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
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
Combined Opinion