2011.8.26 Jaguars Lawsuit

Case 7:11-cv-00259 Document 1
Filed in TXSD on 08/26/11 Page 1 of 15
1 2 3 4 5 6 7 8 9 10 11 12 JGC EDINBURG LLC, a Texas 13 Limited Liability Company, 14 Plaintiff, 15 16 THE CITY OF EDINBURG, a Texas 17 Municipal Corporation, 18 19 20 COMES NOW PLAINTIFF JGC EDINBURG LLC, a Texas Limited Liability 21 Company, by and through the undersigned counsel and, based upon knowledge of its 22 own acts and upon information and belief with respect to the acts of others, complains 23 as follows: 24 25 26 27 28
K:\Files\Foster\Edinburg\11-002-p-Complaint.wpd ____________________________________________________________________________________________________________________________________________________________
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS McALLEN DIVISION
Case Number _____________ ORIGINAL COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND DAMAGES
v.
Defendant.
Page 1
ORIGINAL COM PLAINT Case Number ______________
1 2
INTRODUCTION This is an action challenging activities by the City of Edinburg, Texas in
3 violation of the rights afforded the Plaintiff by the First and Fourteenth Amendments 4 of the United States Constitution and Article I, Section 8 of the Texas Constitution, 5 seeking redress in the form of declaratory and injunctive relief, damages and 6 attorneys fees under 42 U.S.C. 1983, the Civil Rights Act of 1871, 42 U.S.C. 7 1988, Civil Rights Attorneys Fees Awards Act of 1976 and 28 U.S.C. 2201, et 8 seq., the Declaratory Judgment Act. Also included are closely related claims under 9 Texas law over which this court has jurisdiction pursuant to 28 U.S.C. 1367. 10 11 12 1. JURISDICTION AND VENUE Plaintiff seeks declaratory and injunctive relief against Defendant City
13 of Edinburg, Texas, a Texas municipal corporation (the City), pursuant to 42 U.S.C. 14 1983 on the grounds that Defendant, by its conduct and by the Citys ordinances, 15 has violated, and has threatened to violate, rights secured to Plaintiff by the 16 Constitution of the United States. Accordingly, Plaintiff invokes this Courts federal 17 question jurisdiction conferred by 28 U.S.C. 1331. Additionally, because the relief 18 described above is sought pursuant to 42 U.S.C. 1983, this Court also has jurisdic19 tion under 28 U.S.C. 1343. 20 2. Because this Court has jurisdiction to address the controversy before it,
21 28 U.S.C. 2201 grants the Court authority to declare the rights of the parties before 22 it; and 28 U.S.C. 2202 authorizes the Court to grant such further relief, including 23 injunctive relief, as the Court may deem necessary and proper. 24 25 26 27 28
Page 2
3.
Plaintiff also has stated claims under the Constitution and laws of the
2 State of Texas because the defendant has violated rights secured thereunder. Those 3 claims are so related to the other claims in this case, over which this Court has 4 original jurisdiction, that they form a part of the same case or controversy under 5 Article III of the United States Constitution. Accordingly, this Court has
6 supplemental jurisdiction over those claims pursuant to 28 U.S.C. 1367. 7 4. Venue is proper in this district pursuant to 28 U.S.C. 1391(b)(1 & 2)
8 because the only Defendant resides in this district and because a substantial part of 9 the events or omissions giving rise to the claim occurred and a substantial part of 10 property that is the subject of the action is situated in this district. Venue is proper 11 in this division pursuant to the Local Rules of this Court because the action arose in 12 Hidalgo County, Texas. 13 14 15 5. PARTIES Plaintiff, JGC Edinburg LLC (Plaintiff), is a limited liability company,
16 organized and existing under the laws of the State of Texas with its principal office 17 in Tarrant County, Texas. 18 6. Defendant City of Edinburg (Defendant or the City) is a municipal
19 corporation, organized and existing under the laws of the State of Texas. 20 21 22 7. FACTS COMMON TO ALL CLAIMS FOR RELIEF Plaintiff operates a business in the City of Edinburg known as Jaguars
23 Gold Club, located at 501 West University Drive, Edinburg, TX 78541 (Jaguars). 24 25 26 27 28
8.
Jaguars sells non-alcoholic beverages.
Page 3
9.
Jaguars also features live entertainment in the form of nude dancing,
2 expression protected by the First and Fourteenth Amendments of the United States 3 Constitution, Barnes v. Glen Theatre, Inc., 501 U.S. 560, 111 S.Ct. 2456, 115 4 L.Ed.2d 504 (1991) and Article I, Section 8 of the Texas Constitution, 2300, Inc. v. 5 City of Arlington, Tex., 888 S.W.2d 123 (Tex. App. Fort Worth 1994). 6 10. The business that is now Jaguars was acquired by Plaintiff in 2010;
7 however, it had been opened as the same species of business for approximately 20 8 years prior to Plaintiffs acquisition of it. 9 11. Jaguars is, and has been since opened by Plaintiffs predecessor, an
10 adult use Section 2.401 of the Citys Unified Development Code which requires 11 adult uses as defined in 17.206A thereof to be located in an industrial (I) or 12 general commercial (GC) zoning district and shall only take access from an 13 interior street in the Industrial (I) district; moreover, such uses must be at least 5 14 miles from any other adult use and at least 2,000 feet from any so-called sensitive 15 use listed in 2.401F, supra, such as schools, churches and playgrounds. 16 12. The adult use that now is Jaguars violates several of the limitations of
17 the Citys Unified Development Code cited above. However, because the business 18 was established at a location that was, at the time of its establishment, in an area of 19 unincorporated Hidalgo County that was a permissible location for such use but was 20 later annexed by the City, it is permitted to continue to operate because it is a 21 nonconforming use pursuant to section 6.201A.1 of the Citys Unified Development 22 Code. 23 13. The Edinburg Police Department is a department of the City, duly
24 authorized by the Citys Charter and the Citys Code of Ordinances. 25 26 27 28

Page 4
14.
On Monday, May 2, 2011, Rolando Castaeda (Castaeda) was sworn
2 in as the Citys new chief of police. He previously had served as a Texas Ranger, but 3 had never served in the Citys police department. 4 15. Once Castaeda assumed the position of the Citys police chief, unable
5 to close down Jaguars on zoning grounds, he began a campaign to eradicate Jaguars, 6 the only establishment in Hidalgo County offering erotic dancing entertainment, 7 because of the erotic content of the expressive activity offered at Jaguars. That 8 campaign included but was not limited to the following: 9 16. Castaedas campaign began when he ordered three, marked police cars
10 to be posted directly in front of Jaguars for three, consecutive evenings (the time of 11 day when Jaguars enjoys the most patronage), Wednesday through Friday, May 2512 27, 2011. Although there may have been a legitimate reason to police the streets near 13 Jaguars, it was not necessary to order the police cars to be posted directly in front of 14 Jaguars, a tactic calculated to intimidate potential customers, thereby reducing the 15 number of customers patronizing Jaguars, which was Castaedas objective. 16 17. Castaeda placed a lawn chair in Jaguars parking lot, where he sat and
17 oversaw the following proceedings that he supervised: 18 18. On Thursday, August 18, 2011, at approximately 10:30 PM, the Citys
19 Chief of Police and approximately twenty of the Citys police officers (all of which 20 were peace officers as defined and understood in connection with Chapter 18 of the 21 Texas Code of Criminal Procedure) arrived at Jaguars unannounced, in possession 22 of a single search warrant that is Exhibit 101 to this Complaint, authorizing only to 23 search for certain narcotics and to arrest certain individuals. 24 25 26 27 28
Page 5
19.
Prior to entry, one of the officers disconnected the water supply to the
2 building, which was not authorized by the warrant. 3 20. After the police turned off the water supply to the building, three of
4 Plaintiffs employees went outside to determine what had transpired. They were 5 confronted by a number of marked and unmarked police vehicles, including an RV 6 (recreational vehicle) that had been converted for police use. The RV had blocked 7 the driveway preventing ingress and egress from Jaguars parking lot. 8 21. Approximately 40 uniformed officers, many in SWAT paraphernalia
9 and with automatic weapons, then entered Jaguars; three officers remained outside, 10 prohibiting the three of Plaintiffs employees from re-entering Jaguars. 11 22. The nearly 40 officers who entered Jaguars immediately zip tied the
12 hands of each individual in Jaguars, meaning to restrain their hands comparable to 13 what would occur by placing individuals in handcuffs, except using locking plastic 14 strips rather than handcuffs. 15 23. One of the three individuals who was kept outside of Jaguars, Tony
16 Hadaway (Hadaway), was the on-duty manager. Upon learning that fact, several 17 of the officers present ordered Hadaway, who was handcuffed, to accompany them 18 to Jaguars office, whereupon they ordered him to unlock but not open the safe that 19 was located in the office. The officers then ordered Hadaway to face the wall of the 20 office that was opposite the safe so that he could not observe what the officers were 21 doing with the safe. 22 24. The officers removed approximately $1,500 in currency from the safe
23 (which consisted of all of the currency therein except single bills), along with 24 approximately $8,000 in club tokens; they also removed an additional but unknown 25 26 27 28
Page 6
1 amount of currency from Jaguars cash registers, estimated to be between $500 and 2 $1,500. 3 25. Some of the officers then seized materially every electronic device in
4 Jaguars, including laptop computers, I-Pads, backpacks and one managers wallet. 5 The officers had no basis for believing that any of these items contained narcotics. 6 26. Article 18.06 of the Texas Code of Criminal Procedure provides (with
7 emphasis added): 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
(a) A peace officer to whom a search warrant is delivered shall execute it without delay and forthwith return it to the proper magistrate. It must be executed within three days from the time of its issuance, and shall be executed within a shorter period if so directed in the warrant by the magistrate. (b) On searching the place ordered to be searched, the officer executing the warrant shall present a copy of the warrant to the owner of the place, if he is present. If the owner of the place is not present but a person who is present is in possession of the place, the officer shall present a copy of the warrant to the person. Before the officer takes property from the place, he shall prepare a written inventory of the property to be taken. He shall legibly endorse his name on the
inventory and present a copy of the inventory to the owner or other person in possession of the property. If neither the owner nor a person in possession of the property is present when the officer executes the warrant, the officer shall leave a copy of the warrant and the inventory at the place.
Page 7
27.
Being personally responsible for all of Jaguars property and correctly
2 believing he was entitled to an inventory of seized property (although not aware of 3 any specific statutory provision to that effect), Hadaway specifically requested that 4 the officers prepare and deliver to him an inventory of the seized property, which they 5 declined to do and have never done. 6 28. The officers seized the wallet of another manager of Jaguars, Christopher
7 Canseco, (Canseco), found no narcotics or any other contraband or evidence in it, 8 but refused to return it to him. It contained Cansecos drivers license, personal funds 9 and other items typically found in a personal wallet. 10 29. The officers kept Jaguars closed and detained all of the customers for
11 over four and one-half hours, which was unnecessary. In fact, the warrant could have 12 been executed in considerably less than an hour. 13 30. On the following day, Canseco telephoned the Citys police department
14 to inquire about two things. First, he requested the return of his wallet, to which the 15 police department responded that it had been lost. Second, he requested an inventory 16 of the seized property, which they declined to produce and have not yet produced. 17 31. As a proximate and legal consequence of the foregoing, Plaintiff has
18 suffered monetary damages arising from loss of business, deprivation of money and 19 property and loss of employee loyalty. 20 21 22 23 FIRST CLAIM FOR RELIEF [Violations of Federal Constitutional Rights; 42 U.S.C. 1983] 32. Plaintiff expressly incorporates all prior allegations of this Complaint as
24 if separately and specifically alleged in this Claim for Relief. 25 26 27 28

Page 8
33.
All of the acts and threats of the City alleged in this complaint were
2 under color of a statute, ordinance, regulation, custom, or usage of the City or of the 3 State of Texas. 4 34. Those acts and threats of the City caused, are causing and will cause
5 Plaintiff deprivation of rights, privileges, or immunities secured by the First and 6 Fourteenth Amendments to the United States Constitution. 7 35. The activities described herein beyond the execution of the warrant were
8 calculated to and in fact did interfere unnecessarily with the constitutionally protected 9 activity at Jaguars. 10 36. The seizure of Jaguars currency was not authorized by the warrant, was
11 without probable cause and calculated to intimidate Plaintiff. 12 37. All of the foregoing violated Plaintiffs rights under the First and
13 Fourteenth Amendments to the United States Constitution, including the right of free 14 speech and expression and the confiscation of property without due process of law. 15 16 17 18 38. SECOND CLAIM FOR RELIEF [Violation of Article I, 8 of the Texas Constitution] Plaintiff expressly incorporates all prior allegations of this Complaint as
19 if separately and specifically alleged in this Claim for Relief.. 20 39. All of the acts and threats of the City alleged in this complaint were
21 under color of a statute, ordinance, regulation, custom, or usage of the City or of the 22 State of Texas. 23 24 25 26 27 28
Page 9
40.
Those acts and threats of the City caused, are causing and will cause
5 calculated to and in fact did interfere unnecessarily with the constitutionally protected 6 activity at Jaguars. 7 42. The seizure of Jaguars currency was not authorized by the warrant, was
8 without probable cause and calculated to intimidate Plaintiff. 9 43. All of the foregoing violated Plaintiffs rights under Article I, 8 of the
10 Texas Constitution. 11 12 13 14 44. THIRD CLAIM FOR RELIEF [Declaratory Relief, 28 U.S.C. 2201, et seq.] Plaintiff expressly incorporates all prior allegations of this Complaint as
15 if separately and specifically alleged in this Claim for Relief.. 16 45. All of the acts and threats of the City alleged in this complaint were
17 under color of a statute, ordinance, regulation, custom, or usage of the City or of the 18 State of Texas. 19 46. Those acts and threats of the City caused, are causing and will cause
23 calculated to and in fact did interfere unnecessarily with the constitutionally protected 24 activity at Jaguars. 25 26 27 28
Page 10
48.
The seizure of Jaguars currency was not authorized by the warrant, was
2 without probable cause and calculated to intimidate Plaintiff. 3 49. All of the foregoing violated Plaintiffs rights under the First and
4 Fourteenth Amendments to the United States Constitution, including the right of free 5 speech and expression and the confiscation of property without due process of law. 6 50. The City believes that the aforesaid activities were entirely consistent
7 with the First and Fourteenth Amendment to the United States Constitution and 8 Article I, 8 of the Texas Constitution. 9 51. Accordingly, Plaintiff is entitled to a declaration that these activities
10 violated the First and Fourteenth Amendments to the United States Constitution and 11 Article I, 8 of the Texas Constitution. 12 13 14 15 52. FOURTH CLAIM FOR RELIEF [Return of Seized Property Pursuant to Texas Law1] Plaintiff expressly incorporates all prior allegations of this Complaint as
16 if separately and specifically alleged in this Claim for Relief.. 17 53. The currency, computers and other property alleged above was seized
18 in violation of the First, Fifth and Fourteenth Amendments to the United States 19 Constitution; the City has no basis for retaining any of it. 20 21 \\\ 22 \\\ 23 24 See State v. Thirty Thousand Six Hundred Sixty Dollars and no/100, 136 S.W.3d 392 (Tex.App. orpus Christi 2004). 25 26 27 28
54.
Accordingly, under Texas law, Plaintiff is entitled to its return.
Page 11
1 2 A.
PRAYER FOR RELIEF A temporary restraining order, preliminary injunction and permanent
3 injunction prohibiting bad faith law enforcement activities, all according to proof. 4 5 B. C. An award of damages, according to proof. An award of costs and reasonable attorneys fees pursuant to 42
6 U.S.C. 1988. 7 Dated: August 26, 2011. 8 9 10 11 12 13 14 15 By: /s/ Douglas M. OBrien Douglas M. O'Brien Respectfully Submitted, CLYDE DeWITT LAW OFFICES OF CLYDE DeWITT, APC LUKE CHARLES LIROT LUKE CHARLES LIROT, P.A. DOUGLAS M. O'BRIEN LAW OFFICES OF DOUGLAS M. OBRIEN
Counsel for Plaintiff, JGC Edinburg, LLC. 16 Clyde DeWitt Nevada State Bar No. 9791 17 California State Bar No. 117911 Law Offices of Clyde DeWitt, 18 A Nevada Professional Corporation 732 South Sixth Street, Suite 100 19 Las Vegas, NV 89101-6948 (702) 386-1756 20 Fax (310) 362-8667 clydedewitt@earthlink.net 21 (Subject to Admission Pro Hac Vice) 22 23 24 25 26 27 28
Page 12
1 Luke Charles Lirot Florida Bar Number 0714836 2 Luke Charles Lirot, P.A. 2240 Belleair Road, Suite 190 3 Clearwater, FL 33764 (727) 536-2100 4 Fax (727) 536-2110 luke2@lirotlaw.com 5 (Subject to Admission Pro Hac Vice) 6 Douglas M. O'Brien Law Offices of Douglas M. OBrien 7 1800 Chase Bank Building 712 Main Street 8 Houston, TX 77002 (713) 222-9955 9 Fax (713) 222-6515 dougobrien@sbcglobal.net 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Page 13
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
EXHIBIT 101
Search Warrant
Page 14
2JS 44 (Rev. 12/07)
Case 7:11-cv-00259 Document 1-1
Filed in TXSD CIVIL COVER SHEET on 08/26/11 Page 1 of 1
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
I. (a) PLAINTIFFS JGC EDINBURG LLC (b) County of Residence of First Listed Plaintiff
DEFENDANTS
THE CITY OF EDINBURG Tarrant County

County of Residence of First Listed Defendant
(IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED.
(EXCEPT IN U.S. PLAINTIFF CASES)
(c) Attorneys (Firm Name, Address, and Telephone Number)
Attorneys (If Known)
Clyde DeWitt, Law Offices of Clyde DeWitt, 732 South Sixth Street, Suite 100, Las Vegas, NV 89101-6948. (702) 386-1756. II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an X in One Box for Plaintiff
u 1
U.S. Government Plaintiff
u 3 Federal Question (U.S. Government Not a Party) u 4 Diversity

(Indicate Citizenship of Parties in Item III)
(For Diversity Cases Only) PTF u 1 Citizen of This State Citizen of Another State
DEF u 1
and One Box for Defendant) PTF DEF Incorporated or Principal Place u 4 u 4 of Business In This State Incorporated and Principal Place of Business In Another State Foreign Nation
u 2
U.S. Government Defendant
u 2 u 3
u u
u 5 u 6
u 5 u 6
Citizen or Subject of a Foreign Country
IV. NATURE OF SUIT

CONTRACT
(Place an X in One Box Only) TORTS PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury CIVIL RIGHTS 441 Voting 442 Employment 443 Housing/ Accommodations 444 Welfare 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 440 Other Civil Rights PERSONAL INJURY u 362 Personal Injury Med. Malpractice u 365 Personal Injury Product Liability u 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY u 370 Other Fraud u 371 Truth in Lending u 380 Other Personal Property Damage u 385 Property Damage Product Liability PRISONER PETITIONS u 510 Motions to Vacate Sentence Habeas Corpus: u 530 General u 535 Death Penalty u 540 Mandamus & Other u 550 Civil Rights u 555 Prison Condition
FORFEITURE/PENALTY
BANKRUPTCY
OTHER STATUTES
u u u u u u u u u u u u u u u u u u
110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excl. Veterans) 153 Recovery of Overpayment of Veterans Benefits 160 Stockholders Suits 190 Other Contract 195 Contract Product Liability 196 Franchise REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property
u u u u u u u u u u u u u u u u
u 610 Agriculture u 620 Other Food & Drug u 625 Drug Related Seizure of Property 21 USC 881 u 630 Liquor Laws u 640 R.R. & Truck u 650 Airline Regs. u 660 Occupational Safety/Health u 690 Other LABOR u 710 Fair Labor Standards Act u 720 Labor/Mgmt. Relations u 730 Labor/Mgmt.Reporting & Disclosure Act u 740 Railway Labor Act u 790 Other Labor Litigation u 791 Empl. Ret. Inc. Security Act
IMMIGRATION u 462 Naturalization Application u 463 Habeas Corpus Alien Detainee u 465 Other Immigration Actions
u 422 Appeal 28 USC 158 u 423 Withdrawal 28 USC 157

PROPERTY RIGHTS u 820 Copyrights u 830 Patent u 840 Trademark
u u u u u u u u u u u u u u u u u u u
SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g)) FEDERAL TAX SUITS u 870 Taxes (U.S. Plaintiff or Defendant) u 871 IRSThird Party 26 USC 7609
u u u u u
400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 810 Selective Service 850 Securities/Commodities/ Exchange 875 Customer Challenge 12 USC 3410 890 Other Statutory Actions 891 Agricultural Acts 892 Economic Stabilization Act 893 Environmental Matters 894 Energy Allocation Act 895 Freedom of Information Act 900Appeal of Fee Determination Under Equal Access to Justice 950 Constitutionality of State Statutes
V. ORIGIN
u 1 Original Proceeding
u 2 Removed from
State Court
(Place an X in One Box Only)
Appeal to District Appellate Court
u 3 Remanded from
u 4 Reinstated or u 5 Transferred from u 6 Multidistrict another district Reopened Litigation (specify)
u 7 Judge from Magistrate

Judgment
42 U.S.C. 1983 VI. CAUSE OF ACTION Brief description of cause: Plaintiff alleges bad-faith law enforcement activities by defendant. CHECK YES only if demanded in complaint: DEMAND $ u CHECK IF THIS IS A CLASS ACTION VII. REQUESTED IN UNDER F.R.C.P. 23 No u Yes u JURY DEMAND: COMPLAINT: VIII. RELATED CASE(S) (See instructions): JUDGE DOCKET NUMBER IF ANY
DATE SIGNATURE OF ATTORNEY OF RECORD
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
08/26/2011
FOR OFFICE USE ONLY RECEIPT # AMOUNT
/s/ Douglas M. O'Brien
APPLYING IFP
JUDGE
MAG. JUDGE

AO 440 (Rev. 12/09) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
Southern District of Texas __________ District of __________

JGC EDINBURG LLC, a Texas Limited Liability Company,
Plaintiff
v.
THE CITY OF EDINBURG, a Texas Municipal Corporation,
Defendant
) ) ) ) ) ) )
Civil Action No.
SUMMONS IN A CIVIL ACTION To: (Defendants name and address) THE CITY OF EDINBURG, 415 W. University Drive, Edinburg, Texas 78540
A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and address are: Clyde DeWitt, Law Offices of Clyde Dewitt, 732 South Sixth Street, Suite 100
Las Vegas, NV 89101-6948.
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk

AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)
Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date) .
u I personally served the summons on the individual at (place) on (date) u I left the summons at the individuals residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individuals last known address; or , who is on (date) u I returned the summons unexecuted because u Other (specify): . ; or ; or ; or
u I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization)
My fees are $
for travel and $
for services, for a total of $
0.00
I declare under penalty of perjury that this information is true.
Date:
Servers signature
Printed name and title
Servers address
Additional information regarding attempted service, etc:

2011.8.26 Jaguars Lawsuit

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

2011.8.26 Jaguars Lawsuit

Uploaded by

Copyright:

Available Formats

Case 7:11-cv-00259 Document 1

Filed in TXSD on 08/26/11 Page 1 of 15

Case 7:11-cv-00259 Document 1

Filed in TXSD on 08/26/11 Page 2 of 15

INTRODUCTION This is an action challenging activities by the City of Edinburg, Texas in

Case 7:11-cv-00259 Document 1

Filed in TXSD on 08/26/11 Page 3 of 15

Jaguars sells non-alcoholic beverages.

Case 7:11-cv-00259 Document 1

Filed in TXSD on 08/26/11 Page 4 of 15

Jaguars also features live entertainment in the form of nude dancing,

24 authorized by the Citys Charter and the Citys Code of Ordinances. 25 26 27 28

Case 7:11-cv-00259 Document 1

Filed in TXSD on 08/26/11 Page 5 of 15

On Monday, May 2, 2011, Rolando Castaeda (Castaeda) was sworn

Case 7:11-cv-00259 Document 1

Filed in TXSD on 08/26/11 Page 6 of 15

Case 7:11-cv-00259 Document 1

Filed in TXSD on 08/26/11 Page 7 of 15

Case 7:11-cv-00259 Document 1

Filed in TXSD on 08/26/11 Page 8 of 15

Being personally responsible for all of Jaguars property and correctly

24 if separately and specifically alleged in this Claim for Relief. 25 26 27 28

Case 7:11-cv-00259 Document 1

Filed in TXSD on 08/26/11 Page 9 of 15

Case 7:11-cv-00259 Document 1

Filed in TXSD on 08/26/11 Page 10 of 15

Case 7:11-cv-00259 Document 1

Filed in TXSD on 08/26/11 Page 11 of 15

Accordingly, under Texas law, Plaintiff is entitled to its return.

Case 7:11-cv-00259 Document 1

Filed in TXSD on 08/26/11 Page 12 of 15

Case 7:11-cv-00259 Document 1

Filed in TXSD on 08/26/11 Page 13 of 15

Case 7:11-cv-00259 Document 1

Filed in TXSD on 08/26/11 Page 14 of 15

Case 7:11-cv-00259 Document 1

Filed in TXSD on 08/26/11 Page 15 of 15

2JS 44 (Rev. 12/07)

Case 7:11-cv-00259 Document 1-1

Filed in TXSD CIVIL COVER SHEET on 08/26/11 Page 1 of 1

THE CITY OF EDINBURG Tarrant County

(EXCEPT IN U.S. PLAINTIFF CASES)

(c) Attorneys (Firm Name, Address, and Telephone Number)

Attorneys (If Known)

u 3 Federal Question (U.S. Government Not a Party) u 4 Diversity

U.S. Government Defendant

Citizen or Subject of a Foreign Country

IV. NATURE OF SUIT

u 422 Appeal 28 USC 158 u 423 Withdrawal 28 USC 157

(Place an X in One Box Only)

Appeal to District Appellate Court

u 4 Reinstated or u 5 Transferred from u 6 Multidistrict another district Reopened Litigation (specify)

u 7 Judge from Magistrate

/s/ Douglas M. O'Brien

Case 7:11-cv-00259 Document 1-2

Filed in TXSD on 08/26/11 Page 1 of 2

UNITED STATES DISTRICT COURT

Southern District of Texas __________ District of __________

Civil Action No.

Case 7:11-cv-00259 Document 1-2

Filed in TXSD on 08/26/11 Page 2 of 2

for travel and $

for services, for a total of $

Southern District of Texas District of