On February 09, 2021 a
Motion to Compel - MEDIATION & BRIEF IN SUPPORT OF DEFENDANT'S MOTION FOR CONTINUANCE WITH EXHIBITS ATTACHED
was filed
involving a dispute between
Zamora, Noel A, Jr.,
and
Reynaldo R. Salinas,
Salinas-Reyna, Reynaldo,
for Injury or Damage - Motor Vehicle (OCA)
in the District Court of Hidalgo County.
Preview
Electronically Filed
12/2/2022 4:06 PM
Hidalgo County District Clerks
Reviewed By: Cindy A. Lopez
CAUSE NO. C-0474-21-D
NOEL ARTURO ZAMORA, JR. § IN THE DISTRICT COURT
Plaintiff, §
§
v. §
§ 206TH JUDICIAL DISTRICT
REYNALDO SALINAS-REYNA, §
INDIVIDUALLY AND REYNALDO §
R. SALINAS §
Defendants § HIDALGO COUNTY, TEXAS
DEFENDANT REYNALDO SALINAS-REYNA’S MOTION TO COMPEL MEDIATION
& BRIEF IN SUPPORT OF DEFENDANT’S MOTION FOR CONTINUANCE
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES REYNALDO SALINAS-REYNA, Defendant in the above-entitled and
numbered cause, and files this, Defendant’s Motion to Compel Mediation & Brief in Support of
Defendant’s Motion for Continuance, and would state to the Court as follows:
I. BACKGROUND/FACTS
1. Plaintiff and Counter Defendant is Noel Arturo Zamora, Jr. (hereinafter “Plaintiff” or “Counter-
Defendant); Defendant and Counter-Plaintiff is Reynaldo Salinas-Reyna (hereinafter
“Defendant” or “Counter-Plaintiff).
2. Plaintiff Noel Arturo Zamora, Jr. filed his lawsuits on February 9, 2021 following a motor vehicle
accident that occurred on December 7, 2020. Plaintiff is seeking to recover for damages allegedly
sustain from the December 7, 2020 accident.1
3. This matter has never been mediated.
1
Exhibit A Plaintiff’s Original Petition
Page 1 of 5
Electronically Filed
12/2/2022 4:06 PM
Hidalgo County District Clerks
Reviewed By: Cindy A. Lopez
4. Counsel for Defendants have recently substituted in this matter and requested mediation to
explore resolution of this lawsuit.2
5. Counsel for Defendants have also filed a Motion for Continuance due to a trial setting in another
County.34
6. Plaintiff’s counsel has ignored Defendant’s requests to set a mediation prior to the trial date
despite mediation being mandatory under the local rules.5
7. Plaintiff’s counsel has instead attempted to impose conditional limitations on Defendant in order
to attend mediation.
II. EXHIBITS TO DEFENDANTS MOTION TO COMPEL
• Exhibit A: PLAINTIFFS ORIGINAL PETITION
• Exhibit B: ORDER OF SUBSTITUTION OF COUNSEL
• Exhibit C: DEFENDANT’S MOTION FOR CONTINUANCE
• Exhibit D: JOINT MOTION FOR PREFERENTIAL SETTING (Williamson County)
• Exhibit E: CORRESPONDENCE TO PLAINTIFF’S COUNSEL REQUESTING
MEDIATION
III. ARGUMENT & AUTHORITIES
8. The Court has the authority under Texas Civil Practice & Remedies Code section 154.021 to refer
a case to mediation. TEX. CIV. PRAC. REM. CODE § 154.021(a).
9. The issues in this dispute are complex and involve liability and damages issues.
10. Mediation is appropriate for this dispute because the parties, the Court, and other related non-
parties have an interest in an expedient resolution.
11. Defendant believes this dispute is amendable to resolution by mediation. Proceeding with this
lawsuit to trial will require substantial additional time and expense for all parties and the court
2
Exhibit B Order of Substitution of Counsel
3
Exhibit C Defendant’s Motion for Continuance.
4
Exhibit D Joint Motion for Preferential Setting
5
Exhibit E Correspondence to Plaintiff’s Counsel Requesting Mediation
Page 2 of 5
Electronically Filed
12/2/2022 4:06 PM
Hidalgo County District Clerks
Reviewed By: Cindy A. Lopez
system. Mediation will provide a forum to facilitate communication between the parties and
promote reconciliation, settlement, or understanding among the parties. Moreover, mediation will
preserve the time and resources of the trial court. It is in the best interest of both parties to attempt
to mediate this matter prior to preparing for trial.
12. Defendant further requests that this Court continue the current trial setting due to another setting
at the same time in another County. This trial date was set prior to Defendant’s involvement in
the case. Given Counsel for Defendant’s recent appearance in the case and lack of involvement
in setting the trial setting, Defendant respectfully requests the Court continue this matter so that
the aforementioned matters may be cured.
IV. CONCLUSION
V. Defendant asks the Court to order the parties to mediate this matter pursuant to Chapter 154
of the Texas Civil Practice and Remedies Code.
VI. Defendant further asks that the Court order the Plaintiff to agree on a mediator and attend
mediation with Gil Peralez, Andy Lehrman, or William “Bill” Garza or another mediator that
the Court is amenable to.
VII. Defendant further requests that this Court continue the current trial setting due to another
setting at the same time in another County set prior to Counsel for Defendant’s involvement
in this case.
VIII. PRAYER
For the reasons outlined above, REYNALDO SALINAS-REYNA asks this Court to order this
case to mediation no later than _____________________ with __________________________.
Defendant further requests such other relief to which he may show himself to be justly entitled to,
whether at law or equity.
Page 3 of 5
Electronically Filed
12/2/2022 4:06 PM
Hidalgo County District Clerks
Reviewed By: Cindy A. Lopez
Respectfully submitted,
GOLDMAN & PETERSON, PLLC
. 10100 Reunion Pl., Ste 800
San Antonio, Texas 78216
Tel: 210.340.9800
Fax: 210.340.9888
BY: ___________________________
LARRY J. GOLDMAN
State Bar No. 08093450
Larry@ljglaw.com
JULIAN R. DOMINGUEZ
State Bar No. 24107755
Julian@ljglaw.com
ATTORNEYS FOR DEFENDANT
REYNALDO SALINAS-REYNA,
INDIVIDUALLY AND REYNALDO
R. SALINAS
CERTIFICATE OF CONFERENCE
Defendant certifies that reasonable attempts to confer with Plaintiff's counsel on the
substance of this Motion were made prior to the filing of this motion and Plaintiff’s Counsel was
not agreeable.
________________________
LARRY J. GOLDMAN
JULIAN R. DOMINGUEZ
Page 4 of 5
Electronically Filed
12/2/2022 4:06 PM
Hidalgo County District Clerks
Reviewed By: Cindy A. Lopez
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and foregoing has been forwarded
to the following counsel of record in compliance with the Texas Rules of Civil Procedure on this 2nd
day of December, 2022.
Via E-Service: Via E-Service:
Mr. Jaime A. Gonzalez, Jr. Ms. Consuelito Martinez
Ms. Catherine W. Smith LAW OFFICES OF FANAFF, HOAGLAND,
GONZALEZ & ASSOCIATES LAW FIRM, LTD. GONZALES, BALDWIN & CUNNINGHAM
Summit Park North P.O. Box 258829
817 E. Esperanza Avenue Oklahoma City, OK 73125-8829
McAllen, Texas 78501
Counsel for Counter-Defendant Noel
Counsel for Plaintiff Noel Zamora Zamora
Via E-Service:
Mr. Ezequiel Reyna, Jr.
LAW OFFICES OF EZEQUIEL REYNA, JR., P.C.
702 W. Expressway 83, Suite 100
Weslaco, Texas 78596
Counsel for Counter-Plaintiff Reynaldo
Salinas-Reyna
______________________
LARRY J. GOLDMAN
JULIAN R. DOMINGUEZ
Page 5 of 5
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.
Karen Jouett on behalf of Larry Goldman
Bar No. 8093450
karen@ljglaw.com
Envelope ID: 70664200
Status as of 12/5/2022 9:04 AM CST
Associated Case Party: NoelAZamora
Name BarNumber Email TimestampSubmitted Status
Consuelito Martinez 24095835 texnewmexlegal@farmersinsurance.com 12/2/2022 4:06:35 PM SENT
Consuelito Martinez consuelito.martinez@farmersinsurance.com 12/2/2022 4:06:35 PM SENT
Consuelito Martinez rose.m.madrigal@farmersinsurance.com 12/2/2022 4:06:35 PM SENT
Associated Case Party: Reynaldo Salinas-Reyna
Name BarNumber Email TimestampSubmitted Status
Linda San Miguel lsmiguel@zreynalaw.com 12/2/2022 4:06:35 PM SENT
Desi Olivarez dolivarez@zreynalaw.com 12/2/2022 4:06:35 PM SENT
Richard NicolasMoore rnmoore@zreynalaw.com 12/2/2022 4:06:35 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
JAIME GONZALEZ JAIME@JAGLAWFIRM.COM 12/2/2022 4:06:35 PM SENT
CATHERINE SMITH CAT@JAGLAWFIRM.COM 12/2/2022 4:06:35 PM SENT
CS COURTFILING@JAGLAWFIRM.COM 12/2/2022 4:06:35 PM SENT
JAIME GONZALEZ roxanna@jaglawfirm.com 12/2/2022 4:06:35 PM SENT
Consuelito Martinez texnewmexlegal@farmersinsurance.com 12/2/2022 4:06:35 PM SENT
Sonia Lopez slopez@zreynalaw.com 12/2/2022 4:06:35 PM SENT
Document Filed Date
December 02, 2022
Case Filing Date
February 09, 2021
Category
Injury or Damage - Motor Vehicle (OCA)
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Preview
Electronically Filed 12/2/2022 4:06 PM Hidalgo County District Clerks Reviewed By: Cindy A. Lopez CAUSE NO. C-0474-21-D NOEL ARTURO ZAMORA, JR. § IN THE DISTRICT COURT Plaintiff, § § v. § § 206TH JUDICIAL DISTRICT REYNALDO SALINAS-REYNA, § INDIVIDUALLY AND REYNALDO § R. SALINAS § Defendants § HIDALGO COUNTY, TEXAS DEFENDANT REYNALDO SALINAS-REYNA’S MOTION TO COMPEL MEDIATION & BRIEF IN SUPPORT OF DEFENDANT’S MOTION FOR CONTINUANCE TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES REYNALDO SALINAS-REYNA, Defendant in the above-entitled and numbered cause, and files this, Defendant’s Motion to Compel Mediation & Brief in Support of Defendant’s Motion for Continuance, and would state to the Court as follows: I. BACKGROUND/FACTS 1. Plaintiff and Counter Defendant is Noel Arturo Zamora, Jr. (hereinafter “Plaintiff” or “Counter- Defendant); Defendant and Counter-Plaintiff is Reynaldo Salinas-Reyna (hereinafter “Defendant” or “Counter-Plaintiff). 2. Plaintiff Noel Arturo Zamora, Jr. filed his lawsuits on February 9, 2021 following a motor vehicle accident that occurred on December 7, 2020. Plaintiff is seeking to recover for damages allegedly sustain from the December 7, 2020 accident.1 3. This matter has never been mediated. 1 Exhibit A Plaintiff’s Original Petition Page 1 of 5 Electronically Filed 12/2/2022 4:06 PM Hidalgo County District Clerks Reviewed By: Cindy A. Lopez 4. Counsel for Defendants have recently substituted in this matter and requested mediation to explore resolution of this lawsuit.2 5. Counsel for Defendants have also filed a Motion for Continuance due to a trial setting in another County.34 6. Plaintiff’s counsel has ignored Defendant’s requests to set a mediation prior to the trial date despite mediation being mandatory under the local rules.5 7. Plaintiff’s counsel has instead attempted to impose conditional limitations on Defendant in order to attend mediation. II. EXHIBITS TO DEFENDANTS MOTION TO COMPEL • Exhibit A: PLAINTIFFS ORIGINAL PETITION • Exhibit B: ORDER OF SUBSTITUTION OF COUNSEL • Exhibit C: DEFENDANT’S MOTION FOR CONTINUANCE • Exhibit D: JOINT MOTION FOR PREFERENTIAL SETTING (Williamson County) • Exhibit E: CORRESPONDENCE TO PLAINTIFF’S COUNSEL REQUESTING MEDIATION III. ARGUMENT & AUTHORITIES 8. The Court has the authority under Texas Civil Practice & Remedies Code section 154.021 to refer a case to mediation. TEX. CIV. PRAC. REM. CODE § 154.021(a). 9. The issues in this dispute are complex and involve liability and damages issues. 10. Mediation is appropriate for this dispute because the parties, the Court, and other related non- parties have an interest in an expedient resolution. 11. Defendant believes this dispute is amendable to resolution by mediation. Proceeding with this lawsuit to trial will require substantial additional time and expense for all parties and the court 2 Exhibit B Order of Substitution of Counsel 3 Exhibit C Defendant’s Motion for Continuance. 4 Exhibit D Joint Motion for Preferential Setting 5 Exhibit E Correspondence to Plaintiff’s Counsel Requesting Mediation Page 2 of 5 Electronically Filed 12/2/2022 4:06 PM Hidalgo County District Clerks Reviewed By: Cindy A. Lopez system. Mediation will provide a forum to facilitate communication between the parties and promote reconciliation, settlement, or understanding among the parties. Moreover, mediation will preserve the time and resources of the trial court. It is in the best interest of both parties to attempt to mediate this matter prior to preparing for trial. 12. Defendant further requests that this Court continue the current trial setting due to another setting at the same time in another County. This trial date was set prior to Defendant’s involvement in the case. Given Counsel for Defendant’s recent appearance in the case and lack of involvement in setting the trial setting, Defendant respectfully requests the Court continue this matter so that the aforementioned matters may be cured. IV. CONCLUSION V. Defendant asks the Court to order the parties to mediate this matter pursuant to Chapter 154 of the Texas Civil Practice and Remedies Code. VI. Defendant further asks that the Court order the Plaintiff to agree on a mediator and attend mediation with Gil Peralez, Andy Lehrman, or William “Bill” Garza or another mediator that the Court is amenable to. VII. Defendant further requests that this Court continue the current trial setting due to another setting at the same time in another County set prior to Counsel for Defendant’s involvement in this case. VIII. PRAYER For the reasons outlined above, REYNALDO SALINAS-REYNA asks this Court to order this case to mediation no later than _____________________ with __________________________. Defendant further requests such other relief to which he may show himself to be justly entitled to, whether at law or equity. Page 3 of 5 Electronically Filed 12/2/2022 4:06 PM Hidalgo County District Clerks Reviewed By: Cindy A. Lopez Respectfully submitted, GOLDMAN & PETERSON, PLLC . 10100 Reunion Pl., Ste 800 San Antonio, Texas 78216 Tel: 210.340.9800 Fax: 210.340.9888 BY: ___________________________ LARRY J. GOLDMAN State Bar No. 08093450 Larry@ljglaw.com JULIAN R. DOMINGUEZ State Bar No. 24107755 Julian@ljglaw.com ATTORNEYS FOR DEFENDANT REYNALDO SALINAS-REYNA, INDIVIDUALLY AND REYNALDO R. SALINAS CERTIFICATE OF CONFERENCE Defendant certifies that reasonable attempts to confer with Plaintiff's counsel on the substance of this Motion were made prior to the filing of this motion and Plaintiff’s Counsel was not agreeable. ________________________ LARRY J. GOLDMAN JULIAN R. DOMINGUEZ Page 4 of 5 Electronically Filed 12/2/2022 4:06 PM Hidalgo County District Clerks Reviewed By: Cindy A. Lopez CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the above and foregoing has been forwarded to the following counsel of record in compliance with the Texas Rules of Civil Procedure on this 2nd day of December, 2022. Via E-Service: Via E-Service: Mr. Jaime A. Gonzalez, Jr. Ms. Consuelito Martinez Ms. Catherine W. Smith LAW OFFICES OF FANAFF, HOAGLAND, GONZALEZ & ASSOCIATES LAW FIRM, LTD. GONZALES, BALDWIN & CUNNINGHAM Summit Park North P.O. Box 258829 817 E. Esperanza Avenue Oklahoma City, OK 73125-8829 McAllen, Texas 78501 Counsel for Counter-Defendant Noel Counsel for Plaintiff Noel Zamora Zamora Via E-Service: Mr. Ezequiel Reyna, Jr. LAW OFFICES OF EZEQUIEL REYNA, JR., P.C. 702 W. Expressway 83, Suite 100 Weslaco, Texas 78596 Counsel for Counter-Plaintiff Reynaldo Salinas-Reyna ______________________ LARRY J. GOLDMAN JULIAN R. DOMINGUEZ Page 5 of 5 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. Karen Jouett on behalf of Larry Goldman Bar No. 8093450 karen@ljglaw.com Envelope ID: 70664200 Status as of 12/5/2022 9:04 AM CST Associated Case Party: NoelAZamora Name BarNumber Email TimestampSubmitted Status Consuelito Martinez 24095835 texnewmexlegal@farmersinsurance.com 12/2/2022 4:06:35 PM SENT Consuelito Martinez consuelito.martinez@farmersinsurance.com 12/2/2022 4:06:35 PM SENT Consuelito Martinez rose.m.madrigal@farmersinsurance.com 12/2/2022 4:06:35 PM SENT Associated Case Party: Reynaldo Salinas-Reyna Name BarNumber Email TimestampSubmitted Status Linda San Miguel lsmiguel@zreynalaw.com 12/2/2022 4:06:35 PM SENT Desi Olivarez dolivarez@zreynalaw.com 12/2/2022 4:06:35 PM SENT Richard NicolasMoore rnmoore@zreynalaw.com 12/2/2022 4:06:35 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status JAIME GONZALEZ JAIME@JAGLAWFIRM.COM 12/2/2022 4:06:35 PM SENT CATHERINE SMITH CAT@JAGLAWFIRM.COM 12/2/2022 4:06:35 PM SENT CS COURTFILING@JAGLAWFIRM.COM 12/2/2022 4:06:35 PM SENT JAIME GONZALEZ roxanna@jaglawfirm.com 12/2/2022 4:06:35 PM SENT Consuelito Martinez texnewmexlegal@farmersinsurance.com 12/2/2022 4:06:35 PM SENT Sonia Lopez slopez@zreynalaw.com 12/2/2022 4:06:35 PM SENT