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January 26, 2002

NOTICE: To all the heirs of Jose Manuel Ballí Villarreal
RE: Cause No. 1261; The John G. and Marie Stella Memorial Foundation v. Sylvia Menchaca Ballí Aguilera, In the 105th District Court of Kenedy County, Texas.


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:

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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:

  1. 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