the City of Austin v. Emily Poole, Lynne Shelton, and Mohit Taneja, Individually and as Representatives of All Other Parties Similarly Situated

Opinion

ACCEPTED 03-14-00638-CV 7516410 THIRD COURT OF APPEALS AUSTIN, TEXAS 10/23/2015 1:16:24 PM JEFFREY D. KYLE CLERK No. 03-14-00638-CV

In the Third Court of Appeals FILED IN Austin, Texas 3rd COURT OF APPEALS AUSTIN, TEXAS 10/23/2015 1:16:24 PM JEFFREY D. KYLE Clerk THE CITY OF AUSTIN, Defendant – Appellant

v.

EMILY POOLE, LYNNE SHELTON, and MOHIT TANEJA, individually and as representatives of all other parties similarly situated, Plaintiff – Appellee

Appeal from Cause No. D-1-GN-09-002348 In the 126th Judicial District Court of Travis County, Texas

AGREED MOTION TO DISMISS THE APPEAL

ANNE L. MORGAN, Interim City Attorney MEGHAN L. RILEY, Chief, Litigation Division State Bar No. 24049373 City of Austin Law Department P. O. Box 1546 Austin, Texas 78767-1546 Telephone: (512) 974-2458 Facsimile: (512) 974-1311 meghan.riley@austintexas.gov

COUNSEL FOR DEFENDANT – APPELLANT TO THE HONORABLE THIRD COURT OF APPEALS:

Appellant and Appellees respectfully move the Court to dismiss

the petition for review. Appellant and Appellees would respectfully

show the Court as follows:

1. The parties originally agreed to abate the Appeal pending action

by the Governing Body for the City of Austin that would directly

address the issues raised as part of the appeal.

2. As of October 1, 2015, the Governing Body for the Appellant has

approved a new ordinance that moots the issues on the appeal before

this court.

3. No opinion or judgment has been issued by this court in this

matter.

PRAYER

Therefore, Appellant and Appellee pray that the court grant this

Agreed Motion, dismiss the Appeal filed in this proceeding, and order

each party to bear its/his own fees and costs related solely to this

Appeal, and issue a mandate that the attorney’s fees, court costs, and

post-judgment interest awarded by the trial court be paid.

Page 2 of 4 RESPECTFULLY SUBMITTED,

ANNE L. MORGAN, Interim City Attorney MEGHAN L. RILEY, Chief, Litigation Division

/s/ Meghan Riley Assistant City Attorney State Bar No. 24049373 City of Austin-Law Department Post Office Box 1546 Austin, Texas 78767-1546 Telephone: (512) 974-2458 Facsimile: (512) 974-1311 meghan.riley@austintexas.gov

Counsel for Defendant – Appellant

/s/ Robbie Alden Robert C. Alden Don Davis Byrd Davis Furman Alden, LLP 707 West 34th St. Austin, TX 78705

Counsel for Plaintiffs – Appellees

Page 3 of 4 CERTIFICATE OF SERVICE

This is to certify that I have served a copy of the foregoing on all parties, or

their attorneys of record, in compliance with the Appellate Rules of Civil

Procedure, on this 23rd day of October, 2015, as follows:

Via the CM/ECF System to: Robert C. Alden Don Davis Byrd Davis Furman Alden, LLP 707 West 34th St. Austin, TX 78705

/s/ Meghan Riley MEGHAN RILEY

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