Glenn Beckendorff, in His Official Capacity as Waller County Judge, Frank Pokluda, in His Official Capacity as Waller County Precinct Two Commissioner, and Stan Kitzman, in His Official Capacity as Waller County Precinct Four Commissioner v. City of Hempstead, Texas, Citizens Against the Landfill in Hempstead, Pintail Landfill, LLC, and Waller County, Texas

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ACCEPTED 01-15-00523-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 6/15/2015 11:41:11 AM CHRISTOPHER PRINE CLERK NO. 01-15-00523-CV In the Court of Appeals FILED IN 1st COURT OF APPEALS For the First District of Texas HOUSTON, TEXAS 6/15/2015 11:41:11 AM at Houston, Texas CHRISTOPHER A. PRINE Clerk GLENN BECKENDORFF, IN HIS OFFICIAL CAPACITY AS WALLER COUNTY JUDGE, FRANK POKLUDA, IN HIS OFFICIAL CAPACITY AS WALLER COUNTY PRECINCT TWO COMMISSIONER, and STAN KITZMAN, Appellants v. CITY OF HEMPSTEAD, TEXAS and CITIZENS AGAINST THE LANDFILL IN HEMPSTEAD and PINTAIL LANDFILL, INC., Appellees On Appeal from the 506th Judicial District Court of Waller County, Texas Trial Court Cause No. 13-03-21872 MOTION FOR EXTENSION OF TIME TO RESPOND TO MOTIONS TO THE HONORABLE JUDGE OF SAID COURT: NOW COME Appellants, Glenn Beckendorff, in his official capacity as Waller County Judge, Frank Pokluda, in his official capacity as Waller County Precinct Two Commissioner, and Stan Kitzman, and move the Court for an extension of time to file their Response to Appellee’s Motion to Show Authority, Motion for Damages Under Texas Rule of Appellate Procedure, and Motion to Dismiss (hereafter referred to as “Motions”), and shows the Court as follows: The deadline to respond to the Motions is approximately June 15, 2015. Counsel for Appellants, David Carp, was not involved in the underlying trial and cannot respond to the Motions without first reviewing the Clerk’s record, which has not been fully filed at this time. (See attached Affidavit of David Carp). WHEREFORE, Appellants respectfully request an extension to respond to the Motions until 30 days after the date the Clerk’s record is filed with the Court so that counsel may have adequate time to review the record and file appropriate responses to the Motions. Dated: June 15, 2015 Respectfully submitted, By: /s/ David A. Carp David A. Carp TBN: 03836500 Herzog & Carp 427 Mason Park Boulevard Katy, Texas 77450 713.781.7500 Phone 713.781.4797 Fax dcarp@hcmlegal.com Attorneys for Appellants Page 2 of 3 CERTIFICATE OF SERVICE I hereby certify that on June 15, 2015 a true and correct copy of the foregoing Motion for Extension to Respond to Motions, was delivered via e- service to the following: James P. Allison Brent W. Ryan, Esq. J. Eric Magee McElroy, Sullivan & Miller, LLP Allison, Bass & Magee, LLP P.O. Box 12127 A. O. Watson House Austin, TX 78711 th 402 W. 12 Street Attorneys for Pintail Landfill, LLC Austin, Texas 78701 Attorneys for Waller County, Texas and Waller County Commissioners Court Terry L. Scarborough Eric Farrar, Esq. Michael L. Woodward Olson & Olson, LLP V. Blayre Pena Wortham Tower, Suite 600 Hance Scarborough, LLP 2727 Allen Parkway 400 W 15th #950 Houston, Texas 77019 Austin, Texas 78701 Attorneys for City of Hempstead Carol A. Chaney Law Office of Carol A. Chaney 820 13th Street P.O. Box 966 Hempstead, Texas 77445 Attorneys for Citizens Against the Landfill in Hempstead /s/ David A. Carp David A. Carp Page 3 of 3