Plaintiff's Motion to Extend Time to File his Response Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

JONATHAN VILLAREAL,

individually and derivatively on behalf 

of ZROBLACK, LLC, 

Plaintiff,

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CIVIL ACTION NO.:

5:20-CV-00571-OLG

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JOHN SAENZ; 

MIGUEL VILLAREAL, JR.; and 

GUNN, LEE & CAVE, P.C.,,

Defendants

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JURY TRIAL DEMANDED

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PLAINTIFF’S UNOPPOSED MOTION FOR AN EXTENSION OF TIME 

TO FILE HIS RESPONSE TO DEFENDANT JOHN SAENZ’S MOTION TO DISMISS

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TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, Plaintiff Jonathan Villareal, individually and derivatively on behalf 

of ZroBlack, LLC, (“Plaintiff”), by and through his undersigned counsel, and files this 

Plaintiff’s Unopposed Motion for an Extension of Time to File his Response to Defendant 

John Saenz’s Motion to Dismiss seeking an extension of seven (7) days, until July 14, 2020. 

This motion is unopposed. Plaintiff would respectfully show the Court as follows: 

1. On June 23, 2020 Defendant John Saenz filed his Motion to Dismiss. 

Pursuant to Rule CV-7(e)(2) of the Local Rules for the U.S. District Courts of the Western 

District of Texas, a response to a dispositive motion shall be filed not later than 14 days 

after the filing of the motion. Thus, Plaintiff’s response is due to be filed on July, 7, 2020. 

Plaintiff seeks to extend that deadline 7 days to July 14, 2020.

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2. The undersigned has good cause for the requested extension of time. During 

the 14 days following Defendant filing his Motion to Dismiss, Texas generally and 

municipalities within the Western District specifically, including San Antonio, have seen 

record numbers of COVID-19 infections. In response, State and local government officials 

have reintroduced stricter orders and advisories to curtail the spread of COVID-19. This 

has severely limited our ability to coordinate with our trial team and support staff and 

working remotely has delayed our efforts. Also, the weekend preceding the current 

deadline was the Fourth of July Holiday. 

3. This is the first request for extension of time for Plaintiff to file his Response 

to Defendant John Saenz’s Motion to Dismiss.

4. For the foregoing reasons, Plaintiff respectfully requests that this Court grant 

Plaintiff’s Unopposed Motion for an Extension of Time to File his Response to Defendant 

John Saenz’s Motion to Dismiss, granting a 7-day extension until July 14, 2020, to file his 

Response. 

5. Counsel for Plaintiff has conferred with Defendant’s counsel, regarding the 

subject matter of this motion. Defendant’s counsel has advised that Defendant is 

UNOPPOSED to the motion.

6. This Motion is not made for delay, but so that justice may be done.

PRAYER FOR RELIEF

7. For the reasons set forth above, Plaintiff requests that this Court grant 

Plaintiff’s Unopposed Motion for an Extension of Time to File his Response to Defendant 

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John Saenz’s Motion to Dismiss and extend the deadline for filing his Response, up to July 

14, 2020.

Respectfully submitted,

THE VETHAN LAW FIRM, P.C.

By: /s/ Charles M.R. Vethan

Charles M.R. Vethan 

Attorney-in-Charge

Texas Bar No. 00791852

Steven A. Costello

Texas Bar No. 24062677

Two Memorial City Plaza

820 Gessner Road, Suite 1510

Houston, Texas 77024

Telephone: (713) 526-2222

Facsimile: (713) 526-2230

Email: edocs@vwtexlaw.com

Joseph L. Lanza

Texas Bar No. 00784447

VETHAN LAW FIRM – SAN ANTONIO

11459 Huebner, Suite 101

San Antonio, Texas 78230

Tel: (210) 824-2220

Fax: (713) 526-2230

Email: edocs@vwtexlaw.com

Attorneys for Plaintiff

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing was electronically filed with the Court 

on the 7th day of July 2020, and electronically served on the date reflected in the ECF 

system upon all parties registered to receive notice pursuant to the Court’s CM/ECF 

system.

/s/ Charles M.R. Vethan

Charles M.R. Vethan

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