On March 23, 2022 a
Motion,Ex Parte
was filed
involving a dispute between
Remedy Roofing, Inc.,
and
Perez, Javier,
for All Other Civil Cases (OCA)
in the District Court of Hidalgo County.
Preview
Electronically Filed
9/12/2023 5:37 PM
Hidalgo County District Clerks
Reviewed By: Alfonso Esparza
CAUSE NO. C-1052-22-A
REMEDY ROOFING, INC. § IN THE DISTRICT COURT
Plaintiff, §
§
v. § 92ND JUDICIAL DISTRICT
§
JAVIER PEREZ §
Defendant. § HIDALGO COUNTY, TEXAS
REMEDY ROOFING, INC.’S MOTION TO STRIKE DEFENDANT’S
MOTION FOR NO-EVIDENCE SUMMARY JUDGMENT
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Plaintiff Remedy Roofing, Inc. (“Plaintiff” or “Remedy”) in the above-
numbered and styled cause, and files this its Motion to Strike Defendant Javier Perez’s Motion for
No-Evidence Summary Judgment, subject to Remedy’s Motion to Compel Arbitration, and as
grounds thereof, would respectfully show the Court as follows:
ARGUMENT AND AUTHORITIES
1. Pursuant to this Court’s Docket Control Order for Cause No. C-1052-22-A,
dispositive motions and pleas “must be heard by oral hearing or submission” by no later than
September 19, 2023.
2. Defendant filed his Motion for No-Evidence Summary Judgment on September 9,
2023.
3. Under Tex. R. Civ. P. 166a(c), motions for summary judgment must be filed at least
twenty-one days before the time specified for hearing. Thus, Defendant's motion was untimely.
4. Defendant’s untimely filing has prejudiced Plaintiff as it has not given Plaintiff the
proper opportunity to respond and present arguments against the Motion for Summary Judgment
in accordance with the Texas Rules of Civil Procedure and the procedures of this Court.
1
Electronically Filed
9/12/2023 5:37 PM
Hidalgo County District Clerks
Reviewed By: Alfonso Esparza
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff Remedy Roofing, Inc. respectfully
requests that this Court grant this Motion to Strike Defendant Javier Perez’s Motion for No-
Evidence Summary Judgment due to its untimeliness and for such other and further relief to which
Plaintiff may be justly entitled.
Respectfully submitted,
WEST MERMIS, PLLC
By: /s/ Joshua W. Mermis
Joshua W. Mermis
State Bar No. 24039055
Sydney E. Koby
State Bar No. 24126103
1301 McKinney, Suite 3120
Houston, Texas 77010
(713) 255-3550 - Telephone
(713) 255-3551 – Facsimile
jmermis@westmermis.com
skoby@westmermis.com
ATTORNEYS FOR PLAINTIFF
REMEDY ROOFING, INC.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing instrument has been
served upon the following in accordance with the Texas Rules of Civil Procedure on this 12th day
of September 2023.
Larry Moreno
LARRY MORENO P.C.
P.O. Box 839
Helotes, Texas 78023
Tel: (210) 265-7216
E-mail: AttorneyMoreno@protonmail.com
ATTORNEY FOR JAVIER PEREZ
/s/ Joshua W. Mermis
Joshua W. Mermis
2
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.
Filing At West Mermis on behalf of Joshua Mermis
Bar No. 24039055
efiling@westmermis.com
Envelope ID: 79479774
Filing Code Description: Answer/Response
Filing Description: REMEDYS RESPONSE TO MOTION TO DECLARE
LIEN ON HOMESTEAD INVALID, SUBJECT TO MOTION TO COMPEL
ARBITRATION
Status as of 9/13/2023 10:04 AM CST
Associated Case Party: Javier Perez
Name BarNumber Email TimestampSubmitted Status
Larry Moreno AttorneyMoreno@protonmail.com 9/12/2023 5:37:32 PM SENT
Associated Case Party: Remedy Roofing, Inc.
Name BarNumber Email TimestampSubmitted Status
Joshua Mermis jmermis@westmermis.com 9/12/2023 5:37:32 PM SENT
Lynette Samolinski efiling@westmermis.com 9/12/2023 5:37:32 PM SENT
Sydney Koby skoby@westmermis.com 9/12/2023 5:37:32 PM SENT
Victoria Martinez vmartinez@westmermis.com 9/12/2023 5:37:32 PM SENT
Stephen Dwyer sdwyer@westmermis.com 9/12/2023 5:37:32 PM SENT
Document Filed Date
September 12, 2023
Case Filing Date
March 23, 2022
Category
All Other Civil Cases (OCA)
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Preview
Electronically Filed 9/12/2023 5:37 PM Hidalgo County District Clerks Reviewed By: Alfonso Esparza CAUSE NO. C-1052-22-A REMEDY ROOFING, INC. § IN THE DISTRICT COURT Plaintiff, § § v. § 92ND JUDICIAL DISTRICT § JAVIER PEREZ § Defendant. § HIDALGO COUNTY, TEXAS REMEDY ROOFING, INC.’S MOTION TO STRIKE DEFENDANT’S MOTION FOR NO-EVIDENCE SUMMARY JUDGMENT TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Plaintiff Remedy Roofing, Inc. (“Plaintiff” or “Remedy”) in the above- numbered and styled cause, and files this its Motion to Strike Defendant Javier Perez’s Motion for No-Evidence Summary Judgment, subject to Remedy’s Motion to Compel Arbitration, and as grounds thereof, would respectfully show the Court as follows: ARGUMENT AND AUTHORITIES 1. Pursuant to this Court’s Docket Control Order for Cause No. C-1052-22-A, dispositive motions and pleas “must be heard by oral hearing or submission” by no later than September 19, 2023. 2. Defendant filed his Motion for No-Evidence Summary Judgment on September 9, 2023. 3. Under Tex. R. Civ. P. 166a(c), motions for summary judgment must be filed at least twenty-one days before the time specified for hearing. Thus, Defendant's motion was untimely. 4. Defendant’s untimely filing has prejudiced Plaintiff as it has not given Plaintiff the proper opportunity to respond and present arguments against the Motion for Summary Judgment in accordance with the Texas Rules of Civil Procedure and the procedures of this Court. 1 Electronically Filed 9/12/2023 5:37 PM Hidalgo County District Clerks Reviewed By: Alfonso Esparza PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff Remedy Roofing, Inc. respectfully requests that this Court grant this Motion to Strike Defendant Javier Perez’s Motion for No- Evidence Summary Judgment due to its untimeliness and for such other and further relief to which Plaintiff may be justly entitled. Respectfully submitted, WEST MERMIS, PLLC By: /s/ Joshua W. Mermis Joshua W. Mermis State Bar No. 24039055 Sydney E. Koby State Bar No. 24126103 1301 McKinney, Suite 3120 Houston, Texas 77010 (713) 255-3550 - Telephone (713) 255-3551 – Facsimile jmermis@westmermis.com skoby@westmermis.com ATTORNEYS FOR PLAINTIFF REMEDY ROOFING, INC. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing instrument has been served upon the following in accordance with the Texas Rules of Civil Procedure on this 12th day of September 2023. Larry Moreno LARRY MORENO P.C. P.O. Box 839 Helotes, Texas 78023 Tel: (210) 265-7216 E-mail: AttorneyMoreno@protonmail.com ATTORNEY FOR JAVIER PEREZ /s/ Joshua W. Mermis Joshua W. Mermis 2 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. Filing At West Mermis on behalf of Joshua Mermis Bar No. 24039055 efiling@westmermis.com Envelope ID: 79479774 Filing Code Description: Answer/Response Filing Description: REMEDYS RESPONSE TO MOTION TO DECLARE LIEN ON HOMESTEAD INVALID, SUBJECT TO MOTION TO COMPEL ARBITRATION Status as of 9/13/2023 10:04 AM CST Associated Case Party: Javier Perez Name BarNumber Email TimestampSubmitted Status Larry Moreno AttorneyMoreno@protonmail.com 9/12/2023 5:37:32 PM SENT Associated Case Party: Remedy Roofing, Inc. Name BarNumber Email TimestampSubmitted Status Joshua Mermis jmermis@westmermis.com 9/12/2023 5:37:32 PM SENT Lynette Samolinski efiling@westmermis.com 9/12/2023 5:37:32 PM SENT Sydney Koby skoby@westmermis.com 9/12/2023 5:37:32 PM SENT Victoria Martinez vmartinez@westmermis.com 9/12/2023 5:37:32 PM SENT Stephen Dwyer sdwyer@westmermis.com 9/12/2023 5:37:32 PM SENT