ACCEPTED
`13-24-00042-CV
`THIRTEENTH COURT OF APPEALS
`CORPUS CHRISTI, TEXAS
`1/22/2024 2:21 PM
`Kathy S. Mills
`CLERK
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` IN THE COURT OF APPEALS
`THIRTEENTH DISTRICT OF TEXAS
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`In Re SPACE EXPLORATION
`TECHNOLOGIES CORP.
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`AND LAUREN KREUGER,
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`Relator
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`§
`§
`§
` No. 13-24-00042-cv
`§
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`§
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`§
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`REAL PARTY IN INTEREST HECTOR GARCIA, JR’S FIRST MOTION
`FOR EXTENSION OF TIME TO FILE RESPONSE TO PETITION FOR
`WRIT OF MANDAMUS PETITION
`
`
`ORIGINAL PROCEEDING FROM CAUSE NO. 2020-DCL-03939
`444TH DISTRICT COURT OF CAMERON COUNTY, TEXAS
`HON. DAVID A. SANCHEZ, PRESIDING
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`TO THE HONORABLE JUSTICES OF THIS COURT:
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`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
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`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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`1
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` FILED IN
`
` 13th COURT OF APPEALS
`
`CORPUS CHRISTI/EDINBURG, TEXAS
`
` 1/22/2024 2:21:26 PM
`
` KATHY S. MILLS
`
` Clerk
`
`
`13-24-00042-CV
`THIRTEENTH COURT OF APPEALS
`CORPUS CHRISTI, TEXAS
`1/22/2024 2:21 PM
`Kathy S. Mills
`CLERK
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` IN THE COURT OF APPEALS
`THIRTEENTH DISTRICT OF TEXAS
`
`
`
`
`
`
`
`
`In Re SPACE EXPLORATION
`TECHNOLOGIES CORP.
`
`AND LAUREN KREUGER,
`
`
`
`
`
`
`
`
`Relator
`
`
`
`
`
`
`
`
`
`
`
`§
`§
`§
` No. 13-24-00042-cv
`§
`
`
`§
`§
`§
`
`REAL PARTY IN INTEREST HECTOR GARCIA, JR’S FIRST MOTION
`FOR EXTENSION OF TIME TO FILE RESPONSE TO PETITION FOR
`WRIT OF MANDAMUS PETITION
`
`
`ORIGINAL PROCEEDING FROM CAUSE NO. 2020-DCL-03939
`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
`
`1
`
` FILED IN
`
` 13th COURT OF APPEALS
`
`CORPUS CHRISTI/EDINBURG, TEXAS
`
` 1/22/2024 2:21:26 PM
`
` KATHY S. MILLS
`
` Clerk
`
`
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`due January 22, 2024. Real Party in Interest requests an additional 30 days to file his
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`Response, making the response due February 21, 2024.
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`This is Real Party’s first motion for an extension of time to file his Response.
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`Undersigned appellate counsel (“Durham”) conferred with William Peterson,
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`counsel for Relator Space Exploration Technologies Corp., who advised that Relator
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`Space Exploration Technologies Corp. does not oppose this extension. Durham also
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`conferred with Michael Garatoni, trial counsel for Hector Garcia, Jr., who is
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`unopposed to the motion. Mr. Garatoni and Durham agreed that she would file the
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`present extension motion on behalf of Hector Garcia, Jr..
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`Durham also conferred with Brandy Voss, counsel for Real Parties in Interest
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`Jose Ruiz and Humberto Garcia, who advised they do not oppose this extension.
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`Durham did not receive a response from Relator Kreuger’s counsel, D. Alan Erwin.
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`Accordingly, it is unknown whether Relator Lauren Kreuger is opposed to this
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`extension.
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`Durham relies on the following facts as good cause for the requested
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`extension:
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`Counsel has been engaged in the preparation for and attendance of the
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`Evidentiary Hearing held in Ex Parte John Eric Garcia; Cause Nos. 2006-CR-2946
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`and 2006-CR-2946, on January 5, 2024 in Bexar County, Texas. Counsel also
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`prepared for and attended the Evidentiary Hearing held in Ex Parte Zackary Keith
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`2
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`Huddleston; Cause No. B-31,380, on January 11, 2024 in Ector County, Texas.
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`Additionally, Counsel prepared the Appellant’s Brief filed in Kenneth Frank
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`McCann vs. The State of Texas; Cause Nos. 11-23-00166-CR and 11-23-00167-CR,
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`timely submitted on January 18, 2024. Finally, Counsel prepared the Proposed
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`Memorandum and Order Designating Issues in Ex Parte Raymond Scott Duke;
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`Cause No. 27241-A, timely submitted on January 19, 2024. Due to researching and
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`writing the foregoing, along with other briefs in various stages of completion,
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`Counsel is requesting a 30-day extension.
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`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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`For the above reasons, Real Party respectfully requests that the Court grant
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`this motion to extend the deadline for his Response to February 21, 2024.
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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
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`3
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`CERTIFICATE OF CONFERENCE
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`I certify that I conferred with William Peterson, counsel for Relator Space
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`
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`Exploration Technologies Corp., who advised that Relator Space Exploration
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`Technologies Corp. does not oppose this extension. I certify that I conferred with
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`counsel for Real Party in Interest Hector Garcia, Michael Garatoni, who advised that
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`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 on January 22, 2024, but Mr. Erwin did not return the e-mail.
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`By:/s/ Sarah Durham
`Sarah Durham
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`
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`CERTIFICATE OF SERVICE
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` hereby certify that I have reviewed the above Extension of Time To File
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`
`
` I
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`
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`Response to Petition for Writ of Mandamus Petition was served in accordance with
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`Rule 9.5 of the Texas Rules of Appellate Procedure on William Peterson, Michelle
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`Pector, Jared Wilkerson, and David Oliveira, attorneys for Space Exploration
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`Technologies Corp. d/b/a Spacex, at: William.peterson@morganlewis.com,
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`michelle.pector@morganlewis.com,
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`jared.wilkerson@morganlewis.com,
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`and
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`doliveira@rofllp.com, respectively, in addition to D. Alan Erwin, attorney for
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`4
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`
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`Lauren Elizabeth Krueger, at aerwin@rofllp.com, and Michael Garatoni, attorney
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`for Hector Garcia at e-service@daspitlaw.com .
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`
`
`
`By:/s/ Sarah Durham
`Sarah Durham
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`
`
`5
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`
`
`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: 83648944
`Filing Code Description: Motion
`Filing Description: Motion to Extend Time to File Response to Petition for
`Writ of Mandamus
`Status as of 1/22/2024 2:52 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
`1/22/2024 2:21:26 PM
`1/22/2024 2:21:26 PM
`1/22/2024 2:21:26 PM
`1/22/2024 2:21:26 PM
`
`Status
`SENT
`SENT
`SENT
`SENT
`
`Associated Case Party: LaurenElizabethKrueger
`
`Name
`Dan Alan Erwin
`
`BarNumber
`6653020
`
`aerwin@rofllp.com
`
`TimestampSubmitted
`1/22/2024 2:21:26 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
`1/22/2024 2:21:26 PM
`1/22/2024 2:21:26 PM
`1/22/2024 2:21:26 PM
`1/22/2024 2:21:26 PM
`1/22/2024 2:21:26 PM
`
`Status
`SENT
`SENT
`SENT
`SENT
`SENT
`
`Name
`Norma Orozco
`
`BarNumber Email
`norma.orozco@morganlewis.com
`
`TimestampSubmitted
`1/22/2024 2:21:26 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: 83648944
`Filing Code Description: Motion
`Filing Description: Motion to Extend Time to File Response to Petition for
`Writ of Mandamus
`Status as of 1/22/2024 2:52 PM CST
`
`Associated Case Party: Hector Garcia Jr.
`
`Name
`Michael Garatoni
`
`BarNumber Email
`e-service@daspitlaw.com
`
`TimestampSubmitted
`1/22/2024 2:21:26 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
`1/22/2024 2:21:26 PM
`1/22/2024 2:21:26 PM
`1/22/2024 2:21:26 PM
`1/22/2024 2:21:26 PM
`
`Status
`SENT
`SENT
`SENT
`SENT
`
`
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