ACCEPTED
01-14-00906-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
10/12/2015 5:23:40 PM
CHRISTOPHER PRINE
CLERK
No. 01-14-00906-CV
FILED IN
IN THE 1st COURT OF APPEALS
FIRST COURT OF APPEALS HOUSTON, TEXAS
HOUSTON, TEXAS 10/12/2015 5:23:40 PM
CHRISTOPHER A. PRINE
Clerk
JOHN MOORE SERVICES, INC. AND
JOHN MOORE RENOVATION, LLC,
Appellants,
v.
THE BETTER BUSINESS BUREAU OF
METROPOLITAN HOUSTON, INC.,
Appellee.
APPELLEE’S RESPONSE TO APPELLANTS’
MOTION FOR EXTENSION OF TIME TO
COMPLETE MEDIATION
AND
REPLY IN SUPPORT OF APPELLEE’S 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 Appellee
TO THE HONORABLE FIRST COURT OF APPEALS:
Appellee The Better Business Bureau of Metropolitan Houston, Inc. (the
“Houston BBB”) files this response to Appellants’ Motion for Extension of Time
to Complete Mediation and reply in support of Appellee’s motion to vacate the
April 1, 2015 Memorandum Order of Referral to Mediation and related orders and
would respectfully show the Court as follows:
After the Houston BBB filed its Motion to Vacate Memorandum Order of
Referral to Mediation and Related Orders (“Motion to Vacate”), Appellants 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 opposes
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
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
2
any additional delay would only compound those circumstances.1 The Houston
BBB simply seeks to have this appeal decided so this litigation can proceed to a
conclusion.
For these reasons, the Houston BBB respectfully requests that Appellants’
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. It only argues, wrongly, that another
extension “would not create any further prejudice for the Houston BBB.” Appellants’
Response at 2.
3
Respectfully submitted,
PORTER HEDGES LLP
By: /s/ Lauren B. 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 Appellee The Better
Business Bureau of Metropolitan
Houston, Inc.
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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 Appellants John
Moore Services, Inc. and John
Moore Renovation, LLC
/s/ Lauren B. Harris
Lauren B. Harris
5127349v1
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