City v Robert Groden Docs

PLAINTIFF’S MOTION TO LIFT STAY Page 1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

ROBERT GRODEN,

Plaintiff,

V.

CITY OF DALLAS, et al

Defendants.

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CIVIL ACTION NO.

3:10-cv-01280-F

PLAINTIFF’S MOTION TO LIFT STAY

TO THE HONERABLE JUDGE OF SAID COURT:

NOW COMES Robert Groden, Plaintiff, and files this his Motion to Lift Stay, and for

same would show unto the Court as follows:

I.

Plaintiff’s counsel has communicated with Defendants’ counsel requesting its position on

this Motion, but to date, has received no response.

II.

This Court had temporarily stayed this action pending ruling by the County Criminal

Court of Appeals No. 1 on Defendant City of Dallas’ appeal of the Municipal Court’s Order

dismissing the criminal charges that led to Plaintiff’s arrest, incarceration, and prosecution, as

well as the seizure and sequestration of his property, all of which Plaintiff maintains were

without authority of law.

III.

Plaintiff’s legal position was first buttressed by the Municipal Court’s decision to dismiss

the criminal charges at issue. His position has now been further vindicated by the decision of the

Case 3:10-cv-01280-F Document 80 Filed 02/25/13 Page 1 of 3 PageID 888


County Criminal Court of Appeals No. 1, dated February 15, 2013, a true and correct copy of

which is attached hereto as Exhibit A.

IV.

The basis for this Court’s temporary stay of this action has now been removed.

Accordingly, Plaintiff requests that the stay be lifted and that the case proceed to trial in due

course.

WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that this Court’s Stay Order

be lifted and that this case be set for trial at the Court’s earliest convenience, and that Plaintiff

have such other and further relief to which he may be entitled.

Dated this 25th

day of February, 2013.

Respectfully submitted,

/s/ D. Bradley Kizzia

D. BRADLEY KIZZIA

State Bar No. 11547550

[email protected]

BROWN FOX KIZZIA & JOHNSON PLLC

750 N. St. Paul Street, Suite 1320

Dallas, Texas 75201

(469) 893-9940

(214) 651-3330 FAX

ATTORNEY FOR PLAINTIFF



CERTIFICATE OF SERVICE

The undersigned certifies that a true and correct copy of the above and foregoing

instrument has been forwarded to all counsel of record on the 25th

day of February, 2013, in

accordance with the Federal Rules of Civil Procedure.

/s/ D. Bradley Kizzia

D. BRADLEY KIZZIA


Case 3:10-cv-01280-F Document 80-1 Filed 02/25/13 Page 1 of 4 PageID 891




Defendants’ Response to Plaintiff’s Motion to Lift Stay and Response to the Court’s Order Staying Case

Robert Groden v. City of Dallas, et al.; Civil Action No. 3:10-CV-1280-F Page 1

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

ROBERT GRODEN, §

Plaintiff, §

§ CIVIL ACTION NO.

v. §

§ 3:10-CV-1280-F

CITY OF DALLAS, et al., §

Defendants. §

DEFENDANTS’ RESPONSE TO PLAINTIFF’S MOTION TO LIFT STAY

AND RESPONSE TO THE COURT’S ORDER STAYING CASE

TO THE HONORABLE COURT:

Defendants file their response to Plaintiff’s Motion to Lift Stay, filed on 25 February

2013 (the “Motion”) (ECF #80). Defendants do not oppose the relief sought in the Motion.

I. RESPONSE TO THE MOTION

The City of Dallas (the “City”) had appealed an order quashing an misdemeanor informa-

tion against Plaintiff, Robert Groden. The information against Groden was founded on an arrest

that is the subject matter of this litigation. This Court stayed proceedings in this case pending a

resolution of that appeal by the County Criminal Court of Appeals. (See Order Holding Motions

in Abeyance and Staying Case, entered on 4 November 2011 (ECF #69).)

The County Criminal Court of Appeals entered an opinion affirming the municipal court

judgment on 15 February 2013. (See Exhibit “A” to the Motion (ECF #80-1).) Unfortunately,

the appellate court did not transmit a copy of its opinion to the appellant-City, and the City first

learned that the appellate court had entered its opinion via an e-mail communication received

from Plaintiff’s counsel late in the afternoon on Friday, 22 February 2013.

The Court’s order staying this case directed Defendants “to submit to the Court an

Advisory stating the outcome of the appellate decision and whether the City will prosecute Mr.




Groden for the activities that gave rise to his Complaint in this case.” (See ECF #69.) Before

Defendants had the opportunity to notify the Court, Plaintiff filed his Motion at 12:27 p.m. on

Monday, 25 February 2013. Because Plaintiff’s Motion had already informed the Court of the

appellate court’s disposition of the City’s appeal, the City did not separately inform the Court

that the appellate court had reached a decision.

II. RESPONSE TO ORDER STAYING CASE

The City will not further appeal the municipal court’s order quashing the misdemeanor

information against Groden. Therefore, the City cannot further prosecute Mr. Groden in with

respect to his actions that gave rise to that misdemeanor charge.

For these reasons, Defendants do not oppose the relief that Groden seeks in his motion.

The Court should lift the stay imposed by the Court’s 4 November 2011 order, subject to the

motions that have been held in abeyance during the stay.

Respectfully submitted,

THOMAS P. PERKINS, JR.

Dallas City Attorney

s/ JASON G. SCHUETTE

Executive Assistant City Attorney

Texas Bar No.17827020

[email protected]

JAMES C. BUTT

Senior Assistant City Attorney

Texas Bar No. 24040354

[email protected]

City Attorney’s Office

1500 Marilla Street, Room 7B North

Dallas, Texas 75201

Telephone: (214) 670.3519

Telecopier: (214) 670.0622

Attorneys for Defendants


mailto:[email protected]

mailto:[email protected]



CERTIFICATE OF SERVICE

I certify that on 28 February 2013, I electronically filed the foregoing document with the

clerk of court for the U.S. District Court, Northern District of Texas, using the electronic case

filing system of the court. The electronic case filing system sent a “Notice of Electronic Filing”

to the following attorneys of record who have consented in writing to accept this Notice as

service of this document by electronic means:

Alex R. Tandy

Attorney at Law

777 Lonesome Dove Trail

Hurst, Texas 76054

Attorney for Plaintiff

D. Bradley Kizzia

Brown Fox Kizzia & Johnson PLLC

750 N. St. Paul Street, Suite 1320

Dallas, Texas 75201

Attorney for Plaintiff

s/ J. G. Schuette

Executive Assistant City Attorney


City v Robert Groden Docs

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