Here is Jerry Jones' lawyer's emergency motion, filed yesterday, arguing that Jana Weckerly's lawsuit, containing salacious sexual assault allegations, should be sealed from public view.
Here is Jerry Jones' lawyer's emergency motion, filed yesterday, arguing that Jana Weckerly's lawsuit, containing salacious sexual assault allegations, should be sealed from public view.
Here is Jerry Jones' lawyer's emergency motion, filed yesterday, arguing that Jana Weckerly's lawsuit, containing salacious sexual assault allegations, should be sealed from public view.
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 _____________________________________________________________________________________________ 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 _____________________________________________________________________________________________ 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. _____________________________________________________________________________________________ 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. _____________________________________________________________________________________________ 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
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.
Kathy Jo Taylor, A Minor, by and Through David S. Walker, JR., Attorney at Law, As Guardian Ad Litem v. James G. Ledbetter, PH.D., 791 F.2d 881, 11th Cir. (1986)
United States v. Patricia Dawn Glosson, United States of America v. Jonathan Idema, United States of America v. Jonathan Idema, United States of America v. Jonathan Idema, United States of America v. Jonathan Idema, United States of America v. Jonathan Idema, United States of America v. Jonathan Idema, United States of America v. Jonathan Idema, United States of America v. Jonathan Idema, 83 F.3d 416, 4th Cir. (1996)