On May 26, 2020 a
Hearing
was filed
involving a dispute between
Dietz, Chad,
and
Bold Stroke Studios,
Segura, Josue,
Velazquez, Antonio,
for MOTOR VEHICLE ACCIDENT
in the District Court of Dallas County.
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HLED
3/26/2021 2:20 PM
FELICIA PITRE
DBTWCTCLERK
DALLAS CO., TEXAS
Miranda Lynch DEPUTY
CAUSE NO. DC-20-07281
CHAD DIETZ § IN THE DISRICT COURT
Plaintif §
§
V. § 134th JUDICIAL DISTRICT
§
JOSUE SEGURA AND BOLD STROKE §
STUDIOS §
§
Defendants. § DALLAS COUNTY, TEXAS
DEEFENDANTS’ AIVIENDED OBJECTION TO DEFENDANT’S SUMMARY
JUDGMENT EVIDENCE
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Josue Segura and Bold Stroke Studios, and les this, their Objections to
Plaintiff’s Summary Judgment Evidence, and respectfully shows the Court the following:
I. OBJECTIONS TO EVIDENCE
Defendants object to and respectfully requests that this Court strike the following
evidence found in Plaintiff’s appendix to its Response to Defendant’s Motion for Summary
Judgment:
A. Exhibit D (a diagnostic test of an Elise Longley) is inadmissible because they have
not been authenticated under Tex. R. Evid. 901 or 902.
B. Exhibits C and E are Plaintiffs Medical Records. Said documents are inadmissible to
show proximate cause. Haygood v. De Escobedo, 365 S.W.3d 390, 397 (Tex. 201 l).
Hills v. Donis, No. 14-18-00566-CV, 2020 WL 206187, at *1 (Tex. App—Houston
[14th Dist.] Jan. 14, 2020, no pet. h.); Gunn v. McCoy, 489 S.W.3d 75, 102 (Tex.
App—Houston [14th Dist.] 2016, affd, 554 S.W.3d 645 (Tex. 2018).
Page—1
Obejctions to Summary Judgment Evidence.
II. PRAYER
For the foregoing reasons, Defendants respectfully request this Court to strike the above
named exhibits submitted by Plaintiff in response to Defendants’ Motion for No-EVidence
Summary Judgment.
Respectfully Submitted,
/s/ Sergio E. Aleman
Sergio
State Bar No. 24027275
ALEMAN LAW FIRM, P.C.
4054 McKinney Ave., Ste. 3 1 0
Dallas, Texas 75204
(214) 373-7774 (Telephone)
(214) 764-4035 (Facsimile)
sergio@sergioealeman.com
ATTORNEY FOR DEFENDANTS
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing document was served, pursuant to Rule 21a
of the Texas Rules of Civil Procedure, on all counsel of record, on the 26th day of March, 2021.
/s/ Sergio E. Aleman
Sergio E. Aleman
Page—2
Obejctions to Summary Judgment Evidence.
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.
Sergio Aleman on behalf of Sergio Aleman
Bar No. 24027275
sergio@sergioealeman.com
Envelope ID: 51879892
Status as of 3/26/2021 2:28 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Sergio EAleman sergio@sergioealeman.com 3/26/2021 2:20:50 PM SENT
Francine Ly y@dal|ascourts.org 3/26/2021 2:20:50 PM SENT
Pete Weise pete@sergioealeman.com 3/26/2021 2:20:50 PM SENT
Associated Case Party: CHAD DIETZ
Name BarNumber Email TimestampSubmitted Status
Rocio GosewehrHernandez Rocio@SnellingslnjuryLaw.com 3/26/2021 2:20:50 PM SENT
Snellings SeNice Service@Snellingsinjurylaw.com 3/26/2021 2:20:50 PM SENT
Katy Strandlien katy@snellingsinjurylaw.com 3/26/2021 2:20:50 PM SENT
Document Filed Date
March 31, 2021
Case Filing Date
May 26, 2020
Category
MOTOR VEHICLE ACCIDENT
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HLED 3/26/2021 2:20 PM FELICIA PITRE DBTWCTCLERK DALLAS CO., TEXAS Miranda Lynch DEPUTY CAUSE NO. DC-20-07281 CHAD DIETZ § IN THE DISRICT COURT Plaintif § § V. § 134th JUDICIAL DISTRICT § JOSUE SEGURA AND BOLD STROKE § STUDIOS § § Defendants. § DALLAS COUNTY, TEXAS DEEFENDANTS’ AIVIENDED OBJECTION TO DEFENDANT’S SUMMARY JUDGMENT EVIDENCE TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Josue Segura and Bold Stroke Studios, and les this, their Objections to Plaintiff’s Summary Judgment Evidence, and respectfully shows the Court the following: I. OBJECTIONS TO EVIDENCE Defendants object to and respectfully requests that this Court strike the following evidence found in Plaintiff’s appendix to its Response to Defendant’s Motion for Summary Judgment: A. Exhibit D (a diagnostic test of an Elise Longley) is inadmissible because they have not been authenticated under Tex. R. Evid. 901 or 902. B. Exhibits C and E are Plaintiffs Medical Records. Said documents are inadmissible to show proximate cause. Haygood v. De Escobedo, 365 S.W.3d 390, 397 (Tex. 201 l). Hills v. Donis, No. 14-18-00566-CV, 2020 WL 206187, at *1 (Tex. App—Houston [14th Dist.] Jan. 14, 2020, no pet. h.); Gunn v. McCoy, 489 S.W.3d 75, 102 (Tex. App—Houston [14th Dist.] 2016, affd, 554 S.W.3d 645 (Tex. 2018). Page—1 Obejctions to Summary Judgment Evidence. II. PRAYER For the foregoing reasons, Defendants respectfully request this Court to strike the above named exhibits submitted by Plaintiff in response to Defendants’ Motion for No-EVidence Summary Judgment. Respectfully Submitted, /s/ Sergio E. Aleman Sergio State Bar No. 24027275 ALEMAN LAW FIRM, P.C. 4054 McKinney Ave., Ste. 3 1 0 Dallas, Texas 75204 (214) 373-7774 (Telephone) (214) 764-4035 (Facsimile) sergio@sergioealeman.com ATTORNEY FOR DEFENDANTS CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document was served, pursuant to Rule 21a of the Texas Rules of Civil Procedure, on all counsel of record, on the 26th day of March, 2021. /s/ Sergio E. Aleman Sergio E. Aleman Page—2 Obejctions to Summary Judgment Evidence. 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. Sergio Aleman on behalf of Sergio Aleman Bar No. 24027275 sergio@sergioealeman.com Envelope ID: 51879892 Status as of 3/26/2021 2:28 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Sergio EAleman sergio@sergioealeman.com 3/26/2021 2:20:50 PM SENT Francine Ly y@dal|ascourts.org 3/26/2021 2:20:50 PM SENT Pete Weise pete@sergioealeman.com 3/26/2021 2:20:50 PM SENT Associated Case Party: CHAD DIETZ Name BarNumber Email TimestampSubmitted Status Rocio GosewehrHernandez Rocio@SnellingslnjuryLaw.com 3/26/2021 2:20:50 PM SENT Snellings SeNice Service@Snellingsinjurylaw.com 3/26/2021 2:20:50 PM SENT Katy Strandlien katy@snellingsinjurylaw.com 3/26/2021 2:20:50 PM SENT