Case 6:20-cv-00431-ADA-JCM Document 40 Filed 08/14/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS
WACO DIVISION

DIANE REED BRIGHT, INDIVIDUALLY and §

as PERSONAL REPRESENTATIVE FOR THE §
ESTATE OF DECEDENT JAMES SCOTT REED §
§
Plaintiff, §
§
V. § CIVIL CAUSE NO. 6:20-CV-431
§
THE CITY OF KILLEEN, TEXAS §
ANTHONY R. CUSTANCE, RICHARD A. §
HATFIELD, JR., FRED L. BASKETT, AND §
CHRISTIAN SUESS §
§
Defendants. §

NOTICE REGARDING
PLAINTIFF’S MOTION FOR LEAVE TO FILE SUR-REPLIES

On August 13, Plaintiff filed motions for leave (doc nos. 36 and 37) to file sur-replies in

connection with the motions to dismiss filed by the City of Killeen and Officers Suess, Baskett,

and Hatfield.

Plaintiff filed the motions for leave as unopposed and indicated that Defendants the City

of Killeen and Officers Suess, Baskett and Hatfield did not oppose the relief sought in the motions

for leave. However, in her motions for leave Plaintiff went beyond simply seeking leave to file

sur-replies and included arguments on the substance of Defendants’ motions to dismiss.

Thus, the City of Killeen and Officers Suess, Baskett, and Hatfield file this notice to clarify

that while they did not oppose Plaintiff being granted leave to file sur-replies, said Defendants do

oppose the arguments Plaintiff made in her motions for leave on the substance of the pending

Page 1 Notice Regarding Plaintiff’s

Motion for Leave To File Sur-Replies
 Case 6:20-cv-00431-ADA-JCM Document 40 Filed 08/14/20 Page 2 of 2

motions to dismiss and the arguments made in her sur-replies and continue to fully urge said

Defendants motions to dismiss.

Respectfully submitted,

/s/ Roy L. Barrett

Roy L. Barrett
State Bar No. 01814000
barrett@namanhowell.com
Joe Rivera
State Bar No. 24065981
jrivera@namahowell.com
NAMAN, HOWELL, SMITH & LEE, PLLC
400 Austin Avenue, Suite 800
P. O. Box 1470
Waco, Texas 76703-1470
(254) 755-4100
FAX (254) 754-6331

ATTORNEYS FOR DEFENDANTS

THE CITY OF KILLEEN, TEXAS,
HATFIELD, BASKETT AND SUESS

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of this motion has been served
on counsel for Plaintiff, Daryl K. Washington of Washington Law Firm, PC and Charles Olsen of
Hayley & Olsen, counsel for Defendant Anthony R. Custance by email, and via the Court’s ECF
system, which generated notice of service on the 14th day of August 2020.

/s/ Roy L. Barrett

Roy L. Barrett

Page 2 Notice Regarding Plaintiff’s

Motion for Leave To File Sur-Replies