Plaintiffs’ First Amended Verified Complaint Page 1 of 4

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

JONATHAN VILLAREAL, individually 

and derivatively on behalf of 

ZROBLACK, LLC. 

Plaintiffs, 

v. 

JOHN SAENZ, MIGUEL 

VILLARREAL, JR., and GUNN, LEE, 

& CAVE, P.C.

Defendants

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CIVIL ACTION NO. 5:20-cv-00571-OLG

PLAINTIFFS’ UNOPPOSED MOTION TO EXTEND TIME TO FILE RESPONSES TO 

DEFENDANTS RULE 12 MOTIONS TO DISMISS AND DEFENDANT JOHN SAENZ’S 

RESPONSE TO PLAINTIFF’S APPLICATION FOR SEIZURE

______________________________________________________________________________

Plaintiff, JONATHAN VILLAREAL, individually and derivatively on behalf of 

ZROBLACK, LLC, (collectively the “Plaintiffs”), files this Unopposed Motion to Extend time to 

File Responses to Defendants Rule 12 Motions to Dismiss (Docs. 40 and 41) and Defendant John 

Saenz’s Response to Plaintiff’s Application for Seizure (Doc. 42) and would respectfully show as 

follows:

I.

1. The deadline to file Responses to Defendants’ Rule 12 Motions to Dismiss is 

Thursday, February 18, 2021. L.R. CV-7(e) (2). The deadline to file a Reply to Defendant John 

Saenz’s Response to Plaintiff’s Application for Seizure was February 11, 2021.

2. As this Honorable Court is no doubt aware, an historic winter storm is affecting the 

San Antonio area. Due to the severe cold weather affecting the San Antonio area, the undersigned

has been mostly without power and Internet since Monday, February 15, 2021, and has been unable 

to travel to his office until Wednesday, February 17, 2021, where he was able to work for a short 

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Plaintiffs’ First Amended Verified Complaint Page 2 of 4

period of time. Additionally, the same winter storm is affecting the Houston area, where the Vethan 

Law Firm’s home office is located, and where the attorney’s assisting the undersigned work. All 

of those attorneys have been without power and Internet since approximately Monday. Thus,

counsel is unable to complete the responses.

3. Additionally, as the Response to the Application for Seizure or Alternatively 

Injunctive Relief was filed on the same day as the Motions to Dismiss, counsel mistakenly believed 

a response or reply would also be due on February 18, 2021.

4. For the foregoing reasons, Plaintiffs request an extension of time for filing 

responses to Defendants Rule 12 Motions to Dismiss (Docs 40 and 41) and a reply to Defendant 

John Saenz’s Response to Plaintiff’s Application for Seizure or Alternatively Injunctive Relief 

(Doc. 42). As shown above, good cause exists for granting the extension. This motion is not made 

for purposes of delay.

Respectfully submitted,

THE VETHAN LAW FIRM, PC

By: /s/ Joseph L. Lanza

Charles M. R. Vethan 

Attorney-in-Charge

Texas Bar No. 00791852

Steven A. Costello

Texas Bar No. 24062677

VETHAN LAW FIRM - HOUSTON

Two Memorial City Plaza

820 Gessner, Suite 1510

Houston, Texas 77024

Tel: (713) 526-2222

Fax: (713) 526-2230

Email: edocs@vwtexlaw.com

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Plaintiffs’ First Amended Verified Complaint Page 3 of 4

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 Plaintiffs

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Plaintiffs’ First Amended Verified Complaint Page 4 of 4

CERTIFICATE OF SERVICE

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

on the 18th day of February 2021, 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.

David A. Vanderhinder

State bar No. 24070787

DVanderhinder@dykema.com

Ryan J. Sullivan

State Bar No. 24102548

RSullivan@dykema.com

DYKEMA GOSSETT PLLC

112 East Pecan St., Suite 1800

San Antonio, Texas 78205

Attorney for Defendant John Saenz

George R. Spencer, Jr.

State Bar. No. 18921001

gspencer@langleybanack.com

Natalie F. Wilson

State Bar. No. 24067769

nwilson@langleybanack.com

Attorneys for Defendants Gunn, Lee & Cave, P.C.

And Miguel Villarreal, Jr.

/s/ Joseph L. Lanza

 Joseph L. Lanza

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