On December 30, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Obregon,, Esther Trustee Of The Maria G. Davila,
and
Davila, Jesus, Jr.,
for All Other Civil Cases (OCA)
in the District Court of Hidalgo County.
Preview
Electronically Filed
7/27/2023 12:20 PM
Hidalgo County District Clerks
Reviewed By: Analyssa Suarez
CAUSE NO. C-4444-20-I
ESTHER OBREGON, TRUSTEE OF THE § IN THE DISTRICT COURT
MARIA G. DAVILA RESIDUARY TRUST §
Plaintiff, §
§
V. § 398TH JUDICIAL DISTRICT
§
JESUS DAVILA, JR. §
Defendant. § HIDALGO COUNTY, TEXAS
DEFENDANT'S MOTION FOR LEAVE OF COURT TO FILE LATE RESPONSE TO
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES Counsel for Defendant, JESUS DAVILA, JR. and requests Leave of
Court to file a late Response to Plaintiff's Motion for Summary Judgment.
I.
The deadline for filing Defendant's Response to Plaintiff's Motion for Summary
Judgment was July 24, 2023
II.
Counsel for Defendant was unable to timely file Defendant's Response to Plaintiff's
Motion for Summary Judgment for the following reasons, which constitute good cause for
grant of leave of Court: Counsel has not been able to communicate with Defendant
because Defendant has not recovered from a stroke that left him incapacitated.
III.
Seeking Leave of Court to file Defendant's Response to Plaintiff's Motion for
Summary Judgment is sought so that justice may be done, and not for purposes of delay.
IV.
Granting this request for Leave of Court to file Plaintiffs' Response will not delay the
beginning of trial.
WHEREFORE, PREMISES CONSIDERED, Counsel for Defendant requests the
Court to grant Leave of Court to file Defendant's Response to Plaintiff's Motion for
Summary Judgment.
Electronically Filed
7/27/2023 12:20 PM
Hidalgo County District Clerks
Reviewed By: Analyssa Suarez
Respectfully submitted,
By: /s/Rolando Cantu
ROLANDO CANTU
Texas Bar No. 00789201
1111 W. Nolana Avenue
McAllen, Texas 78504
Tel: (956) 687-5777
Fax: (956) 435-7238
Email: rcantu@cantulawfirm.com
Attorney for Defendant JESUS DAVILA, JR.
CERTIFICATE OF SERVICE
I certify that on July 27, 2023 a true and correct copy of Defendant's Motion for
Leave of Court to File Late Response to Plaintiff's Motion for Summary Judgment was
electronically served on the following attorneys of record via the eFile.TXCourts.gov
Electronic Filing Service.
O.C. HAMILTON, JR.
BRYAN T. RAMIREZ
Atlas, Hall & Rodriguez, LLP
818 W. Pecan Boulevard (78501)
P.O. Box 3725
McAllen, Texas 78502
Tel: (956) 682-5501
Fax: (956) 686-6109
Email: och@atlashall.com
Email: bramirez@atlashall.com
Attorneys for Plaintiff
ESTHER OBREGON, Trustee of the MARIA G. DAVILA residuary trust
/s/ Rolando Cantu
ROLANDO CANTU
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.
Rolando Cantu
Bar No. 789201
rcantu@cantulawfirm.com
Envelope ID: 77943834
Filing Code Description: Motion (No Fee)
Filing Description: DEFENDANT'S MOTION FOR LEAVE OF COURT TO
FILE LATE RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY
JUDGMENT
Status as of 7/27/2023 2:13 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
OSCAR HAMILTON CFONSECA@ATLASHALL.COM 7/27/2023 12:20:22 PM SENT
Yesenia Olazaran yolazaran@atlashall.com 7/27/2023 12:20:22 PM SENT
O.C. Hamilton Jr. och@atlashall.com 7/27/2023 12:20:22 PM SENT
Bryan Ramirez 24126029 bramirez@atlashall.com 7/27/2023 12:20:22 PM SENT
Document Filed Date
July 27, 2023
Case Filing Date
December 30, 2020
Category
All Other Civil Cases (OCA)
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Electronically Filed 7/27/2023 12:20 PM Hidalgo County District Clerks Reviewed By: Analyssa Suarez CAUSE NO. C-4444-20-I ESTHER OBREGON, TRUSTEE OF THE § IN THE DISTRICT COURT MARIA G. DAVILA RESIDUARY TRUST § Plaintiff, § § V. § 398TH JUDICIAL DISTRICT § JESUS DAVILA, JR. § Defendant. § HIDALGO COUNTY, TEXAS DEFENDANT'S MOTION FOR LEAVE OF COURT TO FILE LATE RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES Counsel for Defendant, JESUS DAVILA, JR. and requests Leave of Court to file a late Response to Plaintiff's Motion for Summary Judgment. I. The deadline for filing Defendant's Response to Plaintiff's Motion for Summary Judgment was July 24, 2023 II. Counsel for Defendant was unable to timely file Defendant's Response to Plaintiff's Motion for Summary Judgment for the following reasons, which constitute good cause for grant of leave of Court: Counsel has not been able to communicate with Defendant because Defendant has not recovered from a stroke that left him incapacitated. III. Seeking Leave of Court to file Defendant's Response to Plaintiff's Motion for Summary Judgment is sought so that justice may be done, and not for purposes of delay. IV. Granting this request for Leave of Court to file Plaintiffs' Response will not delay the beginning of trial. WHEREFORE, PREMISES CONSIDERED, Counsel for Defendant requests the Court to grant Leave of Court to file Defendant's Response to Plaintiff's Motion for Summary Judgment. Electronically Filed 7/27/2023 12:20 PM Hidalgo County District Clerks Reviewed By: Analyssa Suarez Respectfully submitted, By: /s/Rolando Cantu ROLANDO CANTU Texas Bar No. 00789201 1111 W. Nolana Avenue McAllen, Texas 78504 Tel: (956) 687-5777 Fax: (956) 435-7238 Email: rcantu@cantulawfirm.com Attorney for Defendant JESUS DAVILA, JR. CERTIFICATE OF SERVICE I certify that on July 27, 2023 a true and correct copy of Defendant's Motion for Leave of Court to File Late Response to Plaintiff's Motion for Summary Judgment was electronically served on the following attorneys of record via the eFile.TXCourts.gov Electronic Filing Service. O.C. HAMILTON, JR. BRYAN T. RAMIREZ Atlas, Hall & Rodriguez, LLP 818 W. Pecan Boulevard (78501) P.O. Box 3725 McAllen, Texas 78502 Tel: (956) 682-5501 Fax: (956) 686-6109 Email: och@atlashall.com Email: bramirez@atlashall.com Attorneys for Plaintiff ESTHER OBREGON, Trustee of the MARIA G. DAVILA residuary trust /s/ Rolando Cantu ROLANDO CANTU 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. Rolando Cantu Bar No. 789201 rcantu@cantulawfirm.com Envelope ID: 77943834 Filing Code Description: Motion (No Fee) Filing Description: DEFENDANT'S MOTION FOR LEAVE OF COURT TO FILE LATE RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Status as of 7/27/2023 2:13 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status OSCAR HAMILTON CFONSECA@ATLASHALL.COM 7/27/2023 12:20:22 PM SENT Yesenia Olazaran yolazaran@atlashall.com 7/27/2023 12:20:22 PM SENT O.C. Hamilton Jr. och@atlashall.com 7/27/2023 12:20:22 PM SENT Bryan Ramirez 24126029 bramirez@atlashall.com 7/27/2023 12:20:22 PM SENT