Defendant’s Notice of Correction to Motion for Summary Judgment

756359/sdh Page 1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

BRYAN RISER, §

Plaintiff, §

§

vs. § Civil Action No. 3:22-CV-01014-K

§

§

ESTEBAN MONTENEGRO, §

Defendant. §

DEFENDANT ESTEBAN MONTENEGRO’S

NOTICE OF CORRECTION TO MOTION FOR SUMMARY JUDGMENT

Defendant Esteban Montenegro (hereinafter “Defendant” or “Montenegro”) files this

Notice of Correction to Motion for Summary Judgment. In support thereof, Defendant

respectfully shows the following:

I.

On November 20, 2023, Defendant filed his Motion for Summary Judgment, Brief in 

Support of Motion for Summary Judgment, and Appendix in Support of Motion for Summary 

Judgment. (See Dkt. Nos. 35, 36, and 37). Defendant’s Motion for Summary Judgment contains 

an inadvertent mistake in its recitation of facts. Specifically, the motion states that “Mr. 

Kilpatrick told Montenegro that he met with Mr. Riser and Mr. Simmons at Miller Park located 

at 2800 Persimmon Road. App. at p. 003 [E. Montenegro Aff., ¶10]. At that location, Mr. Riser 

talked about the plan to kidnap and kill Ms. Saenz. Id. Mr. Riser also showed Mr. Kilpatrick and 

Mr. Simmons a picture of Ms. Saenz and Mr. Riser told them Ms. Saenz’s name. Id.” (See Dkt. 

No. 35, p. 4, ¶8).

What Esteban Montenegro’s affidavit actually states, however, is that Kilpatrick told 

Montenegro that Riser met Kilpatrick and Simmons “at Miller Park located at 2800 Persimmon 

Road. At this location, Mr. Riser talked about the plan to kidnap and kill Ms. Saenz. Mr. Riser 

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Defendant’s Notice of Correction to Motion for Summary Judgment

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also showed Mr. Kilpatrick a picture of Ms. Saenz and Mr. Riser told Kilpatrick Ms. Saenz’s 

name.” (See Dkt. No. 37, App. p. 003, [E. Montenegro Aff., ¶10]).

II.

Defendant’s motion for summary judgment thus mistakenly and inadvertently states that 

Riser showed Kilpatrick and Simmons a picture of Saenz and told Kilpatrick and Simmons

Saenz’s name, when in fact Riser showed only Kilpatrick a photo of Saenz and only gave 

Saenz’s name to Kilpatrick. Defendant files this notice to apprise the Court and Plaintiff of this

error in the motion for summary judgment and to correct same. 

WHEREFORE, PREMISES CONSIDERED, Defendant Montenegro prays that the Court

grant his motion for summary judgment and that any and all of Plaintiff’s claims against 

Montenegro be dismissed, with prejudice to the refiling of same; Defendant further prays that 

Plaintiff take nothing by this suit; that all relief requested by Plaintiff be denied; and that 

Defendant recover all costs of suit and attorney’s fees; Defendant further prays for such other 

and further relief, both general and special, at law or in equity, to which he may show himself to 

be justly entitled.

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Defendant’s Notice of Correction to Motion for Summary Judgment

756359/sdh Page 3

Respectfully submitted,

/s/ Stephen D. Henninger

THOMAS P. BRANDT

State Bar No. 02883500

tbrandt@fhmbk.com

STEPHEN D. HENNINGER

State Bar No. 00784256

shenninger@fhmbk.com

CHRISTOPHER BRANDT

State Bar No. 24072262

cbrandt@fhmbk.com

FANNING, HARPER, MARTINSON,

BRANDT & KUTCHIN, P.C.

One Glen Lakes

8140 Walnut Hill Lane, Suite 200

Dallas, Texas 75231

(214) 369-1300 (office)

(214) 987-9649 (telecopier)

ATTORNEYS FOR DEFENDANT

CERTIFICATE OF SERVICE

I hereby certify that on November 27, 2023, I electronically filed the foregoing document 

with the Clerk of the Court through the ECF system and an email notice of the electronic filing 

was sent to all attorneys of record.

/s/ Stephen D. Henninger

STEPHEN D. HENNINGER

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