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Results of Hearing
on January 22, 2002
The hearings on January 22, 2002 in Corpus
Christi went very well and Hector Cárdenas did a fantastic job
fighting for our family. The following is a brief outline of what took
place. Copies of the orders signed by Judge McDowell are on the web
site and can be seen by clicking the Notices of Motions button on the
BFH website.
The first hearing started at 10:00
a.m. and involved the following:
- Our Motion to Compel the Kenedy Foundation
to answer the interrogatories and requests for production needed to
prove that in addition to Kenedy County, we cannot get a fair trial
in either Kleberg or Nueces County;
- GRANTED. The Kenedy Foundation
was ordered to answer our questions within seven days - January
29, 2002.
- Our Motion for New Scheduling Order
to get back the time we lost caused by the Kenedy Foundation's delay
in responding to our discovery requests as well as other things done
to delay the case;
- GRANTED. The Trial date was moved
to February 24, 2003.
- Our Motion for a Protective Order
to prevent the Kenedy Foundation from taking depositions of certain
family members including myself;
- GRANTED in part and denied in part.
We wanted to keep the focus on the venue attle by halting discovery
until the court ruled on our pending Motion to Change Venue. A
protective order is in place for 30 days.
- The Kenedy Foundation's motion to
add all "unknown and unborn" heirs of Jose Manuel Ballí
Villarreal to this lawsuit.
- GRANTED. This means that all of the
remaining primary heirs have been added to the lawsuit whether they
want to or not.
- The Kenedy Foundation's Motions to
Compel the depositions of Gloria Munoz Gibney, Joe Ballí and
myself;
- GRANTED in part and denied in part.
Hector fought to delay all depositions until after the hearing
on the Motion to Change Venue. Judge McDowell agreed to allow
one deposition and ordered Gloria to appear for deposition on
February 22, 2002. The deposition of Joe Ballí and myself
will occur at a later date.
- The Kenedy Foundation's Motion to
Compel answers to discovery served on the Delia Pina Flores group
and the Motion to add them to the main group represented by Hector.
- GRANTED in part and denied in part.
Judge McDowell signed an order allowing Hector to take over this
group and the order on our Motion for Protection also protects
this group for at least 30 days.
The second hearing started at 1:00
p.m. and involved:
- Our Motion for Special Exceptions,
which is an attack on the Kenedy Foundation's defective paperwork;
- The matter was taken under advisement
and will be decided at a later date.
The case will soon begin moving very fast
and anyone with documents or information helpful to the case should
get it to the attorneys as soon as possible!!!
Please continue to pray for justice.
Respectfully yours,
Fred B. Ballí
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