League City v. Texas Windstorm Insurance Association

ACCEPTED 01-15-00117-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 12/22/2015 2:39:59 PM CHRISTOPHER PRINE CLERK No. 01-15-00117-CV FILED IN 1st COURT OF APPEALS In the HOUSTON, TEXAS 12/22/2015 2:39:59 PM Court of Appeals CHRISTOPHER A. PRINE Clerk for the First District of Texas LEAGUE CITY, Appellant/Cross-Appellee, v. TEXAS WINDSTORM INSURANCE ASSOCIATION, Appellees/Appellees. SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF OF APPELLANT LEAGUE CITY TO THE HONORABLE COURT OF APPEALS: Appellant, League City, under the authority of TEX. R. APP. P. 10.5(b), asks for additional time to file its reply brief as appellant. 1. The reply brief of appellant is due January 20, 2016 after the Court granted one extension request. 2. This is League City’s second request for an extension of time for filing its reply brief as appellant. 3. League City respectfully requests a 21-day extension of time for filing its reply brief as appellant. With the extension, League City’s reply brief as appellant will be due on Wednesday, January 20, 2016. 49060_1 4. An extension is necessary and warranted because counsel has been required to attend to other time-sensitive matters, including the following: a. Preparation of respondent’s brief on the merits in No. 14-0721; USAA Texas Lloyd’s Company v. Gail Menchaca; in the Supreme Court of Texas, filed November 20, 2015. b. Preparation of motion for rehearing in No. 01-14-00278-CV; John Davis d/b/a J. D. House of Style v. National Lloyds Insurance Company; in the First Court of Appeals, Houston, Texas, filed November 27, 2015. c. Preparation for hearing on motion for final decree in No. 2014-30215; In the Matter of the Marriage of Evangelina Lopez Guzman Zaragoza and Miguel Zaragoza Fuentes, et al.; in the 245th District Court, Harris County, Texas; held December 14, 2015. d. Preparation for hearing on motion for entry of judgment in No. 2013- 61098; Scott D. Martin and SKM Partnership, Ltd. v. Andrews Kurth LLP; in the 234th District Court, Harris County, Texas; held December 14, 2015. e. Preparation of response to claimant’s objections to continued service of arbitrator in Arbitration No. 01-14-0001-3289; Amy Rozell, et al. v. Richard Pohil, M.D., et al.; in the Arbitration Tribunals of the American Arbitration Association; filed December 18, 2015. f. Preparation of cross-respondent’s brief on the merits in No. 14-1028; Sun Development, L.P. v. Larry Hughes and Susan Hughes; in the Supreme Court of Texas, due December 28, 2015. g. Preparation of response to petition for review in No. 15-0642, Estate of Alfredo M. Pagayon, Deceased and Delia Pagayon, et al. v. Exxon Mobil Corporation; in the Supreme Court of Texas, due January 4, 2016. h. Preparation of petitioner’s reply brief on the merits in No. 14-1028; Sun Development, L.P. v. Larry Hughes and Susan Hughes; in the Supreme Court of Texas, due January 12, 2016. 48620_1 2 i. Preparation of brief of appellant in No. 14-15-00702-CV; Shabahram Yazdani-Beioky v. Abdee Sharifan; in the Fourteenth Court of Appeals, Houston, Texas, due January 13, 2016. j. Preparation of real-party-in-interest’s brief on the merits in No. 15- 0452; In re National Lloyds Insurance Company; in the Supreme Court of Texas, due January 27, 2015. 5. Counsel for appellant has conferred with counsel for appellee, Dale Wainwright, and TWIA is unopposed to the requested extension. 6. This request is not sought for delay, but in order that justice may be done. See TEX. R. APP. P. 10.5(b)(1)(C). PRAYER Appellant, League City, asks this Court to grant an extension of 21 days, until Wednesday, January 20, 2016, to file its reply brief as appellant. League City also prays for any other relief to which it may be entitled. 48620_1 3 Respectfully Submitted: THE MOSTYN LAW FIRM HOGAN & HOGAN Gregory F. Cox By: /s/ Jennifer Bruch Hogan State Bar No. 00793561 Jennifer Bruch Hogan gfcox@mostynlaw.com State Bar No. 03239100 6280 Delaware Street jhogan@hoganfirm.com Beaumont, Texas 77706 Richard P. Hogan, Jr. 409.832.2777–telephone State Bar No. 09802010 409.832.2703–facsimile rhogan@hoganfirm.com James C. Marrow THE MOSTYN LAW FIRM State Bar No. 24013103 jmarrow@hoganfirm.com Rene M. Sigman Pennzoil Place State Bar No. 24037492 711 Louisiana, Suite 500 rmsigman@mostynlaw.com Houston, Texas 77002-2721 3810 W. Alabama 713.222.8800–telephone Houston, Texas 77027 713.222.8810–facsimile 713.861.6616–telephone 713.861.8084–facsimile Attorneys for Appellant 48620_1 4 CERTIFICATE OF CONFERENCE Counsel for appellant has conferred with counsel for appellee, Dale Wainwright, and TWIA is unopposed to the motion for extension of time to file League City’s reply brief as appellant. /s/ Jennifer Bruch Hogan Jennifer Bruch Hogan Dated: December 22, 2015 48620_1 5 CERTIFICATE OF SERVICE I certify that a true and correct copy of the above and foregoing was forwarded to all counsel of record by the Electronic Filing Service Provider, if registered; a true and correct copy of this document was forwarded to all counsel of record not registered with an Electronic Filing Service Provider and to all other parties as follows: Counsel for Texas Windstorm Insurance Association: Dale Wainwright BRACEWELL & GIULIANI LLP 111 Congress Avenue Suite 2300 Austin, Texas 78701-4061 Via TexFile Andrew T. McKinney IV LITCHFIELD CAVO LLP One Riverway, Suite 1000 Houston, Texas 77056 Via TexFile James R. Old, Jr. JAY OLD & ASSOCIATES, PLLC 3560 Delaware, Suite 308 Beaumont, Texas 77706 Via TexFile /s/ Jennifer Bruch Hogan Jennifer Bruch Hogan Dated: December 22, 2015 48620_1 6