Defendant's plea to jurisdiction

NO. _______________

Plaintiff

v.

Defendants

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§§

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IN THE DISTRICT COURT OF

_______________, TEXAS

_____ JUDICIAL DISTRICT

PLEA TO JURISDICTION AND ORIGINAL ANSWER OF DEFENDANTS

Defendants file this plea to jurisdiction to Plaintiff’s First Amended Petition, as follows:

Plea to Jurisdiction

Plaintiff failed to exhaust his/her administrative remedies under the Texas Commission on Human Rights Act (“TCHRA”) or satisfy the administrative prerequisites to bringing a judicial action under the TCHRA. Accordingly, the Court lacks subject matter jurisdiction and this suit should be dismissed.

Original Answer

Subject to the foregoing plea to jurisdiction, defendants file this original answer to Plaintiff’s First Amended Petition, as follows:

Special Exceptions

1. Defendants specially except to Plaintiff’s First Amended Petition (“petition”) in its entirety to the extent plaintiff asserts causes of action against a defendant identified _______________ for the reason that no such entity exists in the State of Texas. With respect to this special exception, these defendants pray that all claims against defendant be dismissed or that plaintiff re-plead.

2. Defendants specially except to the petition in its entirety for the reason that plaintiff failed to exhaust his/her administrative remedies under the TCHRA and, therefore, that the Court lacks subject matter jurisdiction. With respect to this special exception, defendants pray that plaintiff’s suit be dismissed for lack of subject matter jurisdiction.

3. Defendants specially except to the petition in its entirely to the extent it attempts to assert a cause of action under the TCHRA. With respect to this special exception, defendants pray that plaintiff’s suit be dismissed for failure to state a cause of action under the statute.

4. Defendants specially except to the petition to the extent that plaintiff attempts to assert claims against defendant under the TCHRA. There is no individual liability for managers under the TCHRA. Accordingly, defendants pray that this special exception be granted and that all TCHRA claims against defendant be dismissed.

5. Defendants specially except to the petition to the extent that plaintiff purports to assert causes of action for negligence and gross negligence. At all relevant times plaintiff was an employee of defendant, and this defendant maintained workers’ compensation insurance coverage in accordance...