On November 04, 2022 a
Motion,Ex Parte
was filed
involving a dispute between
Tarrer, Jimmie Jock,
and
City Of Dallas,
City Of Dallas Code Compliance Inspector Ralph Hayes,
Does 1 Through 100,
for OTHER (CIVIL)
in the District Court of Dallas County.
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FILED
9/20/2023 2:14 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Terri Kilgore DEPUTY
NO. DC-22-15368
JIMMY JOCK TARRER, § IN THE DISTRICT COURT
Plaintiff, g
V. g 14TH JUDICIAL DISTRICT
CITY OF DALLAS, g
Defendant. g DALLAS COUNTY, TEXAS
DEFENDANT CITY OF DALLAS’S MOTION FOR LEAVE TO EXCEED PAGE
LIMITATIONS IN ITS PLEA TO THE JURISDICTION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Defendant, City of Dallas (“the City”), and files this, its Motion for Leave
to Exceed Page Limitations in its Plea to the Jurisdiction, and would respectfully show unto the
Court the following:
I. BACKGROUND
On November 4, 2022, Plaintiff, Jimmy Jock Tarrer (“Tarrer”), filed suit against the City
alleging intentional tort claims consisting of conversion and tortious interference with prospective
relations, and a claim under the Theft Liability Act following the City of Dallas’ s seizure of various
inoperable motor vehicles and further abatement of premise conditions in accordance with the
Texas Transportation Code and Dallas City Code. Although Tarrer has dismissed his claims
against the City and chosen to proceed ultra vires against its employee, Ralph Hayes, he continues
to seek injunctive relief against the City, which is not achievable without an underlying cause of
action against the City. And, even if the City was a defendant, Tarrer does not plead any claims
that come within waiver of the City’s immunity under the Texas Torts Claims Act (“TTCA”). The
City intends to f11e a plea to the jurisdiction on these grounds, but the necessary exhibits exceed
the Court’s page limitations as outlined in the Civil District Courts’ General Order signed April 6,
2020.
II. ARGUMENT AND AUTHORITIES
Pursuant to the General Order, motions and briefs are limited to twenty-five pages of
argument and one appendix, also limited to twenty-five pages. However, “permission to file a
brief in excess of these page limitations may be granted by the Presiding Judge of any particular
Court upon a showing of compelling reasons.”
In this case, the City will be unable to make its arguments Without an extension of the page
limitations for its exhibits. In order to demonstrate that the injunctive relief sought is not
appropriate absent an underlying cause of action accompanying a waiver of immunity, the City
must provide the Court with evidence that provides a clear timeline of the events and acts
undertaken by Hayes and the City. In order to present its required evidence, the City requests leave
to exceed the page limitations for the exhibits in its plea to the jurisdiction. This motion is brought
for judicial efficiency, to see that justice is done, and is not made for the purposes of delay or
harassment.
III. PRAYER
WHEREFORE, PREMISES CONSIDERED, the City prays that the Court grant Leave to
Exceed the Page Limits in the City’s Plea to the Jurisdiction, and for such other and further relief,
both general and special, at law or in equity, to which the City may show itself justly entitled.
Respectfully submitted,
CITY ATTORNEY OF THE CITY OF DALLAS
Tammy L. Palomino
City Attorney
/s/ Devin 0. Alexander
2
DEVIN Q. ALEXANDER
Assistant City Attorney
Texas State Bar No. 24104554
Email: devin.alexander@dallascitvhall.com
WILLIAM D. SANDERS
Assistant City Attorney
Texas State Bar No. 24090962
Email: William.sanders2@da11as.gov
City Attorney’s Office
1500 Marilla Street, Room 7D North
Dallas, Texas 75201
Telephone: 214-670-3519
Telecopier: 214-670-0622
ATTORNEYS FOR DEFENDANT
CITY OF DALLAS
CERTIFICATE OF SERVICE
This is to certify that on September 20, 2023, a true and correct copy of the foregoing
document was served upon all parties appearing in this cause in accordance with the provisions of
the Texas Rules of Civil Procedure.
/s/Devin 0. Alexander
DEVIN Q. ALEXANDER
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Devin Alexander
Bar No. 24104554
devin.alexander@dallas.gov
Envelope ID: 79758332
Filing Code Description: Motion - Leave
Filing Description: EXCEED PAGE LIMITS
Status as of 9/20/2023 2:45 PM CST
Associated Case Party: JIMMIEJOCKTARRER
Name BarNumber Email TimestampSubmitted Status
Mark Russell Robinius 24025865 rshlawfirmllp@gmail.com 9/20/2023 2:14:36 PM SENT
Associated Case Party: CITY OF DALLAS
Name BarNumber Email TimestampSubmitted Status
Devin Q.Alexander devin.alexander@dallascityhall.com 9/20/2023 2:14:36 PM SENT
Document Filed Date
September 20, 2023
Case Filing Date
November 04, 2022
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FILED 9/20/2023 2:14 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Terri Kilgore DEPUTY NO. DC-22-15368 JIMMY JOCK TARRER, § IN THE DISTRICT COURT Plaintiff, g V. g 14TH JUDICIAL DISTRICT CITY OF DALLAS, g Defendant. g DALLAS COUNTY, TEXAS DEFENDANT CITY OF DALLAS’S MOTION FOR LEAVE TO EXCEED PAGE LIMITATIONS IN ITS PLEA TO THE JURISDICTION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Defendant, City of Dallas (“the City”), and files this, its Motion for Leave to Exceed Page Limitations in its Plea to the Jurisdiction, and would respectfully show unto the Court the following: I. BACKGROUND On November 4, 2022, Plaintiff, Jimmy Jock Tarrer (“Tarrer”), filed suit against the City alleging intentional tort claims consisting of conversion and tortious interference with prospective relations, and a claim under the Theft Liability Act following the City of Dallas’ s seizure of various inoperable motor vehicles and further abatement of premise conditions in accordance with the Texas Transportation Code and Dallas City Code. Although Tarrer has dismissed his claims against the City and chosen to proceed ultra vires against its employee, Ralph Hayes, he continues to seek injunctive relief against the City, which is not achievable without an underlying cause of action against the City. And, even if the City was a defendant, Tarrer does not plead any claims that come within waiver of the City’s immunity under the Texas Torts Claims Act (“TTCA”). The City intends to f11e a plea to the jurisdiction on these grounds, but the necessary exhibits exceed the Court’s page limitations as outlined in the Civil District Courts’ General Order signed April 6, 2020. II. ARGUMENT AND AUTHORITIES Pursuant to the General Order, motions and briefs are limited to twenty-five pages of argument and one appendix, also limited to twenty-five pages. However, “permission to file a brief in excess of these page limitations may be granted by the Presiding Judge of any particular Court upon a showing of compelling reasons.” In this case, the City will be unable to make its arguments Without an extension of the page limitations for its exhibits. In order to demonstrate that the injunctive relief sought is not appropriate absent an underlying cause of action accompanying a waiver of immunity, the City must provide the Court with evidence that provides a clear timeline of the events and acts undertaken by Hayes and the City. In order to present its required evidence, the City requests leave to exceed the page limitations for the exhibits in its plea to the jurisdiction. This motion is brought for judicial efficiency, to see that justice is done, and is not made for the purposes of delay or harassment. III. PRAYER WHEREFORE, PREMISES CONSIDERED, the City prays that the Court grant Leave to Exceed the Page Limits in the City’s Plea to the Jurisdiction, and for such other and further relief, both general and special, at law or in equity, to which the City may show itself justly entitled. Respectfully submitted, CITY ATTORNEY OF THE CITY OF DALLAS Tammy L. Palomino City Attorney /s/ Devin 0. Alexander 2 DEVIN Q. ALEXANDER Assistant City Attorney Texas State Bar No. 24104554 Email: devin.alexander@dallascitvhall.com WILLIAM D. SANDERS Assistant City Attorney Texas State Bar No. 24090962 Email: William.sanders2@da11as.gov City Attorney’s Office 1500 Marilla Street, Room 7D North Dallas, Texas 75201 Telephone: 214-670-3519 Telecopier: 214-670-0622 ATTORNEYS FOR DEFENDANT CITY OF DALLAS CERTIFICATE OF SERVICE This is to certify that on September 20, 2023, a true and correct copy of the foregoing document was served upon all parties appearing in this cause in accordance with the provisions of the Texas Rules of Civil Procedure. /s/Devin 0. Alexander DEVIN Q. ALEXANDER Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Devin Alexander Bar No. 24104554 devin.alexander@dallas.gov Envelope ID: 79758332 Filing Code Description: Motion - Leave Filing Description: EXCEED PAGE LIMITS Status as of 9/20/2023 2:45 PM CST Associated Case Party: JIMMIEJOCKTARRER Name BarNumber Email TimestampSubmitted Status Mark Russell Robinius 24025865 rshlawfirmllp@gmail.com 9/20/2023 2:14:36 PM SENT Associated Case Party: CITY OF DALLAS Name BarNumber Email TimestampSubmitted Status Devin Q.Alexander devin.alexander@dallascityhall.com 9/20/2023 2:14:36 PM SENT