`
`
`ACCEPTED
`13-24-00042-CV
`THIRTEENTH COURT OF APPEALS
`CORPUS CHRISTI, TEXAS
`2/21/2024 1:38 AM
`Kathy S. Mills
`CLERK
`
`No. 13-24-00042-CV
`
`In the Thirteenth Court of Appeals
`Corpus Christi-Edinburg, Texas
`
`
`IN RE SPACE EXPLORATION TECHNOLOGIES CORP.
`AND LAUREN KREUGER
`
`
`ORIGINAL PROCEEDING FROM CAUSE NO. 2020-DCL-03939
`444TH DISTRICT COURT OF CAMERON COUNTY, TEXAS
`HON. DAVID A. SANCHEZ, PRESIDING
`
`REAL PARTIES IN INTEREST JOSE RUIZ AND HUMBERTO GARCIA’S
`SECOND MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO
`MANDAMUS PETITION
`
`
`TO THE HONORABLE THIRTEENTH COURT OF APPEALS:
`
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`Real Parties in Interest, Jose Ruiz and Humberto Garcia (hereinafter “Real
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`Parties”), file this second motion for an extension of time to file their Response to
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`the Mandamus Petition filed by Relators in this matter. Real Parties respectfully
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`show:
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`On January 12, 2024, this Court requested a response to the Mandamus
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`Petition filed by Relators within 10 days of the Court’s order, making the response
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`due January 22, 2024. Real Parties requested and received an additional 30 days to
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`file their Response, making the response due February 21, 2024.
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`1
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` FILED IN
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` 13th COURT OF APPEALS
`
`CORPUS CHRISTI/EDINBURG, TEXAS
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` 2/21/2024 1:38:55 AM
`
` KATHY S. MILLS
`
` Clerk
`
`
`
`
`
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`This is Real Parties’ second motion for an extension of time to file their
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`Response.
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`On February 14, 2024, Real Parties filed a Motion to Abate this proceeding,
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`which was opposed. Real Parties asserted that the Court should abate the proceeding
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`to allow the trial court to issue a revised motion for new trial, which will moot the
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`first issue raised in Relators’ Petition and cure any failure by the trial court to
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`adequately set out its reasons for granting a new trial—the subject of this proceeding.
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`The next day, this Court requested a response to the motion, but set the deadline to
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`respond as February 26, 2024—after the deadline to file the response to the petition
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`(in accordance with Texas Rule of Appellate Procedure 10.3(a), which requires a 10-
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`day response period for opposed motions).
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`Real Parties request that the Court extend the time to file Real Parties’
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`response to Relator’s petition to provide time for the Court to rule on the motion to
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`abate and to conserve the resources of both the parties and the Court. Real Parties
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`request the Court extend the deadline as follows: (1) if the Court grants the motion
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`to abate, two weeks after the trial court signs an amended new trial order; or (2) two
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`weeks after the Court denies the motion to abate. This request will allow time for
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`Real Parties to determine which issues require a response, and to address a newly
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`issued new trial order, if applicable.
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`2
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`The undersigned counsel conferred with William Peterson, counsel for
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`Relator Space Exploration Technologies Corp., who advised that Relator Space
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`Exploration Technologies Corp. opposes this extension. The undersigned counsel
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`conferred with Sarah Durham, counsel for Real Party in Interest Hector Garcia, Jr.
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`who advised that Real Party in Interest Hector Garcia, Jr. does not oppose this
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`extension (Ms. Durham has indicated that Hector Garcia, Jr. also intends to seek an
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`extension). The undersigned counsel also attempted to confer with D. Alan Erwin,
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`counsel for Relator Lauren Kreuger, by two e-mails and by phone. The undersigned
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`did not receive a response. Accordingly, it is unknown whether Relator Lauren
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`Kreuger is opposed to this extension request.
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`Additionally, the undersigned counsel is primarily responsible for preparing
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`Real Parties’ Response. The demands of other cases have made this extension
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`necessary, and good cause exists for the extension. Specifically, and among other
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`things, the undersigned counsel has been and will be occupied with the following:
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`a)
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`b)
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`Preparing the motion to abate in this Cause;
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`Preparing a response to an amended Rule 91a motion to dismiss, plea
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`to the jurisdiction, and plea in abatement, which are due February 21,
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`2024 in Cause No. 2023CCV-61340-2, Itabiricu Nacional de Pesquisa
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`Mineral LTDA v. Vale SA et al., in the County Court at Law No. 2 of
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`Nueces County, Texas;
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`3
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`
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`c)
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`Preparing Appellees’ brief due and filed on February 20, 2024 in Cause
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`No. 07-23-00424-CV, Lubbock County Water Control and
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`Improvement District No. 1 v. Rodriguez et al., in the Seventh Court of
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`Appeals;
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`d)
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`Negotiating and documenting the settlement of Cause No. 13-23-
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`00318-CV, Litif v. Jimenez, dismissed pursuant to settlement by this
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`Court on February 15, 2024;
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`e)
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`Attending
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`to numerous responsibilities as
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`the Large Section
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`Representative on the Board of the State Bar of Texas and as Treasurer
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`of the State Bar Appellate Section; and
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`f)
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`Numerous other matters,
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`including researching and preparing
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`discovery, jury charges, and dispositive motions in cases set for trial in
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`the coming months.
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`This request is not sought for purposes of delay but so that Real Parties’
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`positions can adequately be represented.
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`For all the foregoing reasons, Real Parties respectfully request that the Court
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`grant this request to extend the deadline as set forth above, and any further relief to
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`which Real Parties are entitled.
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`4
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`Respectfully submitted,
`
`/s/ Brandy Wingate Voss
`Brandy Wingate Voss
`State Bar No. 24037046
`208 W. Cano St.
`Edinburg, Texas 78539
`(956) 688-9033 main
`(956) 331-2230 fax
`brandy@brandyvosslaw.com
`Counsel for Real Parties in Interest Jose
`Ruiz and Humberto Garcia
`
`
`
`
`CERTIFICATE OF CONFERENCE
`
`I certify that I conferred with William Peterson, counsel for Relator Space
`
`Exploration Technologies Corp., who advised that Relator Space Exploration
`
`Technologies Corp. is opposed to this extension. I certify that I conferred with
`
`counsel for Real Party in Interest Hector Garcia, Sarah Durham, who advised that
`
`Real Party in Interest Hector Garcia does not oppose this extension. I certify that I
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`attempted to confer with D. Alan Erwin, counsel for Relator Lauren Kreuger,
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`through e-mail and telephone, but he did not return the e-mails or the call.
`
`
`
`
`
`
` /s/ Brandy Wingate Voss
`Brandy Wingate Voss
`
`
`
`
`
`5
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`On February 21, 2024, in compliance with Texas Rule of Appellate Procedure
`
`9.5, I served a copy of this Motion by e-service, e-mail, facsimile, or mail to:
`
`D. Alan Erwin
`aerwin@rofllp.com
`ROERIG, OLIVEIRA & FISHER
`LLP
`10225 N. 10th Street
`McAllen, TX 78504
`
`Counsel for Relator Lauren
`Elizabeth Krueger
`
`Sarah Durham
`sarah@blizzardlawfirm.com
`Blizzard & Zimmerman Attorneys
`1174 North 3rd Street
`Abilene, Texas 79601
`
`Michael H. Garatoni
`e-service@daspitlaw.com
`The Daspit Law Firm
`9601 McAllister Freeway, Suite 916
`San Antonio, Texas 78216
`
`Counsel for Hector Garcia, Jr.
`
`/s/ Brandy Wingate Voss
`Brandy Wingate Voss
`
`William R. Peterson
`william.peterson@morganlewis.com
`Michelle D. Pector
`michelle.pector@morganlewis.com
`Jared Wilkerson
`jared.wilkerson@morganlewis.com
`MORGAN, LEWIS & BOCKIUS
`LLP
`1000 Louisiana, Suite 4000
`Houston, Texas 77002
`
`David Oliveira
`doliveira@rofllp.com
`ROERIG, OLIVEIRA & FISHER
`LLP
`10225 N. 10th Street
`McAllen, TX 78504
`
`Counsel for Relator Space
`Exploration
`Technologies Corp.
`
`
`
`
`
`
`
`
`
`
`
`
`
`6
`
`
`
`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.
`Brandy Wingate Voss on behalf of Brandy Wingate Voss
`Bar No. 24037046
`brandy@brandyvosslaw.com
`Envelope ID: 84718332
`Filing Code Description: Motion
`Filing Description: Motion
`Status as of 2/21/2024 7:55 AM CST
`
`Associated Case Party: Jose Ruiz
`
`BarNumber
`
`795306
`
`Name
`Brandy Wingate Voss
`Michael Raphael Cowen
`Melissa Thrailkill
`Shana Elick
`Julie Balovich
`
`brandy@brandyvosslaw.com
`efilings@cowenlaw.com
`melissa@brandyvosslaw.com
`shana@brandyvosslaw.com
`julie@brandyvosslaw.com
`
`TimestampSubmitted
`2/21/2024 1:38:55 AM
`2/21/2024 1:38:55 AM
`2/21/2024 1:38:55 AM
`2/21/2024 1:38:55 AM
`2/21/2024 1:38:55 AM
`
`Status
`SENT
`SENT
`SENT
`SENT
`SENT
`
`Associated Case Party: Space Exploration Technologies Corp.
`
`BarNumber
`15254675
`
`doliveira@rofllp.com
`william.peterson@morganlewis.com
`michelle.pector@morganlewis.com
`jared.wilkerson@morganlewis.com
`
`TimestampSubmitted
`2/21/2024 1:38:55 AM
`2/21/2024 1:38:55 AM
`2/21/2024 1:38:55 AM
`2/21/2024 1:38:55 AM
`
`Status
`SENT
`SENT
`SENT
`SENT
`
`Name
`David G. Oliveira
`William R.Peterson
`Michelle Pector
`Jared Wilkerson
`
`Case Contacts
`
`Name
`Norma Orozco
`
`BarNumber Email
`norma.orozco@morganlewis.com
`
`TimestampSubmitted
`2/21/2024 1:38:55 AM
`
`Status
`SENT
`
`Associated Case Party: LaurenElizabethKrueger
`
`Name
`Dan Alan Erwin
`
`BarNumber
`6653020
`
`aerwin@rofllp.com
`
`TimestampSubmitted
`2/21/2024 1:38:55 AM
`
`Status
`SENT
`
`Associated Case Party: Hector Garcia Jr.
`
`
`
`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.
`Brandy Wingate Voss on behalf of Brandy Wingate Voss
`Bar No. 24037046
`brandy@brandyvosslaw.com
`Envelope ID: 84718332
`Filing Code Description: Motion
`Filing Description: Motion
`Status as of 2/21/2024 7:55 AM CST
`
`Associated Case Party: Hector Garcia Jr.
`
`Name
`Michael Garatoni
`
`BarNumber Email
`e-service@daspitlaw.com
`
`TimestampSubmitted
`2/21/2024 1:38:55 AM
`
`Status
`SENT
`
`Associated Case Party: Humberto Garcia
`
`Name
`Yazmin Campbell
`Terry Reeves
`Sarah Durham
`Morgan Walker
`
`BarNumber Email
`yazmin@blizzardlawfirm.com
`terry.reeves@blizzardlawfirm.com
`sarah@blizzardlawfirm.com
`Morgan@blizzardlawfirm.com
`
`TimestampSubmitted
`2/21/2024 1:38:55 AM
`2/21/2024 1:38:55 AM
`2/21/2024 1:38:55 AM
`2/21/2024 1:38:55 AM
`
`Status
`SENT
`SENT
`SENT
`SENT
`
`
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