Travis County District Judges' Response to Motion for Extension

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RICHARDS, WISEMAN & DURST 

Attorneys and Counselors David R. Richards 

J. Patrick Wiseman 

600 W. 7th Street Philip Durst 

Austin, Texas 78701-2710 Banks Tarver 

(512) 479-5017 

Telecopier: (512) 479-0409 Of Counsel: 

Reed Martin 

FEDERAL EXPRESS MAIL 
  

May 25, 1989 

John D. Neil 
Deputy Clerk 
United States District Court 

for the Western District of Texas 
Midland-Odessa Division 

200 East Wall Street 

Midland, Texas 79702 

RE: Civil Action No. MO-88-CA-154; LULAC, et al. v. Jin Mattox, 
et al. 

  

Dear Mr. Neil: 

Enclosed please find for filing among the papers in this cause 
original and one copy of the Travis County District Judges’ 
Response to Motion for Extension. Thank you for your continued 
courtesy and cooperation in this matter. 

Sincerely, 

David R. Richards 

DRR:gs 

Enclosures 

i All Counsel of Record 

 



  

IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF TEXAS 

MIDLAND-ODESSA DIVISION 

LULAC, ET AlL., 
Plaintiffs 

V. CIVIL ACTION ‘NO. 

MO-88-CA-154 

JIM MATTOX, ET AL., 

Defendants W
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TRAVIS COUNTY DISTRICT JUDGES' RESPONSE 
TO MOTION FOR EXTENSION 
  

  

TO THE HONORABLE COURT: 

The plaintiffs have filed a Motion to Extend time for 

asserting a claim for attorneys' fees against the Travis County 

District Judges and we oppose any such extension for the reasons 

set forth below: 

I. 

The defendants are entitled to know now, what basis, if any, 

plaintiffs can assert entitlement to attorneys' fees and should not 

be forced to ponder this matter for the years in which this case 

may be in litigation. We believe any such potential claim for 

attorneys' fees would be frivolous at best. Nonetheless, the 

District Judges are entitled to know now what if any exposure they 

may have for attorneys' fees. This is particularly true inasmuch 

as their departure from this case at their own request was because 

they did not wish to be exposed to attorneys' fees in their 

individual capacities. 

II. 

Plaintiffs' entitlement to attorneys' fees against these 

defendants is non-existent and these defendants wish to have that 

 



  

TN EE SV i TF ey PA NE eds =m a. 

matter determined now as is their right. Entitlement to attorney's 

fees does not exist for each of the following reasons: 

A. When a party seeks to intervene in one capacity, which 

is denied, but is allowed to intervene in another capacity and 

chooses not to do so, the party opposing intervention cannot be 

deemed to be a prevailing party. 

B. Even if somehow plaintiffs could be deemed to have 

prevailed they did so only on a procedural matter which does not 

form the foundation for award of attorneys' fees. 

Ir. 

Plaintiffs have no costs related solely to opposing the 

intervention of the Travis County District Judges. The costs 

incurred would have had to been incurred whether the Travis County 

District Judges had intervened or not. Whatever costs plaintiffs 

could conceivably assert and be entitled to recover, if any, can 

be presumably be recovered against the parties continuing in the 

litigation. 

IV. 

Defendants never sought to intervene in this matter in their 

individual capacity, never participated in this cause in their 

individual capacity, and when the Court denied them right to 

participate in their official capacity they voluntarily elected to 

withdraw from the case. Therefore, if plaintiffs are entitled to 

any attorneys' fee, it is only against these defendants in their 

official capacity. 

 



  

WHEREFORE, PREMISES CONSIDERED, your defendants respectfully 

pray the Court deny plaintiffs' motion and declare that plaintiffs 

are not entitled to recover attorneys' fees against these 

defendants. 

Respectfully submitted, 
/ | I { 
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bj 

DAVID R. RICHARDS 

Special Counsel 
Richards, Wiseman & Durst 
600 West 7th Street 
Austin, Texas 78701 
(512) 479-5017 
State Bar No. 16846000 

  

KEN ODEN 

Travis County Attorney 
State Bar No. 15195200 

P.O. Box 17458 

Austin, Texas 78767 
(512) 473-9415 

ATTORNEYS FOR THE DISTRICT JUDGES 
OF TRAVIS COUNTY 

 



CERTIFICATE OF SERVICE 
  

I hereby certify that a true and correct copy of the foregoing 

Travis County District Judges' Response to Motion for Extension has 

rd 

been sent on this ‘//) day of May, 1989, by United States Mail, 

postage prepaid to: 

Garrett, Thompson & Craig 
Attorneys at Law 
8300 Douglas, Suite 800 
Dallas, Texas 75225 

Susan Finkelstein 
Attorney at Law 
201 No. St. Mary's, Suite 600 
San Antonio, Texas 78205 

Mark H. Dettman 

Attorney at Law 

P.O. Box 2559 

Midland, Texas 79702 

Rolando L. Ruiz 
Attorney at Law 
201 No. st. Mary's, Suite 221 
San Antonio, Texas 78205 

Renea Hicks 
Assistant Attorney General 
P.O. BOX 12548 

Austin, Texas 78711 

Sherrilyn A. Ifill 
Attorney at Law 

NAACP Legal Defense and Educational Fund, Inc. 
99 Hudson Street 
New York, N.Y¥.5 10013 

Edward B. Cloutman, III 
Mullinax, Wells, Baab & Cloutman, P.C. 
3301 Elm 

Dallas, Texas 75226-9222  



  

E. Bruce Cunningham 
Attorney at Law 
777 8. R. L. Thornton Fwy #5121 
Dallas, Texas 75203 

Gabrielle K. McDonald 
Matthews & Branscomb 
301 Congress Avenue, 

Austin, Texas 78701 
Suite 2050 

J. Eugene Clements 
John E. O'Neill 
Evelyn V. Keys 
Porter & Clements 
700 Louisiana #3500 
Houston, Texas 77002-2730 

Darrell Smith 
Attorney at Law 
10999 Interstate Hwy 10, #905 
San Antonio, Texas 78230 

Michael J. Wood 
Attorney at Law 
440 Louisiana #200 
Houston, Texas 77002 

Robert H. Mow, Jr. 

Hughes & Luce 
2800 Momentum Place 
1717 Main Street 
Dallas, Texas 75201 

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NSA AAS I}! / 
  

DAVID R. RICHARDY ¥