Preview
Electronically Submitted
7/22/2022 4:24 PM
Hidalgo County Clerk
Accepted by: Audrey Alvarez
CAUSE NO. CL-22-2808-J
MERLIN JANETH ZAMBRANO AS § IN THE COUNTY COURT
NEXT FRIEND OF F.N.M.Z. MINOR §
§
§
VS. § AT LAW NO. 10
§
§
LA PLAZA MALL, SIMON PROPERTY §
GROUP (TEXAS), L.P. AND SIMON §
PROPERTY GROUP, INC. § HIDALGO COUNTY, TEXAS
DEFENDANTS’ UNOPPOSED MOTION FOR APPOINTMENT OF GUARDIAN AD
LITEM AND SETTING FRIENDLY SUIT HEARING
TO THE HONORABLE JUDGE OF SAID COURT:
Come now, Defendants, LA PLAZA MALL, SIMON PROPERTY GROUP
(TEXAS), L.P. AND SIMON PROPERTY GROUP, INC. (“Defendants”), and file this, their
Unopposed Motion for Appointment of a Guardian Ad Litem and Order Setting Friendly
Suit Hearing. In support thereof, Defendants would respectfully show the following:
I.
This is a personal injury suit arising out of a fall from a broken chair. F.N.M.Z is a
minor. Her mother, Merlin Janeth Zambrano, brings suit as next friend of her minor child.
Plaintiff has reached a settlement with Defendants. In an effort to avoid any
potential conflicts of interests, it is the intention of Defendants, pursuant to Texas Rule of
Civil Procedure 173, to request this Court appoint a Guardian Ad Litem to represent the
best interests of the minor Plaintiff, F.N.M.Z, to review the settlement and make
appropriate recommendations to the Court and to set this matter for a friendly suit hearing.
WHEREFORE, PREMISES CONSIDERED, Defendants, LA PLAZA MALL,
SIMON PROPERTY GROUP (TEXAS), L.P. AND SIMON PROPERTY GROUP, INC.,
respectfully pray that this Court enter their Order granting their Defendants’ Unopposed
Motion to Appoint Guardian Ad Litem, appoint a suitable Guardian Ad Litem to look out
65615:46214442 1
Electronically Submitted
7/22/2022 4:24 PM
Hidalgo County Clerk
Accepted by: Audrey Alvarez
for and protect the interests of the F.N.M.Z, to set this matter for a friendly suit hearing
and any further relief to which the Defendants may show themselves justly entitled.
Respectfully submitted
ROYSTON, RAYZOR, VICKERY & WILLIAMS, LLP
By: //s// James H. Hunter, Jr.
James H. Hunter, Jr.
State Bar No. 00784311
jim.hunter@roystonlaw.com
Nathan S. Janis
State Bar No. 24106138
nathan.janis@roystonlaw.com
55 Cove Circle
Brownsville, Texas 78523-3509
Tel: (956) 542-4377
Fax: (956) 542-4370
Email: jim.hunter@roystonlaw.com
ATTORNEYS FOR DEFENDANTS,
LA PLAZA MALL, SIMON PROPERTY
GROUP (TEXAS), L.P. AND SIMON
PROPERTY GROUP, INC.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing
Defendants’ Unopposed Motion for Appointment of Guardian Ad Litem was
forwarded to all known counsel of record on this 22 nd day of July 2022, as follows:
Luis M. Cardenas
Joe Escobedo, Jr.
1602 Dulcinea Ave.
Edinburg, Texas 78539
//s// James H. Hunter, Jr.
OF ROYSTON, RAYZOR, VICKERY & WILLIAMS, L.L.P.
65615:46214442 2
Automated Certificate of eService
This automated certificate of service was created by the efiling system. The filer served this
document via email generated by the efiling system on the date and to the persons listed below.
The rules governing certificates of service have not changed. Filers must still provide a certificate
of service that complies with all applicable rules.
Gisela Vega on behalf of James Hunter, Jr.
Bar No. 00784311
Gisela.Vega@roystonlaw.com
Envelope ID: 66600155
Status as of 7/25/2022 8:37 AM CST
Associated Case Party: Simon Property Group (Texas), L.P.
Name BarNumber Email TimestampSubmitted Status
Nathan SJanis Nathan.Janis@roystonlaw.com 7/22/2022 4:24:34 PM SENT
James H. Hunter, Jr jim.hunter@roystonlaw.com 7/22/2022 4:24:34 PM SENT
Automated Certificate of eService
This automated certificate of service was created by the efiling system. The filer served this
document via email generated by the efiling system on the date and to the persons listed below.
The rules governing certificates of service have not changed. Filers must still provide a certificate
of service that complies with all applicable rules.
Gisela Vega on behalf of James Hunter, Jr.
Bar No. 00784311
Gisela.Vega@roystonlaw.com
Envelope ID: 66600155
Status as of 7/25/2022 8:37 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Cathy AGonzalez cathy@escobedocardenas.com 7/22/2022 4:24:34 PM SENT
Luis Cardenas luis@escobedocardenas.com 7/22/2022 4:24:34 PM SENT
Preview
Electronically Submitted 7/22/2022 4:24 PM Hidalgo County Clerk Accepted by: Audrey Alvarez CAUSE NO. CL-22-2808-J MERLIN JANETH ZAMBRANO AS § IN THE COUNTY COURT NEXT FRIEND OF F.N.M.Z. MINOR § § § VS. § AT LAW NO. 10 § § LA PLAZA MALL, SIMON PROPERTY § GROUP (TEXAS), L.P. AND SIMON § PROPERTY GROUP, INC. § HIDALGO COUNTY, TEXAS DEFENDANTS’ UNOPPOSED MOTION FOR APPOINTMENT OF GUARDIAN AD LITEM AND SETTING FRIENDLY SUIT HEARING TO THE HONORABLE JUDGE OF SAID COURT: Come now, Defendants, LA PLAZA MALL, SIMON PROPERTY GROUP (TEXAS), L.P. AND SIMON PROPERTY GROUP, INC. (“Defendants”), and file this, their Unopposed Motion for Appointment of a Guardian Ad Litem and Order Setting Friendly Suit Hearing. In support thereof, Defendants would respectfully show the following: I. This is a personal injury suit arising out of a fall from a broken chair. F.N.M.Z is a minor. Her mother, Merlin Janeth Zambrano, brings suit as next friend of her minor child. Plaintiff has reached a settlement with Defendants. In an effort to avoid any potential conflicts of interests, it is the intention of Defendants, pursuant to Texas Rule of Civil Procedure 173, to request this Court appoint a Guardian Ad Litem to represent the best interests of the minor Plaintiff, F.N.M.Z, to review the settlement and make appropriate recommendations to the Court and to set this matter for a friendly suit hearing. WHEREFORE, PREMISES CONSIDERED, Defendants, LA PLAZA MALL, SIMON PROPERTY GROUP (TEXAS), L.P. AND SIMON PROPERTY GROUP, INC., respectfully pray that this Court enter their Order granting their Defendants’ Unopposed Motion to Appoint Guardian Ad Litem, appoint a suitable Guardian Ad Litem to look out 65615:46214442 1 Electronically Submitted 7/22/2022 4:24 PM Hidalgo County Clerk Accepted by: Audrey Alvarez for and protect the interests of the F.N.M.Z, to set this matter for a friendly suit hearing and any further relief to which the Defendants may show themselves justly entitled. Respectfully submitted ROYSTON, RAYZOR, VICKERY & WILLIAMS, LLP By: //s// James H. Hunter, Jr. James H. Hunter, Jr. State Bar No. 00784311 jim.hunter@roystonlaw.com Nathan S. Janis State Bar No. 24106138 nathan.janis@roystonlaw.com 55 Cove Circle Brownsville, Texas 78523-3509 Tel: (956) 542-4377 Fax: (956) 542-4370 Email: jim.hunter@roystonlaw.com ATTORNEYS FOR DEFENDANTS, LA PLAZA MALL, SIMON PROPERTY GROUP (TEXAS), L.P. AND SIMON PROPERTY GROUP, INC. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing Defendants’ Unopposed Motion for Appointment of Guardian Ad Litem was forwarded to all known counsel of record on this 22 nd day of July 2022, as follows: Luis M. Cardenas Joe Escobedo, Jr. 1602 Dulcinea Ave. Edinburg, Texas 78539 //s// James H. Hunter, Jr. OF ROYSTON, RAYZOR, VICKERY & WILLIAMS, L.L.P. 65615:46214442 2 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Gisela Vega on behalf of James Hunter, Jr. Bar No. 00784311 Gisela.Vega@roystonlaw.com Envelope ID: 66600155 Status as of 7/25/2022 8:37 AM CST Associated Case Party: Simon Property Group (Texas), L.P. Name BarNumber Email TimestampSubmitted Status Nathan SJanis Nathan.Janis@roystonlaw.com 7/22/2022 4:24:34 PM SENT James H. Hunter, Jr jim.hunter@roystonlaw.com 7/22/2022 4:24:34 PM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Gisela Vega on behalf of James Hunter, Jr. Bar No. 00784311 Gisela.Vega@roystonlaw.com Envelope ID: 66600155 Status as of 7/25/2022 8:37 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Cathy AGonzalez cathy@escobedocardenas.com 7/22/2022 4:24:34 PM SENT Luis Cardenas luis@escobedocardenas.com 7/22/2022 4:24:34 PM SENT