Answer: Andre Atrach VS. Raaafat Alatrach

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                                Electronically Filed
                                                                                   4/15/2024 2:56 PM
                                                                                   Hidalgo County District Clerks
                                                                                   Reviewed By: Oscar Castillo




                                    CAUSE NO. C-2006-21-I

ANDRE ATRACH                                     §    IN THE DISTRICT COURT
Plaintiff                                        §
                                                 §
V.                                               §    398TH JUDICIAL DISTRICT
                                                 §
RAAAFAT ALATRACH                                 §
Defendants                                       §    HIDALGO COUNTY, TEXAS


               DEFENDANT’S MOTION TO DEEM ANSWERS ADMITTED

TO THE HONORABLE JUDGE OF SAID COURT:

        NOW COMES, Defendant, Raaafat Alatrach, hereby moves this Court for an order

finding that each request in Defendant’s First Request for Admissions to Plaintiff (“RFA’s”) is

deemed admitted as a matter of law.

                                             FACTS

     1. Plaintiff, Andre Atrach, filed a complaint against Defendant, Raafat Alatrach, asserting

        claims of unjust enrichment, quantum meruit, and fraudulent inducement.

     2. Discovery in this suit is governed by a Level 2 discovery-control plan.

     3. On October 30, 2023, Defendant, Raafat Alatrach, propounded discovery on Andre

        Atrach in the form of “Defendant’s First Request for Admissions to Plaintiff” pursuant to

        Tex. R. Civ. P. 198. See Declaration of John Rigney, attached hereto as Exhibit 1, and

        incorporated by reference. A true and correct copy of the Request for Admissions is

        attached hereto as Exhibit 2 and incorporated by reference.

       4. Pursuant to Tex. R. Civ. P. 198, Andre Atrach’s response to the RFA’s was due on or

         before November 29, 2023. As set-forth in the declaration of the undersigned counsel, as

                of the date of this filing, Andre Atrach has failed to respond to the RFA’s.
                                                                               Electronically Filed
                                                                               4/15/2024 2:56 PM
                                                                               Hidalgo County District Clerks
                                                                               Reviewed By: Oscar Castillo


                                          ARGUMENT

5. The responding party must serve a written response on the requesting party within 30

   days after service of the request. If a response is not timely served, the request is

   considered admitted. Tex. R. Civ. P. 198.2; In Interest of N.L.W. (App. 6 Dist. 2017) 534

   S.W.3d 102.

6. As set forth in the attached declaration, Plaintiff, Andre Alatrach, failed to timely respond

   to Defendant, Raaafat Alatrach’s RFA’s. Therefore, he should be deemed to have

   admitted each of the facts set forth in the Defendant’s RFA’s. Specifically, Admissions 1

   through 12. Those facts should be considered conclusively established for the remainder

   of this case, including for the purposes of any motion for summary judgement filed by

   Defendant.

                                        PRAYER

7. For the foregoing reasons, Raaafat Alatrach, respectfully requests that the Court grant the

   Defendant’s Motion and enter an Order finding each request set forth in the Defendant’s

   First Request for Admissions to Plaintiff (as attached as Exhibit 2) is deemed admitted

   for all purposes, and grant to Defendant any further and additional relief that the Court

   deems just and warranted.


                                          Respectfully submitted,

                                          ___/s/ John A. Rigney___________________
                                          John A Rigney, State Bar Number: 24089356
                                          4712 N. McColl Road, McAllen, Texas 78504
                                          Tel. (956) 638-6421
                                          Email: RigneyLaw@aol.com
                                          Co-Counsel for Defendant
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Envelope ID: 86668030
Filing Code Description: Motion (No Fee)
Filing Description: Defendant's Motion to Deem Answers Admitted
Status as of 4/15/2024 4:58 PM CST

Associated Case Party: Raaafat Alatrach

Name               BarNumber Email                     TimestampSubmitted Status

JAIME HERNANDEZ                jaimehdzlaw@gmail.com   4/15/2024 2:56:55 PM   SENT



Case Contacts

Name                        BarNumber Email                                   TimestampSubmitted Status

JUAN "SONNY"PALACIOS, JR.                 JSPALACIOSPLLC@YAHOO.COM            4/15/2024 2:56:55 PM   SENT

GIL PERALEZ                               SERVICE@PERALEZFRANZLAW.COM         4/15/2024 2:56:55 PM   SENT