Answer: ORTEGA, ESTELA (INDIVIDUALLY AND AS NEXT FRIEND OF vs. WASTE MANAGEMENT INC

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                                     CAUSE NO. 2010-11656

ESTELA ORTEGA, INDIVIDUALLY                                       IN THE DISTRICT COURT OF
AND AS NEXT FRIEND OF BRITNEY
ORTEGA AND JOSE ORTEGA                                                                                  3

VS.                                                               HARRIS COUNTY         TEXAS. 4
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WASTE MANAGEMENT, INC., WASTE                                                                               on
MANAGEMENT OF TEXAS, INC. D/B/A                                                                              2
WASTE MANAGEMENT HOUSTON                               §
METRO         AND FILIBERTO CARDENAS                   §          80'" JUDICIAL DISTRICT

                 DEFENDANT WASTE           MANAGEMENT              OF TEXAS, INC.’S
                                  FIRST AMENDED ANSWER

        COMES     NOW    WASTE     MANAGEMENT                OF TEXAS,   INC., Defendant in the above

entitled and numbered cause, and files its First Amended Answer to Plaintiffs’ Original Petition

as follows:

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        Pursuant to Rule 92 of the Texas Rules of Civil Procedure, Defendant denies each and

every, all and singular the allegations contained in Plaintiffs’ Original Petition, and say same are

not true. either in whole or in part, and demand strict proof thereof. and of this general denial,

pray Judgment of the Court.
                                                                                      ILED
                                                                                      Loren Jackson
                                                                                       District Clerk
                                                      I.
        Defendant respectfully demand a trial by jury.                                AUG 8.1 20i5
                                                                                                                 ae
                                                                            Time:     ans Coty Toe
                                                                                                                  —
                                                      Ill.                  By
        Plaintiffs have already settled all claims with Defendants.      Defendants settled with Fstela

Ortega for $9,800.00 and settled with Jose Ortega for $10.200.00 in March 2009.                Settlement

checks were issued, negotiated, and cashed.      Defendant pleads accord, satisfaction. settlement,

and payment.     Filing of this suit is a breach of the agreement between the parties to settle this
case, and therefore Defendant reserves the right to seek attorney’s fees and damages associated

with defending these claims.

       WHEREFORE,       PREMISES CONSIDERED, DEFENDANT. WASTE MANAGEMENT

OF TEXAS. INC. pray that upon final hearing hereof, Plaintiffs take nothing by reason of this

lawsuit, and that Defendant    go hence without    day, and for such other and   further relief, both

general and special. legal and equitable. to which Defendant may be justly entitled.




                                                Respectfully submitted.

                                                HARRISON, BETTIS, STAFF.
                                                MeFABLAN          WEEMS, LEP.



                                           By
                                                Clifford D       1SO)
                                                State Bar No. 091
                                                B. Lee Wertz, Jr.
                                                State Bar No. 00797796
                                                1415 Louisiana, 37 Floor
                                             Houston, Texas 77002
                                             Telephone: (713) 843-7900
                                             Facsimile: (713) 843-7901
                                           ATTORNEYS FOR DEFENDANT
                                           WASTE MANAGEMENT                OF TEXAS, INC
CERTIFICATE OF SERVICE

       1 HEREBY      CERTIFY     that a true and correct copy of the foregoing instrument was

served upon Plaintiff pursuant to TEXAS RULES OF CIVIL PROCEDURE. by and through his counsel

of record. via facsimile, hand delivery, regular U.S. mail and/or certified mail return receipt

requested, on this the 31 day of August. 2010, addressed as follows:

Jetfrey R. Vaughn
Villalobos & Vaughn, PLLC
5804 North 23 Street
McAllen, Texas 78504




                                                    B. Lee Wertz, Jr.




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