IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

JONATHAN VILLARREAL,

Individually and derivatively on behalf

Of ZROBLACK, LLC

 Plaintiffs,

v.

JOHN SAENZ, et al., 

 Defendants.

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 No. 5:20-cv-00571-OLG

 

MOTION FOR ENTRY OF STIPULATION AND AGREED ORDER FOR DEADLINES 

RELATED TO DEFENDANTS’ REPLIES TO

(I) PLAINTIFFS’ RESPONSE TO DEFENDANTS GUNN, LEE & CAVE, P.C.’S AND 

MIGUEL VILLARREAL’S SECOND RULE 12(B)(6) MOTION TO DISMISS [DKT. 45] 

AND

(II) PLAINTIFF’S RESPONSE TO DEFENDANT JOHN SAENZ’S RULE 12(B)(6) 

MOTION TO DISMISS [DKT 46]

TO THE HONORABLE RICHARD FARRER, 

UNITED STATES MAGISTRATE JUDGE:

COME NOW Defendants JOHN SAENZ, MIGUEL VILLARREAL, JR., and GUNN, 

LEE, & CAVE, P.C. and move this Court for entry of an order setting forth deadlines under Federal 

Rule of Civil Procedure 7 and Local Rule CV-7 pursuant to the stipulation of the Parties (as defined 

herein). Plaintiffs JONATHAN VILLARREAL, individually and derivatively on behalf of 

ZROBLACK, LLC and Defendants JOHN SAENZ, MIGUEL VILLARREAL, JR., and GUNN, 

LEE, & CAVE, P.C. (collectively, the “Parties”) have reached an agreement related to various 

deadlines and request the Court enter an order establishing those deadlines.

1. In response to Plaintiffs’ Amended Complaint, the Defendants filed motions to 

dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). 

2. Plaintiffs filed their Response to Defendants Gunn, Lee & Cave, P.C.’s and Miguel 

Villarreal’s Second Rule 12(b)(6) Motion to Dismiss [Dkt 45] and Plaintiffs’ Response to John 

Case 5:20-cv-00571-OLG Document 48 Filed 03/02/21 Page 1 of 3
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Saenz’s Rule 12(b)(6) Motion to Dismiss [Dkt 46] (together, the “Responses”) on February 25, 

2021. By agreement of the parties, and due to the inclement weather and associated utility 

malfunctions experienced during the week of February 15, 2021, the deadline for the Responses 

had been extended. 

3. Under Local Rule CV-7, the deadline for the Defendants to file Replies to the 

Responses would be March 4, 2021. However, counsel for the Defendants requested an additional 

week, because the exigent circumstances listed above have created a backlog of work. Plaintiffs’ 

counsel is not opposed to the extension. 

4. The Parties specifically stipulate as follows: Pursuant to Federal Rule of Civil 

Procedure 7 and Local Rule CV-7, the Defendants’ deadline to Reply to the Responses shall be 

March 11, 2021.

5. The extension is not sought for improper purposes and will not materially delay the 

adjudication of this case.

WHEREFORE, PREMISES CONSIDERED, the Parties pray that the Court enter an order 

substantially in the form attached hereto as Exhibit A establishing the deadline for the Defendants 

to file their Replies to the Responses, and for such other relief to which they may be entitled at law 

or equity. 

Dated March 2, 2021. 

Respectfully submitted, 

/s/ Natalie F. Wilson

LANGLEY & BANACK, INCORPORATED

745 E. Mulberry, Suite 700

San Antonio, Texas 78212

(210) 736-6600 Telephone

(210) 735-6889 Telecopier

Email: nwilson@langleybanack.com

 gspencer@langleybanack.com

Case 5:20-cv-00571-OLG Document 48 Filed 03/02/21 Page 2 of 3
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GEORGE H. SPENCER, JR.

State Bar No. 18921001

NATALIE F. WILSON

State Bar No. 24067769

COUNSEL TO MIGUEL VILLARREAL, JR., and

GUNN, LEE & CAVE, PC

CERTIFICATE OF SERVICE

I hereby certify that on March 2, 2021, a true and correct copy of the above and foregoing 

instrument was served via the Court’s electronic transmission facilities on:

Steven A. Costello

Joseph L. Lanza

Charles M.R. Vethan

VETHAN LAW FIRM

11459 Huebner Road, Suite 101

San Antonio, TX 78230

Counsel to Plaintiffs

David A. Vanderhider

Ryan J. Sullivan

DYKEMA GOSSETT PLLC

112 E. Pecan Street - Suite 1800

San Antonio, TX 78205

Counsel to Defendant John Saenz

/s/ Natalie F. Wilson

NATALIE F. WILSON

Case 5:20-cv-00571-OLG Document 48 Filed 03/02/21 Page 3 of 3