AES Valves, LLC and IES International Energy Services, Ltd. v. Kobi International, Inc. Dba Kobi Group ( 2018 )

ACCEPTED
01-18-00081-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
3/19/2018 7:02 PM
CHRISTOPHER PRINE
CLERK
Case No. 01-18-00081-CV
IN THE FIRST COURT OF APPEALS FILED IN
1st COURT OF APPEALS
at Houston, Texas HOUSTON, TEXAS
3/19/2018 7:02:06 PM
_____________________________________CHRISTOPHER A. PRINE
Clerk
AES VALVES, LLC and IES INTERNATIONAL ENERGY SERVICES, LTD.,
Appellants,
v.
KOBI INTERNATIONAL, INC. DBA KOBI GROUP
Appellee.
_____________________________________
Appealed from the 125th Judicial District Court
Of Harris County, Texas
____________________________________________________________
UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLANTS’ BRIEF
____________________________________________________________
C. Ed Harrell
Hughes Watters Askanase, L.L.P.
TBN: 09042500
1201 Louisiana, 28th Floor
Houston, Texas 77002
(713) 759-0818 – Phone
(713) 759-6834 – Fax
eharrell@hwa.com
Attorney for Appellants
TO THE HONORABLE COURT OF APPEALS:
Appellants, AES Valves, LLC and IES International Energy Services, Ltd.
respectfully file this Unopposed Motion to Extend Time to File Appellants’ Brief.
1. On January 25, 2018, Appellants filed the Notice of Restricted
Appeal.
2. On January 26, 2018, Appellants requested the Clerk’s Record,
including the Motion for Default on Damages file marked June 2, 2017.
3. On February 16, 2018, Appellants paid for the Clerk’s record.
4. On February 20, 2018, the Harris County District Clerk filed the
Clerk’s record.
5. On February 21, 2018, Appellants identified the Clerk’s Record was
deficient as it did not include the Motion for Default on Damages with its
multitude of exhibits. Appellants immediately requested that District Clerk
supplement the Clerk’s Record with the missing documents. The Clerk’s Record
has not yet been supplemented.
6. The present deadline for filing the brief is March 22, 2018.
7. Appellants cannot finish their brief without the Motion for Default on
Damages and its exhibits.
P. 2
8. In addition to needing a complete record, the following grounds
provide “good cause” for extending the time to file the Appellees’ brief.
Appellants’ lead counsel has been actively preparing for a complex trial in Jal B.
Guzder v. MKM Engineers, Inc., and PIKA International, Inc.; Cause No. 07-
DCV-155803A in the District Court of Fort Bend County, Texas 434th Judicial
District and was assigned to trial beginning March 20, 2018. The trial is expected
to last two weeks. The preparation and trying of this matter will substantially
inhibit Appellants’ counsel’s ability to complete the brief prior to the deadline.
9. As such, Appellants seek a thirty-day extension, that is, thirty (30)
days after the complete Clerk’s Record is filed, in which to file their brief.
10. This is Appellants’ first request for an extension of time to file their
brief.
11. This motion is unopposed.
12. This Court may extend the time to file Appellants’ brief under the
authority of Rule 38.6(d) and 10.5(b) of the Texas Rules of Appellate Procedure.
13. This motion is not filed for the purpose of delay, but to allow counsel
adequate time to prepare the Appellants’ brief.
P. 3
CONCLUSION
For these reasons, Appellants respectfully request an extension of time to
file Appellants’ Brief until thirty days after the complete Clerk’s Record is filed.
Respectfully submitted,
HUGHES WATTERS ASKANASE, L.L.P.
By: //s// C. Ed Harrell
C. Ed Harrell
TBN: 09042500
1201 Louisiana, 28th Floor
Houston, Texas 77002
(713) 759-0818 – Phone
(713) 759-6834 – Fax
eharrell@hwa.com
Attorney for Appellants
CERTIFICATE OF CONFERENCE
As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I
have conferred with all other parties which are listed belowCabout the merits of
this motion with the following results:
John S. “Jack” Edwards, Jr., Attorney for Appellee KOBI International, Inc.
D/B/A KOBI Group.
( ) opposes motion
(X) does not oppose motion
( ) agrees with motion
( ) would not say whether motion is opposed
( ) did not return my message regarding the motion
//s// C. Ed Harrell
C. Ed Harrell
Date: March 19, 2018
P. 4
 CERTIFICATE OF SERVICE
As required by Texas Rule of Appellate Procedure 6.3 and 9.5(b), (d), (e), I
certify that I have served this document on all other parties which are listed below
on March 19, 2018 by electronic service:
John S. “Jack” Edwards, Jr.
Ajamie, LLP
711 Louisiana, Ste. 2150
Pennzoil Place – South Tower
Houston TX 77002
Facsimile: (713) 860-1699
Attorney for Appellee
KOBI International, Inc. D/B/A KOBI Group
//s// C. Ed Harrell
C. Ed Harrell
P. 5