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Austin Lawyers Guild et al v. Securus, TX, Order, illegal telephone recording, 2015

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Case 1:14-cv-00366-LY Document 62 Filed 03/23/15 Page 1 of 3
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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS

2015HAR23

-fl

P11

AUSTIN DIVISION
AUSTIN LAWYERS GUILD, CARL
GOSSETT, DAVID GRASSBAUGH,
MARK SAMPSON, FRANCIS
WILLIAMS, AND THE PRISON
JUSTICE LEAGUE,
PLAINTIFFS,

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V.

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CAUSE NO. 1:14-C V-366-LY

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SECURUS TECWNOLOGIES, INC.,
TRAVIS COUNTY SHERIFF'S OFFICE,
SHERIFF GREG HAMILTON (IN HIS
OFFIC1AL CAPACITY), TRAVIS
COUNTY DISTRICT ATTORNEY'S
OFFICE, DISTRICT ATTORNEY
ROSEMARY LEHMBERG (IN HER
OFFICIAL CAPACITY), TRAVIS
COUNTY ATTORNEY'S OFFICE, AND
COUNTY ATTORNEY DAVID
ESCAMILLA (IN HIS OFFICIAL
CAPACITY),
DEFENDANTS.

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ORDER ON REPORT AND RECOMMENDATION
Before the court in the above-styled and numbered cause are Defendants Hamilton,

Lehmberg and Escamilla' s Motion to Dismiss Pursuant to Rule 1 2(b)( 1), Rule 1 2(b)(6) filed August
6, 2014 (Clerk's Doc. No. 27); Defendants Travis County

Sheriffs Office, Travis County District

Attorney's Office, and Travis County Attorney's Office's Motion to Dismiss Pursuant to Rule
12(b)(1), 12(b)(6) filed August 6, 2014 (Clerk's Doc. No. 28); Defendant Securus Technologies,

Inc.'s Renewed Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed August
6, 2014 (Clerk's Doc. No. 29); Plaintiffs' Response to Defendants' Renewed Motions to Dismiss

filed September 5, 2014 (Clerk's Doe. No. 34); Reply Brief in Support of Defendant Securus

1:53

Case 1:14-cv-00366-LY Document 62 Filed 03/23/15 Page 2 of 3

Technologies, Inc.'s Renewed Motion to Dismiss Pursuant to Fed. R. Civ. P 12(b)(1) and 12(b)(6)
filed September 26, 2014 (Clerk's Doc. No. 36); and Travis County Defendants' Reply to Plaintiffs'

Response to Defendants' Renewed Motions to Dismiss filed September 26, 2014 (Clerk's Doc. No.
38).

The above-listed motions were referred to the United States Magistrate Judge for findings

and recommendations pursuant to 28 U.S.C. § 636(b), Federal Rule of Civil Procedure 72, and Rule
1(d)

of Appendix

C

of the Local Rules of the United States District Court for the Western District

of Texas, as amended. The magistrate judge filed his Report and Recommendation on February 4,
2015 (Clerk's Doe. No, 52), recommending that this court grant in part and deny in part Defendants'

motions.

Pursuant to 28 U.S.C.

§

636(b) and Rule 72(b) of the Federal Rules of Civil Procedure, a

party may serve and file specific, written objections to the proposed findings and recommendations

of the Magistrate Judge within 14 days after being served with a copy of the Report and
Recommendation, and thereby secure a de

novo

review by the District Court. A party's failure to

timely file written objections to the proposed findings, conclusions, and recommendation in a Report
and Recommendation bars that party, except upon grounds of plain error, from attacking on appeal
the unobjected-to proposed factual findings and legal conclusions accepted by the District Court.
See Douglass

v.

United Services Auto Ass 'n,

79 F.3d 1415 (5th Cir. 1996)

(en banc).

Defendant Securus Technologies, Inc. and the Travis County Defendants timely filed
objections on February 18, 2015 (Clerk's Doe. Nos. 55 and 56), to which Plaintiffs responded

(Clerk's Doe. No.61). In light of Defendants' objections, the court has undertaken a de novo review

of the entire case file in this cause. The court, having carefully reviewed the objections, motions,

Case 1:14-cv-00366-LY Document 62 Filed 03/23/15 Page 3 of 3

responses, replies, and entire record in the cause, and finding no error, accepts and adopts the report
and recommendation as filed for substantially the reasons articulated therein.

IT IS THEREFORE ORDERED that the objections contained in Defendants' Objections
to the Report and Recommendation of the United States Magistrate Judge filed February 18, 2015

(Clerk's Doc. Nos. 55 and 56) are OVERRULED.

IT IS FURTHER ORDERED that the Report and Recommendation of the United States
Magistrate Judge (Clerk's Doc. No. 52) filed in this cause is hereby ACCEPTED and ADOPTED
by the court.

IT IS FINALLY ORDERED that Defendants Hamilton, Lehmberg and Escamilla's Motion
to Dismiss Pursuant to Rule 12(b)(1), Rule 12(b)(6) (Clerk's Doc. No. 27), Defendants Travis

County Sheriff's Office, Travis County District Attorney's Office, and Travis County Attorney's

Office's Motion to Dismiss Pursuant to Rule 12(b)(1), 12(b)(6) (Clerk's Doc. No. 28), and
Defendant Securus Technologies, Inc.'s Renewed Motion to Dismiss Pursuant to Fed. R. Civ. P.
12(b)(1) and 12(b)(6) (Clerk's Doc. No. 29) is GRANTED to the following extent: (1) Defendants

Travis County Sheriffs Office, Travis County District Attorney's Office, and Travis County

Attorney's Office are DISMISSED as defendants from this action, and (2) Plaintiffs claim for
violation of the right to access the courts under the First, Fifth, and Fourteenth Amendments is

DISMISSED WITH PREJUDICE. In all other respects, the motions are DENIED.
SIGNED this

day of March, 2015.

LEEJYEAKEL
UNIITED STAT S DIST ICT JUDGE