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STATUS REPORT ON PENDING LITIGATION 17/r . - ATIORNEY-CLIENT PRIVILEGED COM!\.IUNICATION - Re: No. H-93-2170 (Consolidated Action); Mary Moore, et aI. v. Dan Morales, et at.; In the United States District Court for the Southern District of Texas, Houston Division This memorandum reports on the settlement that has been reached with Plaintiffs and is available to you, should you elect to participate. The agreement contains the following terms: 1. Plaintiffs waive any requirement that the Municipal Defendants formally answer or otherwise respond to Plaintiffs' Complaints and agree not to seek the entry of any default against the Municipal Defendants due to the absence of any answer or other responsive pleading filed on their behalf. , Plaintiffs and the Municipal Defendants agree to the entry of an Order that states that: 2. ' I a. The Municipal Defendants shall abide, and be bound by, all interim and final injunctive or declaratory orders entered in this consolidated action that concern the constitutionality and enforcement of Senate Bill 1227, amending TEX. PENAL CODE ANN. §§ 38.I2(d)(2)(A), (B), (C) & (D) and 38.I2(e) and Texas House Bill 272, amending TEX. REV. CIY. STAT. A1'íN. art. 670Id § 47(a),(b),(c),(f) (the "challenged statutes"). Notice of any such order shall be provided to counsel for the Municipal Defendants. b. All other claims for relief against the Municipal Defendants are dismissed with prejudice; c. Plaintiffs and the Municipal Defendants shall, as among themselves, bear their own attorneys' fees and costs of court. i 3. The Municipal Defendants agree that they shall not seek any continuance, postponement or other delay in these proceedings. . 4. Plaintiffs and the Municipal Defendants agree that none of the parties to this Agreement anticipate the necessity of discovery or disclosure from one another but agree that if such need arises, the parties will cooperate in good faith to accomplish any such discovery. 5. The Murucipal Defendants stipulate that absent injunction or dec1aration as to the enforcement of the challenged statutes, it was their intention to enforce and abide by those statutes. 6. The parties agree that apart from the relief contained in the Agreed Order, Plaintiffs shall not seek to recover any other relief from the Municipal DefendaIH~, mat all other claims for reIid against the Murucipal Defendants shall be dismissed with prejudice and that, as among the parties to this Agreement, each such party shall bear its own costs of court and attorneys' fees. 7. Plaintiffs further agree to extend the terms of this Agreement to apply to any other municipal defendant that may subsequently consent to its terms. Please i~dicate below whether you wish to enter into this agreement by marking the appropriate response and telecopying your response to David Reagan at the TML Intergovernmental Risk Pool by October 11, 1993. If you have any questions or if we can be of any additional assistance, please do not hesitate to contact David Reagan or Mike Rains at TML, or Barry Abrams at Sewell & Riggs (713) 652-8700. The City of -5Ctv\' M~ V-c-(;)s DOES;&OCS ?i9JT consent to the proposed settlement agreement and authorize Sewell & Riggs to enter into the agreement on its behalf. BY:~t!,'~1 ~~ &-t't¡. DATE: 1C>!I~ jt:t3