Case 3:11-cv-02698-B Document 2 Filed 10/12/11 Page 1 of 4 PageID 3

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

Jennifer Florence Dawson, Justin Howell, Adam Chesley, et aI., Plaintiffs,
v.
City of Dallas, Texas Defendant.

- §
§ 3-11 CY2 698 B ~
§

§

§

O.

§

V.S. DISTlUCT COURT

§

NORTHERN DISTRICT OF TEXAS

§ § §

FILE.D--.

of~

'3 1J~1 I 2 201/

PLAINTIFFS' ORIGINAL CO

A. Parties

1.

Plaintiffs are Jennifer Florence Dawson, Justin Howell, Adam Chesley who wish to

exercise their First Amendment rights in a public forum in Dallas, Texas, and others similarly

situated.

2.

Defendant, City of Dallas, is a municipal corporation formed and existing within the State

of Texas, located in Dallas County, and at all times relevant to this complaint employed the officers

and employees of the City of Dallas who interacted with or made representations and demands to

Plaintiffs.

B. Jurisdiction

3.

This action is brought pursuant to 42 U.S.c.A. § 1983. Jurisdiction is founded upon 28

U.S.C.A. § 1331. Pendent and supplemental jurisdiction is invoked for this Court to decide claims

that may arise under state law.

C. Venue

4.

Venue is proper in the Northern District of Texas pursuant to 28 U.S.c. § 1391(b) because

a substantial part of the events or omissions giving rise to this cause of action occurred in this

District.

D. Conditions Precedent

5. All conditions precedent have been performed or have occurred.

E. Facts

6. Plaintiffs are individuals who are engaged in exercise of their First Amendment rights in a

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Case 3:11-cv-02698-B Document 2 Filed 10/12/11 Page 2 of 4 PageID 4
public forum in Dallas, Texas.
7. Plaintiffs began protesting under the slogan "Occupy Dallas" on or about Thursday, October 6, 2011.
8. On or about Friday, October 7, 2011, Plaintiffs were notified that they were required to apply for a pennit to avoid being arrested for the exercise of their First Amendment rights.
9. Plaintiff$(ieofW,.'fjlcav, complied with the City's request and applied for a "Special Event and Street Pole Banner Pennit" on October 7, 2011. Although he did not indicate the number of people expected to protest during the time of the pennit, the City issued a pennit requiring commercial general liability insurance in the amount of $1,000,000.
10. Under the Code of the City of Dallas, the requirement to obtain said insurance applies only to "Special Events" anticipating 5,000 or more participants on any given day, and should therefore never have been applied to the Pennit at issue in this case.
11. Nonetheless, after being informed by the City of Dallas that he would be required to obtain said insurance, and suggestions on insurance agents who would be able to underwrite such a policy, George Wilcox contacted the agent recommended by the City of Dallas. The insurance agent informed him that because he is an individual and does not represent an organization no such insurance would be available to him.
12. On Monday, October 10, 2011, the City of Dallas informed George Wilcox that they would begin to arrest individuals involved in the protest should he fail to secure the required insurance by the deadline of October 11,2011.
F. Causes of Action
Count 1 - 42 U.S.C §1983
13. Plaintiffs are individuals engaged in the exercise of their First Amendment rights in a public forum in Dallas, Texas.
14. Defendant has deprived plaintiffs of their rights under the First and Fourteenth Amendments to the U.S. Constitution in violation of 42 U.S.C §1983. See Waters v. Churchill, 511 U.S. 661,667 (1994).
15. The City of Dallas and its employees were at all times relevant to this action acting under color of the laws and regulations of the State of Texas and the City of Dallas. The exercise of these established policies and customs resulted in the violation of plaintiffs' First Amendment rights. See 42 U.S.C §1983; Lugar v. Edmondson Oil Co., 457 U.S. 922, 936-37 (1982).
Count 2 - Violation of Constitutional Rights
16. Plaintiffs' actions involve a matter of political, social, or other concern and are constitutionally protected under the First Amendment. Furthermore, plaintiffs' interest in their actions outweighs any interest of the City of Dallas in promoting the efficient operation and
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Case 3:11-cv-02698-B Document 2 Filed 10/12/11 Page 3 of 4 PageID 5

administration of government services. See Pickering v. Bd. of Educ. ofTwp. High Sch. Dist. 205, Will Counry, Ill., 391 U.S. 563, 568-70 (1968).

17. Plaintiffs' speech was a substantial and motivating factor in defendant's decision to require that Plaintiffs obtain a "Special Event Permit" and commercial general liability insurance. Defendant acted intentionally to chill plaintiffs' speech, discredit them by damaging their reputation, and punish them for exercising their free-speech rights. See Waters, 511 U.S. at 672-82; Pickering, 391 U.S. at 56870.

G. Damages

18. As a direct and proximate result of defendant's conduct, plaintiffs suffered the following injuries and damages:

a.

Lost earnings.

c.

Damage to reputation in the past and future.

d.

Mental anguish in the past and future.

19. Absent this Court's intervention, Plaintiffs will continue to be harmed by threats of or actual arrest for exercising their First Amendment rights and by the limitation of their speech.

H. Attorney Fees

20. Plaintiffs are entitled to an award of attorney fees and costs under 42 U.s.c. §1988(b).

I. Prayer

21. For these reasons, plaintiffs asks for judgment against defendant for the following:

a. Actual damages;

b. Reasonable attorney fees;

c. Prejudgment and pos~udgment interest;

d. Costs of suit;

e. Declaratory & injunctive relief

f. All other relief the Court deems appropriate.

[SIGNATURE PAGE & CERTIFICATE OF SERVICE FOLLOWS] Page 3 of 4

Case 3:11-cv-02698-B Document 2 Filed 10/12/11 Page 4 of 4 PageID 6
ResE~ ~">/tte,
B~_'~f____~________
Jqi1awan F. Winocour Sta.te'i3ar No. 24037730 David P. Ray III State Bar No. 24027766
WINOCOUR I RAY
9400 N. Central Expressway, Suite 1204 Dallas, Texas 75231 (214) 575-6060 Telephone (214) 575-6220 Facsimile jwinocour@winocour-ray.com dray@winocour-ray.com "..-
Texas Bar No. 24061272 Chandler Martinez, L.L.P.
6611 Hillcrest Avenue, Box # 542
Dallas, Texas 75205 (214) 758-0354 Telephone (214) 758-0362 Facsimile chandler@chandlermartinez.com
ATTORNEYS FOR PLAINTIFFS

CERTIFICATE OF SERVICE

I hereby certify that the foregoing document and the accompan . g endix were served on

the City Attorney for the City of Dallas via hand delivery ory

sday, October 12, 2011.

By:i_+I_ _ _ _ _ _ _·~_···~#_···_·

J oriathk F. Winocour
\J

Page 4 of 4

 
 Case 3:11-cv-02698-B Document 3 Filed 10/12/11 Page 1 of 3 PageID 7

n D I

U.S. DISTRICT COURT NORTHERN DISTRICTOFTEXAS

~~A INTHEUNI~If~j~
FOR THE NORTHERN DISTRICT

TCOUr F TE S

:

! L~ E D

.J DALLAS DIVISION

Ull j I 2 20 II .

Jennifer Florence Dawson, Justin Howell, Adam Chesley, et aI., Plaintiffs, v.
City of Dallas, Texas Defendant.

§~.---

§

CLERK. U.S.

§

By --7-1i--h'r~-

§ §

CAUSE NO. 033~O

§

§

§ §

"lIe V2 6 D8 •

It

§

PLAINTIFFS' MOTION FOR TEMPORARY RESTRAINING ORDERANDjOR PRELIMINARY INJUNCTION
Plaintiffs hereby move, pursuant to Fed. R. Civ. P. 65, for entry of a Temporary Restraining Order and/or Preliminary Injunction to enjoin, preliminarily and permanently thereafter, the Defendant City of Dallas and its officials, employees, agents, assigns and others who may be acting in concert with them, from unreasonably interfering with Plaintiffs' rights to free expression in the public forums within the City of Dallas, and more specifically order Defendants to: Withdraw any requirement that Plaintiffs' purchase insurance to cover their exercise of their First Amendment rights; 1. Plaintiffs incorporate herein by reference the facts alleged in their Original Complaint. 2. Plaintiffs also incorporate herein by reference the legal arguments contained in the Briif in Support ofPlainti.ffs' Motion for Temporary Restraining Order and/ or Preliminary Irgundion. Plaintiffs have satisfied the four-part test for granting a temporary restraining order / preliminary injunction.
Page 10f3

Case 3:11-cv-02698-B Document 3 Filed 10/12/11 Page 2 of 3 PageID 8 3. Plaintiffs' counsel have been in regular contact with attorneys for the City of Dallas attempting during that time to resolve the disputes now brought before this Court. Plaintiffs' counsel has advised the foregoing attorneys that this motion is being presented today. 4. Plaintiffs hereby respectfully request an immediate status conference to discuss a schedule for limited, e1..'Pedited discovery and a hearing on this motion at the court's earliest opportunity. WHEREFORE, Plaintiffs respectfully request that this Court issue a TRO/preliminary injunction enjoining the Defendant City of Dallas, and its officials, employees, agents, assigns and others who may be acting in concert with them, from unreasonably interfering with Plaintiffs' rights to free e1..'Pression in public forums within the City of Dallas, and more specifically order Defendants to: Withdraw any requirement that Plaintiffs' purchase insurance to cover their exercise of their First Amendment rights;
[SIGNATURE PAGE & CERTIFICATE OF SERVICE FOLLOWS]
Page 2 of3

Case 3:11-cv-02698-B Document 3 Filed 10/12/11 Page 3 of 3 PageID 9
--f--.:.....-.~---..;-..-::;:. . .~ .-
onathin F. Winocour ~ate~ar}Jo.24037730 DMd P. Ray III State Bar }Jo. 24027766
WI}JOCOUR I RAY
9400 }J. Central Expressway, Suite 1204 Dallas, Texas 75231 (214) 575-6060 Telephone (214) 575-6220 Facsimile jwinocour@winocour-ray.com
/-~ , c- -2e . dray@winocour-ray.com
By: ( c 2 ~_o::::::=:...:====::._--==:---___
Corinna Chandler Texas Bar }Jo. 24061272 Chandler Martinez, L.L.P.
6611 Hillcrest Avenue, Box # 542
Dallas, Texas 75205 (214) 758-0354 Telephone (214) 758-0362 Facsimile chandler@chandlermartinez.com ATTORNEYS FOR PLAINTIFFS
CERTIFICATE OF SERVICE I hereby certify that the foregoing document and the accompanying appendix were served on the City Attorney for the City of Dallas via hand delivery on this W /.- e
Page 3 of3

 
 Case 3:11-cv-02698-B Document 10 Filed 10/14/11 Page 1 of 6 PageID 64

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

JENNIFER FLORENCE DAWSON, et al., §

Plaintiffs,

§

§

v.

§

§

CITY OF DALLAS,

§

Defendant.

§

CIVIL ACTION NO. 3:11-CV-02698-B

STIPULATIONS

TO THE HONORABLE UNITED STATES DISTRICT COURT:

The City of Dallas (City”) and Plaintiffs Jennifer Florence Dawson, Justin Howell, and

Adam Chesley (collectively “Plaintiffs”) stipulate to the following matters:

1. The City stipulates that it will not arrest members of Occupy Dallas (including

Plaintiffs) when on the grounds of the Dallas Convention Center for violations of Section 31-13,

“Sleeping in a Public Place,” and Section 31-37, “Hours of Closure for Certain City Property,” of

the Dallas City Code (copies of which are attached hereto as Exhibits A and B, respectively)

between Wednesday, October 12, 2011, and Sunday, October 16, 2011, at 5:00 p.m.

2. The City stipulates that Chapter 42A, “Special Events,” of the Dallas City Code

does not apply to the grounds of the Dallas Convention Center pursuant to Section 42A-5. In

other words, no permit from the City is required for Occupy Dallas to protest on the grounds of

the Dallas Convention Center from 5:00 a.m. through 12:00 a.m. (midnight). Accordingly, the

City stipulates it will not arrest members of Occupy Dallas when on the grounds of the Dallas

Convention Center for violations of Chapter 42A. Plaintiffs believe that Chapter 42A of the

Dallas City Code applies to the grounds of the Dallas Convention Center.

Stipulations

Page 1

Case 3:11-cv-02698-B Document 10 Filed 10/14/11 Page 2 of 6 PageID 65
3. These stipulations do not restrict the City’s Police Department from arresting
members of Occupy Dallas for violations of any other laws, including the laws in the Texas
Penal Code and the Dallas City Code.
Respectfully submitted,
THOMAS P. PERKINS, JR. Dallas City Attorney
s/ Christopher J. Caso James B. Pinson Texas Bar No. 16017700 Peter Brooke Haskel Texas Bar No. 09198900 Christopher J. Caso Texas Bar No. 03969230 Assistant City Attorneys
Office of the City Attorney 1500 Marilla Street, Room 7BN Dallas, Texas 75201-6318 Telephone: 214-670-1330 Telecopier: 214-670-0622 james.pinson@dallascityhall.com peter.haskel@dallascityhall.com chris.caso@dallascityhall.com
Counsel for the City of Dallas
By: s/Jonathan Winocour Jonathan F. Winocour State Bar No. 24037730 David P. Ray III State Bar No. 24027766 WINOCOUR | RAY 9400 N. Central Expressway, Suite 1204 Dallas, Texas 75231 (214) 575-6060 Telephone (214) 575-6220 Facsimile jwinocour@winocour-ray.com dray@winocour-ray.com

Stipulations

Page 2

Case 3:11-cv-02698-B Document 10 Filed 10/14/11 Page 3 of 6 PageID 66
By: s/ Corinna Chandler Corinna Chandler Texas Bar No. 2406172 Chandler Martinez, L.L.P. 6611 Hillcrest Avenue, Box 542 Dallas, Texas 75205 (214) 758-0354 Telephone (214) 758-0362 Facsimile chandler@chandlermartinez.com Counsel for the Plaintiffs
CERTIFICATE OF FILING AND SERVICE I certify that on October 13, 2011, I electronically filed the foregoing document with the clerk of court for the United States District Court for the Northern District of Texas using the electronic case failing system of the court. The electronic case filing system sent a “Notice of Electronic Filing” to all counsel of record who have consented in writing to accept this Notice as service of this document by electronic means.
s/ Christopher J. Caso Christopher J. Caso

Stipulations

Page 3

Case 3:11-cv-02698-B Document 10 Filed 10/14/11 Page 4 of 6 PageID 67

s 31-10

Of fenses-Miscellaneous

s 31-14

to abate or remo'/e the nuisance within a specified time designated in the order, and if the order is not followed, the city manager may order the chief of police to abate and remove the nuisance. The expense incurred in abating and removing a nuisance shall be charged to the owner of the premises and will result in a lien on the real estate on which the nuisance existed, which may be levied as a special tax against the real estate. (Ord.1'4971)
sEc. 3L-11. NUISANCE-IUDGMENTIN MUNICIPAL COURT.
Whenever a judgment is rendered in the municipal court against a person for violation of a city ordinance and the violation is defined as a nuisance, the person shall abate and remove the nuisance within 24 hours after judgment is rendered. If the person fails to abate the nuisance, the chief of poliie may abate and remove the nuisance. The expenseincurred in abating and removing the nuisance will result in a lien on the real estatewhereupon the nuisance existed,which may be levied as a special tax against the real estate' (Otd. M971)

(d) For purposes of this section measurements shall be made in a straight line without regard to intervening structures or objects, from the nearest entry door in the portion of a building where the coinoperated amusement device is located to the nearest entry door of the school.
(e) A person violating Subsection (a) of this sectionis deemed to be maintaining a public nuisance and a police officer of the city who observes the violation shall seize all the coin-operated amusement devices in the establishment and upon conviction of the person for violation of Subsection (a), the city shall dispose of the devices in the manner provided by law. (Ord. Nos. 1'4971';16585)
SEC.31.13. SLEEPINGIN A PUBLIC PLACE.
(a) A personcommits an offenseif he:
(1) sleeps or dozes in a street, alley, park, or other public place;or
(2) sleeps or dozes in a vacant lot adjoining a public street or highway.

SEC. 31-12.

LIMITED HOURS OF CERTAIN COIN-OPERATED DEVICES.

(a) A person commits an offenseif, as owner, exhibitor, lessee, or employee of the owner, exhibitor, or lesseeof a coin-operated amusement device locatedwithin 500 feet of a public or private elementary or secondaryschool, he permits a Person under the ageof 17yearsto operatethe coin-operated amusementdevice between the hours of 9 a.m' and 4 p.m. on days during the fall or spring term when itudents ari required to attend school in the school district in which the device is located.

(b) For the PurPosesof this section COINOPERATEDAMUSEMENT DEVICE has the meaning ascri,bedto it in Section6A-1 of this code.

(c) The owner, exhibitor, or lesseeof a coinoperated amusementdevice located within 500feet of a public or private elementary or secondaryschool shlil place a sign on the device that reads, "Play by PersonsUnder 1.7Not Allowed during SchoolHours."

(b) It is a defense to prosecution under Subparagraph (2) of this section if the person owns the vacant lot or has the consentof the owner to sleep or doze on the vacant lot. (Ord. 14971)

SEC.31.1.4.

ENTERING PORTIONS OF BUILDINGS WITHOUT
CONSENT.

(a) ln this section:

(1) BUILDING means an enclosed structure to which the public or a substantialgroup of
the public has accessi

(2) CONSPICUOUSLY MARK ED meansa sign posted to be reasonablylikely to cometo the attention of anyone approaching an entranceto a
portion of a building;

(3) OWNER means a Person who has title to a building or a leasehold interest in the

4/11

Dallas City Code

EXHIBIT
T
Ig

Case 3:11-cv-02698-B Document 10 Filed 10/14/11 Page 5 of 6 PageID 68

s 31-3s

Offerues-Miscellaneous

s 31,-37

(3) an exterior public pay telephone;
(4) a self-servicecar wash;
(5) a self-servicefuel PumP; (5) a public transportationstop;or (71 an outdoor dining area of a fixed food establishment.

wilnesses a violation of Subsection (c), (d), (e), or (f), may file a complaint with the city attorney. Evidence to support a conviction for a violation of this section may include, but is not limited to, testimony of witnesses, videotape evidence of the violation, and other admissible evidence'
(i) An offense under this section is punishable by a fine not to exceed$500. (Ord. Nos. 21030;25213; 26738;28075)

(g) For PurPoses of Subsection (f), measuremenwt ill be made in a straight line, without

regard to intervening structures or obiects,from the

nearest Point conducted to

at which a solicitation is being whichever is applicable of the

following:

(1) the nearest entrance or exit of a facility in which an automated teller machine is enclosedor, if the machine is not enclosedin a facility, to the nearestpart of the automatedteller machine;

SEC.31-35. MENACINGANOTHERPERSON.
(a) In this section, BODILY INJURY and SERIOUS BODILY INIURY have the meaning given each term, respectively, in Section 1.07 of the Texas Penal Code, as amended.
(b) A person commits an offense if he intentionally places or attempts to place another person in fear of bodily rryury, serious bodily injury, or death by:

(2) the nearestentranceor exit of a bank, credit union, or other similar financial institution;
(3) thenearestpart of an exteriorpublic pay telephone;
(4) the nearestpart of the structureof a self-servicecar wash;

(1) following the other Personon two or more occasions;or
(2) over a period of time, engaging in a course of conduct or committing two or more specific acts against the other person that would cause a reasonable person to fear bodily injury, serious bodily injury, or death. (Ord.214a3)

PUrnP;

(5) the nearest part of a self-servicefuel

(6) the nearest Point of anY sign or marking designating an area as a public transportation stop; or

(7) the nearest part of any table in an outdoor dining area or, if the outdoor dining area is contained within an enclosure, the nearest part of
that enclosure.

sEc.31-37. HOURS OF CLOSURE FOR CERTAIN CIfi PROPERTY.
(a) In this section:
(i) CENTRAL LIBRARY GROUNDS means the grounds surrounding the ]' Erik fonsson centrallibrary boundedby Wood Streeton the north, Ervay Streeton the east,Young Streeton the south, and the property line wall located approximately 340feetwest of Ervay Streeton the west.

(h) In addition to any enforcement action by a
peace officer for a violation of this section, any p".ror who is a victim of a solicitation prohibited under Subsection (b), (c), (d), (e), or (f), or who

(2) CITY HALL PLAZA means the groundssurrounding ciry hdl boundedby YoungStreet on the north, Ervay Streeton the east,Canton Street on the south,and Akard Streeton thewest'

Dallas City Code

EXHIBIT

24

4/11

Case 3:11-cv-02698-B Document 10 Filed 10/14/11 Page 6 of 6 PageID 69

g 37-37

Offenses-Miscellaneous

s 31.-38

(3) CONVENTION

CENTER

GROUNDS means the grounds, including Pioneer

Plaza,surrounding the Dallas conventioncenterthat

arecontainedwithin the following boundaries:

Beginning at the intersection of Young Streetand Akard Street;

Weston YoungStreetto Griffin Stree|
Southon Griffin Streetapproximately407 feet;

West in a straight line for approximatelv 863 feet to the fefferson Boulevard ViaducU

Southwest on the Jefferson Boulevard Viaduct to the Union PacificRailroad; Southeast along the Union Pacific Railroad to Horton StreeU

(c) A personcommits an offenseif he is on the premisesof i city property designatedin-Subsection (b1auring hours in which theproperty is closed'
(d) It is a defense to prosecution under Subsection(c) that the Personwas:
(1) attending or working at a special event, activity, convention, or Program that was being conductedwith city authorization on the city prope*y or subsequentlyleaving the event,activity, ionl entio^, or programwithin a reasonabletime after it had ended for the daY;
(2) on the city property in accordance with the terms of a lease,rental agreement,contract, or otherwritten permissionfrom thecily; or
(3) a city employeeor a law enforcement officer in the performance of official duties. (Ord' 22036)

Northeast on Horton Street to Lamar StreeU

sEc.31-38. DUTY OF PROPERfi OWNER TO REMOVE GRAMTI.

Northwest on Lamar Streetto Memorial Drive;
Easton Memorial Drive to Griffin Street;
Southeaston Griffin Street to Canton StreeU
Northeast on Canton Street to Akard Street;
North on Akard Streetto Young Streetat the Point of beginning' (b) The following city property will be closed to the public eachday from 12:00midnight until5:00
a,m.l
(l) the city hall Plaza;
(2) theconventioncentergrounds;and
(3) thecentrallibrarYgrounds'

(a) Itl this section:
(1) DIRECTORmeans the director of the department designatedby the city manager to enforci and administer this sectionor the director's authorizedrepresentative.
(2) GRAFFITI means anY marking, including but not limited to, any inscription,slogan, dfigrauwrein, g-t,hp1atinistinmg,asdyemibnofalnoygom, naanmneer,cohnartaacntgeirb,olre property.
(3) OWNER meansany Personwith the legalright of possessionto tangibleproperty'
(b) An owner of any tangible property in the city commits an offense if he fails to remove all gritfiti from the property that is visible from any public property or right-of-way or from any private propetly other than the property on which the graffiti exists.

4/rr

Dallas City Code

E

 
 Case 3:11-cv-02698-B Document 11 Filed 10/14/11 Page 1 of 1 PageID 70

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

JENNIFER FLORENCE DAWSON, JUSTIN HOWELL, ADAM CHESLEY, and others similarly situated,
Plaintiffs,
v.
CITY OF DALLAS, TEXAS,
Defendant.

§ § § § § § § CIVIL ACTION NO. 3:11-CV-2698-B § § § §

ORDER

In light of the parties’ Stipulation filed October 14, 2011 and Plaintiffs’ representation at the

hearing on October 14, 2011 that temporary relief is no longer required, Plaintiffs’ Motion for a

Temporary Restraining Order and/or Motion for Preliminary Injunction (doc. 3) is DENIED.

SO ORDERED. SIGNED: October 14, 2011.

_________________________________ JANE J. BOYLE UNITED STATES DISTRICT JUDGE

- 1 -

 
 Case 3:11-cv-02698-B Document 12 Filed 10/18/11 Page 1 of 3 PageID 71

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

JENNIFER FLORENCE DAWSON, et al. §

Plaintiffs,

§

§

v.

§ CIVIL ACTION NO. 3:11-CV-02698-B

§

CITY OF DALLAS,

§

Defendant.

§

AGREED MOTION FOR DISMISSAL WITHOUT PREJUDICE

TO THE HONORABLE UNITED STATES DISTRICT COURT:

Plaintiffs Jennifer Florence Dawson, Justin Howell, Adam Chesley, and all

persons similarly situated and Defendant City of Dallas (individually referred to as

“Party” and collectively referred to as “the Parties”) file this agreed motion for dismissal

without prejudice, and state:

1. The Parties have recently resolved all matters and disputes by and among

them fully and completely.

2. The Parties stipulate and agree to the dismissal of this case without

prejudice and request that the clerk of the Court enter this dismissal with the papers of

this action, with costs of court to be taxed against the Party incurring the same.

AGREED MOTION TO DISMISS WITHOUT PREJUDICE

PAGE 1

Case 3:11-cv-02698-B Document 12 Filed 10/18/11 Page 2 of 3 PageID 72
Respectfully submitted,
THOMAS P. PERKINS, JR. Dallas City Attorney
APPROVED AND AGREED TO:
s/ Christopher J. Caso James B. Pinson Texas Bar No. 16017700 Peter Brooke Haskel Texas Bar No. 09198900 Christopher J. Caso Texas Bar No. 03969230 Assistant City Attorneys
Office of the City Attorney 1500 Marilla Street, Room 7BN Dallas, Texas 75201-6318 Telephone: 214-670-1330 Telecopier: 214-670-0622 james.pinson@dallascityhall.com peter.haskel@dallascityhall.com chris.caso@dallascityhall.com Counsel for the City of Dallas
By: s/Jonathan Winocour Jonathan F. Winocour State Bar No. 24037730 David P. Ray III State Bar No. 24027766 WINOCOUR | RAY 9400 N. Central Expressway, Suite 1204 Dallas, Texas 75231 (214) 575-6060 Telephone (214) 575-6220 Facsimile jwinocour@winocour-ray.com dray@winocour-ray.com

AGREED MOTION TO DISMISS WITHOUT PREJUDICE

2

Case 3:11-cv-02698-B Document 12 Filed 10/18/11 Page 3 of 3 PageID 73
By: s/ Corinna Chandler Corinna Chandler Texas Bar No. 2406172 Chandler Martinez, L.L.P. 6611 Hillcrest Avenue, Box 542 Dallas, Texas 75205 (214) 758-0354 Telephone (214) 758-0362 Facsimile chandler@chandlermartinez.com Counsel for the Plaintiffs
CERTIFICATE OF FILING AND SERVICE
I certify that on October 18, 2011, I electronically filed the foregoing document
with the clerk of court for the United States District Court for the Northern District of
Texas using the electronic case failing system of the court. The electronic case filing
system sent a “Notice of Electronic Filing” to all counsel of record who have consented
in writing to accept this Notice as service of this document by electronic means.
s/ Christopher J. Caso Christopher J. Caso

AGREED MOTION TO DISMISS WITHOUT PREJUDICE

3

 
 Case 3:11-cv-02698-B Document 13 Filed 10/19/11 Page 1 of 2 PageID 74 NORTUfiE.sR. NDIDSTISRTICRTICCTOOUFRTTEXAS FILED

IN THE UNITED STATES DISTRICT CO RT FOR THE NORTHERN DISTRICT OF TE AS

OCT I 9 2011

DALLAS DIVISION JENNIFER FLORENCE DAWSON, et al. §

CLERK, U.S. DIS RI<::LQ2URl"

By

/~~

Dc Ily

Plaintiffs,

§

§

v,

§ CIVIL ACTION NO, 3:11-CV-02698-B

§

CITY OF DALLAS,

§

Defendant.

§

AGREED ORDER OF DISMISSAL WITHOUT PREJUDICE

On this date the Court considered the Agreed Motion for Dismissal Without

Prejudice filed by Plaintiffs Jennifer Florence Dawson, Justin Howell, Adam Chesley and

others similarly situated and Defendant City of Dallas, (individually referred to as

"Party" and collectively referred to as "the Parties"). It is accordingly,

ORDERED, ADJUDGED, AND DECREED that this case is hereby DISMISSED

WITHOUT PREJUDICE, it is further

ORDERED, ADJUDGED, AND DECREED that costs of court shall be taxed

against the Party incurring the same,

1r;:y 0 SIGNED this

of t1 .

,2011.

Case 3:11-cv-02698-B Document 13 Filed 10/19/11 Page 2 of 2 PageID 75

APPROVED AND AGREED TO:
sf Christophel' 1. Caso James B. Pinson Texas BarNo. 16017700 Peter Brooke Haske1 Texas BarNo. 09198900 Christopher 1. Caso Texas Bar No. 03969230 Assistant City Attorneys
Office of the City Attorney 1500 Marilla Street, Room 7BN Dallas, Texas 75201-6318 Telephone: 214-670-1330 Telecopier: 214-670-0622 james.pinson@dallascityhall.com peter.haskel@dallascityhall.com chris.caso@dallascityhall.com Counsel for the City ofDallas
By: s/Jonathan Winocollr Jonathan F. Winocour State Bar No. 24037730 David P. Ray III State Bar No. 24027766
WINOCOUR IRAY
9400 N. Central Expressway, Suite 1204 Dallas, Texas 75231 (214) 575-6060 Telephone (214) 575-6220 Facsimile jwinocour@winocour-ray.com dray@winocour-ray.com
By: s/ Corinna Chandler Corinna Chandler Texas Bar No. 2406172 Chandler Martinez, L.L.P. 6611 Hillcrest Avenue, Box 542 Dallas, Texas 75205 (214) 758-0354 Telephone (214) 758-0362 Facsimile chandlcr@chandlcrmartinez.col11 Counsel for the Plaintiffs
AGREED ORDER OF DISMISSAL WITHOUT PREJUDICE

PAGE 2

 
 Case: 3:11-cv-2698 As of: 05/24/2014 09:43 AM CDT 1 of 4
U.S. District Court Northern District of Texas (Dallas) CIVIL DOCKET FOR CASE #: 3:11−cv−02698−B

CLOSED

Dawson et al v. City of Dallas Texas Assigned to: Judge Jane J Boyle Cause: 28:1331 Federal Question: Other Civil Rights
Plaintiff

Date Filed: 10/12/2011 Date Terminated: 10/19/2011 Jury Demand: None Nature of Suit: 950 Constitutional − State Statute Jurisdiction: Federal Question

Jennifer Florence Dawson And others similarly situated

represented by Jonathan F Winocour Winocour | Ray 9400 N Central Expressway Suite 1204 Dallas, TX 75231 214/575−6060 Fax: 214/575−6220 Email: jwinocour@winocourlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Corinna Pia Chandler Chandler Law PC 3900 Elm Street Dallas, TX 75201 214/722−5990 Fax: 972/692−5220 Email: chandler@chandlerlawpc.com ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

David P Ray , III Winocour Ray 9400 N Central Expressway Suite 1204 Dallas, TX 75231 214/575−6060 Fax: 214/575−6220 Email: dray@winocour−ray.com ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Plaintiff
Justin Howell And others similarly situated

represented by Jonathan F Winocour (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Corinna Pia Chandler (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

David P Ray , III (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

Case: 3:11-cv-2698 As of: 05/24/2014 09:43 AM CDT 2 of 4

Plaintiff
Adam Chesley And others similarly situated

represented by Jonathan F Winocour (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
Corinna Pia Chandler (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
David P Ray , III (See above for address) ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

V. Defendant City of Dallas Texas

represented by Christopher J Caso Dallas City Attorney's Office 1500 Marilla St 7th Floor Dallas, TX 75201 214/670−3508 Fax: 214/670−0622 FAX Email: chris.caso@dallascityhall.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
Christopher David Bowers Dallas City Attorney's Office Dallas City Hall 1500 Marilla St 7th Floor Dallas, TX 75201 214/670−3519 Fax: 214/670−0622 FAX Email: chris.bowers@dallascityhall.com ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
James B Pinson Dallas City Attorney's Office 1500 Marilla St 7th Floor Dallas, TX 75201 214/670−4844 Fax: 214/670−0622 Email: james.pinson@dallascityhall.com ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
Peter B Haskel Dallas City Attorney's Office 1500 Marilla St 7th Floor Dallas, TX 75201 214/670−3038 Email: peter.haskel@dallascityhall.com ATTORNEY TO BE NOTICED

Case: 3:11-cv-2698 As of: 05/24/2014 09:43 AM CDT 3 of 4 Bar Status: Admitted/In Good Standing

Date Filed 10/12/2011 10/12/2011
10/12/2011 10/12/2011 10/12/2011 10/13/2011 10/13/2011 10/13/2011
10/13/2011 10/13/2011 10/13/2011 10/14/2011 10/14/2011
10/14/2011

# Docket Text
1 New Case Notes: A filing fee has been paid. Magistrate Judge Kaplan preliminarily assigned. File to Judge Boyle. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (twd) (Entered: 10/13/2011)
2 COMPLAINT against City of Dallas Texas filed by Jennifer Florence Dawson, Adam Chesley, Justin Howell. (Filing fee $350.00; Receipt number 53330) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information − Bar Membership (twd) (Entered: 10/13/2011)
3 MOTION for Temporary Restraining Order and/or MOTION for Preliminary Injunction filed by Adam Chesley, Jennifer Florence Dawson, Justin Howell. (twd) (Entered: 10/13/2011)
4 Brief in Support filed by Adam Chesley, Jennifer Florence Dawson, Justin Howell re 3 MOTION for Temporary Restraining Order and/or MOTION for Preliminary Injunction (twd) (Entered: 10/13/2011)
5 Appendix in Support of brief filed by Adam Chesley, Jennifer Florence Dawson, Justin Howell re 3 MOTION for Temporary Restraining Order and/or MOTION for Preliminary Injunction. (twd) (Entered: 10/13/2011)
6 ADDITIONAL ATTACHMENTS to 2 Complaint,, by Plaintiffs Adam Chesley, Jennifer Florence Dawson, Justin Howell. (Winocour, Jonathan) (Entered: 10/13/2011)
Confirmation of receipt of payment from WINOCOUR RAY in the amount of $350.00. Transaction posted on 10/12/2011. Receipt number DS053330 processed by db. (gr) (Entered: 10/13/2011)
7 ORDER: A hearing on Plaintiffs Motion for Temporary Restraining Order and/or Motion for Preliminary Injunction (doc. 3) is set for: Friday, October 14, 2011, at 10:00 a.m. Before Judge Jane J. Boyle, Courtroom 1306, Thirteenth Floor United States Courthouse, 1100 Commerce Street, Dallas, Texas 75242. (Ordered by Judge Jane J Boyle on 10/13/2011) (Judge Jane J Boyle) (Entered: 10/13/2011)
Set/Reset Deadlines as to 3 Motion for Temporary Restraining Order and/or Motion for Preliminary Injunction. Motion Hearing set for 10/14/2011 at 10:00 AM before Judge Jane J Boyle. (Per 7 Order.) (twd) (Entered: 10/13/2011)
8 RESPONSE AND OBJECTION filed by City of Dallas Texas re: 3 MOTION for Temporary Restraining Order MOTION for Injunction (Caso, Christopher) (Entered: 10/13/2011)
9 Appendix in Support filed by City of Dallas Texas re 8 Response/Objection to Plaintiffs' Application for TRO (Caso, Christopher) (Entered: 10/13/2011)
10 Agreed STIPULATION by Adam Chesley, City of Dallas Texas, Jennifer Florence Dawson, Justin Howell. (Caso, Christopher) (Entered: 10/14/2011)
ELECTRONIC Minute Entry for proceedings held before Judge Jane J Boyle: Motion Hearing held on 10/14/2011 re 3 Motion for TRO, Motion for Injunction filed by Justin Howell, Jennifer Florence Dawson, Adam Chesley. Attorney Appearances: Plaintiff − Jonathan Winocour; Defense − Christopher Caso. (Court Reporter: Shawnie Archuleta) (No exhibits) Time in Court − :02. (chmb) (Entered: 10/14/2011)
11 ORDER: Based upon the parties Stipulation filed October 14, 2011 and Plaintiffs representation at the hearing on October 14, 2011 that temporary relief is no longer required, Plaintiffs Motion for a Temporary Restraining Order and/or Motion for Preliminary Injunction (doc. 3) is DENIED. (Ordered by Judge Jane J Boyle on 10/14/2011) (Judge Jane J Boyle) (Entered: 10/14/2011)

Case: 3:11-cv-2698 As of: 05/24/2014 09:43 AM CDT 4 of 4

10/18/2011 10/19/2011

12 Agreed MOTION to Dismiss Without Prejudice filed by City of Dallas Texas, Jennifer Florence Dawson, Justin Howell, Adam Chelsey (Caso, Christopher) Modified on 10/19/2011, added filers (mcrd). (Entered: 10/18/2011)
13 AGREED ORDER OF DISMISSAL WITHOUT PREJUDICE. (Ordered by Judge Jane J Boyle on 10/19/2011) (twd) (Entered: 10/21/2011)