On January 12, 2007 the 401st District Court considered our motion for Summary Judgment.
Even after the judge convened his Court an hour late (due to a medical issue), and notice had been provided to CCGLA (Plaintiff) through their attorney about the hearing, CCGLA’s attorney failed to appear or contact the Court.
The judge made a number of comments about this case, and reported that he had reviewed all two volumes the night before. Our attorney provided an update to the Court, and the Court found the following:
- The Court FINDS that Plaintiffs failed to respond to Defendants’ Motion to Abate and Special Exceptions.
- The Court FINDS that Plaintiffs failed to attach supplemental affidavit to their pleadings.
- The Court FINDS that Plaintiffs failed to amend their pleadings as requested.
- The Court FINDS that Plaintiffs failed to respond to Defendants’ Motion for Summary Judgment.
- The Court, sua sponte, FINDS that no evidence summary judgment should be granted.
The following orders were then made by the Court:
- Defendants’ Motion for Summary Judgment was GRANTED.
- Defendants’ Motion for Summary Judgment was GRANTED on the basis of no evidence.
- Plaintiffs claims of Suit for Declaratory Relief, Breach of Fiduciary Duty and Request for Temporary Restraining Order were DISMISSED WITH PREJUDICE.
- Plaintiffs ordered to pay $8,300 in fees and $450 in costs (totalling $8,750).
So finally, after ten months, the case was dismissed in the Foundation’s (and its Trustees) favor.
Court Reference: 401-00994-06
Collin County Gay & Lesbian Alliance, Michael Agan, Lorie Burch, John Clements, Morris Garcia, Rosalinda Martinez, Dawnetta Miller, Wendell Mott, Kenneth Stowe (Plaintiffs)
Collin Equality Foundation, James Nunn, Chris Moss, Brian Marshall, Sean O’Connor (Defendants)