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Electronically Filed
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Hidalgo County District Clerks
Reviewed By: Victor Castro
CAUSE NO. C-0065-24-M
IRMA MORENO and ZAYA ZAVALA § IN THE DISTRICT COURT
VS.
HIDALGO COUNTY, TEXAS
7-ELEVEN, INC. d/b/a STRIPES and
JUAN FRANCISCO BRIONES 476th JUDICIAL COURT
DEFENDANT 7-ELEVEN INC.’S MOTION FOR LEAVE TO DESIGNATE
RESPONSIBLE THIRD PARTIES
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Defendant 7-Eleven, Inc. (“Defendant”), and pursuant to Texas Civil
Practice and Remedies Code Section 33.004, files this its Motion for Leave to Designate Spectrum
Gulf Coast, LLC, Ruben Cardenas Trevino, Jr., Southwestern Bell Telephone Company d/b/a
AT&T Texas, AT&T Corp., AT&T, Inc., A&S Communications, Inc., Anacleto Lopez and
SPECTRUM GULF COAST, LLC, as Responsible Third Parties.
I BACKGROUND
. In accordance with the rules, this motion is being filed more than sixty days
before the trial of this case.
This motion addresses the damages and injuries claimed by Plaintiff Irma
Moreno only.
Defendant reserves its right to file additional Motions for Leave to Designate
Responsible Third Parties in connection with Plaintiff Zaya Zavala’s claims if
need be.!
A, Irma Moreno’s Allegations against 7-Eleven, Inc.
' Plaintiff Moreno was the original and only Plaintiff. Plaintiff Zavala was recently added to the lawsuit. Pending
before the trial court is Defendant’s Plea to the Jurisdiction challenging Plaintiff Zavala’s claims.
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Plaintiff Irma Moreno aka Irma Bustamante aka Irma Cardenas claims that while
visiting a Stripes convenience store, on November 21, 2023, at 5600 N Ware Road,
McAllen, Texas 78504, she was sexually assaulted by Defendant’s employee, Juan
Briones.
She has sued Defendant and Juan Briones for negligence, gross negligence,
premises liability, battery, assault, negligent training, supervision, and hiring, among other
things.
She is claiming she suffered serious injuries and has sued 7-Eleven Inc. for damages
over $ 1,000,000.00. As a proximate result of the assault, Plaintiff maintains she suffered
extensive injuries and damages including the following damages:
a. Medical expenses in the past and future;
b. Lost wages in the past and future;
c. Physical pain and suffering in the past and future;
d. Mental anguish in the past and future;
e. Disfigurement in the past and future;
f. Attorneys’ fees
g. Physical impairment in the past and future; and
h. Loss of consortium in the past and future.
B. Irma Moreno’s Allegations Against Cable Providers
However, prior to the alleged assault incident of November 21, 2023, Plaintiff
maintains she also suffered catastrophic injuries as a result of a trip and fall that happened in
her backyard on or about December 2019.
More specifically, Plaintiff complained to both AT&T and Charter Communications
about exposed cable wires in Plaintiff's backyard. An exposed orange wire belonging to
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Charter extended from a broken box on the west side of Plaintiff's house. The broken box
was labeled ‘Spectrum,’ a Charter brand. The exposed orange wire continued to the
northeastern corner of Plaintiff's backyard. The northeastern corner of Plaintiffs backyard
also held a utility pedestal owned and operated by AT&T. From the AT&T pedestal came
an exposed black wire that haphazardly hung over Plaintiffs backyard fence. From August
2019 to December 2020, Plaintiff repeatedly complained to AT&T and Charter about the
exposed wires. Plaintiff specifically requested Charter bury the exposed orange wire
running through Plaintiff's backyard. Charter and AT&T refused.
On December 19, 2020, Plaintiff attempted to clean trash in the northeast corner of
her backyard. Plaintiff's foot became tangled in the orange and black wires. Plaintiff fell
and struck her head on AT&T’s pedestal. Plaintiff was admitted to the hospital where an
emergency craniotomy was performed. As a proximate result of the trip and fall, Plaintiff
maintains she suffered extensive injuries and damages including the following damages:
a. Medical expenses in the past and future;
b. Lost wages in the past and future;
c. Physical pain and suffering in the past and future;
d. Mental anguish in the past and future;
e. Disfigurement in the past and future;
f. Attorneys’ fees
g. Physical impairment in the past and future; and
h. Loss of consortium in the past and future.
Allegations against Ruben Cardenas Trevino Jr.
C. Irma Moreno’s allegations against ex-husband Ruben Cardenas Trevino, Jr.
Plaintiff
was married to Ruben Cardenas Trevino Jr.
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Mr. Cardenas filed a petition for divorce in the 332" Judicial District Court.
The divorce was granted.
After the divorce was granted, Plaintiff filed papers in the 332" District Court
where she accused her ex-husband of having committed emotional, physical, and sexual
violence against her during their marriage.
7-Eleven, Inc., now moves to designate the above-referenced service providers and
Ruben Cardenas Trevino, Jr., as responsible third parties in this lawsuit.
Il. RESPONSIBLE THIRD PARTY
Defendant 7-Eleven, Inc. asserts that Spectrum Gulf Coast, LLC, Ruben Cardenas Trevino,
Jr., Southwestern Bell Telephone Company d/b/a AT&T Texas, AT&T Corp., AT&T, Inc., A&S
Communications, Inc., Anacleto Lopez and SPECTRUM GULF COAST, LLC, are responsible
third parties, or at least partially responsible, for Plaintiff's injuries and damages.
Consistent with the allegations in Plaintiff’s Petition, the jury is entitled to consider the
proportionate responsibility of each person responsible for the Plaintiff's injuries, whether named
as a Defendant in this lawsuit or otherwise.
These responsible third parties caused Plaintiff physical and emotional injuries and
damages of the economic and non-economic kind.
Subject to and without waiver of its general denial and all defenses previously asserted,
and without admission of any allegation in Plaintiff's petition, to the extent the jury finds that
Plaintiff was initially injured or harmed by the conduct of Spectrum Gulf Coast, LLC, Ruben
Cardenas Trevino, Jr., Southwestern Bell Telephone Company d/b/a AT&T Texas, AT&T Corp.,
AT&T, Inc., A&S Communications, Inc., Anacleto Lopez and SPECTRUM GULF COAST, LLC,
pursuant to Texas Civil Practice and Remedies Code Section 33.004, Defendant 7-Eleven Inc.
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seeks leave to designate each of them as having caused or having contributed to Plaintiff's injuries
and harm, so that their comparative fault may also be considered by the jury with respect to all of
the injuries sustained by Plaintiff.
Defendant 7-Eleven Inc. reserves its right to amend this designation of responsible third
parties to include any additional responsible third parties whose identity may be discovered as the
parties engage in discovery.
III. CONDUCT REQUIRING DESIGNATION
In her Spectrum lawsuit, Plaintiff alleged the following facts:
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Hidalgo County District Clerks
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Therefore, this designation is timely and proper because it identifies the responsible third
parties and also sets out the acts and omissions of the responsible third parties and how it is that
the responsible third parties caused harm to Plaintiff. See Chapter 33 of the Texas Civil Practices
and Remedies Code.
Sec. 33.001. PROPORTIONATE RESPONSIBILITY.
In an action to which this chapter applies, a claimant may not recover damages if his
percentage of responsibility is greater than 50 percent.
Sec. 33.002. APPLICABILITY.
(a) This chapter applies to:
(1) any cause of action based on tort in which a defendant, settling person, or responsible
third party is found responsible for a percentage of the harm for which relief is sought; or
(2) any action brought under the Deceptive Trade Practices-Consumer Protection Act
(Subchapter E, Chapter 17, Business & Commerce Code) in which a defendant, settling person,
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or responsible third party is found responsible for a percentage of the harm for which relief is
sought.
Sec. 33.004. DESIGNATION OF RESPONSIBLE THIRD PARTY.
(a) A defendant may seek to designate a person as a responsible third party by
filing a motion for leave to designate that person as a responsible third party. The
motion must be filed on or before the 60th day before the trial date unless the
court finds good cause to allow the motion to be filed at a later date.
(f) A court shall grant leave to designate the named person as a responsible third
party unless another party files an objection to the motion for leave on or before
the 15th day after the date the motion is served.
(g) If.an objection to the motion for leave is timely filed, the court shall grant
leave to designate the person as a responsible third party unless the objecting party
establishes:
() the defendant did_not_plead_sufficient_facts_ concerning the alleged
‘esponsibility of the person to satisfy the pleading requirement of the Texas Rules
of Civil Procedure; and
(2) after having been granted leave to replead, the defendant failed to plead
sufficient facts concerning the alleged responsibility of the person to satisfy the
pleading requirements of the Texas Rules of Civil Procedure.
In this instance, 7-Eleven has timely filed a properly pled Motion for Leave to Designate
Responsible Third Parties. In fact, Texas Civ. P. Rem. Code, Chapter 33, Section 33.004 was
designed to allow the jury to consider and determine whether claimants, defendants, settling
persons, or other responsible third parties caused or contributed in any way to the harm for
which recovery of damages is sought.
Section 33.004 simply requires a Defendant who seeks designation to 1) file its motion for
leave on or before the 60th day before the trial date, and to 2) plead sufficient facts concerning the
alleged responsibility of the responsible third party.
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The Court has no discretion to outright deny the motion.
Moreover, a majority of appellate courts have held that when a timely filed motion to
designate is erroneously denied, there is no adequate remedy by traditional appeal. See In re
H.E.B. Grocery Co., L.P., 492 S.W.3d 300, 304 (Tex. 2016). It is also an abuse of discretion to
deny a timely filed motion to designate RTPs for engaging in the wrong analysis. See In re Coppola,
535 S.W.3d 506, 2017 Tex. LEXIS 1150, Jn re NCS Multistage, LLC, 2021 Tex. App. LEXIS
8352, In re Bustamante, 510 S.W.3d 732, 2016 Tex. App. LEXIS 12506, In re Cook, 629 S.W.3d
591, 2021 Tex. App. LEXIS 3268, In re Mod. Senior Living, LLC, 2022 Tex. App. LEXIS 4166.
The statute only requires the trial court to determine whether 7-Eleven’s Motion for Leave
to Designate was:
1) timely filed; and
2) whether it pled sufficient facts to give opposing counsel fair notice of how it was that the
Non-Party contributed to the harm claimed. See In re Coppola, 535 S.W.3d 506, 2017 Tex. LEXIS
1150 (trial court had no discretion to deny a timely filed motion without first granting an
opportunity to replead to cure any defects); See In re NCS Multistage, LLC, 2021 Tex. App.
LEXIS 8352 (trial court committed a clear abuse of discretion in striking the LLC's designation as
the LLC was contemplated to be a responsible third party under statute); See In re Bustamante,
510 S.W.3d 732, 2016 Tex. App. LEXIS 12506 (trial court abused its discretion by denying timely
filed motion for leave to designate responsible third party when Plaintiff did not challenge facts
pled and there was no basis for denying designation); See In re Cook, 629 S.W.3d 591, 2021 Tex.
App. LEXIS 3268 (Relators gave fair notice that non-party caused or contributed to harm for which
recovery was sought and the trial court abused its discretion by denying timely motion for leave
to designate); See In re Mod. Senior Living, LLC, 2022 Tex. App. LEXIS 4166 (trial court erred
D’s RTPs 10
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by denying relator's motion to designate a responsible third party despite relator’s failing to meet
its discovery obligations in a timely manner).
Here, in both lawsuits, Plaintiff is claiming the same injuries and is suing for damages in
excess of $ 1,000,000.00.
In both the 7-Eleven and the Spectrum case, she is also seeking the same recovery for :
a. Medical expenses in the past and future;
b. Lost wages in the past and future;
c. Physical pain and suffering in the past and future;
d. Mental anguish in the past and future;
e. Disfigurement in the past and future;
f. Attorneys’ fees
g. Physical impairment in the past and future; and
h. Loss of consortium in the past and future.
Because these damages overlap, and they were similarly caused, allegedly, by 7-Eleven,
Briones, and all the Responsible Third Parties, the jury will be charged with figuring out how is each
party responsible and in what proportional percentage.”
Likewise, the jury will have to dissect each category of damages and figure out who did what,
how so, and for how long.
Thus, having met the timeliness requirements, 7-Eleven has also complied with the
pleading sufficiency requirements, as shown in the Conduct Requiring Designation Section of this
motion.
IV. PRAYER
? The test is “responsibility” not liability. These are two different concepts and we don’t concern ourselves with
liability or whether any of the RTPs has viable defenses, or whether there’s causation or whether the SOL has run.
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Hidalgo County District Clerks
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WHEREFORE PREMISES CONSIDERED, Defendant 7-Eleven, Inc., prays that
Spectrum Gulf Coast, LLC, Ruben Cardenas Trevino, Jr., Southwestern Bell Telephone Company
d/b/a AT&T Texas, AT&T Corp., AT&T, Inc., A&S Communications, Inc., Anacleto Lopez and
SPECTRUM GULF COAST, LLC, be designated as responsible third parties and for such other
and further relief, either at law or in equity, to which Defendant 7-Eleven may be justly entitled.
Respectfully submitted,
DORSETT JOHNSON & CISNEROS
?
eee
Fg
C. Robert Dorsett, Jr.
State Bar No. 24029524
Jessica A. Putonti
State Bar No. 24041295
Carlos H. Cisneros
State Bar No. 00793508
3503 Wild Cherry Drive, Bldg. 6
Austin, Texas 78738
Telephone: (512) 600-4365
Facsimile: (512) 266-3655
E-mail: eservice@dorsettjohnson.com
ATTORNEYS FOR DEFENDANT
7-ELEVEN, INC.
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CERTIFICATE OF SERVICE
Pursuant to Texas Rules of Civil Procedure 21 and 21a, a true and correct copy of the
foregoing has been served upon all counsel of record, via ProDoc E-Service and Electronic Mail,
on this the 22nd day of March 2024.
Israel Garcia Perez III
Israel Perez Law, PLLC
P.O. Box 260
Fate, Texas 75132
israel.perez@israelperezlaw.com
gabriela@israelperezlaw.com
Attorneys for Plaintiff
Analisa Figueroa
Law Office of Analisa Figueroa, PLLC
514 Paredes Avenue, Suite H
Brownsville, Texas 78521
analisa@afigueroalaw.com
Attorney for Defendant Juan Briones
Carlos H. Cisneros
D’s RTPs 13
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.
Dayna Coulter on behalf of C. Dorsett, J r.
Bar No. 24029524
dcoulter@ dorsettjohnson.com
Envelope ID: 85879990
Filing Code Description: Motion (No Fee)
Filing Description: Motion for Leave RTP
Status as of 3/25/2024 8:03 AM CST
Associated Case Party: J uan Briones
Name BarNumber | Email TimestampS ubmitted | Status
Analisa Figueroa analisa@ afigueroalaw.com | 3/22/2024 4:56:50 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Dorsett Dorsett eservice@ dorsettjohnson.com 3/22/2024 4:56:50 PM SENT
Analisa Figueroa | 24040897 Analisa@ afigueroalaw.com 3/22/2024 4:56:50 PM SENT
J essica Putonti jputonti@ dorsettjohnson.com 3/22/2024 4:56:50 PM SENT
Carlos Cisneros ccisneros@ dorsettjohnson.com 3/22/2024 4:56:50 PM SENT
Associated Case Party: Irma Moreno
Name BarNumber | Email TimestampS ubmitted Status
Israel Perez israel.perez@ israelperezlaw.com | 3/22/2024 4:56:50 PM SENT
Aurora Montemayor aurora@ israelperezlaw.com 3/22/2024 4:56:50 PM SENT
Gabriela Lopez gabriela@ israelperezlaw.com 3/22/2024 4:56:50 PM SENT
Preview
Electronically Filed 3/22/2024 4:56 PM Hidalgo County District Clerks Reviewed By: Victor Castro CAUSE NO. C-0065-24-M IRMA MORENO and ZAYA ZAVALA § IN THE DISTRICT COURT VS. HIDALGO COUNTY, TEXAS 7-ELEVEN, INC. d/b/a STRIPES and JUAN FRANCISCO BRIONES 476th JUDICIAL COURT DEFENDANT 7-ELEVEN INC.’S MOTION FOR LEAVE TO DESIGNATE RESPONSIBLE THIRD PARTIES TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Defendant 7-Eleven, Inc. (“Defendant”), and pursuant to Texas Civil Practice and Remedies Code Section 33.004, files this its Motion for Leave to Designate Spectrum Gulf Coast, LLC, Ruben Cardenas Trevino, Jr., Southwestern Bell Telephone Company d/b/a AT&T Texas, AT&T Corp., AT&T, Inc., A&S Communications, Inc., Anacleto Lopez and SPECTRUM GULF COAST, LLC, as Responsible Third Parties. I BACKGROUND . In accordance with the rules, this motion is being filed more than sixty days before the trial of this case. This motion addresses the damages and injuries claimed by Plaintiff Irma Moreno only. Defendant reserves its right to file additional Motions for Leave to Designate Responsible Third Parties in connection with Plaintiff Zaya Zavala’s claims if need be.! A, Irma Moreno’s Allegations against 7-Eleven, Inc. ' Plaintiff Moreno was the original and only Plaintiff. Plaintiff Zavala was recently added to the lawsuit. Pending before the trial court is Defendant’s Plea to the Jurisdiction challenging Plaintiff Zavala’s claims. D’s RTPs Electronically Filed 3/22/2024 4:56 PM Hidalgo County District Clerks Reviewed By: Victor Castro Plaintiff Irma Moreno aka Irma Bustamante aka Irma Cardenas claims that while visiting a Stripes convenience store, on November 21, 2023, at 5600 N Ware Road, McAllen, Texas 78504, she was sexually assaulted by Defendant’s employee, Juan Briones. She has sued Defendant and Juan Briones for negligence, gross negligence, premises liability, battery, assault, negligent training, supervision, and hiring, among other things. She is claiming she suffered serious injuries and has sued 7-Eleven Inc. for damages over $ 1,000,000.00. As a proximate result of the assault, Plaintiff maintains she suffered extensive injuries and damages including the following damages: a. Medical expenses in the past and future; b. Lost wages in the past and future; c. Physical pain and suffering in the past and future; d. Mental anguish in the past and future; e. Disfigurement in the past and future; f. Attorneys’ fees g. Physical impairment in the past and future; and h. Loss of consortium in the past and future. B. Irma Moreno’s Allegations Against Cable Providers However, prior to the alleged assault incident of November 21, 2023, Plaintiff maintains she also suffered catastrophic injuries as a result of a trip and fall that happened in her backyard on or about December 2019. More specifically, Plaintiff complained to both AT&T and Charter Communications about exposed cable wires in Plaintiff's backyard. An exposed orange wire belonging to D’s RTPs Electronically Filed 3/22/2024 4:56 PM Hidalgo County District Clerks Reviewed By: Victor Castro Charter extended from a broken box on the west side of Plaintiff's house. The broken box was labeled ‘Spectrum,’ a Charter brand. The exposed orange wire continued to the northeastern corner of Plaintiff's backyard. The northeastern corner of Plaintiffs backyard also held a utility pedestal owned and operated by AT&T. From the AT&T pedestal came an exposed black wire that haphazardly hung over Plaintiffs backyard fence. From August 2019 to December 2020, Plaintiff repeatedly complained to AT&T and Charter about the exposed wires. Plaintiff specifically requested Charter bury the exposed orange wire running through Plaintiff's backyard. Charter and AT&T refused. On December 19, 2020, Plaintiff attempted to clean trash in the northeast corner of her backyard. Plaintiff's foot became tangled in the orange and black wires. Plaintiff fell and struck her head on AT&T’s pedestal. Plaintiff was admitted to the hospital where an emergency craniotomy was performed. As a proximate result of the trip and fall, Plaintiff maintains she suffered extensive injuries and damages including the following damages: a. Medical expenses in the past and future; b. Lost wages in the past and future; c. Physical pain and suffering in the past and future; d. Mental anguish in the past and future; e. Disfigurement in the past and future; f. Attorneys’ fees g. Physical impairment in the past and future; and h. Loss of consortium in the past and future. Allegations against Ruben Cardenas Trevino Jr. C. Irma Moreno’s allegations against ex-husband Ruben Cardenas Trevino, Jr. Plaintiff was married to Ruben Cardenas Trevino Jr. D’s RTPs Electronically Filed 3/22/2024 4:56 PM Hidalgo County District Clerks Reviewed By: Victor Castro Mr. Cardenas filed a petition for divorce in the 332" Judicial District Court. The divorce was granted. After the divorce was granted, Plaintiff filed papers in the 332" District Court where she accused her ex-husband of having committed emotional, physical, and sexual violence against her during their marriage. 7-Eleven, Inc., now moves to designate the above-referenced service providers and Ruben Cardenas Trevino, Jr., as responsible third parties in this lawsuit. Il. RESPONSIBLE THIRD PARTY Defendant 7-Eleven, Inc. asserts that Spectrum Gulf Coast, LLC, Ruben Cardenas Trevino, Jr., Southwestern Bell Telephone Company d/b/a AT&T Texas, AT&T Corp., AT&T, Inc., A&S Communications, Inc., Anacleto Lopez and SPECTRUM GULF COAST, LLC, are responsible third parties, or at least partially responsible, for Plaintiff's injuries and damages. Consistent with the allegations in Plaintiff’s Petition, the jury is entitled to consider the proportionate responsibility of each person responsible for the Plaintiff's injuries, whether named as a Defendant in this lawsuit or otherwise. These responsible third parties caused Plaintiff physical and emotional injuries and damages of the economic and non-economic kind. Subject to and without waiver of its general denial and all defenses previously asserted, and without admission of any allegation in Plaintiff's petition, to the extent the jury finds that Plaintiff was initially injured or harmed by the conduct of Spectrum Gulf Coast, LLC, Ruben Cardenas Trevino, Jr., Southwestern Bell Telephone Company d/b/a AT&T Texas, AT&T Corp., AT&T, Inc., A&S Communications, Inc., Anacleto Lopez and SPECTRUM GULF COAST, LLC, pursuant to Texas Civil Practice and Remedies Code Section 33.004, Defendant 7-Eleven Inc. D’s RTPs Electronically Filed 3/22/2024 4:56 PM Hidalgo County District Clerks Reviewed By: Victor Castro seeks leave to designate each of them as having caused or having contributed to Plaintiff's injuries and harm, so that their comparative fault may also be considered by the jury with respect to all of the injuries sustained by Plaintiff. Defendant 7-Eleven Inc. reserves its right to amend this designation of responsible third parties to include any additional responsible third parties whose identity may be discovered as the parties engage in discovery. III. CONDUCT REQUIRING DESIGNATION In her Spectrum lawsuit, Plaintiff alleged the following facts: Siw vy todlorenovspecrs. X + Gee Oone Altoke Edt Carve Ein ritetoek Q B O B isn Cate casa220 Q crs 12 In Aon of 2018, Pini complained fo bth ATAand Chater about exposed o cable wie in Pla’ backyard. An expose range wire belonging fo Carer extended fom ‘rakes box a the wet sik of Panis Lowe. The bake box was need Spt’ 2 Chater and The exposed orange wie coined othe motestem comer of Pas tacky 18 Th orbs comer of i's backyard as ea ty pedestal onned and pred by ATT From the ATT pees came an exposed back wie at haphasdly hang er lai stacyee 14 From Angst of 2019 to Deer of 200, Pl petal coplaiaed to ATAT nd Cite abut he exposed mrs aif pecially equ Chrar bry te exposed ange we runing trongh Plas backyard. Chartrand ATT refed uw r D’s RTPs Electronically Filed 3/22/2024 4:56 PM Hidalgo County District Clerks Reviewed By: Victor Castro Soe ty ia norenov Specs x [+ Gone oowe - a x Aol Gt Garver Sin oo Fadteortott Q °° @ GED a S 19, Asa prosinate result of ATT and Chare’s negligence, Plaintiff sutered extensive injures and damages. Asa result of Paint’ injures, Plain sutfered the following damages: Medical expenses in the past and fe; ® a oi eee Ei In her divorce, Plaintiff made the following claims: Sime |) imeMarmovspecrum tle. YY Exttatendpat x (ewe on#e - twos eat convert Eien mimoms QBS ae Ss @ vacover ‘Sow be pe tok ey sgsancont @ & < epan Irma Moreno November 27, 2022 -@ a FEE 2 ieee ce 5 a D’s RTPs Electronically Filed 3/22/2024 4:56 PM Hidalgo County District Clerks Reviewed By: Victor Castro Erow [Qo momometeraj. x (+ Gm Oon#@ = o x tools ft Comet sign Fedwtenk Q BAB Qe cy © Viste cinscelonc wih be OFA Soni antsbenopetedia! nhs peed Guam) = 5 0 E LED AT. O'CLOCK phy o a4 JUL 48 2843 et Be Xs Wed Jaly 1th 8023 oveny 2. your Honor Sudge Ramirez mano 5a, | a with all Que Reseect = Se First and foremost Please ovcuse me be writing 40 You this handwritten jeter instead of a More formal ond stylish otbyle fe pleore exow' me my Parents phe bougnt and raised me only wok me ye 40 at? grade in semood and education, * = The reason for the }{Ns letter rs a regarding my diverce ith Ruben Cardenas Trevinek pe TZ didoant + Nave a trial By dury Te hear ay Cus abt yy rare ing e with Ruchen Casdents Please forgive me got aa in eo Oe tas _ Sime y taterenastetero x Ge on#e . a x ols Ea convert eign nemo 2 © E> CLD (© [ve ain eye wa rors nd kab opal nado ren am Game] oo Team & wWithm of Py siy@a lL _ound” a FY & \ nw Curd hydidthe o 6 dX amlSova Wis assu 1+ Cugrges ? tho DA a Sajd_ ekanse yo Wis yop nits oF 455 only 2 DwWt Omar ges. wom ay Son Was Wh Nos yak no. WAS Onars oh on_a_lboac —Seaol Use ond out up with his Case « 5 rary Ward Aime yo Od york 0 el pyre Bessa P Typeheret D’s RTPs Electronically Filed 3/22/2024 4:56 PM Hidalgo County District Clerks Reviewed By: Victor Castro Sime Ye tatrenarteteri. x OF Gwe oone - a x Altols Eat Convert ign Fd tet ortals Q. oo° @a=D © We ims conpice thorn tnd da be opened pete meson (Gaze) » OQ oF Tie. Pr aly theres of a ol m mot. Ruben Cardenas Wire no 5 o end Vine, Zoo mm +o byl wale| fyiia a wad Woe WOT ar ula | 4 \ No Lo “ t Yo O “Avy ol Bu Aust Plumas | take , yr wwess 1 1ytd_Co ASiderattons 7 # | a Dinter gly, e —_— sews Wor 2 Paty se n00in Therefore, this designation is timely and proper because it identifies the responsible third parties and also sets out the acts and omissions of the responsible third parties and how it is that the responsible third parties caused harm to Plaintiff. See Chapter 33 of the Texas Civil Practices and Remedies Code. Sec. 33.001. PROPORTIONATE RESPONSIBILITY. In an action to which this chapter applies, a claimant may not recover damages if his percentage of responsibility is greater than 50 percent. Sec. 33.002. APPLICABILITY. (a) This chapter applies to: (1) any cause of action based on tort in which a defendant, settling person, or responsible third party is found responsible for a percentage of the harm for which relief is sought; or (2) any action brought under the Deceptive Trade Practices-Consumer Protection Act (Subchapter E, Chapter 17, Business & Commerce Code) in which a defendant, settling person, D’s RTPs Electronically Filed 3/22/2024 4:56 PM Hidalgo County District Clerks Reviewed By: Victor Castro or responsible third party is found responsible for a percentage of the harm for which relief is sought. Sec. 33.004. DESIGNATION OF RESPONSIBLE THIRD PARTY. (a) A defendant may seek to designate a person as a responsible third party by filing a motion for leave to designate that person as a responsible third party. The motion must be filed on or before the 60th day before the trial date unless the court finds good cause to allow the motion to be filed at a later date. (f) A court shall grant leave to designate the named person as a responsible third party unless another party files an objection to the motion for leave on or before the 15th day after the date the motion is served. (g) If.an objection to the motion for leave is timely filed, the court shall grant leave to designate the person as a responsible third party unless the objecting party establishes: () the defendant did_not_plead_sufficient_facts_ concerning the alleged ‘esponsibility of the person to satisfy the pleading requirement of the Texas Rules of Civil Procedure; and (2) after having been granted leave to replead, the defendant failed to plead sufficient facts concerning the alleged responsibility of the person to satisfy the pleading requirements of the Texas Rules of Civil Procedure. In this instance, 7-Eleven has timely filed a properly pled Motion for Leave to Designate Responsible Third Parties. In fact, Texas Civ. P. Rem. Code, Chapter 33, Section 33.004 was designed to allow the jury to consider and determine whether claimants, defendants, settling persons, or other responsible third parties caused or contributed in any way to the harm for which recovery of damages is sought. Section 33.004 simply requires a Defendant who seeks designation to 1) file its motion for leave on or before the 60th day before the trial date, and to 2) plead sufficient facts concerning the alleged responsibility of the responsible third party. D’s RTPs Electronically Filed 3/22/2024 4:56 PM Hidalgo County District Clerks Reviewed By: Victor Castro The Court has no discretion to outright deny the motion. Moreover, a majority of appellate courts have held that when a timely filed motion to designate is erroneously denied, there is no adequate remedy by traditional appeal. See In re H.E.B. Grocery Co., L.P., 492 S.W.3d 300, 304 (Tex. 2016). It is also an abuse of discretion to deny a timely filed motion to designate RTPs for engaging in the wrong analysis. See In re Coppola, 535 S.W.3d 506, 2017 Tex. LEXIS 1150, Jn re NCS Multistage, LLC, 2021 Tex. App. LEXIS 8352, In re Bustamante, 510 S.W.3d 732, 2016 Tex. App. LEXIS 12506, In re Cook, 629 S.W.3d 591, 2021 Tex. App. LEXIS 3268, In re Mod. Senior Living, LLC, 2022 Tex. App. LEXIS 4166. The statute only requires the trial court to determine whether 7-Eleven’s Motion for Leave to Designate was: 1) timely filed; and 2) whether it pled sufficient facts to give opposing counsel fair notice of how it was that the Non-Party contributed to the harm claimed. See In re Coppola, 535 S.W.3d 506, 2017 Tex. LEXIS 1150 (trial court had no discretion to deny a timely filed motion without first granting an opportunity to replead to cure any defects); See In re NCS Multistage, LLC, 2021 Tex. App. LEXIS 8352 (trial court committed a clear abuse of discretion in striking the LLC's designation as the LLC was contemplated to be a responsible third party under statute); See In re Bustamante, 510 S.W.3d 732, 2016 Tex. App. LEXIS 12506 (trial court abused its discretion by denying timely filed motion for leave to designate responsible third party when Plaintiff did not challenge facts pled and there was no basis for denying designation); See In re Cook, 629 S.W.3d 591, 2021 Tex. App. LEXIS 3268 (Relators gave fair notice that non-party caused or contributed to harm for which recovery was sought and the trial court abused its discretion by denying timely motion for leave to designate); See In re Mod. Senior Living, LLC, 2022 Tex. App. LEXIS 4166 (trial court erred D’s RTPs 10 Electronically Filed 3/22/2024 4:56 PM Hidalgo County District Clerks Reviewed By: Victor Castro by denying relator's motion to designate a responsible third party despite relator’s failing to meet its discovery obligations in a timely manner). Here, in both lawsuits, Plaintiff is claiming the same injuries and is suing for damages in excess of $ 1,000,000.00. In both the 7-Eleven and the Spectrum case, she is also seeking the same recovery for : a. Medical expenses in the past and future; b. Lost wages in the past and future; c. Physical pain and suffering in the past and future; d. Mental anguish in the past and future; e. Disfigurement in the past and future; f. Attorneys’ fees g. Physical impairment in the past and future; and h. Loss of consortium in the past and future. Because these damages overlap, and they were similarly caused, allegedly, by 7-Eleven, Briones, and all the Responsible Third Parties, the jury will be charged with figuring out how is each party responsible and in what proportional percentage.” Likewise, the jury will have to dissect each category of damages and figure out who did what, how so, and for how long. Thus, having met the timeliness requirements, 7-Eleven has also complied with the pleading sufficiency requirements, as shown in the Conduct Requiring Designation Section of this motion. IV. PRAYER ? The test is “responsibility” not liability. These are two different concepts and we don’t concern ourselves with liability or whether any of the RTPs has viable defenses, or whether there’s causation or whether the SOL has run. D’s RTPs 11 Electronically Filed 3/22/2024 4:56 PM Hidalgo County District Clerks Reviewed By: Victor Castro WHEREFORE PREMISES CONSIDERED, Defendant 7-Eleven, Inc., prays that Spectrum Gulf Coast, LLC, Ruben Cardenas Trevino, Jr., Southwestern Bell Telephone Company d/b/a AT&T Texas, AT&T Corp., AT&T, Inc., A&S Communications, Inc., Anacleto Lopez and SPECTRUM GULF COAST, LLC, be designated as responsible third parties and for such other and further relief, either at law or in equity, to which Defendant 7-Eleven may be justly entitled. Respectfully submitted, DORSETT JOHNSON & CISNEROS ? eee Fg C. Robert Dorsett, Jr. State Bar No. 24029524 Jessica A. Putonti State Bar No. 24041295 Carlos H. Cisneros State Bar No. 00793508 3503 Wild Cherry Drive, Bldg. 6 Austin, Texas 78738 Telephone: (512) 600-4365 Facsimile: (512) 266-3655 E-mail: eservice@dorsettjohnson.com ATTORNEYS FOR DEFENDANT 7-ELEVEN, INC. D’s RTPs 12 Electronically Filed 3/22/2024 4:56 PM Hidalgo County District Clerks Reviewed By: Victor Castro CERTIFICATE OF SERVICE Pursuant to Texas Rules of Civil Procedure 21 and 21a, a true and correct copy of the foregoing has been served upon all counsel of record, via ProDoc E-Service and Electronic Mail, on this the 22nd day of March 2024. Israel Garcia Perez III Israel Perez Law, PLLC P.O. Box 260 Fate, Texas 75132 israel.perez@israelperezlaw.com gabriela@israelperezlaw.com Attorneys for Plaintiff Analisa Figueroa Law Office of Analisa Figueroa, PLLC 514 Paredes Avenue, Suite H Brownsville, Texas 78521 analisa@afigueroalaw.com Attorney for Defendant Juan Briones Carlos H. Cisneros D’s RTPs 13 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. Dayna Coulter on behalf of C. Dorsett, J r. Bar No. 24029524 dcoulter@ dorsettjohnson.com Envelope ID: 85879990 Filing Code Description: Motion (No Fee) Filing Description: Motion for Leave RTP Status as of 3/25/2024 8:03 AM CST Associated Case Party: J uan Briones Name BarNumber | Email TimestampS ubmitted | Status Analisa Figueroa analisa@ afigueroalaw.com | 3/22/2024 4:56:50 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Dorsett Dorsett eservice@ dorsettjohnson.com 3/22/2024 4:56:50 PM SENT Analisa Figueroa | 24040897 Analisa@ afigueroalaw.com 3/22/2024 4:56:50 PM SENT J essica Putonti jputonti@ dorsettjohnson.com 3/22/2024 4:56:50 PM SENT Carlos Cisneros ccisneros@ dorsettjohnson.com 3/22/2024 4:56:50 PM SENT Associated Case Party: Irma Moreno Name BarNumber | Email TimestampS ubmitted Status Israel Perez israel.perez@ israelperezlaw.com | 3/22/2024 4:56:50 PM SENT Aurora Montemayor aurora@ israelperezlaw.com 3/22/2024 4:56:50 PM SENT Gabriela Lopez gabriela@ israelperezlaw.com 3/22/2024 4:56:50 PM SENT