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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)

DEFENDANT’S MOTION FOR LEAVE TO FILE DEFENDANTS’ SUR-REPLY TO 

PLAINTIFFS’ REPLY TO DEFENDANTS’ RESPONSE IN OPPOSITION TO 

PLAINTIFFS’ MOTION FOR LEAVE TO FILE SUPPLEMENTAL MOTION FOR 

SUMMARY JUDGMENT AND REQUEST FOR SANCTIONS AGAINST PLAINTIFFS

TO THE HONORABLE UNITED STATES DISTRICT COURT:

Pursuant to Local Rule CV-7(E)(1), Defendants, DR. SANDRA GUERRA (“Dr. 

Guerra”) and DIGITAL FORENSICS CORPORATION, LLC (“DFC” and, together with Dr. 

Guerra, “Defendants”), hereby request leave to file Defendants’ Sur-Reply to Plaintiffs’ Reply 

to Defendants’ Response in Opposition to Plaintiffs’ Motion for Leave to File Supplemental 

Motion for Summary Judgment and Request for Sanctions Against Plaintiffs [Doc. 122] and, in 

support thereof, respectfully shows unto the Court as follows:

ARGUMENT AND AUTHORITIES

1. On July 17, 2023, Plaintiffs filed Plaintiffs’ Motion for Leave to File 

Supplemental Motion for Summary Judgment [Doc. 120]. However, Plaintiffs failed to address 

or identify a single “good cause” factor for consideration under Rule 16(b) in Plaintiffs’ Motion 

for Leave. 

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2. Defendants timely filed their Response in Opposition to Plaintiffs’ Motion for 

Leave to File Supplemental Motion for Summary Judgment and Request for Sanctions Against 

Plaintiffs [Doc. 121] on July 24, 2023. Plaintiffs subsequently filed Plaintiffs’ Reply to 

Defendants’ Response in Opposition to Plaintiffs’ Motion for Leave to File Supplemental 

Motion for Summary Judgment and Request for Sanctions Against Plaintiffs [Doc. 122] (the 

“Reply”) on July 31, 2023.

3. Plaintiffs’ Reply contains new legal and factual arguments not previously 

asserted in Plaintiffs’ Motion for Leave. Specifically, Plaintiffs’ Reply now includes a Rule 

16(b) analysis and Plaintiffs’ new factual and legal contentions regarding each of the four factors 

that must be considered in determining whether Plaintiffs have satisfied their burden of showing 

good cause to allow leave to file Plaintiffs’ Proposed Supplemental Motion for Summary 

Judgment. 

4. Therefore, Defendants respectfully requests leave to file Defendants’ Sur-Reply 

to address Plaintiffs’ new arguments and legal analysis contained in Plaintiffs’ Reply. In 

accordance with Local Rule CV-7(b), a copy of the Defendants’ proposed Sur-Reply to 

Plaintiffs’ Reply to Defendants’ Response in Opposition to Plaintiffs’ Motion for Leave to File 

Supplemental Motion for Summary Judgment and Request for Sanctions Against Plaintiffs is 

included with this Motion for Leave.

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Dated: August 7, 2023. Respectfully submitted,

DAVIS, CEDILLO & MENDOZA, INC.

McCombs Plaza, Suite 500

755 E. Mulberry Avenue

San Antonio, Texas 78212

Telephone No.: (210) 822-6666

Telecopier No.: (210) 822-1151

 

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

-ANDAPPLE & FINK, L.L.P.

735 Plaza Blvd., Suite 200

Coppell, Texas 75019

Telephone No.: (972) 315-1900

Telecopier No.: (972) 315-1955

 

By: /s/J. David Apple__________ 

J. DAVID APPLE

Texas State Bar No. 01278850

jdapple@applefinklaw.com

ATTORNEYS FOR DEFENDANT, 

DIGITAL FORENSICS CORPORTION, 

LLC

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CERTIFICATE OF SERVICE

I certify that on the 7th day of August 2023 a true and correct copy of the foregoing was 

electronically via the CM/ECF System to all counsel of record.

 /s/Ricardo G. Cedillo 

 RICARDO G. CEDILLO

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