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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

MELODY JOY CANTU and

DR. RODRIGO CANTU, 

Plaintiffs

V.

DR. SANDRA GUERRA and

DIGITAL FORENSICS 

CORPORATION, LLC

Defendants

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CASE NO.: 5:20-CV-00746-JKP (HJB)

DR. GUERRA’S MOTION FOR LEAVE TO FILE HER SUR-REPLY TO 

PLAINTIFFS’ REPLY TO DR. GUERRA’S RESPONSE TO 

PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT

TO THE HONORABLE UNITED STATES DISTRICT COURT:

NOW COMES Defendant, DR. SANDRA GUERRA (“Dr. Guerra” and “Defendant”), and 

pursuant to Local Rule CV-7(f)(1) and Rule 56(e), moves the Court for leave to file her Sur-Reply 

to Plaintiffs’ Reply to Dr. Guerra’s Response to Plaintiffs’ Motion for Summary Judgment [Doc. 

118] (the “Reply”), and, in support thereof, would respectfully show unto the Court as follows:

1. Plaintiffs filed their Reply on November 4, 2022. However, Plaintiffs’ Reply 

contains new arguments not previously asserted in Plaintiffs’ Motion for Summary Judgment filed 

on October 14, 2022 [Doc. 109]. More significantly, Plaintiffs submitted new summary judgment 

evidence that was not included with the summary judgment evidence previously submitted by 

Plaintiffs when they filed Plaintiffs’ Motion for Summary Judgment.

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2. Plaintiffs claim for the first time in their Reply that “[b]ecause of Dr. Guerra and 

1 Plaintiffs added Docs. 118-19 to 118-23 to their Reply, which were not included with the 

summary judgment evidence submitted by Plaintiffs when they filed Plaintiffs’ Motion for 

Summary Judgment on October 14, 2022. 

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DFC’s malicious prosecution of [Plaintiff, Melody Joy Cantu], Mrs. Cantu has had to undergo 

therapy.”2 Accordingly, Plaintiffs’ new summary judgment evidence includes, without limitation, 

Plaintiff, Melody Joy Cantu’s unredacted medical records,

3 which Plaintiffs publicly filed with 

Court in support of Melody’s claim that she “suffered significant damages as a direct result of Dr. 

Guerra’s obsessive campaign against her and Dr. Cantu.”4 However, the newly filed medical 

records actually demonstrate that Melody’s therapy and emotional hardships not only predate Dr. 

Guerra’s filing of a police report against Melody for harassment, but they are the direct result of 

Melody’s pre-existing mental health conditions and dysfunctional relationship with her husband 

Dr. Cantu.

3. Furthermore, Plaintiffs’ Reply contains several misstatements and

mischaracterizations of the summary judgment evidence and facts. For example, Plaintiffs 

misrepresent to the Court that “[e]vidence from the Texas Medical Board shows that Dr. Guerra 

lied to authorities, wrongfully accusing Dr. Cantu of failing to meet his child support obligations”

and “as a direct result...,Dr. Cantu’s medical license was suspended.5 However, the competent 

summary judgment evidence establishes that Dr. Cantu did not timely pay all the child support 

payments he owed to Dr. Guerra. Moreover, after receiving a request from the Texas Attorney 

General’s Office, Dr. Guerra completed a Custodial Parent’s Affidavit of Direct Payments and 

returned it to the Texas Attorney General as requested.

2 Doc. 118, p. 5.

3 Dr. Guerra notes that Plaintiffs submitted Plaintiffs’ medical records as part of the public record 

in spite of their spurious objections to Dr. Guerra’s third-party subpoenas and requests for

production of Plaintiffs’ medical and billing records and repeated refusals to provide HIPAA 

authorizations for the production of such medical and billing records. See Docs. 90, 93, 101, 104, 

106, and 116. Plaintiffs continue to withhold Plaintiffs’ HIPAA authorization as of the date of this 

filing. 

4 Doc. 118, p. 5 (citing Doc. 118-19 and 118-20 in fn. 9-10 therein)

5 Doc. 118, p.5 (citing Doc. 118-21 in fn. 7 therein); see also Ex. S, which is a legible copy of Doc. 

118-21.

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4. Accordingly, Dr. Guerra requests leave to file a sur-reply to address new arguments 

and correct misstatements and mischaracterizations contained in the Plaintiffs’ Reply. 

5. In addition, Dr. Guerra requests leave to file a sur-reply because Plaintiffs just 

recently produced some of the supplementation discovery responses they were required to provide 

to Defendants pursuant to the parties’ Joint Advisory to the Court Regarding the In-Person Hearing 

Set on November 4, 2022 [Doc. 116]. Counsel for Plaintiffs sent a link via email at 7:19 p.m. CST 

on November 11, 20226 to counsel for the Defendants containing Plaintiffs’ purported 

supplemental discovery responses. However, the link was defective, and Defendants were unable

to access Plaintiffs’ supplemental discovery responses until Plaintiffs’ counsel sent a new link on 

November 14, 2022 (the date hereof).

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6. In accordance with Local Rule CV-7(b), a copy of the Dr. Guerra’s proposed Surreply to Plaintiffs’ Reply to Dr. Guerra’s Response to Plaintiffs’ Motion for Summary Judgment 

is included with this Motion for Leave.

Dated: November 14, 2022. Respectfully submitted,

6 Veteran’s Day was on November 11, 2022. 7 As of the date hereof, Plaintiffs have still failed to comply with all the terms of the parties’ 

agreement under the Joint Advisory. Accordingly, Dr. Guerra reserves the right to file a motion 

for leave to amend and/or supplement her Summary Judgment on Plaintiffs’ Claims [Doc. 109], 

Response to Plaintiffs’ Motion for Summary Judgement [Doc. 114], and Dr. Guerra’s sur-reply 

requested herein pending Plaintiffs’ full compliance with the Joint Advisory. 

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DAVIS, CEDILLO & MENDOZA, INC.

McCombs Plaza, Suite 250

755 E. Mulberry Avenue

San Antonio, Texas 78212

Telephone No.: (210) 822-6666

Telecopier No.: (210) 660-3795

 

By: /s/Ricardo G. Cedillo __________ 

 RICARDO G. CEDILLO

 Texas State Bar No. 04043600

 rcedillo@lawdcm.com

 BRANDY C. PEERY

 Texas State Bar No. 24057666

 bpeery@lawdcm.com

ATTORNEYS FOR DEFENDANT, DR. 

SANDRA GUERRA

CERTIFICATE OF SERVICE

I certify that on this 14th day of November 2022, a true and correct copy of the foregoing 

was electronically filed with the Clerk of the Court using the CM/ECF system which will send 

electronic notification of such filing to the parties on record. 

 /s/Ricardo G. Cedillo 

RICARDO G. CEDILLO

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