Peña Aleczander obtained a temporary injunction on behalf of Rio Grande Valley College (“RGV College”) requiring software vendor Diamond D, Inc. to fully restore the college’s access to its own student data within twenty-four hours.
In its petition, the college alleged that Diamond D, the third-party vendor hosting RGV College’s Student Information System and Moodle learning platform, refused the college’s requests to export or download its own student data and conditioned continued services and data access on the college’s execution of a new contract.
In its signed order granting the temporary injunction, the court found that RGV College had shown a probable right to the relief sought, that the college and its students were suffering imminent and irreparable harm that could not be adequately remedied by money damages, and that the college had no adequate remedy at law. In an earlier order, the court found that, as a direct result of the ongoing lockout, the college could not access its own student records, grades, transcripts, and tuition and payment information, and students could not view their grades or submit and retrieve coursework through the Moodle platform.
The order requires full restoration of administrative and student access, and export of the college’s data in usable format, no later than twenty-four hours after signing. It further provides that Diamond D’s compliance is unconditional: Diamond D may not require the college to execute any new contract, release, or indemnification as a condition of compliance.
Alejandra Gonzalez and Jaime Peña led the matter for RGV College, with Monica Galvan and Carlos Galvan of Galvan Law Group serving as co-counsel.
Cause No. C-1467-26-B, in the 93rd Judicial District Court, Hidalgo County, Texas.