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EMERGENCY MOTION TO SEAL COURT RECORDS Page 1

CAUSE NO. DC-14-10061

J ANA WECKERLY IN THE DISTRICT COURT OF
Plaintiff,


v.
134
th
J UDICIAL DISTRICT
J ERRY J ONES, AND DALLAS
COWBOYS FOOTBALL CLUB LTD.
Defendant. DALLAS COUNTY, TEXAS


DEFENDANT'S EMERGENCY MOTION TO SEAL COURT RECORDS


COMES NOW, Movant J erry J ones filing this, his Emergency Motion to Seal Court
Records, and would respectfully show the Court the filing.
I.
RELIEF SOUGHT
1. Plaintiff filed the instant lawsuit on September 9, 2014. The lawsuit contains
salacious allegations against Mr. J ones, a prominent member of the Dallas community. The
outrageous allegations against Mr. J ones have no factual basis whatsoever. Simply put, they are
false. It is readily apparent that Plaintiffs pleading in this case is deficient on its face. Even if
the allegations were true, and they are not, Plaintiff pleads the alleged acts occurred in May or
J une 2009. The statute of limitations for each and every cause of action pled by plaintiff has
clearly run. Plaintiffs reliance upon CPRC 16.063 is clearly disingenuous. See Ashley v.
Hawkins, 293 S.W.3d 175 (Tex. 2009) (holding that a defendant who is amenable to service in a
territory is present for purposes of 16.063 and thereby the statute of limitations does not toll);
see also Liptak v. Brunson, 402 S.W.3d 909 (Tex. App.Dallas 2013, no pet.) (holding that the
statute of limitations does not toll under 16.063 for a resident defendant for absences from
FILED
DALLAS COUNTY
9/9/2014 4:17:29 PM
GARY FITZSIMMONS
DISTRICT CLERK
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EMERGENCY MOTION TO SEAL COURT RECORDS Page 2
the state due to work or vacation). Plaintiffs counsel, Thomas D. Bowers was made aware of
these cases prior to filing his lawsuit. Yet, in an apparent attempt to harass Mr. J ones and to gain
headlines for himself, Mr. Bowers filed this lawsuit anyway. It should be noted that Mr. Bowers
has already been sued in Harris County, Texas for barratry. See Victor Gonzalez v. Thomas D.
Bowers, III, PLLC Cause No. 2014-28693, In the 189
th
J udicial District Court, Harris County,
Texas).

2. Movant respectfully requests this Court immediately sign a Temporary Order
Sealing Court Records, sealing the record of this case, to include any and all pleadings, motion
and discovery items that may be filed in the papers of this cause until such time as Plaintiff can
produce sufficient admissible evidence that the outrageous allegations contained in her pleadings
have merit; and upon hearing, sign an Order Sealing Court Records.
II.
ARGUMENT AND AUTHORITIES
3. Courts have recognized that the public has a common law right to inspect and
copy judicial records, Nixon v. Warner Communications, Inc., 435 U.S. 589,597 (1978); Belo
Broadcasting Corp. v. Clark, 654.F.2d 423,429 (5
th
Cir. 1981). However, the public's common
law right is not absolute. Nixon 435 U.S. at 598; See Belo, 654 F.2d at 430. "Every court has
supervisory power over its own records and files, and access has been denied where court files
might have become a vehicle for improper purposes." Nixon, 435 U.S. at 598. Thus, the
common law merely establishes a presumption of public access to judicial records. SEC v. Van
Waeyenberghe, 990 F.2d 845, 848 (5
th
Cir. 1993). While other circuits have held that there is a
strong presumption in favor of the public's common law right of access to judicial records, the
Fifth Circuit has refused to assign a particular weight to the right. See Belo, 654 F.2d at 434
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EMERGENCY MOTION TO SEAL COURT RECORDS Page 3
("[T]he presumptionhowever gaugedin favor of public access to judicial records[is] one
of the interests to be weighed.")(emphasis added).
4. In Texas, the standard for sealing court records is found in Texas Rule of Civil
Procedure 76a. Under Tex. R. Civ. P. 76a, court records may be sealed if there is a specific,
serious and substantial interest that outweighs the presumption of openness and any probable
adverse effect that sealing will have on general public health or safety. In this case, the interests
favoring nondisclosure far outweigh the presumption of openness and any probable adverse
effect that sealing will have on general public health or safety. Plaintiff has accused Movant of
unfounded but very serious and salacious actions. Such accusations shock the conscience and are
extremely inflammatory. The sealing of these records does not have an adverse effect on general
public health or safety, as the accusations made are being used solely for scandalous and libelous
purposes. In addition, no less restrictive means than sealing records will adequately and
effectively protect the specific interest asserted because any public access to the accusations and
information contained in the pleadings, with no evidence of their merit, would cause immediate
and irreparable harm to Movant, to Movant's family, to his reputation in the community, and
would result in incalculable damage to Movant's business interests.
5. Texas Rule of Civil Procedure 76a also authorizes the issuance of a temporary
sealing order upon motion and notice to the parties upon a showing of compelling need that
immediate and irreparable injury will result to a specific interest before notice can be posted and
a hearing held. Here, immediate and irreparable injury will result to movant, his family, his
reputation in the community, and his business interests before notice can be posted and a hearing
held. Therefore, it is respectfully requested that this Court immediately issue a temporary
sealing order.
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EMERGENCY MOTION TO SEAL COURT RECORDS Page 4
6. In this case, the interests favoring the nondisclosure far outweigh the public's
common law right of access. Plaintiff has accused Movant of unfounded but very serious and
salacious criminal actions against her. Such accusations shock the conscience and are extremely
inflammatory. The accusations made against not only the Movant but also a multitude of other
individuals and corporate entities in Plaintiff's pleadings could all be used for scandalous or
libelous purposes. Public access to the accusations and information contained in the pleadings,
with no evidence of their merit, would cause immediate and irreparable harm to Movant, to
Movant's family, to his reputation in the community, and would result in incalculable damage to
Movant's business interests.
III.
CONCLUSION
WHEREFORE, PREMISES CONSIDERED, Movant respectfully requests the Court to
seal all records pertaining to this proceeding, including all pleadings, motions and discovery
items that may be filed in the papers of this cause, and to any and other relief to which Movant
may show himself justly entitled.
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EMERGENCY MOTION TO SEAL COURT RECORDS Page 5
Respectfully submitted,
MCCATHERN, PLLC



/s/ Levi G. McCathern, II
Levi G. McCathern II
State Bar No. 00787990
lmccathern@mccathernlaw.com
Paul A. Grinke
State Bar No. 24032255
pgrinke@mccathernlaw.com

3710 Rawlins, Suite 1600
Dallas, Texas 75219
214-741-2662 Telephone
214-741-4717 Facsimile

ATTORNEYS FOR JERRY JONES


CERTIFICATE OF SERVICE

I hereby certify that on this 9
th
day of September, 2014, a true and correct copy of the
foregoing Defendant's Motion to Seal Court Records was served upon Plaintiff at the following
address:


Via E-Service
Thomas D. Bowers III
2331 West Northwest Highway
Dallas, Texas 75220
Tel: 214-237-9001
Fax: 214-237-9002
bowersfirm@gmail.com



/s/ Levi G. McCathern, II
Levi G. McCathern II/Paul A. Grinke

CAUSE NO. DC-14-10061
JANA WECKERLY,







IN THE DISTRICT COURT OF
Plaintiff,
134th JUDICIAL DISTRICT
v.
JERRY JONES AND DALLAS
COWBOYS FOOTBALL CLUB LTD.
DALLAS COUNTY, TEXAS
Defendant
VERIFICATION
Before me, the undersigned notary, on this day personally appeared Jerral Wayne Jones, a
person whose identity is known to me. After I administered an oath to affiant, affiant testified:
"My name is Jerral Wayne Jones. I am capable of making this verification. I have read
Defendant's Emergency Motion to Seal Court Records. The facts stated in it are true and
correct, except as to matters therein stated to be on information and belief and as to such matters
the undersigned certifies as aforesaid that he verily believes the same
SUBSCRfBED AND SWORN to before me on this the _9_day of __ September_, 2014,
to certify which witness my hand and seal of office.