ACCEPTED
01-15-00715-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
9/28/2015 2:59:29 PM
CHRISTOPHER PRINE
CLERK
No. 01-15-00715-CV
FILED IN
1st COURT OF APPEALS
IN THE COURT OF APPEALS HOUSTON, TEXAS
FOR THE FIRST DISTRICT OF TEXAS 9/28/2015 2:59:29 PM
CHRISTOPHER A. PRINE
Clerk
In Re CVR Energy, Inc. and CVR Refining,
L.P., Relators
Original proceeding from the 268th Judicial District Court
Fort Bend County, Texas
Tr. Ct. No. 2015-DCV-220330
OPPOSED SECOND MOTION FOR EXTENSION OF TIME
TO FILE RESPONSE TO PETITION FOR
WRIT OF MANDAMUS
TO THE FIRST COURT OF APPEALS:
Real Parties In Interest, Donald R. Collier, Jennifer J. Collier, Dale A.
Niemeyer, and Wendy Niemeyer, file this opposed second motion for
extension of time to file their response to the petition for writ of
mandamus, and requests the Court to extend the deadline for filing the
response from September 29, 2015 until October 9, 2015. In support of this
motion Real Parties In Interest show:
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I.
This is an original proceeding wherein the Relator seeks mandamus
relief. This Court requested a response and set the date for responding on
September 29, 2015.
II.
This is Real Parties In Interest second request for an extension of
time to file its response.
III.
The response is almost complete and will be filed shortly. The
undersigned Medina was just married (last Saturday). Also, Medina and
Hootman have been in involved in the following matters that have
interfered with completion of the brief:
• No. 14-15-00618-CV; Ex parte Robert Clark Rhodes;
Fourteenth Court of Appeals – Appellant’s Brief to be filed
September 28, 2015 (Medina).
• No. 24681; KB Structures v. Jannise; 253th Judicial District,
Chambers County, Texas – jury trial from September 21 thru
23, 2015 (Hootman).
• No. 15-50618; Med RX/Systems, P.L.L.C. v. Texas
Department of State Services; United States Court of
Appeals for the Fifth Circuit, New Orleans – Appellant’s
Brief filed September 18, 2015 (Hootman).
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WHEREFORE, Real Parties In Interest, Donald R. Collier, Jennifer J.
Collier, Dale A. Niemeyer, and Wendy Niemeyer, pray that this motion be
granted and that the Court extend the time to file their response to the
petition for mandamus from to September 29, 2015 until October 9, 2015.
Respectfully submitted,
/s/Timothy A. Hootman
Timothy A. Hootman
SBN 09965450
2402 Pease St
Houston, TX 77003
713.247.9548; 713.583.9523 (f)
Email: thootman2000@yahoo.com
/s/ David M. Medina
David M. Medina , SBN 00000088
davidmedina@justicedavidmedina.com
THE MEDINA LAW FIRM
5300 Memorial Dr., Ste. 890
Houston, TX 77007
ATTORNEYS FOR REAL PARTIES IN
INTEREST, DONALD R. COLLIER, JENNIFER
J. COLLIER, DALE A. NIEMEYER, AND
WENDY NIEMEYER
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CERTIFICATE OF CONFERENCE
This is to certify that David Medina has attempted to confer with opposing
counsel regarding this motion. Opposing counsel was opposed to the first motion
and so he is probably opposed to this motion as well. Once the undersigned has
spoken with opposing counsel a supplemental certificate of conference will be
filed.
Dated: September 28, 2015.
/s/Timothy A. Hootman____________
Timothy A. Hootman
CERTIFICATE OF SERVICE
I hereby certify that, in accordance with Rule 9.5 of the Texas Rules of
Appellate Procedure, I have served the forgoing document upon the following
attorneys by electronic service:
Phillip D. Sharp
Martin, Disiere, Jefferson & Wisdom, LLP
808 Travis, 20th Fl
Houston, TX 77002
Lee M. Smithyman
Smithyman & Zakoura, Chartered
750 Commerce Plaza II
7400 West 110th Street
Overland Park, KS 66210-2362
Dated: September 28, 2015.
/s/Timothy A. Hootman____________
Timothy A. Hootman
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