MOTION TO DISMISS OR ABATE PAGE 1

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF THE STATE OF TEXAS

ABILENE DIVISION

TSEPHANYAH Y. HAWKINS, §

YAHCHANAN Y. HAWKINS §

Plaintiffs §

§

v. §

§

§

CLAUDIA M. HUTCHISON, in her § Civil Action No. 1-05CV-184-C

personal capacity and in her capacities with §

StenoScribe, Incorporated, Vocedit, §

Inc., NORMAN M. OSTER, in his personal §

Capacity and in his capacities with §

StenoScribe, Incorporated, Vocedit, Inc., §

STENOSCRIBE, INCORPORATED and §

VOCEDIT, INC., §

Defendants §

DEFENDANT CLAUDIA HUTCHISON’S, NORMAN M. OSTER’S,

STENOSCRIBE, INCORPORATED’S AND VOCEDIT, INC.’S

MOTION FOR DISMISAL,

OR IN THE ALTERNATIVE, PLEA IN ABATEMENT

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW Defendant CLAUDIA HUTCHISON, hereinafter referred to as Hutchison,

DEFENDANT NORMAN M. OSTER, hereinafter referred to as Oster, Defendant

STENOSCRIBE, INCORPORATED, hereinafter referred to as StenoScribe, Inc., and

DEFENDANT VOCEDIT, INC., hereinafter referred to as VocEdit, Inc., and respectfully moves

for dismissal or abatement against Plaintiffs, Tsephanyah Hawkins and Yahchanan Hawkins.

I.

SUMMARY

1. On October 10, 2003, a lawsuit between Claudia M, Hutchison and Plaintiff Tsephanyah

Hawkins and StenoScribe Inc. was filed in Callahan County, Texas (Texas State Litigation)

which involved a dispute over the ownership and accounts of StenoScribe, Inc. The current

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pleadings in that action are contained in the Appendix and are incorporated herein for all

purposes as if copied verbatim. Such suit by Hutchison is about the ownership of the software

that is utilized in the computerized court reporting systems that were sold by StenoScribe, Inc.,

now known as Courtroom Data Solutions, Inc., the ownership of Courtroom Data Solutions, Inc.,

an accounting regarding such business, and requests a money judgment due to the disparity of

money and property that Tsephanyah has received from such corporation versus what Hutchison

has received. ( See PLAINTIFF’S FIRST AMENDED ORIGINAL PETITION in Appendix,

Exhibit No. 1) In fact, in the DEFENDANT’S COUNTERCLAIM filed by Tsephanyah Hawkins

and Courtroom Data Solutions, Inc., they allege causes of actionsfor Tortious Interference with

Contracts, Misuse of Civil Process , and Misappropriation of Corporate Opportunities. (See

DEFENDANTS’ COUNTERCLAIM in Appendix, Exhibit No. 2)

2. The actions in the Texas State Litigation constitute the bases of most of the causes of action

alleged by the Plaintiffs in their Second Amended Complaint filed in this federal lawsuit

surrounding the sale of some computerized court reporting systems by StenoScribe, Inc., now

known as Courtroom Data Solutions, Inc. to the corporation now known as THE NATIONAL

INSTITUTE OF REALTIME COURT REPORTERS, INC.

A majority of the original defendants have been dismissed, The Honorable Judge John

Weeks, The National Institue of Realtime Reporter’s, The South Carolina School of Court

Reporting, Inc., Victoria L. Carter, the Carter Law Offices, Marilynn Gardner, John Chistolini,

S.A.W. Solutions, Inc., Charles C. Self, Donald Anderson, Chistolini and Desimone, Inc., and

Whitten & Young, P.C. The only remaining defendants are Hutchison, StenoScribe, Inc,

VocEdit, Inc., and Norman Oster. One of the Plaintiffs was dismissed, that being Courtroom

Data Solutions, Inc.

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3. All the facts in this case will certainly be litigated in the state court case. The time frame for

the causes of action alleged by the Plaintiffs in this case is from around June 2003 till present.

The time frame for the causes of action alledged in the state court proceedings is from 1997

through the present. It should be noted that Plaintiff Tsephanyah Hawkins specifically alleged a

cause of action in the state court action for misuse of civil process for the issuance of the

Temporary Restraining Order, which is one of his primary allegations here in this action. In

effect, now with the dismissal of most of the original defendants, this action amounts to a

removal action of the state court proceeding, which was filed first and is still pending.

4. A trial date has been scheduled for March 19, 2006, in the state court proceeding. (See

Appendix, Exhibit 3.)

5. The dismissal or abatement of this action would be an acceptable means of avoiding

unnecessary duplication of judicial machinery.

6. Any other required matters are set forth in the Brief in Support of this Motion.

WHEREFORE, PREMISES CONSIDERED, Defendants Hutchison, StenoScribe, Inc., VocEdit,

Inc. and Norman Oster, pray that after the court considers this motion, that it be granted and that

this matter be dismissed without prejudice, or in the alternative, abated until the state court action

is completed.

RESPECTFULLY SUBMITTED,

__/s/Gary M. Brown________________

Gary M. Brown, SBN03123500

3041 South 7th, Abilene, Texas 79605

(325)673-9599; fax (325)673-5772

Attorney for Defendants

garylawbrown@sbcglobal.net

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CERTIFICATE OF CONFERENCE PURSUANT TO

LOCAL RULE 7.1

I, Gary M. Brown, contacted Yahchanan Hawkins on October 15,

2006, and he informed me that he would oppose this Motion.

I, called Tsephanyah Hawkins, at 325-893-4790, and got his

answering machine, and left a message regarding a

conference. However, I anticipate that he will oppose this

motion.

Date: October 15, 2006

__/s/ Gary M. Brown______________

Gary M. Brown

CERTIFICATE OF SERVICE

This is to certify that on this the 15th day of October,

2006, I electonically filed the foregoing document with the

clerk of court of the U.S. District Court, Northern District

of Texas, using the electronic case filing statement of the

court. The electronic case filing system sent a “Notice of

Electronic Filing” to the attorneys of record who have

consented in writing to accept this Notice as service of

this document by electronic means.

I hereby certify that I made service by Certified Mail,

Return Receipt Requested, or by Fax if number is show, to

the following persons as addressed below:

Tsephanyah Y. Hawkins Yahehanan Y. Hawkins

3706 Private Road 2547 3471 Private Road 2541

Clyde, Texas 79510 Clyde, Texas 79510

__/s/ Gary M. Brown____________________

Gary M. Brown

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