Unopposed Motion to Stay Pretrial Proceedings Pending Ruling on Motion to Dismiss Page 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

AUSTIN DIVISION

DONNA LANGAN, TERESA DE 

BARBARAC, and ALEXANDRA CARSON,

Plaintiffs,

v.

GREG ABBOTT, in his Official Capacity as 

Governor of Texas; and KEN PAXTON, in his 

Official Capacity as Attorney General of Texas

Defendants.

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CASE NO. 1:20-cv-275-RP

UNOPPOSED MOTION TO STAY PRETRIAL PROCEEDINGS 

PENDING RULING ON MOTION TO DISMISS

Plaintiffsfiled this suit on March 16, 2020, challenging the constitutionality of Texas’s namechange statute, codified in Chapter 45 of the Family Code, on Eighth Amendment grounds. On May 

15, 2020, Defendants filed their Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1). (Dkt. 5).

On April 17, 2020, the Court issued an Amended Emergency Order in Light of the COVID-19 

Pandemic requiring parties to file an agreed proposed scheduling order by June 1, 2020, for earlystage cases in which no proposed scheduling order had been filed. (Dkt. 4).

In the interest of judicial economy, Defendants request that all deadlines in this case, 

including the filing of an agreed scheduling order, be stayed pending resolution of the threshold 

issues presented by their Motion to Dismiss. Accordingly, Defendants respectfully request that the 

Court continue the deadline for the parties to file their proposed scheduling order until 24 days 

after the Court has issued its order on the pending Motion to Dismiss, to save the parties and the 

Court any unnecessary time, burden, or expense.

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Unopposed Motion to Stay Pretrial Proceedings Pending Ruling on Motion to Dismiss Page 2

Respectfully submitted.

KEN PAXTON

Attorney General of Texas

JEFFREY C. MATEER

First Assistant Attorney General

RYAN L. BANGERT

Deputy First Assistant Attorney General

DARREN L. MCCARTY

Deputy Attorney General for Civil Litigation

THOMAS A. ALBRIGHT

Chief, General Litigation Division

/s. Kimberly Gdula

KIMBERLY GDULA

Texas Bar No. 24052209

Assistant Attorney General

General Litigation Division

P.O. Box 12548, Capitol Station

Austin, Texas 78711-2548

(512) 463-2120 | FAX: (512) 320-0667

Kimberly.Gdula@oag.texas.gov

ATTORNEYS FOR DEFENDANTS

GOVERNOR GREG ABBOTT AND

KEN PAXTON, ATTORNEY GENERAL OF TEXAS

Case 1:20-cv-00275-RP Document 6 Filed 05/28/20 Page 2 of 3
Unopposed Motion to Stay Pretrial Proceedings Pending Ruling on Motion to Dismiss Page 3

CERTIFICATE OF CONFERENCE

I hereby certify that on May 28, 2020, I conferred with Brian McGiverin, counsel for 

Plaintiff, via email regarding the substance of the foregoing instrument. He stated that Plaintiffs 

are not opposed to the relief requested herein.

/s/ Kimberly Gdula

KIMBERLY GDULA

Assistant Attorney General

CERTIFICATE OF SERVICE

I hereby certify that on May 28, 2020, I electronically filed the foregoing instrument with 

the Clerk of the Court using CM/ECF which will send electronic notification of such filing to all 

registered counsel.

/s/ Kimberly Gdula

KIMBERLY GDULA

Assistant Attorney General

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