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CAUSE NO. 2014-44974 JARED WOODFILL, FN. WILLIAMS, SR, § IN THE DISTRICT COURT OF ‘AND MAX MILLER 5 8 v. 5 HARRIS COUNTY, TEXAS 5 ANNISE D. PARKER, MAYOR, 8 "ANNA RUSSELL, CITY SECRETARY, § ‘AND CITY OF HOUSTON 5 152% JUDICIAL DISTRICT FINAL JUDGMENT 1. On January 26, 2015, this Court called this case for tral. Plaintiffs Jared Woodfll, FN. Williams, St, and Max Miller each appeared in person and/or through their attorneys and ‘announced ready for tial. Each of the Defendants appeared in person and/or through its ‘attorneys and announced ready for tral. The Court impaneled and swore in the Jury, which, ‘heard the evidence and arguments of counsel. The Court submitted questions, definitions and instructions to the Jury. On February 13, 2015, the jury retumed its verdict and the Court accepted it. The questions submitted to the Jury and the Jury's findings ars attached as Exhibit “A® and incorporated into this Judgment by this reference. 2. For the reasons stated in Paragraphs (a)(1)(A), (1B), (@)(1(C), (2), (1G), (8X4) ‘and (2)(5) of the Court’s previous Order dated February 20, 2015, which is atached as Exhibit “B” and incorporated into this Judgment by this reference, the Court cisregards the Jury's findings in response to Jury Question 1 on the basis that sai findings are legally immaterial, 3. For the reason stated in Paragraph (6) of the Court's previous Order dated February 20, 2015, which is attached as Exhibit “B" and incorporated into this Judgment by this reference, the Court disregards the Jury's findings in response to Jury Question 2om the bess that said findings ‘are legally immaterial. Because the Court disregards the Jury's findi in response to Jury ‘Question 2, the Court likewise disregard the Jury's finding in response to Jury Question 3, as such finding is legally immaterial. 4. For the reason stated in Paragraph (c) ofthe Court's previous Order dated February 20, 2015, which is attached as Exhibit “B” and incorporated int this Judgment by this reference, the Court accepts the findings of the Jury in response to Jury Question 4 5. ‘The Court accepts the findings ofthe Jury in response to Jury Question 5. 6. For the reason stated in Paragraph (4) ofthe Court's previous Order dated February 20, 2015, which is attached as Exhibit “B” and incorporated into this Judgment by this reference, the Court acepts the findings ofthe Jury in response to Jury Question 6, 7. In addition to the fiadings above, the Court also found that regarding the petitions of circulators who either did not sign the petition or whose signeture was invalidated, the signatures con those petitions shall not be valid. 8, Further, and prior tothe commencement of the jury tial, the Court granted part summary judgment on February 4,2015. Said ruling i attached to this Judgment as Exhibit “C" ‘nd is incorporated into this Judgment by this reference. As demonstrated therein, the Cour ‘ound that the following pages andor signatures could not be legally counted as follows: (@) Pages where te circulator’ affidavit was not notarized. (©) Pages where te circulator notarized his or her own affidavit. (© Pages where tae circulator’ name i legible. (@ Signatures thet were crossed-out or withdraw before the petition was submited feannot be counted as legally valid signatures under Texas Election Code § 277.0268). (©) Signatures thet pre-date June 3, 2014, the fist day people lawfully could sign the petition under the City Charter. (Signatures added after the circulator signed the verification. (@) Signatures of the same person that appear more than once. ‘The Court further finds that the minimum number of required signatures on the Referendum Petition is 17,249. Itis, therefore, ORDERED, ADIUDGED AND DECREED that after applying all of the findings ofthe Jury and the rulings ofthe Court, the Court enters this Final Judgment in favor of ‘the Defendants, asthe final tally of valid signatures on the Referendum Petition is 16,684 which oes not exceed the minimum number of required signatures, The Curt therefore finds as a ‘matter of fact and as a matter of law that the Referendum Petition is no: valid or enforceable in all respects. It is further ORDERED, ADJUDGED AND DECREED that all relief requested by Plainifs, whether legal or equitable, is hereby denied and that Plaintiffs take nothing on thei claims against Defendants. It is further ORDERED, ADJUDGED AND DECREED that Defendants are each awarded all costs of cout, All writs and process forthe enforcement and collection ofthis Final Judgment or the costs of court may issue as necessary. It is further ORDERED, ADJUDGED AND DECREED that all relief not expressly warded inthis Final Judgment is denied. This Final Judgment finally disposes of all claims and all parties and is appealable. sxonep tis (10 ay of ap 2018 ROBERT K. SCHAFFER PRESIDING JUDGE P14 IN THE DISTRICT COURT O} ‘CAUSENO, 2014-44974 [JARED WOODFILL, STEVEN F. HOTZE, MD, F.N. WILLIAMS, SR, and MAX MILLER J ANNISE D. PARKER, MAYOR; cry, eens a RUSSELL, ISECRETARY; and CITY HOUSTON Diatit Cia (CHARGE OF COURT FEB 13 206 MEMBERS OF THE JURY: a ‘After the closing arguments, you wil go tothe jury oom to decide the case, tiwer the | questions thet are atached, and reach a verdict. You may discuss the case with other jurors only whe ou areal together the jury rom. Remember my previous instructions: Do not discuss the case with enyone els, ether io person or by any other means. Do not do any independent investigation about the case of Jecaduct any researc, Do not lok up any words in dcdonarie or onthe Inteet. Do Ht po information about the case onthe Intel. Do not share any special knowledge or withthe oder jurors, Do not use your ell phone or any other electronic device during ye elbertions fr any reasoa, HARRIS COUNTY, TEXAS, ‘Any notes you have taken are for your own persoal use, You may tke your nots into the jury room and consult them during deliberations, but do not show or ead your notes your fiw jurors during your delibentions, Your notes ae not evidence. Each of you shoul ly on your independent recollection of the evidence and not be influenced by the fet another uror has or has not taken notes ‘After you complete your deliberation, the beliff wil collect your notes. When you ard rteasel from jury service, the belli wil promptly destroy your notes so that nobody can reed what you wrote. ere we the instructions for answering the questions: 1, Do not let bins, prejudice or sympathy play any part in your decision, 2, Base your answers only on what was presente in court and on the law that i these istructions and questions. Do not corader or dscuss any evidence that was not in the courtroom. ( Seemigercor “emcees | Ex A ne ening gsSs2 mat pro owe mints aout the hes, You we the sol ge cred -wimesso and the weigh to give their testimony. But on maaters of lw you mus follow all of my instructions 4. __fmy instructions use word in a vay tht i different from ts ordinary meaning) tse the mening I give you, which wil bea prope legal dfisition. 5. _Allthe questions end answers are importa. No coe shoul ty tat any qustiod or answer is not important. 7 6, Answer "yes" of "no" to all questions unless you are told otherwise. A “yes saswer must be besed on a preponderince of the evidence. Whenever a question requires a answer othe than "yes" of "oo," your enswer must be bated on a preponderaice of the evidence, ‘The term "preponderance ofthe evidence” means the grestor weight of credible evidened presented inthis case, "Ifyou do not find that «preponderance ofthe evidence supports a "yes answer, then answer "no." A preponderance of the evidence is not measured by the number witnesses or by the number of documents admitied in evidence. For a fct to be proved by preponderance ofthe evidence, you must find tht te fact is more Likely trus than not tre, 7. Do not decide who you thnk should win before you answer the questions and then just enswer the questions to match your decision. Answer each question carefilly without considering who wil win. Do not discuss or consider the effct your answers wil have. 8 Donot answer questions by drawing straws or by any method of chance, 9. Some questions might ask you for a dollar amount, Do not agres in advance decide ona dollar ammount by adding up each jurors amount and then figuring the average. 10, Do not rade your answers. For example, donot say, “twill answer this questo your way if you answer another question my way." 11. The answers othe questions must be based onthe decision of at least 10 of the 1 {juror The same 10 jurors must agree cn every answer. Do not agree to be bound by a vot anything es then 10 jus, even if it would be a majority. ‘As Ihave aud before, you donot follow these instructions, you wil be guy of jucy | miscondc, and I might have to ordre new tal and tart his process over again. Tis wast you ime ad the pares! money, nd woud req he wxpayers of Bs county pay enotherwial, I juror Beaks any ofthese rules, ell hat person to sop and report i 2 immediatly, (QUESTION 1 Wich if any ofthe flowing Couto signed and subsribed the creator's out the Referendum Petition? “Signed” means its plain nd ordinary meaning. “Subscribed” means to sign one's ovm name beneath atthe end of an instrument. ‘Answer "Yes" or “No" next othe mame of each Circulator. LA Tori Albarqauie, —te__ 12 Philip Byam te 13. Bric Tex” Christopher: Ene 14 Monica Duplechain: 15) Robes Hal: TELE 16 Laura ingle: ye 1.7 Wanda Jacobs: Soe inet La Vitor Lawrence: ye 1.9 Cynthia Payton: ——_No 110 Sylvia Simms: ——He LM Leura Tucker: —e 1.12 Lenoir Walker: ——_we_ 1.13 Margo Wome: ——e 1.4 Graciela Zepeda: eters 115 Kuthsae Balad Boebe! Danes ule 116 Lala Wien: PEErEeere sige LIT Angela Kaight: oe tees latt 118 Beverly Goodwin: ——le_ 149 Moly Macs eee in 120 121 1m 12 144 12s 128 1 18 129 130 131 12 133 134 as 136 1 138 139 140 1 1a 1a 144 No 143 146 1 1 149 150 1st 12 183 184 155 156 17 158 19 160 Lot 10 16 168 6s 166 167 168 19 llzabeth Oil: Fount Freeman: Karen Daugherty: ‘Alison Hogan: Sue Stewart: Jean A. Dominy: LS. Lockler: ‘Miriam Fields: William Hinson: John Burns Ron Dominy: John Fato: ‘WE, Borgsteadt: Marcia Peters: Sil Spero: Gsbriele Duncan: ‘Thomas Sufleld David Maldonado: Kendall Baker: ‘Sherry Hart: Frank Dillard: (tin Pennington: Dennis Schepps: Cynthia Niceum: 1.0 im im un 16 Lisa 15 176 wm 178 119 1.0 1 12 Lp La as 148 i 18 149 190 191 192 193 194 135 136 wr 198 Cytia Arar No Stove Riggle: —an Rachel Rigg Ne ebon Andenon: Ae ‘QUESTION? Do you find sulfficlent information was reasonably ascertainable elsewhere in Referendum Petition to allow the identifeation of Sylvia Simms as a clrcultor of th Referendum Pettion? ‘The wse of dito marks or abbreviations does not invalidate a signature if the required {information is reasonably ascertainable, ‘Reasonably ascertainable” means something one would discover upon exercise ‘reasonable diligence under the creumsances. ‘Answer "Yes" of No." sme yh (QUESTION3 Do you find that the pages of the Referendum Petition submited by the following | pettion crcalators include fraud? “Fraud” means a knowing misrepresentaton ofthe truth or concealment cf materia fie} ‘winduce mother to act ‘Anewer "Yes" or “No” next to the name ofeach following Circulators, 3.4. Tov Albargene: 341 Vinent Powell: 3.12, Muy Willis: 3.43 Lala Wilsoo: —— Ne 32 Jom Chagole: —A_ 33° Bee*Tex" Christophe, §=_NNo 34 Cabo Don: nh 3.5 Monica Duplechain: ve 36 Sein Fre: sla 37° Steve Tbame: lo 3. Pervis Hall: __No 59° Wanda eobs: — Ne 3.10 Cynthia Payton: ale No nlo An QuesTiONs Do you find thet the pages of the Referendum Petition submitted by the followi | pettion icalator Include forgery? “Forgery” means the signing of enother’s name, or of a false or fictitious name, to petition. ‘Answer "Yes" of “No” next othe name of ech of the following Circulators, 44 Tori Albargenie: 42. Jose Chagolle: 43 Belo "Tex" Christopher: 44 Cede Dore: 45° Monica Duplechin: 46 Sanda Fores: 47° Steve bere: 48° Pervia Hall: 49° Wanda Jocobs: 410 Cynthia Payton: 411 Vincent Powell: 432 Mary Wiliams: 413° Lala Wises: SPEAKER RARE (QUESTIONS Do you find that the pages of the Referendum Petlion submitted by the folowing petition eeultors include non-accidenal defects? ‘Answer *Yes" or “No” next to the name ofeach ofthe illowing Circulators, 5.1 Toei Albergeue: 52 Phillip Brant 53. Jose Chagolla: SA Exc "Tex" Christopher: S$ Cede Dore: 5.6 Monica Duplechain: 57 Sandra Flores: 58 Steve Ibarra: 59 Pervis Hall: 5.410 Wanda Jacobs: SAL Cynthia Peyton: 5.12 Vincent Powell: 513 Sylvia Simms 5.14 Lenoir Walker $45. Muray Willems: $16 Lola Wilson: ELE bebe QUESTION 6 For each of the following petition circulators, do you find that his or her circulator’ amdavit outs are true and comect? ‘Answer "Yes" or “No” next othe name of each ofthe following Circulators. 6.1 Tori Albargauie: alo 62 Jose Chagolle: ys 63. Brie “Tee” Christopher lo 64 Cedic Dore: ale 65 Monica Duplechain: No 66 Sandra ore: ile 67 Steve Itara: slo 68 PevisHal: slo 69° Wanda leads: —tle_ 610 CyuthiaPayton: eatiee 611 VincentPowell: alo 612 Marey Wiliams: alo 613 Lala Wilson: Alo Presiding Juror: 1, When you go ino the jury room to answer the questions. the fist thing you will need to dois choose a presiding juror, 2. Tho presiding jor bas these duties: ave the complete chage read aloud if it will be helpful to yout Aeliberations; 1b. preside over your deliberations meaning manage the discussions, end seq Ent you hllow thse itucon, eserves He EP STEER CIN 4 waite down the answers you agre on; ©. getthesignitures forthe veditcetfeate; and £ notify the bali thet you beve reached a verdict. ‘Do you understand the duties of the presiding juror? Ifyou do no, please tell me now. Instractions for Signing the Vertic Certificate: |. You may answer the questions on vote of 10 jurors. The same 10 jurors agree on every anewer inthe charge. This means you may not have one group of 10 juror on one answer end a different group of 10 jurors agree on another answer, 2,1 10 jororsagre on every answer, those 10 jurors sign the verdict. 1f 11 juror agree on every answer, thor 1! jurors sig the verdict. Ifall 12 of you agree on every answer you ae unanimous and only the presiding juror sign the verdict. 3. All jurors should deliberete on every question. You may end up with all 12 you agrecing on some exswers, hile only 10 or 1 of you agree on other answers. But when sign the verdict, ony those 10 who agree on every answer will sgn the verdict. ‘Do you understand thes Instructions? If you do not, pleas tell me now. ‘residing Judge Verdist Cotifate Check ne: Or verdict is unenimous. All 12 of us have agreed to each and every answer. Th rosiing juror has signed the certifieate forall 12 of us. Sigaatare of Presiding ror ‘Printed Name of Presiding Juror |___. Our verdict is not unanimous, Eleven of us have agred to each and every answer and ve signed the ceticat below. ~~ ow verdicts not unanimous, Ten of us have agreed to each and every answer and ave signed the ceticate below. pa. ‘CAUSENO. 2014-4974 Eure JARED WOODFILL, STEVEN. HOTZE, MD, F. N. WILLIAMS, SR., IN THE DISTRICT COURT OF § 5 and MAX MILLER § 6 . ; HARRIS COUNTY, TEXAS § ANNISE D. PARKER, MAYOR; 5 FILED ANNA RUSSELL CHY SACRETARY and CITY HOUSTON § 1s! yupicraL DISSE, FEB 20 205 ORDER egg tssnssusnnulenaaE aa (On this dete the Court makes the following rulings regarding the Coumtng-ofpygih ——_ signatures on the petitions that were the subject ofthis lawsuit. ‘The Court orders the following: (©) Regarding issues releted to whether the petition circulators’ oaths were signed and subserib (1) Where the name was printed onthe line within the oath and signed: (A) the signtre was above the ost, the signature shal be vali @) ifthe signature was below the oath the signature shall be valid; (©) ifthe signature was anywhere else around the oath, the signature shall be valid. 2) If there is only alegibesigntire onthe line within the osth the sigsture ivalia @ there is only a printed name onthe line within the oath, the signature is valid. () _f there is only an ilegible signature on the line within the oat, the signature is inva Ex. B o o © © (S) If there is a signature on the line within the oath and a printed name ‘anywhere around the osth the signature is valid. Regarding Question 2, the Court disregards the jury’s answer to Question 2 because the Court finds that tis the duty of the party submitting the petitions to {identify the circulators instead of that duty being placed on the City 0 Houston to 0 through 5,199 petitions to identify the circulator in question. ‘Regarding Question 4, where the evidence indicetes that the same person signed his or her own name and then the name of another person or persens, none of those signatures shall be valid because the court cunnot determine from the ‘evidence the identity ofthe person who actualy signed the petition. Regarding Question 6, notwithstanding any of the above rulings, since the jury found tht the following cireulators’ affidavit oaths were not true and core, the signatures on the following circulators’ petitions which are determined to not be ‘rue or correct are invalid ‘ori Albarqauie, Eric “Tex” Christopher, Cedric Dora, Monica Duplechaia, Sandra Flores, Stove Ibarra, Pervis Hall, Wanda Jacobs, Cyathia Payton, Vincent Powell, Murray Williams and Lule Wilson, Regarding the petitions of circulators who either did not sign the petition or ‘whose signature was invalidated, the signatures on those petitions shall not be Signed FEB 20 2015 f p LL hf Rober K Schaffer Presiding Judge P-l CA CAUSENO. 2014-44974 5 JARED WOODFILL, ET. AL. IN THE DISTRICT COURT OF 7 HARRIS COUNTY, TEXAS: ise uid hey D ‘inte Cork AMENDED ORDER GRANTING DEFENDANTS" FEB 05 205 MOTION FOR PARTIAL SUMMARY JUDGMENT yy Having considered the Defendants" Motion for Patil Summary Jud etyshe-Gayge————— GRANTS the Defendants’ motion. ANNISE D, PARKER, MAYOR, ET. AL ‘The Court ORDERS tha the following mut be exuded: + Pages wher th circulator’ afdavt was not notrzed, «Pages where he culator notarized hi rhe ow avi. + Pages wher the culty’ name i lgible + Signatures that were crossed-out erwin before the petition was submited ‘cannot be counted as legally valid signatures under Texas Fletion Code §277.0022(). + Signatures that pre-dte June 3, 2014, the ist day people lawfully could sign the petition under the City Charter, + Signatures added after the circulator signed the verification + Signatures of the seme person tht sppesr more than ance. SIGNED February 4,2015. f l A LL Lf Judge Robert Schaffer

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