On March 23, 2021 a
Motion - DEFENDANTS PICO PROPANE OPERATING, LLC D/B/A PICO PROPANE AND FUELS, MERITUM ENERGY HOLDINGS, L.P. & MERITUM ENERGY GP, LLP'S RULE 58 JOINDER IN PLAINTIFFS' RULE 196.7 MOTION TO ENTER PREMISES AND TAKE POSSESSION OF MATERIAL EVIDENCE: CELORIO TORTILLA MACHINE
was filed
involving a dispute between
Lopez, Imelda,
Mora, Luis Ernesto,
and
Abel Mercado D B A D.I.A.L. Plumbing,
Guerrero, Adan,
Lyesenia Barajas D B A Tortilleria Yesi,
Mereitum Energy Holdings, L.P.,
Meritum Energy Gp, L.L.P.,
Pico Propane Operating, Llc D B A Pico Propane And Fuels,
for Injury or Damage - Other (OCA)
in the District Court of Hidalgo County.
Preview
Electronically Filed
9/30/2022 3:07 PM
Hidalgo County District Clerks
Reviewed By: Jose C. Hernandez
(2021-126)
CAUSE NO. C-1123-21-C
LUIS ERNESTO MORA AND § IN THE DISTRICT COURT
IMELDA LOPEZ §
§
VS. §
§
IYESENIA GUADALUPE § 139TH JUDICIAL DISTRICT
BARAJAS d/b/a TORTILLERIA §
YESI, PICO PROPANE OPERATING, LLC §
D/B/A PICO PROPANE AND FUELS, §
ABEL MERCADO D/B/A DIAL §
PLUMBING AND ADAN GUERRERO, ET §
AL. § HIDALGO COUNTY, TEXAS
DEFENDANTS PICO PROPANE OPERATING, LLC D/B/A PICO PROPANE AND
FUELS, MERITUM ENERGY HOLDINGS, L.P. & MERITUM ENERGY GP, LLP’S
RULE 58 JOINDER IN PLAINTIFFS’ RULE 196.7 MOTION TO ENTER PREMISES
AND TAKE POSSESSION OF MATERIAL EVIDENCE: CELORIO TORTILLA
MACHINE
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW Defendants/Cross-Claimants, PICO PROPANE OPERATING, LLC D/B/A
PICO PROPANE AND FUELS (“PICO Propane” or “Defendant” or “Cross-Claimant”), MERITUM
ENERGY HOLDINGS, L.P. (“Meritum Holdings” or “Defendant” or “Cross-Claimant”), and
MERITUM ENERGY GP, LLP (“Meritum Energy” or “Defendant” or “Cross-Claimant”), and
hereby make and file this Rule 58 Joinder in Plaintiffs’ Rule 196.7 Motion to Enter Premises And
Take Possession Of Material Evidence: Celorio Tortilla Machine. For the sake of clarity and
brevity, PICO Propane, Meritum Holdings, and Meritum Energy will be collectively referred
to as “Defendant/Cross-Claimant PICO Propane.” Defendant/Cross-Claimant PICO Propane
would respectfully show the Court the following:
1. Pursuant to Rule 58 of the Texas Civil Practice & Remedies Code, Defendant/Cross-
Electronically Filed
9/30/2022 3:07 PM
Hidalgo County District Clerks
Reviewed By: Jose C. Hernandez
Claimant PICO Propane hereby joins in Plaintiffs’ Rule 196.7 Motion to Enter Premises And Take
Possession Of Material Evidence: Celorio Tortilla Machine with all accompanying exhibits as if such
motion was set forth fully herein. Defendant/Cross-Claimant PICO Propane attaches Plaintiffs’ Rule
196.7 Motion to Enter Premises And Take Possession Of Material Evidence: Celorio Tortilla
Machine as “Exhibit A.” Plaintiffs’ Motion has not been superceded by amendment or otherwise
resolved. Defendant/Cross-Claimant PICO Propane joins in Plaintiffs’ Rule 196.7 Motion to Enter
Premises And Take Possession Of Material Evidence: Celorio Tortilla Machine because it desires
the same relief sought by Plaintiffs.
PRAYER
Defendant/Cross-Claimant PICO Propane prays that this Court grant this Rule 58 Joinder and
Plaintiffs’ Rule 196.7 Motion to Enter Premises And Take Possession Of Material Evidence: Celorio
Tortilla Machine in full. Finally, Defendant/Cross-Claimant PICO Propane hereby prays for such
other and further relief, whether at law or in equity, whether general or special, whether pled or
unpled, to which Defendant/Cross-Claimant PICO Propane may be justly entitled.
Respectfully submitted,
HODGE JAMES JILPAS & NICHOLS
Attorneys at Law
P.O. Box 534329 (78553)
1617 E. Tyler Ave., Suite A
Harlingen, Texas 78550
Telephone: (956) 425-7400
Facsimile: (956) 425-7707
/s/ Bryan Nichols
Anthony B. James
State Bar No. 10537300
Email: ajames@hodgejames.com
Bryan Nichols
Defendants’ Rule 58 Joinder in Plaintiffs’ Rule 196.7 Motion to Enter Premises & Take Possession of Material
Evidence: Celorio Tortilla Machine/2021-126 Page 2
Electronically Filed
9/30/2022 3:07 PM
Hidalgo County District Clerks
Reviewed By: Jose C. Hernandez
State Bar No. 24041592
Email: bnichols@hodgejames.com
Attorneys for Defendants, PICO PROPANE
OPERATING, LLC D/B/A PICO PROPANE AND
FUELS, MERITUM ENERGY HOLDINGS, LP &
MERITUM ENERGY GP, LLP
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing document has been
served on the 30th day of September, 2022, to all attorneys of record via electronic mail/filing, as
follows:
Email: lit-docket@moore-firm.com
J. Michael Moore
The Moore Law Firm
4900 North 10th Street, Suite F-3
McAllen, Texas 78504
Attorney for Plaintiffs
Email: ybarajas1004@gmail.com
Iysenia Guadalupe Barajas
6204 N. Bentsen Palm Drive
Mission, Texas 78574
Pro Se Defendant - Iyesenia Barajas d/b/a Tortilleria Yesi
Email: dialplumbing0122@yahoo.com
Mr. Abel Mercado
13911 Turning Spring Lane
Houston, Texas 77044
Pro Se Defendant - Abel Mercado d/b/a Dial Plumbing
Email: edward@bsmlawyers.com
Email: stevan@bsmlawyers.com
Edward P. Sanchez
Steven Del Bosque Jr.
Barrera, Sanchez & Associates
Defendants’ Rule 58 Joinder in Plaintiffs’ Rule 196.7 Motion to Enter Premises & Take Possession of Material
Evidence: Celorio Tortilla Machine/2021-126 Page 3
Electronically Filed
9/30/2022 3:07 PM
Hidalgo County District Clerks
Reviewed By: Jose C. Hernandez
10113 N 10th Street, Suite A
McAllen, Texas 78504
Attorneys for Defendant Maquinas Tortilladores Celorio Del Valle, Inc.
Email: jbeller@brownsims.com
Email: nskyler@brownsims.com
Jamie M. Beller
Nelson Skyler
Brown Sims, P.C.
1177 West Loop South, Tenth Floor
Houston, Texas 77027
Attorneys for Defendant Celorio Technology L.L.C.
/s/ Bryan Nichols
Bryan Nichols
Defendants’ Rule 58 Joinder in Plaintiffs’ Rule 196.7 Motion to Enter Premises & Take Possession of Material
Evidence: Celorio Tortilla Machine/2021-126 Page 4
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.
David Saucedo on behalf of Bryan Nichols
Bar No. 24041592
djsaucedo@hodgejames.com
Envelope ID: 68793992
Status as of 9/30/2022 3:21 PM CST
Associated Case Party: LuisErnestoMora
Name BarNumber Email TimestampSubmitted Status
Lit Docket lit-docket@moore-firm.com 9/30/2022 3:07:52 PM SENT
J. MICHAELMOORE LIT-DOCKET@MOORE-FIRM.COM 9/30/2022 3:07:52 PM 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.
David Saucedo on behalf of Bryan Nichols
Bar No. 24041592
djsaucedo@hodgejames.com
Envelope ID: 68793992
Status as of 9/30/2022 3:21 PM CST
Associated Case Party: Lyesenia Barajas D/B/A Tortilleria Yesi
Name BarNumber Email TimestampSubmitted Status
IYESENIA GUADALUPEBARAJAS YBARAJAS1004@GMAIL.COM 9/30/2022 3:07:52 PM SENT
Marco De Luna marcodelunalaw@gmail.com 9/30/2022 3:07:52 PM 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.
David Saucedo on behalf of Bryan Nichols
Bar No. 24041592
djsaucedo@hodgejames.com
Envelope ID: 68793992
Status as of 9/30/2022 3:21 PM CST
Associated Case Party: Pico Propane Operating, LLC d/b/a Pico Propane and Fuels
Name BarNumber Email TimestampSubmitted Status
Anthony B. James 10537300 ajames@hodgejames.com 9/30/2022 3:07:52 PM SENT
Sandy Saucedo ssaucedo@hodgejames.com 9/30/2022 3:07:52 PM 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.
David Saucedo on behalf of Bryan Nichols
Bar No. 24041592
djsaucedo@hodgejames.com
Envelope ID: 68793992
Status as of 9/30/2022 3:21 PM CST
Associated Case Party: MAQUINAS TORTILLADORAS CELORIO DEL VALLE INC.
Name BarNumber Email TimestampSubmitted Status
Eduardo Sanchez edward@bsmlawyers.com 9/30/2022 3:07:52 PM 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.
David Saucedo on behalf of Bryan Nichols
Bar No. 24041592
djsaucedo@hodgejames.com
Envelope ID: 68793992
Status as of 9/30/2022 3:21 PM CST
Associated Case Party: CELORIO TECHNOLOGY L.L.C.
Name BarNumber Email TimestampSubmitted Status
Nelson D.Skyler nskyler@brownsims.com 9/30/2022 3:07:52 PM SENT
Jamie M.Beller jbeller@brownsims.com 9/30/2022 3:07:52 PM SENT
Judith Zarember jzarember@brownsims.com 9/30/2022 3:07:52 PM 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.
David Saucedo on behalf of Bryan Nichols
Bar No. 24041592
djsaucedo@hodgejames.com
Envelope ID: 68793992
Status as of 9/30/2022 3:21 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
MOORE LAW GROUP ASALINAS@MOORE-FIRM.COM 9/30/2022 3:07:52 PM SENT
ABEL MERCADO DIALPLUMBING0122@YAHOO.COM 9/30/2022 3:07:52 PM SENT
BRYAN NICHOLS bnichols@hodgejames.com 9/30/2022 3:07:52 PM SENT
STEVAN . STEVAN@BSMLAWYERS.COM 9/30/2022 3:07:52 PM SENT
JAMIE M.BELLER JBELLER@BROWNSIMS.COM 9/30/2022 3:07:52 PM SENT
ANTHONY B.JAMES AJAMES@HODGEJAMES.COM 9/30/2022 3:07:52 PM SENT
BRYAN D.NICHOLS BNICHOLS@HODGEJAMES.COM 9/30/2022 3:07:52 PM SENT
ALICE BSM LAWYERS ALICE@BSMLAWYERS.COM 9/30/2022 3:07:52 PM SENT
Preview
Electronically Filed 9/30/2022 3:07 PM Hidalgo County District Clerks Reviewed By: Jose C. Hernandez (2021-126) CAUSE NO. C-1123-21-C LUIS ERNESTO MORA AND § IN THE DISTRICT COURT IMELDA LOPEZ § § VS. § § IYESENIA GUADALUPE § 139TH JUDICIAL DISTRICT BARAJAS d/b/a TORTILLERIA § YESI, PICO PROPANE OPERATING, LLC § D/B/A PICO PROPANE AND FUELS, § ABEL MERCADO D/B/A DIAL § PLUMBING AND ADAN GUERRERO, ET § AL. § HIDALGO COUNTY, TEXAS DEFENDANTS PICO PROPANE OPERATING, LLC D/B/A PICO PROPANE AND FUELS, MERITUM ENERGY HOLDINGS, L.P. & MERITUM ENERGY GP, LLP’S RULE 58 JOINDER IN PLAINTIFFS’ RULE 196.7 MOTION TO ENTER PREMISES AND TAKE POSSESSION OF MATERIAL EVIDENCE: CELORIO TORTILLA MACHINE TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW Defendants/Cross-Claimants, PICO PROPANE OPERATING, LLC D/B/A PICO PROPANE AND FUELS (“PICO Propane” or “Defendant” or “Cross-Claimant”), MERITUM ENERGY HOLDINGS, L.P. (“Meritum Holdings” or “Defendant” or “Cross-Claimant”), and MERITUM ENERGY GP, LLP (“Meritum Energy” or “Defendant” or “Cross-Claimant”), and hereby make and file this Rule 58 Joinder in Plaintiffs’ Rule 196.7 Motion to Enter Premises And Take Possession Of Material Evidence: Celorio Tortilla Machine. For the sake of clarity and brevity, PICO Propane, Meritum Holdings, and Meritum Energy will be collectively referred to as “Defendant/Cross-Claimant PICO Propane.” Defendant/Cross-Claimant PICO Propane would respectfully show the Court the following: 1. Pursuant to Rule 58 of the Texas Civil Practice & Remedies Code, Defendant/Cross- Electronically Filed 9/30/2022 3:07 PM Hidalgo County District Clerks Reviewed By: Jose C. Hernandez Claimant PICO Propane hereby joins in Plaintiffs’ Rule 196.7 Motion to Enter Premises And Take Possession Of Material Evidence: Celorio Tortilla Machine with all accompanying exhibits as if such motion was set forth fully herein. Defendant/Cross-Claimant PICO Propane attaches Plaintiffs’ Rule 196.7 Motion to Enter Premises And Take Possession Of Material Evidence: Celorio Tortilla Machine as “Exhibit A.” Plaintiffs’ Motion has not been superceded by amendment or otherwise resolved. Defendant/Cross-Claimant PICO Propane joins in Plaintiffs’ Rule 196.7 Motion to Enter Premises And Take Possession Of Material Evidence: Celorio Tortilla Machine because it desires the same relief sought by Plaintiffs. PRAYER Defendant/Cross-Claimant PICO Propane prays that this Court grant this Rule 58 Joinder and Plaintiffs’ Rule 196.7 Motion to Enter Premises And Take Possession Of Material Evidence: Celorio Tortilla Machine in full. Finally, Defendant/Cross-Claimant PICO Propane hereby prays for such other and further relief, whether at law or in equity, whether general or special, whether pled or unpled, to which Defendant/Cross-Claimant PICO Propane may be justly entitled. Respectfully submitted, HODGE JAMES JILPAS & NICHOLS Attorneys at Law P.O. Box 534329 (78553) 1617 E. Tyler Ave., Suite A Harlingen, Texas 78550 Telephone: (956) 425-7400 Facsimile: (956) 425-7707 /s/ Bryan Nichols Anthony B. James State Bar No. 10537300 Email: ajames@hodgejames.com Bryan Nichols Defendants’ Rule 58 Joinder in Plaintiffs’ Rule 196.7 Motion to Enter Premises & Take Possession of Material Evidence: Celorio Tortilla Machine/2021-126 Page 2 Electronically Filed 9/30/2022 3:07 PM Hidalgo County District Clerks Reviewed By: Jose C. Hernandez State Bar No. 24041592 Email: bnichols@hodgejames.com Attorneys for Defendants, PICO PROPANE OPERATING, LLC D/B/A PICO PROPANE AND FUELS, MERITUM ENERGY HOLDINGS, LP & MERITUM ENERGY GP, LLP CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing document has been served on the 30th day of September, 2022, to all attorneys of record via electronic mail/filing, as follows: Email: lit-docket@moore-firm.com J. Michael Moore The Moore Law Firm 4900 North 10th Street, Suite F-3 McAllen, Texas 78504 Attorney for Plaintiffs Email: ybarajas1004@gmail.com Iysenia Guadalupe Barajas 6204 N. Bentsen Palm Drive Mission, Texas 78574 Pro Se Defendant - Iyesenia Barajas d/b/a Tortilleria Yesi Email: dialplumbing0122@yahoo.com Mr. Abel Mercado 13911 Turning Spring Lane Houston, Texas 77044 Pro Se Defendant - Abel Mercado d/b/a Dial Plumbing Email: edward@bsmlawyers.com Email: stevan@bsmlawyers.com Edward P. Sanchez Steven Del Bosque Jr. Barrera, Sanchez & Associates Defendants’ Rule 58 Joinder in Plaintiffs’ Rule 196.7 Motion to Enter Premises & Take Possession of Material Evidence: Celorio Tortilla Machine/2021-126 Page 3 Electronically Filed 9/30/2022 3:07 PM Hidalgo County District Clerks Reviewed By: Jose C. Hernandez 10113 N 10th Street, Suite A McAllen, Texas 78504 Attorneys for Defendant Maquinas Tortilladores Celorio Del Valle, Inc. Email: jbeller@brownsims.com Email: nskyler@brownsims.com Jamie M. Beller Nelson Skyler Brown Sims, P.C. 1177 West Loop South, Tenth Floor Houston, Texas 77027 Attorneys for Defendant Celorio Technology L.L.C. /s/ Bryan Nichols Bryan Nichols Defendants’ Rule 58 Joinder in Plaintiffs’ Rule 196.7 Motion to Enter Premises & Take Possession of Material Evidence: Celorio Tortilla Machine/2021-126 Page 4 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. David Saucedo on behalf of Bryan Nichols Bar No. 24041592 djsaucedo@hodgejames.com Envelope ID: 68793992 Status as of 9/30/2022 3:21 PM CST Associated Case Party: LuisErnestoMora Name BarNumber Email TimestampSubmitted Status Lit Docket lit-docket@moore-firm.com 9/30/2022 3:07:52 PM SENT J. MICHAELMOORE LIT-DOCKET@MOORE-FIRM.COM 9/30/2022 3:07:52 PM 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. David Saucedo on behalf of Bryan Nichols Bar No. 24041592 djsaucedo@hodgejames.com Envelope ID: 68793992 Status as of 9/30/2022 3:21 PM CST Associated Case Party: Lyesenia Barajas D/B/A Tortilleria Yesi Name BarNumber Email TimestampSubmitted Status IYESENIA GUADALUPEBARAJAS YBARAJAS1004@GMAIL.COM 9/30/2022 3:07:52 PM SENT Marco De Luna marcodelunalaw@gmail.com 9/30/2022 3:07:52 PM 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. David Saucedo on behalf of Bryan Nichols Bar No. 24041592 djsaucedo@hodgejames.com Envelope ID: 68793992 Status as of 9/30/2022 3:21 PM CST Associated Case Party: Pico Propane Operating, LLC d/b/a Pico Propane and Fuels Name BarNumber Email TimestampSubmitted Status Anthony B. James 10537300 ajames@hodgejames.com 9/30/2022 3:07:52 PM SENT Sandy Saucedo ssaucedo@hodgejames.com 9/30/2022 3:07:52 PM 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. David Saucedo on behalf of Bryan Nichols Bar No. 24041592 djsaucedo@hodgejames.com Envelope ID: 68793992 Status as of 9/30/2022 3:21 PM CST Associated Case Party: MAQUINAS TORTILLADORAS CELORIO DEL VALLE INC. Name BarNumber Email TimestampSubmitted Status Eduardo Sanchez edward@bsmlawyers.com 9/30/2022 3:07:52 PM 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. David Saucedo on behalf of Bryan Nichols Bar No. 24041592 djsaucedo@hodgejames.com Envelope ID: 68793992 Status as of 9/30/2022 3:21 PM CST Associated Case Party: CELORIO TECHNOLOGY L.L.C. Name BarNumber Email TimestampSubmitted Status Nelson D.Skyler nskyler@brownsims.com 9/30/2022 3:07:52 PM SENT Jamie M.Beller jbeller@brownsims.com 9/30/2022 3:07:52 PM SENT Judith Zarember jzarember@brownsims.com 9/30/2022 3:07:52 PM 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. David Saucedo on behalf of Bryan Nichols Bar No. 24041592 djsaucedo@hodgejames.com Envelope ID: 68793992 Status as of 9/30/2022 3:21 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status MOORE LAW GROUP ASALINAS@MOORE-FIRM.COM 9/30/2022 3:07:52 PM SENT ABEL MERCADO DIALPLUMBING0122@YAHOO.COM 9/30/2022 3:07:52 PM SENT BRYAN NICHOLS bnichols@hodgejames.com 9/30/2022 3:07:52 PM SENT STEVAN . STEVAN@BSMLAWYERS.COM 9/30/2022 3:07:52 PM SENT JAMIE M.BELLER JBELLER@BROWNSIMS.COM 9/30/2022 3:07:52 PM SENT ANTHONY B.JAMES AJAMES@HODGEJAMES.COM 9/30/2022 3:07:52 PM SENT BRYAN D.NICHOLS BNICHOLS@HODGEJAMES.COM 9/30/2022 3:07:52 PM SENT ALICE BSM LAWYERS ALICE@BSMLAWYERS.COM 9/30/2022 3:07:52 PM SENT