Plaintiff's Emergency Motion to Extend Temporary Restraining Order

Case 3:13-cv-03813-B Document 5 Filed 09/20/13 Page 1 of 4 PageID 150
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
HIGHLAND PARK PRESBYTERIAN * CIVIL ACTION NO.
CHURCH INC., *
*
Plaintiff, * 3:13-CV-3813
*
v. *
*
GRACE PRESBYTERY, INC., *
*
Defendant. *
PLAINTIFF’S EMERGENCY MOTION
TO EXTEND TEMPORARY RESTRAINING ORDER
Plaintiff Highland Park Presbyterian Church Inc. (“Highland Park”), subject to its Motion
to Remand and under Federal Rules of Civil Procedure 6(c)(1)(C) and 65, and Local Rule 7.1,
files this its Emergency Motion to Extend Temporary Restraining Order, and in support hereof
would show the Court the following.
1. On or about September 10, 2013, Highland Park initiated the underlying action in
the 298 th District Court of Dallas County, seeking a declaratory judgment, temporary restraining
order, temporary injunction, and permanent injunction. Doc. 1-3, Exh. C to the Notice of
Removal.
2. On that same day, the state trial court granted Highland Park’s request for a
temporary restraining order. Doc. 1-7, Exhibit G to the Notice of Removal. As the TRO notes, a
hearing was set on Highland Park’s request for a temporary injunction on Monday, September
23, 2013 at 9:30 a.m. Thus, the immediate effect of Defendant’s Notice of Removal was to
prevent Highland Park from having the state trial court rule on its request for a temporary
injunction.
PLAINTIFF’S EMERGENCY MOTION TO EXTEND TEMPORARY RESTRAINING ORDER PAGE 1

Case 3:13-cv-03813-B Document 5 Filed 09/20/13 Page 2 of 4 PageID 151
3. Under Texas law, the temporary restraining order expires as a matter of law
fourteen days from its issuance, unless extended. See Doc. 1-7, p. 3, Exhibit G to the Notice of
Removal; Texas Rule of Civil Procedure 680. Consequently, the Temporary Restraining Order
expires on September 24, 2013, unless otherwise extended.
4. Defendant filed its Notice of Removal on September 19, 2013, just days prior to
the expiration of the Temporary Restraining Order, and just two business days before the state
trial court hearing on Highland Park’s request for an injunction. Although 28 U.S.C. §1450
provides that “[a]ll injunctions, orders, and other proceedings had in such action prior to its
removal shall remain in full force and effect until dissolved or modified by the district court,”
case law dictates that this provision does not extend temporary restraining orders beyond their
expiration dates. See Granny Goose Foods, Inc. v. Bhd. of Teamsters & Auto Truck Drivers
Local No. 70, 415 U.S. 423, 444-45 (1974); Addison Ins. Mktg., Inc. v. Evans, No. CIV.A.
3:02-CV-0994-, 2002 WL 31059806 at *1 n.1 (N.D. Tex. Sept. 12, 2002) (request to dissolve
TRO moot since TRO had already expired, citing Granny Goose).
5. Highland Park requests that the Court issue an emergency, ex parte order
extending the Temporary Restraining Order issued by the Texas state district court until such
time as this Court rules on Highland Park’s request for a temporary injunction. In support of this
request, Highland Park incorporates the same as if set forth verbatim in its state court
submissions, including without limitation its Petition, Doc. 1-3, Exh. C to the Notice of
Removal; and Affidavit of Michael Crain, Doc. 1-9, Exh. I to the Notice of Removal.
PLAINTIFF’S EMERGENCY MOTION TO EXTEND TEMPORARY RESTRAINING ORDER PAGE 2

Case 3:13-cv-03813-B Document 5 Filed 09/20/13 Page 3 of 4 PageID 152
6. Alternatively, if the Court deems it appropriate, Highland Park requests that this
Motion be set for an immediate hearing in advance of the expiration of the state court Temporary
Restraining Order.
7. This request is made in order to preserve the status quo and to prevent irreparable
injury, all as set out in Highland Park’s Petition.
WHEREFORE, Plaintiff Highland Park Presbyterian Church Inc. respectfully prays that
the Court grant this Motion with or without a hearing, and further that it set a hearing on
Highland Park’s request for a temporary injunction, subject to and without waiver of Highland
Park’s Motion to Remand.
Respectfully submitted,
/s/ Kent C. Krause
Kent C. Krause
Texas Bar No. 11714600
kkrause@cdklawfirm.com
Eric L. Lindstrom
Texas Bar No. 12385200
elindstrom@cdklawfirm.com
CRADDOCK DAVIS & KRAUSE LLP
3100 Monticello Avenue, Suite 550
Dallas, Texas 75205-3442
Tel: 214-750-3555
Fax: 214-750-3551
Lloyd J. Lunceford
lloyd.lunceford@taylorporter.com
TAYLOR, PORTER, BROOKS & PHILLIPS, L.L.P.
451 Florida Street, 8 th Floor
Baton Rouge, Louisiana 70801
Tel: 225-381-0273
Fax: 225-346-8049
ATTORNEYS FOR PLAINTIFF
PLAINTIFF’S EMERGENCY MOTION TO EXTEND TEMPORARY RESTRAINING ORDER PAGE 3

Case 3:13-cv-03813-B Document 5 Filed 09/20/13 Page 4 of 4 PageID 153
CERTIFICATE OF CONFERENCE
Pursuant Local Rule 7.1(b), I hereby certify that on September 20, 2013, I conferred with
counsel for Defendant, William D. Sims, Jr., regarding the merits of this Motion, and was
informed that the Defendant opposes this Motion. Agreement could not be reached because
Defendant does not wish to be enjoined from the acts enumerated in the Temporary Restraining
Order.
/s/ Kent C. Krause
Kent C. Krause
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing Plaintiff Highland
Park Presbyterian Church’s Emergency Motion to Extend Temporary Restraining Order has been
forwarded to all counsel of record by certified United States mail, return receipt requested, or
other permissible method, on the 20 th day of September, 2013.
/s/ Kent C. Krause
Kent C. Krause
PLAINTIFF’S EMERGENCY MOTION TO EXTEND TEMPORARY RESTRAINING ORDER PAGE 4