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FILED
10/10/2023 11:55 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Shelia Bradley DEPUTY
Cause No. DC-23-O4417
ROBERT WAYNE MITCHELL § IN THE DISTRICT COURT OF
Plaifltzfir, §
§
V. § 298th JUDICIAL DISTRICT
§
BRYAN COLLIER, EXECUTIVE §
DIRECTOR, TEXAS DEPARTMENT §
OF CRIMINAL JUSTICE § DALLAS COUNTY, TEXAS
Defendants.
DEFENDANT’S WRITTEN DESIGNATION AND
REQUEST FOR CLERK’S RECORD
TO THE HONORABLE COURT:
Please take notice that, in addition to the documents required in Texas Rule of Appellate
Procedure 34.5(a), Defendant-Appellee Bryan Collier designates the following documents for
inclusion in Clerk’s Record on appeal in accordance with TRAP 34.5(b):
1. Plaintist Original Petition (filed April 8, 2023).
2. Plaintiff s Motion for Judgment (filed May 23, 2023).
Plaintiff’s Proposed Non-Signed Order (filed May 23, 2023).
Plaintiff s Motion for Default Judgment (filed June 9, 2023).
Plaintiff s Non-Signed Proposed Order for Default Judgment (filed June 9, 2023).
Notice of Hearing/ Fiat (filed June 9, 2023)
June 16, 2023 Notice of Deficiency Letter to Petitioner signed by Associate Judge Tahira K.
Merritt (fled June 16, 2023)
8. Issue Citation to Bryan Collier (filed June 26, 2023)
9. Plaintist Motion for Enlargement of Time (filed June 26, 2023)
10. Citation certified mail Bryan Collier (filed July 5, 2023)
11. Plaintist Affidavit in Support of EX Parte Application for TRO (filed July 21, 2023)
12. Plaintiffs Proposed Order/ Application for Temporary Injunction (filed July 31, 2023)
13. Plaintiff s Proposed Writ of Temporary Injunction (filed July 31, 2023)
14. Plaintist Proposed Writ of Injunction—Temporary Restraining Order (filed July 31, 2023)
15. Plaintiff’s Non-signed Proposed Order for Application for Temporary Restraining Order
(filed July 31, 2023)
16. Plaintiff’s Non-signed Proposed Order for Final Judgment-Granting Permanent Injunction
(filed July 31, 2023)
17. Plaintiff s Petition for Temporary Restraining Order and Temporary and Permanent
Injunction (filed July 31, 2023)
18. Return of Service Executed Citation Bryan Collier (filed August 1, 2023)
19. Plaintist Non-Signed Proposed Order for Default Judgment (filed August 3, 2023)
20. Plaintist Notice of Hearing/ Fiat (Plaintiff s Motion for Default Judgment) (filed August 3,
2023)
21. Plaintist Motion for Default Judgment (filed August 3, 2023)
22. Plaintist Military Status Declaration (filed August 3, 2023)
23. August 7, 2023 Signed Order on Plaintist Order on Application for Temporary Restraining
Order (filed August 7, 2023)
24. Plaintist Notice of Appearance of Counsel by Taj A Warren (filed August 18, 2023)
25. Plaintist First Amended Petition and Supplemental Application for Temporary Restraining
Order and Request for Temporary Injunction (filed August 18, 2023)
26. Non Signed Proposed Order on Temporary Injunction (filed August 18, 2023)
27. Plaintist Notice of Appearance (filed August 18, 2023)
28. Plaintist First Amended Petition, Supplemental Application 8c Request for Temporary
Injunction (filed August 18, 2023)
29. Non-Signed Proposed Order for Temporary Injunction (filed August 18, 2023)
30. Plaintist Supplemental First Amended Petition & Supplemental Application for TRO and
Request for Temporary Injunction (filed (August 18, 2023)
31. Non-Signed Proposed Order for Temporary Injunction (filed August 18, 2023)
32. Non—Signed Proposed Order Granting TRO and Order Setting Hearing on Application for
Temporary Inunction (filed August 21, 2023)
33. August 21, 2023 Signed Order “Order Granting Temporary Restraining Order and Order
Setting Hearing on Plaintiff’ s Application for Temporary Injunction (filed August 21, 2023)
34. Defendants’ Motion to Dissolve the Temporary Restraining Order (filed August 30, 2023)
35. Defendant’s Non—Signed Proposed Order to Dissolve Temporary Restraining Order (Filed
August 30, 2023)
36. 9/5/23 Temporary Injunction Hearing before Hon. Emily Tobolowsky at 9:00 am
37. Defendant’s Response in Opposition to Plaintist Application for Temporary Injunction
(filed September 6, 2023)
38. Defendant’s Non-Signed Proposed Order on Defendants’ Opposition to Plaintiff’s
Application for Temporary Injunction (filed September 6, 2023)
39. Len Creasy Return of Service for service on Bryan Collier (filed September 7, 2023)
. Plaintiff’s Response to Defendants’ Opposition to Plaintist Application for Temporary
Injunction (filed September 7, 2023)
41. Defendants’ Reply to Plaintiff’s Response to Defs’ Opp to Plaintist Application for TI (filed
September 8, 2023)
42. Defendant Bryan Collier’s Original Answer, Jury Demand 8c Req. for Discl (filed September
25, 2023)
43. September 26, 2023 Signed Order on “Temporary Injunction” (filed September 26, 2023)
. Notice of Non Jury Trial Setting for February 6, 2024 (sent/ filed September 26, 2023)
Respectfully submitted,
KEN PAXTON
Attorney General of Texas
BRENT WEBSTER
First Assistant Attorney General
GRANT DORFMAN
Deputy First Assistant Attorney General
JAMES LLOYD
Deputy Attorney General for Civil Litigation
SHANNA E. MOLINARE
Division Chief
Law Enforcement Defense Division
Z S[ Lair/1. Suarez
LUIs A. SUAREz
Assistant Attorney General
Texas Bar No. 24117110
Luis.Suarengoagtexasgov
OFFICE 0F THE ATTORNEY GENERAL
Law Enforcement Defense Division
P.O. Box 12548
Austin TX 78711-2548
(512) 463-2080/Fax (512) 370—9814
COUNSEL FOR DEFENDANT BRYAN COLLIER
CERTIFICATE OF SERVICE
I, LUIS A. SUAREZ, Assistant Attorney General of Texas, certify that a true and correct
copy of the above and foregoing was served to all counsel of record pursuant to Rule 21 and Via
electronic means through the Attorney General’s electronic filing service provider, File and
ServeXpress on October 10, 2023.
—
/5/ Luis A. Suarez:
LUIS A. SUAREz
Assistant Attorney General
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.
Deborah Woltersdorf on behalf of Luis Suarez
Bar No. 24117110
Deborah.Woltersdorf@oag.texas.gov
Envelope ID: 80425709
Filing Code Description: Request Clerk Prepare Record
Filing Description: DEFENDNTS
Status as of 10/10/2023 3:32 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Deborah Woltersdorf Deborah.Woltersdorf@oag.texas.gov 10/10/2023 11:55:06 AM SENT
Associated Case Party: TDC, ID, BRYAN COLLIER
Name BarNumber Email TimestampSubmitted Status
Luis Suarez 24117110 luis.suarez@oag.texas.gov 10/10/2023 11:55:06 AM SENT
Associated Case Party: ROBERTWAYNEMITCH ELL
Name BarNumber Email TimestampSubmitted Status
Taj Warren twarren@warren|awpllc.com 10/10/2023 11:55:06 AM SENT
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FILED 10/10/2023 11:55 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Shelia Bradley DEPUTY Cause No. DC-23-O4417 ROBERT WAYNE MITCHELL § IN THE DISTRICT COURT OF Plaifltzfir, § § V. § 298th JUDICIAL DISTRICT § BRYAN COLLIER, EXECUTIVE § DIRECTOR, TEXAS DEPARTMENT § OF CRIMINAL JUSTICE § DALLAS COUNTY, TEXAS Defendants. DEFENDANT’S WRITTEN DESIGNATION AND REQUEST FOR CLERK’S RECORD TO THE HONORABLE COURT: Please take notice that, in addition to the documents required in Texas Rule of Appellate Procedure 34.5(a), Defendant-Appellee Bryan Collier designates the following documents for inclusion in Clerk’s Record on appeal in accordance with TRAP 34.5(b): 1. Plaintist Original Petition (filed April 8, 2023). 2. Plaintiff s Motion for Judgment (filed May 23, 2023). Plaintiff’s Proposed Non-Signed Order (filed May 23, 2023). Plaintiff s Motion for Default Judgment (filed June 9, 2023). Plaintiff s Non-Signed Proposed Order for Default Judgment (filed June 9, 2023). Notice of Hearing/ Fiat (filed June 9, 2023) June 16, 2023 Notice of Deficiency Letter to Petitioner signed by Associate Judge Tahira K. Merritt (fled June 16, 2023) 8. Issue Citation to Bryan Collier (filed June 26, 2023) 9. Plaintist Motion for Enlargement of Time (filed June 26, 2023) 10. Citation certified mail Bryan Collier (filed July 5, 2023) 11. Plaintist Affidavit in Support of EX Parte Application for TRO (filed July 21, 2023) 12. Plaintiffs Proposed Order/ Application for Temporary Injunction (filed July 31, 2023) 13. Plaintiff s Proposed Writ of Temporary Injunction (filed July 31, 2023) 14. Plaintist Proposed Writ of Injunction—Temporary Restraining Order (filed July 31, 2023) 15. Plaintiff’s Non-signed Proposed Order for Application for Temporary Restraining Order (filed July 31, 2023) 16. Plaintiff’s Non-signed Proposed Order for Final Judgment-Granting Permanent Injunction (filed July 31, 2023) 17. Plaintiff s Petition for Temporary Restraining Order and Temporary and Permanent Injunction (filed July 31, 2023) 18. Return of Service Executed Citation Bryan Collier (filed August 1, 2023) 19. Plaintist Non-Signed Proposed Order for Default Judgment (filed August 3, 2023) 20. Plaintist Notice of Hearing/ Fiat (Plaintiff s Motion for Default Judgment) (filed August 3, 2023) 21. Plaintist Motion for Default Judgment (filed August 3, 2023) 22. Plaintist Military Status Declaration (filed August 3, 2023) 23. August 7, 2023 Signed Order on Plaintist Order on Application for Temporary Restraining Order (filed August 7, 2023) 24. Plaintist Notice of Appearance of Counsel by Taj A Warren (filed August 18, 2023) 25. Plaintist First Amended Petition and Supplemental Application for Temporary Restraining Order and Request for Temporary Injunction (filed August 18, 2023) 26. Non Signed Proposed Order on Temporary Injunction (filed August 18, 2023) 27. Plaintist Notice of Appearance (filed August 18, 2023) 28. Plaintist First Amended Petition, Supplemental Application 8c Request for Temporary Injunction (filed August 18, 2023) 29. Non-Signed Proposed Order for Temporary Injunction (filed August 18, 2023) 30. Plaintist Supplemental First Amended Petition & Supplemental Application for TRO and Request for Temporary Injunction (filed (August 18, 2023) 31. Non-Signed Proposed Order for Temporary Injunction (filed August 18, 2023) 32. Non—Signed Proposed Order Granting TRO and Order Setting Hearing on Application for Temporary Inunction (filed August 21, 2023) 33. August 21, 2023 Signed Order “Order Granting Temporary Restraining Order and Order Setting Hearing on Plaintiff’ s Application for Temporary Injunction (filed August 21, 2023) 34. Defendants’ Motion to Dissolve the Temporary Restraining Order (filed August 30, 2023) 35. Defendant’s Non—Signed Proposed Order to Dissolve Temporary Restraining Order (Filed August 30, 2023) 36. 9/5/23 Temporary Injunction Hearing before Hon. Emily Tobolowsky at 9:00 am 37. Defendant’s Response in Opposition to Plaintist Application for Temporary Injunction (filed September 6, 2023) 38. Defendant’s Non-Signed Proposed Order on Defendants’ Opposition to Plaintiff’s Application for Temporary Injunction (filed September 6, 2023) 39. Len Creasy Return of Service for service on Bryan Collier (filed September 7, 2023) . Plaintiff’s Response to Defendants’ Opposition to Plaintist Application for Temporary Injunction (filed September 7, 2023) 41. Defendants’ Reply to Plaintiff’s Response to Defs’ Opp to Plaintist Application for TI (filed September 8, 2023) 42. Defendant Bryan Collier’s Original Answer, Jury Demand 8c Req. for Discl (filed September 25, 2023) 43. September 26, 2023 Signed Order on “Temporary Injunction” (filed September 26, 2023) . Notice of Non Jury Trial Setting for February 6, 2024 (sent/ filed September 26, 2023) Respectfully submitted, KEN PAXTON Attorney General of Texas BRENT WEBSTER First Assistant Attorney General GRANT DORFMAN Deputy First Assistant Attorney General JAMES LLOYD Deputy Attorney General for Civil Litigation SHANNA E. MOLINARE Division Chief Law Enforcement Defense Division Z S[ Lair/1. Suarez LUIs A. SUAREz Assistant Attorney General Texas Bar No. 24117110 Luis.Suarengoagtexasgov OFFICE 0F THE ATTORNEY GENERAL Law Enforcement Defense Division P.O. Box 12548 Austin TX 78711-2548 (512) 463-2080/Fax (512) 370—9814 COUNSEL FOR DEFENDANT BRYAN COLLIER CERTIFICATE OF SERVICE I, LUIS A. SUAREZ, Assistant Attorney General of Texas, certify that a true and correct copy of the above and foregoing was served to all counsel of record pursuant to Rule 21 and Via electronic means through the Attorney General’s electronic filing service provider, File and ServeXpress on October 10, 2023. — /5/ Luis A. Suarez: LUIS A. SUAREz Assistant Attorney General 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. Deborah Woltersdorf on behalf of Luis Suarez Bar No. 24117110 Deborah.Woltersdorf@oag.texas.gov Envelope ID: 80425709 Filing Code Description: Request Clerk Prepare Record Filing Description: DEFENDNTS Status as of 10/10/2023 3:32 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Deborah Woltersdorf Deborah.Woltersdorf@oag.texas.gov 10/10/2023 11:55:06 AM SENT Associated Case Party: TDC, ID, BRYAN COLLIER Name BarNumber Email TimestampSubmitted Status Luis Suarez 24117110 luis.suarez@oag.texas.gov 10/10/2023 11:55:06 AM SENT Associated Case Party: ROBERTWAYNEMITCH ELL Name BarNumber Email TimestampSubmitted Status Taj Warren twarren@warren|awpllc.com 10/10/2023 11:55:06 AM SENT