UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF TEXAS 

SAN ANTONIO DIVISION

MELODY JOY CANTU AND DR. 

RODRIGO CANTU

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5:20-cv-00746-jkp

 PLAINTIFFS §

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v. §

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DR. SANDRA GUERRA AND 

DIGITAL FORENSICS 

CORPORATION LLC

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 DEFENDANTS §

DEFENDANT DIGITAL FORENSICS CORPORATION LLC’S

RESPONSE TO SHOW CAUSE ORDER

Defendant Digital Forensics Corporation LLC hereby files this 

Response to the Court’s Order to Show Cause dated November 17, 2020, and, for 

the reasons stated herein, respectfully requests that the Court not impose 

sanctions.

1. Defendant Digital Forensics Corporation LLC’s original counsel, Jerry 

Rios tested positive for Covid-19 on October 18, 2020. Due to complications from 

Type 2 diabetes, Rios’s condition persisted through November 15, 2020 and Mr. 

Rios is just now able to return to work.

2. During this time period, Rios’s office made arrangements to transfer 

the case to Lewis K. Harley, who filed the necessary documents for admittance to 

the court pro hac vice.

3. Harley and Rios had limited communications by phone from time 

during this period, but somewhere along the way, the pretrial conference hearing 

Case 5:20-cv-00746-JKP Document 34 Filed 12/01/20 Page 1 of 3
Defendant’s Response to Show Cause Page 2 of 3

scheduled for November 17, 2020 slipped through each attorney’s calendars. 

Harley did work with opposing counsel to help craft the Proposed Scheduling 

Order, 26(f) Report, and Advisory required by the court on or before November 

13, 2020 without issue, but somehow, the hearing date was missed by Harley and 

Rios due to their mistake and miscommunication.

4. Harley and Rios each apologize to the court for the 

miscommunication regarding the hearing on November 17, 2020 that led to the 

absence of counsel for defendant Digital Forensics Corporation LLC during the 

hearing and stipulate that there was no conscious indifference of the part of 

either Harley or Rios for that absence.

5. In light of the foregoing, the undersigned counsel respectfully 

requests that the Court not impose sanctions.

Respectfully submitted,

THE HARLEY LAW GROUP

4801 Woodway Drive

Suite 300E

Houston, Texas 77056

(713) 968-6540 

lewis.harley@harleylawgroup.com

By: ___________________________

 Lewis K. Harley

 Texas Bar No. 09015500

 

ATTORNEY FOR DEFENDANT

DIGITAL FORENSICS

CORPORATION LLC

Case 5:20-cv-00746-JKP Document 34 Filed 12/01/20 Page 2 of 3
Defendant’s Response to Show Cause Page 3 of 3

CERTIFICATE OF SERVICE

I certify that on December 1, 2020, a true and correct copy of the foregoing 

document was served via CM/ECF in accordance with the Federal Rules of Civil 

Procedure, on the attorneys of record listed below.

 _________________________

 Lewis K. Harley

Via Electronic Mail: 

Tor Ekeland

Tor Ekeland Law, PLLC

195 Montague Street, 14th Floor

Brooklyn, New York 11201

Phone: (718) 737-7264

Email: tor@torekeland.com

Attorney for Plaintiffs

Rain Levy Minns

Rain Minns Law Firm

4412 Spicewood Springs Road

Suite 500

Austin, Texas 78759

Phone: (512) 372-3222

Email: rain@rainminnslaw.com

Attorney for Plaintiffs

Richard G. Cedillo

Courtney R. Gaines

Davis Cedillo & Mendoza, Inc.

McCombs Plaza, Suite 500

755 E. Mulberry Avenue

San Antonio, Texas 78212

Phone: (210) 822-6666

Email: rcedillo@lawdcm.com

Email: cgaines@lawdcm.com

Attorneys for Defendant

Dr. Sandra Guerra

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