ACCEPTED
`13-24-00042-CV
`THIRTEENTH COURT OF APPEALS
`CORPUS CHRISTI, TEXAS
`3/8/2024 5:18 PM
`Kathy S. Mills
`CLERK
`
` IN THE THIRTEENTH COURT OF APPEALS
`CORPUS CHRSITI – EDINBURG, TEXAS
`
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`
`
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`
`
`In Re SPACE EXPLORATION
`TECHNOLOGIES CORP.
`
`AND LAUREN KRUEGER,
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`Relator
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`
`§
`§
`§
` No. 13-24-00042-CV
`§
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`§
`§
`§
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`REAL PARTY IN INTEREST, HECTOR GARCIA, JR’S AGREEMENT TO
`REAL PARTIES IN INTEREST JOSE RUIZ’S AND HUMBERTO
`GARCIA’S AMENDED REPLY IN SUPPORT OF MOTION TO ABATE
`
`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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`Agreement to the Amended Reply in Support of Motion to Abate filed by Real
`
`Parties in Interest, Jose Ruiz and Humberto Garcia, (“Real Parties in Interest”) in
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`this matter. Real Party respectfully shows:
`
`
`Real Parties in Interest filed their original Motion to Abate on February
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`14, 2024. Real Party filed his Response to Real Parties’ Motion to Abate on
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`February 16, 2024. Pending the resolution of the Motion to Abate, Real Parties
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`1
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` FILED IN
`
` 13th COURT OF APPEALS
`
`CORPUS CHRISTI/EDINBURG, TEXAS
`
` 3/8/2024 5:18:30 PM
`
` KATHY S. MILLS
`
` Clerk
`
`
`13-24-00042-CV
`THIRTEENTH COURT OF APPEALS
`CORPUS CHRISTI, TEXAS
`3/8/2024 5:18 PM
`Kathy S. Mills
`CLERK
`
` IN THE THIRTEENTH COURT OF APPEALS
`CORPUS CHRSITI – EDINBURG, TEXAS
`
`
`
`
`
`
`
`
`In Re SPACE EXPLORATION
`TECHNOLOGIES CORP.
`
`AND LAUREN KRUEGER,
`
`
`
`
`
`
`
`
`Relator
`
`
`
`
`
`
`
`
`
`§
`§
`§
` No. 13-24-00042-CV
`§
`
`
`§
`§
`§
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`
`REAL PARTY IN INTEREST, HECTOR GARCIA, JR’S AGREEMENT TO
`REAL PARTIES IN INTEREST JOSE RUIZ’S AND HUMBERTO
`GARCIA’S AMENDED REPLY IN SUPPORT OF MOTION TO ABATE
`
`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
`
`Agreement to the Amended Reply in Support of Motion to Abate filed by Real
`
`Parties in Interest, Jose Ruiz and Humberto Garcia, (“Real Parties in Interest”) in
`
`this matter. Real Party respectfully shows:
`
`
`Real Parties in Interest filed their original Motion to Abate on February
`
`14, 2024. Real Party filed his Response to Real Parties’ Motion to Abate on
`
`February 16, 2024. Pending the resolution of the Motion to Abate, Real Parties
`
`1
`
` FILED IN
`
` 13th COURT OF APPEALS
`
`CORPUS CHRISTI/EDINBURG, TEXAS
`
` 3/8/2024 5:18:30 PM
`
` KATHY S. MILLS
`
` Clerk
`
`
`
`in Interest and Real Party each filed a Second Extension of Time to File their
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`Responses to Petition for Writ of Mandamus on February 21, 2024. Space
`
`Exploration Technologies Corp., (“Relator”) filed its Response to Second
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`Motions for Extension of Time on February 21, 2024 and later filed its
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`Response to the Motion to Abate on February 26, 2024. Real Parties in Interest
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`filed their Reply in Support of the Motion to Abate on March 7, 2024 and
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`amended it on March 8, 2024.
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`In their reply, Real Parties in Interest asserted two main points: I.
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`Relator failed to present a complete record of the trial along with the petition.
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`II. Abatement is clearly a more efficient remedy than dismissal to allow the
`
`trial court to issue an amended order. Real Party in Interest, Hector Garcia, Jr.
`
`agrees with and joins to assert each of those points in his present reply.
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`
`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
`
`
`
`2
`
`
`
`CERTIFICATE OF SERVICE
`
` hereby certify that I have reviewed the above Agreement to Real Parties in
`
` I
`
`Interest, Jose Ruiz’s and Humberto Garcia’s, Reply in Support of Motion to Abate
`
`and that it 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
`
`
`
`3
`
`
`
`Automated Certificate of eService
`This automated certificate of service was created by the efiling system.
`The filer served this document via email generated by the efiling system
`on the date and to the persons listed below. The rules governing
`certificates of service have not changed. Filers must still provide a
`certificate of service that complies with all applicable rules.
`Jacob Blizzard on behalf of Sarah Durham
`Bar No. 24116309
`Jacob.Blizzard@blizzardlawfirm.com
`Envelope ID: 85381913
`Filing Code Description: Response
`Filing Description: Real Party in Interest's Agreement to Real Parties in
`Interests' Amended Reply in Support of Motion to Abate
`Status as of 3/11/2024 7:33 AM 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
`3/8/2024 5:18:30 PM
`3/8/2024 5:18:30 PM
`3/8/2024 5:18:30 PM
`3/8/2024 5:18:30 PM
`
`Status
`SENT
`SENT
`SENT
`SENT
`
`Associated Case Party: LaurenElizabethKrueger
`
`Name
`Dan Alan Erwin
`
`BarNumber
`6653020
`
`aerwin@rofllp.com
`
`TimestampSubmitted
`3/8/2024 5:18:30 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
`3/8/2024 5:18:30 PM
`3/8/2024 5:18:30 PM
`3/8/2024 5:18:30 PM
`3/8/2024 5:18:30 PM
`3/8/2024 5:18:30 PM
`
`Status
`SENT
`SENT
`SENT
`SENT
`SENT
`
`Name
`Norma Orozco
`
`BarNumber Email
`norma.orozco@morganlewis.com
`
`TimestampSubmitted
`3/8/2024 5:18:30 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: 85381913
`Filing Code Description: Response
`Filing Description: Real Party in Interest's Agreement to Real Parties in
`Interests' Amended Reply in Support of Motion to Abate
`Status as of 3/11/2024 7:33 AM CST
`
`Associated Case Party: Hector Garcia Jr.
`
`Name
`Michael Garatoni
`
`BarNumber Email
`e-service@daspitlaw.com
`
`TimestampSubmitted
`3/8/2024 5:18:30 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
`3/8/2024 5:18:30 PM
`3/8/2024 5:18:30 PM
`3/8/2024 5:18:30 PM
`3/8/2024 5:18:30 PM
`
`Status
`SENT
`SENT
`SENT
`SENT
`
`
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