ACCEPTED
01-15-00495-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
6/22/2015 4:28:22 PM
CHRISTOPHER PRINE
CLERK
No. 01-15-00495-CV
_______________________________________________
FILED IN
1st COURT OF APPEALS
In the Court of Appeals for the HOUSTON, TEXAS
First District of Texas at Houston 6/22/2015 4:28:22 PM
_______________________________________________
CHRISTOPHER A. PRINE
Clerk
IN RE KIMBERLEY TRIMMER-DAVIS,
Relator
_______________________________________________
Original Proceeding from the 295th Judicial District Court
Harris County, Texas
Trial Court Case No. 2010-11410
The Honorable Caroline J. Baker
______________________________________________________________
Unopposed Motion for Extension of Time
to File Response to Petition for Writ of Mandamus
______________________________________________________________
To The Honorable First Court of Appeals:
The City of Houston moves for a seven-day extension of time through
July 1, 2015, to file its response to petition for writ of mandamus and would
respectfully show as follows:
1. Relator filed her Petition for Writ of Mandamus on June 1, 2015.
2. By Order dated June 4, 2015, the Court requested a response within 20
days, or June 24, 2015.
3. No previous extensions have been granted for this motion.
4. The undersigned has a busy appellate practice, including related trial
court motions and hearings, with the City. Among other briefs the
undersigned has been working on during this briefing period are:
a. City of Houston’s Response to Plaintiff’s Motion to Exclude
Expert Testimony in Lopez v. City of Houston, No. 2014-29969 in
the 190th District Court of Harris County, filed June 19, 2015;
b. Preparing for and participating in hearing on above motion to
exclude, on June 22, 2015; and
c. City of Houston’s Reply Brief on the Merits in Houston Belt &
Terminal Railway Co. et al. v. City of Houston, et al., No. 14-0459 in
the Supreme Court of Texas, due June 26, 2015.
5. Relator is not opposed to this motion.
6. This motion is not for delay only but so that justice may be done.
For these reasons, Real Party in Interest asks that this Court grant it a
seven-day extension of time to file its response, and grant any other relief to
which it is entitled.
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Respectfully submitted,
DONNA L. EDMUNDSON
City Attorney
DONALD J. FLEMING
Chief, Labor, Employment & Civil
Rights Section
By: /s/ Robert W. Higgason
Robert W. Higgason
Senior Assistant City Attorney
State Bar No. 09590800
CITY OF HOUSTON LEGAL
DEPARTMENT
900 Bagby, 3rd Floor
Houston, Texas 77002
Telephone: 832.393.6481
Facsimile: 832.393.6259
robert.higgason@houstontx.gov
Attorneys for Real Party in Interest City of
Houston
Certificate of Conference
I hereby certify that I conferred with Relator’s counsel and Relator does
not oppose this motion.
/s/ Robert W. Higgason
Robert W. Higgason
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Certificate of Service
I hereby certify that on June 22, 2015, a true and correct copy of the
foregoing has been served on counsel below via e-service or U.S. Mail.
Kim K. Ogg
R. Scott Poerschke, Jr.
The Ogg Law Firm, PLLC
3215 Mercer, Suite 100
Houston, Texas 77027
kimogg@ogglawfirm.com
scott@ogglawfirm.com
Counsel for Relator
Kimberley Trimmer-Davis
The Honorable Caroline Baker
295th Judicial District Court
201 Caroline, 14th Floor
Houston, Texas 77002
Respondent
/s/ Robert W. Higgason
Robert W. Higgason
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