Maverick County and County Attorney Ricardo Ramos File Lawsuit and Counter-Lawsuit Against Each Other
By: Miguel Munoz, Eagle Pass Business Journal, Inc., Copyright 2017
Maverick County filed a lawsuit against Maverick County Attorney Ricardo Ramos in his private, individual capacity as a former independent contractor of legal services to Maverick County on March 30, 2017 in the 365th Judicial District Court, Maverick County, Texas, alleging that Ramos failed to timely answer a federal lawsuit in the United States District Court for the Western District of Texas, Del Rio Division, against the County which resulted in a default judgment entered against Maverick County for the amount of $120,125.
Maverick County Attorney Ricardo Ramos answered Maverick County’s lawsuit and filed a Counter-Lawsuit (Counterclaim) against Maverick County on May 1, 2017, alleging that County Judge David R. Saucedo was negligent and breached his fiduciary duties in not timely handling the federal lawsuit upon being served with the lawsuit, resulting in Maverick County being defaulted with a $120,125 judgment.
Maverick County contends in its lawsuit against Ramos that “the County was sued by Jose Cabello, Maria Cabello, Anailu Cabello, and Christabel Cabello (“Plaintiffs”) for injuries that were suffered from the execution of a warrant (“the Petition”). The County was served with the Petition and at the time of the service Defendant (Ramos) was legal counsel for the County. On December 20, 2011, the Plaintiffs filed a request for Entry of Default. The Court granted the Request and ordered Plaintiffs to serve the attorney for the County with a copy of the Order. The Plaintiffs sent a copy of the Entry of Default to all the named Defendants in the Petition.”
Maverick County further contends in its lawsuit that “Defendant (Ramos) contacted Plaintiff’s Counsel at the beginning of March 2012 and stated that Defendants (Maverick County) would be moving to set aside the entry of Default. More than five (5) months later, the Plaintiffs filed a Motion for Default Judgment. Three weeks after the filing of the Motion for Default Judgment, Counsel (Ramos) for the County filed a Motion to Vacate. Counsel (Ramos) waited over six (6) months after learning of the entry of Default before taking corrective action.” The County further alleges that “On March 31, 2015 due to the entry of Default for the failure of the County to file an Answer and due to the failure of the Defendant to file a Motion to Vacate timely, the Federal District Court awarded damages in the amount of $102,701 for compensatory damages….and $17,424 for attorney’s fees…,” totaling $120,125.
On the other hand, Ramos contends in his counter-lawsuit against Maverick County that County Judge David R. Saucedo “On November 16, 2011 …was served with the lawsuit….David Saucedo then had until December 16, 2011 to either file an answer or notify counsel (Ramos) to file an answer in the matter. Yet, David Saucedo took no action.” Ramos also contends that “On December 20, 2011, a Motion for Default Judgment against Maverick County was filed. Still, David Saucedo took no action. On February 21, 2012, an Order Granting the Motion for Default Judgment against Maverick County was entered. Still no action on behalf of David Saucedo.”
Ramos’ counter-lawsuit further alleges that “By the time David Saucedo finally decided to act, the damage had been done. David Saucedo waited until March 2012, four months after being served to bring this matter to the attention of Commissioners Court and Ricardo Ramos. Had David Saucedo not been negligent and complied with his fiduciary duty, Maverick County would have been in a position to file a response to the pending litigation and had an opportunity to negotiate the terms of a settlement or go to trial on the matter. Due to David Saucedo’s inaction, Maverick County received a default judgment order against it.”
Ramos seeks damages from Maverick County for the sum of $120,125 plus reasonable attorney’s fees, court costs, and expenses, while Maverick County seeks monetary relief in excess of $200,000 but not more than $1,000,000.
Maverick County is represented by Robert W. Wilson of Sanchez & Wilson of San Antonio, Texas while Ricardo Ramos is represented by The Ramos and Torres Law Firm of San Antonio, Texas.
Both parties blame each other for the negligence and failure to timely answer the Cabello Family federal lawsuit in Del Rio, Texas resulting in a default judgment for the amount of $120,125 entered against Maverick County, which County taxpayers have to pay for.
County Judge David R. Saucedo and County Attorney Ricardo Ramos work together in prosecuting and adjudicating thousands of criminal misdemeanors cases in Maverick County Court, which Court observers have noticed friction between the two during recent proceedings.
Ramos is the duly-elected Maverick County Attorney whose responsibility is to handle and prosecute criminal misdemeanor cases in County Court. During the time period of the Cabello Family federal lawsuit was filed, Ramos had a contract to provide civil legal services with Maverick County as an independent contractor, not as County Attorney.
The parties lawsuit and counter-lawsuit will proceed to discovery, motions, and a jury trial in the future. One thing is certain, one party will win and another will lose in court proceedings. County taxpayers will find out the truth as to which party or parties were responsible for the negligence and the judgment for $120,125 entered against and paid for by Maverick County. The case is pending before Judge Amado J. Abascal, III in the 365th Judicial District Court in Maverick County, Texas.
