Case 4:08-cv-01696 Document 80

Filed in TXSD on 06/24/11 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE SOURTHERN DISTRICT OF TEXAS HOUSTON DIVISION KEITH WAYNE SCHMIDT, Pro Se Plaintiff, v. STATE OF TEXAS, et al., Defendants.

Civil Action No. 4:08-cv-01696

JURY DEMANDED

DEFENDANTS DESIGNATION OF NEW ATTORNEY IN CHARGE AND CO-COUNSEL TO THE HONORABLE JUDGE OF THE DISTRICT COURT: All defendants except for Eric Gray, State Trooper, have been dismissed. Plaintiffs claims asserted against Defendant Eric Gray are set for trial on August 15, 2011. See D.E. 79. Defendants State of Texas, Texas Dept. of Public Safety, and Eric Gray file this Notice of Designation of New Attorney-in-Charge and Co-Counsel in connection with the above referenced case and state in support of this motion the following: This matter has been internally reassigned within the Office of the Attorney General of Texas. The Office of the Attorney General gives this Court notice that the new attorney-incharge of this matter is Assistant Attorney General Cynthia Lee Burton. In addition, co-counsel for trial is Assistant Attorney General Calysta Johnson. Cynthia Burton and Calysta Johnson will comply with this courts order to appear for trial on August 15, 2011. As the new attorneyin-charge, Assistant Attorney General Cynthia Lee Burton requests that all future documents in this matter be forwarded to Cynthia Lee Burton, Assistant Attorney General, P.O. Box 12548, Capitol Station, Austin, Texas 78711.

Case 4:08-cv-01696 Document 80

Filed in TXSD on 06/24/11 Page 2 of 3

Respectfully submitted, GREG ABBOTT Attorney General of Texas DANIEL T. HODGE First Assistant Attorney General BILL COBB Deputy Attorney General for Civil Litigation DAVID C. MATTAX Director of Defense Litigation DAVID A. TALBOT, JR. Law Enforcement Defense Division Chief /s/ Cynthia L. Burton CYNTHIA LEE BURTON Assistant Attorney General Attorney in charge Texas Bar No. 24035455 cynthia.burton@oag.state.tx.us /s/Calysta Johnson CALYSTA JOHNSON Assistant Attorney General Co-Counsel for trial Texas Bar No. 24057611 calysta.johnson@oag.state.tx.us P.O. Box 12548, Capitol Station Austin TX 78711 (512) 463-2080/Fax (512) 495-9139 ATTORNEYS FOR DEFENDANT ERIC GRAY, STATE OF TEXAS AND TEXAS DEPT. OF PUBLIC SAFETY

Case 4:08-cv-01696 Document 80

Filed in TXSD on 06/24/11 Page 3 of 3

NOTICE OF ELECTRONIC FILING I, Cynthia Lee Burton, Assistant Attorney General of Texas, certify that I have electronically submitted for filing a copy of Defendants Notice of Designation of New Attorney in Charge and Co-Counsel in accordance with the Electronic Case Files System of the Eastern District of Texas, Tyler Division on June 24, 2011. /s/Cynthia L. Burton CYNTHIA LEE BURTON Assistant Attorney General

CERTIFICATE OF SERVICE I, Cynthia Lee Burton, Assistant Attorney General, certify that a true and correct copy of Defendants Notice of Designation of New Attorney in Charge and Co-Counsel has been served by placing same in the United States Mail, postage pre-paid, return receipt requested, on June 24, 2011, addressed to: Keith Wayne Schmidt 9144 Narcille Street Conroe, Texas 77384 Appearing Pro Se CMRR #7007 3020 0000 0973 8260

/s/Cynthia L. Burton CYNTHIA LEE BURTON Assistant Attorney General

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