Preview
Electronically Filed
3/30/2022 9:01 AM
Hidalgo County District Clerks
Reviewed By: Nancy Delgado
CAUSE NO. C-4189-20-D
MERARI CUEVAS IN THE DISTRICT COURT
Plaintiff,
V. 20674 JUDICIAL DISTRICT
CANDELARIO CUEVAS
Defendant,
Mmm mmm mom
HIDALGO COUNTY, TEXAS
PLAINTIFF’S MOTION TO COMPEL
Plaintiff bring this Motion to Compel against Defendant, CANDELARIO CUEVAS.
Defendant has submitted incomplete responses and/or raised frivolous objections to Plaintiff's
requests for production and interrogatories. In support of this motion to compel, Movants
respectfully show the Court as follows:
I.
BACKGROUND
On December 4, 2020, Plaintiff filed an Original Petition which contained Plaintiff Merari
Cuevas First Set of Interrogatories to Defendant Candelario Cuevas and Plaintiff's First Set of
Request for Production to Defendant Candelario Cuevas. Defendants provided incomplete
responses and improper objections on March 26, 2021. Plaintiff has requested that Defendant
supplement and provide complete responses to the above-mentioned written discovery but
Defendant has still not provided a complete discovery response as required under the rules.
Therefore, Plaintiffs request an Order compelling Defendants to provide complete written
discovery responses.Electronically Filed
3/30/2022 9:01 AM
Hidalgo County District Clerks
Reviewed By: Nancy Delgado
On January 28, 2021, Plaintiff served Requests for Production and Interrogatories to
Defendants. In their responses, Defendant raised improper objections and refused to respond (or
only partially responded) to many of Plaintiffs discovery requests. Plaintiffs Counsel has
attempted to confer with Defendant’s counsel regarding Defendant’s discovery responses but
Defendant remains noncompliant with the discovery process.
Correspondence seeking to obtain Defendant’s compliance with the discovery process is
attached as Exhibit 1.
Il.
FAILURE TO RESPOND TO DISCOVERY
Plaintiffs respectfully request that 1) a hearing be set on Defendant’s objections pursuant
to TRCP 193.4, 2) that Defendants’ objections be OVERRULED, and 3) that Defendants be
compelled to fully respond to Plaintiff's request for production, interrogatories, and disclosure
as described herein:
A. Requests For Production
Plaintiffs’ First Request for Production to Defendant CANDELARIO CUEVAS, No.’s
12, 13, 14, 21, 23, 24, 27, 28, 29, 30, 34, 35, 37 and 40, served, January 28, 2021
[Defendant’s response is attached hereto as Exhibit 2];
B. Interrogatory Request
Plaintiffs' First Set of Interrogatories to Defendant CANDELARIO CUEVAS, No.’s 3, 4,
5, 7, 8, 9, 10, 11 and 16, served, January 28, 2021.
[Defendant’s response is attached hereto as Exhibit 2];
Plaintiffs have attempted in good faith to resolve these disputes without resorting to the
Court for relief as demonstrated in this motion and the attached emails to Defense Counsel. [SeeElectronically Filed
3/30/2022 9:01 AM
Hidalgo County District Clerks
Reviewed By: Nancy Delgado
Exhibit 1.] Plaintiffs’ discovery requests are proper, necessary, and needed by Plaintiffs in order
to adequately prepare for trial in this case. No good reason exists for Defendants’ failure to
respond to Plaintiff’s discovery.
PRAYER
For these reasons, Movant prays that, upon hearing hereof, Defendant’s objections be
overruled and Defendant be ordered to provide full and complete answers to all above- referenced
propounded discovery. Plaintiffs further prays that Plaintiff be awarded reasonable attorneys’
fees and any further relief to which they may show themselves to be entitled at law or in equity.
Respectfully submitted,
LAW OFFICES OF MARIO DAVILA, PLLC
P.O. Box 3726
McAllen, Texas 78502
Telephone (956) 682-3535
Litigation (956) 322-8997
Facsimile (956) 682-3550
BY:__/s/Ruy Mireles
RUY MIRELES
Texas State Bar No.: 24090268
MARIO DAVILA
Texas State Bar No.: 24045750
Email: RuyMDlaw@ gmail.com
Email: MarioDavilaMDLaw@ gmail.com
Eservice: MDLawLitigation@ gmail.com
Attorney for PlaintiffElectronically Filed
3/30/2022 9:01 AM
Hidalgo County District Clerks
Reviewed By: Nancy Delgado
CERTIFICATE OF CONFERENCE
This is to certify that the undersigned attorney attempted in good faith to resolve the issues
surrounding this discovery matter without court intervention; however, the attempt failed.
Therefore, the matter is presented to the Court for determination.
LL Ruy Mireley
RUY MIRELES
CERTIFICATE OF SERVICE
This will certify that in accordance with the Texas Rules of Civil Procedure, a true and
correct copy of the foregoing instrument has been served to all attorneys of record in this cause of
action on the 30% day of March, 2022, in the following manner:
Lamy J. Goldman/ Julian R. Dominguez E-SERVICE/E-FILE
GOLDMAN & PETERSON PLLC
10100 Reunion Place, Suite 800
San Antonio, Texas 78216
Telephone: (210) 340-9800
Facsimile: (210) 340"9888
Larry@liglaw.com
Julian@ liglaw.com
Attomey for Defendant
LL Ruy Mireley
RUY MIRELESAutomated 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.
Alma Stutzner on behalf of Ruy Mireles
Bar No. 24090268
almasmdlaw@ gmail.com
Envelope ID: 63082581
Status as of 3/30/2022 9:35 AM CST
Associated Case Party: Candelario Cuevas
Name BarNumber | Email
24107755
Status
SENT
TimestampSubmitted
3/30/2022 9:01:32 AM
J ulian Dominguez J ulian@ |jglaw.com
Case Contacts
Name BarNumber | Email TimestampSubmitted | Status
RUY MIRELES ruymdlaw@ gmail.com 3/30/2022 9:01:32 AM | SENT
Alma Stutzner almasmdlaw@ gmail.com 3/30/2022 9:01:32 AM | SENT
RUY MIRELES mdlawlitigation@ gmail.com | 3/30/2022 9:01:32 AM | SENT
LARRY GOLDMAN MAIL@LJ GLAW.COM 3/30/2022 9:01:32 AM | SENT
Preview
Electronically Filed 3/30/2022 9:01 AM Hidalgo County District Clerks Reviewed By: Nancy Delgado CAUSE NO. C-4189-20-D MERARI CUEVAS IN THE DISTRICT COURT Plaintiff, V. 20674 JUDICIAL DISTRICT CANDELARIO CUEVAS Defendant, Mmm mmm mom HIDALGO COUNTY, TEXAS PLAINTIFF’S MOTION TO COMPEL Plaintiff bring this Motion to Compel against Defendant, CANDELARIO CUEVAS. Defendant has submitted incomplete responses and/or raised frivolous objections to Plaintiff's requests for production and interrogatories. In support of this motion to compel, Movants respectfully show the Court as follows: I. BACKGROUND On December 4, 2020, Plaintiff filed an Original Petition which contained Plaintiff Merari Cuevas First Set of Interrogatories to Defendant Candelario Cuevas and Plaintiff's First Set of Request for Production to Defendant Candelario Cuevas. Defendants provided incomplete responses and improper objections on March 26, 2021. Plaintiff has requested that Defendant supplement and provide complete responses to the above-mentioned written discovery but Defendant has still not provided a complete discovery response as required under the rules. Therefore, Plaintiffs request an Order compelling Defendants to provide complete written discovery responses.Electronically Filed 3/30/2022 9:01 AM Hidalgo County District Clerks Reviewed By: Nancy Delgado On January 28, 2021, Plaintiff served Requests for Production and Interrogatories to Defendants. In their responses, Defendant raised improper objections and refused to respond (or only partially responded) to many of Plaintiffs discovery requests. Plaintiffs Counsel has attempted to confer with Defendant’s counsel regarding Defendant’s discovery responses but Defendant remains noncompliant with the discovery process. Correspondence seeking to obtain Defendant’s compliance with the discovery process is attached as Exhibit 1. Il. FAILURE TO RESPOND TO DISCOVERY Plaintiffs respectfully request that 1) a hearing be set on Defendant’s objections pursuant to TRCP 193.4, 2) that Defendants’ objections be OVERRULED, and 3) that Defendants be compelled to fully respond to Plaintiff's request for production, interrogatories, and disclosure as described herein: A. Requests For Production Plaintiffs’ First Request for Production to Defendant CANDELARIO CUEVAS, No.’s 12, 13, 14, 21, 23, 24, 27, 28, 29, 30, 34, 35, 37 and 40, served, January 28, 2021 [Defendant’s response is attached hereto as Exhibit 2]; B. Interrogatory Request Plaintiffs' First Set of Interrogatories to Defendant CANDELARIO CUEVAS, No.’s 3, 4, 5, 7, 8, 9, 10, 11 and 16, served, January 28, 2021. [Defendant’s response is attached hereto as Exhibit 2]; Plaintiffs have attempted in good faith to resolve these disputes without resorting to the Court for relief as demonstrated in this motion and the attached emails to Defense Counsel. [SeeElectronically Filed 3/30/2022 9:01 AM Hidalgo County District Clerks Reviewed By: Nancy Delgado Exhibit 1.] Plaintiffs’ discovery requests are proper, necessary, and needed by Plaintiffs in order to adequately prepare for trial in this case. No good reason exists for Defendants’ failure to respond to Plaintiff’s discovery. PRAYER For these reasons, Movant prays that, upon hearing hereof, Defendant’s objections be overruled and Defendant be ordered to provide full and complete answers to all above- referenced propounded discovery. Plaintiffs further prays that Plaintiff be awarded reasonable attorneys’ fees and any further relief to which they may show themselves to be entitled at law or in equity. Respectfully submitted, LAW OFFICES OF MARIO DAVILA, PLLC P.O. Box 3726 McAllen, Texas 78502 Telephone (956) 682-3535 Litigation (956) 322-8997 Facsimile (956) 682-3550 BY:__/s/Ruy Mireles RUY MIRELES Texas State Bar No.: 24090268 MARIO DAVILA Texas State Bar No.: 24045750 Email: RuyMDlaw@ gmail.com Email: MarioDavilaMDLaw@ gmail.com Eservice: MDLawLitigation@ gmail.com Attorney for PlaintiffElectronically Filed 3/30/2022 9:01 AM Hidalgo County District Clerks Reviewed By: Nancy Delgado CERTIFICATE OF CONFERENCE This is to certify that the undersigned attorney attempted in good faith to resolve the issues surrounding this discovery matter without court intervention; however, the attempt failed. Therefore, the matter is presented to the Court for determination. LL Ruy Mireley RUY MIRELES CERTIFICATE OF SERVICE This will certify that in accordance with the Texas Rules of Civil Procedure, a true and correct copy of the foregoing instrument has been served to all attorneys of record in this cause of action on the 30% day of March, 2022, in the following manner: Lamy J. Goldman/ Julian R. Dominguez E-SERVICE/E-FILE GOLDMAN & PETERSON PLLC 10100 Reunion Place, Suite 800 San Antonio, Texas 78216 Telephone: (210) 340-9800 Facsimile: (210) 340"9888 Larry@liglaw.com Julian@ liglaw.com Attomey for Defendant LL Ruy Mireley RUY MIRELESAutomated 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. Alma Stutzner on behalf of Ruy Mireles Bar No. 24090268 almasmdlaw@ gmail.com Envelope ID: 63082581 Status as of 3/30/2022 9:35 AM CST Associated Case Party: Candelario Cuevas Name BarNumber | Email 24107755 Status SENT TimestampSubmitted 3/30/2022 9:01:32 AM J ulian Dominguez J ulian@ |jglaw.com Case Contacts Name BarNumber | Email TimestampSubmitted | Status RUY MIRELES ruymdlaw@ gmail.com 3/30/2022 9:01:32 AM | SENT Alma Stutzner almasmdlaw@ gmail.com 3/30/2022 9:01:32 AM | SENT RUY MIRELES mdlawlitigation@ gmail.com | 3/30/2022 9:01:32 AM | SENT LARRY GOLDMAN MAIL@LJ GLAW.COM 3/30/2022 9:01:32 AM | SENT