On May 28, 2019 a
Motion-Secondary
was filed
involving a dispute between
Garcia'S Quality Fruit & Produce, Llc,
and
Chris Damon, Individually And D B A Produce Connection, Inc.,
John Meena, Individually And D B A Produce Connection, Inc.,
Jose Garcia, Individually And D B A Produce Connection, Inc.,
for Contract - Consumer/Commercial/Debt (OCA)
in the District Court of Hidalgo County.
Preview
Electronically Filed
1/26/2022 9:55 AM
Hidalgo County District Clerks
Reviewed By: Nancy Delgado
CAUSE NO. C-2351-19-D
CONSOLIDATED
GARCIA’S QUALITY FRUIT & § IN THE DISTRICT COURT
PRODUCE, LLC §
§
Plaintiff, §
§
vs. § 206TH JUDICIAL DISTRICT
§
CHRIS DAMON, JOHN MEENA, JOSE §
GARCIA, EACH INDIVIDUALLY AND §
D/B/A PRODUCE CONNECTION, INC. §
§
Defendants § HIDALGO COUNTY, TEXAS
DEFENDANTS’ REPLY TO PLAINTIFF’S RESPONSE TO MOTION TO STRIKE
PLAINTIFF’S LATE JOINDER OF PARTIES
TO THE HONORABLE JUDGE OF SAID COURT:
Now come Defendants, CHRIS DAMON and JOHN MEENA, incorrectly named
d/b/a of Produce Connection, Inc., The Avocado Connection, Inc., and Spring Valley
Produce, Inc. and JOSE GARCIA, incorrectly named d/b/a of Produce Connection, Inc.,
and file this Reply to Plaintiff’s Motion to Strike Plaintiff’s Late Joinder of Parties (“Motion
to Strike) and in support of striking the parties, Defendants will show unto the Court the
following:
I. PLAINTIFF NEVER SUED THE CORPORATIONS
1.1 Plaintiff responds to the Motion to Strike by incorrectly asserting that it sued
corporations in lawsuits that were consolidated into this numbered cause. The
corporations were never sued and were never served with citations of the lawsuits.
Plaintiff instead sued individuals and incorrectly named them as doing business as
corporations. Plaintiff never named the corporations individually and never served the
corporations in the consolidated lawsuits. Plaintiff sued individuals as follows:
Electronically Filed
1/26/2022 9:55 AM
Hidalgo County District Clerks
Reviewed By: Nancy Delgado
Cause No. C-2351-19-D: Chris Damon, John Meena, Jose Garcia, each
individually and doing business as Produce Connection, Inc.
Cause No. C-1291-20-H: John L. Meena and Christopher W. Damon, individually
and d/b/a The Avocado Connection, Inc.; and
Cause No. C-1294-20-F: John L. Meena and Christopher W. Damon, individually
and d/b/a Spring Valley Produce, Inc.
1.2 Plaintiff never sued the corporations and never meant to include the corporations
individually in the lawsuits as evidence by Plaintiff’s failure to have citations issued and
served on the corporations in accordance with the Texas Rules of Civil Procedure. The
consolidation of the herein referenced lawsuits into this numbered cause only included
individuals who were incorrectly named as doing business as corporations. Defendants
incorporate herein the arguments asserted in Defendants’ Motion to Strike Plaintiff’s Late
Joinder of Parties.
WHEREFORE, PREMISES CONSIDERED, Defendants requests that upon
hearing and consideration of Defendants’ Motion to Strike Plaintiff’s Late Joinder of
Parties (“Motion”), the Motion be granted and for further relief that CHRIS DAMON, JOHN
MEENA, and JOSE GARCIA may be awarded at law or in equity.
Respectfully submitted,
DAVIDSON TROILO REAM & GARZA, P.C.
601 N.W. Loop 410, Suite 100
San Antonio, Texas 78216
Telephone: (210) 349-6484
Facsimile: (210) 349-0041
2
Electronically Filed
1/26/2022 9:55 AM
Hidalgo County District Clerks
Reviewed By: Nancy Delgado
By: //s// Nicondra Chargois-Allen
NICONDRA CHARGOIS-ALLEN
State Bar No. 24031935
Email: nallen@dtrglaw.com
JESSIE LOPEZ
State State Bar No. 24041357
Email: jlopez@dtrglaw.com
ATTORNEYS FOR DEFENDANTS
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document has been
served pursuant to Rule 21a of the Texas Rules of Civil Procedure on this the 26th day of
January 2022, as follows:
Mr. Rolando Cantu
LAW OFFICES OF ROLANDO CANTU
1111 W. Nolana Avenue
McAllen, Texas 78504
//s// Nicondra Chargois-Allen
NICONDRA CHARGOIS-ALLEN
3
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.
Nicondra Chargois-Allen on behalf of Nicondra Chargois-Allen
Bar No. 24031935
nallen@dtrglaw.com
Envelope ID: 61155831
Status as of 1/26/2022 10:05 AM CST
Associated Case Party: GARCIA'S QUALITY FRUIT & PRODUCE, LLC
Name BarNumber Email TimestampSubmitted Status
ROLANDO CANTU rcantu@cantulawfirm.com 1/26/2022 9:55:40 AM SENT
Associated Case Party: CHRIS DAMON, INDIVIDUALLY AND D/B/A PRODUCE
CONNECTION, INC.
Name BarNumber Email TimestampSubmitted Status
TERESA G.CRUZ tcruz@dtrglaw.com 1/26/2022 9:55:40 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
ROLANDO CANTU RCANTU@CANTULAWFIRM.COM 1/26/2022 9:55:40 AM SENT
Jessie Lopez jlopez@dtrglaw.com 1/26/2022 9:55:40 AM SENT
Bart M.Botta bart@rjlaw.com 1/26/2022 9:55:40 AM SENT
NICONDRA CHARGOISALLEN nallen@dtrglaw.com 1/26/2022 9:55:40 AM SENT
NICONDRA CHARGIOS NC.ALLEN@RCCLAW.COM 1/26/2022 9:55:40 AM SENT
NICONDRA CHARGOIS NALLEN@DTGLAW.COM 1/26/2022 9:55:40 AM SENT
BART BOTTA BART@RJLAW.COM 1/26/2022 9:55:40 AM SENT
Amy Deck legal_asst@cantulawfirm.com 1/26/2022 9:55:40 AM SENT
Document Filed Date
January 26, 2022
Case Filing Date
May 28, 2019
Category
Contract - Consumer/Commercial/Debt (OCA)
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Preview
Electronically Filed 1/26/2022 9:55 AM Hidalgo County District Clerks Reviewed By: Nancy Delgado CAUSE NO. C-2351-19-D CONSOLIDATED GARCIA’S QUALITY FRUIT & § IN THE DISTRICT COURT PRODUCE, LLC § § Plaintiff, § § vs. § 206TH JUDICIAL DISTRICT § CHRIS DAMON, JOHN MEENA, JOSE § GARCIA, EACH INDIVIDUALLY AND § D/B/A PRODUCE CONNECTION, INC. § § Defendants § HIDALGO COUNTY, TEXAS DEFENDANTS’ REPLY TO PLAINTIFF’S RESPONSE TO MOTION TO STRIKE PLAINTIFF’S LATE JOINDER OF PARTIES TO THE HONORABLE JUDGE OF SAID COURT: Now come Defendants, CHRIS DAMON and JOHN MEENA, incorrectly named d/b/a of Produce Connection, Inc., The Avocado Connection, Inc., and Spring Valley Produce, Inc. and JOSE GARCIA, incorrectly named d/b/a of Produce Connection, Inc., and file this Reply to Plaintiff’s Motion to Strike Plaintiff’s Late Joinder of Parties (“Motion to Strike) and in support of striking the parties, Defendants will show unto the Court the following: I. PLAINTIFF NEVER SUED THE CORPORATIONS 1.1 Plaintiff responds to the Motion to Strike by incorrectly asserting that it sued corporations in lawsuits that were consolidated into this numbered cause. The corporations were never sued and were never served with citations of the lawsuits. Plaintiff instead sued individuals and incorrectly named them as doing business as corporations. Plaintiff never named the corporations individually and never served the corporations in the consolidated lawsuits. Plaintiff sued individuals as follows: Electronically Filed 1/26/2022 9:55 AM Hidalgo County District Clerks Reviewed By: Nancy Delgado Cause No. C-2351-19-D: Chris Damon, John Meena, Jose Garcia, each individually and doing business as Produce Connection, Inc. Cause No. C-1291-20-H: John L. Meena and Christopher W. Damon, individually and d/b/a The Avocado Connection, Inc.; and Cause No. C-1294-20-F: John L. Meena and Christopher W. Damon, individually and d/b/a Spring Valley Produce, Inc. 1.2 Plaintiff never sued the corporations and never meant to include the corporations individually in the lawsuits as evidence by Plaintiff’s failure to have citations issued and served on the corporations in accordance with the Texas Rules of Civil Procedure. The consolidation of the herein referenced lawsuits into this numbered cause only included individuals who were incorrectly named as doing business as corporations. Defendants incorporate herein the arguments asserted in Defendants’ Motion to Strike Plaintiff’s Late Joinder of Parties. WHEREFORE, PREMISES CONSIDERED, Defendants requests that upon hearing and consideration of Defendants’ Motion to Strike Plaintiff’s Late Joinder of Parties (“Motion”), the Motion be granted and for further relief that CHRIS DAMON, JOHN MEENA, and JOSE GARCIA may be awarded at law or in equity. Respectfully submitted, DAVIDSON TROILO REAM & GARZA, P.C. 601 N.W. Loop 410, Suite 100 San Antonio, Texas 78216 Telephone: (210) 349-6484 Facsimile: (210) 349-0041 2 Electronically Filed 1/26/2022 9:55 AM Hidalgo County District Clerks Reviewed By: Nancy Delgado By: //s// Nicondra Chargois-Allen NICONDRA CHARGOIS-ALLEN State Bar No. 24031935 Email: nallen@dtrglaw.com JESSIE LOPEZ State State Bar No. 24041357 Email: jlopez@dtrglaw.com ATTORNEYS FOR DEFENDANTS CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document has been served pursuant to Rule 21a of the Texas Rules of Civil Procedure on this the 26th day of January 2022, as follows: Mr. Rolando Cantu LAW OFFICES OF ROLANDO CANTU 1111 W. Nolana Avenue McAllen, Texas 78504 //s// Nicondra Chargois-Allen NICONDRA CHARGOIS-ALLEN 3 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. Nicondra Chargois-Allen on behalf of Nicondra Chargois-Allen Bar No. 24031935 nallen@dtrglaw.com Envelope ID: 61155831 Status as of 1/26/2022 10:05 AM CST Associated Case Party: GARCIA'S QUALITY FRUIT & PRODUCE, LLC Name BarNumber Email TimestampSubmitted Status ROLANDO CANTU rcantu@cantulawfirm.com 1/26/2022 9:55:40 AM SENT Associated Case Party: CHRIS DAMON, INDIVIDUALLY AND D/B/A PRODUCE CONNECTION, INC. Name BarNumber Email TimestampSubmitted Status TERESA G.CRUZ tcruz@dtrglaw.com 1/26/2022 9:55:40 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status ROLANDO CANTU RCANTU@CANTULAWFIRM.COM 1/26/2022 9:55:40 AM SENT Jessie Lopez jlopez@dtrglaw.com 1/26/2022 9:55:40 AM SENT Bart M.Botta bart@rjlaw.com 1/26/2022 9:55:40 AM SENT NICONDRA CHARGOISALLEN nallen@dtrglaw.com 1/26/2022 9:55:40 AM SENT NICONDRA CHARGIOS NC.ALLEN@RCCLAW.COM 1/26/2022 9:55:40 AM SENT NICONDRA CHARGOIS NALLEN@DTGLAW.COM 1/26/2022 9:55:40 AM SENT BART BOTTA BART@RJLAW.COM 1/26/2022 9:55:40 AM SENT Amy Deck legal_asst@cantulawfirm.com 1/26/2022 9:55:40 AM SENT