Wednesday, May 22, 2019


The first sentence in the email is totally unprofessional.  Judge Pate read it as an exhibit to justify the emergency hearing on access the Executive Session tape recordings.

Everyone is invited to the hearing tomorrow.  I will not be there.  I should be driving back from San Antonio, but if I have my way I am going back into the hospital until the neurosurgeon can end this cerebral pressure pain.  Tomorrow he will try and open the drainage valve more.  My concern is I never had these type headaches before the surgery.  I had headaches but nothing likes these.  There is a very rare condition that causes the body to over produce cerebral fluid after a shunt is placed.  Theoretically I could be producing more fluid now than before the surgery and the shunt just cannot drain the fluid fast enough.  We have to wait for more testing down the road if tomorrow  does not solve the problem.

FIAT Plaintiff Brownsville GMS, Ltd.’s MOTION TO COMPEL DEFENDANT CITY OF BROWNSVILLE TO PRODUCE AGENDAS OR RECORDINGS OF CERTAIN CLOSED MEETINGS FOR IN CAMERA INSPECTION will be heard on the 24th day of May, 2019, at 10:00 A.M before the 445th District Court of Cameron County, Texas. SIGNED this ____ day of _______________, 2019. 


I actually do not know.  I have not reviewed the case law either side is presenting.  All I know is that the statute does provide for release of the tapes for the court to hear in chambers with the lawyers, assuming certain rules have been followed.  If Judge Pate hears something outside that which was posted to be discussed, and it goes to the merits of the suit then  he is free to release the relevant part of the tapes to be heard in open court and to GMS counsel.

If that happens I hope someone has the recording going on their phone, on silent mode so it cannot ring.

Judge Pate will not like Navarro's email.  But in the end Judge Pate will follow the law even if he decides Navarro is less then professional.  To the lay person such emails come across as if the lawyer is desperate.  The sad part is the law could be 100% on the side of  Brownsville.  It was a needless sentence.  If GMS wins, Navarro becomes dead weight for the city because Judge Pate will then be extra cautious while considering anything Navarro argues.

But again the city could come out the big winner and GMS could be out a lot of attorneys fees.  There is no prediction from the BV.


A comment made by McHale caused me to double check my work.  GMS in fact accuses Art Kalifa's business of have a contract with Republic Waste.  If Baker & Botts are wrong on this, it would be a whale of a mistake.

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