ACCEPTED
01-15-00544-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
10/15/2015 10:00:18 AM
CHRISTOPHER PRINE
CLERK
No. 01-15-00544-CV
FILED IN
In the First Court of Appeals 1st COURT OF APPEALS
HOUSTON, TEXAS
Houston, Texas 10/15/2015 10:00:18 AM
CHRISTOPHER A. PRINE
Clerk
TERRY NEFF AND IRON WORKERS MID-SOUTH PENSION FUND, DERIVATIVELY ON
BEHALF OF WEATHERFORD INTERNATIONAL LTD.,
Appellants,
v.
NICHOLAS F. BRADY, DAVID J. BUTTERS, WILLIAM E. MACAULAY, ROBERT B.
MILLARD, ROBERT K. MOSES, JR., ROBERT A RAYNE, BERNARD J. DUROC-DANNER
AND BRUCE M. MARTIN,
Appellees,
Appeal from the 270th Judicial District Court, Harris County, Texas
APPELLANTS’ UNOPPOSED MOTION FOR EXTENSION OF TIME
Joe Kendall George C. Aguilar
SBN 11260700 CA SBN 126535
Jamie J. McKey ROBBINS ARROYO LLP
SBN 24045262 600 B Street, Suite 1900
KENDALL LAW GROUP, LLP San Diego, CA 92101
3232 McKinney Avenue, Suite 700 gaguilar@robbinsarroyo.com
Dallas, TX 75204 T: (619) 525-3990/ F: (619) 525-3991
jkendall@kendalllawgroup.com
jmckey@kendalllawgroup.com
T: (214) 744-3000/ F: (214) 744-3015
ATTORNEYS FOR APPELLANTS
Pursuant to Rule 10.5(b) of the Texas Rules of Appellate Procedure, Appellants
Terry Neff and Iron Workers Mid-South Pension Fund (“Appellants”) respectfully
request a thirty-day extension of the deadline to file their brief, up to and including
November 20, 2015. In support thereof, Appellants would show as follows:
I. FACTS
1. Appellants filed their notice of appeal on June 15, 2015, and submitted
their Request for the Preparation and Filing of the Clerk’s Record the next day. Item
32 of the Request sought “Plaintiffs’ Supplemental Brief in Opposition to the Non-
Resident Director Defendants’ Special Appearance and all exhibits attached thereto,
filed in camera on May 1, 2015.”
2. On July 7, 2015, nominal defendant Weatherford International Ltd.
(“Weatherford”) submitted its Request for Additional Items in the Clerk’s Record.
Item 1 of Weatherford’s Request sought “Plaintiff Ken Hess’s Shareholder Derivative
Petition, filed June 30, 2010” (the “Hess Petition”). Item 3 of Weatherford’s Request
sought “Plaintiff Mona Rosner’s Shareholder Derivative Petition, filed July 30, 2010”
(the “Rosner Petition”).
3. The Clerk’s Record was filed on August 21, 2015.
4. Upon review of the Clerk’s Record and the docket for this appeal, it
appeared that the briefing and exhibits submitted to the trial court for in camera
review, which Appellants requested in Item 32 of the Request, had not been
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transmitted or otherwise provided to this Court as part of the record on appeal. In
addition, the Hess and Rosner Petitions requested by Weatherford were also not
included in the Clerk’s Record.
5. In order to ensure that the Court has the full and complete record before
it, Appellants have been working with the trial court clerk to supplement the record.
On September 10, 2015, Appellants and Weatherford submitted a Joint Request for
Supplemental Clerk’s Record (“Joint Request to Supplement”) requesting that the
record be supplemented with the above-identified documents in accordance with
Texas Rule of Appellate Procedure 35.5(c).
6. The same day, in order to provide sufficient time to ensure the
completeness of the record and prepare their brief citing thereto, the parties filed an
agreed motion requesting that:
(a) Appellants’ deadline to file their brief be extended by thirty days,
up to and including October 21, 2015; and
(b) Appellees’ deadline to file their brief be extended thirty days, up
to and including December 21, 2015.
7. The agreed motion was granted by this Court on September 11, 2015.
On multiple occasions between September 10 and September 28, 2015, counsel for
Appellants made numerous phone calls to the trial court clerk and the Harris County
District Clerk record department regarding the parties’ Joint Request to Supplement.
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Ultimately, the trial clerk requested that Appellants obtain an order from the trial court
judge allowing the clerk’s office to image the briefing and exhibits submitted to the
trial court for in camera review and then forward the documents to this Court under
seal.
8. After conferring with Defendants as required by the Texas Rules of Civil
Procedure, on October 6, 2015, Appellants filed an Agreed Motion to Image In
Camera Document and Forward to the First Court of Appeals Under Seal (“Motion to
Image”), seeking the order requested by the trial court clerk’s office.
9. As of the date of this filing, the Motion to Image has not yet been ruled
on. Consequently, the record in this appeal remains incomplete.
10. In light of the foregoing, Appellants request that the deadline for filing
their brief be extended thirty days, thereby making Appellants’ brief due by
November 20, 2015, and Appellees’ brief due by January 20, 2015.
11. As noted above, this is Appellants’ second request for an extension.
12. Counsel for Appellants have conferred with counsel for Appellees
regarding this motion and the relief request herein. Appellees do not oppose the
requested extension.
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II. PRAYER
For these reasons, Appellants respectfully request that the Court grant this
motion and extend the deadline for their brief by 30 days, making Appellants’ brief
due by November 20, 2015, and Appellees’ brief due by January 20, 2015.
Dated: October 15, 2015 Respectfully submitted,
KENDALL LAW GROUP, LLP
/s/ Joe Kendall
Joe Kendall (State Bar No. 11260700)
Jamie J. McKey (State Bar No. 24045262)
3232 McKinney Avenue, Suite 700
Dallas, TX 75204
Telephone: (214) 744-3000
Facsimile: (214) 744-3015
jkendall@kendalllawgroup.com
jmckey@kendalllawgroup.com
ROBBINS ARROYO LLP
George C. Aguilar (admitted pro hac vice)
CA SBN 126535
600 B Street, Suite 1900
San Diego, CA 92101
Telephone: (619) 525-3990
Facsimile: (619) 525-3991
gaguilar@robbinsarroyo.com
ROBBINS GELLER RUDMAN
& DOWD LLP
Travis E. Downs III
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Benny C. Goodman III
Erik W. Luedeke
655 West Broadway, Suite 1900
San Diego, CA 92101
travisd@rgrdlaw.com
bennyg@rgrdlaw.com
eluedeke@rgrdlaw.com
Attorneys for Appellants
CERTIFICATE OF CONFERENCE
As required by Texas Rule of Appellate Procedure 10.1(a)(5), I hereby certify
that counsel for Appellants conferred with counsel for Appellees regarding
Appellants’ Motion for Extension of Time to File Appellants’ Brief. Counsel for
Appellees stated that Appellees do not oppose the motion.
/s/ Jamie J. McKey
Jamie J. McKey
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CERTIFICATE OF SERVICE
I hereby certify that on October 15, 2015, a true and correct copy of the
foregoing motion was served on the following counsel in the manner indicated:
James A. Reeder, Jr. Rebecca N. Brandt
Jeffrey S. Johnston LATHAM & WATKINS LLP
Stacy M. Neal 811 Main Street, Suite 3700
Nicholas Shum Houston, TX 77002
Stephanie Miller rebecca.brandt@lw.com
VINSON & ELKINS LLP VIA E-FILE AND E-MAIL
1001 Fannin St., Suite 2500
Houston, TX 77002 Peter A. Wald
jreeder@velaw.com LATHAM & WATKINS LLP
jjohnston@velaw.com 505 Montgomery Street, Suite 2000
sneal@velaw.com San Francisco, CA 94111
nshum@velaw.com peter.wald@lw.com
smiller@velaw.com VIA E-FILE AND E-MAIL
VIA E-FILE AND E-MAIL
Kevin H. Metz
N. Scott Fletcher LATHAM & WATKINS LLP
Elizabeth G. Myers 555 Eleventh Street NW, Suite 1000
JONES DAY Washington, DC 20004
717 Texas, Suite 3300 kevin.metz@lw.com
Houston, TX 77002 VIA E-FILE AND E-MAIL
sfletcher@jonesday.com
egmyers@jonesday.com Noelle M. Reed
VIA E-FILE AND E-MAIL Charles W. Schwartz
SKADDEN, ARPS, SLATE,
Robert S. Bennett MEAGHER & FLOM LLP
Ellen Kennedy 1000 Louisiana Street, Suite 6800
HOGAN LOVELLS US LLP Houston, TX 77002
555 Thirteenth Street, NW noelle.reed@skadden.com
Washington, DC 20004 charles.schwartz@skadden.com
robert.bennett@hoganlovells.com VIA E-FILE AND E-MAIL
ellen.kennedy@hoganlovells.com
VIA E-FILE AND E-MAIL
/s/ Jamie J. McKey
Jamie J. McKey
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