`
`ACCEPTED
`13-24-00042-CV
`THIRTEENTH COURT OF APPEALS
`CORPUS CHRISTI, TEXAS
`1/22/2024 10:51 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
`FIRST MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO
`MANDAMUS PETITION
`
`
`TO THE HONORABLE THIRTEENTH COURT OF APPEALS:
`
`
`Real Parties in Interest, Jose Ruiz and Humberto Garcia (hereinafter “Real
`
`Parties”), file this motion for an extension of time to file their Response to the
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`Mandamus Petition filed by Relators in this matter. Real Parties respectfully 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 respectfully request an additional 30 days to file
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`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
`
` 1/22/2024 10:51:17 AM
`
` KATHY S. MILLS
`
` Clerk
`
`
`
`
`
`This is Real Parties’ first motion for an extension of time to file their
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`Response.
`
`The undersigned counsel conferred with William Peterson, counsel for
`
`Relator Space Exploration Technologies Corp., who advised that Relator Space
`
`Exploration Technologies Corp. does not oppose this extension. The undersigned
`
`also counsel conferred with Michael Garatoni, counsel for Real Party in Interest
`
`Hector Garcia, who advised that Real Party in Interest Hector Garcia does not oppose
`
`this extension. The undersigned counsel attempted to confer with D. Alan Erwin,
`
`counsel for Relator Lauren Kreuger, through e-mail on January 18, 2024 and phone
`
`calls on January 19, 2024 and January 22, 2024. The undersigned did not receive a
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`response. Accordingly, it is unknown whether Relator Lauren Kreuger is opposed to
`
`this extension request.
`
`The undersigned counsel is primarily responsible for preparing Real Parties’
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`Response. The undersigned counsel was only recently hired as appellate counsel and
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`requires time to study the record and Relator’s Mandamus Petition. Additionally, the
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`demands of other cases have made this extension necessary, and good cause exists
`
`for the extension. Specifically, and among other things, the undersigned counsel has
`
`been and will be occupied with the following:
`
`a)
`
`Preparing for and attending a jury trial commencing on January 8, 2024
`
`and ending January 12, 2024 in Cause No. 153-297168-18, Pachecano
`
`2
`
`
`
`
`
`et al. v. Jackson Construction, Ltd., in the 153rd District Court of
`
`Tarrant County, Texas;
`
`b)
`
`Preparing a response to a Rule 91a motion to dismiss, plea to the
`
`jurisdiction, and plea in abatement set for hearing January 31, 2024 in
`
`Cause No. 2023CCV-61340-2, Itabiricu Nacional de Pesquisa Mineral
`
`LTDA v. Vale SA et al., in the County Court at Law No. 2 of Nueces
`
`County, Texas;
`
`c)
`
`Preparing briefing for and attending a pretrial hearing on January 17,
`
`2024 in Cause No. C-3664-19-G, Martinez et. al. v. PGE Transport,
`
`Inc. et al., in the 370th District Court of Hidalgo County, Texas; and
`
`d)
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`Numerous other matters.
`
`This request is not sought for purposes of delay but so that Real Parties’
`
`positions can adequately be represented.
`
`For all the foregoing reasons, Real Parties respectfully request that the Court
`
`grant this request to extend the deadline for Real Parties’ Response to February 21,
`
`2024 and any further relief to which they may be justly entitled.
`
`
`
`
`
`
`3
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`
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`
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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. does not oppose this extension. I certify that I conferred with
`
`counsel for Real Party in Interest Hector Garcia, Michael Garatoni, who advised that
`
`Real Party in Interest Hector Garcia does not oppose this extension. I certify that I
`
`attempted to confer with D. Alan Erwin, counsel for Relator Lauren Kreuger,
`
`through e-mail on January 18, 2024 and telephone on January 19, 2024 and January
`
`22, 2024, but Mr. Erwin did not return the e-mail or the calls.
`
`
`
`
`
`
` /s/ Brandy Wingate Voss
`Brandy Wingate Voss
`
`
`
`
`
`4
`
`
`
`
`
`CERTIFICATE OF SERVICE
`On January 22, 2024, in compliance with Texas Rule of Appellate Procedure
`
`9.5, I served a copy of this notice upon all other parties proceeding by e-mail and/or
`
`facsimile as follows:
`
`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.
`
`D. Alan Erwin
`aerwin@rofllp.com
`ROERIG, OLIVEIRA & FISHER
`LLP
`10225 N. 10th Street
`McAllen, TX 78504
`
`Counsel for Relator Lauren
`Elizabeth Krueger
`
`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
`
`
`
`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.
`Brandy Wingate Voss on behalf of Brandy Wingate Voss
`Bar No. 24037046
`brandy@brandyvosslaw.com
`Envelope ID: 83632357
`Filing Code Description: Motion
`Filing Description: Motion
`Status as of 1/22/2024 11:12 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
`1/22/2024 10:51:17 AM
`1/22/2024 10:51:17 AM
`1/22/2024 10:51:17 AM
`1/22/2024 10:51:17 AM
`
`Status
`SENT
`SENT
`SENT
`SENT
`
`Associated Case Party: Jose Ruiz
`
`Name
`Michael Raphael Cowen
`
`BarNumber
`795306
`
`efilings@cowenlaw.com
`
`TimestampSubmitted
`1/22/2024 10:51:17 AM
`
`Status
`SENT
`
`Case Contacts
`
`Name
`Norma Orozco
`Brandy Wingate Voss
`Julie Balovich
`Melissa Thrailkill
`Shana Elick
`
`BarNumber Email
`norma.orozco@morganlewis.com
`brandy@brandyvosslaw.com
`julie@brandyvosslaw.com
`melissa@brandyvosslaw.com
`shana@brandyvosslaw.com
`
`TimestampSubmitted
`1/22/2024 10:51:17 AM
`1/22/2024 10:51:17 AM
`1/22/2024 10:51:17 AM
`1/22/2024 10:51:17 AM
`1/22/2024 10:51:17 AM
`
`Status
`SENT
`SENT
`SENT
`SENT
`SENT
`
`Associated Case Party: LaurenElizabethKrueger
`
`Name
`Dan Alan Erwin
`
`BarNumber
`6653020
`
`aerwin@rofllp.com
`
`TimestampSubmitted
`1/22/2024 10:51:17 AM
`
`Status
`SENT
`
`Associated Case Party: Humberto Garcia
`
`
`
`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: 83632357
`Filing Code Description: Motion
`Filing Description: Motion
`Status as of 1/22/2024 11:12 AM CST
`
`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
`1/22/2024 10:51:17 AM
`1/22/2024 10:51:17 AM
`1/22/2024 10:51:17 AM
`1/22/2024 10:51:17 AM
`
`Status
`SENT
`SENT
`SENT
`SENT
`
`Associated Case Party: Hector Garcia Jr.
`
`Name
`Michael Garatoni
`
`BarNumber Email
`e-service@daspitlaw.com
`
`TimestampSubmitted
`1/22/2024 10:51:17 AM
`
`Status
`SENT
`
`
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