the Petroleum Workers Union of the Republic of Mexico v. James Gomez, as Receiver for Arriba Limited

ACCEPTED
14-14-00807-cv
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
5/22/2015 5:55:27 PM
CHRISTOPHER PRINE
CLERK

No. 14-14-00807-CV
___________________________________________
FILED IN
14th COURT OF APPEALS
IN THE COURT OF APPEALS HOUSTON, TEXAS
FOR THE FOURTEENTH DISTRICT OF TEXAS 5/22/2015 5:55:27 PM
CHRISTOPHER A. PRINE
___________________________________________ Clerk

THE PETROLEUM WORKERS UNION OF THE REPUBLIC OF MEXICO,
APPELLANT

V.

JAMES GOMEZ, AS RECEIVER FOR ARRIBA LIMITED, AND CARLOS RYERSON,
APPELLEES

&
No. 14-14-00834-CV
___________________________________________

IN THE COURT OF APPEALS
FOR THE FOURTEENTH DISTRICT OF TEXAS
___________________________________________

CARLOS RYERSON,
APPELLANT

V.

THE PETROLEUM WORKERS UNION OF THE REPUBLIC OF MEXICO,
APPELLEES
___________________________________________

On Appeal from the 281st Judicial District Court
Harris County, Texas, the Hon. Sylvia A. Matthews presiding
Trial Court Cause No. 1985-35446-AC
___________________________________________
 SECOND AGREED MOTION TO EXTEND TIME
TO FILE BRIEFS AS APPELLANTS

TO THE HONORABLE FOURTEENTH COURT OF APPEALS:

All parties to these appeals—Appellant/Cross-Appellee The Petroleum

Workers Union of the Republic of Mexico (the “Union”); Cross-

Appellant/Appellee James Gomez, as Receiver for Arriba Limited (“Arriba”); and

Appellant/Appellee Carlos Ryerson—jointly request a 14-day extension of time to

file their respective Briefs as Appellants, and would respectfully show the Court as

follows:

All appellants’ respective opening briefs are currently due May 27, 2015.

The parties jointly request a 14-day extension of time to file their briefs, making

these briefs due Wednesday, June 10, 2015. This is the parties’ second request for

an extension of time regarding their briefs as appellants, as the Court previously

granted the parties’ agreed motion to enter a briefing schedule. At this time, the

parties are not seeking modification of the current deadlines for filing their briefs

as appellees (August 25, 2015) or reply briefs (October 9, 2015).

Counsel for the Union needs additional time to prepare and file its brief

because its counsel has been working to comply with concurrent deadlines in trial

and appellate matters, including participating in a 7-day trial in Nueces County that

concluded on May 19, 2015. Counsel for Ryerson also needs additional time

because he has been working to comply with concurrent deadlines in other matters.
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Counsel for Arriba has no objection, does not oppose, and therefore joins in this

motion to extend time. The parties also desire to keep the briefing deadlines for all

appellants consistent. In addition, both the Union and Arriba have had to request

that the district court clerk prepare and file a supplemental clerk’s record

containing documents that were originally requested but not included in the clerk’s

record. To the extent the clerk has not supplemented the record as requested, or as

may be subsequently requested, before the proposed June 10, 2015 deadline, the

parties will not object to any party filing an opening brief on June 10 with citations

to the imaged documents at the district court that were omitted from the clerk’s

record, and then filing a subsequent supplemental brief to include citations to the

supplemental clerk’s record once it has been transmitted by the clerk.

PRAYER

Appellant/Cross-Appellee The Petroleum Workers Union of the Republic of

Mexico; Cross-Appellant/Appellee James Gomez, as Receiver for Arriba Limited;

and Appellant/Appellee Carlos Ryerson respectfully request that the Court grant

this joint motion and extend the deadline for each party to file its respective brief

as appellant until Wednesday, June 10, 2015.

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 Respectfully submitted,

/s/ Michael Choyke
Paul Simon
State Bar No. 24003276
SIMON HERBERT & MCCLELLAND, LLP
3411 Richmond Ave., Ste. 400
Houston, Texas 77046
(713) 987-7100
(713) 987-7120 (fax)
psimon@shmsfirm.com
Michael Choyke
State Bar No. 00793504
WRIGHT & CLOSE, LLP
One Riverway, Suite 2200
Houston, Texas 77056
(713) 572-4321
(713) 572-4320 (fax)
choyke@wrightclose.com
ATTORNEYS FOR
THE PETROLEUM WORKERS
UNION OF THE REPUBLIC
OF MEXICO

/s/ Michael J. Perez (by permission)
Michael J. Perez
PEREZ & WILSON, LLP
750 B Street, Suite 3300
San Diego, California 92101
(619) 741-0282
(619) 460-0437 (fax)
perez@perezwilson.com

Steven Ward Williams
SMITH SOVIK KENDRIG & SUGRET, PC
250 S. Clinton Street, Suite 600
Syracuse, New York 13202
(315) 474-2911
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 (315) 474-6015 (fax)
swilliams@smithsovik.com

Brian A. Calhoun
State Bar No. 24044827
CALHOUN, BHELLA, & SECHREST, LLP
325 N. St. Paul St., Suite 2300
Dallas, Texas 75201
(214) 981-9258
(214) 981-9203 (fax)
bcalhoun@cbsattorneys.com
ATTORNEYS FOR
JAMES GOMEZ, AS RECEIVER
FOR ARRIBA LIMITED

/s/ Carlos Ryerson (by permission)
Carlos Ryerson
State Bar No. 17492500
RYERSON & ASSOCIATES, P.C.
The Kirby Mansion
2000 Smith Street
Houston, Texas 77002-8652
(713) 307-9900
(832) 383-9320 (fax)
carlos.ryerson@ryersonlaw.com

ATTORNEYS FOR
CARLOS RYERSON

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 CERTIFICATE OF CONFERENCE

I certify that I conferred by email with Jeffrey Feasby, counsel for James
Gomez, as Receiver for Arriba Limited, and with Carlos Ryerson, and they agree
with this request for an extension of time.

/s/ Michael Choyke
Michael Choyke

CERTIFICATE OF SERVICE

I certify that a true and correct copy of this motion was served on all counsel
of record electronically on May 22, 2015.

Michael J. Perez Steven Ward Williams
PEREZ & WILSON, LLP SMITH SOVIK KENDRIG & SUGRET, PC
750 B Street, Suite 3300 250 S. Clinton Street
San Diego, California 92101 Suite 600
(619) 741-0282 Syracuse, New York 13202
(619) 460-0437 (fax) (315) 474-2911
perez@perezwilson.com (315) 474-6015 (fax)
swilliams@smithsovik.com

Brian A. Calhoun Carlos Ryerson
CALHOUN, BHELLA, & SECHREST, LLP RYERSON & ASSOCIATES, P.C.
325 N. St. Paul St., Suite 2300 The Kirby Mansion
Dallas, Texas 75201 2000 Smith Street
(214) 981-9258 Houston, Texas 77002-8652
(214) 981-9203 (fax) (713) 307-9900
bcalhoun@cbsattorneys.com (832) 383-9320 (fax)
carlos.ryerson@ryersonlaw.com

/s/ Michael Choyke
Michael Choyke

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