PAGE 1 OF 7

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

§

§

§

§

§

§

§

§

§

§

§

§

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

JURY DEMANDED

JOINT ADVISORY TO THE COURT REGARDING THE

IN-PERSON HEARING SET ON NOVEMBER 4, 2022

Pursuant to the Court’s Order Setting In-Person Hearing [Doc. 108] and Order Adding 

Motion to In-Person Hearing [Doc. 113], Plaintiffs, MELODY JOY CANTU and DR. RODRIGO 

CANTU, Defendant, DR. SANDRA GUERRA (“Dr. Guerra”), and Defendant, DIGITAL 

FORENSICS CORPORATION, LLC (“DFC”), have conferred with one another regarding the 

specific relief requested in Plaintiff, Melody Joy Cantu’s Notice of Motion for Opposed Protective 

Order [Doc. 101], Defendant, Dr. Sandra Guerra’s Motion to Compel Plaintiffs’ Responses to 

Written Discovery and Request for Sanctions [Doc. 102], Plaintiffs Melody Joy Cantu’s and Dr. 

Rodrigo Cantu’s Motion to Compel [Doc. 103], and Defendant, Dr. Sandra Guerra’s Motion to 

Compel Plaintiffs’ Responses to Written Requests for Discovery Regarding Plaintiffs’ Damages 

and Requests for Sanctions [Doc. 111] and hereby advise the Court as follows:

The parties agree that there are no matters currently set for hearing on November 4, 

2022 which require resolution by the Court. Therefore, the parties respectfully request that 

the Court cancel the in-person hearing currently set on November 4, 2022.

Case 5:20-cv-00746-JKP-HJB Document 116 Filed 11/03/22 Page 1 of 7
PAGE 2 OF 7

The parties represent to the Court that they have reached the following agreement on all 

matters currently set for hearing on November 4, 2022:

1. With respect to Plaintiff, Melody Joy Cantu’s Notice of Motion for Opposed 

Protective Order [Doc. 101]:

a. Dr. Guerra and DFC have re-confirmed their prior agreement that the 

Confidentiality and Protective Order that the Court entered on June 23, 2022 

[Doc. 88] applies to documents produced by third parties. Although it is 

duplicative of Doc. 88, the parties agree to the entry of the Confidentiality 

and Protective Order requested by Plaintiff, Melody Joy Cantu in Doc. 101.

b. Plaintiffs shall, no later than November 11, 2022, execute and deliver to 

counsel for Dr. Guerra, the HIPAA Authorizations sent to counsel for 

Plaintiffs on July 20, 2022. 

c. In response to Request for Production No. 29 set forth in Plaintiffs’ Third 

Requests for Production served on August 16, 2022, Defendant, Dr. Guerra, 

shall, no later than November 11, 2022, execute and deliver to counsel for 

Plaintiffs, a HIPPA authorization to be used solely by Plaintiffs in 

connection with a subpoena by Plaintiffs to Dr. Guerra’s treating physician 

for the production of medical records relating solely to such treating

physician’s diagnosis of Dr. Guerra’s PTSD, subject to the Confidentiality 

and Protective entered by the Court on June 23, 2022 [Doc. 88] and the 

Confidentiality and Protective Order requested by Plaintiffs in Doc. 101.

Case 5:20-cv-00746-JKP-HJB Document 116 Filed 11/03/22 Page 2 of 7
PAGE 3 OF 7

2. With respect to Defendant, Dr. Sandra Guerra’s Motion to Compel Plaintiffs’ 

Responses to Written Discovery and Request for Sanctions [Doc. 102]:

a. Plaintiff, Melody Joy Cantu, shall, no later than November 11, 2022, (i) 

produce all documents responsive to Requests for Production Nos. 20-30 

set forth in Dr. Guerra’s Second Request for Production to Melody Joy 

Cantu served on June 24, 2022 (or confirm in writing that no documents 

responsive to such applicable requests exist), and (ii) confirm in writing that 

no documents are being withheld on the basis of privilege or any objection. 

If any documents are identified by Plaintiff, Melody Joy Cantu, as being 

withheld on the basis of privilege, Plaintiff, Melody Joy Cantu, shall deliver 

a privilege log no later than November 11, 2022.

b. Plaintiff, Dr. Rodrigo Cantu, shall, no later than November 11, 2022, (i) 

produce all documents responsive to Requests for Production Nos. 12-22 

set forth in Dr. Guerra’s First Request for Production to Dr. Rodrigo Cantu 

served on June 24, 2022 (or confirm in writing that no documents 

responsive to such applicable requests exist), and (ii) confirm in writing that 

no documents are being withheld on the basis of privilege or any objection. 

If any documents are identified by Plaintiff, Dr. Rodrigo Cantu, as being 

withheld on the basis of privilege, Plaintiff, Dr. Rodrigo Cantu, shall deliver 

a privilege log no later than November 11, 2022.

c. Counsel for Plaintiffs have represented to counsel for Defendants that they 

originally represented Plaintiffs on an hourly fee basis and then converted 

to a contingency fee arrangement. In lieu of producing copies of Plaintiffs’ 

Case 5:20-cv-00746-JKP-HJB Document 116 Filed 11/03/22 Page 3 of 7
PAGE 4 OF 7

engagement agreements with the Tor Ekeland Firm, PLLC and the Rain 

Minns Law Firm requested by Dr. Guerra in her written discovery to 

Plaintiffs, Mr. Ekeland and Ms. Minns will each, on or before November 

11, 2022, provide signed and sworn affidavits setting forth the financial 

terms of their legal representation agreements with Plaintiffs, including, 

without limitation, (i) the hourly billing rate charged by each attorney, 

paralegal, and law clerk who has worked on behalf of Plaintiffs in this 

litigation, (ii) the date Plaintiffs’ counsel converted from an hourly fee basis 

to a contingency fee basis; (iii) the terms of Plaintiffs’ contingency fee 

arrangement with Plaintiffs’ counsel, including, (a) the percentage of any 

settlement, final judgment, or any monetary recovery that Plaintiffs have 

agreed Plaintiffs’ counsel shall be entitled to retain in consideration for the 

legal services provided to Plaintiffs, and (b) the terms of Plaintiffs’ payment 

of expenses or reimbursement of Plaintiffs’ counsel for the advancement of 

payment of expenses on behalf of Plaintiffs; and (iv) the total amount 

Plaintiffs have actually paid Tor Ekeland Firm, PLLC and the Rain Minns 

Law Firm for fees and expenses as of the date hereof.

3. With respect to Plaintiffs Melody Joy Cantu’s and Dr. Rodrigo Cantu’s 

Motion to Compel [Doc. 103]:

a. Counsel for Plaintiffs shall send counsel for DFC a list of the specific 

documents Plaintiffs contend DFC has not produced per Plaintiffs’ Motion 

to Compel [103]. Upon receipt of such list from Plaintiffs’ counsel, counsel 

for DFC will confer with DFC and, no later than November 11, 2022, either 

(i) confirm in writing to Plaintiffs that such documents been produced, (ii) 

Case 5:20-cv-00746-JKP-HJB Document 116 Filed 11/03/22 Page 4 of 7
PAGE 5 OF 7

confirm such documents do not exist, or (iii) supplement DFC’s production 

if needed. 

4. With respect to Defendant, Dr. Sandra Guerra’s Motion to Compel Plaintiffs’ 

Responses to Written Requests for Discovery Regarding Plaintiffs’ Damages 

and Requests for Sanctions [Doc. 111]:

a. Plaintiffs shall, no later than November 11, 2022, serve their signed, sworn 

responses to each and every interrogatory set forth in Dr. Guerra’s First Set 

of Interrogatories to Melody Joy Cantu served on August 15, 2022 and Dr. 

Guerra’s First Set of Interrogatories to Dr. Rodrigo Cantu served on August 

15, 2022.

b. Plaintiffs shall, no later than November 11, 2022, (i) produce all documents 

responsive to each and every request for production set forth in Dr. Guerra’s 

Third Requests for Production to Melody Joy Cantu served on August 15, 

2022 and Dr. Guerra’s Second Requests for Production to Dr .Rodrigo 

Cantu served on August 15, 2022, and (ii) confirm in writing that no 

documents are being withheld on the basis of privilege or any objection. If 

any documents are identified by Plaintiffs as being withheld on the basis of 

privilege, Plaintiffs shall deliver a privilege log no later than November 11, 

2022.

Case 5:20-cv-00746-JKP-HJB Document 116 Filed 11/03/22 Page 5 of 7
PAGE 6 OF 7

Date: November 3, 2022. Respectfully submitted,

TOR EKELAND LAW, PLLC 

30 Wall Street, 8th Floor 

New York, NY 

Telephone: (718) 737 - 7264 

Facsimile: (718) 504 - 5417 

By: /s/Tor Ekeland __________ 

TOR EKELAND 

NY Bar No. 4493631 

Pro Hac Vice 

tor@torekeland.com

and 

MINNS LAW FIRM, P.C. 

D/B/A RAIN MINNS LAW FIRM 

4412 Spicewood Springs Rd., Suite 500 

Austin, Texas 78759-8583 

Telephone: (512) 372-3222 

Facsimile: (512) 861-2403 

By: /s/Rain Levy Minns __________

RAIN LEVY MINNS

Texas State Bar No. 24034581 

rain@rainminnslaw.com

COUNSEL FOR PLAINTIFFS/COUNTERDEFENDANTS, MELODY JOY CANTU AND 

DR. RODRIGO CANTU

Case 5:20-cv-00746-JKP-HJB Document 116 Filed 11/03/22 Page 6 of 7
PAGE 7 OF 7

DAVIS, CEDILLO & MENDOZA, INC.

McCombs Plaza

755 E. Mulberry Avenue, Suite 250

San Antonio, Texas 78212

Telephone: (210) 822-6666

Facsimile: (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/COUNTERPLAINTIFF, DR. SANDRA GUERRA

APPLE & FINK, L.L.P.

735 Plaza Blvd., Suite 200

Coppell, Texas 75019

Telephone: (972) 315-1900

Facsimile: (972) 315-1955

By: /s/J. David Apple __________ 

J. DAVID APPLE

Texas Bar No. 01278850

jdapple@applefinklaw.com

ATTORNEY FOR DEFENDANT, DIGITAL 

FORENSICS CORPORATION LLC

CERTIFICATE OF SERVICE

I certify that on this 3rd 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

Case 5:20-cv-00746-JKP-HJB Document 116 Filed 11/03/22 Page 7 of 7