ACCEPTED
`13-24-00042-CV
`THIRTEENTH COURT OF APPEALS
`CORPUS CHRISTI, TEXAS
`2/21/2024 2:20 PM
`Kathy S. Mills
`CLERK
`
` IN THE THIRTEENTH COURT OF APPEALS
`CORPUS CHRISTI – EDINBURG, TEXAS
`
`No. 13-24-00042-CV
`
`§
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`§§
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`
`
`In Re SPACE EXPLORATION
`TECHNOLOGIES CORP.
`
`AND LAUREN KRUEGER,
`
`Relators
`
`REAL PARTY IN INTEREST, HECTOR GARCIA, JR’S SECOND MOTION TO EXTEND
`TIME TO FILE RESPONSE TO MANDAMUS PETITION
`
`ORIGINAL PROCEEDING FROM CAUSE NO. 2020-DCL-03930
`444TH DISTRICT COURT OF CAMERON COUNTY, TEXAS
`HON. DAVID A. SANCHEZ, PRESIDING
`
`TO THE HONORABLE JUSTICES OF THIS COURT:
`
`Real Party in Interest, Hector Garcia, Jr. (hereinafter “Real Party”), files this
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`motion for an extension of time to file his Response to the Mandamus Petition filed
`
`by Relators in this matter. Real Party respectfully shows:
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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 Party in Interest filed a 30-day extension on January 23,
`
`2024 which was granted, making this response due February 21, 2024. Real Party in
`
`1
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` FILED IN
`
` 13th COURT OF APPEALS
`
`CORPUS CHRISTI/EDINBURG, TEXAS
`
` 2/21/2024 2:20:04 PM
`
` KATHY S. MILLS
`
` Clerk
`
`
`13-24-00042-CV
`THIRTEENTH COURT OF APPEALS
`CORPUS CHRISTI, TEXAS
`2/21/2024 2:20 PM
`Kathy S. Mills
`CLERK
`
` IN THE THIRTEENTH COURT OF APPEALS
`CORPUS CHRISTI – EDINBURG, TEXAS
`
`No. 13-24-00042-CV
`
`§
`§
`§
`§
`§
`
`§§
`
`
`
`In Re SPACE EXPLORATION
`TECHNOLOGIES CORP.
`
`AND LAUREN KRUEGER,
`
`Relators
`
`REAL PARTY IN INTEREST, HECTOR GARCIA, JR’S SECOND MOTION TO EXTEND
`TIME TO FILE RESPONSE TO MANDAMUS PETITION
`
`ORIGINAL PROCEEDING FROM CAUSE NO. 2020-DCL-03930
`444TH DISTRICT COURT OF CAMERON COUNTY, TEXAS
`HON. DAVID A. SANCHEZ, PRESIDING
`
`TO THE HONORABLE JUSTICES OF THIS COURT:
`
`Real Party in Interest, Hector Garcia, Jr. (hereinafter “Real Party”), files this
`
`motion for an extension of time to file his Response to the Mandamus Petition filed
`
`by Relators in this matter. Real Party respectfully shows:
`
`On January 12, 2024, this Court requested a response to the Mandamus
`
`Petition filed by Relators within 10 days of the Court’s order, making the response
`
`due January 22, 2024. Real Party in Interest filed a 30-day extension on January 23,
`
`2024 which was granted, making this response due February 21, 2024. Real Party in
`
`1
`
` FILED IN
`
` 13th COURT OF APPEALS
`
`CORPUS CHRISTI/EDINBURG, TEXAS
`
` 2/21/2024 2:20:04 PM
`
` KATHY S. MILLS
`
` Clerk
`
`
`
`Interest requests an additional 14 days to file his Response, making the response due
`
`March 6, 2024.
`
`This is Real Party’s second motion for an extension of time to file his
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`Response. Undersigned appellate counsel (“Durham”) conferred with William
`
`Peterson, counsel for Relator Space Exploration Technologies Corp., who advised
`
`that Relator Space Exploration Technologies Corp. is opposed to this extension.
`
`Durham also reached out to Michael Garatoni, trial counsel for Hector Garcia, Jr.
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`but did not receive a response.
`
`Durham also conferred with Brandy Voss, counsel for Real Parties in Interest
`
`Jose Ruiz and Humberto Garcia, who advised they are unopposed. Durham did not
`
`receive a response from Relator Krueger’s counsel, D. Alan Erwin.
`
`First and foremost, Real Party Hector Garcia, Jr. moves for a second extension
`
`to permit this Court to dispose of the February 14, 2024 Motion to Abate filed by
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`Real Parties in Interest, Jose Ruiz and Humberto Garcia. On February 15, 2024,
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`this Court ordered a response to the Motion to Abate and set the response
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`deadline as February 26, 2024, which is after the deadline to file the response to
`
`the petition for writ of mandamus, resulting in a procedural conundrum. Real
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`Party, Hector Garcia, Jr. filed his response—agreeing with and joining that Motion
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`to Abate—on February 16, 2024. However, the remaining parties have not yet filed
`
`responses but have until February 26th to do so.
`
`2
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`
`
`For those reasons, Real Party Hector Garcia, Jr. moves for this second
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`extension to allow time for the parties to file ordered responses by February 26,
`
`2024, and ultimately, to conserve resources of both the parties and the Court.
`
`Also, Durham has been engaged in the following cases in their various stages,
`
`resulting in good cause for this second extension request:
`
`1. the preparation of objections and supplemental objections following the
`
`Evidentiary Hearing held in Ex Parte Zackary Keith Huddleston; Cause No.
`
`B-31,380 on January 11, 2024 in Ector County, Texas;
`
`2. the preparation of Appellant’s Brief in Kenneth Frank McCann vs. The State
`
`of Texas; Cause Nos. 11-23-00166-CR and 11-23-00167-CR, timely
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`submitted on January 18, 2024;
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`3. the preparation of the Supplemental 11.07 Writ Application and Brief in Ex
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`Parte Jeffrey Lee Patterson; Cause No. W-1945392-A, submitted February
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`12, 2024.
`
`Due to researching and writing the foregoing, along with other briefs in
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`various stages of completion, Counsel is requesting a 14-day extension from the time
`
`that this Court either (1) grants the Motion to Abate and signs an amended new trial
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`order; or (2) denies the Motion to Abate.
`
`This request is not sought for purposes of delay but so that Real Party’s
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`position can be adequately represented.
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`3
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`
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`For the above reasons, Real Party respectfully requests that the Court
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`grant this motion as outlined above.
`
`Respectfully Submitted,
`BLIZZARD & ZIMMERMAN, P.L.L.C.
`1174 North 3rd St.
`Abilene, Texas 79601
`Tel: (325) 676.1000
`Fax: (325) 455.8842
`
`By:/s/Sarah Durham
`Sarah Durham
`State Bar No. 24116309
`
`CERTIFICATE OF CONFERENCE
`
`I certify that I conferred with William Peterson, counsel for Relator Space
`
`Exploration Technologies Corp., who advised that Relator Space Exploration
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`Technologies Corp. is opposed to this extension. I certify that I conferred with
`
`counsel for Real Parties in Interest Jose Ruiz and Humberto Garcia, Brandy Voss,
`
`who advised that Real Parties in Interest Jose Ruiz and Humberto Garcia do not
`
`oppose this extension. I certify that I attempted to confer with D. Alan Erwin,
`
`counsel for Relator Lauren Kreuger, and Michael Garatoni, trial counsel for Hector
`
`Garcia, Jr., through e-mail on February 20, 2024, but neither Mr. Erwin nor Mr.
`
`Garatoni responded to the e-mail.
`
`By:/s/ Sarah Durham
`Sarah Durham
`
`4
`
`
`
`CERTIFICATE OF SERVICE
`
` hereby certify that I have reviewed the above Second Extension of Time To
`
` I
`
`File Response to Petition for Writ of Mandamus Petition was served in accordance
`
`with Rule 9.5 of the Texas Rules of Appellate Procedure on William Peterson,
`
`Michelle Pector, Jared Wilkerson, and David Oliveira, attorneys for Space
`
`Exploration
`
`Technologies
`
`Corp.
`
`d/b/a
`
`Spacex,
`
`at:
`
`William.peterson@morganlewis.com,
`
`michelle.pector@morganlewis.com,
`
`jared.wilkerson@morganlewis.com, and doliveira@rofllp.com, respectively, in
`
`addition
`
`to D. Alan Erwin, attorney for Lauren Elizabeth Krueger, at
`
`aerwin@rofllp.com, Michael Garatoni, attorney for Hector Garcia at e-
`
`service@daspitlaw.com , and Brady Voss, attorney for Jose Ruiz and Humberto
`
`Garcia, at brandy@brandyvosslaw.com.
`
`
`
`
`By:/s/ Sarah Durham
`Sarah Durham
`
`
`
`5
`
`
`
`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.
`Jacob Blizzard on behalf of Sarah Durham
`Bar No. 24116309
`Jacob.Blizzard@blizzardlawfirm.com
`Envelope ID: 84747028
`Filing Code Description: Motion
`Filing Description: Motion to Extend Time to File Response to Mandamus
`Petition
`Status as of 2/21/2024 2:28 PM CST
`
`Associated Case Party: Space Exploration Technologies Corp.
`
`BarNumber
`15254675
`
`Name
`David G. Oliveira
`William R.Peterson
`Michelle Pector
`Jared Wilkerson
`
`doliveira@rofllp.com
`william.peterson@morganlewis.com
`michelle.pector@morganlewis.com
`jared.wilkerson@morganlewis.com
`
`TimestampSubmitted
`2/21/2024 2:20:04 PM
`2/21/2024 2:20:04 PM
`2/21/2024 2:20:04 PM
`2/21/2024 2:20:04 PM
`
`Status
`SENT
`SENT
`SENT
`SENT
`
`Associated Case Party: LaurenElizabethKrueger
`
`Name
`Dan Alan Erwin
`
`BarNumber
`6653020
`
`aerwin@rofllp.com
`
`TimestampSubmitted
`2/21/2024 2:20:04 PM
`
`Status
`SENT
`
`Associated Case Party: Jose Ruiz
`
`Name
`Brandy Wingate Voss
`Michael Raphael Cowen
`Melissa Thrailkill
`Shana Elick
`Julie Balovich
`
`Case Contacts
`
`BarNumber
`
`795306
`
`brandy@brandyvosslaw.com
`efilings@cowenlaw.com
`melissa@brandyvosslaw.com
`shana@brandyvosslaw.com
`julie@brandyvosslaw.com
`
`TimestampSubmitted
`2/21/2024 2:20:04 PM
`2/21/2024 2:20:04 PM
`2/21/2024 2:20:04 PM
`2/21/2024 2:20:04 PM
`2/21/2024 2:20:04 PM
`
`Status
`SENT
`SENT
`SENT
`SENT
`SENT
`
`Name
`Norma Orozco
`
`BarNumber Email
`norma.orozco@morganlewis.com
`
`TimestampSubmitted
`2/21/2024 2:20:04 PM
`
`Status
`SENT
`
`
`
`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.
`Jacob Blizzard on behalf of Sarah Durham
`Bar No. 24116309
`Jacob.Blizzard@blizzardlawfirm.com
`Envelope ID: 84747028
`Filing Code Description: Motion
`Filing Description: Motion to Extend Time to File Response to Mandamus
`Petition
`Status as of 2/21/2024 2:28 PM CST
`
`Associated Case Party: Hector Garcia Jr.
`
`Name
`Michael Garatoni
`
`BarNumber Email
`e-service@daspitlaw.com
`
`TimestampSubmitted
`2/21/2024 2:20:04 PM
`
`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 2:20:04 PM
`2/21/2024 2:20:04 PM
`2/21/2024 2:20:04 PM
`2/21/2024 2:20:04 PM
`
`Status
`SENT
`SENT
`SENT
`SENT
`
`
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