ACCEPTED
`13-24-00042-CV
`THIRTEENTH COURT OF APPEALS
`CORPUS CHRISTI, TEXAS
`2/21/2024 5:00 PM
`Kathy S. Mills
`CLERK
`
`No. 13-24-00042-CV
`
`In the Thirteenth Court of Appeals
`Corpus Christi, Texas
`
`In re SPACE EXPLORATION TECHNOLOGIES CORP. and
`LAUREN KRUEGER,
`Relators.
`
`Original Proceeding from the 444th District Court
`Cameron County, Texas, Trial Court Cause No. 2020-DCL-03939,
`Honorable David A. Sanchez, Presiding
`
`RELATORS’ RESPONSE TO SECOND MOTIONS FOR EXTENSION
`
`To the Honorable Justices of this Court:
`
`This Court requested that Real Parties in Interest respond to the Petition for
`
`Writ of Mandamus in ten days. Relators did not oppose a thirty-day extension.
`
`Today, the day that their response is due, Real Parties in Interest Jose Ruiz and
`
`Humberto Garcia (collectively, “Plaintiffs”) and Hector Garcia both filed motions
`
`seeking second extensions. In conferring on this motion, Plaintiffs explained that
`
`they seek an extension so that this Court can rule on their pending Motion to Abate.
`
`Relators oppose the extension. Plaintiffs’ response to the mandamus petition
`
`will confirm that their Motion to Abate should be denied. The resources of the
`
`parties and of this Court will be conserved by requiring Real Parties to take a position
`
`on Relators’ entitlement to the writ of mandamus and allowing Relators to file a
`
`combined reply in support of the petition and response to Plaintiffs’ motion.
`
`1
`
` FILED IN
`
` 13th COURT OF APPEALS
`
`CORPUS CHRISTI/EDINBURG, TEXAS
`
` 2/21/2024 5:00:29 PM
`
` KATHY S. MILLS
`
` Clerk
`
`
`13-24-00042-CV
`THIRTEENTH COURT OF APPEALS
`CORPUS CHRISTI, TEXAS
`2/21/2024 5:00 PM
`Kathy S. Mills
`CLERK
`
`No. 13-24-00042-CV
`
`In the Thirteenth Court of Appeals
`Corpus Christi, Texas
`
`In re SPACE EXPLORATION TECHNOLOGIES CORP. and
`LAUREN KRUEGER,
`Relators.
`
`Original Proceeding from the 444th District Court
`Cameron County, Texas, Trial Court Cause No. 2020-DCL-03939,
`Honorable David A. Sanchez, Presiding
`
`RELATORS’ RESPONSE TO SECOND MOTIONS FOR EXTENSION
`
`To the Honorable Justices of this Court:
`
`This Court requested that Real Parties in Interest respond to the Petition for
`
`Writ of Mandamus in ten days. Relators did not oppose a thirty-day extension.
`
`Today, the day that their response is due, Real Parties in Interest Jose Ruiz and
`
`Humberto Garcia (collectively, “Plaintiffs”) and Hector Garcia both filed motions
`
`seeking second extensions. In conferring on this motion, Plaintiffs explained that
`
`they seek an extension so that this Court can rule on their pending Motion to Abate.
`
`Relators oppose the extension. Plaintiffs’ response to the mandamus petition
`
`will confirm that their Motion to Abate should be denied. The resources of the
`
`parties and of this Court will be conserved by requiring Real Parties to take a position
`
`on Relators’ entitlement to the writ of mandamus and allowing Relators to file a
`
`combined reply in support of the petition and response to Plaintiffs’ motion.
`
`1
`
` FILED IN
`
` 13th COURT OF APPEALS
`
`CORPUS CHRISTI/EDINBURG, TEXAS
`
` 2/21/2024 5:00:29 PM
`
` KATHY S. MILLS
`
` Clerk
`
`
`
`In their Motion to Abate, Plaintiffs concede that the order granting a new trial
`
`is invalid. They agree that the order “fails to refer to record support for its
`
`conclusion” and fails “to specify the arguments it found were incurable.” Mot. Abate
`
`at 1.
`
`Because of this concession, Plaintiffs have no good-faith basis to oppose the
`
`Petition for Writ of Mandamus. Where a new trial order is invalid, this Court and
`
`the Texas Supreme Court uniformly (conditionally) grant the writ and direct that the
`
`new trial order be vacated. See, e.g., In re Rudolph Auto., 674 S.W.3d 289, 313–14
`
`(Tex. 2023); In re State Farm Mut. Auto. Ins. Co., No. 13-22-00589-CV, 2023 WL
`
`418699, at *5 (Tex. App.—Corpus Christi–Edinburg Jan. 26, 2023, orig.
`
`proceeding) (mem. op.); In re Torres, No. 13-20-00019-CV, 2020 WL 1615667, at
`
`*5 (Tex. App.—Corpus Christi–Edinburg Apr. 2, 2020, orig. proceeding) (mem.
`
`op.); In re Ramos, No. 13-19-00039-CV, 2019 WL 1930111, at *3 (Tex. App.—
`
`Corpus Christi–Edinburg May 1, 2019, orig. proceeding) (mem. op.).1
`
`This authority and counsel’s duty of candor to this tribunal means that
`
`Plaintiffs’ only possible response to Relators’ petition is to admit that the writ should
`
`issue and the new trial order be vacated.
`
`1 See also, e.g., In re Spotted Lakes, LLC, No. 04-23-00815-CV, 2024 WL 463348,
`at *4 (Tex. App.—San Antonio Feb. 7, 2024, orig. proceeding); In re Simms, No.
`14-19-00541-CV, 2019 WL 3822171, at *2 (Tex. App.—Houston [14th Dist.] Aug.
`15, 2019, orig. proceeding) (per curiam).
`
`2
`
`
`
`Plaintiffs’ Motion to Abate and Second Motion for Extension are simply an
`
`attempt to avoid acknowledging Relators’ entitlement to the writ, which Plaintiffs
`
`have no good-faith basis to deny. Plaintiffs’ response to Relators’ petition will
`
`confirm that Relators are entitled to relief in their mandamus petition and thus that
`
`granting the writ (rather than abatement) is the proper remedy.
`
`Real Parties’ responses should have already been prepared—the deadline is
`
`today—and in any event, a response acknowledging Relators’ entitlement to relief
`
`should require virtually no time to prepare.
`
`CONCLUSION AND PRAYER
`
`In light of the concessions in their Motion to Abate, Plaintiffs have no good-
`
`faith basis to oppose Relators’ Petition for Writ of Mandamus. Plaintiffs should not
`
`be permitted to avoid taking a position on Relators’ entitlement to the writ.
`
`Because Plaintiffs’ response to the petition will demonstrate that their Motion
`
`to Abate should be denied, the time and resources of this Court and the parties are
`
`best served by Real Parties responding to the petition before Relators respond to
`
`Plaintiffs’ motion. For these reasons, this Court should deny Real Parties’ Second
`
`Motions for Extension.
`
`3
`
`
`
`/s/ D. Alan Erwin
`ROERIG, OLIVEIRA & FISHER LLP
`D. Alan Erwin
`State Bar No. 06653020
`10225 N. 10th Street
`McAllen, TX 78504
`956.393.6300
`aerwin@rofllp.com
`
`Counsel for Relator Lauren Elizabeth
`Krueger
`
`/s/ William R. Peterson
`MORGAN, LEWIS & BOCKIUS LLP
`William R. Peterson
`State Bar No. 24065901
`william.peterson@morganlewis.com
`Michelle D. Pector
`State Bar No. 24027726
`michelle.pector@morganlewis.com
`Jared Wilkerson
`State Bar No. 24084096
`jared.wilkerson@morganlewis.com
`1000 Louisiana, Suite 4000
`Houston, Texas 77002
`(713) 890-5000
`(713) 890-5001 (Fax)
`
`ROERIG, OLIVEIRA & FISHER LLP
`David Oliveira
`State Bar No. 15254675
`10225 N. 10th Street
`McAllen, TX 78504
`956.393.6300
`doliveira@rofllp.com
`
`Counsel for Relator Space Exploration
`Technologies Corp.
`
`4
`
`
`
`CERTIFICATE OF SERVICE
`
`I certify that, on February 21, 2024, a true and correct copy of this motion was
`
`forwarded to all counsel of record by the Electronic Service Provider.
`
`Brandy Wingate Voss
`brandy@brandyvosslaw.com
`LAW OFFICES OF BRANDY WINGATE VOSS
`208 W. Cano St.
`Edinburg, Texas 78539
`
`Sonia Rodriguez
`efilings@cowenlaw.com
`COWEN RODRIGUEZ PEACOCK, PC
`6243 IH-10 West, Suite 801
`San Antonio, Texas 78201
`
`Counsel for Real Party in Interest Jose Ruiz and Humberto Garcia
`
`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
`
`Counsel for Real Party in Interest Hector Garcia, Jr.
`
`/s/ William R. Peterson
`William R. Peterson
`Counsel
`for Relator Space Exploration
`Technologies Corp.
`
`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.
`Norma Orozco on behalf of William Peterson
`Bar No. 24065901
`norma.orozco@morganlewis.com
`Envelope ID: 84764511
`Filing Code Description: Response
`Filing Description: Relators' Response to Second Motions for Extension
`Status as of 2/22/2024 7:41 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 5:00:29 PM
`2/21/2024 5:00:29 PM
`2/21/2024 5:00:29 PM
`2/21/2024 5:00:29 PM
`2/21/2024 5:00:29 PM
`
`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 5:00:29 PM
`2/21/2024 5:00:29 PM
`2/21/2024 5:00:29 PM
`2/21/2024 5:00:29 PM
`
`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 5:00:29 PM
`
`Status
`SENT
`
`Associated Case Party: LaurenElizabethKrueger
`
`Name
`Dan Alan Erwin
`
`BarNumber
`6653020
`
`aerwin@rofllp.com
`
`TimestampSubmitted
`2/21/2024 5:00:29 PM
`
`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.
`Norma Orozco on behalf of William Peterson
`Bar No. 24065901
`norma.orozco@morganlewis.com
`Envelope ID: 84764511
`Filing Code Description: Response
`Filing Description: Relators' Response to Second Motions for Extension
`Status as of 2/22/2024 7:41 AM CST
`
`Associated Case Party: Hector Garcia Jr.
`
`Name
`Michael Garatoni
`
`BarNumber Email
`e-service@daspitlaw.com
`
`TimestampSubmitted
`2/21/2024 5:00:29 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 5:00:29 PM
`2/21/2024 5:00:29 PM
`2/21/2024 5:00:29 PM
`2/21/2024 5:00:29 PM
`
`Status
`SENT
`SENT
`SENT
`SENT
`
`
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