ACCEPTED
01-14-01025-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
7/10/2015 4:33:53 PM
CHRISTOPHER PRINE
CLERK
01-14-01025-CV FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
In the
7/10/2015 4:33:53 PM
First Court of Appeals CHRISTOPHER A. PRINE
Clerk
SITTING AT HOUSTON
ALI LAHIJANI and MEGA SHIPPING, LLC,
Appellants,
v.
MELIFERA PARTNERS, LLC, MW REALTY GROUP, and
MELISSA WALTERS
Appellees
Appealed From the 157th District Court
Harris County, Texas
Trial Court Cause No. 2014-60091
APPELLANTS’ FIRST MOTION FOR EXTENSION OF TIME TO
FILE APPELLANTS’ REPLY BRIEF
A. Introduction
1. Appellants are Ali Lahijani and Mega Shipping, LLC; appellees
are Melifera Partners, LLC, MW Realty Group, and Melissa Walters.
2. This is an accelerated interlocutory appeal from the trial court’s
December 12, 2014, order denying defendants’ motion to dismiss pursuant
to TEX. CIV. PRAC. & REM. CODE § 27.
B. Argument and Authorities
3. If a motion for extension complies with Rule 10.5(b), the Court
has authority to extend the time for a party to file a brief. TEX. R. APP. P.
38.6(d). The motion can be filed “before or after the date the brief is due.”
Id.
4. This motion complies with TEX. R. APP. P. 10.5(b).
5. To be entitled to an extension, appellants must state facts that
reasonably explain the need for an extension. TEX. R. APP. P.
10.5(b)(1)(C). A “reasonable explanation” is “any plausible statement of
circumstances” indicating the need for additional time. Cf. Hone v.
Hanafin, 104 S.W.3d 884, 886 (Tex. 2003).
6. No prior motions have been granted to extend the time to file
appellants’ reply brief.
7. Appellants’ reply brief was due on or before July 9, 2015.
8. Appellants request an additional 30 days to file their reply
brief, extending the deadline to August 8, 2015. Here is why.
Lahijani v. Melifera Partners, LLC
Appellants’ First Motion for Extension of Time to File Reply Brief
2
9. Appellants need additional time to prepare and file their reply
brief because appellants’ counsel has been engaged as lead counsel in the
following urgent, important, or unforeseeable matters with inflexible
deadlines that preempted completion of appellants’ reply brief by the due
date of July 9, 2015. Specifically—
(i) On June 18, 2015, appellants’ counsel was stricken with an
aggressive bronchitis that caused him to miss a total of 9 days
of work between June 19, 2015, and July 8, 2015. Counsel was
under the treatment of Gordon Crofoot, M.D., who prescribed a
codeine-based cough syrup as well as other medications, a non-
narcotic cough suppressant, and a course of antibiotics. The
loss of work time caused counsel to fall behind in numerous
legal matters, including this one.
(ii) On June 21, 2015, appellants’ counsel was retained to represent
defendants Jacque Passino and Lone Pine Properties, Ltd., in
Cause No. 11-CV-0697; Batson v. Maravilla Owners
Association, et al; in the 10th District Court of Galveston
County, Texas. Batson is a four-year-old case in which nine
owners of a 127-unit condominium complex sue the owners’
association, its attorney, its property manager, its insurance
agent, the individual directors, and even other owners for
claims arising from the destruction of a large part of the
complex by fire in 2009. The case is assigned to trial on July
13, 2015.
(iii) On July 6, 2015, appellants’ counsel attended the final pretrial
conference in Cause No. 11-CV-0697; Batson v. Maravilla
Owners Association, et al; in the 10th District Court of
Galveston County, Texas.
(iv) On July 7, 2015, appellants’ counsel attended the court-ordered
mediation of Cause No. 11-CV-0697; Batson v. Maravilla
Owners Association, et al; in the 10th District Court of
Galveston County, Texas. The case did not settle.
Lahijani v. Melifera Partners, LLC
Appellants’ First Motion for Extension of Time to File Reply Brief
3
(v) From July 7, 2015, to the date of the filing of this motion,
appellants’ counsel has been preparing for trial beginning on
July 13, 2015, in Cause No. 11-CV-0697; Batson v. Maravilla
Owners Association, et al; in the 10th District Court of
Galveston County, Texas.
(vi) On July 9, 2015, appellants’ counsel interviewed candidates for
associate counsel to file a petition for writ of certiorari in the
U.S. Supreme Court on behalf of petitioner in Husky
International Electronics, Inc. v. Ritz (In re Ritz); 787 F.3d
312, 2015 WL 3372812; (5th Cir. 2015). Jones Day was
retained on July 10, 2015. The petition is due for filing on
August 20, 2015.
(vii) Appellants’ counsel is also lead counsel for appellants in a
pending appeal under Cause No. 04-14-00899-CV; Vasquez v.
Legend Natural Gas, LLC; In the San Antonio Court of
Appeals; in which appellants’ reply brief was due on July 10,
2015, and is—for the reasons stated above—incomplete. (A
motion for extension of time to file appellants’ reply brief in
Vasquez was filed in the San Antonio Court of Appeals
contemporaneously with this motion.)
13. For these reasons, appellants’ counsel was unable to complete
appellants’ reply brief in the instant cause or file a motion for extension of
time before the July 9, 2015, deadline.
C. Prayer
14. For these reasons, appellants ask the Court to extend the time
for filing appellants’ reply brief for 30 days from July 9, 2015, until August
8, 2015. Appellants pray the Court for such other and further relief, at law
or in equity, as to which they shall show themselves justly entitled.
Lahijani v. Melifera Partners, LLC
Appellants’ First Motion for Extension of Time to File Reply Brief
4
Respectfully submitted,
By: /s/ Jeffrey L. Dorrell .
Jeffrey L. Dorrell
State Bar No. 00787386
jdorrell@hanszenlaporte.com
11767 Katy Freeway, Suite 850
Houston, Texas 77079
Telephone: 713-522-9444
FAX: 713-524-2580
ATTORNEYS FOR APPELLANTS
Lahijani v. Melifera Partners, LLC
Appellants’ First Motion for Extension of Time to File Reply Brief
5
CERTIFICATE OF CONFERENCE
I hereby certify that on July 9 and 10, 2015, pursuant TEX. R. APP. P.
10.1(a)(5), my office notified appellees’ attorney U. Lawrence Boze’ by
telephone and e-mail of their intent to file this motion for extension of time
to file appellants’ reply brief. Appellees’ counsel responded as indicated:
.. X Advised that appellees were OPPOSED
.. Advised that appellees were NOT Opposed
.. Did not respond
/s/ Jeffrey L. Dorrell
JEFFREY L. DORRELL
Lahijani v. Melifera Partners, LLC
Appellants’ First Motion for Extension of Time to File Reply Brief
6
CERTIFICATE OF SERVICE
I hereby certify that on 7-10 , 2015, a true and correct copy of the
foregoing was sent by:
Hand delivery
Certified mail
Telephonic document transfer
X E-service in accordance with TEX. R. APP. P. 9.5(b)
in accordance with TEX. R. APP. P. 9.5(c) to the following counsel of record:
U. Lawrence Boze’
U. Lawrence Boze’ & Associates, P.C.
2212 Blodgett
Houston, Texas 77004
713-520-0260
FAX: 713-520-6194
COUNSEL FOR APPELLEES MELIFERA PARTNERS, LLC,
MW REALTY GROUP, AND MELISSA WALTERS
/s/ Jeffrey L. Dorrell
JEFFREY L. DORRELL
Lahijani v. Melifera Partners, LLC
Appellants’ First Motion for Extension of Time to File Reply Brief
7