EXHIBIT A

Case 5:20-cv-00746-JKP Document 73-1 Filed 05/19/22 Page 1 of 12
From: Brandy Peery

To: Nicole Guitelman

Cc: Tor Ekeland; Ricardo Cedillo; David Apple

Subject: RE: [External] Re: Cantu v. Guerra and DFC

Date: Wednesday, May 18, 2022 10:21:00 AM

We will advise the Court of your opposition to the Scheduling Order it entered on February

25, 2022.

You still have not provided us with deposition dates. As stated in my prior emails, we are

willing to extend the discovery period to accommodate your clients’ request for Zoom

depositions. In light of David’s surgery on June 21, we are proposing July 6 or 7 for your

clients’ depositions. We would also be willing to conduct their Zoom depositions on

Saturday, July 9th or Sunday, July 10th, subject to David’s availability and the availability of a

court reporter.

Brandy C. Peery

Shareholder

Note: New Suite Number

OFFICE: 210-822-6666

FAX: 210-660-3795

EMAIL: bpeery@lawdcm.com

ADDRESS: 755 E. Mulberry Ave., Suite 250 

 San Antonio, Texas 78212

The information contained in this e-mail is attorney-client privileged and confidential information intended only for the use of the intended recipient or

agent responsible to deliver it to the intended recipient. You are hereby notified that any dissemination, distribution or copying of this communication is

strictly prohibited. If you have received this communication in error, please immediately notify us by telephone at 210/822-6666 and please return the

original message to us at the following address via the U.S. Postal Service. Davis, Cedillo & Mendoza, Inc., 755 E Mulberry Suite 500, San Antonio, Texas

78212. As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that any written tax advice contained herein was not

written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal

Revenue Code. Communications by email are not intended to and should not be construed to create any contractual or other legal obligation unless the

context of the email unequivocally indicates an intention by the sender of this email to create a legally binding obligation.

From: Nicole Guitelman <nicoleg@torekeland.com> 

Sent: Wednesday, May 18, 2022 10:12 AM

To: Brandy Peery <bpeery@lawdcm.com>

Cc: Tor Ekeland <tor@torekeland.com>; Ricardo Cedillo <rcedillo@lawdcm.com>; David Apple

<jdapple@applefinklaw.com>

Subject: Re: [External] Re: Cantu v. Guerra and DFC

Good morning Brandy,

We have already mediated with Dr. Guerra in this matter, and see no value in spending our client’s

money on additional mediation, given your expressed position at the last one.

We are unaware of any mediation requirement or requirement by order of the court. Please feel

free to forward us your motion.

Case 5:20-cv-00746-JKP Document 73-1 Filed 05/19/22 Page 2 of 12
Kind Regards,

Nicole Guitelman

Law Clerk

Tor Ekeland Law, PLLC

30 Wall Street,

8th Floor

New York, NY 10005-2205

(718) 737-7264

nicoleg@torekeland.com

www.torekeland.com

This account is checked once in the morning and once in the afternoon. If you need a response before that

please call the office number listed above. This email is sent from a law firm and may contain privileged and

confidential information. If you have received it in error, please let us know and then delete all copies of it.

From: Brandy Peery <bpeery@lawdcm.com>

Date: Wednesday, May 18, 2022 at 9:37 AM

To: Nicole Guitelman <nicoleg@torekeland.com>

Cc: Nicole Guitelman <nicoleg@torekeland.com>, Tor Ekeland <tor@torekeland.com>,

Ricardo Cedillo <rcedillo@lawdcm.com>, David Apple <jdapple@applefinklaw.com>

Subject: RE: [External] Re: Cantu v. Guerra and DFC

Ms. GuitelmanWe still have not received a response from you to the email I sent you yesterday at 1:25 p.m.

CST. Please advise whether you and your clients intend to comply with the Court’s order

requiring the parties to return to mediation. If we do not receive a response from you by 12:00

p.m. CST today, we will proceed with filing our Motion to Compel and for Sanctions.

I checked Don Philbin’s availability again this morning. He is no longer available on July 7th.

However, he is still available for Zoom mediation on July 11th and 12th. We need to get on

his calendar as soon as possible.

Brandy C. Peery

Shareholder

Note: New Suite Number

OFFICE: 210-822-6666

FAX: 210-660-3795

EMAIL: bpeery@lawdcm.com

ADDRESS: 755 E. Mulberry Ave., Suite 250 

 San Antonio, Texas 78212

The information contained in this e-mail is attorney-client privileged and confidential information intended only for the use of the intended recipient or

agent responsible to deliver it to the intended recipient. You are hereby notified that any dissemination, distribution or copying of this communication is

strictly prohibited. If you have received this communication in error, please immediately notify us by telephone at 210/822-6666 and please return the

original message to us at the following address via the U.S. Postal Service. Davis, Cedillo & Mendoza, Inc., 755 E Mulberry Suite 500, San Antonio, Texas

78212. As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that any written tax advice contained herein was not

written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal

Case 5:20-cv-00746-JKP Document 73-1 Filed 05/19/22 Page 3 of 12
Revenue Code. Communications by email are not intended to and should not be construed to create any contractual or other legal obligation unless the

context of the email unequivocally indicates an intention by the sender of this email to create a legally binding obligation.

From: Brandy Peery 

Sent: Tuesday, May 17, 2022 6:59 PM

To: David Apple <jdapple@applefinklaw.com>

Cc: Nicole Guitelman <nicoleg@torekeland.com>; Tor Ekeland <tor@torekeland.com>; Ricardo

Cedillo <rcedillo@lawdcm.com>

Subject: Re: [External] Re: Cantu v. Guerra and DFC

I apologize, David. If it helps, perhaps we can do depositions on June 27, July 6 or 7 and then

mediate on July 11 or 12th to give you more time to recuperate?

Sent from my iPhone

On May 17, 2022, at 6:28 PM, David Apple <jdapple@applefinklaw.com> wrote:

Remember that my hip replacement surgery is June 21 and I will be on heavy pain

meds for a few days according to the doctor, so I would prefer not to do anything that

week. I am also in mediation the morning of June 20.

J. David Apple

APPLE & FINK, LLP

735 Plaza Blvd.

Suite 200

Coppell, Texas 75019

(972) 315-1900 x223

(972) 315-1955 fax

jdapple@applefinklaw.com

CONFIDENTIALITY NOTICE: This electronic mail transmission has been sent by a law

firm. It may contain information that is confidential, privileged, proprietary, or

otherwise legally exempt from disclosure. If you are not the intended recipient, you

are hereby notified that you are not authorized to read, print, retain, copy or

disseminate this message, or any part of it, or any attachments. If you have received

this message in error, please delete this message and any attachments from your

system without reading the content and notify the sender immediately of

the inadvertent transmission. There is no intent on the part of the sender to waive any

privilege, including the attorney-client privilege, that may attach to this

communication. Thank you for your cooperation.

On Tue, May 17, 2022 at 1:25 PM Brandy Peery <bpeery@lawdcm.com> wrote:

Case 5:20-cv-00746-JKP Document 73-1 Filed 05/19/22 Page 4 of 12
NicoleMediation is not optional. The Court ordered the parties back to mediation. If

you and your clients refuse to comply with the Court’s order, we will file a

Motion to Compel and for Sanctions and advise the Court accordingly. Please

let me know today so we can get our Motion on file. If your clients intend to

comply with the Court’s Order, please advise today as to your and your clients’

availability for a Zoom mediation on July 6, 7, 11, or 12.

We asked for dates for your clients’ depositions almost 2 weeks ago on May 6th

and heard nothing back from you. You still have not provided any dates in your

email below. It is already late-May and our “early June” calendars are already

full. We will agree to Zoom depositions as an accommodation, but only on the

dates proposed of June 20, 21, 23, 24, or 27.

Brandy C. Peery

Shareholder

Note: New Suite Number

OFFICE: 210-822-6666

FAX: 210-660-3795

EMAIL: bpeery@lawdcm.com

ADDRESS: 755 E. Mulberry Ave., Suite 250 

 San Antonio, Texas 78212

The information contained in this e-mail is attorney-client privileged and confidential information intended only for the use of

the intended recipient or agent responsible to deliver it to the intended recipient. You are hereby notified that any dissemination,

distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please

immediately notify us by telephone at 210/822-6666 and please return the original message to us at the following address via the

U.S. Postal Service. Davis, Cedillo & Mendoza, Inc., 755 E Mulberry Suite 500, San Antonio, Texas 78212. As required by U.S.

Treasury Regulations governing tax practice, you are hereby advised that any written tax advice contained herein was not written

or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the

U.S. Internal Revenue Code. Communications by email are not intended to and should not be construed to create any

contractual or other legal obligation unless the context of the email unequivocally indicates an intention by the sender of this

email to create a legally binding obligation.

From: Nicole Guitelman <nicoleg@torekeland.com> 

Sent: Tuesday, May 17, 2022 1:04 PM

To: Brandy Peery <bpeery@lawdcm.com>; David Apple

<jdapple@applefinklaw.com>

Cc: Tor Ekeland <tor@torekeland.com>; Ricardo Cedillo <rcedillo@lawdcm.com>

Subject: Re: [External] Re: Cantu v. Guerra and DFC

Good afternoon,

Thanks for checking in.

Brandy, in regards to the mediation, we need to know what has changed from the

previous mediation offer. Our clients have mediated with Dr. Guerra multiple times

in the past and are left with the notion that your client never had an interest in a

Case 5:20-cv-00746-JKP Document 73-1 Filed 05/19/22 Page 5 of 12
resolution. Therefore, we request to know what has changed for your client this time

around. Additionally, if we are to go the mediation route again, we would only

consider half a day with Don.

Brandy and David, in regards the depositions, would both of you be agreeable to

have them via Zoom? If so, we agree to extend the same courtesy for our deposition

requests of your clients. I can let you know which dates are best for our clients, but I

believe early June will be best for depositions via Zoom.

Good luck with the surgery David, hope you feel better.

Kind Regards,

Nicole Guitelman

Law Clerk

Tor Ekeland Law, PLLC

30 Wall Street,

8th Floor

New York, NY 10005-2205

(718) 737-7264

nicoleg@torekeland.com

www.torekeland.com

This account is checked once in the morning and once in the afternoon. If you need a response

before that please call the office number listed above. This email is sent from a law firm and

may contain privileged and confidential information. If you have received it in error, please let us

know and then delete all copies of it.

From: Brandy Peery <bpeery@lawdcm.com>

Date: Tuesday, May 17, 2022 at 10:34 AM

To: David Apple <jdapple@applefinklaw.com>, Nicole Guitelman

<nicoleg@torekeland.com>

Cc: Tor Ekeland <tor@torekeland.com>, Ricardo Cedillo

<rcedillo@lawdcm.com>

Subject: RE: [External] Re: Cantu v. Guerra and DFC

AllDon Philbin has since become booked up through June 30th while we’ve been

awaiting Plaintiffs’ response. Our June calendars have been filling up as well.

Philbin is currently available July 6-7 and the week of July 11th. The deadline

to mediate is June 29th, but I believe we can, by agreement, schedule mediation

on one of these July dates, especially in light of the 4th of July holiday falling

so close to the June 29th deadline. The deadline to file dispositive motions is

July 13 so I propose that we mediate before this deadline.

We propose the following:

Case 5:20-cv-00746-JKP Document 73-1 Filed 05/19/22 Page 6 of 12
Extend the discovery deadline to June 30th (the Scheduling Order allows

us to do so by agreement)

Schedule the in-person depositions of Plaintiffs on June 20, 21, 23, 24, or

27

Mediate (in person or Zoom) on July 6, 7, 11, or 12

We need to get on Philbin’s calendar as soon as possible. We are confirming

our clients’ availability regarding the July mediation dates and will let everyone

know as soon as possible. Please let us know today if you are agreeable with

the foregoing.

Brandy C. Peery

Shareholder

Note: New Suite Number

OFFICE: 210-822-6666

FAX: 210-660-3795

EMAIL: bpeery@lawdcm.com

ADDRESS: 755 E. Mulberry Ave., Suite 250 

 San Antonio, Texas 78212

The information contained in this e-mail is attorney-client privileged and confidential information intended only for the use of

the intended recipient or agent responsible to deliver it to the intended recipient. You are hereby notified that any dissemination,

distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please

immediately notify us by telephone at 210/822-6666 and please return the original message to us at the following address via the

U.S. Postal Service. Davis, Cedillo & Mendoza, Inc., 755 E Mulberry Suite 500, San Antonio, Texas 78212. As required by U.S.

Treasury Regulations governing tax practice, you are hereby advised that any written tax advice contained herein was not written

or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the

U.S. Internal Revenue Code. Communications by email are not intended to and should not be construed to create any

contractual or other legal obligation unless the context of the email unequivocally indicates an intention by the sender of this

email to create a legally binding obligation.

From: David Apple <jdapple@applefinklaw.com> 

Sent: Tuesday, May 17, 2022 9:02 AM

To: Nicole Guitelman <nicoleg@torekeland.com>

Cc: Brandy Peery <bpeery@lawdcm.com>; Tor Ekeland <tor@torekeland.com>;

Ricardo Cedillo <rcedillo@lawdcm.com>

Subject: Re: [External] Re: Cantu v. Guerra and DFC

Any update on the depositions and mediation? I would be grateful to get these

dates on my calendar so I can plan accordingly given my upcoming surgery. Thank

you.

J. David Apple

APPLE & FINK, LLP

735 Plaza Blvd.

Suite 200

Coppell, Texas 75019

(972) 315-1900 x223

Case 5:20-cv-00746-JKP Document 73-1 Filed 05/19/22 Page 7 of 12
(972) 315-1955 fax

jdapple@applefinklaw.com

CONFIDENTIALITY NOTICE: This electronic mail transmission has been sent by a law

firm. It may contain information that is confidential, privileged, proprietary, or

otherwise legally exempt from disclosure. If you are not the intended recipient, you

are hereby notified that you are not authorized to read, print, retain, copy or

disseminate this message, or any part of it, or any attachments. If you have received

this message in error, please delete this message and any attachments from your

system without reading the content and notify the sender immediately of

the inadvertent transmission. There is no intent on the part of the sender to waive

any privilege, including the attorney-client privilege, that may attach to this

communication. Thank you for your cooperation.

On Mon, May 9, 2022 at 9:49 AM Nicole Guitelman <nicoleg@torekeland.com>

wrote:

Thanks Brandy.

We’ll discuss the mediation and deposition dates with our clients and get back to

you.

Best,

Nicole Guitelman

Law Clerk

Tor Ekeland Law, PLLC

30 Wall Street,

8th Floor

New York, NY 10005-2205

(718) 737-7264

nicoleg@torekeland.com

www.torekeland.com

This account is checked once in the morning and once in the afternoon. If you need a

response before that please call the office number listed above. This email is sent from a law

firm and may contain privileged and confidential information. If you have received it in error,

please let us know and then delete all copies of it.

From: Brandy Peery <bpeery@lawdcm.com>

Date: Friday, May 6, 2022 at 11:56 AM

To: David Apple <jdapple@applefinklaw.com>

Cc: Tor Ekeland <tor@torekeland.com>, Nicole Guitelman

<nicoleg@torekeland.com>, Ricardo Cedillo <rcedillo@lawdcm.com>

Subject: RE: [External] Re: Cantu v. Guerra and DFC

Case 5:20-cv-00746-JKP Document 73-1 Filed 05/19/22 Page 8 of 12
We are not opposed to a Zoom mediation on the 27th or 28th and Don Philbin

is willing to mediate via Zoom on those dates. Nicole/Tor – Please let us

know your and your clients availability for Zoom mediation on June 27th or

28th,

Tor/Nicole - As to the in-person depositions, please let us know your and

your clients’ availability for their depositions on June 9th, 10th, 13th, 14th,

15th, 16th or 17th.

Brandy C. Peery

Shareholder

Note: New Suite Number

OFFICE: 210-822-6666

FAX: 210-660-3795

EMAIL: bpeery@lawdcm.com

ADDRESS: 755 E. Mulberry Ave., Suite 250 

 San Antonio, Texas 78212

The information contained in this e-mail is attorney-client privileged and confidential information intended only for the use

of the intended recipient or agent responsible to deliver it to the intended recipient. You are hereby notified that any

dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication

in error, please immediately notify us by telephone at 210/822-6666 and please return the original message to us at the

following address via the U.S. Postal Service. Davis, Cedillo & Mendoza, Inc., 755 E Mulberry Suite 500, San Antonio, Texas

78212. As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that any written tax advice

contained herein was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding

penalties that may be imposed under the U.S. Internal Revenue Code. Communications by email are not intended to and

should not be construed to create any contractual or other legal obligation unless the context of the email unequivocally

indicates an intention by the sender of this email to create a legally binding obligation.

From: David Apple <jdapple@applefinklaw.com> 

Sent: Friday, May 6, 2022 10:35 AM

To: Brandy Peery <bpeery@lawdcm.com>

Cc: Tor Ekeland <tor@torekeland.com>; Nicole Guitelman

<nicoleg@torekeland.com>; Ricardo Cedillo <rcedillo@lawdcm.com>

Subject: [External] Re: Cantu v. Guerra and DFC

I will not be available for an in person mediation after June 19 due to hip

replacement surgery. My client and I should be able attend a Zoom mediation

beginning the week of June 27th. As to in person depositions, those would also

have to be prior to June 19. Otherwise, my client and I would only be able to

attend via Zoom beginning the week of June 27.

J. David Apple

APPLE & FINK, LLP

735 Plaza Blvd.

Suite 200

Coppell, Texas 75019

(972) 315-1900 x223

Case 5:20-cv-00746-JKP Document 73-1 Filed 05/19/22 Page 9 of 12
(972) 315-1955 fax

jdapple@applefinklaw.com

CONFIDENTIALITY NOTICE: This electronic mail transmission has been sent by a

law firm. It may contain information that is confidential, privileged, proprietary, or

otherwise legally exempt from disclosure. If you are not the intended recipient,

you are hereby notified that you are not authorized to read, print, retain, copy or

disseminate this message, or any part of it, or any attachments. If you have

received this message in error, please delete this message and any attachments

from your system without reading the content and notify the sender immediately

of the inadvertent transmission. There is no intent on the part of the sender

to waive any privilege, including the attorney-client privilege, that may attach to

this communication. Thank you for your cooperation.

On Fri, May 6, 2022 at 10:36 AM Brandy Peery <bpeery@lawdcm.com> wrote:

NicoleWill you please provide us with Dr. Cantu’s and Mrs. Cantu’s availability

for their in-person depositions on June 9th, 10th, 13th, 14th, or 15th? The

discovery deadline expires on June 15th, however, pursuant to the Court’s

order, we are willing to agree to schedule their depositions after this

deadline if that works better with your schedules.

In addition, the deadline for mediation is June 29, 2022. We propose an

in-person mediation using Don Philbin again as our mediator since he is

already familiar with the case http://www.donphilbin.com/. He is

currently available, June 20, 21, 23, 24, 27 and 28. Please let us know if

anyone has any objections to using Don Philbin and whether you and/or

clients have any conflicts on any of these dates.

Brandy C. Peery

Shareholder

Note: New Suite Number

OFFICE: 210-822-6666

FAX: 210-660-3795

EMAIL: bpeery@lawdcm.com

ADDRESS: 755 E. Mulberry Ave., Suite 250 

 San Antonio, Texas 78212

The information contained in this e-mail is attorney-client privileged and confidential information intended only for the

use of the intended recipient or agent responsible to deliver it to the intended recipient. You are hereby notified that any

dissemination, distribution or copying of this communication is strictly prohibited. If you have received this

communication in error, please immediately notify us by telephone at 210/822-6666 and please return the original

message to us at the following address via the U.S. Postal Service. Davis, Cedillo & Mendoza, Inc., 755 E Mulberry Suite

500, San Antonio, Texas 78212. As required by U.S. Treasury Regulations governing tax practice, you are hereby advised

that any written tax advice contained herein was not written or intended to be used (and cannot be used) by any taxpayer

Case 5:20-cv-00746-JKP Document 73-1 Filed 05/19/22 Page 10 of 12
for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code. Communications by

email are not intended to and should not be construed to create any contractual or other legal obligation unless the

context of the email unequivocally indicates an intention by the sender of this email to create a legally binding obligation.

Case 5:20-cv-00746-JKP Document 73-1 Filed 05/19/22 Page 11 of 12
From: Brandy Peery

To: Tor Ekeland; Nicole Guitelman; David Apple

Cc: Ricardo Cedillo

Subject: Cantu v. Guerra and DFC

Date: Friday, May 6, 2022 10:36:00 AM

NicoleWill you please provide us with Dr. Cantu’s and Mrs. Cantu’s availability for their in-person

depositions on June 9th, 10th, 13th, 14th, or 15th? The discovery deadline expires on June 15th,

however, pursuant to the Court’s order, we are willing to agree to schedule their depositions

after this deadline if that works better with your schedules.

In addition, the deadline for mediation is June 29, 2022. We propose an in-person mediation

using Don Philbin again as our mediator since he is already familiar with the case

http://www.donphilbin.com/. He is currently available, June 20, 21, 23, 24, 27 and 28.

Please let us know if anyone has any objections to using Don Philbin and whether you and/or

clients have any conflicts on any of these dates.

Brandy C. Peery

Shareholder

Note: New Suite Number

OFFICE: 210-822-6666

FAX: 210-660-3795

EMAIL: bpeery@lawdcm.com

ADDRESS: 755 E. Mulberry Ave., Suite 250 

 San Antonio, Texas 78212

The information contained in this e-mail is attorney-client privileged and confidential information intended only for the use of the intended recipient or

agent responsible to deliver it to the intended recipient. You are hereby notified that any dissemination, distribution or copying of this communication is

strictly prohibited. If you have received this communication in error, please immediately notify us by telephone at 210/822-6666 and please return the

original message to us at the following address via the U.S. Postal Service. Davis, Cedillo & Mendoza, Inc., 755 E Mulberry Suite 500, San Antonio, Texas

78212. As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that any written tax advice contained herein was not

written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal

Revenue Code. Communications by email are not intended to and should not be construed to create any contractual or other legal obligation unless the

context of the email unequivocally indicates an intention by the sender of this email to create a legally binding obligation.

Case 5:20-cv-00746-JKP Document 73-1 Filed 05/19/22 Page 12 of 12