Jackie Anderson, Patrick Cockerham, Diann Banks, Herbert Lenton, and Mable Caleb v. Terry Grier, Superintendent of the Houston Independent School District

ACCEPTED
01-15-00285-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
9/24/2015 3:50:52 PM
CHRISTOPHER PRINE
CLERK

No. 01-15-00285-CV

FILED IN
IN THE 1st COURT OF APPEALS
HOUSTON, TEXAS
9/24/2015 3:50:52 PM
FIRST COURT OF APPEALS
CHRISTOPHER A. PRINE
Clerk
HOUSTON, TEXAS

JACKIE ANDERSON, PATRICK COCKERHAM, DIANN BANKS, HERBERT
LENTON, and MABLE CALEB,

Plaintiff-Appellants

v.

TERRY GRIER, SUPERINTENDENT OF THE HOUSTON INDEPENDENT
SCHOOL DISTRICT,

Defendant-Appellee

Appeal from the 164th Judicial District of Harris County;
Trial Court Cause No. 2010-21712 (Hon. Alexandra Smoots-Hogan)

APPELLANTS’ CORRECTED OPPOSED SECOND MOTION FOR
EXTENSION OF TIME TO FILE THE APPELLANTS’ BRIEF

Laurence W. Watts
State Bar No. 20981000
P.O. Box 2214
Missouri City, Texas 77459
Tel (281) 431-1500
Fax (877) 797-4055
Email: wattstrial@gmail.com
COUNSEL FOR PLAINTIFFS-APPELLANTS
 No. 01-15-00285-CV

IN THE

FIRST COURT OF APPEALS

HOUSTON, TEXAS

JACKIE ANDERSON, PATRICK COCKERHAM, DIANN BANKS, HERBERT
LENTON, and MABLE CALEB,

Plaintiff-Appellants

v.

TERRY GRIER, SUPERINTENDENT OF THE HOUSTON INDEPENDENT
SCHOOL DISTRICT,

Defendant-Appellee

APPELLANTS’ CORRECTED OPPOSED SECOND MOTION FOR
EXTENSION OF TIME TO FILE THE APPELLANTS’ BRIEF

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

Come Now the Plaintiff-Appellants Jackie Anderson, Patrick Cockerham,

Diann Banks, Herbert Lenton, and Mable Caleb, (hereafter referred to collectively as

“Appellants”), and file this their Opposed Second Motion for Extension of Time to

File the Appellants’ Brief, and for cause would respectfully show the following:

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 I.

1. Appellants brought this suit against Defendant-Appellee, Doctor Terry

Grier, Superintendent of Houston Independent School District (hereafter referred to

as “Appellee”).

2. On February 27, 2015, the trial court signed an order granting Appellee’s

Plea to the Jurisdiction and dismissing the Appellants’ claims.

3. Appellants timely filed their Notice of Appeal to this Court on March 25,

2015.

II.

4. The original deadline for filing Appellants’ brief was August 19, 2015;

however, for a number of reasons, and due to no fault of the Appellants themselves,

the Appellants’ brief was not timely filed.

5. Appellants filed an unopposed motion for leave to file out of time and

for extension of time to file the Appellants’ brief. The Court granted the Motion and

extended the time for filing Appellants’ brief until September 25, 2015.

6. Appellants respectfully request a second extension of time by twenty-

one (21) days until October 16, 2015, to file their brief, and for exigent and necessary

reasons, to wit:

a. On September 2, 2015, Appellant’s counsel was admitted to

Methodist Hospital-Sugar Land because of a cardiac sinus rhythm

3
 relapse.

b. Appellants’ counsel was released from the hospital on September 5,

2015, and returned to full duties and responsibilities on September 7,

2015.

c. The relapse was immediately treated with a medicine requiring

“license administrator/physician” and a “licensed hospital”, pending

an atrial ablation “pre-op” scheduled for on September 25, 2015, and

procedure scheduled for October 2, 2015 (originally scheduled for

October 6, 2015).

d. As a result, Appellant’s counsel has been medically restricted from

any travel outside of Harris County (Houston) area or any activities

involving substantial stress pending these procedures. (See Exhibit

1, Letter, Dr. Gopi Shah, M.D.)

e. Then, on September 17, 2015, the spouse of Appellants’ counsel was

transported by ambulance to and admitted by Methodist Hospital

Sugar Land, Heart Center, through September 18, 2015,

accompanied by Appellants’ counsel, who has been caring for his

wife.

f. Appellants’ counsel, medically restricted from travelling outside of

Harris County (Houston), was compelled to appear electronically

4
 from his office for previously scheduled depositions in Wichita Falls,

Texas, on September 21, 22 (from 9:00 a.m. through after 5:00 p.m.),

and September 23, 2015 (from 9:00 a.m. through 4:00 p.m.).

(Amaryllis Mitchell v. Texas Department of Criminal Justice; Cause

No. 180032a; in the 30th Judicial District Court, Wichita County,

Texas.)

g. In addition, Appellants’ counsel was obtaining a temporary

restraining order (issued September 17, 2015) and preparing for the

hearing on a temporary injunction in Beaumont, Texas, on

September 23, 2015, in the matter of Ella Johnston-Leger v. City of

China; Cause No. E197561; in the 172nd Judicial District Court.

Jefferson County, Texas.1

h. Furthermore, Appellants’ counsel is simultaneously preparing

appellate briefs in two other cases that are due on September 24 and

25, 2014, and for which Appellants’ counsel will also be requesting

extensions of time due to his medical appointments, including: the

appellant’s brief to the United States Court of Appeals for the Fifth

1
Appellants’ counsel, unable to personally attend per his doctor’s orders, prepared his newly hired
associate attorney to attend the hearing, and necessarily accompanied by another attorney.
Appellants’ counsel has recently hired new attorneys and support staff who are in the process of
being trained, and this has contributed to the need for extensions of time.

5
 Circuit in Mable Caleb v. Terry Grier, et al., Case No. 15-20297 (a

ten (10) day extension will be requested); and the appellant’s brief

due to the Texas Court of Appeals for the Ninth District in Cynthia

Jackson v. Port Arthur Independent School District, et al.; No. 09-

15-00227-CV (a thirty (30) day extension will be requested).

i. Within the past two weeks, Appellants’ counsel has also prepared the

appellant’s brief to the United States Court of Appeals for the Fifth

Circuit in Eric Heilman v. Jefferson County, et al., Case No. 15-

40010, which was filed on September 13, 2015.

j. Prior to that, Appellants’ counsel was preparing the appellant’s brief

to this Court filed on August 31, 2015, with extensions of time, in

Brian Waterman v. McKinney Independent School District; Case No.

15-40458.

7. Due to the briefing and scheduling obligations of Appellants’ counsel in

other matters, his serious and unanticipated medical and personal issues, and due to

no fault of the Appellants themselves, additional time to review and adequately

prepare Appellants’ brief in this case is necessary.

III. Conference

8. On September 22, 2015, Appellants’ counsel conferred with opposing

counsel of record, Mr. John Hopkins, who stated that the Appellees are opposed to

6
this Motion.

CONCLUSION & PRAYER

9. WHEREFORE, Appellants respectfully pray that the Honorable

Court grant this Motion and a second extension of time to file the Appellants’ brief

by twenty-one (21) days, until and through October 16, 2015.

10. This Motion is not made for delay alone but that justice be done.

Respectfully submitted,

WATTS & COMPANY LAWYERS, LTD.

/s/ Larry Watts
Laurence (“Larry”) Watts
State Bar No. 20981000
P.O. Box 2214
Missouri City, Texas 77459
Tel (281) 431-1500
Fax (877) 797-4055
wattstrial@gmail.com

ATTORNEYS FOR PLAINTIFFS-APPELLANTS

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 VERIFICATION

I, Larry Watts, hereby verify that any and all facts stated herein that are not

contained in the record are true and correct based on my personal knowledge, under

penalty of perjury.

September 24, 2015 /s/ Larry Watts
Date Laurence (“Larry”) Watts

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 CERTIFICATE OF SERVICE

I hereby certify that on this 24th day of September 2015, a true and correct

copy of the foregoing document and attachments were served on opposing

counsel(s) of record by e-service, if available, and/or by facsimile transmission, to:

Arturo Michel
amichel@thompsonhorton.com
John Hopkins
jhopkins@thompsonhorton.com
Thompson & Horton LP
3200 Southwest Freeway, Suite 2000
Houston, Texas 77027

/s/ Larry Watts
Laurence (“Larry”) Watts

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 CERTIFICATE OF CONFERENCE

I, Larry Watts, hereby certify that on the 23rd day of September 2015, I

conferred with opposing counsel of record, Mr. John Hopkins, who stated that

Appellee opposes this Motion and requested extension of time to file Appellants’

brief.

/s/ Larry Watts
Laurence (“Larry”) Watts

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EXHIBIT 1
 INTERVENTIONAL CARDIOLOGY ASSOCIATEs
Albert E. Raizner, M.D.
Clement A DeFelice, M.D.
Gopi A Shah, M.D.
Michael E. Raimer, M.D.
September 10,2015
Te111 Medical Center Office
Smith Tower
6550 Fannin, Suite 2021
Houston, TX 17030
To Whom It May Concern:
From: Gopi Shah, M.D.
Methodist Sugar Land omce
Medical Office Building Two
16659 Southwest Fwy, Ste 214 Re: Larry W. Watts ures
Sugar Land, TX 77479

~~us ~iac issues~:~~tember 2015~September
. . di al history of two bypass proced
W Watts has a sigmficant me c rienced atrial flutter on
rhythm 2, 5,
Ph: (713) 790-9125
':..m
September 2, 2015 and was ~ospt_tal Sugarland. He is temponmly
20 15 at Houston Method.ist. o~ori an atrial ablation by Dr. !ahppanould req~ire
Fax: (713) 790-1801
d ' admiSSIOn~~
medication pen mg t to engage in tnlvel or acDVI
Consequently, he IS no t n area or undergo any su s
bes~tial
· 'ti wbiC W
stress for at least
him to be out of the ~ous ~edure.
5 days post pre ablation Pf

smcere~~

GopiS1t