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 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 early-stage cases 

in which no proposed scheduling order had been filed. (Dkt. 4). On May 15, 2020, Defendants 

filed a Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1). (Dkt. 5). This Court granted 

Defendants’ unopposed request to stay the deadline to submit a proposed scheduling order, making 

the new deadline 14 days after the Court issued its order on the Motion to Dismiss.

On June 5, Plaintiffs filed a Motion for Leave to file their First Amended Petition (Dkt. 8), 

which was granted by the Court on June 8. The Court also entered a text order denying the Motion 

to Dismiss as moot in light of Plaintiffs’ amended pleading. On June 22, Defendants filed their 

Motion to Dismiss Plaintiffs’ First Amended Complaint (Dkt. 11).

Case 1:20-cv-00275-RP Document 12 Filed 06/23/20 Page 1 of 3
Unopposed Motion to Stay Pretrial Proceedings Pending Ruling on Motion to Dismiss Page 2

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 Plaintiffs’ First Amended Complaint. Accordingly, 

Defendants respectfully request that the Court continue the deadline for the parties to file their 

proposed scheduling order until 14 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.

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 12 Filed 06/23/20 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 June 22, 2020, I conferred with Brian McGiverin, counsel for 

Plaintiffs, 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 June 23, 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

Case 1:20-cv-00275-RP Document 12 Filed 06/23/20 Page 3 of 3