Mucker v. Keller ISD Board of Trustees - Current Information

I filed my initial petition with the court. The case was assigned cause number 348-360983-25.

The attorneys for the KISD board filed two documents with the court: a general answer, and a plea to the jurisdiction.

The general answer is a pretty standard part of a lawsuit.

The plea to the jurisdiction contained a number of legal arguments, primarily focusing on the fact that I did not specify that I was suing the board members in their official capacities as members of the KISD board of trustees, and laying out various arguments based on that ambiguity.

Having received my petition and the board's answer, the court set a trial date of the week of Feb. 16, 2026.

Opposing Counsel and I agreed to a March 5 hearing on their plea to the jurisdiction.

I filed my "First Amended Petition" in which I clarified that I am suing the board members in their official capacities as members of the KISD board and not as individuals. I also made additional allegations based on events that occurred after I initially filed my lawsuit.

In response, the attorney for the KISD board asked the court to cancel the initial hearing that was set for March 5.(I believe, but can't say for sure, that the updates made in my amended petition made some/most/all of the arguments in their plea to the jurisdiction moot.)

So at the moment, no hearing is set. I will be working with opposing counsel to get a rescheduled hearing on the court's calendar and will let the public know about it here when that happens.

The Heritage Legal Task Force, an entity created by members of the Heritage HOA, filed an intervening lawsuit to my suit. They allege many of the same facts that my suit alleges and seek many of the same remedies. I have not yet had the opportunity to sit down with the Heritage Legal Task Force or their attorneys but I am certain that there will be ample opportunity for us to work together on behalf of the KISD public.

The named intervenors in the petition are the Heritage HOA, Cary Moon, and Brian Black.

The intervening parties (Heritage HOA/Cary Moon/Brian Black) served discovery requests on the board members. The board members have 30 days to respond.

Just before shutting down the district offices for the spring break holiday, KISD sent out an email on behalf of board president Charles Randklev and interim superintendent Corey Wilson announcing that the plan to split the district is no longer being considered.

At the moment I do not believe this announcement will affect my lawsuit.

I served my first set of interrogatories for board member John Birt to answer.

Interrogatories is one of the three forms of discovery (the others being request for production of documents and request for admissions) that is permitted before a case goes to trial. Mr. Birt has 30 days to respond to the interrogatories.

The intervenors filed their first amended petition, which asks the judge to remove the "rump board" from their offices as KISD board members.