Texas resident Karen McPeters has brought a class action lawsuit against Montgomery County Judge Fredrick E. Edwards, Montgomery County Court Clerk Barbara Gladden Adamick, and LexisNexis claiming that requiring her to exclusively file documents through LexisNexis’ FileandServe product is a violation of US and Texas laws, and that the county and LexisNexis are engaged in RICO violations with their exclusive agreement. McPeters, through her San Antonio attorney, Robert L. Mays, Jr., has filed the class action suit in the US District Court Southern District of Texas in Houston (Civil Action No. 4:10-CV-1103).
McPeters’ claim states that Court Clerk Adamick requires all of Judge Edwards civil cases to go through LexisNexis FileandServe, and will stamp any documents filed directly with the Court Clerks office with a “VOID” stamp and return the documents unfiled. In her complaint, McPeters states that Adamick is relying upon an unsigned order from Judge Edwards from February 10, 2003, and there “is no standing order, signed by all of the District Judges in Montgomery County, establishing e-filing requirements for one, or more, of the courts of Montgomery County.” According to the 2003 Judge Edwards order, only civil litigants are required to file through FileandServe and that criminal defendants are not required to use FileandServe. Judge Edwards also excluded the following from the same requirement:
- The State of Texas
- Child Protective Services
- Adoption Agencies, and
- New divorce and annulment cases that are resolved within 90 days.