Laurie Mejia-Rose v. John Moore Services, Inc, MBS Fountains of Tomball Ltd. D/B/A Fountains of Tomball, and Henry S. Miller Realty Management, LLC ( 2018 )

ACCEPTED
01-17-00955-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
3/20/2018 1:47 PM
CHRISTOPHER PRINE
CLERK
CASE NO. 01-17-00955-CV
IN THE FOURTEENTH COURT OF APPEALS FILED IN
1st COURT OF APPEALS
AT HOUSTON, TEXAS HOUSTON, TEXAS
3/20/2018 1:47:03 PM
CHRISTOPHER A. PRINE
LAURIE MEJIA-ROSA Clerk
Appellant
vs.
JOHN MOORE SERVICES, INC, MBS FOUNTAINS OF TOMBALL LTD.
D/B/A FOUNTAINS OF TOMBALL, AND HENRY S. MILLER REALTY
MANAGEMENT, LLC
Appellee
On Appeal from 215th District Court
Harris County, Texas
Trial Court Cause No. 2014-00998 and 2014-00998A
FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE APPELLANT’S OPENING BRIEF
Caj D. Boatright
State Bar No. 24036237
cboatright@arnolditkin.com
Kurt Arnold
State Bar No. 24036150
karnold@arnolditkin.com
Alison Baimbridge
State Bar No. 24040160
abaimbridge@arnolditkin.com
ARNOLD & ITKIN LLP
6009 Memorial Drive
Houston, TX 77007
Telephone: (713) 222-3800
Facsimile: (713) 222-3850
e-service@arnolditkin.com
COUNSEL FOR APPELLANT
TO THE HONORABLE FIRST COURT OF APPEALS:
Appellant Laurie Mejia-Rosa, through undersigned counsel, respectfully
moves this honorable Court for an extension of time in which to file a Response to
the brief in the above-captioned appeal, and as grounds states as follows:
1. The present deadline for filing the brief is March 23, 2018.
2. Appellants seek a 60-day extension, until May 22, 2018, in which to
file their brief.
3. This is Appellants’ first request for an extension of time to file their
brief.
4. For the last few weeks, Counsel for Mejia-Rosa has been required to
travel out-of-state on numerous occasions for hearings and depositions.
Additionally, Counsel for Mejia-Rosa is preparing for a Jones Act trial that isi
preferentially set and will begin on Monday, March 19, 2018, in Cause No. 2016-
14927; Jane Doe v. Transcoean Offshore Deepwater Drilling, Inc et al. in the 151st
District Court of Harris County, Texas.
5. Due to counsel for Mejia-Rosa’s current workload, previously
scheduled depositions, court appearances and trials in other matters, counsel for
Mejia-Rosa needs more time to adequately review the record on appeal and prepare
Appellant’s brief.
6. Appellants’ brief is currently due March 23, 2018.
7. Appellants request an extension of 60 days, so that Appellants’ brief
may be prepared. Such an extension would extend the filing date for Appellants’
reply brief to May 22, 2018.
8. This extension request is not intended for any undue delay or prejudice,
but so that Appellants have sufficient time to prepare their brief and that justice may
be done.
WHEREFORE, Appellants respectfully request that this Honorable Court
grant this motion, affording them a 60-day extension of time, through and until May
22, 2108, to file their opening brief, and for such other and further relief as this
Honorable Court deems appropriate.
Respectfully submitted,
ARNOLD & ITKIN LLP
/s/ Caj D. Boatright
Caj D. Boatright
State Bar No. 24036237
cboatright@arnolditkin.com
Kurt Arnold
State Bar No. 24036150
karnold@arnolditkin.com
Alison Baimbridge
State Bar No. 24040160
abaimbridge@arnolditkin.com
ARNOLD & ITKIN LLP
6009 Memorial Drive
Houston, TX 77007
Telephone: (713) 222-3800
Facsimile: (713) 222-3850
e-service@arnolditkin.com
COUNSEL FOR APPELLANT
CERTIFICATE OF CONFERENCE
Counsel for Appellants have conferred with counsel for Appellee in a good
faith effort to avoid any issues that might be raised by this motion. Counsel for
Appellee has advised that they have no opposition to the extension of time requested
herein.
/s/ Alison Baimbridge
Alison Baimbridge
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Unopposed
Motion for Extension of Time to File Appellant’s Reply Brief has been forwarded to
all counsel of record in accordance with the Texas Rules of Appellate Procedure on
this 20th day of March, 2018.
Mr. Michael W. Magee
MEHAFFY WEBER
500 Dallas Street, Ste 1200
Houston, Texas 77002
michaelmagee@mehaffyweber.com
patriciachamblin@mehaffyweber.com
ATTORNEY FOR JOHN MOORE SERVICES, INC.
Spencer Edwards
The Hudgins Law Firm
24 Greenway Plaza, Suite 2000
Houston, Texas 77046
Sedwards@hudgins-law.com
ATTORNEY FOR TT-FOUNTAINS OF TOMBALL, LTD., INCORRECTLY
NAMED AS MBS FOUNTAINS OF TOMBALL, LTD. D/B/A FOUNTAINS
OF TOMBALL, AND HENRY S. MILLER REALTY MANAGEMENT, LLC
/s/ Alison Baimbridge
Alison Baimbridge