Case waits for day in court

Published 11:00 pm Monday, January 23, 2012

Seale said he and Davis have talked to one another — a number — of times since Davis originally filed a different, longer lawsuit in circuit court on Oct. 31.

“Terry and I talked as late as last Tuesday and neither one of us had heard anything on a potential court date,” Seale said.

Since the October filing of a longer lawsuit, the case was sent to Federal Court on Nov. 3. At that point, Davis removed each of the complaint in the lawsuit except for the Open Meetings violation.

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That decision forced the suit back to Dallas County, with the hopes, Davis said, of getting the case before a judge quickly.

“We are working on our third month,” Davis said. “I would expect we will see some movement in the case this week.”

As for the response offered by school board attorneys, a copy of the response details how the defendants do not believe Jefferson made the case that any Open Meetings law was violated and called for the case to be dismissed.

“Jefferson has wholly failed to establish that any Defendants violated the Open Meetings Act,” attorneys write in the conclusion of their response. “Accordingly, this matter is due to be dismissed with prejudice in its entirety.”

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