Kimberly R. Redo v. Katherine Moore

ACCEPTED
14-14-00922-CV
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
9/22/2015 4:57:46 PM
CHRISTOPHER PRINE
CLERK

NO. 14-14-00922-CV

FILED IN
14th COURT OF APPEALS
IN THE COURT OF APPEALS HOUSTON, TEXAS
9/22/2015 4:57:46 PM
FOR THE FOURTEENTH DISTRICT OF TEXAS
CHRISTOPHER A. PRINE
Clerk

AT HOUSTON

KIMBERLY R. REDO,

Appellant,

v.

KATHERINE MOORE,

Appellee.

APPELLEE’S THIRD UNOPPOSED MOTION
TO EXTEND TIME TO FILE BRIEF AND FIRST UNOPPOSED MOTION
TO RESET ORAL ARGUMENT

TO THE HONORABLE COURT OF APPEALS:

Appellee, Katherine Moore files this motion under Texas Rules of Appellate

Procedure 10.5(b) and 10.5(c) and respectfully requests: (1) a 30-day extension of

time, until October 30, 2015, to file her appellee’s brief, and (2) that oral argument

be postponed for at least 30 days.
 I.

This is an appeal from a Final Judgment signed on September 22, 2014, by

the Honorable Debra Ibarra Mayfield, in the County Court at Law Number 1 of

Harris County, Texas in cause number 1029105. Appellant filed a notice of appeal

on November 13, 2014. A complete record was filed on March 18, 2015.

Appellant filed her brief on July 1, 2015.

II.

Appellee’s brief is currently due on September 30, 2015. Poorav Rohatgi,

who is about to complete his first year as a practicing attorney, recently substituted

as Counsel for Appellee on September 3, 2015 and has not had an opportunity to

review the record thoroughly or evaluate applicable arguments and case law

sufficiently. Further, recently substituted Counsel for Appellee has been

substantially involved in the following matters, among others, throughout the

month of September necessitating the filing of this motion:

1. Alta Mesa v. ReOil, et al.; Counsel prepared and filed a Motion for
Continuance on September 3, 2015.

2. Quintanilla v. Regency, et al.; Counsel drafted and served objections
to a Third-Party Subpoena Duces Tecum on September 4, 2015.
Counsel also drafted and filed a Non-Party Motion to Quash a Notice
to Appear on September 15, 2015.

3. Roger Christ v. Habitat for Humanity, et al.; Counsel prepared for and
aided a colleague during the September 14, 2015 deposition of the
plaintiff.

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 4. Academy, Ltd. v. Wipro, et al.; Counsel drafted objections to
substantive interrogatories in anticipation of September 25, 2015
deadline. Counsel also has been reviewing responsive documents and
supervising a third-party’s substantial review of tens of thousands of
documents for production in discovery in anticipation of October 9,
2015 deadline.

Counsel also has volunteered as a City of Houston Municipal Prosecutor one

to two days a week for the entire month of September.

Accordingly, Appellee respectfully requests a 30-day extension, or until

October 30, 2015, in which to file her brief. This is Appellee’s third request for an

extension of time. This motion is not filed for the purpose of delay.

III.

The Court has set oral argument in this appeal for Tuesday, October 27,

2015 at 1:30 pm. However, for the reasons explained above, more time is needed

to complete the briefing in this case. Appellee’s substituted counsel has been

involved in this case for less than one month and has not yet had an opportunity to

finish reading the record and draft the Appellee’s brief.

Accordingly, Appellee respectfully requests that the Court postpone oral

argument for at least 30 days. This is Appellee’s first request to reset oral

argument. This motion is not filed for the purpose of delay.

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 PRAYER

For these reasons, appellee Katherine Moore respectfully requests that the

Court grant these requests, extend the time for filing her brief to October 30, 2015,

and postpone oral argument for at least 30 days.

Respectfully submitted,

HAYNES AND BOONE, LLP

/s/ Poorav Rohatgi
Poorav K. Rohatgi
State Bar No. 24093063
1221 McKinney, Suite 2100
Houston, Texas 77010-2007
Telephone: (713) 547-2000
Telecopier: (713) 547-2600
Poorav.Rohatgi@haynesboone.com

ATTORNEY FOR APPELLEE
KATHERINE MOORE

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 CERTIFICATE OF CONFERENCE

In accordance with Rule 10.1(a)(5) of the Texas Rules of Appellate
Procedure, I certify that I conferred with Mr. William F. Harmeyer, counsel for
Appellant, who stated that he is unopposed to the relief requested.

/s/ Poorav Rohatgi
Poorav K. Rohatgi

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 CERTIFICATE OF SERVICE

In accordance with the Texas Rules of Appellate Procedure, I certify that a
true and correct copy of the Appellee’s Third Unopposed Motion to Extend Time to
File Brief and First Request to Reset Oral Argument has been served on the
following counsel of record via e-service on this 22nd day of September, 2015:

Counsel for Kimberly R. Redo:

William F. Harmeyer
WILLIAM F. HARMEYER & ASSOCIATES, P.C.
Suite 475 Arena Tower One
7322 Southwest Freeway
Houston, Texas 77074

/s/ Poorav Rohatgi
Poorav K. Rohatgi

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