Page 1 of 6

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

§

§

§

§

§

§

§

§

§

§

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

PLAINTIFFS’ ANSWER TO DEFENDANT JOHN SAENZ RESPONSE TO 

PLAINTIFFS’ MOTION FOR LEAVE TO FILE PLAINTIFFS’ FIRST AMENDED 

VERIFIED COMPLAINT AND FIRST AMENDED APPLICATION FOR SEIZURE, 

TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND 

PERMANENT INJUNCTIVE RELIEF UNDER SEAL

______________________________________________________________________________

Plaintiff JONATHAN VILLAREAL, individually and derivatively on behalf of 

ZROBLACK, LLC, (collectively the “Plaintiffs”), by and through its undersigned counsel, files 

this Plaintiffs’ Answer to Defendant John Saenz Response to Plaintiffs’ Motion to Leave to File 

Plaintiffs’ First Amended Verified Complaint and First Amended Application for Seizure, 

Temporary Restraining Order, Preliminary Injunction, and Permanent Injunctive Relief Under 

Seal and would respectfully show the Court as follows: 

I. Introduction

1. Plaintiffs filed Exhibits under seal in accordance with the Court’s order of 

November 30 in good faith. Plaintiffs provided the Defendants the copies of the Exhibits and the 

Defendants were not prejudiced or harmed by the lack of access. The Plaintiffs brought claims 

alleging violations of the Defend Trade Secrets Act of 2016, Texas Uniform Trade Secrets Act, 

Computer Fraud and Abuse Act, Anticybersquatting Consumer Protection Act, Breach of 

Case 5:20-cv-00571-OLG Document 31 Filed 12/16/20 Page 1 of 6
Page 2 of 6

Contract, Breach of Fiduciary Duty, Negligence, Tortious Interference with Prospective Relations, 

Conversion, and violations of the Texas Theft Liability Act, and the public access to the matters

mentioned to include national security and confidential information, is not unduly burdened. 

2. Defendant’s understanding of the Court orders was different, namely, that the 

October 15th order was controlling, and that the Plaintiffs were to file the redacted exhibits with 

the Court. Now Defendants are coming to the Court seeking an order directing Plaintiffs to file

Plaintiffs’ First Amended Verified Complaint and First Amended Application for Seizure, 

Temporary Restraining Order, Preliminary Injunction, and Permanent Injunctive Relief in public 

record with redactions that are necessary to legitimately protect national security or information 

that can cause competitive harm. Plaintiffs are answering with this Answer and Motion to Leave 

to File Redacted Versions of the Complaint and Exhibits. 

II. Chronology and Background

3. Plaintiff Jonathan Villareal is the current owner and control person of Zroblack, 

LLC a company that specializes in mobile device software. Defendant John Saenz is the former 

CEO of Plaintiff Zroblack, LLC.

4. Defendant Miguel Villareal, Jr. is an attorney with Defendant Gunn, Lee, & Cave, 

P.C. 

5. Defendant Gunn, Lee, & Cave, P.C. wascorporate counsel for Plaintiff Zroblack, 

LLC.

6. On or about May 8, 2020, Plaintiffs filed its Original Complaint (Doc #1) alleging 

violations of the Defend Trade Secrets Act of 2016, Texas Uniform Trade Secrets Act, Computer 

Fraud and Abuse Act, Anticybersquatting Consumer Protection Act, Breach of Contract, Breach 

Case 5:20-cv-00571-OLG Document 31 Filed 12/16/20 Page 2 of 6
Page 3 of 6

of Fiduciary Duty, Negligence, Tortious Interference with Prospective Relations, Conversion, 

violations of the Texas Theft Liability Act.

7. On or about May 8, 2020 Plaintiffs filed its Application for Seizure, Temporary 

Restraining Order, Preliminary Injunction, and Permanent Injunctive Relief requesting that 

Defendant Saenz return a laptop belonging to Zroblack, LLC that contains its trade secrets and 

release the domain for Zroblack’s website and email servers. 

8. On or about October 15, 2020 this Court issued an order allowing Plaintiffs to file 

an amended complaint and request for injunctive relief within thirty (30) days of the Order. The 

Order also stated that the parties must separately file a redacted version of the documents for the 

public record.

9. On or about November 17, 2020 Plaintiff filed its Motion for Leave to File Sealed 

document and included therein Plaintiffs’ First Amended Verified Complaint and First Amended 

Application for Seizure, Temporary Restraining Order, Preliminary Injunction, and Permanent 

Injunctive Relief.

10. On or about November 30, 2020 this Court ordered Plaintiffs either: (1) re-file on 

the public docket the exact same previously filed amended complaint and request for injunctive 

relief, or (2) re-file these same matters with appropriate motions for leave to seal. 

11. Plaintiffs followed the order of November 30 in good faith and filed under seal with 

a motion for leave.

12. Plaintiffs believe that the November 30 Order is specific and controls over the 

October 15 Order. Defense counsel believes that the Order of October 15 is a general order 

requiring sealed documents to have redacted versions filed as long as the case continues. 

Case 5:20-cv-00571-OLG Document 31 Filed 12/16/20 Page 3 of 6
Page 4 of 6

13. If Defendants’ understanding of the Order of October 15 is correct and Plaintiffs 

were also required filing redacted documents into the public record, Plaintiffs’ misreading is 

understandable and, therefore, good cause for a late filing of redacted documents into the public 

record exists. Plaintiffs have filed contemporaneously with this response a motion for leave to file 

redacted copies into the public record.

14. Specifically, the Plaintiffs request that Exhibits 1 through 27, 29-33, and 35-41 with 

existing redactions, can be filed into the public record. These exhibits were filed with the Original 

Complaint and Application.

15. The Plaintiffs request that the Exhibit 28 should remain under seal because it 

contains sensitive data regarding the vulnerability of devices used to collect government data and 

also because Plaintiff Jonathan Villareal is subject to an NDA for the work he performed set out 

in Exhibit 28.

16. The Plaintiffs request that the Exhibit 34 needs to be sealed because it contains 

references to high-level governmental individuals that should not be implicated in this suit due to 

security reasons involving the work of ZroBlack and Jonathan Villareal. 

III. Arguments and Authority

17. "[G]ood cause" can be founded on any of a wide variety of circumstances which 

may, but need not necessarily, include fault of the defendant, the absence of negligence of the 

plaintiff, or even unavoidable accident. Matador Pipelines, Inc. v. Thomas, 650 S.W.2d 945, 949 

(Tex. App. 1983). Here, the Plaintiffs followed the November 30 Court order in good faith and 

filed its pleadings under seal with a motion for leave. The Defendants were provided with the 

sealed exhibits and could easily identify the exhibits as evidenced by their ability to point and 

Case 5:20-cv-00571-OLG Document 31 Filed 12/16/20 Page 4 of 6
Page 5 of 6

describe the sealed exhibits. The Defendants were not harmed nor delayed in their answer, thus, 

suffered no harm. 

IV. Conclusion

Plaintiffs respectfully request this Court grant Plaintiff’s Motion for Leave to Plaintiffs to 

file Plaintiffs’ First Amended Verified Complaint and First Amended Application for Seizure, 

Temporary Restraining Order, Preliminary Injunction, and Permanent Injunctive Relief and 

Exhibits into the Public Record, and for all such other and further relief, in law or in equity, to 

which Plaintiff may show itself to be justly entitled. 

Respectfully submitted,

THE VETHAN LAW FIRM, P.C.

By: /s/ Charles M.R. Vethan

Charles M.R. Vethan 

Texas Bar No. 00791852

820 Gessner Road, Ste. 1510

Houston, TX 77024

Telephone: (713) 526-2222

Facsimile: (713) 526-2230

Email: cvethan@vethanlaw.com

Joseph L. Lanza

Texas Bar No. 00784447

11459 Huebner, Suite 101

San Antonio, Texas 78230

Telephone: (210) 824-2220

Fax: (713) 526-2230

Email: jlanza@vethanlaw.com

Service email: edocs@vwtexlaw.com

Attorneys for Plaintiffs

Case 5:20-cv-00571-OLG Document 31 Filed 12/16/20 Page 5 of 6
Page 6 of 6

CERTIFICATE OF SERVICE

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

on the 16th day of December 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

Case 5:20-cv-00571-OLG Document 31 Filed 12/16/20 Page 6 of 6