And we're supposed to take the courts seriously??

Texas Judge Cites Longhorn/Razorback Rivalry in Bizarre Order

Posted: June 5, 2008 05:36 PM
Updated: June 5, 2008 05:36 PM

A lawsuit brought against Wal-Mart in a Texas court involves a very unusual order.

According to the order, the plaintiff wanted the deposition of Wal-Mart's representative to take place in San Antonio....but Wal-Mart wanted the deposition to take place in Bentonville.

So a judge has decided that the deposition will happen in Texarkana...with both sides on their respective sides of the state line.

A Wal-Mart spokesperson says they have seen the order and understand what the judge is saying and will continue to work out details with the plaintiff.

Below is the text from the order:

Before the Court in the above-entitled and styled cause of action is Defendant Wal-Mart Stores Texas, L.L.C.'s Opposed Motion for a Protective Order, filed May 29, 2008 (Doc. #26). Apparently, the parties are unable to agree if the deposition of Wal-Mart's corporate representative should occur in San Antonio, Texas or in Bentonville, Arkansas.

The court is sympathetic with Defendant's argument. Surely Defendant's corporate representative, a resident of Arkansas, would feel great humiliation by being forced to enter the home state of the of the University of Texas, where the legendary Texas Longhorns have wrought havoc on the Arkansas Razorbacks with an impressive 55-21 all-time series record.[1]

On the other hand, the Court is sympathetic with Plaintiff's position. Plaintiffs might enter Arkansas with a bit of trepidation as many residents of Arkansas are still seeking retribution for the "Game of the Century" in which James Street and Darrell Royal stunned the Razorbacks by winning the 1969 National Championship.[2]

Because the Court is sympathetic to both parties' positions, it has found a neutral site, intended to avoid both humiliation and trepidation of retribution.

ACCORDINGLY, IT IS ORDERED THAT unless the parties agree otherwise, the deposition of Defendant's corporate representative shall occur at 9 AM on June 11, 2008 on the steps of the Texarkana Federal Building, 500 State Line Avenue, TX/AR 71854.

IT IS FURTHER ORDERED THAT each party is to remain on his or her respective side of the state line.


SIGNED this 3rd day of May, 2008.

JAMES R. NOWLIN
UNITED STATES DISTRICT JUDGE

[1] It is worth nothing that the Razorbacks, who disgracefully retreated from the Southwest Conference to the gentler pastures of the Southeastern Conference, could have likely learned a lesson about stamina and perseverance in the face of battle by visiting the Alamo in San Antonio.

[2] The Court takes judicial notice that the "Game of the Century" for the current century occurred on January 4, 2006 when Vince Young and Mack Brown led the Longhorns in a 41-38 win over the USC Trojans, thus securing the 2005 National Championship.