Electronically Filed
`6/26/2023 10:07 AM
`Hidalgo County District Clerks
`Reviewed By: Marivelle Blackwood
`
`
`
`IN THE DISTRICT COURT OF
`
`CAUSE NO. C-0649-23-L
`
`
`
`
`
`HIDALGO COUNTY, TEXAS
`
`
`
`
`
`
`
`464th JUDICIAL DISTRICT COURT
`
`
`MARCO DELEON AND
`
`BETTY DELEON,
`
`
`
`Plaintiffs,
`
`
`
`
`
`
`
`
`
`VS.
`
`
`
`
`
`ERNESTO E. ROSILES AND
`SPACE EXPLORATION
`
`TECHNOLOGIES CORP.,
`
`Defendants.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`PLAINTIFFS’ OBJECTION TO DEFENDANTS’ NOTICE OF INTENT
`
`Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiffs Marco Deleon and
`
`Betty Deleon file their objection to Defendant Ernesto E. Rosiles’ notice of intent to use any and
`
`all items produced in response to any written discovery which have not been independently
`
`authenticated.
`
`On June 16, 2023, Defendant filed his Rule 193.7 Notice of Intent to Use Evidence. In it,
`
`Defendant stated the following:
`
`Please take notice, pursuant to Rule 193.7 of the Texas Rules of
`Civil Procedure, that ERNESTO E. ROSILES, one of the
`Defendants in the above-styled and numbered cause intend to use
`any and all documents, photographs and experts and witnesses
`designated by Plaintiffs and Defendants in response to written
`discovery, in this case at any special appearance hearing, pre-trial
`hearings, and/or jury trial against the party that produced such
`documents.
`
`See Defendants’ Rule 193.7 Notice of Intent to Use Evidence.
`
`Rule 193.7 of the Texas Rules of Civil Procedure states as follows:
`
`A party’s production of a document in response to written discovery
`authenticates the document for use against that party in any pretrial
`proceeding or at trial unless – within ten days or a longer or shorter
`time ordered by the court, after the producing party has actual notice
`that the document will be used – the party objects to the authenticity
`of the document, or any part of it, stating the specific basis for
`
`
`6/26/2023 10:07 AM
`Hidalgo County District Clerks
`Reviewed By: Marivelle Blackwood
`
`
`
`IN THE DISTRICT COURT OF
`
`CAUSE NO. C-0649-23-L
`
`
`
`
`
`HIDALGO COUNTY, TEXAS
`
`
`
`
`
`
`
`464th JUDICIAL DISTRICT COURT
`
`
`MARCO DELEON AND
`
`BETTY DELEON,
`
`
`
`Plaintiffs,
`
`
`
`
`
`
`
`
`
`VS.
`
`
`
`
`
`ERNESTO E. ROSILES AND
`SPACE EXPLORATION
`
`TECHNOLOGIES CORP.,
`
`Defendants.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`PLAINTIFFS’ OBJECTION TO DEFENDANTS’ NOTICE OF INTENT
`
`Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiffs Marco Deleon and
`
`Betty Deleon file their objection to Defendant Ernesto E. Rosiles’ notice of intent to use any and
`
`all items produced in response to any written discovery which have not been independently
`
`authenticated.
`
`On June 16, 2023, Defendant filed his Rule 193.7 Notice of Intent to Use Evidence. In it,
`
`Defendant stated the following:
`
`Please take notice, pursuant to Rule 193.7 of the Texas Rules of
`Civil Procedure, that ERNESTO E. ROSILES, one of the
`Defendants in the above-styled and numbered cause intend to use
`any and all documents, photographs and experts and witnesses
`designated by Plaintiffs and Defendants in response to written
`discovery, in this case at any special appearance hearing, pre-trial
`hearings, and/or jury trial against the party that produced such
`documents.
`
`See Defendants’ Rule 193.7 Notice of Intent to Use Evidence.
`
`Rule 193.7 of the Texas Rules of Civil Procedure states as follows:
`
`A party’s production of a document in response to written discovery
`authenticates the document for use against that party in any pretrial
`proceeding or at trial unless – within ten days or a longer or shorter
`time ordered by the court, after the producing party has actual notice
`that the document will be used – the party objects to the authenticity
`of the document, or any part of it, stating the specific basis for
`
`
`
`Electronically Filed
`6/26/2023 10:07 AM
`Hidalgo County District Clerks
`Reviewed By: Marivelle Blackwood
`
`objection…
`
`
`See TEX. R. CIV. P. 193.7.
`
`Texas Rule of Civil Procedure 193.7 is clear that the offering party must provide “actual
`
`
`
`notice” of the specific documents intended to be offered at any pre-trial proceeding or trial. Id.
`
`Since Defendant Rosiles did not designate a specific document, Plaintiffs must respond with a
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`global objection. Plaintiffs will narrow their objection when Defendant narrows his designation of
`
`documents.
`
`Respectfully submitted,
`
`Lapeze & Johns, P.L.L.C.
`
`
`By: ___________________________
`Keith W. Lapeze
`State Bar No. 24010176
`Taylor L. Shipman
`State Bar No. 24079323
`601 Sawyer Street, Suite 650
`Houston, Texas, 77007
`Telephone: (713) 739-1010
`Facsimile: (713) 739-1015
`
`
`
`
`ATTORNEYS FOR PLAINTIFFS
`
`
`
`
`
`Electronically Filed
`6/26/2023 10:07 AM
`Hidalgo County District Clerks
`Reviewed By: Marivelle Blackwood
`
`CERTIFICATE OF SERVICE
`
`
`
`
`
`
`
`
`
`____________________________________
`Keith W. Lapeze
`
`On this 26th day of June 2023, I hereby certify that a true and correct copy of the above
`and foregoing instrument was forwarded to all counsel of record as follows:
`
`Via E-Mail: jared.wilkerson@morganlewis.com
`Via E-Mail: michelle.pector@morganlewis.com
`Via E-File
`Michelle D. Pector
`Jared Wilkerson
`Morgan, Lewis & Bockius, LLP
`1000 Louisiana, Suite 4000
`Houston, Texas 77002
`
`Via E-mail: aerwin@rofllp.com
`Via E-mail: nancyg@rofllp.com
`Via E-Service
`D. Alan Erwin, Jr.
`Randall Gomez
`John Daniel “J.D.” Vela
`Roerig, Oliveira & Fisher, L.L.P.
`855 West Price Road, Suite 9
`Brownsville, Texas 78520
`
`
`
`
`
`
`
`
`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.
`Kiara Campos on behalf of Keith Lapeze
`Bar No. 24010176
`kiara@lapezejohns.com
`Envelope ID: 76945738
`Filing Code Description: Notice
`Filing Description: Filing Ltr - 193.7 Obj
`Status as of 6/26/2023 10:14 AM CST
`
`Associated Case Party: Space Exploration Technologies Corp.
`
`Name
`Michelle Pector
`Jared Wilkerson
`
`BarNumber Email
`michelle.pector@morganlewis.com
`jared.wilkerson@morganlewis.com
`
`TimestampSubmitted
`6/26/2023 10:07:08 AM
`6/26/2023 10:07:08 AM
`
`Status
`SENT
`SENT
`
`Case Contacts
`
`Name
`Norma Orozco
`Keith W.Lapeze
`TAYLOR SHIPMAN
`Kiara Campos
`Anita Malone
`
`BarNumber Email
`norma.orozco@morganlewis.com
`keith@lapezejohns.com
`taylor@lapezejohns.com
`kiara@lapezejohns.com
`records@lexitaslegal.com
`
`TimestampSubmitted
`6/26/2023 10:07:08 AM
`6/26/2023 10:07:08 AM
`6/26/2023 10:07:08 AM
`6/26/2023 10:07:08 AM
`6/26/2023 10:07:08 AM
`
`Status
`SENT
`SENT
`SENT
`SENT
`SENT
`
`Associated Case Party: ErnestoE.Rosiles
`
`Name
`D. Alan Erwin, Jr.
`Vilma Noyola
`Nancy Gonzalez
`
`BarNumber Email
`aerwin@rofllp.com
`vilman@rofllp.com
`nancyg@rofllp.com
`
`TimestampSubmitted
`6/26/2023 10:07:08 AM
`6/26/2023 10:07:08 AM
`6/26/2023 10:07:08 AM
`
`Status
`SENT
`SENT
`SENT
`
`
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