On April 28, 2021 a
MOTION TO ALLOW OUT OF TIME ADMISSIONS - Motion MOTION TO ALLOW OUT OF TIME ADMISSIONS
was filed
involving a dispute between
Jaramillo Spices, Inc.,
and
G. P. De Silva Spices, Inc.,
for Contract - Other Contract (OCA)
in the District Court of Hidalgo County.
Preview
Electronically Submitted
7/11/2023 4:57 PM
Hidalgo County Clerk
Accepted by: Carlos Guerra
CAUSE NO. CL-21-1683-A
JARAMILLO SPICES, INC. § IN THE COUNTY COURT
Plaintiff, §
§
V. § AT LAW NO. ONE (1)
§
G.P. DE SILVA SPICES, INC. §
Defendants. § HIDALGO COUNTY, TEXAS
MOTION TO ALLOW OUT-OF-TIME ADMISSIONS
TO THE HONORABLE JUDGE:
COMES NOW JARAMILLO SPICES, INC., PLAINTIFF, by and through
undersigned counsel, pursuant to Texas Civil Rule 198.3, which grants the court discretion to allow
out-of-time admissions, and respectfully moves this Honorable Court to grant permission for the
filing of out-of-time admissions in the above-mentioned case. The grounds for this motion,
supported by the attached answered admissions as Exhibit A, are as follows:
I.
1. Counsel's firm recently underwent significant administrative changes, resulting in a
temporary disruption of the normal filing procedures. During this transitional period, the
filing deadline for admissions inadvertently passed unnoticed.
2. Counsel urges that it is crucial to consider the merit-preclusive nature of admissions. The
admissions at issue in this case contain factual and legal assertions that, if deemed admitted,
could significantly impact the merits of the case. Allowing these admissions to stand
without review would unfairly restrict the parties' ability to present their positions and
would not serve the interests of justice. The admission of these admissions would have the
instant effect of this court’s consideration of Defendant’s Motion for Summary Judgment,
pending before this court.
Electronically Submitted
7/11/2023 4:57 PM
Hidalgo County Clerk
Accepted by: Carlos Guerra
3. Counsel acknowledges that prejudice or inconvenience was caused by this delay, but
Counsel also would argue that discovery is still on-going on this matter. Discovery is still
pending in the form of depositions and plaintiff’s requests for discovery.
II.
4. Under Texas Civil Rule 198.3, the court has the discretionary authority to permit the filing
of admissions beyond the prescribed deadline upon a showing of good cause. The rule
recognizes that unforeseen circumstances or inadvertent errors may occur, and it allows the
court to exercise its equitable powers to prevent undue prejudice to either party.
5. Attached as Exhibit A are the fully answered admissions, which were prepared in a timely
manner but were inadvertently not filed within the prescribed timeframe. The answers to
the admissions are complete and responsive, and their filing would not cause any prejudice
or inconvenience to the opposing party.
III.
6. Counsel Arredondo acknowledges the responsibility to comply with the Court's rules and
regrets any inconvenience caused by this delay. Measures have been implemented within
the counsel's firm to ensure that similar administrative disruptions do not occur in the
future.
WHEREFORE, Counsel respectfully requests that this Honorable Court grant this motion and
allow the out-of-time filing of the admissions, as attached in Exhibit A. Such relief will serve the
interests of justice and prevent any undue prejudice to either party. Counsel is prepared to promptly
file the necessary admissions upon receiving the Court's approval.
Respectfully submitted,
/s/ Edelmiro Arredondo______
Edelmiro Arredondo, III
Electronically Submitted
7/11/2023 4:57 PM
Hidalgo County Clerk
Accepted by: Carlos Guerra
Bar No: 24120411
LAW OFFICE OF EDELMIRO
ARREDONDO, LLC
5526 N. 10TH STREET
McAllen, Texas 78504
Tel: (956)682-9477
Email: edelmiroarredondo@gmail.com
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Motion to Allow Out-of-Time
Admissions, along with its accompanying Exhibit A, has been served on Counsel, TERI A.
WALTER, via email, twalter@prevaillawyers.com, on July 11, 2023.
/S/EDELMIRO ARREDONDO
EDELMIRO ARREDONDO
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.
Edelmiro Arredondo on behalf of Edelmiro Arredondo, III
Bar No. 24120411
edelmiroarredondo@gmail.com
Envelope ID: 77420523
Filing Code Description: Motion (No Fee)
Filing Description: MOTION PLANTIFFS OPOSITION FOR SUMMARY
JUDGEMENT
Status as of 7/12/2023 8:07 AM CST
Associated Case Party: G. P. DE SILVA SPICES, INC.
Name BarNumber Email TimestampSubmitted Status
Teri A.Walter twalter@prevaillawyers.com 7/11/2023 4:57:49 PM SENT
Laurie Garza lgarza@prevaillawyers.com 7/11/2023 4:57:49 PM SENT
Laurie Garza lgarza@prevaillawyers.com 7/11/2023 4:57:49 PM SENT
Mark Schuck mschuck@prevaillawyers.com 7/11/2023 4:57:49 PM ERROR
Associated Case Party: JARAMILLO SPICES, INC.
Name BarNumber Email TimestampSubmitted Status
Edelmiro Arredondo 24120411 edelmiroarredondo@gmail.com 7/11/2023 4:57:49 PM SENT
Victor Jaramillo Sosa 24119624 victorjs.law@gmail.com 7/11/2023 4:57:49 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Edelmiro Arredondo edelmiroarredondo@gmail.com 7/11/2023 4:57:49 PM SENT
Document Filed Date
July 11, 2023
Case Filing Date
April 28, 2021
Category
Contract - Other Contract (OCA)
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Electronically Submitted 7/11/2023 4:57 PM Hidalgo County Clerk Accepted by: Carlos Guerra CAUSE NO. CL-21-1683-A JARAMILLO SPICES, INC. § IN THE COUNTY COURT Plaintiff, § § V. § AT LAW NO. ONE (1) § G.P. DE SILVA SPICES, INC. § Defendants. § HIDALGO COUNTY, TEXAS MOTION TO ALLOW OUT-OF-TIME ADMISSIONS TO THE HONORABLE JUDGE: COMES NOW JARAMILLO SPICES, INC., PLAINTIFF, by and through undersigned counsel, pursuant to Texas Civil Rule 198.3, which grants the court discretion to allow out-of-time admissions, and respectfully moves this Honorable Court to grant permission for the filing of out-of-time admissions in the above-mentioned case. The grounds for this motion, supported by the attached answered admissions as Exhibit A, are as follows: I. 1. Counsel's firm recently underwent significant administrative changes, resulting in a temporary disruption of the normal filing procedures. During this transitional period, the filing deadline for admissions inadvertently passed unnoticed. 2. Counsel urges that it is crucial to consider the merit-preclusive nature of admissions. The admissions at issue in this case contain factual and legal assertions that, if deemed admitted, could significantly impact the merits of the case. Allowing these admissions to stand without review would unfairly restrict the parties' ability to present their positions and would not serve the interests of justice. The admission of these admissions would have the instant effect of this court’s consideration of Defendant’s Motion for Summary Judgment, pending before this court. Electronically Submitted 7/11/2023 4:57 PM Hidalgo County Clerk Accepted by: Carlos Guerra 3. Counsel acknowledges that prejudice or inconvenience was caused by this delay, but Counsel also would argue that discovery is still on-going on this matter. Discovery is still pending in the form of depositions and plaintiff’s requests for discovery. II. 4. Under Texas Civil Rule 198.3, the court has the discretionary authority to permit the filing of admissions beyond the prescribed deadline upon a showing of good cause. The rule recognizes that unforeseen circumstances or inadvertent errors may occur, and it allows the court to exercise its equitable powers to prevent undue prejudice to either party. 5. Attached as Exhibit A are the fully answered admissions, which were prepared in a timely manner but were inadvertently not filed within the prescribed timeframe. The answers to the admissions are complete and responsive, and their filing would not cause any prejudice or inconvenience to the opposing party. III. 6. Counsel Arredondo acknowledges the responsibility to comply with the Court's rules and regrets any inconvenience caused by this delay. Measures have been implemented within the counsel's firm to ensure that similar administrative disruptions do not occur in the future. WHEREFORE, Counsel respectfully requests that this Honorable Court grant this motion and allow the out-of-time filing of the admissions, as attached in Exhibit A. Such relief will serve the interests of justice and prevent any undue prejudice to either party. Counsel is prepared to promptly file the necessary admissions upon receiving the Court's approval. Respectfully submitted, /s/ Edelmiro Arredondo______ Edelmiro Arredondo, III Electronically Submitted 7/11/2023 4:57 PM Hidalgo County Clerk Accepted by: Carlos Guerra Bar No: 24120411 LAW OFFICE OF EDELMIRO ARREDONDO, LLC 5526 N. 10TH STREET McAllen, Texas 78504 Tel: (956)682-9477 Email: edelmiroarredondo@gmail.com CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion to Allow Out-of-Time Admissions, along with its accompanying Exhibit A, has been served on Counsel, TERI A. WALTER, via email, twalter@prevaillawyers.com, on July 11, 2023. /S/EDELMIRO ARREDONDO EDELMIRO ARREDONDO 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. Edelmiro Arredondo on behalf of Edelmiro Arredondo, III Bar No. 24120411 edelmiroarredondo@gmail.com Envelope ID: 77420523 Filing Code Description: Motion (No Fee) Filing Description: MOTION PLANTIFFS OPOSITION FOR SUMMARY JUDGEMENT Status as of 7/12/2023 8:07 AM CST Associated Case Party: G. P. DE SILVA SPICES, INC. Name BarNumber Email TimestampSubmitted Status Teri A.Walter twalter@prevaillawyers.com 7/11/2023 4:57:49 PM SENT Laurie Garza lgarza@prevaillawyers.com 7/11/2023 4:57:49 PM SENT Laurie Garza lgarza@prevaillawyers.com 7/11/2023 4:57:49 PM SENT Mark Schuck mschuck@prevaillawyers.com 7/11/2023 4:57:49 PM ERROR Associated Case Party: JARAMILLO SPICES, INC. Name BarNumber Email TimestampSubmitted Status Edelmiro Arredondo 24120411 edelmiroarredondo@gmail.com 7/11/2023 4:57:49 PM SENT Victor Jaramillo Sosa 24119624 victorjs.law@gmail.com 7/11/2023 4:57:49 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Edelmiro Arredondo edelmiroarredondo@gmail.com 7/11/2023 4:57:49 PM SENT