On May 09, 2024 a
Motion,Ex Parte
was filed
involving a dispute between
Cuadros Gonzalez, Jorge,
and
Kozak, Philomena,
for JP Appeal
in the District Court of Hidalgo County.
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Electronically Submitted
5/24/2024 10:52 AM
Hidalgo County Clerk
Accepted by: Nancy Flores
CAUSE NO. CL-24-2010-F
JORGE CUADROS GONZALEZ § IN THE COUNTY COURT
§
vs. § AT LAW NO. 6
§
PHILOMENA KOZAK § HIDALGO COUNTY, TEXAS
MOTION TO RECUSE OPPOSING COUNSEL
Jesus “Jesse” Contreras, Movant’s attorney of record in the above-styled and numbered
cause, files this Motion to Recuse Opposing Counsel, John Rigney, and respectfully shows the
Court as follows:
As provided in the Texas Disciplinary Rules of Professional Conduct Rule 4.02(a), which
states as follows:
“In representing a client, a lawyer shall not communicate or cause
or encourage another to communicate about the subject of the
representation with a person, organization or entity of government the
lawyer knows to be represented by another lawyer regarding that subject,
unless the lawyer has the consent of the other lawyer or is authorized to do
so.”
I.
Counsel for the Respondent, John Rigney, has consulted with Philomena Kozak on the
issues before the court.
II.
John Rigney is aware that Ms. Kozak is represented in the matter that he discussed with
her. This consultation has created a conflict in this legal proceeding, and this violation prejudices
the plaintiff’s ability to defend herself. It is crucial that this violation be resolved by recusing
opposing counsel.
Prayer
Jesus “Jesse” Contreras, prays that this Court Disqualify Defendant’s counsel John
Rigney, so that the plaintiff will not be unfairly prejudiced. Justice is most appropriately served
by disqualifying Mr. Rigney from participating further in this lawsuit.
Respectfully submitted,
JESSE CONTRERAS LAW FIRM
5400 S. Jackson Rd.
Edinburg, TX 78539
/s/ Jesus "Jesse" Contreras
Page 1 of 2
Electronically Submitted
5/24/2024 10:52 AM
Hidalgo County Clerk
Accepted by: Nancy Flores
Jesus "Jesse" Contreras
Bar no: 00793142
Office Phone: (956) 502-5777
Fax: (956) 307-5058
CERTIFICATE OF SERVICE
I certify that a true copy of this document was served in accordance with Rule 21a of the
Texas Rules of Civil Procedure on the following on May 24, 2024.
John Rigney
Email: Rigneylaw@aol.com
/s/ Jesus "Jesse" Contreras
Jesus "Jesse" Contreras
Attorney for Philomena Kozak
Page 2 of 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.
Jesus Contreras
Bar No. 793142
office@jessecontreras.law
Envelope ID: 88106457
Filing Code Description: Motion (No Fee)
Filing Description:
Status as of 5/24/2024 10:58 AM CST
Associated Case Party: JORGE CUADROS GONZALEZ
Name BarNumber Email TimestampSubmitted Status
John Rigney rigneylaw@aol.com 5/24/2024 10:52:55 AM SENT
Associated Case Party: PHILOMENA KOZAK
Name BarNumber Email TimestampSubmitted Status
Jesus Contreras office@jessecontreras.law 5/24/2024 10:52:55 AM SENT
Document Filed Date
May 24, 2024
Case Filing Date
May 09, 2024
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Electronically Submitted 5/24/2024 10:52 AM Hidalgo County Clerk Accepted by: Nancy Flores CAUSE NO. CL-24-2010-F JORGE CUADROS GONZALEZ § IN THE COUNTY COURT § vs. § AT LAW NO. 6 § PHILOMENA KOZAK § HIDALGO COUNTY, TEXAS MOTION TO RECUSE OPPOSING COUNSEL Jesus “Jesse” Contreras, Movant’s attorney of record in the above-styled and numbered cause, files this Motion to Recuse Opposing Counsel, John Rigney, and respectfully shows the Court as follows: As provided in the Texas Disciplinary Rules of Professional Conduct Rule 4.02(a), which states as follows: “In representing a client, a lawyer shall not communicate or cause or encourage another to communicate about the subject of the representation with a person, organization or entity of government the lawyer knows to be represented by another lawyer regarding that subject, unless the lawyer has the consent of the other lawyer or is authorized to do so.” I. Counsel for the Respondent, John Rigney, has consulted with Philomena Kozak on the issues before the court. II. John Rigney is aware that Ms. Kozak is represented in the matter that he discussed with her. This consultation has created a conflict in this legal proceeding, and this violation prejudices the plaintiff’s ability to defend herself. It is crucial that this violation be resolved by recusing opposing counsel. Prayer Jesus “Jesse” Contreras, prays that this Court Disqualify Defendant’s counsel John Rigney, so that the plaintiff will not be unfairly prejudiced. Justice is most appropriately served by disqualifying Mr. Rigney from participating further in this lawsuit. Respectfully submitted, JESSE CONTRERAS LAW FIRM 5400 S. Jackson Rd. Edinburg, TX 78539 /s/ Jesus "Jesse" Contreras Page 1 of 2 Electronically Submitted 5/24/2024 10:52 AM Hidalgo County Clerk Accepted by: Nancy Flores Jesus "Jesse" Contreras Bar no: 00793142 Office Phone: (956) 502-5777 Fax: (956) 307-5058 CERTIFICATE OF SERVICE I certify that a true copy of this document was served in accordance with Rule 21a of the Texas Rules of Civil Procedure on the following on May 24, 2024. John Rigney Email: Rigneylaw@aol.com /s/ Jesus "Jesse" Contreras Jesus "Jesse" Contreras Attorney for Philomena Kozak Page 2 of 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. Jesus Contreras Bar No. 793142 office@jessecontreras.law Envelope ID: 88106457 Filing Code Description: Motion (No Fee) Filing Description: Status as of 5/24/2024 10:58 AM CST Associated Case Party: JORGE CUADROS GONZALEZ Name BarNumber Email TimestampSubmitted Status John Rigney rigneylaw@aol.com 5/24/2024 10:52:55 AM SENT Associated Case Party: PHILOMENA KOZAK Name BarNumber Email TimestampSubmitted Status Jesus Contreras office@jessecontreras.law 5/24/2024 10:52:55 AM SENT