Preview
Electronically Filed
10/3/2022 2:20 PM
Hidalgo County District Clerks
Reviewed By: Alexis Bonilla
C-3815-22-H
CAUSE NO. ___________________
JOSE MARTINEZ, JR. AND § IN THE DISTRICT COURT
LYDIA MARTINEZ,
§
Plaintiffs, § 389th JUDICIAL DISTRICT
______
V. §
§
CLAYTON WAYNE NEUHAUS, §
§
Defendants. § HIDALGO COUNTY, TEXAS
TEMPORARY RESTRAINING ORDER
Plaintiffs Jose Martinez, Jr., and Lydia Martinez have filed a sworn affidavit in support of
their motion for temporary restraining order, and, in connection therein, have moved for a temporary
restraining order as set forth in Plaintiffs’ Original Petition for Temporary Restraining Order and
Claims for Relief. It clearly appears from the facts set forth by Plaintiffs that unless CLAYTON
WAYNE NEUHAUS is immediately restrained from continuing to use his cellular phone and/or
other mobile electronic devices in his possession at the time of the crash on September 29, 2022,
evidence will be lost and Plaintiffs will suffer irreparable injury because they will not have an
opportunity to examine the data and conduct an inspection of the devices. Further, it is apparent that
if CLAYTON WAYNE NEUHAUS is not restrained from destroying, erasing data or applications,
deleting information, or otherwise altering data on the mobile devices of CLAYTON WAYNE
NEUHAUS, evidence will be lost evidence will be lost and Plaintiffs will suffer irreparable injury
because they will not have an opportunity to examine the data and conduct an inspection of the
devices.
Further, it is apparent that CLAYTON WAYNE NEUHAUS must be restrained from altering,
modifying, manipulating, destroying, or disposing of the white Ford 150 Raptor that he was
Temporary Restraining Order Page 1 of 3
Electronically Filed
10/3/2022 2:20 PM
Hidalgo County District Clerks
Reviewed By: Alexis Bonilla
C-3815-22-H
operating on September 29, 2022. It clearly appears from the facts set forth by Plaintiffs that unless
CLAYTON WAYNE NEUHAUS is immediately restrained from altering, modifying,
manipulating, destroying, or disposing of the white Ford 150 Raptor that he was operating on
September 29, 2022, evidence will be lost, and Plaintiffs will suffer irreparable injury because they
will not have an opportunity to access data pertaining to the crash.
IT IS THEREFORE ORDERED that CLAYTON WAYNE NEUHAUS, Defendant in this
case hereby is commanded to turn “off” all mobile electronic devices in his possession on
September 29, 2022, to include the cellular phone (or phones) that were in his possession on
September 29, 2022. Defendant CLAYTON WAYNE NEUHAUS, is further ordered to desist
from altering, modifying, deleting, manipulating and/or accessing any data, including applications
on those mobile electronic devices, to specifically include the cellular phone (or phones) that were
in the possession of Defendant CLAYTON WAYNE NEUHAUS at the time of the subject crash.
IT IS ALSO FURTHER ORDERED that CLAYTON WAYNE NEUHAUS shall not repair,
destroy, or dispose of the white Ford 150 Raptor that he was driving on September 29, 2022, and
that forms the basis of this action.
IT IS FURTHER ORDERED that the petition of Plaintiff for a temporary restraining order
October 18, 2022
shall be heard on the __________ day of October, at ________ 10:00 a.m./p.m., requiring Defendant
CLAYTON WAYNE NEUHAUS to then and there show cause, if any there be, why a temporary
injunction should not be issued as requested by Plaintiff. The Clerk of the Court is hereby
directed to issue a show cause notice to the defendant to appear at the temporary injunction
hearing.
The Clerk of the above-entitled court shall forthwith, at the filing by Plaintiff of the bond
Temporary Restraining Order Page 2 of 3
Electronically Filed
10/3/2022 2:20 PM
Hidalgo County District Clerks
Reviewed By: Alexis Bonilla
C-3815-22-H
hereinafter required, and on approving the same according to law, issue a temporary restraining
order in conformity with the law and the terms of this order.
This order shall not be effective unless and until Plaintiff executes and files with the clerk a
bond, in conformity with the law, in an amount of $500 cash/surety
_______________dollars.
SIGNED on this _______ 4th 11:59
day of October, 2022, at __________ a.m./p.m.
________________________________
JUDGE PRESIDING
Temporary Restraining Order Page 3 of 3
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.
Michael Cowen
Bar No. 795306
efilings@cmbtrial.com
Envelope ID: 68842031
Status as of 10/3/2022 4:39 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Michael Cowen efilings@cowenlaw.com 10/3/2022 3:05:11 PM SENT
Sonia Rodriguez sonia@cowenlaw.com 10/3/2022 3:05:11 PM SENT
Terry Krausse terry@cowenlaw.com 10/3/2022 3:05:11 PM SENT
Juan Laurents juan@cowenlaw.com 10/3/2022 3:05:11 PM SENT
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Electronically Filed 10/3/2022 2:20 PM Hidalgo County District Clerks Reviewed By: Alexis Bonilla C-3815-22-H CAUSE NO. ___________________ JOSE MARTINEZ, JR. AND § IN THE DISTRICT COURT LYDIA MARTINEZ, § Plaintiffs, § 389th JUDICIAL DISTRICT ______ V. § § CLAYTON WAYNE NEUHAUS, § § Defendants. § HIDALGO COUNTY, TEXAS TEMPORARY RESTRAINING ORDER Plaintiffs Jose Martinez, Jr., and Lydia Martinez have filed a sworn affidavit in support of their motion for temporary restraining order, and, in connection therein, have moved for a temporary restraining order as set forth in Plaintiffs’ Original Petition for Temporary Restraining Order and Claims for Relief. It clearly appears from the facts set forth by Plaintiffs that unless CLAYTON WAYNE NEUHAUS is immediately restrained from continuing to use his cellular phone and/or other mobile electronic devices in his possession at the time of the crash on September 29, 2022, evidence will be lost and Plaintiffs will suffer irreparable injury because they will not have an opportunity to examine the data and conduct an inspection of the devices. Further, it is apparent that if CLAYTON WAYNE NEUHAUS is not restrained from destroying, erasing data or applications, deleting information, or otherwise altering data on the mobile devices of CLAYTON WAYNE NEUHAUS, evidence will be lost evidence will be lost and Plaintiffs will suffer irreparable injury because they will not have an opportunity to examine the data and conduct an inspection of the devices. Further, it is apparent that CLAYTON WAYNE NEUHAUS must be restrained from altering, modifying, manipulating, destroying, or disposing of the white Ford 150 Raptor that he was Temporary Restraining Order Page 1 of 3 Electronically Filed 10/3/2022 2:20 PM Hidalgo County District Clerks Reviewed By: Alexis Bonilla C-3815-22-H operating on September 29, 2022. It clearly appears from the facts set forth by Plaintiffs that unless CLAYTON WAYNE NEUHAUS is immediately restrained from altering, modifying, manipulating, destroying, or disposing of the white Ford 150 Raptor that he was operating on September 29, 2022, evidence will be lost, and Plaintiffs will suffer irreparable injury because they will not have an opportunity to access data pertaining to the crash. IT IS THEREFORE ORDERED that CLAYTON WAYNE NEUHAUS, Defendant in this case hereby is commanded to turn “off” all mobile electronic devices in his possession on September 29, 2022, to include the cellular phone (or phones) that were in his possession on September 29, 2022. Defendant CLAYTON WAYNE NEUHAUS, is further ordered to desist from altering, modifying, deleting, manipulating and/or accessing any data, including applications on those mobile electronic devices, to specifically include the cellular phone (or phones) that were in the possession of Defendant CLAYTON WAYNE NEUHAUS at the time of the subject crash. IT IS ALSO FURTHER ORDERED that CLAYTON WAYNE NEUHAUS shall not repair, destroy, or dispose of the white Ford 150 Raptor that he was driving on September 29, 2022, and that forms the basis of this action. IT IS FURTHER ORDERED that the petition of Plaintiff for a temporary restraining order October 18, 2022 shall be heard on the __________ day of October, at ________ 10:00 a.m./p.m., requiring Defendant CLAYTON WAYNE NEUHAUS to then and there show cause, if any there be, why a temporary injunction should not be issued as requested by Plaintiff. The Clerk of the Court is hereby directed to issue a show cause notice to the defendant to appear at the temporary injunction hearing. The Clerk of the above-entitled court shall forthwith, at the filing by Plaintiff of the bond Temporary Restraining Order Page 2 of 3 Electronically Filed 10/3/2022 2:20 PM Hidalgo County District Clerks Reviewed By: Alexis Bonilla C-3815-22-H hereinafter required, and on approving the same according to law, issue a temporary restraining order in conformity with the law and the terms of this order. This order shall not be effective unless and until Plaintiff executes and files with the clerk a bond, in conformity with the law, in an amount of $500 cash/surety _______________dollars. SIGNED on this _______ 4th 11:59 day of October, 2022, at __________ a.m./p.m. ________________________________ JUDGE PRESIDING Temporary Restraining Order Page 3 of 3 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. Michael Cowen Bar No. 795306 efilings@cmbtrial.com Envelope ID: 68842031 Status as of 10/3/2022 4:39 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Michael Cowen efilings@cowenlaw.com 10/3/2022 3:05:11 PM SENT Sonia Rodriguez sonia@cowenlaw.com 10/3/2022 3:05:11 PM SENT Terry Krausse terry@cowenlaw.com 10/3/2022 3:05:11 PM SENT Juan Laurents juan@cowenlaw.com 10/3/2022 3:05:11 PM SENT