FILED: 4/21/2017 8:37:40 AM

Vickie Edgerly, District Clerk

Orange County, Texas
Reviewed by: Crystal Thompson
A170115-C
CAUSE NO. ___________________

MORRIS JOSEPH, JR. IN THE DISTRICT COURT

Plaintiff,

VS. OF ORANGE COUNTY, TEXAS

WEST ORANGE COVE CONSOLIDATED
INDEPENDENT SCHOOL DISTRICT
BOARD OF TRUSTEES,

RICKIE HARRIS, in his capacity as
Superintendent of Schools

CORNELL THOMPSON, in his capacity
as Athletic Director of WO-CCISD
128th
Defendants. ______ JUDICIAL DISTRICT

ORDER FOR ISSUANCE OF TEMPORARY RESTRAINING ORDER AND SETTING

HEARING ON APPLICATION FOR TEMPORARY INJUNCTION

At the hearing on Plaintiff's Application for Temporary Restraining Order and Temporary

Injunction, Plaintiff appeared by and through his attorney of record. The hearing was conducted

without notice to Defendants.

The Court finds that-

1. it clearly appears from specific facts shown by Plaintiff's verified application that

immediate and irreparable injury, loss, or damage will result to Plaintiff before notice can be

served on Defendants and before a hearing can be held on Plaintiff's application for a temporary

injunction because, unless Defendants is immediately restrained, Defendants will prevent

Plaintiff from participating in the UIL Area Track meet, and remove Plaintiff from West Orange-

Stark High School and placed in an Alternative School, despite Plaintiff being scheduled to

graduate in approximately one (1) month. This injury will be irreparable unless this restraint is

ordered because Plaintiff is a senior in high school, thus making the Area Track Meet potentially
his last track meet as a high school scholar-athlete. Moreover, Plaintiff is scheduled to graduate

in approximately in one (1) month. Thus, removal from his current environment will

undoubtedly disrupt and interfere with his scheduled graduation;

2. unless this restraint is ordered immediately, without notice to Defendants,

Plaintiff will suffer irreparable injury immediately, because no other legal remedy can be

obtained and effected before the injury occurs;

3. Plaintiff has no adequate remedy at law;

4. Plaintiff has exercised due diligence in prosecuting the underlying claim in this

cause;

5. Plaintiff's injury will outweigh any injury to Defendants that may occur on

issuance of this restraining order;

6. the restraining order will not disserve the public interest;

7. the status quo should be maintained, in the public interest; and

8. 500.00
Plaintiff's bond in the amount of $__________ will fully protect Defendants'

rights until a hearing can be held on Plaintiff's application for a temporary injunction.

It is therefore ORDERED that a temporary restraining order issue, operative until the date

of the hearing hereinafter ordered, restraining and enjoining West Orange Cove Consolidated

Independent School District Board of Trustees, Rickie Harris in his representative capacity, and

Cornell Thompson in his representative capacity, named Defendants, provided that, before the
500.00
issuance of the restraining order, Plaintiff must post bond in the amount of $____________,

payable to Defendants, conditioned and approved as required by law.

4/20/2017 at 3:55 p.m.

SIGNED on ______ at ______________. M.
 JUDGE PRESIDING

APPROVED AS TO FORM:

By:/s/ Samuel L. Milledge, II

Samuel L. Milledge, II
Attorney for Plaintiff Morris Joseph, Jr
State Bar No.: 24076560
Email: milledge@milledgelawfirm.com
2500 East T.C. Jester, Ste 510
Houston, Texas 77008
Tel. (713) 812-1409
Fax. (713) 812-1418

ORDER SETTING HEARING ON APPLICATION FOR TEMPORARY INJUNCTION

It is ORDERED that West Orange Cove Consolidated Independent School District Board

of Trustees, Rickie Harris in his representative capacity, and Cornell Thompson in his
April 26, 2017
representative capacity, Defendants in this cause appear before this Court on _________ at
1:30 P
___________.M. at _________, Orange, Texas, to show cause, if any, why the temporary

injunction requested by Plaintiff should not issue against Defendants.

4/20/2017
SIGNED on _________________.

JUDGE PRESIDING