FILE Susan Collier
62013-10828
5/10/2016 7:52:57 AM
Hoathor N. Kellar
Comal County
CAUSE NO. C2013-1082B Piste Clerk
Monique RaTupun, In Tue Disrricr Court
PLAINTIFF
v. 207™ JUDICIAL DISTRICT
DAVID MISCAVIGE, RELIGIOUS
TECHNOLOGY CENTER, CHURCH
OF SCIENTOLOGY INTERNATIONAL,
STEVEN GREGORY SLOAT, MONTY DRAKE,
DAVE LuBow a/K/A DAVID J. LABOW, AND
an on eon ton ean un eon eon
ED BRYAN, 8
§
DEFENDANTS § ComaL County, TEXAS
UNOPPOSED MOTION FOR ENTRY OF NONSUIT WITHOUT
PREJUDICE
TO THE HONORABLE JUDGE OF SAID COURT:
Plaintiff in pro se respectfully requests that the court enter the attached
proposed Order Granting Notice of Nonsuit Without Prejudice. In support of this
motion, Plaintiff shows the Court as follows:
1, While performing its exit strategy from this lawsuit my former lawyers
made two things abundantly clear to me: a) my lawsuit is not worth it financially
for former counsel or anyone to continue to litigate, and b) my husband and I have
effectively achieved the primary purpose that the lawsuit was originally intended to
serve by our own independent effort. Since former counsel’s January 2016
withdrawal it has become evident that their own stated primary purpose for
litigating the case has also been achieved.
2. While I have come to accept former counsel’s conclusions “a” and “b”
above, the record before the 207" District Court and Third District Court ofAppeals clearly demonstrates my complaint to be meritorious. I do not harbor any
intention to reinstitute the case in the future. However, out of an abundance of
caution I ask that the court enter nonsuit without prejudice. That caution is
informed by the Texas Supreme Court in Epps v. Fowler (Supreme Court of Texas
No. 10-0283):
Today, we consider whether a defendant is a prevailing party entitled to attorney's
fees when the plaintiff nonsuits a claim without prejudice. We hold that such a
defendant is not a prevailing party unless the court determines, on the defendant's
motion, that the plaintiff took the nonsuit in order to avoid an unfavorable
judgment. We also hold that, because a nonsuit with prejudice immediately alters
the legal relationship between the parties by its res judicata effect, a defendant
prevails when the plaintiff nonsuits with prejudice. Supreme Court of Texas No.
‘10-0283, Christopher N. EPPS and Laura L. Epps, Petitioners, v. Bruce
FOWLER, Jr. and Stephanie L. Fowler, Respondents.
Thave conferred with counsel for Defendants and they do not oppose this
motion.
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that the Court
enter an Order granting notice of nonsuit without prejudice. A proposed Order is
appended hereto.
Respectfully submitted,
/s/ Monique Rathbun
Monique Rathbun in pro se
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|CERTIFICATE OF CONFERENCE
I certify that on 10 May, 2016, I conferred with counsel for Defendants
regarding the subject matter of this Motion and that Defendants do not oppose this
Motion.
Js/ Monique Rathbun
CERTIFICATE OF SERVICE.
Thereby certify that a true and correct copy of the foregoing document has
been forwarded via email to the following counsel of record in this cause in
accordance with the Texas Rules of Civil Procedure on this the 10th day of May,
2016:
Lamont A. Jefferson Via email: LJefferson@JeffersonCano.com
112 E. Pecan St., Suite 1650
San Antonio, Texas 78205
J. Tris Gibson ‘Via email: Iris.Gibson@haynesboone.com
Haynes & Boone, LLP
600 Congress Ave., Suite 1300
Austin, Texas 78701
‘Wallace Jefferson ‘Via email: wiefferson@adjtlaw.comAlexander Dubose Jefferson
& Townsend
515 Congress Avenue, Suite 2350
Austin, Texas 78701-3562
Ricardo Cedillo Via email; reedillo@lawdcm.com |
Les J. Strieber III Via email: Istricber@lawdem.com
Davis Cedillo & Mendoza, Inc.
McCombs Plaza, Suite 500
755 E. Mulberry Avenue
San Antonio, Texas 78212
George H. Spencer, Jr. Via email: spencer@clemens-spencer.com
Clemens & Spencer
112 E. Pecan St., Suite 1300
San Antonio, Texas 78205-1531
Jonathan H. Hull ‘Via email: jhull@reaganburrus.com
Reagan Burrus
401 Main Plaza, Suite 200
New Braunfels, Texas 78130
O, Paul Dunagan Via email: dunagan@sarleslaw.com
Sarles & Ouimet
370 Founders Square
900 Jackson Street
Dallas, Texas 75202
Bert H. Deixler Via email: bdeixler@kbkfirm.com i
Kendall Brill & Kleiger LLP
10100 Santa Monica Blvd., Suite 1725
Los Angeles, CA 90067Stephanie S. Bascon Via email: shascon@att.net
Law Office of Stephanie S. Bascon PLLC
297 W. San Antonio St.
New Braunfels, TX 78130
/s/ Monique Rathbun
Monique RathbunCAUSE NO. C2013-1082B
Monique RATHBUN, In Tae District CouRT
PLAINTIFF
ve 207™ JUDICIAL DISTRICT
DAVID MISCAVIGE, RELIGIOUS
‘TECHNOLOGY CENTER, CHURCH,
OF SCIENTOLOGY INTERNATIONAL,
STEVEN GREGORY SLOAT, MONTY DRAKE,
DAVE LUBOW A/K/A DAVID J. LABOW, AND