Madhusudan Shah v. Sodexo Services of Texas Limited Partnership ( 2015 )


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  •                                                                                 ACCEPTED
    01-15-00141-CV
    FIRST COURT OF APPEALS
    HOUSTON, TEXAS
    3/11/2015 6:40:19 PM
    CHRISTOPHER PRINE
    CLERK
    NO. 01-15-00141-CV
    FILED IN
    __________________________________________________________________
    1st COURT OF APPEALS
    HOUSTON, TEXAS
    IN THE COURT OF APPEALS        3/11/2015 6:40:19 PM
    FOR THE FIRST JUDICIAL DISTRICT CHRISTOPHER A. PRINE
    OF TEXAS AT HOUSTON                  Clerk
    __________________________________________________________________
    MADHUSUDAN SHAH, APPELLANT
    v.
    SODEXO SERVICES OF TEXAS LIMITED PARTNERSHIP
    __________________________________________________________________
    On appeal from the 55th Judicial District Court
    Harris County, Texas
    Trial Court Cause No. 2014-20678
    __________________________________________________________________
    APPELLANT MADHUSUDAN SHAH’S UNOPPOSED MOTION
    FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
    _________________________________________________________________
    LEAD COUNSEL FOR APPELLANT:
    Kenneth R. Baird
    The Baird Law Firm
    2323 South Voss Road, Suite 325
    Phone: (713) 783-1113
    Facsimile: (281) 677-4227
    bairdlawfirm@hotmail.com
    1
    APPELLANT MADHUSUDAN SHAH’S UNOPPOSED MOTION
    FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
    TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
    NOW COMES, Madhusudan Shah, Appellant in the above-styled and
    numbered cause (hereinafter “Appellant”), appearing by and through the assistance
    of the undersigned counsel of record, and pursuant to the authority of Rule 10 of the
    Texas Rules of Appellate Procedure, files his Unopposed Motion for Extension of
    Time to File Initial Brief. In support thereof, Appellant respectfully shows the
    Honorable Court of Appeals as follows:
    I.
    SUMMARY OF RELIEF SOUGHT
    1.1.   Appellant understands that his initial appellate brief is due on March 30, 2014.
    Due to the recent filing of the clerk’s record, Appellant’s counsel has not yet had an
    opportunity to obtain a copy of the clerk’s record to use in connection with the
    drafting of Appellant’s brief. As Appellant’s counsel plans to pay the applicable fee
    and obtain a copy of the clerk’s record shortly, Appellant respectfully requests that
    the Honorable Court of Appeals extend the deadline for his brief by thirty days or
    until April 29, 2014. There have no prior extensions relative to the briefing schedule
    and Appellant seeks an extension not for purposes of delay but so that justice may
    be accomplished.
    2
    II.
    RELEVANT FACTUAL & PROCEDURAL HISTORY
    2.1.    Appellant filed his Notice of Appeal with the trial court clerk on February 12,
    2015.
    2.2.    The case was assigned to the First Court of Appeals on February 17, 2015 and
    the required filing fee has been paid by Appellant.
    2.3.    The clerk’s record was filed on February 27, 2015.
    2.4.    From a notice sent by the clerk of court on March 2, 2015, Appellant
    understands that his initial brief is due on March 30, 2015 or thirty days from the
    filing of the clerk’s record.1
    III.
    ARGUMENT & AUTHORITIES
    3.1.    Good cause exists for the proposed extension. In particular, Appellant’s
    counsel needs additional time to obtain a copy of the clerk’s record so that he can
    prepare Appellant’s brief. In this regard, counsel for Appellant spoke with the
    clerk’s office on the day this motion was filed and will make arrangements shortly
    to obtain a copy of the clerk’s record, including the payment of the required one
    dollar fee. As an alternative basis for the requested continuance, Appellant’s counsel
    1
    Thirty days from February 27, 2015 is March 29, 2015. However, Appellant considers the deadline to the following
    business day or March 30, 2015.
    3
    needs additional time to prepare the brief based upon his commitments in other
    matters.
    3.2.   Appellant understands that his initial brief is due by March 30, 2014 and
    respectfully requests a thirty day extension of time with a new briefing deadline of
    April 29, 2014.
    3.3.   There have been no prior requests for an extension of the current briefing
    schedule.
    3.4.   The proposed extension is not sought for purposes of delay but so that he ends
    of justice can be served.
    3.5.   Neither party will be prejudiced by the proposed extension as evidenced by
    the fact that Appellee is not opposing the requested extension.
    IV.
    CONCLUSION & PRAYER FOR RELIEF
    WHEREFORE, PREMISES CONSIDERED, Appellant Madhusudan Shah
    respectfully prays that the Honorable Court of Appeals grant his Unopposed Motion
    for Extension of Time to File Initial Brief thereby extending the deadline for his
    initial brief by thirty days to April 29, 2015.       Appellant Madhusudan Shah
    additionally prays that the Honorable Court of Appeals memorialize its decision in
    this regard by entering the proposed order which is attached. Finally, Appellant
    Madhusudan Shah prays for such further relief, at either law or equity, to which he
    may prove himself to be justly entitled.
    4
    Respectfully Submitted,
    THE BAIRD LAW FIRM
    /s/ Kenneth R. Baird, Esq._________
    Kenneth R. Baird
    Texas Bar No. 24036172
    2323 South Voss Road, Suite 325
    Houston, Texas 77057
    Phone: (713) 783-1113
    Facsimile: (281) 677-4227
    bairdlawfirm@hotmail.com
    COUNSEL FOR APPELLANT
    MADHUSUDAN SHAH
    CERTIFICATE OF CONFERENCE
    As required by Rule 10.1(a)(5) of the Texas Rules of Appellate Procedure, I
    certify that I have conferred with all other parties – who are listed below – about the
    merits of this motion with the following results:
    Neal A. Hoffman, counsel for Appellee Sodexo Services of Texas Limited
    Partnership, has indicated that he does not oppose the motion.
    /s/ Kenneth R. Baird, Esq._________
    Kenneth R. Baird
    Date: March 11, 2015
    5
    CERTIFICATE OF SERVICE
    As required by Rules 6.3and 9.5(b) – (e) of the Texas Rules of Appellate
    Procedure, I certify that I have served this document on all other parties – which are
    listed below – by the manner of service indicated below:
    Via Electronic Filing
    & Facsimile: (713)629-5027
    Mr. Nelson D. Skyler
    Mr. Neal A. Hoffman
    Brown Sims
    1177 West Loop South, 10th Floor
    Houston, Texas 77027
    Counsel for Appellee Sodexo Services of Texas
    Limited Partnership
    /s/ Kenneth R. Baird, Esq._________
    Kenneth R. Baird
    Date: March 11, 2015
    6
    

Document Info

Docket Number: 01-15-00141-CV

Filed Date: 3/11/2015

Precedential Status: Precedential

Modified Date: 9/29/2016