Case Information
*0 RECEIVED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 5/22/2015 12:45:07 PM JEFFREY D. KYLE Clerk
*1 ACCEPTED 03-15-00279-CV [5397358] THIRD COURT OF APPEALS AUSTIN, TEXAS 5/22/2015 12:45:07 PM JEFFREY D. KYLE C ITY OF H OUSTON CLERK Annise D. Parker Mayor
Legal Department Donna L. Edmundson City Attorney Legal Department P.O. Box 368 Houston, Texas 77001-0368 City Hall Annex 900 Bagby, 4th Floor Houston, Texas 77002 832.393.6491 - Telephone 832.393.6259 - Facsimile www.houstontx.gov
May 20, 2015 Via e-Filing Hon. Velva L. Price Travis County District Clerk 1000 Guadalupe Street, Room 301 Austin, Texas 78701 Re: Cause No. D-1-GN-14-001654; The City of Houston v. Ken Paxton, Attorney General of
Texas ; in the 261st Judicial District Court of Travis County, Texas Appeal: No. 03-15-00279-CV; The City of Houston v. Ken Paxton, Attorney General of Texas ; in the Court of Appeals for the Third District of Texas at Austin
Dear Ms. Price: Plaintiff/Appellant City of Houston (the City) requests that the documents listed below be included in the Clerk’s Record to be prepared, certified and filed in the above-numbered appeal in the Third Court of Appeals:
Date filed Document 1. 06/02/14 City of Houston’s Original Petition for Declaratory Relief 2. 06/18/14 Defendant’s Original Answer 3. 01/07/15 Agreed Protective Order 4. 03/03/15 City of Houston’s First Amended Original Petition for Declaratory
Relief 5. 03/24/15 Defendant’s Cross-Motion for Summary Judgment 6. 03/25/15 City of Houston’s Cross-Motion for Summary Judgment 7. 04/07/15 Defendant Attorney General’s Response to Plaintiff’s Cross-Motion for
Summary Judgment Council Members: Brenda Stardig Jerry Davis Ellen R. Cohen Dwight A. Boykins Dave Martin Richard Nguyen Oliver Pennington Edward Gonzalez Robert Gallegos Mike Laster Larry V. Green Stephen C. Costello David W. Robinson Michael Kubosh C.O. “Brad” Bradford Jack Christie Controller: Ronald C. Green
*2 Hon. Velva L. Price May 20, 2015 Page 2
Date filed Document 8. 04/08/15 City of Houston’s Response to Defendant’s Cross-Motion for Summary Judgment 9. 04/15/15 Order Sealing Information at Issue for In Camera Inspection 10. 04/15/15 Final Judgment 11. 05/11/15 Notice of Appeal 12. 05/12/15 Letter from Courtland Crocker 13. Certified Bill of Costs 14. Docket Sheet 15. This letter
Pursuant to the Order Sealing Information at Issue for In Camera 16. Inspection signed on April 15, 2015 (attached as Ex. A), and Tex. Gov’t Code § 552.3221(c)(3) (attached as Ex. B), please transmit under seal to the Third Court of Appeals the Information at Issue (this is information which must be protected from public view).
Please let me know the cost of preparing this Clerk’s Record at your earliest convenience so that I can make arrangements for payment. Thank you for your courtesy and prompt attention to this matter. Sincerely, /s/ Mary Beth Stevenson Mary E. (“Mary Beth”) Stevenson Assistant City Attorney 832.393.6269 marybeth.stevenson@houstontx.gov
cc: Via e-service Kimberly L. Fuchs *3 Hon. Velva L. Price May 20, 2015 Page 3
Certificate of Service I hereby certify that on this 20th day of May, 2015, a true and correct copy of the foregoing has been served on counsel below via e-service. Kimberly L. Fuchs Assistant Attorney General Open Records Litigation P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 kimberly.fuchs@texasattorneygeneral.gov Attorney for Defendant
/s/ Mary Beth Stevenson Mary E. (“Mary Beth”) Stevenson *4 E XHIBIT A *5 CAUSE NO. D-l-GN-14-001654 THE CITY OF HOUSTON, TEXAS § IN THE DISTRICT COURT Plaintiff, § §
V.
§ OF TRAVIS COUNTY, TEXAS § GREG ABBOTT, §
ATTORNEY GENERAL OF TEXAS, §
§ 261 st JUDICIAL DISTRICT Defendant. ORDER SEALING INFORMATION AT ISSUE
FOR IN CAMERA INSPECTION
This is an open records lawsuit brought under the Public Information Act (PIA), Tex. Gov't Code ch. 552. This order is entered pursuant to Tex. Gov't Code § 552.3221. On this 15th day of April, 2015, at f ' 3Q p.m., Plaintiff, the City of Houston, filed with the Court for it.in camera inspection the information at issue, marked as Houston's Exhibit A and consisting of * I pages bearing Bates Numbers McDonald - McDonald . fi/t £>3*42 WCC&f) ~
IT IS ORDERED that the clerk shall file Houston's Exhibit A under seal as "Information at Issue"; append a copy of this order to the information; maintain the information at issue in a sealed envelope or in a manner that precludes disclosure; and transmit the information at issue to any court of appeals as part of the clerk's record.
IT IS ORDERED that the information at issue shall not be made available by the clerk or any custodian of records for public inspection. IT IS FURTHER ORDERED THAT THE INFORMATION AT ISSUE SHALL NOT BE RELEASED OR ACCESSED BY ANY PERSON OTHER THAN THE COURT, A REVIEWING COURT OF APPEALS, OR PARTIES PERMITTED TO INSPECT THE REFORMATION PURSUANT TO A PROTECTIVE ORDER.
*6 Signed this _, 2015. AGREED: • DONNA L. EDMUNDSON KEN PAXTON
Attorney General of Texas CITY ATTORNEY JUDITH L. RAMSEY CHARLES E. ROY'
First Assistant Attorney General
CHIEF, GENERAL LITIGATION SECTION
JAxMES E. DAVIS Deputy Attorney General for Civil Litigation
DAVID A.
TALBOT, JR. Chief, Administrative Law Division KlMBERLY BV State Bar No. 24044140
Senior Assistant Ctoy Attorney Assistant Attorney General Texas Bar No, 16656900
Chief, Open Records Ligation
CITY OF HOUSTON LEGAL DEPARTMENT
Administrative Law Division P.O. Box 368
Office of The Attorney General of Texas Houston, Texas 77001-0368 P.O. Box 12548, Capitol Station 832.393.6293 Austin, Texas 78711-2548 832.393.6259 Fax 512.475.4195 E-mail: day^dj^ed^/Jhojj^^ 512.457.4677 Fax Attorney for CITY OF HOUSTON
Attorney for Defendant Attorney General of Texas
*7 E XHIBIT B
§ 552.3221. In Camera Inspection of Information, TX GOVT § 552.3221
*8 Vernon’s Texas Statutes and Codes Annotated Government Code (Refs & Annos) Title 5. Open Government; Ethics (Refs & Annos) Subtitle A. Open Government Chapter 552. Public Information (Refs & Annos)
Subchapter H. Civil Enforcement V.T.C.A., Government Code § 552.3221 § 552.3221. In Camera Inspection of Information Effective: September 1, 2013 Currentness (a) In any suit filed under this chapter, the information at issue may be filed with the court for in camera inspection as is necessary for the adjudication of the case. (b) Upon receipt of the information at issue for in camera inspection, the court shall enter an order that prevents release to or access by any person other than the court, a reviewing court of appeals, or parties permitted to inspect the information pursuant to a protective order. The order shall further note the filing date and time. (c) The information at issue filed with the court for in camera inspection shall be:
(1) appended to the order and transmitted by the court to the clerk for filing as “information at issue”; (2) maintained in a sealed envelope or in a manner that precludes disclosure of the information; and (3) transmitted by the clerk to any court of appeal as part of the clerk’s record.
(d) Information filed with the court under this section does not constitute “court records” within the meaning of Rule 76a, Texas Rules of Civil Procedure, and shall not be made available by the clerk or any custodian of record for public inspection. (e) For purposes of this section, “information at issue” is defined as information held by a governmental body that forms the basis of a suit under this chapter. Credits Added by Acts 2013, 83rd Leg., ch. 461 (S.B. 983), § 1, eff. Sept. 1, 2013. V. T. C. A., Government Code § 552.3221, TX GOVT § 552.3221 Current through the end of the 2013 Third Called Session of the 83rd Legislature © 2015 Thomson Reuters. No claim to original U.S. Government Works. End of Document
© 2015 Thomson Reuters. No claim to original U.S. Government Works. 1 *9 § 552.3221. In Camera Inspection of Information, TX GOVT § 552.3221 © 2015 Thomson Reuters. No claim to original U.S. Government Works. 2