Preview
Electronically Filed
6/29/2021 10:57 AM
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. § 206th Judicial District
§
Russell Eugene Remy, §
Defendant. § Hidalgo County, Texas
Plaintiff Christopher De Leon’s Verified Motion for Limited Discovery
and Continuance of Hearing Date on Defendant Eugene Russell Remy’s
Motion to Dismiss Pursuant to Texas Anti-SLAPP Statute
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW CHRISTOPHER DE LEON, Plaintiff in the above entitled and
numbered cause, and files this his Verified Motion for Limited Discovery and Continuance of
Hearing Date on Defendant RUSSELL EUGENE REMY’s Motion to Dismiss Pursuant to
Texas Anti-SLAPP Statute. In support thereof, Plaintiff shows as follows:
I.
Defendant RUSSELL EUGENE REMY filed, on May 28, 2021, a motion to dismiss
pursuant to the Texas Anti-SLAPP statute.1 A hearing on Defendant REMY’s motion to dismiss
is currently set to be heard on July 12, 2021. The matters at issue in the REMY’s motion to
dismiss Plaintiff’s claims pursuant to anti-SLAPP are, inter alia, Defendant REMY’S
defamatory statements concerning Plaintiff. Further, REMY has raised at least four affirmative
1
On the same date, Defendant RUSSELL EUGENE REMY also filed a Motion to
Dismiss and/or Abate Plaintiff’s claims. Plaintiff REMY is filing a response, along with this
Motion.
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Electronically Filed
6/29/2021 10:57 AM
Hidalgo County District Clerks
Reviewed By: Alessandra Galvan
defenses to Plaintiff’s defamation cause of action, including Plaintiff’s claims are barred, in
whole or in part, because Defendant’s statements were true, substantially true, and merely
statements of opinion, and Defendant’s statements are entitled to a qualified privilege. REMY’s
statements are, thus, central to the determination of the motion, and his testimony is relevant and
helpful in the determination of the REMY’s Anti-SLAPP Motion to Dismiss.
For this reason, Plaintiff DE LEON requests that the Court order limited discovery so
that Plaintiff may take REMY’s deposition prior to a hearing on Defendant REMY’s Motion to
Dismiss Pursuant to Anti-SLAPP. Further, in order to allow the parties time to schedule and take
the said deposition, and for Plaintiff DE LEON to respond to the motion, Plaintiff also requests
that the Court continue the July 12, 2021 hearing on REMY’s Anti-SLAPP Motion to Dismiss to
a date subsequent to the completion of the aforementioned deposition. This continuance is not
sought for delay only, but so that justice may be done.
II.
The pertinent law allows the type of discovery requested by Plaintiff herein. Section
27.006(b) states: “On a motion by a party or on the court’s own motion and on a showing of good
cause, the court may allow specified and limited discovery relevant to the motion.” Tex. Civ.
Prac. & Rem. Code § 27.006. The purpose of this statute is to allow a non-movant, such as
Plaintiff herein, to conduct limited discovery on the Anti-SLAPP motion to dismiss. See In re
Great Lakes Ins. SE, No. 13-19-00577-CV, 2019 Tex. App. LEXIS 10865, at *18-19 (Tex.
App.–Corpus Christi Dec. 16, 2019) (“Various courts of appeals . . . have held that discovery is
relevant to the motion to dismiss if it seeks information related to the allegations asserted in the
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Electronically Filed
6/29/2021 10:57 AM
Hidalgo County District Clerks
Reviewed By: Alessandra Galvan
motion to dismiss, and some merits-based discovery may also be relevant to the extent that it
seeks information to assist the non-movant to meet its burden to present a prima facie case for
each element of the non-movant's claims to defeat the motion to dismiss.”). Good cause exists to
allow the discovery sought by Plaintiff DE LEON because such discovery is limited to
Defendant REMY’s deposition, which will assist Plaintiff DE LEON to meet his burden to
present a prima facie case for each element of his claim and will assist the Court in deciding
Defendant REMY’s motion to dismiss.
III.
WHEREFORE, PREMISES CONSIDERED, Plaintiff CHRISTOPHER DE LEON
respectfully requests that the Court grant this Motion as requested herein and order Defendant
RUSSELL EUGENE REMY to sit for a deposition in this cause and continue the July 12,
2021, hearing on Defendant REMY’s Motion to Dismiss Pursuant to Texas Anti-SLAPP Statute
on Plaintiff’s Claims until after REMY’s deposition is completed. Plaintiff prays for such other
and further relief to which he may be justly entitled.
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Electronically Filed
6/29/2021 10:57 AM
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
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
ATTORNEYS FOR PLAINTIFF
Certificate of Service
I HEREBY CERTIFY that a true copy of the above and foregoing document was served
on all counsel of record on June 29, 2021 by electronic delivery, to wit:
Bobby Garcia
LAW OFFICE OF BOBBY GARCIA, PC
P.O. Box 5729
McAllen, TX 78502
/s/ William D. Mount, Jr.
WILLIAM D. MOUNT, JR.
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Electronically Filed
6/29/2021 10:57 AM
Hidalgo County District Clerks
Reviewed By: Alessandra Galvan
Verification
STATE OF TEXAS §
§
COUNTY OF HIDALGO §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
WILLIAM D. MOUNT, JR, who being by me duly sworn on his oath deposed and said that he
has read the above and foregoing Verified Motion for Limited Discovery and Continuance of
Hearing Date on Defendant Eugene Russell Remy’s Motion to Dismiss Pursuant to Texas Anti-
SLAPP Statute and that every statement contained therein is within his personal knowledge and
is true and correct.
(Ax Waw- £0-
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WILLIAM D MOUNT, JR.
SUBSCRIBED AND SWORN TO '
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which witness my hand and official seal. [I
fiblié in and for
nalgo County, Texas
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Preview
Electronically Filed 6/29/2021 10:57 AM 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. § 206th Judicial District § Russell Eugene Remy, § Defendant. § Hidalgo County, Texas Plaintiff Christopher De Leon’s Verified Motion for Limited Discovery and Continuance of Hearing Date on Defendant Eugene Russell Remy’s Motion to Dismiss Pursuant to Texas Anti-SLAPP Statute TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW CHRISTOPHER DE LEON, Plaintiff in the above entitled and numbered cause, and files this his Verified Motion for Limited Discovery and Continuance of Hearing Date on Defendant RUSSELL EUGENE REMY’s Motion to Dismiss Pursuant to Texas Anti-SLAPP Statute. In support thereof, Plaintiff shows as follows: I. Defendant RUSSELL EUGENE REMY filed, on May 28, 2021, a motion to dismiss pursuant to the Texas Anti-SLAPP statute.1 A hearing on Defendant REMY’s motion to dismiss is currently set to be heard on July 12, 2021. The matters at issue in the REMY’s motion to dismiss Plaintiff’s claims pursuant to anti-SLAPP are, inter alia, Defendant REMY’S defamatory statements concerning Plaintiff. Further, REMY has raised at least four affirmative 1 On the same date, Defendant RUSSELL EUGENE REMY also filed a Motion to Dismiss and/or Abate Plaintiff’s claims. Plaintiff REMY is filing a response, along with this Motion. H:\P\20-5631\Defamation Suit-REMY\Motions\6.29.2021 - P's Mtn for Lmtd Discvry and Continuance of Hrng.wpd Page 1 of 4 Electronically Filed 6/29/2021 10:57 AM Hidalgo County District Clerks Reviewed By: Alessandra Galvan defenses to Plaintiff’s defamation cause of action, including Plaintiff’s claims are barred, in whole or in part, because Defendant’s statements were true, substantially true, and merely statements of opinion, and Defendant’s statements are entitled to a qualified privilege. REMY’s statements are, thus, central to the determination of the motion, and his testimony is relevant and helpful in the determination of the REMY’s Anti-SLAPP Motion to Dismiss. For this reason, Plaintiff DE LEON requests that the Court order limited discovery so that Plaintiff may take REMY’s deposition prior to a hearing on Defendant REMY’s Motion to Dismiss Pursuant to Anti-SLAPP. Further, in order to allow the parties time to schedule and take the said deposition, and for Plaintiff DE LEON to respond to the motion, Plaintiff also requests that the Court continue the July 12, 2021 hearing on REMY’s Anti-SLAPP Motion to Dismiss to a date subsequent to the completion of the aforementioned deposition. This continuance is not sought for delay only, but so that justice may be done. II. The pertinent law allows the type of discovery requested by Plaintiff herein. Section 27.006(b) states: “On a motion by a party or on the court’s own motion and on a showing of good cause, the court may allow specified and limited discovery relevant to the motion.” Tex. Civ. Prac. & Rem. Code § 27.006. The purpose of this statute is to allow a non-movant, such as Plaintiff herein, to conduct limited discovery on the Anti-SLAPP motion to dismiss. See In re Great Lakes Ins. SE, No. 13-19-00577-CV, 2019 Tex. App. LEXIS 10865, at *18-19 (Tex. App.–Corpus Christi Dec. 16, 2019) (“Various courts of appeals . . . have held that discovery is relevant to the motion to dismiss if it seeks information related to the allegations asserted in the H:\P\20-5631\Defamation Suit-REMY\Motions\6.29.2021 - P's Mtn for Lmtd Discvry and Continuance of Hrng.wpd Page 2 of 4 Electronically Filed 6/29/2021 10:57 AM Hidalgo County District Clerks Reviewed By: Alessandra Galvan motion to dismiss, and some merits-based discovery may also be relevant to the extent that it seeks information to assist the non-movant to meet its burden to present a prima facie case for each element of the non-movant's claims to defeat the motion to dismiss.”). Good cause exists to allow the discovery sought by Plaintiff DE LEON because such discovery is limited to Defendant REMY’s deposition, which will assist Plaintiff DE LEON to meet his burden to present a prima facie case for each element of his claim and will assist the Court in deciding Defendant REMY’s motion to dismiss. III. WHEREFORE, PREMISES CONSIDERED, Plaintiff CHRISTOPHER DE LEON respectfully requests that the Court grant this Motion as requested herein and order Defendant RUSSELL EUGENE REMY to sit for a deposition in this cause and continue the July 12, 2021, hearing on Defendant REMY’s Motion to Dismiss Pursuant to Texas Anti-SLAPP Statute on Plaintiff’s Claims until after REMY’s deposition is completed. Plaintiff prays for such other and further relief to which he may be justly entitled. H:\P\20-5631\Defamation Suit-REMY\Motions\6.29.2021 - P's Mtn for Lmtd Discvry and Continuance of Hrng.wpd Page 3 of 4 Electronically Filed 6/29/2021 10:57 AM 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 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 ATTORNEYS FOR PLAINTIFF Certificate of Service I HEREBY CERTIFY that a true copy of the above and foregoing document was served on all counsel of record on June 29, 2021 by electronic delivery, to wit: Bobby Garcia LAW OFFICE OF BOBBY GARCIA, PC P.O. Box 5729 McAllen, TX 78502 /s/ William D. Mount, Jr. WILLIAM D. MOUNT, JR. H:\P\20-5631\Defamation Suit-REMY\Motions\6.29.2021 - P's Mtn for Lmtd Discvry and Continuance of Hrng.wpd Page 4 of 4 Electronically Filed 6/29/2021 10:57 AM Hidalgo County District Clerks Reviewed By: Alessandra Galvan Verification STATE OF TEXAS § § COUNTY OF HIDALGO § BEFORE ME, the undersigned Notary Public, on this day personally appeared WILLIAM D. MOUNT, JR, who being by me duly sworn on his oath deposed and said that he has read the above and foregoing Verified Motion for Limited Discovery and Continuance of Hearing Date on Defendant Eugene Russell Remy’s Motion to Dismiss Pursuant to Texas Anti- SLAPP Statute and that every statement contained therein is within his personal knowledge and is true and correct. (Ax Waw- £0- ( WILLIAM D MOUNT, JR. SUBSCRIBED AND SWORN TO ' L v" : th Ii which witness my hand and official seal. [I fiblié in and for nalgo County, Texas MyNotaxyuomszszeos Ex” mMgust15.2oz1 2/} h, . Comnussmn Explres: . .