i?arhnting Home; Injury 91;: Damagg; Bom?? aninm?ity 1330653 mm UTsnninstioh at Parental 2 svht?isti at". . Rights . Discrimination DAdministI-ativc Appeal [313mm- Discipline DOW Parent-Child. BRctaiiation Unfair EJPeqaetuate Testimmy - Eiihrminntinn USecuritiw?Stock f: ?Wndters? Campensation Ungc'ViolntimIs UTortiaus luminance . 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Abiog-to do tunes a viomoo do 8,90 ant-4 30 pm r$29. 90 par la primara media hora do consult: on abogado (to oopsulta oo gratis of! so irate do da?o personal nogllgonola A. lndomnizaoion 'al translation banoarrota 96: inoopaotdad do"! Seam snoi'al)? This ?Moo lo certi?ed no a lawyer rotorrol service no roquiml ti:o State ?Tom under Chapter 952. Occupations CodI- Corti?oiu Ho. 93oz .I, Case 1:17-cv-00739-RP Document 1-4 Filed 08/08/17 Page 19 of 34 Un of fic ia l co py Tr av is Co .D is tri ct Cl er k Ve lv a L. Pr ic e Case 1:17-cv-00739-RP Document 1-4 Filed 08/08/17 Page 20 of 34 Un of fic ia l co py Tr av is Co .D is tri ct Cl er k Ve lv a L. Pr ic e Case 1:17-cv-00739-RP Document 1-4 Filed 08/08/17 Page 21 of 34 Case 1:17-cv-00739-RP Document 1-4 Filed 08/08/17 Page 22 of 34 Un of fic ia l co py Tr av is Co .D is tri ct Cl er k Ve lv a L. Pr ic e Case 1:17-cv-00739-RP Document 1-4 Filed 08/08/17 Page 23 of 34 Un of fic ia l co py Tr av is Co .D is tri ct Cl er k Ve lv a L. Pr ic e Case 1:17-cv-00739-RP Document 1-4 Filed 08/08/17 Page 24 of 34 Case 1:17-cv-00739-RP Document 1-4 Filed 08/08/17 Page 25 of 34 Case 1:17-cv-00739-RP Document 1-4 Filed 08/08/17 Page 26 of 34 CAUSE NO. D-1-GN-17-003108 SHYYAN JIANG, Plaintiff, § § § v. § § TEXAS COMMISSION ON § ENVIRONMENTAL QUALITY; and § KIM WILSON, individually and in her § Capacities as Director of Water Availability, § Defendants. § 8/4/2017 9:57 AM Velva L. Price District Clerk Travis County D-1-GN-17-003108 Sandra Henriquez IN THE 250TH DISTRICT COURT OF TRAVIS COUNTY, TEXAS DEFENDANTS’ ORIGINAL ANSWER AND DEFENSES Defendants Texas Commission on Environmental Quality and Kim Wilson, individually and in her capacity as Director of Water Availability (collectively, Defendants) respectfully file their Original Answer and Defenses to Plaintiff Shiyan Jiang’s Original Petition. I. GENERAL DENIAL In accordance with Rule 192 of the Texas Rules of Civil Procedure, Defendants hereby generally deny each and every allegation set forth in Plaintiff’s Original Petition, and demand strict proof thereof. II. DEFENSES Defendants assert the following defenses: 1. Defendants assert the affirmative defense of sovereign immunity, to the extent applicable. 2. Defendants assert the affirmative defense of official immunity, to the extent applicable. 3. Defendants assert the affirmative defense of immunity from liability, to the extent applicable. 4. Defendant Wilson asserts the affirmative defense of qualified immunity, to the extent applicable. 5. Defendants assert the affirmative defense of limitations, to the extent applicable. 1 Case 1:17-cv-00739-RP Document 1-4 Filed 08/08/17 Page 27 of 34 6. Plaintiff fails to state claims upon which relief can be granted. 7. Plaintiff’s claims, in whole or in part, are barred by Plaintiff’s failure to exhaust his administrative remedies. 8. Any alleged actions taken against Plaintiff were based on neutral, non-discriminatory, non- retaliatory practices. 9. Adverse employment actions taken with regard to Plaintiff, if any, were based solely on information, observation, or evidence unrelated to his protected activities, if any, and would have been taken regardless of Plaintiff’s protected activities, if any. 10. Defendants assert that they acted in good faith and without malice, willfulness, or intent. 11. Any challenged action, practice or policy taken against Plaintiff was taken for a legitimate business or governmental operations reason. 12. Plaintiff’s damages are subject to the applicable cap on damages as required by law. 13. Plaintiff has failed to avoid or mitigate his damages as required by law. 14. Defendants reserve the right to assert additional affirmative defenses at a later date as such defenses become known to Defendants throughout the course of litigation. III. PRAYER Defendants pray that Plaintiff take nothing by this suit, that all costs be taxed and adjudged against Plaintiff, and that Defendants be granted such other relief to which they may be justly entitled. 2 Case 1:17-cv-00739-RP Document 1-4 Filed 08/08/17 Page 28 of 34 Respectfully submitted. KEN PAXTON Attorney General of Texas JEFFREY C. MATEER First Assistant Attorney General BRANTLEY STARR Deputy First Assistant Attorney General JAMES DAVIS Deputy Attorney General for Civil Litigation ANGELA V. COLMENERO Division Chief - General Litigation /s/ Michael R. Abrams MICHAEL R. ABRAMS Texas Bar No. 24087072 Assistant Attorney General Office of the Attorney General P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Phone: 512-463-2120 Fax: 512-320-0667 Michael.Abrams@texasattorneygeneral.gov Counsel for Defendants 3 Case 1:17-cv-00739-RP Document 1-4 Filed 08/08/17 Page 29 of 34 CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document has been served through the Court’s electronic filing system and via electronic mail on August 4, 2017: Colin Walsh Robert J. Wiley ROB WILEY PC 1011 San Jacinto Blvd, Ste 401 Austin TX 78701 cwalsh@robwiley.com /s/ Michael R. Abrams MICHAEL R. ABRAMS 4 ___ Case 1:17-cv-00739-RP Document 1-4 Filed 08/08/17 Page 30 of 34 Case 1:17-cv-00739-RP Document 1-4 Filed 08/08/17 Page 31 of 34 CAUSE NO. D-1-GN-17-003108 SHYYAN JIANG, Plaintiff, § § § v. § § TEXAS COMMISSION ON § ENVIRONMENTAL QUALITY; and § KIM WILSON, individually and in her § Capacities as Director of Water Availability, § Defendants. § 8/7/2017 9:05 AM Velva L. Price District Clerk Travis County D-1-GN-17-003108 Carlos Martin IN THE 250TH DISTRICT COURT OF TRAVIS COUNTY, TEXAS DEFENDANTS’ NOTICE OF FILING OF REMOVAL TO: Velva L. Price, Travis County District Clerk, 1000 Guadalupe Street, Austin, Texas 78701 Pursuant to 28 U.S.C. § 1446(d), you are hereby given notice that Defendants Texas Commission on Environmental Quality and Kim Wilson, individually and in her capacity as Director of Water Availability, will file their Notice of Removal on August 8, 2017, in the United States District Court for the Western District of Texas, Austin Division, thereby removing this cause to federal court. This Court is respectfully requested to proceed no further in this action, unless and until such time as the action may be remanded by order of the United States District Court for the Western District of Texas. 1 Case 1:17-cv-00739-RP Document 1-4 Filed 08/08/17 Page 32 of 34 Respectfully submitted. KEN PAXTON Attorney General of Texas JEFFREY C. MATEER First Assistant Attorney General BRANTLEY STARR Deputy First Assistant Attorney General JAMES DAVIS Deputy Attorney General for Civil Litigation ANGELA V. COLMENERO Division Chief - General Litigation /s/ Michael R. Abrams MICHAEL R. ABRAMS Texas Bar No. 24087072 Assistant Attorney General Office of the Attorney General P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Phone: 512-463-2120 Fax: 512-320-0667 Michael.Abrams@texasattorneygeneral.gov Counsel for Defendants CERTIFICATE OF SERVICE I certify that on August 7, 2017, a true and correct copy of the foregoing document was served through the Court’s electronic filing system on: Colin Walsh Robert J. Wiley ROB WILEY, PC 1011 San Jacinto Blvd, Ste 401 Austin TX 78701 cwalsh@robwiley.com /s/ Michael R. Abrams MICHAEL R. ABRAMS 2 ___ Case 1:17-cv-00739-RP Document 1-4 Filed 08/08/17 Page 33 of 34 Travis County - AARO - Details 1 of 1 https://public.co.travis.tx.us/aaro/ Case 1:17-cv-00739-RP Document 1-4 Filed 08/08/17 Page 34 of 34 8/8/2017 9:34 AM