On January 03, 2023 a
Motion for Continuance, Filed
was filed
involving a dispute between
Gonzalez, Oscar,
and
Gonzalez, Avelina,
Guerra, Paola,
Rmh Franchise Corporation Dba Applebee'S Neighborhood Grill & Bar,
for Injury or Damage - Other (OCA)
in the District Court of Hidalgo County.
Preview
Electronically Filed
3/4/2024 9:40 AM
Hidalgo County District Clerks
Reviewed By: Rachel Bueno
CAUSE NO. C-0010-23-H
OSCAR GONZALEZ § IN THE DISTRICT COURT
§
V. § 389TH JUDICIAL DISTRICT
§
RMH FRANCHISE CORPORATION §
D/B/A APPLEBEE’S NEIGHBORHOOD §
GRILL AND BAR, PAOLA GUERRA AND §
AVELINA GONZALES § HIDALDO COUNTY, TEXAS
UNOPPOSED MOTION FOR CONTINUANCE
TO THE HONORABLE JUDGE OF THIS COURT:
Paola Guerra, Defendant in this presents her Unopposed Motion for Continuance pursuant
to Texas Rule of Civil Procedure 251. As grounds for continuance of the current trial setting, the
parties would respectfully show the Court as follows:
I.
Procedural Background
1. Plaintiff filed his Original Petition on October 26, 2022, as a “Dram Shop Liability”
claim asserting a right to recover damages for purported violations of the Texas Alcoholic
Beverage Code. Defendant RMH Franchise Corp. (“RMH”) filed its Original Answer on February
20, 2023. Defendant Paola Guerra filed her original answer on March 1, 2023. Defendant Avelina
Gonzales has not been served with citation and has not appeared before the Court.
Electronically Filed
3/4/2024 9:40 AM
Hidalgo County District Clerks
Reviewed By: Rachel Bueno
II.
Status of Discovery
2. On July 5, 2023, the Court entered a Docket Control Order setting trial of the case
for April 4, 2024. Discovery has been ongoing including the exchange of written discovery and
the preliminary production of documents. There remain, however, unresolved disputed discovery
matters which may result in the production of additional documentation. The deposition of Plaintiff
has occurred. However, additional depositions will be necessary to prepare the case for trial,
including those of designated expert witnesses.
III.
Basis for Requested Continuance
3. In the course of discovery, counsel for Plaintiff has recently propounded written
interrogatories and requests for production to counsel for Defendant Paola Guerra which were due
for response on March 8, 2024, and requested dates for her deposition. Ms. Guerra has recently
given birth by cesarean section and is presently unavailable to provide assistance to counsel in
preparing her discovery responses. Further, she is also unavailable to appear for deposition. In
light of the anticipated recovery time and logistical challenges of caring for her newborn child, it
is unlikely that Ms. Guerra will be medically cleared to appear at trial.
4. Counsel for Ms. Guerra has sought, and counsel for Plaintiff has consented to, an
extension of time to respond to the pending discovery requests. In consideration of Ms. Guerra’s
current medical condition and her anticipated unavailability during the next few weeks, Counsel
for Plaintiff and counsel for co-Defendant have consented to a continuance of the current trial
setting for a period of six months.
5. This is Defendant Paola Guerra’s first request for continuance.
2
Electronically Filed
3/4/2024 9:40 AM
Hidalgo County District Clerks
Reviewed By: Rachel Bueno
6. Defendant seeks this continuance not for delay only, but so that justice may be
done.
WHEREFORE PREMISES CONSIDERED, the Defendant Paola Guerra respectfully
requests that her motion be GRANTED and that this case be CONTINUED to be reset for trial at
a time agreeable to all parties in conformity with the available docket settings in this Court before
the end of 2024.
DUNN, COFFEY & KASPERITIS, P.C.
611 S. Upper Broadway
Corpus Christi, Texas 78401
361-883-1594; 888-707-7072 Fax
Pat@dcklawyers.com
BY: /s/ Patrick R. Kasperitis
Patrick R. Kasperitis
SBN 11105270
COUNSEL FOR DEFENDANT
PAOLA GUERRA
CERTIFICATE OF CONFERENCE
As required by Rule 251 of the Texas Rules of Civil Procedure, Counsel for Defendant
Paola Guerra avers that I have conferred with counsel for Plaintiff John Escamilla and Counsel for
Co-Defendant William Luck by via e-mail regarding the disposition of this motion. Counsel for
Plaintiff and Counsel for co-Defendant have consented to the filing of this motion as unopposed.
/s/Patrick R. Kasperitis
Patrick R. Kasperitis
3
Electronically Filed
3/4/2024 9:40 AM
Hidalgo County District Clerks
Reviewed By: Rachel Bueno
CERTIFICATE OF SERVICE
This is to certify that on the 4th day of March, 2024, this document was electronically filed
pursuant to TEX. R. CIV. P. 21(f)(1) and a true and correct copy was served on counsel of record
listed below through the electronic filing manager if the email address is on file with the electronic
filing manager, pursuant to TEX. R. CIV. P. 21a(a)(1). If the email address of any attorney listed
below is not on file with the electronic filing manager, a true and correct copy of this document
was served pursuant to TEX. R. CIV. P. 21a(a)(2).
John G. Escamilla
ESCAMILLA LAW FIRM, PLLC
1021 Martin Avenue
McAllen, Texas 78504
john@escamillalawfirm.com
Aaron Galvan
THE GALVAN LAW FIRM, PLLC
12440 Emily Ct., Suite 704
Sugar Land, Texas 77478
aaron@thegalvanlawfirm.com
Counsel for Plaintiff
William H. Luck, Jr.
ATTORNEY AT LAW
1412B Stonehollow Drive
Houston, Texas 77339
Bill.Luck@sbcglobal.net
Counsel for Defendant
RMH Franchise Corporation
d/b/a Applebee’s Neighborhood
Grill and Bar
/s/ Patrick R. Kasperitis
Patrick R. Kasperitis
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.
Mel Galvan on behalf of Patrick Kasperitis
Bar No. 11105270
mel@dcklawyers.com
Envelope ID: 85142696
Filing Code Description: Motion for Continuance
Filing Description:
Status as of 3/4/2024 9:54 AM CST
Associated Case Party: PAOLA GUERRA
Name BarNumber Email TimestampSubmitted Status
Mel Galvan mel@dcklawyers.com 3/4/2024 9:40:34 AM SENT
Patrick R. Kasperitis 11105270 Pat@dcklawyers.com 3/4/2024 9:40:34 AM SENT
Associated Case Party: Oscar Gonzalez
Name BarNumber Email TimestampSubmitted Status
John GEscamilla john@escamillalawfirm.com 3/4/2024 9:40:34 AM SENT
Aaron Galvan aaron@thegalvanlawfirm.com 3/4/2024 9:40:34 AM SENT
Claudia Rugerio crugerio@escamillalawfirm.com 3/4/2024 9:40:34 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
William HLuck, Jr. bill.luck@sbcglobal.net 3/4/2024 9:40:34 AM SENT
John Escamilla 793699 john@escamillalawfirm.com 3/4/2024 9:40:34 AM SENT
Claudia Rugerio crugerio@escamillalawfirm.com 3/4/2024 9:40:34 AM SENT
Associated Case Party: RMH Franchise Corporation DBA Applebee's Neighborhood
Grill & Bar
Name BarNumber Email TimestampSubmitted Status
William H. Luck 12666450 bill.luck@sbcglobal.net 3/4/2024 9:40:34 AM SENT
Document Filed Date
March 04, 2024
Case Filing Date
January 03, 2023
Category
Injury or Damage - Other (OCA)
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
Electronically Filed 3/4/2024 9:40 AM Hidalgo County District Clerks Reviewed By: Rachel Bueno CAUSE NO. C-0010-23-H OSCAR GONZALEZ § IN THE DISTRICT COURT § V. § 389TH JUDICIAL DISTRICT § RMH FRANCHISE CORPORATION § D/B/A APPLEBEE’S NEIGHBORHOOD § GRILL AND BAR, PAOLA GUERRA AND § AVELINA GONZALES § HIDALDO COUNTY, TEXAS UNOPPOSED MOTION FOR CONTINUANCE TO THE HONORABLE JUDGE OF THIS COURT: Paola Guerra, Defendant in this presents her Unopposed Motion for Continuance pursuant to Texas Rule of Civil Procedure 251. As grounds for continuance of the current trial setting, the parties would respectfully show the Court as follows: I. Procedural Background 1. Plaintiff filed his Original Petition on October 26, 2022, as a “Dram Shop Liability” claim asserting a right to recover damages for purported violations of the Texas Alcoholic Beverage Code. Defendant RMH Franchise Corp. (“RMH”) filed its Original Answer on February 20, 2023. Defendant Paola Guerra filed her original answer on March 1, 2023. Defendant Avelina Gonzales has not been served with citation and has not appeared before the Court. Electronically Filed 3/4/2024 9:40 AM Hidalgo County District Clerks Reviewed By: Rachel Bueno II. Status of Discovery 2. On July 5, 2023, the Court entered a Docket Control Order setting trial of the case for April 4, 2024. Discovery has been ongoing including the exchange of written discovery and the preliminary production of documents. There remain, however, unresolved disputed discovery matters which may result in the production of additional documentation. The deposition of Plaintiff has occurred. However, additional depositions will be necessary to prepare the case for trial, including those of designated expert witnesses. III. Basis for Requested Continuance 3. In the course of discovery, counsel for Plaintiff has recently propounded written interrogatories and requests for production to counsel for Defendant Paola Guerra which were due for response on March 8, 2024, and requested dates for her deposition. Ms. Guerra has recently given birth by cesarean section and is presently unavailable to provide assistance to counsel in preparing her discovery responses. Further, she is also unavailable to appear for deposition. In light of the anticipated recovery time and logistical challenges of caring for her newborn child, it is unlikely that Ms. Guerra will be medically cleared to appear at trial. 4. Counsel for Ms. Guerra has sought, and counsel for Plaintiff has consented to, an extension of time to respond to the pending discovery requests. In consideration of Ms. Guerra’s current medical condition and her anticipated unavailability during the next few weeks, Counsel for Plaintiff and counsel for co-Defendant have consented to a continuance of the current trial setting for a period of six months. 5. This is Defendant Paola Guerra’s first request for continuance. 2 Electronically Filed 3/4/2024 9:40 AM Hidalgo County District Clerks Reviewed By: Rachel Bueno 6. Defendant seeks this continuance not for delay only, but so that justice may be done. WHEREFORE PREMISES CONSIDERED, the Defendant Paola Guerra respectfully requests that her motion be GRANTED and that this case be CONTINUED to be reset for trial at a time agreeable to all parties in conformity with the available docket settings in this Court before the end of 2024. DUNN, COFFEY & KASPERITIS, P.C. 611 S. Upper Broadway Corpus Christi, Texas 78401 361-883-1594; 888-707-7072 Fax Pat@dcklawyers.com BY: /s/ Patrick R. Kasperitis Patrick R. Kasperitis SBN 11105270 COUNSEL FOR DEFENDANT PAOLA GUERRA CERTIFICATE OF CONFERENCE As required by Rule 251 of the Texas Rules of Civil Procedure, Counsel for Defendant Paola Guerra avers that I have conferred with counsel for Plaintiff John Escamilla and Counsel for Co-Defendant William Luck by via e-mail regarding the disposition of this motion. Counsel for Plaintiff and Counsel for co-Defendant have consented to the filing of this motion as unopposed. /s/Patrick R. Kasperitis Patrick R. Kasperitis 3 Electronically Filed 3/4/2024 9:40 AM Hidalgo County District Clerks Reviewed By: Rachel Bueno CERTIFICATE OF SERVICE This is to certify that on the 4th day of March, 2024, this document was electronically filed pursuant to TEX. R. CIV. P. 21(f)(1) and a true and correct copy was served on counsel of record listed below through the electronic filing manager if the email address is on file with the electronic filing manager, pursuant to TEX. R. CIV. P. 21a(a)(1). If the email address of any attorney listed below is not on file with the electronic filing manager, a true and correct copy of this document was served pursuant to TEX. R. CIV. P. 21a(a)(2). John G. Escamilla ESCAMILLA LAW FIRM, PLLC 1021 Martin Avenue McAllen, Texas 78504 john@escamillalawfirm.com Aaron Galvan THE GALVAN LAW FIRM, PLLC 12440 Emily Ct., Suite 704 Sugar Land, Texas 77478 aaron@thegalvanlawfirm.com Counsel for Plaintiff William H. Luck, Jr. ATTORNEY AT LAW 1412B Stonehollow Drive Houston, Texas 77339 Bill.Luck@sbcglobal.net Counsel for Defendant RMH Franchise Corporation d/b/a Applebee’s Neighborhood Grill and Bar /s/ Patrick R. Kasperitis Patrick R. Kasperitis 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. Mel Galvan on behalf of Patrick Kasperitis Bar No. 11105270 mel@dcklawyers.com Envelope ID: 85142696 Filing Code Description: Motion for Continuance Filing Description: Status as of 3/4/2024 9:54 AM CST Associated Case Party: PAOLA GUERRA Name BarNumber Email TimestampSubmitted Status Mel Galvan mel@dcklawyers.com 3/4/2024 9:40:34 AM SENT Patrick R. Kasperitis 11105270 Pat@dcklawyers.com 3/4/2024 9:40:34 AM SENT Associated Case Party: Oscar Gonzalez Name BarNumber Email TimestampSubmitted Status John GEscamilla john@escamillalawfirm.com 3/4/2024 9:40:34 AM SENT Aaron Galvan aaron@thegalvanlawfirm.com 3/4/2024 9:40:34 AM SENT Claudia Rugerio crugerio@escamillalawfirm.com 3/4/2024 9:40:34 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status William HLuck, Jr. bill.luck@sbcglobal.net 3/4/2024 9:40:34 AM SENT John Escamilla 793699 john@escamillalawfirm.com 3/4/2024 9:40:34 AM SENT Claudia Rugerio crugerio@escamillalawfirm.com 3/4/2024 9:40:34 AM SENT Associated Case Party: RMH Franchise Corporation DBA Applebee's Neighborhood Grill & Bar Name BarNumber Email TimestampSubmitted Status William H. Luck 12666450 bill.luck@sbcglobal.net 3/4/2024 9:40:34 AM SENT