2nd Update:
The Editor: Plaintiffs in the Dallas case filed a Partial Joinder to their 3rd TRO and Temporary Injunction and 2nd Amended Petition late Friday asking the court to enjoin Defendants Sindy Benavides, Elsie Valdes Ramos, Linda Chavez, Ralina Cardona, Ivonne Quinones, and Paul Martinez from engaging in additional acts. This joindner is more specific and gets at enjoining these rogue ex-officers in LULAC from interferring with LULAC financial matters. The reason for this more specific action gets at damage that these rogue actor have caused LULAC in managing its financial house. LULAC handles in excess of $5 million, primarily through it LNI operations. The rogue actors were communicating with bank officials at institutions that hold LULAC bank accounts and were causing confusion with the banks regarding these LULAC accounts. The objective of this more directed injunctive relief is to cure the bad and to prevent more bad from coming. You can read up on this more directed relief below, 5 page document.
https://www.scribd.com/document/615038744/Partial-Joinder
You can read up on the 2nd Amended Petition, 3rd TRO and Temporary Injunction below, 27 pages.
https://www.scribd.com/document/614664128/3rd-TRO-TI
The Editor has captured the specific injunctive relief in each document. The joindner relief follows. The content of the 3rd TRO and TI relief sought is at the end of the Editor's comments below.
Take note, that a hearing on this 3rd TRO is scheduled for a hearing before the Court on Monday, December 19, 2022 at 9:00 AM via Zoom.
Additonal action requested in 3rd TRO and in subsequent Temporary Injunction:
i. interfering—directly or indirectly, or through counsel—with LULAC’s business affairs by continuing to present themselves as officers of LULAC despite having been suspended or terminated;
ii. interfering—directly or indirectly, or through counsel—With LULAC’s bank accounts, including accounts held by the LNO and LNI, including the following accounts:
a. LULAC Institute’s accounts at Wells Fargo, including its Operating, Payroll, Convention, and Women’s Commission accounts. (Accounts ending in **22, **2o, **84, *66, (respectively).
b. League of United Latin American Citizens’ accounts at Wells Fargo, including its Operating and Payroll accounts. (Accounts ending in *83, **46, respectively).
c. LULAC Institute’s Investment account at Morgan Stanley. (Account ending in *20).
d. League of United Latin American Citizens’ Investment account at Morgan Stanley. (Account ending in *20).
iii. representing or holding themselves out to be signatories or otherwise authorized to affect, access, manage, or direct any transfers involving LNO and LNI bank accounts listed above; and
iv. interfering—directly or indirectly, or through counsel—with LULAC’s grant initiatives, continuing business operations, and contracts with third-parties.
Update: the request for this 3rd TRO is set for Monday, December 19, 2022 at 9:00 AM via Zoom.
If this TRO is granted, a second hearing would be held for a Temporary Injunction on the elements of the TRO which would last until the case on whether the PNP attempted a takeover of LULAC in the LULAC Convention in San Juan was decided on the merits, which could easily be 12 to 18 months in the future.
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The Editor: LULAC Plaintiffs filed a 2nd Amended Petition and a request for a 3rd TRO, coupled with a request for a Temporary Injunction against affected LULAC parties. Past TRO's and petition have dealt with activities related to the 2022 National LULAC Convention in San Juan, Puerto Rico, with a trial on the merits of the PNP's involvement in its attempt to take over LULAC. The National Convention of LULAC for 2022 has passed and will not be revisited, with or without any furtherance of a TRO or Temporary Injunction regarding same. Whether and the extent to which the PNP was involved a a takeover of LULAC will be adjudicated in a trial on the merits in 2023 or 2024. What was needed for LULAC to get back to normalcy was affirmative relief to deal with issues that plague LULAC today and going into the near future.
If you have a chance to read the new filing, you can read up on the problems that confront LULAC.
The current LULAC Board of Directors headed by National President Domingo Garcia appears to be on legal grounds, but it is still dogged by some in LULAC who contend an alternative reality. Just this past 6th of December, the Texas Director of District 8 responded to a LULAC member in District 8 on whether LULAC'ers in LULAC should be supporting LULAC's lawsuit against the City of Houston challenging the Jim Crow mixed single-member district and at-large city council structure in Houston, given the District's fight with Domingo Garcia, to which the District 8 Director responded:
"There is litigation
between the two factions (Domingo Garcia v. Ralina Cardona). Domingo sued the
Cardona faction for copyright infringements. Cardona claims her faction is the
constitutional administration. I agree with her assertion."
This Director was appaointed by the rogue Ralina Cardona, who claims to be interim National President of LULAC, as National Parliamentarian. This Director also serves as Parliamentarian for Texas LULAC. Confusing? You bet!
The National LULAC Board headed by Domingo Garcia has already terminated the officer status of the leaders of this rogue LULAC, but they have not staopped insisting that they are the real LULAC.
What has been missing for any court, the State court in Texas of the federal Court in North Texas is affirmative relief, a court ruling that deals directly with the problem of dual LULAC entities.
The new TRO and the new Tempoary Injunction speaks to this affiormative relief. If granted, it would enjoin the rogue Board's enforcement of and resolutions or appointments; enjoin the rogue officers from presenting themselves as officers of LULAC; enjoin the rogue officers from involving themselves in the financial accounts of LULAC; enjoin the rogue officers from convening or taking any action as a LULAC entity; enjoin the rogue officers or board from delegating, transferring or conferring any authority; enjoin the rogue officers and board from interferring in grant initiatives, contuning business operations and contracts with third-parties; forming or renewing any LULAC councils in Puerto Rico funded by partisan or political parties.
This affirmative relief is welcomed by those who are following LULAC evolve out of the summer crisis going into and coiing out of the National LULAC Convention in San Juan.
The LULAC National Board has done as much as it can to stablelize LULAC. This requested court order to enjoing rogue LULAC actors should go a long way to prevent rogue actions by the affected parties going into 2023.
It appears that the island Puerto Rico problem can be and will be contained.
Any rogue actions by new rogue players should be met with a swift response from the National LULAC Board, suspension and expulsion.
Below, you can read the full text of the injunctions sought:
a. enforcing and/or implementing any actions from the rogue Board Meetings, as
described herein, including but not limited to, resolutions and appointments;
b. interfering with LULAC’s affairs by continuing to present themselves as officers
of LULAC despite having been suspended or terminated;
c. interfering with LULAC’s bank accounts, including accounts held by the LNO and
LNI, including representing themselves to be signatories or otherwise authorized
representatives of LULAC in connection with the accounts;
d. participating in, convening, or exercising any power or taking any action relating to any rogue Board Meeting, as described herein;
e. delegating, transferring, or conferring any power relating to the rogue Board
Meetings, as described herein;
f. interfering with LULAC’s grant initiatives, continuing business operations,
and contracts with third-parties;
g. forming or renewing any LULAC council in Puerto Rico using funds from
a partisan or governmental source.
3rd TRO - TI- by Editor on Scribd
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