ACCEPTED
01-14-00539-cv
FIRST COURT OF APPEALS
HOUSTON, TEXAS
9/25/2015 10:48:54 AM
CHRISTOPHER PRINE
CLERK
CAUSE NO. 01-14-00539-CV
IN THE COURT OF APPEALS
FOR THE FILED IN
1st COURT OF APPEALS
FIRST JUDICIAL DISTRICT OF TEXAS HOUSTON, TEXAS
HOUSTON, TEXAS_______________________
9/25/2015 10:48:54 AM
TAN DUC USA CHRISTOPHER A. PRINE
Clerk
Appellant,
v.
JIMMY TRAN
Appellee.
On Appeal from the Harris County District Court, 309th Judicial District
Harris County, Texas
Cause No. 2010-48243
APPELLANT TAN DUC USA’S RESPONSE OPPOSING APPELLEE
JIMMY TRAN’S MOTION TO EXTEND AND BIFURCATE HIS
DEADLINES FOR FILING BRIEF AS APPELLEE AND CROSS
APPELLATE
Tan Duc USA, Appellant
Keryl L Douglas, Atty. of Appellant Tan Duc USA
Texas Bar No. 24060880
5804 Bayou Bend Court, Houston, TX 77004
Tel. 713-819-9945 Fax 713-589-6823
Jimmy Tran, Appellee/Cross Appellate
Matthew Muller, Attorney for Appellee Tran
Texas Bar No. 14648450
1445 N. Loop West, Ste 760, Houston, TX 77007
Tel. 713-227-1888 Fax 713-227-1881
Maya Dang, Appellant
Alan B. Daughtry, Counsel for Appellant Dang
Texas Bar No. 00793583
3355 West Alabama, Ste 444, Houston, TX 77098
Tel. 281-300-5202 Fax 281-404-4478
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APPELLANT TAN DUC USA’S RESPONSE OPPOSING APPELLEE
JIMMY TRAN’S MOTION TO EXTEND AND BIFURCATE HIS
DEADLINES FOR FILING BRIEF AS APPELLEE AND CROSS
APPELLATE
To This Honorable Appeals Court, comes now Tan Duc USA, Appellant here and
Co-defendant below, and files this Response Opposing Appellee Jimmy Tran’s
Motion to Extend and Bifurcate His Deadlines for Filing Briefs as Appellee and as
Conditional Cross Appellate, and would show the Court the following:
1. This court issued new briefing schedule On August 25, 2015 with deadline
of September 24, 2015 for Appellant Tan Duc USA to file its Amended
Brief and for Appellee/Conditional Cross Appellate Jimmy Tran to file his
briefs, with notice of no further extensions.
2. Appellant Tan Duc USA filed its Amended Brief.
3. Appellee Jimmy Tran filed neither his Appellee Brief in Response to
Appellant Maya Dang, nor his Conditional Cross Appellant Brief, but rather
a Motion to again extend deadlines for each of 3 weeks and 1 month,
respectively.
4. Counsel for Jimmy Tran admitted that he did/does not need the Jury
questions and instructions he referenced in his motion in order to complete
Appellee Brief in Response to Appellate Dang’s brief, yet he did not
complete or file his Appellee Brief, nor Conditional Cross Appellant Brief.
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5. Counsel for Jimmy Tran did not conference with Counsel for Appellant Tan
Duc USA, as he admitted in his Certificate of Conference, and as he has
routinely and discriminately failed or refused to do throughout this appeal.
6. This Honorable Court never issued a directive to Appellee Tran regarding
filing a “single” brief, or a “bifurcated” brief.
7. Prior agreement regarding single or bifurcated brief referenced by
Appellee’s counsel also excluded me if and when it took place.
8. Counsel’s Motion Certificate of Conference statement, “by earlier agreement
with Dang’s current appellant counsel,” is ambiguous or misleading as to
whether Dang’s Counsel was timely conferenced specifically for this latest
motion to extend or whether Tran’s attorney is referencing “prior” briefing
conference earlier, which also must have excluded me from conference as
Counsel to appellate party, Tan Duc USA, in violation of appellate rules.
9. Tan Duc USA asks that Motion to extend be denied Jimmy Tran as it
pertains to filing of both Appellee’s Brief in response to Appellant Dang, as
well as to filing of a Conditional Cross Appellant Brief. Alternatively, if
extension is granted to one party, I ask that the same extension of time be
applied to all parties desiring such additional time to file or amend briefs.
10. Tan Duc USA asks that Jimmy Tran and Counsel be cited or sanctioned for
routinely failing or refusing to conference with Counsel for all parties.
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CONCLUSION
Appellant Tan Duc USA timely filed its Amended Appellant’s Brief. Appellee and
Conditional Cross Appellant Jimmy Tran filed neither brief as directed by most
recent Order of this Court. Tan Duc USA opposes Jimmy Tran’s Motion to Extend
time to file both his briefs that he missed the September 24, 2015 deadline on. This
Honorable Court stated that no further extensions would be granted for briefing
purposes. Tan Duc USA respectfully asks this Honorable Court to deny Jimmy
Tran’s Motion to Extend and Bifurcate and that Jimmy Tran not be permitted to
late file either brief. Further, Tan Duc USA respectfully asks this Honorable Court
that any extension of time granted to Jimmy Tran be also extended to Tan Duc
USA for purpose of amending Appellant brief if desired.
PRAYER
WHEREFORE, PREMISES CONSIDERED, for all of the foregoing Tan
Duc USA respectfully asks this Honorable Court to deny Jimmy Tran’s Motion to
Extend and Bifurcate, and that Jimmy Tran not be permitted to late file either brief.
Further and alternatively, Tan Duc USA respectfully asks that if this Honorable
Court does so grant Appellee’s Motion, that any extension of time granted to
Jimmy Tran be also extended to all other appellate parties for filing brief,
responses, or amendments as applicable.
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Respectfully Submitted By:
By: _____s/Keryl L. Douglas________
Attorney for Appellant
Tan Duc USA
The Law Office of Keryl L. Douglas
Texas Bar #24060880
5804 Bayou Bend Court
Houston, Texas 77004
713-819-9945 phone 713-589-6823 fax
kerylldouglas@gmail.com
Certificate of Service
As required by Texas Rule of Appellate Procedure, I hereby certify that I
have served this document on all other parties which are listed below by e-file and
email on September 25, 2015 as follows:
Jimmy Tran, Appellee
Matthew Muller, Attorney for Appellee
Texas Bar No. 14648450
1445 N. Loop West, Suite 760
Houston, Texas 77007
Tel. 713-227-1888 Fax 713-227-1881
mmuller@texas.net
Maya Dang, Appellant
Alan B. Daughtry, Counsel for Appellant
Texas Bar No. 00793583
3355 West Alabama, Suite 444
Houston, Texas 77098
Tel. 281-300-5202 Fax 281-404-4478
alan@alandaughtrylaw.com
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