UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF TEXAS 

AUSTIN DIVISION 

COMMISSION FOR LAWYER DISCIPLINE, § 

Plaintiff, § 

§ 

v. § 

§ 

BRAND! K STOKES, § 

Defendant. § 

2O;:-9 AHO:35 

)URT 

TrXAS 

CASE # 1:20-C V-0153-RP 

APPLICATION FOR TEMPORARY RESTRAINING ORDER AND INJUNCTION 

NOW COMES Defendant, Brandi K Stokes, and brings this Application for Temporary 

Restraining Order and Permanent Injunction, and shows the Court the following: 

On March 5, 2020, the above-styled case was transferred to Chief U.S. District Judge 

Orlando Garcia. Almost immediately, the court coordinator for state District Judge Kyle 

Hawthorne, Kristie B. Evans, sent a scheduling notice and request to the parties indicating that 

Judge Hawthorne intended to schedule a hearing in the case and wanted the Defendant to be 

noticed for a deposition on the day of the hearing. As of the filing of this application, neither 

Judge Hawthorne nor his court coordinator have withdrawn the scheduling notice and request to 

the parties, despite being provided with notice of the transfer. The action of the state trial court 

violates the federal stay provision currently imposed by 28 U.S.C. § i446d). The Defendant 

therefore respectfully requests that a temporary restraining order issue and that Judge Kyle 

Hawthorne be enjoined from participating in any matter involving the Defendant other than as a 

witness and from causing another person to communicate with the Defendant regarding any 

matter involving the Defendant other than in his capacity as a witness. 

Defendant prays that the requested relief be granted. 

DATED: March 9, 2020 

1 

Case 1:20-cv-00153-RP Document 19 Filed 03/09/20 Page 1 of 5
Brandi K Stokes, Defendant 

Texas State Bar No. 24044940 

brandi.stokesgmail.com I +1 512 206 0202 

VERIFICATION 

"Pursuant to 28 U.S. Code § 1746, 1 verify under penalty of perjury under the laws of the 

United States of America that the foregoing is true and correct." 

Brandi K Stokes 

CERTIFICATE OF SERVICE 

I certify that on March 9, 2020, a true and correct copy of the above was served on 

counsel for the Plaintiff through CMRRR at the address listed for Plaintiff. I further certify 

that on March 9, 2020, a Notice of Law Suit and Request to Waive Service of a Summons 

was delivered to Judge Kyle Hawthorne both through email and by CMRRR. 

A 

Brandi K Stokes 

2 

Case 1:20-cv-00153-RP Document 19 Filed 03/09/20 Page 2 of 5
3/8/2020 

*IiiMI 

D-1 -GN-1 8-000502 Scheduling 

Gmail - D-1-GN-18-000502 Scheduling 

Brandi Stokes <brandi.stokesgmaii corn> 

Brandi K Stokes <brandi.stokesgmaiI.com> Fri, Mar 6, 2020 at 9:48 AM 

To: Judith DeBerry <Judith. DeBerrytexasbar.com> 

Cc: "Kristie B. Evans <KEvansbrazoscountytx.gov>, Tanya Galinger <Tanya.Galinger@texasbar.com>, Lorraine Elzia 

<Lorraine. Elziactraviscountytx.gov>, Warren Vavra <Warren.vavra@traviscountytx.gov> 

Ms. Evans, 

Please let the judge know that the federal case has been transferred to Judge Orlando Garcia. I will be filing for a restraining order in 

that case. I am also looking into the remedies for Judges Stubblefield and Blomerth's decision to proceed on this case notwithstanding 

the federal stay provision. 

If I can show up, I will, but I will not participate in any further proceedings in state court. This has gone too far, and in the interim, my 

health has been destroyed. Until I have appropriate health care, I am not able to participate in any high stress situations. 

Brandi Stokes 

Brandi Stokes 

On Fri, Mar 6, 2020 at 9:27 AM Judith DeBerry <JudithDe8errytexasbarcom> wrote: 

Ms. Evans, 

I'm avaUable on all of those dates. Please let me know the judge's preferred date and time for the scheduling hearing 

and I'll set the deposition for immediately after the hearing and send notices. 

Respectfully, 

From: Kristie 8. Evans <KEvansbrazoscauntytxgov> 

Sent: Thursday, March 5, 2020 12:10 PM 

To: Judith DeBerry <JudithDeBerry@TEXASBAR.COM>; brandLstokesgmail.corn 

Cc: Tanya Galinger <Tanya.GalingerTEXASBARCOM>; Lorraine Elzia <Lorraine,Elziatraviscountytx.gov>; Warren 

Vavra <WarrenVavratraviscauntytx.gov> 

Subject: D-1-GN-18-000502 Scheduling 

* State Bar of Texas External Message * - Use Caution Before Responding or Opening 

Links/Attachments 

Judge Hawthorne would like to set a scheduling hearing in the above referenced case. He also 

wants the deposition of Ms. Stokes to be noticed for the same date and location as the 

scheduling hearing, since he will be in Travis County already and can be available in case of any 

objections or problems that may arise during the deposition. Dates that Judge Hawthorne and a 

multipurpose courtroom is available are: April 3, May 1, and May 29, 2020. Please let me know 

if you have a conflict with any of these dates by noon on March 9' 2020. 

https://mail.google.com/mail/u/0?ik=3be422a7ce&view=pt&searchall&permmsgithmSga%3Ar34632034741 72487761&dsqt=1 &simpl=msg-a%3Ar-3... 1/2 

Case 1:20-cv-00153-RP Document 19 Filed 03/09/20 Page 3 of 5
3/8/2020 Thank you! 

Kristie Evans 

Court Coordinator 

85th District Court 

300 East 26th Street, Suite 408 

Bryan, Texas 77803 

(979) 361-4271 

Fax: (979) 361-4276 

kevans©brazoscountytxgov 

Thank you, 

Brandi Stokes 

P.O. Box 301916 

Austin, Texas 78703 

Tel: 512/206-0202 

brandikstokes.org 

Gmail D-1-GN-18-000502 Scheduling 

The information contained in this transmission is attorney privileged or otherwise confidential information intended for the use of the 

individual or entity named above. the reader of this message is not the intended recipient, please contact the sender immediately and 

you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. 

2/2 

Case 1:20-cv-00153-RP Document 19 Filed 03/09/20 Page 4 of 5
UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF TEXAS 

AUSTIN DIVISION 

COMMISSION FOR LAWYER DISCIPLINE, § 

Plaintiff, § 

§ 

v. § 

§ 

BRANDI K STOKES, § 

Defendant. § 

CASE # 1:20-C V-0153-RP 

ORDER GRANTING APPLICATION FOR TEMPORARY RESTRAINING ORDER 

AND INJUNCTION 

The Court finds that good cause exists to grant the Defendant's Application for 

Temporary Restraining Order and Injunction. 

Following the filing of a notice of removal, the state court "shall proceed no further unless 

and until the case is remanded." 28 U.S.C. § 1446(d). The Court finds that the clear language of 

the general removal statute provides that the state court loses jurisdiction upon the filing of the 

petition for removal. The Court further finds state District Judge Kyle Hawthorne, by and 

through his court coordinator, has expressed an intent to disregard 28 U.S.C. § 1446(d) and 

that such disregard is improper. The Court therefore GRANTS the Defendant's application for a 

temporary restraining order and ENJOINS Judge Kyle Hawthorne from participating in any 

matter involving the Defendant other than as a witness and from causing another person 

to communicate with the Defendant regarding any matter involving the Defendant other 

than in his capacity as a witness. 

DATED: 

Judge Presiding 

Case 1:20-cv-00153-RP Document 19 Filed 03/09/20 Page 5 of 5