the Better Business Bureau of Metropolitan Houston, Inc., the Better Business Bureau of Metropolitan Houston Education Foundation, Dan Parsons, Chris Church, Church Enterprises, Inc., Gary Milleson, Ronald N. McMillan, D' Artagnan Bebel, Mark Goldie, Cha v. John Moore Services, Inc. and John Moore Renovation, LLC

ACCEPTED
01-14-00687-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
10/12/2015 5:27:06 PM
CHRISTOPHER PRINE
CLERK

No. 01-14-00687-CV

FILED IN
IN THE 1st COURT OF APPEALS
FIRST COURT OF APPEALS HOUSTON, TEXAS
HOUSTON, TEXAS 10/12/2015 5:27:06 PM
CHRISTOPHER A. PRINE
Clerk

THE BETTER BUSINESS BUREAU OF METROPOLITAN HOUSTON,
INC., THE BETTER BUSINESS BUREAU OF METROPOLITAN
HOUSTON EDUCATION FOUNDATION, DAN PARSONS, CHRIS
CHURCH, CHURCH ENTERPRISES, INC., GARY MILLESON,
RONALD N. MCMILLAN, D’ARTAGNAN BEBEL, MARK GOLDIE,
CHARLIE HOLLIS, AND STEVEN LUFBURROW,
Appellants,
v.
JOHN MOORE SERVICES, INC. AND
JOHN MOORE RENOVATION, LLC,
Appellees.
APPELLANTS’ RESPONSE TO APPELLEES’ MOTION FOR
EXTENSION OF TIME TO COMPLETE MEDIATION
AND
REPLY IN SUPPORT OF APPELLANTS’ MOTION TO VACATE
MEMORANDUM ORDER OF REFERRAL TO MEDIATION AND
RELATED ORDERS

Lauren B. Harris
Texas Bar No. 02009470
lharris@porterhedges.com
Jeffrey R. Elkin
Susan K. Hellinger
M. Harris Stamey
PORTER HEDGES LLP
1000 Main Street, 36th Floor
Houston, Texas 77002
Telephone: (713) 226-6624
Facsimile: (713) 226-6224
Attorneys for Appellants
TO THE HONORABLE FIRST COURT OF APPEALS:

Appellants The Better Business Bureau of Metropolitan Houston, Inc. (the

“Houston BBB”), The Better Business Bureau of Metropolitan Houston Education

Foundation, Dan Parsons, Chris Church, Church Enterprises, Inc., Gary Milleson,

Ronald N. McMillan, D’Artagnan Bebel, Mark Goldie, Charlie Hollis, and Steven

Lufburrow (collectively, the “Houston BBB Defendants”) file this response to

Appellees’ Motion for Extension of Time to Complete Mediation and reply in

support of Appellants’ motion to vacate the Memorandum Order of Referral to

Mediation and related orders and would respectfully show the Court as follows:

After the Houston BBB Defendants filed their Motion to Vacate

Memorandum Order of Referral to Mediation and Related Orders (“Motion to

Vacate”), Appellees John Moore Services, Inc. and John Moore Renovation, LLC

(collectively, “John Moore”) filed an opposition to that motion and, in a separate

filing, requested another extension of the mediation deadline based on the illness of

John Moore’s counsel. For the reasons stated in the Motion to Vacate, the Houston

BBB Defendants oppose John Moore’s request for another extension of the

mediation deadline.

This is an accelerated, interlocutory appeal based on the Texas Citizens’

Participation Act, a statute that is intended, among other things, to affect a prompt

resolution of certain claims. Yet, this serial litigation has been ongoing for years

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and this appeal has been effectively abated for six months. The prior delays have

thwarted the Legislature’s intent and prejudiced the Houston BBB Defendants, and

any additional delay would only compound those circumstances.1 The Houston

BBB Defendants simply seek to have this appeal decided so this litigation can

proceed to a conclusion.

For these reasons, the Houston BBB Defendants respectfully request that

Appellees’ Motion for Extension of Time to Complete Mediation be denied in its

entirety and that the Court vacate its April 1, 2015 Memorandum Order of Referral

to Mediation and the related orders extending the mediation deadlines.

Dated: October 12, 2015.

1
Notably, John Moore does not dispute that the prior extensions of the mediation
deadline have prejudiced the Houston BBB Defendants. It only argues, wrongly, that
another extension “would not create any further prejudice for Appellants.” Appellees’
Response at 2.

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Respectfully submitted,

PORTER HEDGES LLP

By: /s/ Lauren Beck Harris
Lauren B. Harris
Texas Bar No. 02009470
lharris@porterhedges.com
Jeffrey R. Elkin
Texas Bar No. 06522180
Susan K. Hellinger
Texas Bar No. 00787855
M. Harris Stamey
Texas Bar No. 24060650
1000 Main Street, 36th Floor
Houston, Texas 77002
Telephone: (713) 226-6624
Facsimile: (713) 226-6224

ATTORNEYS FOR APPELLANTS
THE BETTER BUSINESS BUREAU OF
METROPOLITAN HOUSTON, INC.,
THE BETTER BUSINESS BUREAU OF
METROPOLITAN HOUSTON
EDUCATION FOUNDATION, DAN
PARSONS, CHRIS CHURCH,
CHURCH ENTERPRISES, INC., GARY
MILLESON, RONALD N.
MCMILLAN, D’ARTAGNAN BEBEL,
MARK GOLDIE, CHARLIE HOLLIS,
AND STEVEN LUFBURROW

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 CERTIFICATE OF SERVICE

Pursuant to Rules 6.3 and 9.5(b), (d), and (e) of the Texas Rules of Appellate
Procedure, this is to certify that on this 12th day of October 2015, a true and
correct copy of the foregoing was served on the following counsel of record by
U.S. first class mail and by electronic delivery as follows:

Lori Hood
Bobbie L. Stratton
Baker Donelson Bearman Caldwell & Berkowitz, P.C.
1301 McKinney Street, Suite 3700
Houston, TX 77010
(713) 650-9700
(713) 650-9701

Attorneys for Appellees John
Moore Services, Inc. and John
Moore Renovation, LLC

/s/ Lauren B. Harris
Lauren B. Harris

5122501v3

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