On December 18, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Godinez, Fortino B.,
and
Sfm, Llc D B A Sprouts Farmers Market C O Corporation Service Company,
Texas Workforce Commission C O General Counsel,
for All Other Civil Cases (OCA)
in the District Court of Hidalgo County.
Preview
Electronically Submitted
3/20/2024 4:07 PM
Hidalgo County Clerk
Accepted by: Sandra E. Falcon
Cause No. CL-18-7110-D
Fortino Godinez, § In the County Court at Law
Plaintiff, §
§
v. §
§ No. 4
§
SFM, LLC d/b/a Sprouts Farmers Market §
and the Texas Workforce Commission, §
Defendants. § Hidalgo County, Texas
DEFENDANT TEXAS WORKFORCE COMMISSION’S MOTION TO EXCLUDE
Defendant Texas Workforce Commission (“Defendant” or “TWC”) files this Motion to
Exclude all evidence that TWC collected money from Plaintiff pursuant to the overpayment of
unemployment benefits established by TWC’s administrative decision under review in this
litigation, as follows:
SUMMARY
Plaintiff Fortino Godinez filed this suit seeking judicial review of TWC’s administrative
decision that he was terminated from his job for misconduct and overpaid unemployment
benefits in the amount of $7,410.00.
TWC preemptively objects and moves to exclude any evidence Plaintiff seeks to offer
that TWC recovered any portion of the overpayment of unemployment benefits established by
TWC’s administrative decision. This evidence is irrelevant under Tex. R. Evid. 402, because it
has no tendency to make it more probable than not that there is not substantial evidence to
support TWC’s decision that Plaintiff was terminated from Sprouts for misconduct.
Fortino Godinez v. SFM, LLC d/b/a Sprouts Farmers Market and the Texas Workforce Commission
Texas Workforce Commission’s Pretrial Motion to Exclude Evidence Page 1 of 4
Electronically Submitted
3/20/2024 4:07 PM
Hidalgo County Clerk
Accepted by: Sandra E. Falcon
MOTION TO EXCLUDE
I. Evidence that TWC Recovered Money from Plaintiff is Irrelevant.
Tex. R. Evid. 401 states that evidence is relevant if it has any tendency to make a fact
more or less probable than it would be without the evidence, and that fact is of consequence in
determining this action. Tex. R. Evid. 401 (emphasis added). However, as TWC discussed in its
motion to strike the case from the jury docket and its trial brief, suits for judicial review of TWC
administrative decisions present no questions of fact. See Collingsworth Gen. Hosp. v. Hunnicutt,
988 S.W.2d 706, 708 (Tex. 1998) (“TEC 1 decisions regarding benefit payments are subject to
trial de novo review in which the trial court determines whether substantial evidence supports the
TEC’s ruling.”); See also RGV Concepts, Ltd. v. Texas Workforce Commission, No. 13-20-
00087-CV, 2021 WL 727012, at *2 (Tex. App.—Corpus Christi-Edinburgh Feb. 25, 2021, no
pet.) (“Whether substantial evidence exists to support TWC’s decisions is a question of law.”).
There is technically no evidence that is relevant in suits for judicial review of TWC
administrative decisions, because there are no facts at issue that any evidence can make more or
less probable.
For the sake of argument, however, TWC objects to evidence Plaintiff may offer that
TWC recovered any portion of the overpayment of unemployment benefits established by
TWC’s administrative decision. This evidence is irrelevant and inadmissible under Tex. R. Evid.
401 and 402. TWC’s decision found that Plaintiff was discharged from Sprouts for misconduct.
Whether TWC recovered any portion of the benefits that were improperly paid to Plaintiff is
irrelevant because it does not make it more probable than not that Plaintiff was not discharged
for misconduct.
Fortino Godinez v. SFM, LLC d/b/a Sprouts Farmers Market and the Texas Workforce Commission
Texas Workforce Commission’s Pretrial Motion to Exclude Evidence Page 2 of 4
Electronically Submitted
3/20/2024 4:07 PM
Hidalgo County Clerk
Accepted by: Sandra E. Falcon
REQUEST FOR RELIEF
Defendant Texas Workforce Commission respectfully requests this Court grant this
Motion to Exclude, hold that Plaintiff may not offer evidence of the kind described above, and
grant such other relief to which the Commission may be justly entitled.
Respectfully submitted,
KEN PAXTON
Attorney General of Texas
BRENT WEBSTER
First Assistant Attorney General
JAMES LLOYD
Deputy Attorney General for Civil Litigation
STEVEN ROBINSON
Division Chief, Tax Litigation Division
/s/ Wesley Remschel
WESLEY REMSCHEL
Assistant Attorney General
State Bar No. 24126032
Tax Litigation Division
P.O. Box 12548
Austin, Texas 78711-2548
512-574-8089
512-478-4013 (fax)
wesley.remschel@oag.texas.gov
Attorneys for Defendant
Texas Workforce Commission
1
The Texas Employment Commission (“TEC”) is TWC’s predecessor agency.
Fortino Godinez v. SFM, LLC d/b/a Sprouts Farmers Market and the Texas Workforce Commission
Texas Workforce Commission’s Pretrial Motion to Exclude Evidence Page 3 of 4
Electronically Submitted
3/20/2024 4:07 PM
Hidalgo County Clerk
Accepted by: Sandra E. Falcon
CERTIFICATE OF SERVICE
I hereby certify that on March 20, 2024, a true and correct copy of the foregoing
document was served via the Court’s ECF system to all counsel of record.
Ricardo R. Godinez
GODINEZ LAW FIRM, P.C.
2415 N. 10th Street
McAllen, Texas 78504
ric@godinezlaw.com
Attorney for Plaintiff
Tiffany Cox Stacy
Tiffany.cox@ogletree.com
Kelly E. Preston
Kelly.preston@ogletree.com
OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.
112 E. Pecan Street, Suite 2700
San Antonio, Texas 78205
Telephone: (210) 354-1300
Attorneys for Defendant SFM LLC d/b/a
Sprouts Farmers Markets
/s/ Wesley Remschel___________________
Wesley Remschel
Assistant Attorney General
Fortino Godinez v. SFM, LLC d/b/a Sprouts Farmers Market and the Texas Workforce Commission
Texas Workforce Commission’s Pretrial Motion to Exclude Evidence Page 4 of 4
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.
Saquanda Johnson on behalf of Wesley Remschel
Bar No. 24126032
saquanda.johnson@oag.texas.gov
Envelope ID: 85777115
Filing Code Description: Motion (No Fee)
Filing Description: 20240320 TWCs Mot to Exclude
Status as of 3/20/2024 4:34 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Ricardo R.Godinez ric@godinezlaw.com 3/20/2024 4:07:38 PM SENT
Associated Case Party: SFM, LLC D/B/A SPROUTS FARMERS MARKET C/O
CORPORATION SERVICE COMPANY
Name BarNumber Email TimestampSubmitted Status
Tiffany Cox Stacy 24050734 tiffany.cox@ogletree.com 3/20/2024 4:07:38 PM SENT
Kelly E.Preston Kelly.Preston@ogletree.com 3/20/2024 4:07:38 PM SENT
Christel Green SANDocketing@ogletree.com 3/20/2024 4:07:38 PM SENT
Terri L.Nugent Terri.Nugent@ogletree.com 3/20/2024 4:07:38 PM SENT
Valerie A.De La Garza valerie.delagarza@ogletree.com 3/20/2024 4:07:38 PM SENT
Associated Case Party: FortinoB.Godinez
Name BarNumber Email TimestampSubmitted Status
Evelyn Garza frontdesk@godinezlaw.com 3/20/2024 4:07:38 PM SENT
Laura P.Carrera Laura@godinezlaw.com 3/20/2024 4:07:38 PM SENT
Associated Case Party: Texas Workforce Commission c/o General Counsel
Name BarNumber Email TimestampSubmitted Status
Wesley Remschel wesley.remschel@oag.texas.gov 3/20/2024 4:07:38 PM SENT
Document Filed Date
March 20, 2024
Case Filing Date
December 18, 2018
Category
All Other Civil Cases (OCA)
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Electronically Submitted 3/20/2024 4:07 PM Hidalgo County Clerk Accepted by: Sandra E. Falcon Cause No. CL-18-7110-D Fortino Godinez, § In the County Court at Law Plaintiff, § § v. § § No. 4 § SFM, LLC d/b/a Sprouts Farmers Market § and the Texas Workforce Commission, § Defendants. § Hidalgo County, Texas DEFENDANT TEXAS WORKFORCE COMMISSION’S MOTION TO EXCLUDE Defendant Texas Workforce Commission (“Defendant” or “TWC”) files this Motion to Exclude all evidence that TWC collected money from Plaintiff pursuant to the overpayment of unemployment benefits established by TWC’s administrative decision under review in this litigation, as follows: SUMMARY Plaintiff Fortino Godinez filed this suit seeking judicial review of TWC’s administrative decision that he was terminated from his job for misconduct and overpaid unemployment benefits in the amount of $7,410.00. TWC preemptively objects and moves to exclude any evidence Plaintiff seeks to offer that TWC recovered any portion of the overpayment of unemployment benefits established by TWC’s administrative decision. This evidence is irrelevant under Tex. R. Evid. 402, because it has no tendency to make it more probable than not that there is not substantial evidence to support TWC’s decision that Plaintiff was terminated from Sprouts for misconduct. Fortino Godinez v. SFM, LLC d/b/a Sprouts Farmers Market and the Texas Workforce Commission Texas Workforce Commission’s Pretrial Motion to Exclude Evidence Page 1 of 4 Electronically Submitted 3/20/2024 4:07 PM Hidalgo County Clerk Accepted by: Sandra E. Falcon MOTION TO EXCLUDE I. Evidence that TWC Recovered Money from Plaintiff is Irrelevant. Tex. R. Evid. 401 states that evidence is relevant if it has any tendency to make a fact more or less probable than it would be without the evidence, and that fact is of consequence in determining this action. Tex. R. Evid. 401 (emphasis added). However, as TWC discussed in its motion to strike the case from the jury docket and its trial brief, suits for judicial review of TWC administrative decisions present no questions of fact. See Collingsworth Gen. Hosp. v. Hunnicutt, 988 S.W.2d 706, 708 (Tex. 1998) (“TEC 1 decisions regarding benefit payments are subject to trial de novo review in which the trial court determines whether substantial evidence supports the TEC’s ruling.”); See also RGV Concepts, Ltd. v. Texas Workforce Commission, No. 13-20- 00087-CV, 2021 WL 727012, at *2 (Tex. App.—Corpus Christi-Edinburgh Feb. 25, 2021, no pet.) (“Whether substantial evidence exists to support TWC’s decisions is a question of law.”). There is technically no evidence that is relevant in suits for judicial review of TWC administrative decisions, because there are no facts at issue that any evidence can make more or less probable. For the sake of argument, however, TWC objects to evidence Plaintiff may offer that TWC recovered any portion of the overpayment of unemployment benefits established by TWC’s administrative decision. This evidence is irrelevant and inadmissible under Tex. R. Evid. 401 and 402. TWC’s decision found that Plaintiff was discharged from Sprouts for misconduct. Whether TWC recovered any portion of the benefits that were improperly paid to Plaintiff is irrelevant because it does not make it more probable than not that Plaintiff was not discharged for misconduct. Fortino Godinez v. SFM, LLC d/b/a Sprouts Farmers Market and the Texas Workforce Commission Texas Workforce Commission’s Pretrial Motion to Exclude Evidence Page 2 of 4 Electronically Submitted 3/20/2024 4:07 PM Hidalgo County Clerk Accepted by: Sandra E. Falcon REQUEST FOR RELIEF Defendant Texas Workforce Commission respectfully requests this Court grant this Motion to Exclude, hold that Plaintiff may not offer evidence of the kind described above, and grant such other relief to which the Commission may be justly entitled. Respectfully submitted, KEN PAXTON Attorney General of Texas BRENT WEBSTER First Assistant Attorney General JAMES LLOYD Deputy Attorney General for Civil Litigation STEVEN ROBINSON Division Chief, Tax Litigation Division /s/ Wesley Remschel WESLEY REMSCHEL Assistant Attorney General State Bar No. 24126032 Tax Litigation Division P.O. Box 12548 Austin, Texas 78711-2548 512-574-8089 512-478-4013 (fax) wesley.remschel@oag.texas.gov Attorneys for Defendant Texas Workforce Commission 1 The Texas Employment Commission (“TEC”) is TWC’s predecessor agency. Fortino Godinez v. SFM, LLC d/b/a Sprouts Farmers Market and the Texas Workforce Commission Texas Workforce Commission’s Pretrial Motion to Exclude Evidence Page 3 of 4 Electronically Submitted 3/20/2024 4:07 PM Hidalgo County Clerk Accepted by: Sandra E. Falcon CERTIFICATE OF SERVICE I hereby certify that on March 20, 2024, a true and correct copy of the foregoing document was served via the Court’s ECF system to all counsel of record. Ricardo R. Godinez GODINEZ LAW FIRM, P.C. 2415 N. 10th Street McAllen, Texas 78504 ric@godinezlaw.com Attorney for Plaintiff Tiffany Cox Stacy Tiffany.cox@ogletree.com Kelly E. Preston Kelly.preston@ogletree.com OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 112 E. Pecan Street, Suite 2700 San Antonio, Texas 78205 Telephone: (210) 354-1300 Attorneys for Defendant SFM LLC d/b/a Sprouts Farmers Markets /s/ Wesley Remschel___________________ Wesley Remschel Assistant Attorney General Fortino Godinez v. SFM, LLC d/b/a Sprouts Farmers Market and the Texas Workforce Commission Texas Workforce Commission’s Pretrial Motion to Exclude Evidence Page 4 of 4 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. Saquanda Johnson on behalf of Wesley Remschel Bar No. 24126032 saquanda.johnson@oag.texas.gov Envelope ID: 85777115 Filing Code Description: Motion (No Fee) Filing Description: 20240320 TWCs Mot to Exclude Status as of 3/20/2024 4:34 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Ricardo R.Godinez ric@godinezlaw.com 3/20/2024 4:07:38 PM SENT Associated Case Party: SFM, LLC D/B/A SPROUTS FARMERS MARKET C/O CORPORATION SERVICE COMPANY Name BarNumber Email TimestampSubmitted Status Tiffany Cox Stacy 24050734 tiffany.cox@ogletree.com 3/20/2024 4:07:38 PM SENT Kelly E.Preston Kelly.Preston@ogletree.com 3/20/2024 4:07:38 PM SENT Christel Green SANDocketing@ogletree.com 3/20/2024 4:07:38 PM SENT Terri L.Nugent Terri.Nugent@ogletree.com 3/20/2024 4:07:38 PM SENT Valerie A.De La Garza valerie.delagarza@ogletree.com 3/20/2024 4:07:38 PM SENT Associated Case Party: FortinoB.Godinez Name BarNumber Email TimestampSubmitted Status Evelyn Garza frontdesk@godinezlaw.com 3/20/2024 4:07:38 PM SENT Laura P.Carrera Laura@godinezlaw.com 3/20/2024 4:07:38 PM SENT Associated Case Party: Texas Workforce Commission c/o General Counsel Name BarNumber Email TimestampSubmitted Status Wesley Remschel wesley.remschel@oag.texas.gov 3/20/2024 4:07:38 PM SENT