On February 26, 2020 a
Motion - Plaintiff's Motion in Opposition to Defendant's Mt for Continuance
was filed
involving a dispute between
The Vineyard Estates Subdivision Homeowners Association, Inc.,
and
Smith, Hobert Lee,
Smith, Miriam,
U.S. Bank National Association,
Worldwide Investment Group Llc,
for All Other Civil Cases (OCA)
in the District Court of Hidalgo County.
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Electronically Submitted
2/21/2024 5:01 PM
Hidalgo County Clerk
Accepted by: Sandra E. Falcon
CAUSE NO. CL-20-0972-D
THE VINEYARD ESTATES § IN COUNTY COURT AT
SUBDIVISION HOMEOWNERS §
ASSOCIATION, INC., §
Plaintiff §
§
VS. § LAW NO. 4
§
§
HOBERT LEE SMITH, MIRIAM SMITH, §
AND U.S. BANK NATIONAL §
ASSOCIATION §
Defendants. § HIDALGO COUNTY, TEXAS
PLAINTIFF’S MOTION IN OPPOSITION TO DEFENDANT’S MOTION FOR
CONTINUANCE
COMES NOW, The Vineyard Estates Subdivision Homeowners Association, Inc.,
Plaintiff in the above-styled and numbered cause and files its Motion in Opposition of
Defendant’s Motion for Continuance. In support thereof, Plaintiff would respectfully show
as follows:
1. Plaintiff moved for Partial Summary Judgment on October 26, 2023. See Exhibit
A. At the time the Motion for Partial Summary Judgment was filed and at all times since
the filing, Defendant has been represented by counsel. Moreover, Defendant filed it’s
Response to Plaintiff’s Partial Summary Judgment on February 20, 2024 and has had
adequate time to prepare for the hearing.
2. On February 16, 2024, Defendant filed a Motion for Continuance of Hearing on
Plaintiff's Motion for Partial Summary Judgment and seeks a continuance to obtain
additional discovery. See Exhibit B.
3. Plaintiff’s Motion for Partial Summary Judgment was originally set for hearing on
December 11, 2023. The parties entered into a rule 11 agreement to reset the hearing
Electronically Submitted
2/21/2024 5:01 PM
Hidalgo County Clerk
Accepted by: Sandra E. Falcon
to allow more time for settlement negotiations. See Exhibit C. The agreement did not
include a stipulation for additional time to obtain discovery. At all times since the filing,
Defendant has been represented by counsel. At no time during that period, did opposing
counsel serve Plaintiff with any discovery requests or notice of deposition.
4. For these reasons and due to the long pendency of this case, Defendant’s
Motion for Continuance should be denied.
WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that
Defendant’s Motion for Continuance be denied, and for such other and further relief, at
law or in equity, to which Plaintiff may be justly entitled.
Respectfully submitted,
ATLAS, HALL & RODRIGUEZ, LLP
P. O. Box 3725 (78502)
818 West Pecan Boulevard
McAllen, Texas 78501
(956) 682-5501
(956) 686-6109 – Facsimile
By: /s/Rick A. Zuniga
Rick Zuniga
Texas State Bar No. 24084148
E-Mail: rzuniga@atlashall.com
Joshua A. Cummings
State Bar No. 24055369
Email: jcummings@atlashall.com
Attorneys for Plaintiff
CERTIFICATE OF SERVICE
I hereby certify that on the 21st day of February, a true and correct copy of the
foregoing document was served on all parties via electronic service in accordance with
the Texas Rules of Civil Procedure.
/s/Rick A. Zuniga
Rick A. Zuniga
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.
Rick Zuniga
Bar No. 24084148
rzuniga@atlashall.com
Envelope ID: 84762765
Filing Code Description: Motion (No Fee)
Filing Description: Plaintiff's Motion in Opposition to Defendant's Mt for
Continuance
Status as of 2/22/2024 9:04 AM CST
Associated Case Party: The Vineyard Estates Subdivision Homeowners Association,
Inc.
Name BarNumber Email TimestampSubmitted Status
Joshua A.Cummings jcummings@atlashall.com 2/21/2024 5:01:55 PM SENT
Associated Case Party: HobertLeeSmith
Name BarNumber Email TimestampSubmitted Status
Antonio Villeda avilleda@mybusinesslawyer.com 2/21/2024 5:01:55 PM SENT
Associated Case Party: U.S. BANK NATIONAL ASSOCIATION
Name BarNumber Email TimestampSubmitted Status
Robert Negrin rnegrin@mccarthyholthus.com 2/21/2024 5:01:55 PM SENT
Ashley Crout acrout@mccarthyholthus.com 2/21/2024 5:01:55 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
C FONSECA CFONSECA@ATLASHALL.COM 2/21/2024 5:01:55 PM SENT
JOSHUA CUMMINGS JCUMMINGS@ATLASHALL.COM 2/21/2024 5:01:55 PM SENT
RICK ZUNIGA RZUNIGA@ATLASHALL.COM 2/21/2024 5:01:55 PM SENT
Maria LuluSalinas msalinas@atlashall.com 2/21/2024 5:01:55 PM SENT
Grace Aniceto ganiceto@atlashall.com 2/21/2024 5:01:55 PM SENT
Document Filed Date
February 21, 2024
Case Filing Date
February 26, 2020
Category
All Other Civil Cases (OCA)
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Electronically Submitted 2/21/2024 5:01 PM Hidalgo County Clerk Accepted by: Sandra E. Falcon CAUSE NO. CL-20-0972-D THE VINEYARD ESTATES § IN COUNTY COURT AT SUBDIVISION HOMEOWNERS § ASSOCIATION, INC., § Plaintiff § § VS. § LAW NO. 4 § § HOBERT LEE SMITH, MIRIAM SMITH, § AND U.S. BANK NATIONAL § ASSOCIATION § Defendants. § HIDALGO COUNTY, TEXAS PLAINTIFF’S MOTION IN OPPOSITION TO DEFENDANT’S MOTION FOR CONTINUANCE COMES NOW, The Vineyard Estates Subdivision Homeowners Association, Inc., Plaintiff in the above-styled and numbered cause and files its Motion in Opposition of Defendant’s Motion for Continuance. In support thereof, Plaintiff would respectfully show as follows: 1. Plaintiff moved for Partial Summary Judgment on October 26, 2023. See Exhibit A. At the time the Motion for Partial Summary Judgment was filed and at all times since the filing, Defendant has been represented by counsel. Moreover, Defendant filed it’s Response to Plaintiff’s Partial Summary Judgment on February 20, 2024 and has had adequate time to prepare for the hearing. 2. On February 16, 2024, Defendant filed a Motion for Continuance of Hearing on Plaintiff's Motion for Partial Summary Judgment and seeks a continuance to obtain additional discovery. See Exhibit B. 3. Plaintiff’s Motion for Partial Summary Judgment was originally set for hearing on December 11, 2023. The parties entered into a rule 11 agreement to reset the hearing Electronically Submitted 2/21/2024 5:01 PM Hidalgo County Clerk Accepted by: Sandra E. Falcon to allow more time for settlement negotiations. See Exhibit C. The agreement did not include a stipulation for additional time to obtain discovery. At all times since the filing, Defendant has been represented by counsel. At no time during that period, did opposing counsel serve Plaintiff with any discovery requests or notice of deposition. 4. For these reasons and due to the long pendency of this case, Defendant’s Motion for Continuance should be denied. WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that Defendant’s Motion for Continuance be denied, and for such other and further relief, at law or in equity, to which Plaintiff may be justly entitled. Respectfully submitted, ATLAS, HALL & RODRIGUEZ, LLP P. O. Box 3725 (78502) 818 West Pecan Boulevard McAllen, Texas 78501 (956) 682-5501 (956) 686-6109 – Facsimile By: /s/Rick A. Zuniga Rick Zuniga Texas State Bar No. 24084148 E-Mail: rzuniga@atlashall.com Joshua A. Cummings State Bar No. 24055369 Email: jcummings@atlashall.com Attorneys for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on the 21st day of February, a true and correct copy of the foregoing document was served on all parties via electronic service in accordance with the Texas Rules of Civil Procedure. /s/Rick A. Zuniga Rick A. Zuniga 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. Rick Zuniga Bar No. 24084148 rzuniga@atlashall.com Envelope ID: 84762765 Filing Code Description: Motion (No Fee) Filing Description: Plaintiff's Motion in Opposition to Defendant's Mt for Continuance Status as of 2/22/2024 9:04 AM CST Associated Case Party: The Vineyard Estates Subdivision Homeowners Association, Inc. Name BarNumber Email TimestampSubmitted Status Joshua A.Cummings jcummings@atlashall.com 2/21/2024 5:01:55 PM SENT Associated Case Party: HobertLeeSmith Name BarNumber Email TimestampSubmitted Status Antonio Villeda avilleda@mybusinesslawyer.com 2/21/2024 5:01:55 PM SENT Associated Case Party: U.S. BANK NATIONAL ASSOCIATION Name BarNumber Email TimestampSubmitted Status Robert Negrin rnegrin@mccarthyholthus.com 2/21/2024 5:01:55 PM SENT Ashley Crout acrout@mccarthyholthus.com 2/21/2024 5:01:55 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status C FONSECA CFONSECA@ATLASHALL.COM 2/21/2024 5:01:55 PM SENT JOSHUA CUMMINGS JCUMMINGS@ATLASHALL.COM 2/21/2024 5:01:55 PM SENT RICK ZUNIGA RZUNIGA@ATLASHALL.COM 2/21/2024 5:01:55 PM SENT Maria LuluSalinas msalinas@atlashall.com 2/21/2024 5:01:55 PM SENT Grace Aniceto ganiceto@atlashall.com 2/21/2024 5:01:55 PM SENT