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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)

JURY DEMANDED

CO-DEFENDANTS’ JOINT ADVISORY TO THE COURT REGARDING

DEFENDANT, DR. SANDRA GUERRA’S MOTION TO ENFORCE SCHEDULING 

ORDER AND FOR SANCTIONS AGAINST PLAINTIFFS

Pursuant to the Court’s Order Setting In-Person Hearing [Doc. 75], Defendant, DR. 

SANDRA GUERRA (“Dr. Guerra”), and Defendant, DIGITAL FORENSICS CORPORATION 

(“DFC”) (collectively, “Co-Defendants”), have conferred with Plaintiffs, MELODY JOY CANTU 

and DR. RODRIGO CANTU, regarding the specific relief requested in Defendant, Dr. Sandra 

Guerra’s Motion to Enforce Scheduling Order and for Sanctions Against Plaintiffs [Doc. 73] and 

hereby advise the Court as follows: 

1. Co-Defendants have been unable to resolve this matter with Plaintiffs. 

2. Plaintiffs and Dr. Guerra attended mediation on August 20, 2021 before engaging 

in discovery. DFC was not represented by counsel at the time and, therefore, did not participate 

in such mediation. 

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3. However, Plaintiffs assert that the contract between Co-Defendants “is at the heart 

of this case.”1 Accordingly, Co-Defendants have proposed that Plaintiffs and Co-Defendants all 

participate in a Zoom mediation with Donald R. Philbin now that DFC is represented by counsel 

and the parties have engaged in discovery. Nevertheless, Plaintiffs will only agree to mediate 

with DFC but not with Dr. Guerra. 

4. Co-Defendants believe, based upon the claims asserted and relief sought by 

Plaintiffs in their First Amended Complaint [Doc. 03], any reasonable, good faith opportunity for 

a successful mediation requires the participation of both Defendants. 

5. Plaintiffs cite their “concern[] with spending time, money, and their emotional wellbeing” as a basis for refusing to participate in a mediation with both DFC and Dr. Guerra. 

However, the proposed mediator, Mr. Philbin, charges the same rate to each party regardless of 

the number of participants. Plaintiffs will pay the same fee to the mediator regardless of whether 

it is only DFC or both DFC and Dr. Guerra who participate in the mediation with Plaintiffs. 

Further, the Zoom mediation proposed by Co-Defendants eliminates the costs of travel (and, if 

successful, the time and expense of further litigation) and forecloses the possibility of the parties 

having to see or be in physical presence of one another. 

6. In lieu of accepting Co-Defendants’ proposal of participating in a Zoom mediation 

with both Co-Defendants, Plaintiffs’ counsel advised Co-Defendants that he will fly from New 

York City to San Antonio to attend the June 23, 2022 in-person hearing ordered by the Court. 

1

 Doc. 78, p. 1. 

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Date: June 17, 2022. Respectfully submitted,

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 17th day of June 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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