ACCEPTED
01-14-00703-cv
FIRST COURT OF APPEALS
HOUSTON, TEXAS
2/24/2015 4:26:15 PM
CHRISTOPHER PRINE
CLERK
IN THE COURT OF APPEALS
FOR THE FIRST APPELLATE DISTRICT
FILED IN
1st COURT OF APPEALS
NO. 01-14-00703-CV HOUSTON, TEXAS
2/24/2015 4:26:15 PM
CHRISTOPHER A. PRINE
CHRISTOPH HENKEL Clerk
APPELLANT
v.
EMJO INVESTMENTS, LTD. and H.J. VON DER GOLTZ
APPELLEES
APPELLEES’ AGREED MOTION
FOR EXTENSION OF TIME TO FILE APPELLEES’ BRIEF
Appellees Emjo Investments, Ltd. and H.J. von der Goltz file this Agreed
Motion for Extension of Time to File Appellees’ Brief under the authority of
Texas Rule of Appellate Procedure 10.5(b) and would respectfully show the
following:
1. The parties to this appeal are currently engaged in settlement
discussions. In the event of a successful settlement, this appeal would be
dismissed. Accordingly, Appellees and Appellant Christoph Henkel (“Henkel”)
Henkel are in agreement with the request for extension.
2. Appellees seek the 30-day extension of the briefing deadline to allow
the parties the opportunity to attempt to resolve the litigation without further
expense by the parties and the Court.
3. This is an appeal from an order of the 215th Judicial District Court
entered October 21, 2014, denying Henkel’s Special Appearance.
4. Henkel filed his Notice of Appeal on November 10, 2014. Henkel
filed his opening brief on January 5, 2015.
5. Appellees’ brief is due to be filed on or before February 25, 2015.
6. This motion seeks an extension of time of 30 days, up to and
including March 27, 2015.
7. This is Appellees’ second request for an extension to file their brief.
Therefore, Appellees Emjo Investments, Ltd. and H.J. von der Goltz
respectfully request that the Court extend the time for them to file their brief by 30
days, up to and including March 27, 2015.
Respectfully submitted,
ELLISON & KELLER, P.C.
/s/Kelley M. Keller
By: Kelley M. Keller
State Bar No. 11198240
5120 Woodway, Suite 6019
Houston, Texas 77056
Telephone: 713-266-8200
Facsimile: 713-266-8201
kkeller@ellison-keller.com
Attorneys for Appellants
2
CERTIFICATE OF CONFERENCE
I, Kelley M. Keller, certify that on February 24, 2015, I conferred with
counsel for the Appellant regarding settlement discussions in this matter and the
briefing schedule in this appeal. Counsel for Appellant is in agreement with the
relief sought in this motion.
/s/Kelley M, Keller
Kelley M. Keller
CERTIFICATE OF SERVICE
A true and correct copy of this Appellees’ Agreed Motion for Extension of
Time to File Appellees’ Brief has been forwarded to all counsel of record on
February 24, 2015, via email and/or eservice as follows:
Asher Griffin Sean Gorman
Chris Sileo Jane Langdell Robinson
Sean Flammer Jamie Aycock
SCOTT, DOUGLASS & MCCONNICO, LLP AHMAD. ZAVITSANOS, ANAIPAKOS, ALAVI &
600 Congress Ave., Ste 1500 MENSING P.C.
Austin, Texas 78701-2589 3460 One Houston Center
Facsimile: 512-474-0731 1221 McKinney Street
agriffin@scottdoug.com Houston. Texas 77010
Facsimile: 713-658-0062
Attorneys for Defendants sgorman@azalaw.com
Chalsys Capital Partners, Meliora Energy jrobinson@azalaw.com
Technologies, S.a.r.L, and Sonia Lo jamieaycock@azalaw.com
Attorneys for Appellant Christoph Henkel
F. Eric Fryar
Matthew Buschi
Christina Richardson
FRYAR LAW FIRM, P.C.
912 Prairie, Suite 100
Houston, Texas 77002-3145
Facsimile: 281-605-1888
eric@fryarlawfirm.com
Attorneys for all Intervenors/Plaintiffs
/s/Kelley M. Keller
Kelley M. Keller
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Christoph Henkel v. Emjo Investments, Ltd. and H.J. Von Der Goltz
Combined Opinion