ACCEPTED
03-14-00638-CV
7516410
THIRD COURT OF APPEALS
AUSTIN, TEXAS
10/23/2015 1:16:24 PM
JEFFREY D. KYLE
CLERK
No. 03-14-00638-CV
In the Third Court of Appeals FILED IN
Austin, Texas 3rd COURT OF APPEALS
AUSTIN, TEXAS
10/23/2015 1:16:24 PM
JEFFREY D. KYLE
Clerk
THE CITY OF AUSTIN, Defendant – Appellant
v.
EMILY POOLE, LYNNE SHELTON,
and MOHIT TANEJA, individually
and as representatives of all other
parties similarly situated, Plaintiff – Appellee
Appeal from Cause No. D-1-GN-09-002348
In the 126th Judicial District Court
of Travis County, Texas
AGREED MOTION TO DISMISS THE APPEAL
ANNE L. MORGAN, Interim City Attorney
MEGHAN L. RILEY, Chief, Litigation Division
State Bar No. 24049373
City of Austin Law Department
P. O. Box 1546
Austin, Texas 78767-1546
Telephone: (512) 974-2458
Facsimile: (512) 974-1311
meghan.riley@austintexas.gov
COUNSEL FOR DEFENDANT – APPELLANT
TO THE HONORABLE THIRD COURT OF APPEALS:
Appellant and Appellees respectfully move the Court to dismiss
the petition for review. Appellant and Appellees would respectfully
show the Court as follows:
1. The parties originally agreed to abate the Appeal pending action
by the Governing Body for the City of Austin that would directly
address the issues raised as part of the appeal.
2. As of October 1, 2015, the Governing Body for the Appellant has
approved a new ordinance that moots the issues on the appeal before
this court.
3. No opinion or judgment has been issued by this court in this
matter.
PRAYER
Therefore, Appellant and Appellee pray that the court grant this
Agreed Motion, dismiss the Appeal filed in this proceeding, and order
each party to bear its/his own fees and costs related solely to this
Appeal, and issue a mandate that the attorney’s fees, court costs, and
post-judgment interest awarded by the trial court be paid.
Page 2 of 4
RESPECTFULLY SUBMITTED,
ANNE L. MORGAN, Interim City Attorney
MEGHAN L. RILEY, Chief, Litigation Division
/s/ Meghan Riley
Assistant City Attorney
State Bar No. 24049373
City of Austin-Law Department
Post Office Box 1546
Austin, Texas 78767-1546
Telephone: (512) 974-2458
Facsimile: (512) 974-1311
meghan.riley@austintexas.gov
Counsel for Defendant – Appellant
/s/ Robbie Alden
Robert C. Alden
Don Davis
Byrd Davis Furman Alden, LLP
707 West 34th St.
Austin, TX 78705
Counsel for Plaintiffs – Appellees
Page 3 of 4
CERTIFICATE OF SERVICE
This is to certify that I have served a copy of the foregoing on all parties, or
their attorneys of record, in compliance with the Appellate Rules of Civil
Procedure, on this 23rd day of October, 2015, as follows:
Via the CM/ECF System to:
Robert C. Alden
Don Davis
Byrd Davis Furman Alden, LLP
707 West 34th St.
Austin, TX 78705
/s/ Meghan Riley
MEGHAN RILEY
Page 4 of 4
the City of Austin v. Emily Poole, Lynne Shelton, and Mohit Taneja, Individually and as Representatives of All Other Parties Similarly Situated
Combined Opinion