Attorneys for the plaintiffs, Heather Delgado and Simona Longoria, have meanwhile reported their intention to file a motion for Summary Judgment by the court without a trial, within the next two weeks. However, given the nature of civil lawsuit procedure, they will likely need to wait at least until the defense has filed an official written answer to the plaintiffs' petition, and the plaintiffs' attorneys will need to wait until a reasonable amount of discovery has been completed, otherwise the attorneys for Nikki Araguz can defend against the summary judgment motion with the argument that they need more time to gather evidence that would support their defense claims. The written answer the defense will need to file after the court hears its Motion to Dismiss, is a necessary formality that usually consists primarily of paragraph by paragraph denials of the plaintiffs' petition/complaint. Among the evidence it seems likely the defense will want to gather are medical records and testimony regarding the surgery Nikki Araguz has received, and the intersex/hermaphroditic condition she was born with, called Androgen Insensitivity Syndrome.
Among additional factual information that has been disclosed are that Thomas Araguz had apparently made an affidavit prior to his death containing the facts of his knowledge of Nikki Araguz, including Nikki's medical history and the potentially contentious nature of their marriage. The affidavit was apparently filed as an exhibit with the Motion to Dismiss the defense filed with the court on August 4, 2010. This means that, combined with the email messages Nikki and Thomas Araguz exchanged in October 2008 when Nikki was in Trinidad, Colorado have genital reconstruction surgery with Marci Bowers, MD, they seem to have ample evidence to establish that Thomas Araguz knew that Nikki Araguz was born with Androgen Insensitivity Syndrome (AIS), and although Nikki likely has an XY sex chromosome pair, the AIS condition meant that she could never function or reproduce as a male human being.
Another very important matter regarding the lawsuit does seem to have been informally settled by the parties regarding the various sums of money left to Nikki Araguz by Thomas Araguz. The plaintiffs are now agreeing with Nikki Araguz that a $60,000 retirement policy on which Thomas Araguz explicitly named Nikki Araguz the beneficiary and checked the "other" box regarding type of relationship does belong to Nikki Araguz and should not be contested as part of the lawsuit. However, the judge will probably need to sign off on this stipulation between the parties, since the judge had already frozen those and other funds as part of the previously entered temporary restraining order that prevents either party from accessing or spending any of the money the lawsuit is litigating over.