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Electronically Submitted
5/15/2020 2:31 PM
Hidalgo County Clerk
Accepted by: Oscar Gonzalez
CAUSE NO, CL-19-4601-A
RICARDO AGUILERA IN THE COUNTY COURT
PLAINTIFF
vs. AT LAWNO.1
OTTMAR CANO
DEFENDANT HIDALGO COUNTY, TEXAS
DEFENDANT OTTMAR CANO’S MOTION FOR EMERGENCY HEARING VIA
ZOOM
TO THE HONORABLE COURT:
COMES NOW, OTTMAR CANO, Defendant in the above-styled and numbered cause
and files this Motion for Emergency Hearing via Zoom and would show the court the following:
1 Plaintiff Ricardo Aguilera filed suit against Defendant Omar Cano on August 28,
2019. Defendant Omar Cano filed an Original Answer on October 4, 2019.
Plaintiff Ricardo Aguilera and Defendant Omar Cano participated in a Docket
Control Conference on November 5, 2019. A Docket Control was filed on
December 11, 2019, See Exhibit 1. A trial setting of May 11, 2020 was given.
By way of discovery, Plaintiff learned that he had sued the wrong party. As a
result, Plaintiff filed an Amended Original Petition and Motion for Non-Suit as to
Omar Cano. See Exhibit 2.
This Honorable Court granted Plaintiff's Motion for Non-Suit on December 9,
2019. See Exhibit 3. As a result, Defendant closed its file.
On December 12, 2019, Defendant Ottmar Cano was served. See Exhibit 4,
On January 8, 2020, Defendant Ottmar Cano filed his Original Answer. See
Exhibit 5.
Since Plaintiff had filed the Docket Control Order reflecting the parties’ prior
agreement when Omar Cano was a party to the case, Defendant’s Counsel made
numerous attempts to get a new Docket Control Order which included the new
Defendant in this matter. See Exhibit 6 and 7. Plaintiff's counsel represented to
Defendant’s counsel that they were going to file a Rule 11 Agreement passing the
Electronically Submitted
5/15/2020 2:31 PM
Hidalgo County Clerk
Accepted by: Oscar Gonzalez
current trial setting. After weeks of no response from Plaintiffs counsel,
Defendant prepared a proposed Rule 11 Agreement passing the current trial
setting of July 6, 2020. See Exhibit 8. Plaintiff’s attorney is now opposed to the
Rule 11 Agreement passing the current trial setting. See Exhibit 9.
Trial in this matter has been moved by the court from May 11, 2020 to uly 6,
2020, due to the ongoing CO-VID pandemic. Currently, there is no docket control
order in place that was agreed to by Defendant Ottmar Cano. Depositions and
mediation have not taken place. Additionally, Defendant has not designated
experts in this case. Defendant’s counsel did not designate experts in this case
because it was her understanding that Plaintiffs counsel had agreed to remove the
current trial setting.
Defendant respectfully requests that the Court grant Plaintiffs Motion for
Emergency Hearing and provide the parties with a new Docket Control
Conference date.
WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Honorable Court
grant Defendant’s Motion for Emergency Hearing via Zoom and provide the parties a new
Docket Control Conference Date.
Respectfully submitted,
CHAVEZ LEGAL GROUP
Attorneys At Law
11900 N. 26" Street, Suite 200
Edinburg, Texas 78539
Telephone (956) 289-2199
Facsi (956) 289-229
By:
JANELLE VCAS
State Bar No. 24095929
caso@chavezlegalgroup.com
ATTORNEY FOR DEFENDANT
OTTMAR CANO
Electronically Submitted
5/15/2020 2:31 PM
Hidalgo County Clerk
Accepted by: Oscar Gonzalez
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that a true and correct copy of the foregoing instrument
has been forwarded electronic service, in accordance with the Texas Rules of Civil Procedure, to
all counsel of record on the istay of May, 2020, as follows:
Via electronic seryice:
Graciela Orellana
LAW OFFICES OF EZEQUIEL REYNA, JR., P.C.
Ezequiel Reyna, Jr.
702 W. Expressway 83, Suite 100
Weslaco, Texas 78596
$895162-2
OWL LUE V. CASO/
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CAUSE NO. CL-19-4601-A
RICARDO AGUILERA IN THE COUNTY COURT
Plaintiff
vs AT LAW NO. 1
OMAR CANO
Defendant HIDALGO COUNTY, TEXAS
DOCKET CONTROL ORDER
BE IT REMEMBERED that on November 05, 2019, a Docket Control Conference was
held in the above-entitled and numbered cause. Appearances were made by telephone: Hon.
Graciela Orellana (by Cristy) for Plaintiff, D. Janelle V. Caso (by Audelia) for Defendant.
A. Jury tial was requested. Estimated length of trial is 3 days.
B. The case is set for Pretrial Conference on May 06, 2020 at 9:00 a.m., followed by jury
selection and trial on May 11, 2020 at 9:00 a.m.
Cc The deadline for completion of discovery is: April 10, 2020
D. The deadline for amendment of pleadings is:
Plaintiff: April 27,2020 Defendant: May 04, 2020
The deadline for joinder of additional parties is: February 11, 2020
The deadline for designation of experts is:
Plaintiff; February 11,2020 Defendant: March 12, 2020
G. The court requires mediation 30 days before trial: April 10, 2020.
IT IS FURTHER ORDERED that this case is set for its jury trial setting on May 11, 2020
at 9:00 am in the Hidalgo County Court at Law No. 1 in Hidalgo County, Texas.
SIGNED this 16th__ day of _ December 2019.
Kath Doha:
JUD PRESIDING
Received from the Court
12/16/2019 9:00 AM
On,
initials:
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APPROVED AND AGREED:
- OM.
Graciela Orellana
State Bar No, 24085450
Ezequiel Reyna, Jr.
State Bar No, 16794798
702 W. Expressway 83, Suite 100
Weslaco, Texas 78596
Telephone: (956) 968-9556
Facsimile: (956) 969-4171
Email: gracie@zreynalaw.com
Attorneys for Plaint}i
Janel
Own,
Caso
AS )
Chaveg/Legal Group
11900°N, 26" Street, Suite 200
Edinburg, Texas 78539
Tel: (956) 289-2199
Fax: (956) 289-2299
Email: caso@chavezlegalgroup.com
Attorney for Defendant
Electronically Submit
Elect NYS eho
Accepted by: Samgui ictlerk
Accepted by: Oscar Gonzalez
CAUSE NO. CL-19-4601-A
RICARDO AGUILERA IN THE COUNTY COURT
Plaintiff
VS ATLAWNO. 1
OMAR CANO
Defendant HIDALGO COUNTY, TEXAS
PLAINTIFF’S FIRST AMENDED ORIGINAL PETITION AND
MOTION FOR NON-SUIT AS TO OMAR CARO
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW RICARDO AGUILERA, (hereinafter, “Plaintiff’), and files this First
Amended Original Petition complaining of OTTMAR CANO, (hereinafter, “Defendant”), and
Motion for Non-suit as to OMAR CANO and shows:
L EXPEDITED ACTION / DISCOVERY CONTROL PLAN
Plaintiff intends to prosecute this case as an expedited action under Tex.R.Civ.P. 169, and
intends to proceed under Discovery Control Plan No. 1.
2. PARTIES
Plaintiff is an individual who resides in Hidalgo County, Texas.
Defendant OTTMAR CANO is an individual residing in Hidalgo County, Texas who
may be served as follows and/or any location where he may be found:
OTTMAR CANO
737 E. Garfield
San Juan, Texas 78589
JURISDICTION
The Defendant is amenable to service of process by a Texas court, This court has
jurisdiction over the controversy because the incident made the basis of the suit occurred in
243621— Amended POP Page
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‘UbsHitted
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Accepted by: SamgatheuMantierk
Accepted by: Oscar Gonzalez
Texas, and since Plaintiff's damages are within the Court’s jurisdictional limits.
4, VENUE
Venue is proper in Hidalgo County, Texas, pursuant to Section 15.002(a)(2)(4) of the
Texas Civil Practice and Remedies Code, because Defendant Ottmar Cano resides is in this
county and is the county in which the plaintiff resided at the time the incident made the basis of
this suit.
5, FACTS
On or about September 20, 2018, Plaintiff RICARDO AGUILERA was driving a
Kenworth Tractor Trailer traveling southbound on U.S. 77 in Kleberg County, Texas. Defendant
OTTMAR CANO was driving a GMC Sierra traveling directly behind the Plaintiff,
Plaintiff continued to travel southbound when Defendant OTTMAR CANO failed to
control his speed causing him to collide into Plaintiff's vehicle.
6. NEGLIGENCE
The collision described above, and the resulting injuries and damages suffered by
Plaintiff, were actually and proximately caused by the negligence of DEFENDANT OTTMAR
CANO in one or more of the following acts or omissions:
@ failing to control his speed;
driver inattention;
failing to timely and properly apply his brakes prior to the collision;
failing to yield as a person of prudent care would have done; and
failing to maintain such lookout as a person of ordinary prudence would have
maintained under the same or similar circumstances.
oY ee 9a EES qeeesene
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Elegie
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7. PERSONAL INJURY DAMAGES
As a direct and proximate result of Defendant’s acts and omissions, Plaintiff suffered
serious personal injuries. Plaintiffs damages exceed the minimum jurisdictional limit of this
Court, and include,
° past, present, and future medical bills;
e past, present, and future physical impairment; and
e past, present, and future physical pain and mental anguish.
Plaintiff seeks only monetary relief aggregating $100,000 or less, including damages of
any kind, penalties, costs, expenses, pre-judgment interest, and attorney’s fees (if any)
8 PREJUDGEMENT INTEREST
Plaintiff seeks pre-judgment interest on the past damages found by the trier of fact.
9. JURY DEMAND
Plaintiff demands a trial by jury and shall tender the jury fee.
10 REQUEST FOR DISCLOSURE/DISCOVERY
Pursuant to Rule 194, Tex.R.Civ.P, the Defendant is requested to disclose, within 50-days
of service of this request, the material and information described in Tex.R.Civ.P. 194.2 (a)-()
In addition to the content subject to disclosure under Rule 194.2, the Defendant is requested to
disclose all documents, electronic information, and tangible items that the disclosing party has in
his/her/its possession, custody, or control and may use to support its claims or defenses.
Plaintiff's written interrogatories and request for production to Defendant is served with this
petition, and are attached to the pleading as EXHIBIT A and EXHIBIT B.
i REQUEST FOR EXPEDITED TRIAL SETTING
Pursuant to Tex.R.Civ.P. 169 2), Platntift requests that the court set the case for a trial
eremenmeemn ame cone eevee
243621 — ‘Amended POP Page 3
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Accepted by: Oscar Gonzalez
date that is within 90 days after the discovery period in Rule 190.2 (b)(1) ends.
12. NOTICE PURSUANT TO RULE 193.7
This will serve as formal written notice to you, pursuant to Rule 193.7 of the Texas Rules
of Civil Procedures, of the Plaintiff(s)’ intent to use at trial any and all documents, which you
have produced on behalf of the Defendant(s) in response to any formal written discovery request,
and any and all supplemental and/or amended responses to any formal written discovery
requests, including, but not limited to, answers to interrogatories; responses to requests for
production; responses to requests for disclosures, affidavit, deposition, deposition on written
questions, Rule 11, or any documents and things created and/or produced by Defendant(s) from
any source, and provided to the Plaintiff(s).
13. NON-SUIT AS TO OMAR CANO.
Movant Ricardo Aguilera filed the above-entitled and numbered cause against OMAR
CANO. Plaintiff filed suit against the wrong person in error. Plaintiff no longer desires to
prosecute his case against OMAR CANO. The correct Defendant has been named in this suit.
PRAYER
WHEREFORE, Plaintiff prays that, on final trial, he has:
1) Judgment against Defendant for damages in a sum in excess of the minimum
jurisdictional limits of the court not to exceed $100,000;
2) Pre-judgment interest;
3) Post-judgment interest;
4) Costs of suit;
5) Non-suit as to Omar Cano;
6) All such other relief, at law or at equity, to which Plaintiff may show himself to be
manera
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Accepted by: Oscar Gonzalez
entitled.
Respectfully submitted,
bea. “UL REYNA, JR., P.C.
Graciela Orellana
State Bar No. 24085450
Ezequiel Reyna, Jr.
State Bar No. 16794798
702 W. Expressway 83, Suite 100
Weslaco, Texas 78596
(956) 968-9556 Phone / (956) 969-4171 Fax
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
A tre and correct copy of the Plaintiff’s First Amended Petition and Non-suit as to Omar
Cano has been served on Defendants counsel of record pursuant to the Texas Rules of Civil
Procedure on nis 5M day of Deceesber 2019 at the following address:
Janelle V. Caso
Chavez Legal Group
11900 N. 26" Street, Suite 200
Edinburg, Texas 78539
Tel: (956) 289-2199
Fax: (956) 289-2299
Graciela Orellana
243621 — Amended POP Page $
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Electronical Submit
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DIS M
Accepted by: Samanta Meter:
Accepted by: Oscar Gonzalez
CAUSE NO. CL-19-4601-A
RICARDO AGUILERA IN THE COUNTY COURT
Plaintiff
VS ATLAWNO. 1
OMAR CANO
Defendant HIDALGO COUNTY, TEXAS
ORDER
The Court considered Plaintiffs Motion for Non-Suit as te Omar Cano and after
reviewing the evidence and hearing the arguments of counsel, finds that the Motion should be
GRANTED
IT IS THEREFORE ORDERED that the Plaintiff's Motion for Non-Suit as to Omar
Cano is GRANTED and the above-styled and numbered cause is dismissed with prejudice.
SIGNED on 12/9/2019 11:17 AM __ 3049.
Vrs
ae
joDee ff PRESID
Graciela Orellana
E-mail: gracie@zreynalaw.com; rudy@zreynalaw.com
Janelle V. Casso
E-mail: caso@chaveziegalgroup.com
Recelved from the Court
12/10/2019 11:05 AM
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Accepted by: Oscar Gonzalez
CAUSE NO, CL-19-4601-A
THE STATE OF TEXAS
COUNTY OF HIDALGO
NOTICE TO DEFENDANT: “You. have been'sued. You may eiiploy ati attorney. If you or your
attorney do
not file a written answer with t he clerk who issued this citation by 10:00 a.m. on the Monday next following the
expiration of twenty (20) days after you were served this citation and
perition, a default judgment may be taken
against you.”
To: OTTMAR CANO
737 E GARFIELD ST
SAN JUAN TX 78589
OR AT-SUCH OTHER PLACE AS-THE DEFENDANT MAY BE FOUND
GREETINGS: You ate commanded to appear by filing a written: answer to the Plaintiff’s petition at or before
10
o’clock A.M, on or before the Monday next after the expiration of twenty.(20) days after the date of
service
hereof, before the Honorable County Court At Law #1 of Hidalgo County, Texas; by and through the Hidalgo
County Clerk at J00N. Closner, First Floor, Edinburg, Texas 785939;
Said Plaintiff's Petition was filed in said Court, on the Sth day of December, 2019 in this Cause Numbered CL-
19-4601-A on the docket of said Court, and styled,
RICARDO AGUILERA
v8.
OMAR CANO; OTTMAR CANO
The nature.of Plaintiff's demand is fully shown by a true and correct copy
of Plaintiff's First Amended Original
Petition And Motion For Non Suit As To Omar Cano accompanying this Citation and made a part hereof.
NAME & ADDRESS OF ATTORNEY FOR PLAINTIFF:
GRACIELA ORELLANA
702. W EXPRESSWAY 83 STE 100
WESLAEO TX 78596
The officer executing this citation shall promptly serve the same accotding to requirements of law, and the
mandates hereof, and make due return as the law directs.
ISSUED AND GIVEN UNDER MY HAND AND SEAL OF SAID COURT, at Edinburg, Texas this 10th day of
December, 2019,
ages ARTURO. GUAJARDO, JR.
tae:
Re
i A)
COUNTY CLERK, HIDALGO COUNTY, TEXAS
100 N. CLOSNER
i EDINBURG, TEXAS 78539
COUNTY COURT AT LAW #1
ane
BY path, Mt DEPUTY
SAMANTHA MARTINEZ
Electronically Submit
Electtandaa Subihited
DOCKET NO. CL-19-4601-A Accepted By. 5 fork
Accepted by: Oscar Gonzalez
RICARDO AGUILERA IN THE COUNTY COURT
VS.
court AT LAW #1
OMAR CANO; OTTMAR CANO
oF HIDALGO COUNTY, TEXAS
AFEIDA\ WiT_OF SERVICE
Came to hand on December 12, 2019 at 11:45 A/M
Executed at: 737 East Garfield Street in San Juan, Texas 78589
Within the County of Hidalgo at 4:20 PM, on Tuesda Ys December 17, 2019
By delivering to the within named:
OTTMAR CANO
In person a true copy of this
CITATION AND PLAINTIFF’S ORIGINIAL PETITION
Having first endorsed thereon the date AND time of the delivery.
BEFORE ME, the undersigned authority, on this day personally appeared Juan Castillo who after
being duly sworn on oath states: “My name is Juan Castillo. | am a person over eighteen (18) years
of age and | am cornpetent to make this affidavit. | am a resident of the State of Texas. | am not
a party to this suit nor related or affiliated with any herein, and have no interest in the outcome of
the suit, | am familiar with the Texas Rules of Civil Procedure, and the Texas Practice and
Remedies Codes as they apply to service of process. | have never been convicted of a felony or of
a misdemeanor involving moral turpitude.”
Che
Juan Castillo
PSC 12187, Exp. 07/31/2021
Auch
Given under my hand Office on this JT day of Dewembe., 2019.
:
an s8iNitiyy,
Notary Public in and for the State of ot,
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Acceptectiya! tea keepinierk
Accepted by: Oscar Gonzalez
CAUSE NO, CL-19-4601-A
RICARDO AGUILERA INTHE COUNTY COURT
PLAINTIFF
VS. ATLAWNO.1
OTTMAR CANO
DEFENDANT HIDALGO COUNTY, TEXAS
DEFENDANT’S ORIGINAL ANSWER,
REQUESTS FOR DISCLOSURE AND REQUEST FOR JURY DEMAND
TO THE HONORABLE COURT:
COMES NOW, OTTMAR CANO, Defendant in the above-styled and numbered cause
and files this his Original Answer to Plaintiff's First Amended Original Petition and would show
the Court the following:
1
Defendant denies each and every, all and singular, all allegations contained in Plaintiffs
First Amended Original Petition, and demands strict proof thereof as required by law.
H.
Defendant pleads that pursuant to §41.0105 of the Civil Practice and Remedies Code,
Plaintiff’ recovery of medical and healthcare expenses is limited to the amount actually paid by
Plaintiff or incurred by or on behalf of Plaintiffs.
iil.
Under the authority of Rule 194 of the Texas Rules of Civil Procedure, Defendant
requests that the Plaintiff disclose the information or materia! described in Rule 194(a)-(1) of the
Texas Rules of Civil Procedure.
Iv.
Defendant hereby makes its written request for a jury trial in this cause pursuant to Rule
216 of the Texas Rules of Civil Procedure and deposits with the County Clerk of Hidalgo
County, Texas, the requisite jury fee of Forty Dollars and 00/100 ($40.00).
2
Electronically Submit
Elech
Acceptedpyalgsies
aeWerk
Accepted by: Oscar Gonzalez
WHEREFORE, PREMISES CONSIDERED, Defendant prays that Plaintiff’s suit be
dismissed at Plaintiff's cost, and for such other the further reliefto which Defendant may be
entitled, either at law or in equity.
Respectfully submitted,
CHAVEZ LEGAL GROUP
Attorneys At Law
11900 N, 26" Street, Suite 200
Edinburg, Texas 78539
Telephone (956) 289-2199
Facsimile (956) 289-2299
By
JA NELLEW. CASO
State Bar . 24095929
caso@chavezlegalgroup.com
ATTORNEY FOR DEFENDANT
OTTMAR CANO
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that a true and correct copy of the foregoing instrument
Sas
has been forwarded electro: nic vice, in accordance with the Texas Rules of Civil Procedure, to
all counsel of record on the day of January, 2020, as follows:
Via electronic service:
Graciela Orellana
LAW OFFICES OF EZEQUIEL REYNA, JR, P.C.
Ezequiel Reyna, Jr.
702 W. Expressway 83, Suite 100
Weslaco, Texas 78596
JANELLE V. CASO
58951622.
4128/2020 Mail - Audelia Sanchez - Outlook
Electronically Submitted
5/15/2020 2:31 PM
Hidalgo County Clerk
Re: DCO - CL-19-4601-A Accepted by: Oscar Gonzalez
Audelia Sanchez
Tue 1/7/2020 10:13 AM
To: Rudy V. Limas
Ce: Janelle Caso
Bcc: Audelia Sanchez
Good morning Rudy.
I do not know who the case is going to be assigned to. If you can recall, | spoke to you about this on
December 12, 2019. At this time | explained to you that due to the non-suit of Omar Cano, we would have
close out the file on our end. [also informed you that per Toni at the Judge's office, we were to fle a Rule
11 removing the current trial setting. You were going to speak with your attorney and call me back once
you spoke with her. The Rule 11 has not been filed.
Thanks.
Audelia Sanchey
Paralegal
Chavez Legal Group
Staff Counsel for Loya Insurance Group
11900 N, 26th Street, Suite 200
Edinburg, Texas 78539
Phone: (956) 289-2199
Direct Line (956)289-2212
Facsimile: (956) 393-2699
NOTICE: Please be advised that this email address docs not belong to the attorney of record for this case and is not intended for service of
documents or filings of any type. Ifyou wish to service documents on this case, please contact the attorney of record for a proper email address on
which service may be accomplished.
wee on nnn nemnonnnnnenneenn cone ee
From: Rudy V. Limas
Sent: Monday, January 6, 2020 5:01 PM
To: Audelia Sanchez
Subject: RE: DCO - CL-19-4601-A
Good afternoon Audelia,
Just wanted to see if your office will be handling the case now that the correct defendant has been served. | don’t
think he has filed an answer, but it would be the same insurance policy. Please advise.
From: Audelia Sanchez
Sent: Wednesday, November 20, 2019 10:43 AM
To: Rudy V. Limas
Subject: Re: DCO - CL-19-4601-A i
Morning Rudy.
https:/outlook office. com/mail/search/id/AAQKADVIY TAQZGUOLTIJOTMINGU5My 1 INDNmLTMSODNKY24M
2FINWAQABIE %2BT HuU7gnFcBzprSBs.. us
4/28/2020 Mail - Audelia Sanchez - Outlook.
Electronically Submitted
5/15/2020 2:31 PM
jo County Clerk
I
I'm so sorry! Let me have Mrs. Caso sign it again when she gets back in the morning, Not sure where placed thaapie car Gonzalez
one!
Ave we still filing it? You mentioned you were going to file a dismissal on it and re-file with correct Defendant.
Audelia Sanchey
Paralegal
Chavez Legal Group
Staff Counsel for Loya Insurance Group
igoo N. 26th Street, Suite 200
Edinburg, Texas 78539
Phone: (956) 289-2199
Direct Line (956)289-2212
Facsimile: (956) 393-2699
NOT ease be advised that this emait address docs not helong to the attorney of record far this case and is not intended for service of
documents or filings of any type. If you wish to service documents on this case, please contact the attorncy of record for a proper email address on
which service may be accomplished.
coe - ~ een -. ences saan
From: Rudy V. Limas
Sent: Wednesday, November 20, 2019 9:44 AM
To: Audelia Sanchez
Subject: FW: DCO - CL-19-4601-A
Audelia,
This DCO is unsigned. May you please send over the signed one so | may e-file. Thanks!
From: Audelia Sanchez
Sent: Wednesday, November 13, 2019 2:59 PM
To: Rudy V. Limas
Subject: Re: DCO - CL-19-4601-A
Hi Rudy.
Attached is the signed DCO.
Thanks!
AuddioaSanchey
Paralegal
Chavez Legal Group
Staff Counsel for Loya Insurance Group
goo N. 26th Street, Suite 200
Edinburg, Texas 78539
Phone: (956) 289-2199
https://outlook. office .corn/mail/search/id/AAQKADVIY TACZGUOLTIJOTMINGUSMy 1 INDNmLTMB5ODNKY214M, 2FINWAQABIGE%2BTHuU7gnFcBzprSBs... 2/3
4/28/2020 Mail - Audetia Sanchez - Outiock
Electronically Submitted
Direct Line (956)289-2212 5/15/2020 2:31 PM
Hidalgo County Clerk
Facsimile: (956) 393-2699 Accepted by: Oscar Gonzalez
NOTICE: Please be advised that this email address docs not belong to the attorney of record for this case and is not intended for service of
documents or filings of any type, If you wish to service documents on this case, please contact the attomey of record for a proper email address on
which service may be accomplished.
ween oa cece an pe ~
From: Rudy V. Limas
Sent: Thursday, November 7, 2019 4:33 PM
To: Audelia Sanchez
Cc: Gracie Marroquin ; Christy Gonzalez
Subject: DCO - CL-19-4601-A
Good afternoon,
Please see attached DCO for the above referenced case. if agreed to please return so that it may be e-filed.
Respectfully,
Rudy V Limas
Litigation Assistant to
Graciela Orellana
Attorney
Law Offices of Ezequiel Reyna, Jr,
702 W. Expressway 83, Ste. 100
Weslaco, TX 78596
Telephone: (956) 968-9556
Fax: (956) 969-4171
https://outtook.office.com/mail/search/id/AAQKADVIY TACZGUOLTIjOTMINGUSMy1 INDNmLTMS5ODNkY214M2FINWAQABIGE%2BT HuU7gnFcBzprSBs... us
Electronically Submitted
5/15/2020 2:31 PM
Hidatgo curt, Clerk
Filters Used: Dath (Saned Dyes alez
i Tagged Record Note Report Time Printed: 9:49AM
Printed By. AUS
Form Format
Date 3/12/2020 Time 10:18AM 40:18AM Duration 0.00 (hours)Code Jelephone Conference
Description Code Description Staff Audelia Sanchez
Atty MatterRef R. AGUILERA VS. OTTMAR CANO, ET. ClaimNo §895162-2
Alerts {days before)Follow N Done N Notify NHide N Trigger N Private N Status
AbacusID Custom3
Custom2 Custom4
PathiName
TIC to Rudy at OPC's office RE: deadlines on this case and new DCC. | told him deadiines
were coming up and he never filed the Rule 41 with the Court removing the current trial setting.
He stated he did remember about the Rule 11. | told him we have not even done depos and
expert designation is today. He stated that the delay was their fault and that yes, we needed to
request a new trial setting and that he would speak with his attorney and call me back.
Electronically Submitted
5/15/2020 2:31 PM
Hidalgo County Clerk
Accepted by: Oscar Gonzalez
CHAVEZ LEGAL GROUP
ATTORNEYS AT LAW
Starr COUNSEL FoR LoyA INSURANCE GROUP
MAILING ADDRESS:
11900 NorTH 26™ St., SUITE 200 * EpivsurG, TEXAS 78539
(956) 289-2199 + FAX: (956) 393-2699
May 13, 2020
VIA E-SERVICE
Honorable Rodolfo Gonzalez
County Court #1-Hidalgo
Hidalgo County Courthouse
Edinburg, TX 78539
Re: Cause No.: CL-19-4601-A
Style: Ricardo Aguilera vs. Ottmar Cano
Court: County Court at Law No. 1, Hidalgo County, Texas
File No: 5895162-2
Dear Judge Gonzalez,
Please be advised that all parties have agreed that the current trial setting of July 6, 2020,
at 9:00 a.m., be removed from the court's docket. When the Docket Control Conference was held
on November 5, 2019, Defendant Ottmar Cano was not a party to this lawsuit. Therefore, the
parties have not had adequate time to conduct discovery. We are requesting the court to provide
us with a new docket control conference date, so that we may obtain a new trial setting.
Thank you for your courtesies and should you have any questions, please feel free to
contact our office.
Sincerely,
JANELLE V. CASO
JVClas
AGREED TO:
Graciela Orellana
LAW OFFICES OF EZEQUIEL REYNA, JR., P.C.
ATTORNEY FOR PLAINTIFF
5/15/2020 Mail - Janelle Caso - Outlook
Electronically Submitted
5/15/2020 2:31 PM
Hidalgo County Clerk
RE: 5895162-2 / Ricardo Aguilera vs. Ottmar Cano Accepted by: Oscar Gonzalez
Rudy V. Limas
Fri 5/15/2020 9:07 AM
To: Audelia Sanchez ; Gracie Marroquin ; Jon Elliot Robinson
Ce: Janelle Caso
Good morning,
At this time Ms. Orellana is opposed to the Rule 11, if you have any questions please call me.
From: Audelia Sanchez
Sent: Wednesday, May 13, 2020 3:04 PM
To: Rudy V, Limas ; Gracie Marroquin ; Jon Elliot Robinson
Cc: Janelle Caso
Subject: 5895162-2 / Ricardo Aguilera vs. Ottmar Cano
Good afternoon Rudy,
Attached please find a Rule 11 removing current trial setting from the Court's docket, per the court
coordinator's request. Please have Mrs. Orellano review and sign and return to me for filing with the
court.
If you have any questions, please feel free to contact our office.
Thank you.
Audelia Sanchez
Paralegal
Chavez Legal Group
Staff Counsel for Loya Insurance Group
11900 N. 26th Street, Suite 200
Edinburg, Texas 78539
Phone: (956) 289-2199
Direct Line (956)289-2212
Facsimile: (956) 393-2699
https:/outlook.office365.com/mailinbox/id/
AAQkADMOZTMBO TNkLTAWMWMINGQ42C1 hNilx_TdlYTM4 MTIZNzRhY QAQAHCIdNMOWadHIZoV9K%2... U2
5/15/2020 Mail - Janelle Caso - Outlook
Electronically Submitted
NOTICE: Please be advised that this email address does not belong to the attorney of record for this case and is not intended for service of 5/15/2020 2:31 PM
Hidalgo County Clerk
documents or filings of any type. If you wish to service documents on this case, please contact the attorney of record for a Propecepte aby O8 ca r Gonzalez
which service may be accomplished,
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Electronically Submitted 5/15/2020 2:31 PM Hidalgo County Clerk Accepted by: Oscar Gonzalez CAUSE NO, CL-19-4601-A RICARDO AGUILERA IN THE COUNTY COURT PLAINTIFF vs. AT LAWNO.1 OTTMAR CANO DEFENDANT HIDALGO COUNTY, TEXAS DEFENDANT OTTMAR CANO’S MOTION FOR EMERGENCY HEARING VIA ZOOM TO THE HONORABLE COURT: COMES NOW, OTTMAR CANO, Defendant in the above-styled and numbered cause and files this Motion for Emergency Hearing via Zoom and would show the court the following: 1 Plaintiff Ricardo Aguilera filed suit against Defendant Omar Cano on August 28, 2019. Defendant Omar Cano filed an Original Answer on October 4, 2019. Plaintiff Ricardo Aguilera and Defendant Omar Cano participated in a Docket Control Conference on November 5, 2019. A Docket Control was filed on December 11, 2019, See Exhibit 1. A trial setting of May 11, 2020 was given. By way of discovery, Plaintiff learned that he had sued the wrong party. As a result, Plaintiff filed an Amended Original Petition and Motion for Non-Suit as to Omar Cano. See Exhibit 2. This Honorable Court granted Plaintiff's Motion for Non-Suit on December 9, 2019. See Exhibit 3. As a result, Defendant closed its file. On December 12, 2019, Defendant Ottmar Cano was served. See Exhibit 4, On January 8, 2020, Defendant Ottmar Cano filed his Original Answer. See Exhibit 5. Since Plaintiff had filed the Docket Control Order reflecting the parties’ prior agreement when Omar Cano was a party to the case, Defendant’s Counsel made numerous attempts to get a new Docket Control Order which included the new Defendant in this matter. See Exhibit 6 and 7. Plaintiff's counsel represented to Defendant’s counsel that they were going to file a Rule 11 Agreement passing the Electronically Submitted 5/15/2020 2:31 PM Hidalgo County Clerk Accepted by: Oscar Gonzalez current trial setting. After weeks of no response from Plaintiffs counsel, Defendant prepared a proposed Rule 11 Agreement passing the current trial setting of July 6, 2020. See Exhibit 8. Plaintiff’s attorney is now opposed to the Rule 11 Agreement passing the current trial setting. See Exhibit 9. Trial in this matter has been moved by the court from May 11, 2020 to uly 6, 2020, due to the ongoing CO-VID pandemic. Currently, there is no docket control order in place that was agreed to by Defendant Ottmar Cano. Depositions and mediation have not taken place. Additionally, Defendant has not designated experts in this case. Defendant’s counsel did not designate experts in this case because it was her understanding that Plaintiffs counsel had agreed to remove the current trial setting. Defendant respectfully requests that the Court grant Plaintiffs Motion for Emergency Hearing and provide the parties with a new Docket Control Conference date. WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Honorable Court grant Defendant’s Motion for Emergency Hearing via Zoom and provide the parties a new Docket Control Conference Date. Respectfully submitted, CHAVEZ LEGAL GROUP Attorneys At Law 11900 N. 26" Street, Suite 200 Edinburg, Texas 78539 Telephone (956) 289-2199 Facsi (956) 289-229 By: JANELLE VCAS State Bar No. 24095929 caso@chavezlegalgroup.com ATTORNEY FOR DEFENDANT OTTMAR CANO Electronically Submitted 5/15/2020 2:31 PM Hidalgo County Clerk Accepted by: Oscar Gonzalez CERTIFICATE OF SERVICE I, the undersigned, hereby certify that a true and correct copy of the foregoing instrument has been forwarded electronic service, in accordance with the Texas Rules of Civil Procedure, to all counsel of record on the istay of May, 2020, as follows: Via electronic seryice: Graciela Orellana LAW OFFICES OF EZEQUIEL REYNA, JR., P.C. Ezequiel Reyna, Jr. 702 W. Expressway 83, Suite 100 Weslaco, Texas 78596 $895162-2 OWL LUE V. CASO/ sue Ene le d 4 tk abegentedp eZ CAUSE NO. CL-19-4601-A RICARDO AGUILERA IN THE COUNTY COURT Plaintiff vs AT LAW NO. 1 OMAR CANO Defendant HIDALGO COUNTY, TEXAS DOCKET CONTROL ORDER BE IT REMEMBERED that on November 05, 2019, a Docket Control Conference was held in the above-entitled and numbered cause. Appearances were made by telephone: Hon. Graciela Orellana (by Cristy) for Plaintiff, D. Janelle V. Caso (by Audelia) for Defendant. A. Jury tial was requested. Estimated length of trial is 3 days. B. The case is set for Pretrial Conference on May 06, 2020 at 9:00 a.m., followed by jury selection and trial on May 11, 2020 at 9:00 a.m. Cc The deadline for completion of discovery is: April 10, 2020 D. The deadline for amendment of pleadings is: Plaintiff: April 27,2020 Defendant: May 04, 2020 The deadline for joinder of additional parties is: February 11, 2020 The deadline for designation of experts is: Plaintiff; February 11,2020 Defendant: March 12, 2020 G. The court requires mediation 30 days before trial: April 10, 2020. IT IS FURTHER ORDERED that this case is set for its jury trial setting on May 11, 2020 at 9:00 am in the Hidalgo County Court at Law No. 1 in Hidalgo County, Texas. SIGNED this 16th__ day of _ December 2019. Kath Doha: JUD PRESIDING Received from the Court 12/16/2019 9:00 AM On, initials: 4 - . Ee ie d ioies tk phcepnad EZ APPROVED AND AGREED: - OM. Graciela Orellana State Bar No, 24085450 Ezequiel Reyna, Jr. State Bar No, 16794798 702 W. Expressway 83, Suite 100 Weslaco, Texas 78596 Telephone: (956) 968-9556 Facsimile: (956) 969-4171 Email: gracie@zreynalaw.com Attorneys for Plaint}i Janel Own, Caso AS ) Chaveg/Legal Group 11900°N, 26" Street, Suite 200 Edinburg, Texas 78539 Tel: (956) 289-2199 Fax: (956) 289-2299 Email: caso@chavezlegalgroup.com Attorney for Defendant Electronically Submit Elect NYS eho Accepted by: Samgui ictlerk Accepted by: Oscar Gonzalez CAUSE NO. CL-19-4601-A RICARDO AGUILERA IN THE COUNTY COURT Plaintiff VS ATLAWNO. 1 OMAR CANO Defendant HIDALGO COUNTY, TEXAS PLAINTIFF’S FIRST AMENDED ORIGINAL PETITION AND MOTION FOR NON-SUIT AS TO OMAR CARO TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW RICARDO AGUILERA, (hereinafter, “Plaintiff’), and files this First Amended Original Petition complaining of OTTMAR CANO, (hereinafter, “Defendant”), and Motion for Non-suit as to OMAR CANO and shows: L EXPEDITED ACTION / DISCOVERY CONTROL PLAN Plaintiff intends to prosecute this case as an expedited action under Tex.R.Civ.P. 169, and intends to proceed under Discovery Control Plan No. 1. 2. PARTIES Plaintiff is an individual who resides in Hidalgo County, Texas. Defendant OTTMAR CANO is an individual residing in Hidalgo County, Texas who may be served as follows and/or any location where he may be found: OTTMAR CANO 737 E. Garfield San Juan, Texas 78589 JURISDICTION The Defendant is amenable to service of process by a Texas court, This court has jurisdiction over the controversy because the incident made the basis of the suit occurred in 243621— Amended POP Page oo een Electronically Submit ‘UbsHitted Inty10? M Accepted by: SamgatheuMantierk Accepted by: Oscar Gonzalez Texas, and since Plaintiff's damages are within the Court’s jurisdictional limits. 4, VENUE Venue is proper in Hidalgo County, Texas, pursuant to Section 15.002(a)(2)(4) of the Texas Civil Practice and Remedies Code, because Defendant Ottmar Cano resides is in this county and is the county in which the plaintiff resided at the time the incident made the basis of this suit. 5, FACTS On or about September 20, 2018, Plaintiff RICARDO AGUILERA was driving a Kenworth Tractor Trailer traveling southbound on U.S. 77 in Kleberg County, Texas. Defendant OTTMAR CANO was driving a GMC Sierra traveling directly behind the Plaintiff, Plaintiff continued to travel southbound when Defendant OTTMAR CANO failed to control his speed causing him to collide into Plaintiff's vehicle. 6. NEGLIGENCE The collision described above, and the resulting injuries and damages suffered by Plaintiff, were actually and proximately caused by the negligence of DEFENDANT OTTMAR CANO in one or more of the following acts or omissions: @ failing to control his speed; driver inattention; failing to timely and properly apply his brakes prior to the collision; failing to yield as a person of prudent care would have done; and failing to maintain such lookout as a person of ordinary prudence would have maintained under the same or similar circumstances. oY ee 9a EES qeeesene 243621 ~ Amended POP. Page 2 ce ee oatD apihed Elegie Accepted by: eae ai Accepted by: Oscar Gonzalez 7. PERSONAL INJURY DAMAGES As a direct and proximate result of Defendant’s acts and omissions, Plaintiff suffered serious personal injuries. Plaintiffs damages exceed the minimum jurisdictional limit of this Court, and include, ° past, present, and future medical bills; e past, present, and future physical impairment; and e past, present, and future physical pain and mental anguish. Plaintiff seeks only monetary relief aggregating $100,000 or less, including damages of any kind, penalties, costs, expenses, pre-judgment interest, and attorney’s fees (if any) 8 PREJUDGEMENT INTEREST Plaintiff seeks pre-judgment interest on the past damages found by the trier of fact. 9. JURY DEMAND Plaintiff demands a trial by jury and shall tender the jury fee. 10 REQUEST FOR DISCLOSURE/DISCOVERY Pursuant to Rule 194, Tex.R.Civ.P, the Defendant is requested to disclose, within 50-days of service of this request, the material and information described in Tex.R.Civ.P. 194.2 (a)-() In addition to the content subject to disclosure under Rule 194.2, the Defendant is requested to disclose all documents, electronic information, and tangible items that the disclosing party has in his/her/its possession, custody, or control and may use to support its claims or defenses. Plaintiff's written interrogatories and request for production to Defendant is served with this petition, and are attached to the pleading as EXHIBIT A and EXHIBIT B. i REQUEST FOR EXPEDITED TRIAL SETTING Pursuant to Tex.R.Civ.P. 169 2), Platntift requests that the court set the case for a trial eremenmeemn ame cone eevee 243621 — ‘Amended POP Page 3 Electronically Submit fed E leg Accepted by: f 8 9'lerk Accepted by: Oscar Gonzalez date that is within 90 days after the discovery period in Rule 190.2 (b)(1) ends. 12. NOTICE PURSUANT TO RULE 193.7 This will serve as formal written notice to you, pursuant to Rule 193.7 of the Texas Rules of Civil Procedures, of the Plaintiff(s)’ intent to use at trial any and all documents, which you have produced on behalf of the Defendant(s) in response to any formal written discovery request, and any and all supplemental and/or amended responses to any formal written discovery requests, including, but not limited to, answers to interrogatories; responses to requests for production; responses to requests for disclosures, affidavit, deposition, deposition on written questions, Rule 11, or any documents and things created and/or produced by Defendant(s) from any source, and provided to the Plaintiff(s). 13. NON-SUIT AS TO OMAR CANO. Movant Ricardo Aguilera filed the above-entitled and numbered cause against OMAR CANO. Plaintiff filed suit against the wrong person in error. Plaintiff no longer desires to prosecute his case against OMAR CANO. The correct Defendant has been named in this suit. PRAYER WHEREFORE, Plaintiff prays that, on final trial, he has: 1) Judgment against Defendant for damages in a sum in excess of the minimum jurisdictional limits of the court not to exceed $100,000; 2) Pre-judgment interest; 3) Post-judgment interest; 4) Costs of suit; 5) Non-suit as to Omar Cano; 6) All such other relief, at law or at equity, to which Plaintiff may show himself to be manera 2436! = Amended POP Page 4 bi ectronically Submit es ea i Accepted by: Siaiaigp iilerk Accepted by: Oscar Gonzalez entitled. Respectfully submitted, bea. “UL REYNA, JR., P.C. Graciela Orellana State Bar No. 24085450 Ezequiel Reyna, Jr. State Bar No. 16794798 702 W. Expressway 83, Suite 100 Weslaco, Texas 78596 (956) 968-9556 Phone / (956) 969-4171 Fax ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE A tre and correct copy of the Plaintiff’s First Amended Petition and Non-suit as to Omar Cano has been served on Defendants counsel of record pursuant to the Texas Rules of Civil Procedure on nis 5M day of Deceesber 2019 at the following address: Janelle V. Caso Chavez Legal Group 11900 N. 26" Street, Suite 200 Edinburg, Texas 78539 Tel: (956) 289-2199 Fax: (956) 289-2299 Graciela Orellana 243621 — Amended POP Page $ ci Electronical Submit E lecfi ied DIS M Accepted by: Samanta Meter: Accepted by: Oscar Gonzalez CAUSE NO. CL-19-4601-A RICARDO AGUILERA IN THE COUNTY COURT Plaintiff VS ATLAWNO. 1 OMAR CANO Defendant HIDALGO COUNTY, TEXAS ORDER The Court considered Plaintiffs Motion for Non-Suit as te Omar Cano and after reviewing the evidence and hearing the arguments of counsel, finds that the Motion should be GRANTED IT IS THEREFORE ORDERED that the Plaintiff's Motion for Non-Suit as to Omar Cano is GRANTED and the above-styled and numbered cause is dismissed with prejudice. SIGNED on 12/9/2019 11:17 AM __ 3049. Vrs ae joDee ff PRESID Graciela Orellana E-mail: gracie@zreynalaw.com; rudy@zreynalaw.com Janelle V. Casso E-mail: caso@chaveziegalgroup.com Recelved from the Court 12/10/2019 11:05 AM tatetats OG ELC LAN Electronically Submit Ga fas wt Ele Accepted bya ite A a! 2 eal Perk Accepted by: Oscar Gonzalez CAUSE NO, CL-19-4601-A THE STATE OF TEXAS COUNTY OF HIDALGO NOTICE TO DEFENDANT: “You. have been'sued. You may eiiploy ati attorney. If you or your attorney do not file a written answer with t he clerk who issued this citation by 10:00 a.m. on the Monday next following the expiration of twenty (20) days after you were served this citation and perition, a default judgment may be taken against you.” To: OTTMAR CANO 737 E GARFIELD ST SAN JUAN TX 78589 OR AT-SUCH OTHER PLACE AS-THE DEFENDANT MAY BE FOUND GREETINGS: You ate commanded to appear by filing a written: answer to the Plaintiff’s petition at or before 10 o’clock A.M, on or before the Monday next after the expiration of twenty.(20) days after the date of service hereof, before the Honorable County Court At Law #1 of Hidalgo County, Texas; by and through the Hidalgo County Clerk at J00N. Closner, First Floor, Edinburg, Texas 785939; Said Plaintiff's Petition was filed in said Court, on the Sth day of December, 2019 in this Cause Numbered CL- 19-4601-A on the docket of said Court, and styled, RICARDO AGUILERA v8. OMAR CANO; OTTMAR CANO The nature.of Plaintiff's demand is fully shown by a true and correct copy of Plaintiff's First Amended Original Petition And Motion For Non Suit As To Omar Cano accompanying this Citation and made a part hereof. NAME & ADDRESS OF ATTORNEY FOR PLAINTIFF: GRACIELA ORELLANA 702. W EXPRESSWAY 83 STE 100 WESLAEO TX 78596 The officer executing this citation shall promptly serve the same accotding to requirements of law, and the mandates hereof, and make due return as the law directs. ISSUED AND GIVEN UNDER MY HAND AND SEAL OF SAID COURT, at Edinburg, Texas this 10th day of December, 2019, ages ARTURO. GUAJARDO, JR. tae: Re i A) COUNTY CLERK, HIDALGO COUNTY, TEXAS 100 N. CLOSNER i EDINBURG, TEXAS 78539 COUNTY COURT AT LAW #1 ane BY path, Mt DEPUTY SAMANTHA MARTINEZ Electronically Submit Electtandaa Subihited DOCKET NO. CL-19-4601-A Accepted By. 5 fork Accepted by: Oscar Gonzalez RICARDO AGUILERA IN THE COUNTY COURT VS. court AT LAW #1 OMAR CANO; OTTMAR CANO oF HIDALGO COUNTY, TEXAS AFEIDA\ WiT_OF SERVICE Came to hand on December 12, 2019 at 11:45 A/M Executed at: 737 East Garfield Street in San Juan, Texas 78589 Within the County of Hidalgo at 4:20 PM, on Tuesda Ys December 17, 2019 By delivering to the within named: OTTMAR CANO In person a true copy of this CITATION AND PLAINTIFF’S ORIGINIAL PETITION Having first endorsed thereon the date AND time of the delivery. BEFORE ME, the undersigned authority, on this day personally appeared Juan Castillo who after being duly sworn on oath states: “My name is Juan Castillo. | am a person over eighteen (18) years of age and | am cornpetent to make this affidavit. | am a resident of the State of Texas. | am not a party to this suit nor related or affiliated with any herein, and have no interest in the outcome of the suit, | am familiar with the Texas Rules of Civil Procedure, and the Texas Practice and Remedies Codes as they apply to service of process. | have never been convicted of a felony or of a misdemeanor involving moral turpitude.” Che Juan Castillo PSC 12187, Exp. 07/31/2021 Auch Given under my hand Office on this JT day of Dewembe., 2019. : an s8iNitiyy, Notary Public in and for the State of ot, < Of PR oe = = & ons Electronically Submit E letra MBI sted Acceptectiya! tea keepinierk Accepted by: Oscar Gonzalez CAUSE NO, CL-19-4601-A RICARDO AGUILERA INTHE COUNTY COURT PLAINTIFF VS. ATLAWNO.1 OTTMAR CANO DEFENDANT HIDALGO COUNTY, TEXAS DEFENDANT’S ORIGINAL ANSWER, REQUESTS FOR DISCLOSURE AND REQUEST FOR JURY DEMAND TO THE HONORABLE COURT: COMES NOW, OTTMAR CANO, Defendant in the above-styled and numbered cause and files this his Original Answer to Plaintiff's First Amended Original Petition and would show the Court the following: 1 Defendant denies each and every, all and singular, all allegations contained in Plaintiffs First Amended Original Petition, and demands strict proof thereof as required by law. H. Defendant pleads that pursuant to §41.0105 of the Civil Practice and Remedies Code, Plaintiff’ recovery of medical and healthcare expenses is limited to the amount actually paid by Plaintiff or incurred by or on behalf of Plaintiffs. iil. Under the authority of Rule 194 of the Texas Rules of Civil Procedure, Defendant requests that the Plaintiff disclose the information or materia! described in Rule 194(a)-(1) of the Texas Rules of Civil Procedure. Iv. Defendant hereby makes its written request for a jury trial in this cause pursuant to Rule 216 of the Texas Rules of Civil Procedure and deposits with the County Clerk of Hidalgo County, Texas, the requisite jury fee of Forty Dollars and 00/100 ($40.00). 2 Electronically Submit Elech Acceptedpyalgsies aeWerk Accepted by: Oscar Gonzalez WHEREFORE, PREMISES CONSIDERED, Defendant prays that Plaintiff’s suit be dismissed at Plaintiff's cost, and for such other the further reliefto which Defendant may be entitled, either at law or in equity. Respectfully submitted, CHAVEZ LEGAL GROUP Attorneys At Law 11900 N, 26" Street, Suite 200 Edinburg, Texas 78539 Telephone (956) 289-2199 Facsimile (956) 289-2299 By JA NELLEW. CASO State Bar . 24095929 caso@chavezlegalgroup.com ATTORNEY FOR DEFENDANT OTTMAR CANO CERTIFICATE OF SERVICE I, the undersigned, hereby certify that a true and correct copy of the foregoing instrument Sas has been forwarded electro: nic vice, in accordance with the Texas Rules of Civil Procedure, to all counsel of record on the day of January, 2020, as follows: Via electronic service: Graciela Orellana LAW OFFICES OF EZEQUIEL REYNA, JR, P.C. Ezequiel Reyna, Jr. 702 W. Expressway 83, Suite 100 Weslaco, Texas 78596 JANELLE V. CASO 58951622. 4128/2020 Mail - Audelia Sanchez - Outlook Electronically Submitted 5/15/2020 2:31 PM Hidalgo County Clerk Re: DCO - CL-19-4601-A Accepted by: Oscar Gonzalez Audelia Sanchez Tue 1/7/2020 10:13 AM To: Rudy V. Limas Ce: Janelle Caso Bcc: Audelia Sanchez Good morning Rudy. I do not know who the case is going to be assigned to. If you can recall, | spoke to you about this on December 12, 2019. At this time | explained to you that due to the non-suit of Omar Cano, we would have close out the file on our end. [also informed you that per Toni at the Judge's office, we were to fle a Rule 11 removing the current trial setting. You were going to speak with your attorney and call me back once you spoke with her. The Rule 11 has not been filed. Thanks. Audelia Sanchey Paralegal Chavez Legal Group Staff Counsel for Loya Insurance Group 11900 N, 26th Street, Suite 200 Edinburg, Texas 78539 Phone: (956) 289-2199 Direct Line (956)289-2212 Facsimile: (956) 393-2699 NOTICE: Please be advised that this email address docs not belong to the attorney of record for this case and is not intended for service of documents or filings of any type. Ifyou wish to service documents on this case, please contact the attorney of record for a proper email address on which service may be accomplished. wee on nnn nemnonnnnnenneenn cone ee From: Rudy V. Limas Sent: Monday, January 6, 2020 5:01 PM To: Audelia Sanchez Subject: RE: DCO - CL-19-4601-A Good afternoon Audelia, Just wanted to see if your office will be handling the case now that the correct defendant has been served. | don’t think he has filed an answer, but it would be the same insurance policy. Please advise. From: Audelia Sanchez Sent: Wednesday, November 20, 2019 10:43 AM To: Rudy V. Limas Subject: Re: DCO - CL-19-4601-A i Morning Rudy. https:/outlook office. com/mail/search/id/AAQKADVIY TAQZGUOLTIJOTMINGU5My 1 INDNmLTMSODNKY24M 2FINWAQABIE %2BT HuU7gnFcBzprSBs.. us 4/28/2020 Mail - Audelia Sanchez - Outlook. Electronically Submitted 5/15/2020 2:31 PM jo County Clerk I I'm so sorry! Let me have Mrs. Caso sign it again when she gets back in the morning, Not sure where placed thaapie car Gonzalez one! Ave we still filing it? You mentioned you were going to file a dismissal on it and re-file with correct Defendant. Audelia Sanchey Paralegal Chavez Legal Group Staff Counsel for Loya Insurance Group igoo N. 26th Street, Suite 200 Edinburg, Texas 78539 Phone: (956) 289-2199 Direct Line (956)289-2212 Facsimile: (956) 393-2699 NOT ease be advised that this emait address docs not helong to the attorney of record far this case and is not intended for service of documents or filings of any type. If you wish to service documents on this case, please contact the attorncy of record for a proper email address on which service may be accomplished. coe - ~ een -. ences saan From: Rudy V. Limas Sent: Wednesday, November 20, 2019 9:44 AM To: Audelia Sanchez Subject: FW: DCO - CL-19-4601-A Audelia, This DCO is unsigned. May you please send over the signed one so | may e-file. Thanks! From: Audelia Sanchez Sent: Wednesday, November 13, 2019 2:59 PM To: Rudy V. Limas Subject: Re: DCO - CL-19-4601-A Hi Rudy. Attached is the signed DCO. Thanks! AuddioaSanchey Paralegal Chavez Legal Group Staff Counsel for Loya Insurance Group goo N. 26th Street, Suite 200 Edinburg, Texas 78539 Phone: (956) 289-2199 https://outlook. office .corn/mail/search/id/AAQKADVIY TACZGUOLTIJOTMINGUSMy 1 INDNmLTMB5ODNKY214M, 2FINWAQABIGE%2BTHuU7gnFcBzprSBs... 2/3 4/28/2020 Mail - Audetia Sanchez - Outiock Electronically Submitted Direct Line (956)289-2212 5/15/2020 2:31 PM Hidalgo County Clerk Facsimile: (956) 393-2699 Accepted by: Oscar Gonzalez NOTICE: Please be advised that this email address docs not belong to the attorney of record for this case and is not intended for service of documents or filings of any type, If you wish to service documents on this case, please contact the attomey of record for a proper email address on which service may be accomplished. ween oa cece an pe ~ From: Rudy V. Limas Sent: Thursday, November 7, 2019 4:33 PM To: Audelia Sanchez Cc: Gracie Marroquin ; Christy Gonzalez Subject: DCO - CL-19-4601-A Good afternoon, Please see attached DCO for the above referenced case. if agreed to please return so that it may be e-filed. Respectfully, Rudy V Limas Litigation Assistant to Graciela Orellana Attorney Law Offices of Ezequiel Reyna, Jr, 702 W. Expressway 83, Ste. 100 Weslaco, TX 78596 Telephone: (956) 968-9556 Fax: (956) 969-4171 https://outtook.office.com/mail/search/id/AAQKADVIY TACZGUOLTIjOTMINGUSMy1 INDNmLTMS5ODNkY214M2FINWAQABIGE%2BT HuU7gnFcBzprSBs... us Electronically Submitted 5/15/2020 2:31 PM Hidatgo curt, Clerk Filters Used: Dath (Saned Dyes alez i Tagged Record Note Report Time Printed: 9:49AM Printed By. AUS Form Format Date 3/12/2020 Time 10:18AM 40:18AM Duration 0.00 (hours)Code Jelephone Conference Description Code Description Staff Audelia Sanchez Atty MatterRef R. AGUILERA VS. OTTMAR CANO, ET. ClaimNo §895162-2 Alerts {days before)Follow N Done N Notify NHide N Trigger N Private N Status AbacusID Custom3 Custom2 Custom4 PathiName TIC to Rudy at OPC's office RE: deadlines on this case and new DCC. | told him deadiines were coming up and he never filed the Rule 41 with the Court removing the current trial setting. He stated he did remember about the Rule 11. | told him we have not even done depos and expert designation is today. He stated that the delay was their fault and that yes, we needed to request a new trial setting and that he would speak with his attorney and call me back. Electronically Submitted 5/15/2020 2:31 PM Hidalgo County Clerk Accepted by: Oscar Gonzalez CHAVEZ LEGAL GROUP ATTORNEYS AT LAW Starr COUNSEL FoR LoyA INSURANCE GROUP MAILING ADDRESS: 11900 NorTH 26™ St., SUITE 200 * EpivsurG, TEXAS 78539 (956) 289-2199 + FAX: (956) 393-2699 May 13, 2020 VIA E-SERVICE Honorable Rodolfo Gonzalez County Court #1-Hidalgo Hidalgo County Courthouse Edinburg, TX 78539 Re: Cause No.: CL-19-4601-A Style: Ricardo Aguilera vs. Ottmar Cano Court: County Court at Law No. 1, Hidalgo County, Texas File No: 5895162-2 Dear Judge Gonzalez, Please be advised that all parties have agreed that the current trial setting of July 6, 2020, at 9:00 a.m., be removed from the court's docket. When the Docket Control Conference was held on November 5, 2019, Defendant Ottmar Cano was not a party to this lawsuit. Therefore, the parties have not had adequate time to conduct discovery. We are requesting the court to provide us with a new docket control conference date, so that we may obtain a new trial setting. Thank you for your courtesies and should you have any questions, please feel free to contact our office. Sincerely, JANELLE V. CASO JVClas AGREED TO: Graciela Orellana LAW OFFICES OF EZEQUIEL REYNA, JR., P.C. ATTORNEY FOR PLAINTIFF 5/15/2020 Mail - Janelle Caso - Outlook Electronically Submitted 5/15/2020 2:31 PM Hidalgo County Clerk RE: 5895162-2 / Ricardo Aguilera vs. Ottmar Cano Accepted by: Oscar Gonzalez Rudy V. Limas Fri 5/15/2020 9:07 AM To: Audelia Sanchez ; Gracie Marroquin ; Jon Elliot Robinson Ce: Janelle Caso Good morning, At this time Ms. Orellana is opposed to the Rule 11, if you have any questions please call me. From: Audelia Sanchez Sent: Wednesday, May 13, 2020 3:04 PM To: Rudy V, Limas ; Gracie Marroquin ; Jon Elliot Robinson Cc: Janelle Caso Subject: 5895162-2 / Ricardo Aguilera vs. Ottmar Cano Good afternoon Rudy, Attached please find a Rule 11 removing current trial setting from the Court's docket, per the court coordinator's request. Please have Mrs. Orellano review and sign and return to me for filing with the court. If you have any questions, please feel free to contact our office. Thank you. Audelia Sanchez Paralegal Chavez Legal Group Staff Counsel for Loya Insurance Group 11900 N. 26th Street, Suite 200 Edinburg, Texas 78539 Phone: (956) 289-2199 Direct Line (956)289-2212 Facsimile: (956) 393-2699 https:/outlook.office365.com/mailinbox/id/ AAQkADMOZTMBO TNkLTAWMWMINGQ42C1 hNilx_TdlYTM4 MTIZNzRhY QAQAHCIdNMOWadHIZoV9K%2... U2 5/15/2020 Mail - Janelle Caso - Outlook Electronically Submitted NOTICE: Please be advised that this email address does not belong to the attorney of record for this case and is not intended for service of 5/15/2020 2:31 PM Hidalgo County Clerk documents or filings of any type. If you wish to service documents on this case, please contact the attorney of record for a Propecepte aby O8 ca r Gonzalez which service may be accomplished, CONFIDENTIALITY NOTICE: The contents of this email message and any attac