On March 22, 2022 a
Motion,Ex Parte
was filed
involving a dispute between
Hernandez, Adriana,
Hernandez, Jose,
and
Allstate Texas Lloyd'S,
for Contract - Consumer/Commercial/Debt (OCA)
in the District Court of Hidalgo County.
Preview
Electronically Submitted
10/5/2023 3:57 PM
Hidalgo County Clerk
Accepted by: Alexis Medina
CAUSE NO. CL-22-0915-J
JOSE & ADRIANA ✶ IN THE COUNTY COURT
HERNANDEZ ✶
✶ AT LAW NO. 10
VS. ✶
✶
ALLSTATE TEXAS LLOYDS ✶ HIDALGO COUNTY, TEXAS
DEFENDANT’S MOTION TO ENFORCE SETTLEMENT AND FOR SANCTIONS
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Defendant, ALLSTATE TEXAS LLOYDS, Defendant in the above
styled and numbered cause, and files this Motion to Enforce and for Sanctions, and in support
thereof would respectfully show this Court as follows:
I.
This lawsuit arises out of a first-party insurance dispute between the above-referenced
insured and Allstate Vehicle and Property Insurance Company. The original claim was reported
on July 30, 2021. The insured was contacted that same day and the home was then promptly
inspected on August 9, 2021. In spite of a diligent and thorough investigation, the Plaintiffs filed
their Original Petition on March 22, 2022, alleging violations of the Texas Insurance Code and
DTPA.
On May 2, 2023, both parties attended mediation and the case settled. Both parties signed
the mediated settlement agreement and subsequently, Defendant forwarded settlement and
dismissal documents to Plaintiff’s counsel for execution on May 5, 2023.
Page 1 of 3
Electronically Submitted
10/5/2023 3:57 PM
Hidalgo County Clerk
Accepted by: Alexis Medina
Plaintiff’s counsel returned the executed release and settlement agreement on June 23,
20231. Defense counsel issued the settlement check on June 26, 2023, and the checks were
delivered on June 28, 2023. Subsequently, Defendant sent follow up requests for the executed
dismissal documents in July, August, and September 2023, as well as several phone calls, to no
avail. To date, Plaintiff has not responded or returned the executed dismissal documents2.
Accordingly, Defendant files this Motion to Enforce the Settlement and request Court
intervention to have Plaintiff’s counsel execute the settlement dismissal documents to bring this
matter to a conclusion.
II.
Additionally, Defendant seeks sanctions for attorneys and costs incurred in preparing and
arguing this Motion.
WHEREFORE PREMISES CONSIDERED, Defendant files this Motion To Enforce the
Settlement and request that Plaintiff be ordered to execute the dismissal documents within ten (10)
days and that sanctions in the amount of Five Hundred Dollars and No Cents ($500.00) be awarded
against Plaintiff for the failure to cooperate and bring this case to a conclusion. Defendant prays
further for equity and relief.
[signature block on next page]
1
Plaintiff’s counsel returned the release with proposed changes on May 22, 2023 and Defendant forwarded the revised
settlement document on May 25, 2023. Please see Exhibit A.
2
A true and correct copy of the emails attached hereto and incorporated herein as Exhibit “A.”
Page 2 of 3
Electronically Submitted
10/5/2023 3:57 PM
Hidalgo County Clerk
Accepted by: Alexis Medina
Respectfully submitted,
ROERIG, OLIVEIRA & FISHER, L.L.P.
10225 North 10th Street
McAllen, Texas 78504
Telephone: (956) 393-6300
Telecopier: (956) 386-1625
By: __/s/ Cyndi Y. Cantu 2
Rosemary Conrad Sandoval
State Bar No. 04709300
rsandoval@rofllp.com
Cyndi Y. Cantu
Texas State Bar #24057793
ccantu@rofllp.com
ATTORNEYS FOR DEFENDANT
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that a true and correct copy of the foregoing has been
forwarded on this the 5th day of October 2023 as follows:
Via E-Service & Email
Douglas E. Pennebaker
PENNEBAKER LAW FIRM
4103 Parkdale St.
San Antonio, Texas 78229
Michael R. De Leon
LAW OFFICES OF MICHAEL R. DE LEON, PLLC
3613 W. Alberta Road
Edinburg, Texas 78539
/s/ Cyndi Y. Cantu 2
CYNDI Y. CANTU
Page 3 of 3
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.
Erika Aguirre on behalf of Cyndi Cantu
Bar No. 24057793
erikaa@rofllp.com
Envelope ID: 80300990
Filing Code Description: Motion (No Fee)
Filing Description: Defendant's Motion to Enforce Settlement and for
Sanctions
Status as of 10/5/2023 4:23 PM CST
Associated Case Party: Allstate Texas Lloyd's
Name BarNumber Email TimestampSubmitted Status
Rosemary Conrad-Sandoval rsandoval@rofllp.com 10/5/2023 3:57:37 PM SENT
Cyndi Cantu ccantu@rofllp.com 10/5/2023 3:57:37 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Douglas E.Pennebaker Doug@pennebakerlaw.com 10/5/2023 3:57:37 PM SENT
Delicia Elizalde delizalde.texashail@gmail.com 10/5/2023 3:57:37 PM SENT
Eric Quiroz eric@pennebakerlaw.com 10/5/2023 3:57:37 PM SENT
Michael DeLeon mrdlawfirm@yahoo.com 10/5/2023 3:57:37 PM SENT
Erika Aguirre erikaa@rofllp.com 10/5/2023 3:57:37 PM SENT
Document Filed Date
October 05, 2023
Case Filing Date
March 22, 2022
Category
Contract - Consumer/Commercial/Debt (OCA)
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Preview
Electronically Submitted 10/5/2023 3:57 PM Hidalgo County Clerk Accepted by: Alexis Medina CAUSE NO. CL-22-0915-J JOSE & ADRIANA ✶ IN THE COUNTY COURT HERNANDEZ ✶ ✶ AT LAW NO. 10 VS. ✶ ✶ ALLSTATE TEXAS LLOYDS ✶ HIDALGO COUNTY, TEXAS DEFENDANT’S MOTION TO ENFORCE SETTLEMENT AND FOR SANCTIONS TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Defendant, ALLSTATE TEXAS LLOYDS, Defendant in the above styled and numbered cause, and files this Motion to Enforce and for Sanctions, and in support thereof would respectfully show this Court as follows: I. This lawsuit arises out of a first-party insurance dispute between the above-referenced insured and Allstate Vehicle and Property Insurance Company. The original claim was reported on July 30, 2021. The insured was contacted that same day and the home was then promptly inspected on August 9, 2021. In spite of a diligent and thorough investigation, the Plaintiffs filed their Original Petition on March 22, 2022, alleging violations of the Texas Insurance Code and DTPA. On May 2, 2023, both parties attended mediation and the case settled. Both parties signed the mediated settlement agreement and subsequently, Defendant forwarded settlement and dismissal documents to Plaintiff’s counsel for execution on May 5, 2023. Page 1 of 3 Electronically Submitted 10/5/2023 3:57 PM Hidalgo County Clerk Accepted by: Alexis Medina Plaintiff’s counsel returned the executed release and settlement agreement on June 23, 20231. Defense counsel issued the settlement check on June 26, 2023, and the checks were delivered on June 28, 2023. Subsequently, Defendant sent follow up requests for the executed dismissal documents in July, August, and September 2023, as well as several phone calls, to no avail. To date, Plaintiff has not responded or returned the executed dismissal documents2. Accordingly, Defendant files this Motion to Enforce the Settlement and request Court intervention to have Plaintiff’s counsel execute the settlement dismissal documents to bring this matter to a conclusion. II. Additionally, Defendant seeks sanctions for attorneys and costs incurred in preparing and arguing this Motion. WHEREFORE PREMISES CONSIDERED, Defendant files this Motion To Enforce the Settlement and request that Plaintiff be ordered to execute the dismissal documents within ten (10) days and that sanctions in the amount of Five Hundred Dollars and No Cents ($500.00) be awarded against Plaintiff for the failure to cooperate and bring this case to a conclusion. Defendant prays further for equity and relief. [signature block on next page] 1 Plaintiff’s counsel returned the release with proposed changes on May 22, 2023 and Defendant forwarded the revised settlement document on May 25, 2023. Please see Exhibit A. 2 A true and correct copy of the emails attached hereto and incorporated herein as Exhibit “A.” Page 2 of 3 Electronically Submitted 10/5/2023 3:57 PM Hidalgo County Clerk Accepted by: Alexis Medina Respectfully submitted, ROERIG, OLIVEIRA & FISHER, L.L.P. 10225 North 10th Street McAllen, Texas 78504 Telephone: (956) 393-6300 Telecopier: (956) 386-1625 By: __/s/ Cyndi Y. Cantu 2 Rosemary Conrad Sandoval State Bar No. 04709300 rsandoval@rofllp.com Cyndi Y. Cantu Texas State Bar #24057793 ccantu@rofllp.com ATTORNEYS FOR DEFENDANT CERTIFICATE OF SERVICE I, the undersigned, hereby certify that a true and correct copy of the foregoing has been forwarded on this the 5th day of October 2023 as follows: Via E-Service & Email Douglas E. Pennebaker PENNEBAKER LAW FIRM 4103 Parkdale St. San Antonio, Texas 78229 Michael R. De Leon LAW OFFICES OF MICHAEL R. DE LEON, PLLC 3613 W. Alberta Road Edinburg, Texas 78539 /s/ Cyndi Y. Cantu 2 CYNDI Y. CANTU Page 3 of 3 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. Erika Aguirre on behalf of Cyndi Cantu Bar No. 24057793 erikaa@rofllp.com Envelope ID: 80300990 Filing Code Description: Motion (No Fee) Filing Description: Defendant's Motion to Enforce Settlement and for Sanctions Status as of 10/5/2023 4:23 PM CST Associated Case Party: Allstate Texas Lloyd's Name BarNumber Email TimestampSubmitted Status Rosemary Conrad-Sandoval rsandoval@rofllp.com 10/5/2023 3:57:37 PM SENT Cyndi Cantu ccantu@rofllp.com 10/5/2023 3:57:37 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Douglas E.Pennebaker Doug@pennebakerlaw.com 10/5/2023 3:57:37 PM SENT Delicia Elizalde delizalde.texashail@gmail.com 10/5/2023 3:57:37 PM SENT Eric Quiroz eric@pennebakerlaw.com 10/5/2023 3:57:37 PM SENT Michael DeLeon mrdlawfirm@yahoo.com 10/5/2023 3:57:37 PM SENT Erika Aguirre erikaa@rofllp.com 10/5/2023 3:57:37 PM SENT