Preview
Electronically Submitted
3/2/2023 10:16 AM
Hidalgo County Clerk
Accepted by: Alejandra Lara
Juan Espinoza January 27, 2023
Page 118
CAUSE NO. CL-22-2376—B
JUAN HIPOLITO ESPINOZA, ) IN THE COUNTY COURT
)
Plaintiff, )
)
) AT LAW NO. 2
vs. )
)
WHATABURGER RESTAURANTS, LLC, ) HIDALGO COUNTY, TEXAS
)
Defendant. )
)
REPORTER'S CERTIFICATION
ORAL DEPOSITION OF
lO JUAN HIPOLITO ESPINOZA
January 27, 2023
ll Volume l
(REPORTED REMOTELY)
12
l3 I, Stephanie J. Hering, Certified Shorthand Reporter for
l4 the State of Texas, hereby certify to the following:
15 That the witness, JUAN HIPOLITO ESPINOZA, was duly
16 sworn by the officer and that the transcript of the oral”
l7 deposition is a true record of the testimony given by the
l8 witness;
19 That the deposition transcript was submitted on
20 Month gy' Day‘g' 2023, to the Attorney for Plaintiff, for
21 examination, signature, and return to me bygkifia, 2023;
22 That the amount of time fised by each party at the
23 deposition is as follows:
24 Mr. Duran — 2 hours, 38 minutes
Mr. Perez — O hours, O minutes
25
MAG NA9 LEGALSERVKES
Electronically Submitted
3/2/2023 10:16 AM
Hidalgo County Clerk
Accepted by: Alejandra Lara
Juan Esplnoza January 27, 2023
Page 119
That pursuant to 1nformatlon given to the
dep051tlon officer at the tlme sald testimony was taken, the
follow1ng 1ncludes counsel for all parties of record
FOR THE PLAINTIFF
Mr Marln Perez (Vla Zoom)
Law Offices of Marlo DaVila, PLLC
P O Box 3726
McAllen, Texas 78502
mlperezattornengmall com
(956) 322—8997
lO
FOR THE DEFENDANT'
ll
Mr Jav1er Duran (Vla Zoom)
12 Germer PLLC
1826 North Loop 1604 West, Su1te 300
13 San Antonio, TX 78248
jduran@germer—sa com
l4 (210)640—1650
15
l6
l7
18
19
2O
21
22
23
24
25
MAG NAa LEGALSERVKIS
Electronically Submitted
3/2/2023 10:16 AM
Hidalgo County Clerk
Accepted by: Alejandra Lara
Juan Espinoza January 27, 2023
Page 120
I further certify that I am neither counsel for,
related to, nor employed by any of the parties or attorneys
in the action in which this proceeding was taken, and
further that I am not financially or otherwise interested in
the outcome of the action.
Further certification requirements pursuant to
Rule 203 of TRCP will be certified to after they have
occurred.
10
+k
ll Certified to by me this 6 day of W023.
12 .
.'
J‘s
\
l3
Stephanie J. Hering, CSR 10817
14 Expiration Date: 7/31/2024
Firm Registration #633
15 Magna Legal Services
Seven Penn Center—9th Floor
16 1635 Market Street
Philadelphia, Pennsylvania 19103
l7 (215) 207.9460
(215) 207.9461 (Fax)
18
19
20
21
22
23
24
25
MAG NAfi LEGAL SERVICES
Electronically Submitted
3/2/2023 10:16 AM
Hidalgo County Clerk
Accepted by: Alejandra Lara
FURTHER CERTIFICATION UNDER TRCP RULE 203
The original deposition was£fl§§:fi§§)returned to the
deposition officer on :9“‘;>JZ"2*13> .
If returned, the attached Changes and Signature
page(s) contain(s) any changes and the reasons therefor.
If returned, the original deposition was delivered
to
d‘owrer gdmm
excaca fixfs’ is the deposition court costs to the
$
$%flM\4—’
19 Initiating Party for preparing the original
11 deposition and any copies of exhibits;
12 The deposition was delivered in accordance with Rule
13 203.3, and a copy of this certificate, served on all
14 parties shown herein, was filed witthhe Clerk.
(\
15 Certified to by me on this ;>’ day of
16
Mord“ ,
>935.
17
18
19
Magna L. S.
20
21 Magna Legal Services
Firm Registration Number 633
22 16414 San Pedro, Suite 999
San Antonio, Texas 78232
23 216-697-3460
24
Electronically Submitted
3/2/2023 10:16 AM
Hidalgo County Clerk
Accepted by: Alejandra Lara
Juan Esplnoza January 27, 2023
Page 2
A P P E A R A N C E S
FOR THE PLAINTIFF:
Mr. Marin Perez (Vla Zoom)
Law Offices of Marlo DaVila, PLLC
P O. BOX 3726
McAllen, Texas 78502
mlperezattorney@gmall.com
(956) 322—8997
FOR THE DEFENDANT:
Mr Jav1er Duran (Vla Zoom)
lO Germer PLLC
1826 North Loop 1604 West, Su1te 300
ll San Antonlo, TX 78248
jduran@germer—sa com
12 (210)640—1650
13
l4 Videographer, Jesse Shalev of Magna Legal Serv1ces
15 Texas CSR/Notary to swear 1n Witness, Carmen Yarbrough
16
l7
18
l9
20
21
22
23
24
25
MAG NA9 LEGALSERVKES
Electronically Submitted
3/2/2023 10:16 AM
Hidalgo County Clerk
Accepted by: Alejandra Lara
KIM TINDALL 8: ASSOCIATES
February 28, 2023
Re: Juan Espinoza
Dear Client:
d pursuant to the Texas
in this mailer. This tmnscript is being handle
We are forwarding these documents to you as the custodial attorney ure page(s).
copied on the Certificate of Deposition and/or Changes and Signat
Rules of Civil Procedure. All panics have been
The items marked refer to the attached documents.
D The original deposition transcripfls) and/or
Changes and Signature page(s) was returned to our office within the specified
ipt(s) and/or the Changes and Signature page(s) is
time limit.
being retumed to you
All panics have been copied and the original deposition transcr
safekeeping.
as the custodial attorney in this matter for
D An E-mail copy of the Changes and Signature page(s)
was previously returned afler the specified time
limit and filed as a Certificate
We axe now in receipt of tlw original deposition transcript(s) and/or
Changes and
of Non-Signature with the Clerk of Said Court
it to you as the custodial attorn
ey in this matter for safekeeping.
Signature page(s); therefore, we axe returning
D The original deposition tmnscript(s) and/or Changes and Signature page(s) was returned to
Procedure. A Certificate of Non-Sigmture has
been filed
our office after
with
the specified time limit
the Clerk of Said Court. All parties
pursuant to the Texas Rules of Civil
h E-Serve.
have been copied mgarding the attached Errata throug
D The Changes and Signature page(s) was returned to our
original deposition transcript(s) and/or the
e has been filed with the Clerk of Said Court. We
oflice unexecuted within the
ale returning the original deposition
specified time limit. A Certificate of Non—Signatur
in matter for safekeeping. All parties have
ure page(s) to you as the custodial attomey
this
transcfipt(s) and/or the Changes and Signat
been copied via through the E-file process.
D The Changes and Signature page(s) were returned electr
thmug h the E-file
onically within the specified time
process. Enclosed, please find the
limit pursuant to the
original
Texas Rules of Civil
Changes and Signature page(s)
Procedure. AH parties have been copied
received in our office afier the transcript was
filed and returned to your office.
) was not return ed to our ofi'lce within the specified time
fiThe original deposition transcript(s) and/or Changes and Signature page(s
Clerk. All parties have been copied throug
h the E-file process.
limit A Certificate of Non-signature has been filed with the Clerk of Said
D Signatuxe was waived by the deponent.
D Amended
Sincerely,
KTA Certs Department
Ccflsu KszdA‘COM
Nancy Renfroe - Department Manager
Kim Tindall & Associates, LLC
78232
16414 San Pedro Avenue, Suite 900, San Antonio, Texas
Phone: 866.672.7880
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.
Envelope ID: 73268449
Status as of 3/2/2023 10:20 AM CST
Associated Case Party: JUAN HIPOLITO ESPINOZA
Name BarNumber Email TimestampSubmitted Status
Martin L.Perez mlperezattorney@gmail.com 3/2/2023 10:16:36 AM SENT
Patricia Saenz PSaenzMDLaw@gmail.com 3/2/2023 10:16:36 AM SENT
MARIO DAVILA MDLawLitigation@gmail.com 3/2/2023 10:16:36 AM SENT
Jenna Juarez jennamdlaw@gmail.com 3/2/2023 10:16:36 AM SENT
Associated Case Party: WHATABURGER RESTAURANTS, LLC
Name BarNumber Email TimestampSubmitted Status
Roland Gonzales rgonzales@germer-sa.com 3/2/2023 10:16:36 AM SENT
Javier Duran jduran@germer-sa.com 3/2/2023 10:16:36 AM SENT
Micaela MarieMichael mmichael@germer-sa.com 3/2/2023 10:16:36 AM SENT
Emily Cox ecox@germer-sa.com 3/2/2023 10:16:36 AM SENT
Dominique Banda dbanda@germer-sa.com 3/2/2023 10:16:36 AM SENT
Karen Landinger klandinger@germer-sa.com 3/2/2023 10:16:36 AM SENT
Preview
Electronically Submitted 3/2/2023 10:16 AM Hidalgo County Clerk Accepted by: Alejandra Lara Juan Espinoza January 27, 2023 Page 118 CAUSE NO. CL-22-2376—B JUAN HIPOLITO ESPINOZA, ) IN THE COUNTY COURT ) Plaintiff, ) ) ) AT LAW NO. 2 vs. ) ) WHATABURGER RESTAURANTS, LLC, ) HIDALGO COUNTY, TEXAS ) Defendant. ) ) REPORTER'S CERTIFICATION ORAL DEPOSITION OF lO JUAN HIPOLITO ESPINOZA January 27, 2023 ll Volume l (REPORTED REMOTELY) 12 l3 I, Stephanie J. Hering, Certified Shorthand Reporter for l4 the State of Texas, hereby certify to the following: 15 That the witness, JUAN HIPOLITO ESPINOZA, was duly 16 sworn by the officer and that the transcript of the oral” l7 deposition is a true record of the testimony given by the l8 witness; 19 That the deposition transcript was submitted on 20 Month gy' Day‘g' 2023, to the Attorney for Plaintiff, for 21 examination, signature, and return to me bygkifia, 2023; 22 That the amount of time fised by each party at the 23 deposition is as follows: 24 Mr. Duran — 2 hours, 38 minutes Mr. Perez — O hours, O minutes 25 MAG NA9 LEGALSERVKES Electronically Submitted 3/2/2023 10:16 AM Hidalgo County Clerk Accepted by: Alejandra Lara Juan Esplnoza January 27, 2023 Page 119 That pursuant to 1nformatlon given to the dep051tlon officer at the tlme sald testimony was taken, the follow1ng 1ncludes counsel for all parties of record FOR THE PLAINTIFF Mr Marln Perez (Vla Zoom) Law Offices of Marlo DaVila, PLLC P O Box 3726 McAllen, Texas 78502 mlperezattornengmall com (956) 322—8997 lO FOR THE DEFENDANT' ll Mr Jav1er Duran (Vla Zoom) 12 Germer PLLC 1826 North Loop 1604 West, Su1te 300 13 San Antonio, TX 78248 jduran@germer—sa com l4 (210)640—1650 15 l6 l7 18 19 2O 21 22 23 24 25 MAG NAa LEGALSERVKIS Electronically Submitted 3/2/2023 10:16 AM Hidalgo County Clerk Accepted by: Alejandra Lara Juan Espinoza January 27, 2023 Page 120 I further certify that I am neither counsel for, related to, nor employed by any of the parties or attorneys in the action in which this proceeding was taken, and further that I am not financially or otherwise interested in the outcome of the action. Further certification requirements pursuant to Rule 203 of TRCP will be certified to after they have occurred. 10 +k ll Certified to by me this 6 day of W023. 12 . .' J‘s \ l3 Stephanie J. Hering, CSR 10817 14 Expiration Date: 7/31/2024 Firm Registration #633 15 Magna Legal Services Seven Penn Center—9th Floor 16 1635 Market Street Philadelphia, Pennsylvania 19103 l7 (215) 207.9460 (215) 207.9461 (Fax) 18 19 20 21 22 23 24 25 MAG NAfi LEGAL SERVICES Electronically Submitted 3/2/2023 10:16 AM Hidalgo County Clerk Accepted by: Alejandra Lara FURTHER CERTIFICATION UNDER TRCP RULE 203 The original deposition was£fl§§:fi§§)returned to the deposition officer on :9“‘;>JZ"2*13> . If returned, the attached Changes and Signature page(s) contain(s) any changes and the reasons therefor. If returned, the original deposition was delivered to d‘owrer gdmm excaca fixfs’ is the deposition court costs to the $ $%flM\4—’ 19 Initiating Party for preparing the original 11 deposition and any copies of exhibits; 12 The deposition was delivered in accordance with Rule 13 203.3, and a copy of this certificate, served on all 14 parties shown herein, was filed witthhe Clerk. (\ 15 Certified to by me on this ;>’ day of 16 Mord“ , >935. 17 18 19 Magna L. S. 20 21 Magna Legal Services Firm Registration Number 633 22 16414 San Pedro, Suite 999 San Antonio, Texas 78232 23 216-697-3460 24 Electronically Submitted 3/2/2023 10:16 AM Hidalgo County Clerk Accepted by: Alejandra Lara Juan Esplnoza January 27, 2023 Page 2 A P P E A R A N C E S FOR THE PLAINTIFF: Mr. Marin Perez (Vla Zoom) Law Offices of Marlo DaVila, PLLC P O. BOX 3726 McAllen, Texas 78502 mlperezattorney@gmall.com (956) 322—8997 FOR THE DEFENDANT: Mr Jav1er Duran (Vla Zoom) lO Germer PLLC 1826 North Loop 1604 West, Su1te 300 ll San Antonlo, TX 78248 jduran@germer—sa com 12 (210)640—1650 13 l4 Videographer, Jesse Shalev of Magna Legal Serv1ces 15 Texas CSR/Notary to swear 1n Witness, Carmen Yarbrough 16 l7 18 l9 20 21 22 23 24 25 MAG NA9 LEGALSERVKES Electronically Submitted 3/2/2023 10:16 AM Hidalgo County Clerk Accepted by: Alejandra Lara KIM TINDALL 8: ASSOCIATES February 28, 2023 Re: Juan Espinoza Dear Client: d pursuant to the Texas in this mailer. This tmnscript is being handle We are forwarding these documents to you as the custodial attorney ure page(s). copied on the Certificate of Deposition and/or Changes and Signat Rules of Civil Procedure. All panics have been The items marked refer to the attached documents. D The original deposition transcripfls) and/or Changes and Signature page(s) was returned to our office within the specified ipt(s) and/or the Changes and Signature page(s) is time limit. being retumed to you All panics have been copied and the original deposition transcr safekeeping. as the custodial attorney in this matter for D An E-mail copy of the Changes and Signature page(s) was previously returned afler the specified time limit and filed as a Certificate We axe now in receipt of tlw original deposition transcript(s) and/or Changes and of Non-Signature with the Clerk of Said Court it to you as the custodial attorn ey in this matter for safekeeping. Signature page(s); therefore, we axe returning D The original deposition tmnscript(s) and/or Changes and Signature page(s) was returned to Procedure. A Certificate of Non-Sigmture has been filed our office after with the specified time limit the Clerk of Said Court. All parties pursuant to the Texas Rules of Civil h E-Serve. have been copied mgarding the attached Errata throug D The Changes and Signature page(s) was returned to our original deposition transcript(s) and/or the e has been filed with the Clerk of Said Court. We oflice unexecuted within the ale returning the original deposition specified time limit. A Certificate of Non—Signatur in matter for safekeeping. All parties have ure page(s) to you as the custodial attomey this transcfipt(s) and/or the Changes and Signat been copied via through the E-file process. D The Changes and Signature page(s) were returned electr thmug h the E-file onically within the specified time process. Enclosed, please find the limit pursuant to the original Texas Rules of Civil Changes and Signature page(s) Procedure. AH parties have been copied received in our office afier the transcript was filed and returned to your office. ) was not return ed to our ofi'lce within the specified time fiThe original deposition transcript(s) and/or Changes and Signature page(s Clerk. All parties have been copied throug h the E-file process. limit A Certificate of Non-signature has been filed with the Clerk of Said D Signatuxe was waived by the deponent. D Amended Sincerely, KTA Certs Department Ccflsu KszdA‘COM Nancy Renfroe - Department Manager Kim Tindall & Associates, LLC 78232 16414 San Pedro Avenue, Suite 900, San Antonio, Texas Phone: 866.672.7880 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. Envelope ID: 73268449 Status as of 3/2/2023 10:20 AM CST Associated Case Party: JUAN HIPOLITO ESPINOZA Name BarNumber Email TimestampSubmitted Status Martin L.Perez mlperezattorney@gmail.com 3/2/2023 10:16:36 AM SENT Patricia Saenz PSaenzMDLaw@gmail.com 3/2/2023 10:16:36 AM SENT MARIO DAVILA MDLawLitigation@gmail.com 3/2/2023 10:16:36 AM SENT Jenna Juarez jennamdlaw@gmail.com 3/2/2023 10:16:36 AM SENT Associated Case Party: WHATABURGER RESTAURANTS, LLC Name BarNumber Email TimestampSubmitted Status Roland Gonzales rgonzales@germer-sa.com 3/2/2023 10:16:36 AM SENT Javier Duran jduran@germer-sa.com 3/2/2023 10:16:36 AM SENT Micaela MarieMichael mmichael@germer-sa.com 3/2/2023 10:16:36 AM SENT Emily Cox ecox@germer-sa.com 3/2/2023 10:16:36 AM SENT Dominique Banda dbanda@germer-sa.com 3/2/2023 10:16:36 AM SENT Karen Landinger klandinger@germer-sa.com 3/2/2023 10:16:36 AM SENT