Preview
Electronically Filed
6/21/2021 6:05 PM
Hidalgo County District Clerks
Reviewed By: Alessandra Galvan
CAUSE NO.: C-2190-20-B
Christopher de Leon, d/b/a De Leon § In the District Court of
Aircraft Maintenance Professional, §
Plaintiff, §
§
vs. § 93rd Judicial District
§
City of Weslaco, Texas, §
Anthony Munoz, in His Official Capacity, and §
Russell Eugene Remy, §
Defendants. § Hidalgo County, Texas
Plaintiff Christopher De Leon d/b/a De Leon Aircraft Maintenance
Professional’s Verified Motion for Continuance to Respond to
Defendant Russell Eugene Remy’s Motion to Dismiss Pursuant to Anti SLAPP Statute
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW Plaintiff CHRISTOPHER DE LEON D/B/A DE LEON AIRCRAFT
MAINTENANCE PROFESSIONAL, and files this, his Verified Motion for Continuance to
Respond to Defendant RUSSELL EUGUENE REMY’s Motion to Dismiss Pursuant to Anti
SLAPP Statute. In support thereof, Plaintiff respectfully shows as follows:
I. All Proceedings Are Stayed
On December 21, 2020, Defendant CITY OF WESLACO filed a notice of appeal tht
was forwarded to the 13th District Court of Appeals. City of Weslaco, Texas, Appellant, v.
Christopher De Leon d/b/a De Leon Aircraft Maintenance Professional, Appellee., Cause No.
13-20-00561-cv. The appeal concerns this Court’s denial of the Defendant’s assertion of
immunity and plea to the jurisdiction. The notice of appeal was filed on December 20, 2020 and
is still pending.
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Electronically Filed
6/21/2021 6:05 PM
Hidalgo County District Clerks
Reviewed By: Alessandra Galvan
Pursuant to Chapter 51 of the Texas Civil Practice and Remedies Code, See Tex. Civ.
Prac. & Rem. §51.014 (b) (“An interlocutory appeal under Subsection (a)(3), (5), (8), or (12) also
stays all other proceedings in the trial court pending resolution of that appeal.”) (emphasis
added). Thus, Defendant’s motion, and Plaintiff’s response thereto, cannot be heard by this
Court until the resolution of the appeal. Accordingly, Defendant’s Motion must be stayed.
II. Objection to Hearing Date and Time
While the pending appeal should stay all proceedings in this matter, Plaintiff also objects
to the date and time of the hearing. The Texas Citizens Participation Act requires 21 days notice
of the hearing. See Tex. Civ. Prac. & Rem. § 27.003(d) (“The moving party shall provide written
notice of the date and time of the hearing under Section 27.004 not later than 21 days before the
date of the hearing... .”). The Order Setting Hearing was signed on June 2, 2021 for a hearing on
June 22, 2021. See “EXHIBIT No. 1" Plaintiff received notice of this hearing on June 2, 2021.
Applying Rule 4 of the Texas Rules of Civil Procedure to this date, not counting the date
of the notice, the hearing is premature and should not have been scheduled prior to Wednesday,
June 24, 2021. See Tex. R. Civ. P. 4 (“the day of the act...after which the designated period of
time begins to run is not to be included”). Plaintiff moves for continuance of the hearing.
III. Prayer
WHEREFORE, PREMISES CONSIDERED, Plaintiff CHRISTOPHER DE LEON D/B/A
DE LEON AIRCRAFT MAINTENANCE PROFESSIONAL respectfully requests that all
proceedings in this matter are stayed until resolution of the appeal pending before the 13th Court
of Appeals, including the Plaintiff’s response to Defendant’s Motion to Dismiss Pursuant to Anti
SLAPP Statute. In the alternative, the Plaintiff moves for continuance of the hearing.
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Electronically Filed
6/21/2021 6:05 PM
Hidalgo County District Clerks
Reviewed By: Alessandra Galvan
Respectfully submitted,
DALE & KLEIN, L.L.P.
1100 E. Jasmine, Ste. 202
McAllen, Texas 78501
Telephone No. 956.687.8700
Facsimile No. 956.687.2416
E-Mail: office@daleklein.com
/s/ William Mount, Jr.
KATIE PEARSON KLEIN
State Bar No. 11561900
WILLIAM D. MOUNT, JR.
State Bar No. 14602950
LISA Y. GUERRA
State Bar No. 24112407
/s/ Rafael De La Garza
State Bar No. 24076343
DE LA GARZA LAW FIRM
4919 S. Jackson Rd.
Edinburg, Texas 78539
Telephone: (956) 533-1426
Fax: (956) 284-0518
E-Mail: rdlglaw@gmail.com
ATTORNEYS FOR PLAINTIFF
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Electronically Filed
6/21/2021 6:05 PM
Hidalgo County District Clerks
Reviewed By: Alessandra Galvan
Verification
STATE OF TEXAS §
COUNTY OF HIDALGO g
BEFORE ME, the undersigned Notary Public, on this day personally appeared WILLIAM D.
MOUNT, JR., Who being by me duly sworn 0n his oath deposed and said, that he is an attorney with
the law firm of Dale & Klein, L.L.P., attomeys representing Plaintiff Christopher De Leon, d/b/a/
De Leon Aircraft Maintenance Professionals in the above-entitled and numbered cause, that he has
read Plaintiff Christopher De Leon’s Verified Motion for Continuance to Respond t0 Defendant
Russell Eugene Remy’s Motion to Dismiss Pursuant to Anti SLAPP Statute, and that every factual
statement contained therein is within his personal knowledge and is true and correct.
f.
w/lflrJQ/V 00
\
.
WILLIAM D. MOUNT, JR.
SUBSCRIBED AND SWORN TO BEFORE ME on the 215T day ofJune, 2020, to certify Which
witness my hand and official seal
"a OLINDAOCHOAGUERRERO -
(DI “M&OQW QWy/JZ/D
.
21%;”;
'-."»
4:5,”
My Notarym125643744
NOtary Pubhc State Of Texas
Expires Apn'I8. 2022
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Electronically Filed
6/21/2021 6:05 PM
Hidalgo County District Clerks
Reviewed By: Alessandra Galvan
Certificate of Service
I HEREBY CERTIFY that a true and correct copy of the foregoing document has been served
on all counsel of record on June 21, 2021, by electronic delivery to wit:
Rosemary Conrad-Sandoval
ROERIG, OLIVEIRA & FISHER, LLP
10225 N. 10th St.
McAllen, Texas 78504
Juan E. Gonzalez
LAW OFFICE OF JUAN E. GONZALEZ
3110 E. Bus. Hwy. 83
Weslaco, Texas 78596
Bobby Garcia
LAW OFFICE OF BOBBY GARCIA, PC
P.O. Box 5729
McAllen, TX 78502
/s/ William Mount, Jr.
WILLIAM D. MOUNT, JR.
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Preview
Electronically Filed 6/21/2021 6:05 PM Hidalgo County District Clerks Reviewed By: Alessandra Galvan CAUSE NO.: C-2190-20-B Christopher de Leon, d/b/a De Leon § In the District Court of Aircraft Maintenance Professional, § Plaintiff, § § vs. § 93rd Judicial District § City of Weslaco, Texas, § Anthony Munoz, in His Official Capacity, and § Russell Eugene Remy, § Defendants. § Hidalgo County, Texas Plaintiff Christopher De Leon d/b/a De Leon Aircraft Maintenance Professional’s Verified Motion for Continuance to Respond to Defendant Russell Eugene Remy’s Motion to Dismiss Pursuant to Anti SLAPP Statute TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW Plaintiff CHRISTOPHER DE LEON D/B/A DE LEON AIRCRAFT MAINTENANCE PROFESSIONAL, and files this, his Verified Motion for Continuance to Respond to Defendant RUSSELL EUGUENE REMY’s Motion to Dismiss Pursuant to Anti SLAPP Statute. In support thereof, Plaintiff respectfully shows as follows: I. All Proceedings Are Stayed On December 21, 2020, Defendant CITY OF WESLACO filed a notice of appeal tht was forwarded to the 13th District Court of Appeals. City of Weslaco, Texas, Appellant, v. Christopher De Leon d/b/a De Leon Aircraft Maintenance Professional, Appellee., Cause No. 13-20-00561-cv. The appeal concerns this Court’s denial of the Defendant’s assertion of immunity and plea to the jurisdiction. The notice of appeal was filed on December 20, 2020 and is still pending. H:\P\20-5631\Motions\06.21.2021 - Ps Rspns to Anti-SLAPP Mtn x.wpd Page 1 of 5 Electronically Filed 6/21/2021 6:05 PM Hidalgo County District Clerks Reviewed By: Alessandra Galvan Pursuant to Chapter 51 of the Texas Civil Practice and Remedies Code, See Tex. Civ. Prac. & Rem. §51.014 (b) (“An interlocutory appeal under Subsection (a)(3), (5), (8), or (12) also stays all other proceedings in the trial court pending resolution of that appeal.”) (emphasis added). Thus, Defendant’s motion, and Plaintiff’s response thereto, cannot be heard by this Court until the resolution of the appeal. Accordingly, Defendant’s Motion must be stayed. II. Objection to Hearing Date and Time While the pending appeal should stay all proceedings in this matter, Plaintiff also objects to the date and time of the hearing. The Texas Citizens Participation Act requires 21 days notice of the hearing. See Tex. Civ. Prac. & Rem. § 27.003(d) (“The moving party shall provide written notice of the date and time of the hearing under Section 27.004 not later than 21 days before the date of the hearing... .”). The Order Setting Hearing was signed on June 2, 2021 for a hearing on June 22, 2021. See “EXHIBIT No. 1" Plaintiff received notice of this hearing on June 2, 2021. Applying Rule 4 of the Texas Rules of Civil Procedure to this date, not counting the date of the notice, the hearing is premature and should not have been scheduled prior to Wednesday, June 24, 2021. See Tex. R. Civ. P. 4 (“the day of the act...after which the designated period of time begins to run is not to be included”). Plaintiff moves for continuance of the hearing. III. Prayer WHEREFORE, PREMISES CONSIDERED, Plaintiff CHRISTOPHER DE LEON D/B/A DE LEON AIRCRAFT MAINTENANCE PROFESSIONAL respectfully requests that all proceedings in this matter are stayed until resolution of the appeal pending before the 13th Court of Appeals, including the Plaintiff’s response to Defendant’s Motion to Dismiss Pursuant to Anti SLAPP Statute. In the alternative, the Plaintiff moves for continuance of the hearing. H:\P\20-5631\Motions\06.21.2021 - Ps Rspns to Anti-SLAPP Mtn x.wpd Page 2 of 5 Electronically Filed 6/21/2021 6:05 PM Hidalgo County District Clerks Reviewed By: Alessandra Galvan Respectfully submitted, DALE & KLEIN, L.L.P. 1100 E. Jasmine, Ste. 202 McAllen, Texas 78501 Telephone No. 956.687.8700 Facsimile No. 956.687.2416 E-Mail: office@daleklein.com /s/ William Mount, Jr. KATIE PEARSON KLEIN State Bar No. 11561900 WILLIAM D. MOUNT, JR. State Bar No. 14602950 LISA Y. GUERRA State Bar No. 24112407 /s/ Rafael De La Garza State Bar No. 24076343 DE LA GARZA LAW FIRM 4919 S. Jackson Rd. Edinburg, Texas 78539 Telephone: (956) 533-1426 Fax: (956) 284-0518 E-Mail: rdlglaw@gmail.com ATTORNEYS FOR PLAINTIFF H:\P\20-5631\Motions\06.21.2021 - Ps Rspns to Anti-SLAPP Mtn x.wpd Page 3 of 5 Electronically Filed 6/21/2021 6:05 PM Hidalgo County District Clerks Reviewed By: Alessandra Galvan Verification STATE OF TEXAS § COUNTY OF HIDALGO g BEFORE ME, the undersigned Notary Public, on this day personally appeared WILLIAM D. MOUNT, JR., Who being by me duly sworn 0n his oath deposed and said, that he is an attorney with the law firm of Dale & Klein, L.L.P., attomeys representing Plaintiff Christopher De Leon, d/b/a/ De Leon Aircraft Maintenance Professionals in the above-entitled and numbered cause, that he has read Plaintiff Christopher De Leon’s Verified Motion for Continuance to Respond t0 Defendant Russell Eugene Remy’s Motion to Dismiss Pursuant to Anti SLAPP Statute, and that every factual statement contained therein is within his personal knowledge and is true and correct. f. w/lflrJQ/V 00 \ . WILLIAM D. MOUNT, JR. SUBSCRIBED AND SWORN TO BEFORE ME on the 215T day ofJune, 2020, to certify Which witness my hand and official seal "a OLINDAOCHOAGUERRERO - (DI “M&OQW QWy/JZ/D . 21%;”; '-."» 4:5,” My Notarym125643744 NOtary Pubhc State Of Texas Expires Apn'I8. 2022 H:\P\20-563 1\M0ti0ns\06.21 .2021 - Ps Rspns to Anti-SLAPP Mtn.wpd Page 4 Of 5 Electronically Filed 6/21/2021 6:05 PM Hidalgo County District Clerks Reviewed By: Alessandra Galvan Certificate of Service I HEREBY CERTIFY that a true and correct copy of the foregoing document has been served on all counsel of record on June 21, 2021, by electronic delivery to wit: Rosemary Conrad-Sandoval ROERIG, OLIVEIRA & FISHER, LLP 10225 N. 10th St. McAllen, Texas 78504 Juan E. Gonzalez LAW OFFICE OF JUAN E. GONZALEZ 3110 E. Bus. Hwy. 83 Weslaco, Texas 78596 Bobby Garcia LAW OFFICE OF BOBBY GARCIA, PC P.O. Box 5729 McAllen, TX 78502 /s/ William Mount, Jr. WILLIAM D. MOUNT, JR. H:\P\20-5631\Motions\06.21.2021 - Ps Rspns to Anti-SLAPP Mtn x.wpd Page 5 of 5