On July 01, 2022 a
Motion,Ex Parte
was filed
involving a dispute between
U.S. Bank National Association,
and
Barrera, Enedina H,
for Contract - Other Contract (OCA)
in the District Court of Hidalgo County.
Preview
DocuSign Envelope ID: 303BD8E3-B3ED-4051-8D90-B2E300CE409D Electronically Submitted
12/13/2023 8:14 AM
Hidalgo County Clerk
Accepted by: Sarah Reyes
CAUSE NO. CL-22-2441-I
U.S. Bank National Association § In the County Court
Plaintiff, §
§
v. § at Law No. 9
§
§
§
ENEDINA H BARRERA § Hidalgo County, Texas
Defendant.
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
TO THE HONORABLE JUDGE OF SAID COURT:
Plaintiff, U.S. Bank National Association ("Plaintiff') files this Plaintiff’s
Motion for Summary Judgment against Defendant, ENEDINA H BARRERA
("Defendant") pursuant to Texas Rule of Civil Procedure 166a(c), and in
support thereof respectfully shows the Court as follows:
I. STATEMENT OF FACTS
Defendant subsequently defaulted on the balance in the Account, in
violation of the Account Agreement.
Plaintiff’s Account Listing reflects the sequence of transactions and
resulting balance to the Account and as of December 12, 2023, the balance of
the Account, after all just and lawful offsets, was the sum of $21,623.31. A
true and correct copy of the Account Listing is attached hereto as a part of
Plaintiff’s business record affidavit, Exhibit "A," and incorporated herein for all
DocuSign Envelope ID: 303BD8E3-B3ED-4051-8D90-B2E300CE409D Electronically Submitted
12/13/2023 8:14 AM
Hidalgo County Clerk
Accepted by: Sarah Reyes
intents and purposes.
II. PROCEDURAL HISTORY
On July 5, 2022 Plaintiff filed its original Petition asserting claims
including breach of contract and account stated against Defendant.
Defendant filed their Answer on or about August 26, 2022.
III. GROUNDS FOR THE MOTION FOR SUMMARY JUDGMENT
Plaintiff moves for summary judgment under Rule 166a(c) of the Texas
Rules of Civil Procedure Rule.
Plaintiff is entitled to judgment as a matter of law. The business record
affidavit, attached herein, contains the Account Agreement and ledger of this
account, fully demonstrating the payment history and breach of contract.
Plaintiff has not received payment for this remaining balance. The Defendant
received the benefit of the account, but has failed to pay the Plaintiff
accordingly.
Based on the allowed evidence set forth in Rule 166a(f), the evidence
attached hereto can lead reasonable minds but one conclusion, and that
conclusion is that the Plaintiff is entitled to judgment against the Defendant.
The Defendant has not produced any evidence to demonstrate that this
account was paid in full. To avoid summary judgment, the Defendant must go
beyond the bare denial in the Answer and bring forth evidence to rebut
Plaintiff’s evidence. Defendant cannot meet this burden as Plaintiff’s affidavit
demonstrates that there remains a balance due and Defendant has not
DocuSign Envelope ID: 303BD8E3-B3ED-4051-8D90-B2E300CE409D Electronically Submitted
12/13/2023 8:14 AM
Hidalgo County Clerk
Accepted by: Sarah Reyes
asserted any written Answer in this matter.
Therefore, since there are no issues of material fact, reasonable minds
may come to only one conclusion: Defendant incurred charges on the
account and failed to pay the balance owing. Therefore, the Plaintiff is
entitled to judgment as a matter of law.
VI. CONCLUSION
As there are no genuine issues of material fact related to Plaintiff’s
allegations regarding the Account, Plaintiff requests that this Honorable Court
grant summary judgment in its favor in the principal amount of $21,623.31, its
costs incurred herein, and any further relief this Court deems just and
equitable.
Respectfully submitted,
Levy & Associates
lgx_sign_here:_default_identifier
__________________________
Amy Kogan
State Bar No. 24102035
Suzanne M. Roberts
State Bar No. 24027782
Robert Dunn
State Bar No. 24135826
1000 Cliff Mine Road, Suite 330
Pittsburgh, PA 15275
888-338-4226 (p)
412-921-3191 (f)
filing@levyandassociates.com
ATTORNEY FOR PLAINTIFF
U.S. Bank National Association
DocuSign Envelope ID: 303BD8E3-B3ED-4051-8D90-B2E300CE409D Electronically Submitted
12/13/2023 8:14 AM
Hidalgo County Clerk
Accepted by: Sarah Reyes
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing Motion has
been served on the Defendant in accordance with the Texas Rules of Civil
Procedure.
lgx_sign_here:_default_identifier
_____________________________
Amy Kogan
Suzanne M. Roberts
Robert Dunn
Document Filed Date
December 13, 2023
Case Filing Date
July 01, 2022
Category
Contract - Other Contract (OCA)
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DocuSign Envelope ID: 303BD8E3-B3ED-4051-8D90-B2E300CE409D Electronically Submitted 12/13/2023 8:14 AM Hidalgo County Clerk Accepted by: Sarah Reyes CAUSE NO. CL-22-2441-I U.S. Bank National Association § In the County Court Plaintiff, § § v. § at Law No. 9 § § § ENEDINA H BARRERA § Hidalgo County, Texas Defendant. PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT TO THE HONORABLE JUDGE OF SAID COURT: Plaintiff, U.S. Bank National Association ("Plaintiff') files this Plaintiff’s Motion for Summary Judgment against Defendant, ENEDINA H BARRERA ("Defendant") pursuant to Texas Rule of Civil Procedure 166a(c), and in support thereof respectfully shows the Court as follows: I. STATEMENT OF FACTS Defendant subsequently defaulted on the balance in the Account, in violation of the Account Agreement. Plaintiff’s Account Listing reflects the sequence of transactions and resulting balance to the Account and as of December 12, 2023, the balance of the Account, after all just and lawful offsets, was the sum of $21,623.31. A true and correct copy of the Account Listing is attached hereto as a part of Plaintiff’s business record affidavit, Exhibit "A," and incorporated herein for all DocuSign Envelope ID: 303BD8E3-B3ED-4051-8D90-B2E300CE409D Electronically Submitted 12/13/2023 8:14 AM Hidalgo County Clerk Accepted by: Sarah Reyes intents and purposes. II. PROCEDURAL HISTORY On July 5, 2022 Plaintiff filed its original Petition asserting claims including breach of contract and account stated against Defendant. Defendant filed their Answer on or about August 26, 2022. III. GROUNDS FOR THE MOTION FOR SUMMARY JUDGMENT Plaintiff moves for summary judgment under Rule 166a(c) of the Texas Rules of Civil Procedure Rule. Plaintiff is entitled to judgment as a matter of law. The business record affidavit, attached herein, contains the Account Agreement and ledger of this account, fully demonstrating the payment history and breach of contract. Plaintiff has not received payment for this remaining balance. The Defendant received the benefit of the account, but has failed to pay the Plaintiff accordingly. Based on the allowed evidence set forth in Rule 166a(f), the evidence attached hereto can lead reasonable minds but one conclusion, and that conclusion is that the Plaintiff is entitled to judgment against the Defendant. The Defendant has not produced any evidence to demonstrate that this account was paid in full. To avoid summary judgment, the Defendant must go beyond the bare denial in the Answer and bring forth evidence to rebut Plaintiff’s evidence. Defendant cannot meet this burden as Plaintiff’s affidavit demonstrates that there remains a balance due and Defendant has not DocuSign Envelope ID: 303BD8E3-B3ED-4051-8D90-B2E300CE409D Electronically Submitted 12/13/2023 8:14 AM Hidalgo County Clerk Accepted by: Sarah Reyes asserted any written Answer in this matter. Therefore, since there are no issues of material fact, reasonable minds may come to only one conclusion: Defendant incurred charges on the account and failed to pay the balance owing. Therefore, the Plaintiff is entitled to judgment as a matter of law. VI. CONCLUSION As there are no genuine issues of material fact related to Plaintiff’s allegations regarding the Account, Plaintiff requests that this Honorable Court grant summary judgment in its favor in the principal amount of $21,623.31, its costs incurred herein, and any further relief this Court deems just and equitable. Respectfully submitted, Levy & Associates lgx_sign_here:_default_identifier __________________________ Amy Kogan State Bar No. 24102035 Suzanne M. Roberts State Bar No. 24027782 Robert Dunn State Bar No. 24135826 1000 Cliff Mine Road, Suite 330 Pittsburgh, PA 15275 888-338-4226 (p) 412-921-3191 (f) filing@levyandassociates.com ATTORNEY FOR PLAINTIFF U.S. Bank National Association DocuSign Envelope ID: 303BD8E3-B3ED-4051-8D90-B2E300CE409D Electronically Submitted 12/13/2023 8:14 AM Hidalgo County Clerk Accepted by: Sarah Reyes CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing Motion has been served on the Defendant in accordance with the Texas Rules of Civil Procedure. lgx_sign_here:_default_identifier _____________________________ Amy Kogan Suzanne M. Roberts Robert Dunn