Preview
Electronically Filed
5/28/2021 3:18 PM
Hidalgo County District Clerks
Reviewed By: Leslie Agado
CAUSE NO. C-2190-20-B
CHRISTOPHER DE LEON § IN THE DISTRICT COURT
d/b/a DE LEON 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
DEFENDANT RUSSELL EUGENE REMY’S MOTION TO CONSOLIDATE
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES RUSSELL EUGENE REMY, Defendant in the above styled and
numbered cause, and files this his DEFENDANT’S MOTION TO CONSOLIDATE, and
would respectfully show unto the Court as follows:
This case involves a lease at the airport in Weslaco.
Defendant allegedly provided information to the police, and so Plaintiff has sued for
defamation.
However, Plaintiff also sued this Defendant Cause No. C-1483-21-D, styled Christopher
De Leon v. Russell Eugene Remy, before the 206th District Court of Hidalgo County. Such
lawsuit contains the same allegations which are made against Defendant herein, i.e. statements
concerning the Weslaco airport lease.
This lawsuit was filed first, and accordingly Defendant seeks to consolidate the two cases
herein.
“[I]t has long been the policy of the courts and the legislature of this state to avoid a
multiplicity of lawsuits.” Fleming v. Ahumada, 193 S.W.3d 704, 714 (Tex. App.--Corpus Christi
Defendant Russell Eugene Remy’s Motion to Consolidate Page 1 of 4
Electronically Filed
5/28/2021 3:18 PM
Hidalgo County District Clerks
Reviewed By: Leslie Agado
2006, no pet.). One of the procedural tools to effectuate such policy is consolidation.
Consolidation avoids a multiplicity of suits, prevents duplication of evidence, precludes
unnecessary expense and delay, furthers convenience and efficiency, and streamlines the judicial
process Lara v. State, 513 S.W.3d 135, 144 (Tex. App.--Houston [14th Dist.] 2016, no p.d.r.);
Atascosa County Appraisal Dist. v. Tymrak, 815 S.W.2d 364, 369 (Tex. App.--San Antonio 1991),
aff’d, 858 S.W.2d 335 (Tex. 1993).
Furthermore, such consolidation can take multiple forms. For example, matters can be
consolidated for pre-trial purposes only, but tried separately Excel Corp. v. Valdez, 921 S.W.2d
444, 448 (Tex. App.--Corpus Christi 1996, writ denied). Indeed, the Texas Supreme Court has
“encouraged consolidation for pretrial purposes” In re U.S. Silica Co., 157 S.W.3d 434, 438 (Tex.
2005).
Consolidation in this matter would avoid a multiplicity of suits, prevent the duplication of
evidence, preclude unnecessary expense and delay, further convenience and efficiency, and
streamlines the judicial process. Specifically, consolidation would permit all lawsuits concerning
the Weslaco airport lease in question to be brought in one forum.
Such consolidation is not set in stone. For example, at time of trial, this Court can decide
how best to try this case.
Accordingly, Defendant requests that Cause No. C-1483-21-D be consolidated into this
lawsuit.
WHEREFORE, PREMISES CONSIDERED, RUSSELL EUGENE REMY, Defendant in
the above styled and numbered cause, respectfully prays that this matter be consolidated with C-
1483-21-D, and for all other and further relief, either at law or in equity, to which Defendant
shows himself justly entitled.
Defendant Russell Eugene Remy’s Motion to Consolidate Page 2 of 4
Electronically Filed
5/28/2021 3:18 PM
Hidalgo County District Clerks
Reviewed By: Leslie Agado
Respectfully submitted,
LAW OFFICE OF BOBBY GARCIA, P. C.
P. O. Box 5729
McAllen, Texas 78502
Telephone: (956) 668-7400
Telecopier: (956) 668-7500
By: _______________________________
BOBBY GARCIA
Texas State Bar No. 07645210
litigation@bobbygarcia.com
ATTORNEY FOR DEFENDANT
Defendant Russell Eugene Remy’s Motion to Consolidate Page 3 of 4
Electronically Filed
5/28/2021 3:18 PM
Hidalgo County District Clerks
Reviewed By: Leslie Agado
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing document has
been forwarded to all counsel of record in this cause on the 28th
day of May 2021, to-wit:
VIA E-SERVICE:
Rafael De La Garza
De La Garza Law Firm
49 S. Jackson Rd.
Edinburg, Texas 78539
Katie Pearson Klein
William D. Mount, Jr.
Sergio S. Garza
Dale Klein, L.L.P.
1100 E. Jasmine, Ste. 202
McAllen, Texas 78501
Juan E. Gonzalez
Law Office of Juan E. Gonzalez
3110 E. Bus. Hwy. 83
Weslaco, Texas 78596
Rosemary Conrad-Sandoval
Roerig, Oliveira Fisher, LLP
10225 N. 10th St.
McAllen, Texas 78504
_______________________________
BOBBY GARCIA
Defendant Russell Eugene Remy’s Motion to Consolidate Page 4 of 4
Preview
Electronically Filed 5/28/2021 3:18 PM Hidalgo County District Clerks Reviewed By: Leslie Agado CAUSE NO. C-2190-20-B CHRISTOPHER DE LEON § IN THE DISTRICT COURT d/b/a DE LEON 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 DEFENDANT RUSSELL EUGENE REMY’S MOTION TO CONSOLIDATE TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES RUSSELL EUGENE REMY, Defendant in the above styled and numbered cause, and files this his DEFENDANT’S MOTION TO CONSOLIDATE, and would respectfully show unto the Court as follows: This case involves a lease at the airport in Weslaco. Defendant allegedly provided information to the police, and so Plaintiff has sued for defamation. However, Plaintiff also sued this Defendant Cause No. C-1483-21-D, styled Christopher De Leon v. Russell Eugene Remy, before the 206th District Court of Hidalgo County. Such lawsuit contains the same allegations which are made against Defendant herein, i.e. statements concerning the Weslaco airport lease. This lawsuit was filed first, and accordingly Defendant seeks to consolidate the two cases herein. “[I]t has long been the policy of the courts and the legislature of this state to avoid a multiplicity of lawsuits.” Fleming v. Ahumada, 193 S.W.3d 704, 714 (Tex. App.--Corpus Christi Defendant Russell Eugene Remy’s Motion to Consolidate Page 1 of 4 Electronically Filed 5/28/2021 3:18 PM Hidalgo County District Clerks Reviewed By: Leslie Agado 2006, no pet.). One of the procedural tools to effectuate such policy is consolidation. Consolidation avoids a multiplicity of suits, prevents duplication of evidence, precludes unnecessary expense and delay, furthers convenience and efficiency, and streamlines the judicial process Lara v. State, 513 S.W.3d 135, 144 (Tex. App.--Houston [14th Dist.] 2016, no p.d.r.); Atascosa County Appraisal Dist. v. Tymrak, 815 S.W.2d 364, 369 (Tex. App.--San Antonio 1991), aff’d, 858 S.W.2d 335 (Tex. 1993). Furthermore, such consolidation can take multiple forms. For example, matters can be consolidated for pre-trial purposes only, but tried separately Excel Corp. v. Valdez, 921 S.W.2d 444, 448 (Tex. App.--Corpus Christi 1996, writ denied). Indeed, the Texas Supreme Court has “encouraged consolidation for pretrial purposes” In re U.S. Silica Co., 157 S.W.3d 434, 438 (Tex. 2005). Consolidation in this matter would avoid a multiplicity of suits, prevent the duplication of evidence, preclude unnecessary expense and delay, further convenience and efficiency, and streamlines the judicial process. Specifically, consolidation would permit all lawsuits concerning the Weslaco airport lease in question to be brought in one forum. Such consolidation is not set in stone. For example, at time of trial, this Court can decide how best to try this case. Accordingly, Defendant requests that Cause No. C-1483-21-D be consolidated into this lawsuit. WHEREFORE, PREMISES CONSIDERED, RUSSELL EUGENE REMY, Defendant in the above styled and numbered cause, respectfully prays that this matter be consolidated with C- 1483-21-D, and for all other and further relief, either at law or in equity, to which Defendant shows himself justly entitled. Defendant Russell Eugene Remy’s Motion to Consolidate Page 2 of 4 Electronically Filed 5/28/2021 3:18 PM Hidalgo County District Clerks Reviewed By: Leslie Agado Respectfully submitted, LAW OFFICE OF BOBBY GARCIA, P. C. P. O. Box 5729 McAllen, Texas 78502 Telephone: (956) 668-7400 Telecopier: (956) 668-7500 By: _______________________________ BOBBY GARCIA Texas State Bar No. 07645210 litigation@bobbygarcia.com ATTORNEY FOR DEFENDANT Defendant Russell Eugene Remy’s Motion to Consolidate Page 3 of 4 Electronically Filed 5/28/2021 3:18 PM Hidalgo County District Clerks Reviewed By: Leslie Agado CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing document has been forwarded to all counsel of record in this cause on the 28th day of May 2021, to-wit: VIA E-SERVICE: Rafael De La Garza De La Garza Law Firm 49 S. Jackson Rd. Edinburg, Texas 78539 Katie Pearson Klein William D. Mount, Jr. Sergio S. Garza Dale Klein, L.L.P. 1100 E. Jasmine, Ste. 202 McAllen, Texas 78501 Juan E. Gonzalez Law Office of Juan E. Gonzalez 3110 E. Bus. Hwy. 83 Weslaco, Texas 78596 Rosemary Conrad-Sandoval Roerig, Oliveira Fisher, LLP 10225 N. 10th St. McAllen, Texas 78504 _______________________________ BOBBY GARCIA Defendant Russell Eugene Remy’s Motion to Consolidate Page 4 of 4