Preview
Electronically Filed
7/7/2022 11:16 AM
Hidalgo County District Clerks
Reviewed By: Miriam Vazquez
CAUSE NO. C-0017-20-J
Margarita Garibay and §
Baldemar Gaytan, each individually, as §
representative of, and on behalf of the §
Estate of Osvaldo Gaytan Garibay, §
§
Plaintiffs, §
§
v. §
§
Yarami Soza, § 430th Judicial District Court
§
Intervenor, § Hidalgo County, Texas
§
v. §
§
American Honda Motor Co., Inc., §
and Melissa Ann Sanchez, §
§
Defendants. §
PLAINTIFFS’ VERIFIED MOTION TO TAKE JUDICIAL NOTICE OF RECORDS
FROM KIM v AMERICAN HONDA MOTOR CO., INC.
Plaintiffs Margarita Garibay and Baldemar Gaytan move the Court to take judicial notice of
certain documents on file in the lawsuit styled Sun Min Kim, et al., v. American Honda Motor Co.,
Inc., Civil Action No. 4:19-cv-00332 (“Kim”), which is pending in the Sherman Division of the U.S.
District Court for the Eastern District of Texas.
Background
1. Osvaldo Garibay was Plaintiffs’ 22 year-old son. On the night of March 10, 2019,
he was driving a 2018 Honda Accord east on Wisconsin Road in Hidalgo County. Intervenor
Yarami Soza was in the front passenger seat, and her 4 children were in the back seat. Everyone was
belted. Osvaldo stopped at the stop sign at the intersection with Jackson Road.
2. At the same time, Defendant Melissa Ann Sanchez was driving a Ford Taurus north
on Jackson Road, toward the intersection with Wisconsin Road, with her headlights off. As Osvaldo
began to cross Jackson Road, Sanchez hit the Accord on the front passenger door. Osvaldo’s and
Yarami’s heads collided, fracturing Osvaldo’s skull and knocking Yarami unconscious. Despite his
head injuries, Osvaldo was able to get out of the Accord on his own before first responders arrived.
Garibay, et al. v. Honda, et al.; Plfs’ Verified Motion to Take Judicial Notice -- 1 of 7 pgs.
Electronically Filed
7/7/2022 11:16 AM
Hidalgo County District Clerks
Reviewed By: Miriam Vazquez
His condition deteriorated at the scene, and he was transported by ambulance to the hospital. He
died there almost 2 weeks later due to his brain injuries. Meanwhile, first responders extricated
Yarami from the passenger seat. One of those first responders, Edinburg police officer Jose Oviedo,
testified that Yarami was wearing her seat belt when she was extricated.
3. The occupant protection system of the 2018 Accord includes front seat belt
pretensioners but does not include a center air bag. When deployed in a crash, the pretensioners lock
the seat belts in place to restrict occupant movement. In a side impact, the pretensioners are
supposed to reduce lateral movement to prevent occupant to occupant contact. A center air bag, if
included, would further protect against occupant to occupant contact in a side impact. Honda
originally intended to include a center air bag in the 2018 Accord but ultimately decided not to.
According to Honda’s corporate representative, Takashi Akiyama, Honda determined that a center
air bag was not necessary to protect against occupant to occupant contact in a side impact in the 2018
Accord because the seat belt pretensioners and the center console provide sufficient lateral
movement protection.
4. In this crash, the pretensioners did not deploy. Honda designed the 2018 Accord’s
occupant protection system to not deploy the pretensioners if the system determines that the front
seat occupants are not wearing their seat belts. That determination (i.e., whether the seat belts are
being worn) is made by a sensor (or switch) contained in the seat belt buckle According to the
download of the Accord’s electronic data recorder, Osvaldo and Yarami wear not wearing their seat
belts. But that information, at least as to Yarami, is contradicted by first responders.
5. Plaintiffs sued Honda, alleging design and marketing defects with respect to the
Accord’s seats and its occupant protection system, including the airbags and pretensioners.
Generally speaking, Plaintiffs contend, among other things, that the lack of a center air bag and the
failure to deploy the pretensioners in this side impact crash allowed Osvaldo’s head injuries to occur
and rendered the Accord defective.
Garibay, et al. v. Honda, et al.; Plfs’ Verified Motion to Take Judicial Notice -- 2 of 7 pgs.
Electronically Filed
7/7/2022 11:16 AM
Hidalgo County District Clerks
Reviewed By: Miriam Vazquez
The Kim case
6. Kim involves almost identical facts and allegations as this case. Ji Hun Kim was
driving a 2014 Honda CR-V with his sister, Su Min Kim, in the front passenger seat. The Kims
indisputably were wearing their seatbelts. At an intersection, the Kim CR-V was t-boned by a
Toyota Scion that ran a red light and crashed into the front passenger door of the CR-V, just as
occurred in this case. (Exhibit A, ¶ 1). Notwithstanding that the Kims were belted, the CR-V’s
occupant protection system failed to restrain them from moving laterally and their heads struck one
another, just as occurred in this case. Id. However, in the Kim crash, it was the passenger, Sun Min
Kim, who suffered catastrophic brain injuries as a result of the head to head contact.
7. The Kims sued Honda, alleging that the 2014 CR-V contained design defects with
respect to its occupant protection system in a side impact crash, including the lack of a center
mounted air bag to act as a cushion between the front row occupants and the failure of the occupant
protection system to restrain their lateral movement. Specifically, the Kims alleged that the CR-V
was defectively designed because:
(a) In the event of a far side-impact collision, such as occurred here, the vehicle failed
to provide far-side impact occupant protection by the use of a center mounted air bag
as a cushioning or other restraint element or combination of restraint elements
between the front row occupants; and
(b) It was technologically and economically feasible for the front seat restraint system
to have been designed to prevent occupant excursion toward a far side impact.
Defendant fialed to design its front seat restraint system to prevent this foreseeable
and dangerous movement of its passengers.
(Exhibit A, ¶ 4)(emphasis added). Plaintiffs make the same allegations in this lawsuit with respect
to the 2018 Accord.
8. Notably, Honda did not contest that the Kims’ proposed safer alternative designs,
including a center mounted air bag, were technologically and economically feasible in 2014, and the
District Court so instructed the jury. (Exhibit B, p. 7). The jury found that the 2014 CR-V contained
a design defect that was a producing cause of the injuries to the Kims and awarded damages.
(Exhibit C, Question 1). The District Court entered judgment in favor of the Kims. (Exhibit D).
Garibay, et al. v. Honda, et al.; Plfs’ Verified Motion to Take Judicial Notice -- 3 of 7 pgs.
Electronically Filed
7/7/2022 11:16 AM
Hidalgo County District Clerks
Reviewed By: Miriam Vazquez
Judicial Notice
9. TEX. R. EVID. 201(b) permits a court to take take judicial notice of a relevant fact that
is “either (1) generally known with the territorial jurisdiction of the trial court or (2) capable of
accurate and ready determination by resort to sources whose accuracy cannot reasonably be
questioned.” A court must take notice of such a fact if a party requests it and supplies “the necessary
information.” TEX. R. EVID. 201(d). “Under this standard, a court will take judicial notice of
another court’s records if a party provides proof of the records.” Freedom Communications, Inc.,
v. Coronado, 372 S.W.3d 621 (Tex. 2012).
10. In accordance with TEX. R. EVID 201 and Coronado, Plaintiffs request that the Court
take judicial notice of the following records from the Kim case, attached here as exhibits:
a. Plaintiffs’ Third Amended Complaint (Exhibit A);
b. Final Instructions to the Jury (Exhibit B);
c. Verdict of the Jury (Exhibit C); and
d. Final Judgment (Exhibit D).
Each of these exhibits bears the “filed” marking at the top of the document, indicating that the
document is on file with the clerk of the Eastern District of Texas among the papers in the Kim case.
THEREFORE, Plaintiffs request that the Court take judicial notice of the records attached
hereto as Exhibits A-D, which are records on file with the clerk of the U.S. District Court for the
Eastern District of Texas, Sherman Division, in Civil Action No. 4:19-cv-00332, Sun Min Kim, et
al., v. American Honda Motor Co., Inc. Plaintiffs further request all other relief to which they may
be entitled.
Garibay, et al. v. Honda, et al.; Plfs’ Verified Motion to Take Judicial Notice -- 4 of 7 pgs.
Electronically Filed
7/7/2022 11:16 AM
Hidalgo County District Clerks
Reviewed By: Miriam Vazquez
Respectfully submitted,
Jody R. Mask
State Bar of Texas No. 24010214
E-Mail: jody@masklaw.com
Alberto L. Guerrero
State Bar of Texas No. 00790800
E-Mail: beto@masklaw.com
MASK & GUERRERO
1100 E. Jasmine Avenue, Suite 204
McAllen, TX 78501
Tel. No.: 956/524-4040
Fax No.: 956/322-4113
By:
Jody R. Mask
Gregorio R. Lopez
State Bar of Texas No. 24027457
E-Mail: greg@glopezlaw.com
G. LOPEZ LAW GROUP, PLLC
300 South Closner Blvd.
Edinburg, TX 78539
Tel. No.: 956/618-0837
Fax No.: 866/612-7811
ATTORNEYS FOR PLAINTIFFS
Garibay, et al. v. Honda, et al.; Plfs’ Verified Motion to Take Judicial Notice -- 5 of 7 pgs.
Electronically Filed
7/7/2022 11:16 AM
Hidalgo County District Clerks
Reviewed By: Miriam Vazquez
CERTIFICATE OF SERVICE
I hereby certify that on July 7, 2022, this motion was served on counsel via E-Service
Notification:
Kurt C. Kern
Yesenia E. Cárdenas-Colenso
NELSON MULLINS RILEY & SCARBOROUGH LLP
5830 Granite Parkway, Suite 1000
Plano, TX 75024
E-Mail: kurt.kern@nelsonmullins.com
E-Mail: yesenia.cardenas@nelsonmullins.com
Attorneys for Defendant American Honda Motor Co., Inc.
Rafael de la Garza, III
DE LA GARZA LAW FIRM
4919 S. Jackson Rd.
Edinburg, TX 78539
E-Mail: rdlglaw@gmail.com
Attorney for Intervenor Yarami Soza
Jody R. Mask
Garibay, et al. v. Honda, et al.; Plfs’ Verified Motion to Take Judicial Notice -- 6 of 7 pgs.
Electronically Filed
7/7/2022 11:16 AM
Hidalgo County District Clerks
Reviewed By: Miriam Vazquez
VERIFICATION
STATE OF TEXAS §
§
COUNTY OF HIDALGO §
The documents attached as Exhibits A-D of this motion are true and correct copies of these
documents as they were downloaded by my office via the federal Pacer system from the lawsuit civil
action no. 4: l 9-cv-00332, styled Sun Min Kim, et al., v. American Honda Motor Co., Inc., pending
in Sherman Division of the U.S. District Court for the Eastern Distrig_ro[Te: = - 2
~ -====-'~::::=>-
Alberto L. Guerrero
SUBSCRIBED AND SWORN TO BEFORE ME, by the said Alberto L. Guerrero, on this
the 7th day of July, 2022, to certify which witness my hand and seal of office.
Notary Public, in and for the State of Texas
LISA BACA ZURBARAH
Notary ID #12009523
My Commission ExplrH
September 11, 2024
Garibay, et al. v. Honda, et al.; Plfs' Verified Motion to Take Judicial Notice -- 7 of7 pgs.
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.
Lisa Zurbaran on behalf of Jody Mask
Bar No. 24010214
efile@masklaw.com
Envelope ID: 66095832
Status as of 7/7/2022 11:59 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
JODY MASK JODY@MASKLAW.COM 7/7/2022 11:16:12 AM SENT
JODY F.MASK efile@masklaw.com 7/7/2022 11:16:12 AM SENT
RAFAEL DE LA GARZA RAFAEL@DLGRLAW.COM 7/7/2022 11:16:12 AM SENT
Alberto L.Guerrero beto@masklaw.com 7/7/2022 11:16:12 AM SENT
Gregorio R.Lopez greg@glopezlaw.com 7/7/2022 11:16:12 AM SENT
Rafael de la Garza rdlglaw@gmail.com 7/7/2022 11:16:12 AM SENT
Kurt C.Kern kurt.kern@nelsonmullins.com 7/7/2022 11:16:12 AM SENT
Ivy Maxwell ivy.maxwell@nelsonmullins.com 7/7/2022 11:16:12 AM SENT
Patricia Gunter patricia.gunter@nelsonmullins.com 7/7/2022 11:16:12 AM SENT
Yesenia Cardenas Yesenia.Cardenas@nelsonmullins.com 7/7/2022 11:16:12 AM SENT
Preview
Electronically Filed 7/7/2022 11:16 AM Hidalgo County District Clerks Reviewed By: Miriam Vazquez CAUSE NO. C-0017-20-J Margarita Garibay and § Baldemar Gaytan, each individually, as § representative of, and on behalf of the § Estate of Osvaldo Gaytan Garibay, § § Plaintiffs, § § v. § § Yarami Soza, § 430th Judicial District Court § Intervenor, § Hidalgo County, Texas § v. § § American Honda Motor Co., Inc., § and Melissa Ann Sanchez, § § Defendants. § PLAINTIFFS’ VERIFIED MOTION TO TAKE JUDICIAL NOTICE OF RECORDS FROM KIM v AMERICAN HONDA MOTOR CO., INC. Plaintiffs Margarita Garibay and Baldemar Gaytan move the Court to take judicial notice of certain documents on file in the lawsuit styled Sun Min Kim, et al., v. American Honda Motor Co., Inc., Civil Action No. 4:19-cv-00332 (“Kim”), which is pending in the Sherman Division of the U.S. District Court for the Eastern District of Texas. Background 1. Osvaldo Garibay was Plaintiffs’ 22 year-old son. On the night of March 10, 2019, he was driving a 2018 Honda Accord east on Wisconsin Road in Hidalgo County. Intervenor Yarami Soza was in the front passenger seat, and her 4 children were in the back seat. Everyone was belted. Osvaldo stopped at the stop sign at the intersection with Jackson Road. 2. At the same time, Defendant Melissa Ann Sanchez was driving a Ford Taurus north on Jackson Road, toward the intersection with Wisconsin Road, with her headlights off. As Osvaldo began to cross Jackson Road, Sanchez hit the Accord on the front passenger door. Osvaldo’s and Yarami’s heads collided, fracturing Osvaldo’s skull and knocking Yarami unconscious. Despite his head injuries, Osvaldo was able to get out of the Accord on his own before first responders arrived. Garibay, et al. v. Honda, et al.; Plfs’ Verified Motion to Take Judicial Notice -- 1 of 7 pgs. Electronically Filed 7/7/2022 11:16 AM Hidalgo County District Clerks Reviewed By: Miriam Vazquez His condition deteriorated at the scene, and he was transported by ambulance to the hospital. He died there almost 2 weeks later due to his brain injuries. Meanwhile, first responders extricated Yarami from the passenger seat. One of those first responders, Edinburg police officer Jose Oviedo, testified that Yarami was wearing her seat belt when she was extricated. 3. The occupant protection system of the 2018 Accord includes front seat belt pretensioners but does not include a center air bag. When deployed in a crash, the pretensioners lock the seat belts in place to restrict occupant movement. In a side impact, the pretensioners are supposed to reduce lateral movement to prevent occupant to occupant contact. A center air bag, if included, would further protect against occupant to occupant contact in a side impact. Honda originally intended to include a center air bag in the 2018 Accord but ultimately decided not to. According to Honda’s corporate representative, Takashi Akiyama, Honda determined that a center air bag was not necessary to protect against occupant to occupant contact in a side impact in the 2018 Accord because the seat belt pretensioners and the center console provide sufficient lateral movement protection. 4. In this crash, the pretensioners did not deploy. Honda designed the 2018 Accord’s occupant protection system to not deploy the pretensioners if the system determines that the front seat occupants are not wearing their seat belts. That determination (i.e., whether the seat belts are being worn) is made by a sensor (or switch) contained in the seat belt buckle According to the download of the Accord’s electronic data recorder, Osvaldo and Yarami wear not wearing their seat belts. But that information, at least as to Yarami, is contradicted by first responders. 5. Plaintiffs sued Honda, alleging design and marketing defects with respect to the Accord’s seats and its occupant protection system, including the airbags and pretensioners. Generally speaking, Plaintiffs contend, among other things, that the lack of a center air bag and the failure to deploy the pretensioners in this side impact crash allowed Osvaldo’s head injuries to occur and rendered the Accord defective. Garibay, et al. v. Honda, et al.; Plfs’ Verified Motion to Take Judicial Notice -- 2 of 7 pgs. Electronically Filed 7/7/2022 11:16 AM Hidalgo County District Clerks Reviewed By: Miriam Vazquez The Kim case 6. Kim involves almost identical facts and allegations as this case. Ji Hun Kim was driving a 2014 Honda CR-V with his sister, Su Min Kim, in the front passenger seat. The Kims indisputably were wearing their seatbelts. At an intersection, the Kim CR-V was t-boned by a Toyota Scion that ran a red light and crashed into the front passenger door of the CR-V, just as occurred in this case. (Exhibit A, ¶ 1). Notwithstanding that the Kims were belted, the CR-V’s occupant protection system failed to restrain them from moving laterally and their heads struck one another, just as occurred in this case. Id. However, in the Kim crash, it was the passenger, Sun Min Kim, who suffered catastrophic brain injuries as a result of the head to head contact. 7. The Kims sued Honda, alleging that the 2014 CR-V contained design defects with respect to its occupant protection system in a side impact crash, including the lack of a center mounted air bag to act as a cushion between the front row occupants and the failure of the occupant protection system to restrain their lateral movement. Specifically, the Kims alleged that the CR-V was defectively designed because: (a) In the event of a far side-impact collision, such as occurred here, the vehicle failed to provide far-side impact occupant protection by the use of a center mounted air bag as a cushioning or other restraint element or combination of restraint elements between the front row occupants; and (b) It was technologically and economically feasible for the front seat restraint system to have been designed to prevent occupant excursion toward a far side impact. Defendant fialed to design its front seat restraint system to prevent this foreseeable and dangerous movement of its passengers. (Exhibit A, ¶ 4)(emphasis added). Plaintiffs make the same allegations in this lawsuit with respect to the 2018 Accord. 8. Notably, Honda did not contest that the Kims’ proposed safer alternative designs, including a center mounted air bag, were technologically and economically feasible in 2014, and the District Court so instructed the jury. (Exhibit B, p. 7). The jury found that the 2014 CR-V contained a design defect that was a producing cause of the injuries to the Kims and awarded damages. (Exhibit C, Question 1). The District Court entered judgment in favor of the Kims. (Exhibit D). Garibay, et al. v. Honda, et al.; Plfs’ Verified Motion to Take Judicial Notice -- 3 of 7 pgs. Electronically Filed 7/7/2022 11:16 AM Hidalgo County District Clerks Reviewed By: Miriam Vazquez Judicial Notice 9. TEX. R. EVID. 201(b) permits a court to take take judicial notice of a relevant fact that is “either (1) generally known with the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.” A court must take notice of such a fact if a party requests it and supplies “the necessary information.” TEX. R. EVID. 201(d). “Under this standard, a court will take judicial notice of another court’s records if a party provides proof of the records.” Freedom Communications, Inc., v. Coronado, 372 S.W.3d 621 (Tex. 2012). 10. In accordance with TEX. R. EVID 201 and Coronado, Plaintiffs request that the Court take judicial notice of the following records from the Kim case, attached here as exhibits: a. Plaintiffs’ Third Amended Complaint (Exhibit A); b. Final Instructions to the Jury (Exhibit B); c. Verdict of the Jury (Exhibit C); and d. Final Judgment (Exhibit D). Each of these exhibits bears the “filed” marking at the top of the document, indicating that the document is on file with the clerk of the Eastern District of Texas among the papers in the Kim case. THEREFORE, Plaintiffs request that the Court take judicial notice of the records attached hereto as Exhibits A-D, which are records on file with the clerk of the U.S. District Court for the Eastern District of Texas, Sherman Division, in Civil Action No. 4:19-cv-00332, Sun Min Kim, et al., v. American Honda Motor Co., Inc. Plaintiffs further request all other relief to which they may be entitled. Garibay, et al. v. Honda, et al.; Plfs’ Verified Motion to Take Judicial Notice -- 4 of 7 pgs. Electronically Filed 7/7/2022 11:16 AM Hidalgo County District Clerks Reviewed By: Miriam Vazquez Respectfully submitted, Jody R. Mask State Bar of Texas No. 24010214 E-Mail: jody@masklaw.com Alberto L. Guerrero State Bar of Texas No. 00790800 E-Mail: beto@masklaw.com MASK & GUERRERO 1100 E. Jasmine Avenue, Suite 204 McAllen, TX 78501 Tel. No.: 956/524-4040 Fax No.: 956/322-4113 By: Jody R. Mask Gregorio R. Lopez State Bar of Texas No. 24027457 E-Mail: greg@glopezlaw.com G. LOPEZ LAW GROUP, PLLC 300 South Closner Blvd. Edinburg, TX 78539 Tel. No.: 956/618-0837 Fax No.: 866/612-7811 ATTORNEYS FOR PLAINTIFFS Garibay, et al. v. Honda, et al.; Plfs’ Verified Motion to Take Judicial Notice -- 5 of 7 pgs. Electronically Filed 7/7/2022 11:16 AM Hidalgo County District Clerks Reviewed By: Miriam Vazquez CERTIFICATE OF SERVICE I hereby certify that on July 7, 2022, this motion was served on counsel via E-Service Notification: Kurt C. Kern Yesenia E. Cárdenas-Colenso NELSON MULLINS RILEY & SCARBOROUGH LLP 5830 Granite Parkway, Suite 1000 Plano, TX 75024 E-Mail: kurt.kern@nelsonmullins.com E-Mail: yesenia.cardenas@nelsonmullins.com Attorneys for Defendant American Honda Motor Co., Inc. Rafael de la Garza, III DE LA GARZA LAW FIRM 4919 S. Jackson Rd. Edinburg, TX 78539 E-Mail: rdlglaw@gmail.com Attorney for Intervenor Yarami Soza Jody R. Mask Garibay, et al. v. Honda, et al.; Plfs’ Verified Motion to Take Judicial Notice -- 6 of 7 pgs. Electronically Filed 7/7/2022 11:16 AM Hidalgo County District Clerks Reviewed By: Miriam Vazquez VERIFICATION STATE OF TEXAS § § COUNTY OF HIDALGO § The documents attached as Exhibits A-D of this motion are true and correct copies of these documents as they were downloaded by my office via the federal Pacer system from the lawsuit civil action no. 4: l 9-cv-00332, styled Sun Min Kim, et al., v. American Honda Motor Co., Inc., pending in Sherman Division of the U.S. District Court for the Eastern Distrig_ro[Te: = - 2 ~ -====-'~::::=>- Alberto L. Guerrero SUBSCRIBED AND SWORN TO BEFORE ME, by the said Alberto L. Guerrero, on this the 7th day of July, 2022, to certify which witness my hand and seal of office. Notary Public, in and for the State of Texas LISA BACA ZURBARAH Notary ID #12009523 My Commission ExplrH September 11, 2024 Garibay, et al. v. Honda, et al.; Plfs' Verified Motion to Take Judicial Notice -- 7 of7 pgs. 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. Lisa Zurbaran on behalf of Jody Mask Bar No. 24010214 efile@masklaw.com Envelope ID: 66095832 Status as of 7/7/2022 11:59 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status JODY MASK JODY@MASKLAW.COM 7/7/2022 11:16:12 AM SENT JODY F.MASK efile@masklaw.com 7/7/2022 11:16:12 AM SENT RAFAEL DE LA GARZA RAFAEL@DLGRLAW.COM 7/7/2022 11:16:12 AM SENT Alberto L.Guerrero beto@masklaw.com 7/7/2022 11:16:12 AM SENT Gregorio R.Lopez greg@glopezlaw.com 7/7/2022 11:16:12 AM SENT Rafael de la Garza rdlglaw@gmail.com 7/7/2022 11:16:12 AM SENT Kurt C.Kern kurt.kern@nelsonmullins.com 7/7/2022 11:16:12 AM SENT Ivy Maxwell ivy.maxwell@nelsonmullins.com 7/7/2022 11:16:12 AM SENT Patricia Gunter patricia.gunter@nelsonmullins.com 7/7/2022 11:16:12 AM SENT Yesenia Cardenas Yesenia.Cardenas@nelsonmullins.com 7/7/2022 11:16:12 AM SENT