Sims v. Texas Department of Housing and Community Affairs et al

Filing 53

ORDER denying 48 Motion for Preliminary Injunction. It is further ORDERED that Pltf's deposition SHALL reconvene on Thursday, 7/29/09 @ 10:00 in US Courthouse, Galveston, TX. It is further ORDERED that Dft's request for an award of attorneys' fees and costs related to its response to the Motion for Preliminary Injunction is DENIED.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION RICK SIMS VS. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, ET AL. § § § § § §

CIVIL ACTION NO. H-07-4511

ORDER On July 24, 2009, this Court conducted a Hearing with the Parties in regard to Plaintiff's "Motion for Preliminary Injunction" and other pretrial matters. The Court, having conferred with the Parties and considered all relevant arguments is of the opinion that the following Orders are appropriate. It is ORDERED that the deposition of Plaintiff, Rick Sims, WILL reconvene on Thursday, July 29, 2009, at 10:00 a.m. in Room 505 of the Federal Courthouse in Galveston, Texas, and WILL be completed at or before 4:30 p.m. that same day. Before the deposition commences, Sims SHALL produce all invoices and other documents which he claims are evidence of his expenditures related to his consulting contract with Zion. It is further ORDERED that prior to the commencement of Sims' deposition, Zion SHALL produce a copy of its application to the City of Houston related to the Zion Village Apartments project or an affidavit from an appropriate representative that it has made a diligent search for a copy of the application and that none exists in its possession or subject to its control. It is further ORDERED that for the reasons stated by this Court during the Hearing Sims' Motion for a Preliminary Injunction (Instrument no. 48) is DENIED: Sims has the adequate legal

remedy of damages. See Grupo Mexicano v. Alliance Bond, 527 U.S. 308, 319-20 (1999) (Even though damages have already been suffered by plaintiff, the court cannot issue a preliminary injunction to prevent defendant from transferring its assets until an enforceable judgment has been entered in favor of plaintiff.) Defendant's request for an award of attorneys' fees and costs related to its response to the Motion for Preliminary Injunction is DENIED. DONE at Galveston, Texas, this 27th day of July, 2009.

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