ACCEPTED
01-15-00440-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
11/19/2015 2:30:41 PM
CHRISTOPHER PRINE
CLERK
01-15-00440-CV
_______________ FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
IN THE 11/19/2015 2:30:41 PM
FIRST COURT OF APPEALS CHRISTOPHER A. PRINE
Clerk
_______________
IN RE ERNEST RAY KOONCE
Relator.
______________
On Petition for Writ of Mandamus from the
127th Judicial District Court
Harris County, Texas
Cause Number 2010-64752
_____________
OPPOSED MOTION FOR EXTENSION OF TIME TO FILE WELLS
FARGO, AS TRUSTEE’S RESPONSE TO SUPPLEMENTAL PETITION
FOR WRIT OF MANDAMUS
TO THE HONORABLE COURT OF APPEALS:
Respondent, Wells Fargo Bank, N.A., as Trustee Under the Pooling and
Servicing Agreement dated as of April 1, 2005, Asset Back Pass-Through
Certificates, Series 2005-WHQ (“Wells Fargo, as Trustee”), respectfully files this
motion for extension of time to file its Response to Relator Ernest Ray Koonce’s
(“Koonce”) Supplemental Petition for Writ of Mandamus (“Supplemental
Petition”).
Page 1 of 4
1. Koonce, who is pro se, filed his Supplemental Petition on September
7, 2015. Wells Fargo, as Trustee filed a motion to strike Koonce’s Supplemental
Petition on October 23, 2015, arguing the Supplemental Petition should be stricken
because numerous issues in the Supplemental Petition and documents attached to
the record were not raised or presented in the trial court. On November 3, 2015,
the Court denied Wells Fargo, as Trustee’s motion to strike and requested Wells
Fargo, as Trustee file a response to Koonce’s Supplemental Petition by November
23, 2015.
2. Wells Fargo, as Trustee seeks a short two-week extension until
December 7, 2015 in which to file their response to Koonce’s Supplemental
Petition. This is Wells Fargo, as Trustee’s first request for an extension of this
briefing deadline.
3. The following grounds provide good cause for extending the time to
file the brief. Counsel for Wells Fargo, as Trustee has been and continues to be
engaged in other litigation with imminent deadlines that will prevent them from
completing Wells Fargo, as Trustee’s response before the deadline, including, but
not limited to, the following:
Preparation and attendance at a hearing in Cause No. 9,149, Jose
Zamora and Norma Zamora, in the 49th Judicial District Court of
Zapata County, Texas. The hearing occurred on November 9, 2015.
Page 2 of 4
Preparation and attendance at multiple witness interviews in Civil
Action No. 3:13-cv-387, The Dow Chemical Co., et al v. Anglers E &
C, f/k/a Fish Engineering & Constr., Inc., et al, in the United States
District Court, Southern District of Texas, Galveston Division. The
witness interviews occurred on November 13, 2015 and November
19, 2015, and an additional interview is scheduled to occur on
November 23, 2015.
4. This motion is not filed for the purpose of delay, but to allow counsel
adequate time to prepare Wells Fargo, as Trustee’s response to Koonce’s
Supplemental Petition.
For these reasons, Wells Fargo, as Trustee respectfully requests that the
Court grant an extension of time to file Wells Fargo, as Trustee’s response to
Koonce’s Supplemental Petition until December 7, 2015.
Respectfully submitted,
By: /s/ Valerie Henderson
BOBBIE L. STRATTON
Texas State Bar No. 24051394
BRADLEY E. CHAMBERS
Texas State Bar No. 24001860
VALERIE HENDERSON
Texas State Bar No. 24078655
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BAKER, DONELSON, BEARMAN,
CALDWELL & BERKOWITZ, PC
1301 McKinney, Suite 3700
Houston, Texas 77010
Telephone: (713) 650-9700
Facsimile: (713) 650-9701
ATTORNEYS FOR RESPONDENT WELLS
FARGO BANK, N.A., AS TRUSTEE UNDER
THE POOLING AND SERVICING
AGREEMENT DATED AS OF APRIL 1,
2005, ASSET BACK PASS-THROUGH
CERTIFICATES, SERIES 2005-WHQ2
CERTIFICATE OF CONFERENCE
I, Valerie Henderson, conferred with Ernest Ray Koonce, who is pro se, on
November 19, 2015 to discuss the relief sought in this motion. Mr. Koonce stated
he is opposed to the relief sought herein.
/s/ Valerie Henderson
Valerie Henderson
CERTIFICATE OF SERVICE
I hereby certify that on November 19, 2015, a true and correct copy of the
foregoing was sent by U.S. mail, or by electronic service where allowed, as
follows:
Mr. Ernest Ray Koonce
15938 Fleetwood Oaks Drive
Houston, Texas 77079
Telephone: (832) 328-7171
rayk469@gmail.com
/s/ Valerie Henderson
Valerie Henderson
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