ACCEPTED
01-15-00354-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
11/18/2015 2:20:35 PM
CHRISTOPHER PRINE
CLERK
No. 01-15-00354-CV
IN THE COURT OF APPEALS FILED IN
1st COURT OF APPEALS
FIRST JUDICIAL DISTRICT HOUSTON, TEXAS
STATE OF TEXAS 11/18/2015 2:20:35 PM
CHRISTOPHER A. PRINE
Clerk
Harris County, Texas,
and
The State of Texas, acting by and through the Texas
Commission on Environmental Quality, a necessary and
indispensable party,
Appellants/Cross-Appellees,
v.
International Paper Company,
Appellee/Cross-Appellant.
ON APPEAL FROM HARRIS COUNTY, TEXAS
THE 295TH DISTRICT COURT
NO. 2011-76724
UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLEE AND
CROSS-APPELLANT BRIEF
Winstol D. Carter, Jr. Allyson N. Ho
Texas Bar No. 03932950 Texas Bar No. 24033667
Craig A. Stanfield MORGAN, LEWIS & BOCKIUS LLP
Texas Bar No. 24051371 1717 Main Street, Suite 3200
MORGAN, LEWIS & BOCKIUS LLP Dallas, Texas 75201
1000 Louisiana, Suite 4000 T. 214.466.4000
Houston, Texas 77002 F. 214.466.4001
T. 713.890.5000
F. 713.890.5001
Attorneys for International Paper Company
International Paper Company respectfully requests that this Court extend the
time to file its appellee and cross-appellant brief by 30 days until January 13, 2016.
See TEX. R. APP. P. 38.6(d).
International Paper is the appellee and cross-appellant in this matter. Harris
County, Texas and the State of Texas are the appellants and cross-appellees.
Harris County and the State filed their appellant briefs on November 13, 2015.
International Paper’s appellee and cross-appellant brief is currently due on
December 14, 2015.
“[T]he appellate court may extend the time for filing a brief . . . . A motion
to extend the time to file a brief may be filed before or after the date the brief is
due.” TEX. R. APP. P. 38.6(d); see also TEX. R. APP. P. 10.5(b)(1) (listing
requirements for motions to extend time).
International Paper requests an additional 30 days to file its appellee and
cross-appellant brief, extending the time until January 13, 2016. Harris County
and the State are unopposed to the extension. International Paper has not sought a
prior extension.
The requested extension is necessary because counsel for International Paper
has multiple upcoming deadlines. Please see the following:
Ms. Ho has an amicus curiae brief due on November 27, 2015 in Douglas
Cnty. School District, et al. v. Taxpayers for Public Education (Supreme
Court of the United States, No. 15-557).
Ms. Ho has a petition for en banc rehearing due on December 11, 2015 in
EEOC v. McLane Co., Inc. (U.S. Court of Appeals for the Ninth Circuit,
No. 13-15126).
Ms. Ho has a reply brief due on December 24, 2015 in Oil States Energy
Servs. v. Greene’s Energy Grp. (U.S. Court of Appeals for the Federal
Circuit, No. 15-1855).
Ms. Ho has a petition for writ of certiorari due on January 4, 2016 in Bible v.
United Student Aid Funds, Inc. (Petition to Supreme Court of the United
States from U.S. Court of Appeals for the Seventh Circuit, No. 14-1806).
Ms. Ho has a brief due on January 13, 2016 in AIG Specialty Ins. Co. v.
Tesoro Corp. et al. (U.S. Court of Appeals for the Fifth Circuit,
No. 15-50953).
Ms. Ho has a brief due on January 18, 2016 in Felicia Carter, et al v.
Westlex Corporation, et al. (U.S. Court of Appeals for the Fifth Circuit,
No. 15-20561).
Ms. Ho has an amicus curiae brief due on January 21, 2016 in NLRB v.
Banner Health System (U.S. Court of Appeals for the D.C. Circuit,
No. 15-1245).
Ms. Ho has oral argument scheduled for January 26, 2016 in Lund v. Rowan
Cnty. (U.S. Court of Appeals for the Fourth Circuit, No. 15-1591).
Ms. Ho has a brief due on January 28, 2016 in Stevens v. Rite Aid Corp.
(U.S. Court of Appeals for the Second Circuit, No. 15-277).
Mr. Carter and Mr. Stanfield are counsel in a fast-moving arbitration in
Motiva Enterprises LLC v. ACE American Ins. Co., et al. The fact discovery
deadline for that arbitration is January 22, 2016. Between now and that
time, twenty-two depositions are currently scheduled, the parties have
agreed to schedule three more, and the parties hope to schedule fourteen
additional depositions. The parties must also designate experts by December
11, 2015.
In addition, the Thanksgiving holiday is next week. Given these deadlines
and the upcoming holiday, International Paper seeks a 30-day extension so that its
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counsel has adequate time to prepare the brief, and International Paper has
adequate time to review it. International Paper contends that these reasons are
sufficient for the Court to grant an extension. See TEX. R. APP. P. 10.5(b)(1)
(requiring “facts relied on to reasonably explain the need for an extension”); Order
dated May 14, 2015 (“Motions for extensions of time will be considered only
under extraordinary circumstances.” (emphasis in original)).
CONCLUSION & PRAYER
For the foregoing reasons, International Paper respectfully requests that this
Court grant this Unopposed Motion to Extend the Time to File its Appellee and
Cross-Appellant Brief and extend the deadline to file that Brief to January 13,
2016.
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Date: November 18, 2015 Respectfully submitted,
/s/ Allyson N. Ho
Allyson N. Ho
Texas Bar No. 24033667
aho@morganlewis.com
MORGAN, LEWIS & BOCKIUS LLP
1717 Main Street, Suite 3200
Dallas, Texas 75201
T. 214.466.4000
F. 214.466.4001
Winstol D. Carter, Jr.
Texas Bar No. 03932950
wcarter@morganlewis.com
Craig A. Stanfield
Texas Bar No. 24051371
cstanfield@morganlewis.com
MORGAN, LEWIS & BOCKIUS LLP
1000 Louisiana, Suite 4000
Houston, Texas 77002
T. 713.890.5000
F. 713.890.5001
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CERTIFICATE OF CONFERENCE
I certify that that on November 18, 2015, I conferred by email regarding the
motion with counsel for all parties to this appeal. All parties are unopposed to the
relief sought in the foregoing document.
/s/ Allyson N. Ho
Allyson N. Ho
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CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing document has been
served on the following parties via e-filing and email in compliance with the
requirements of the Texas Rules of Appellate Procedure on November 18, 2015:
Rock W.A. Owens Mary E. Smith
Vince Ryan Anthony W. Benedict
Terence L. O’Rourke Linda B. Secord
OFFICE OF HARRIS COUNTY ATTORNEY OFFICE OF THE ATTORNEY GENERAL OF
1019 Congress, Room 1547 TEXAS
Houston, Texas 77002 ENVIRONMENTAL PROTECTION DIVISION
rock.owens@cao.hctx.net P.O. Box 12548, Capitol Station
Austin, Texas 78711
Debra Tsuchiyama Baker mary.smith@texasattorneygeneral.gov
Earnest W. Wotring anthony.benedict@texasattorneygeneral.gov
John Muir linda.secord@texasattorneygeneral.gov
David George
BAKER WOTRING, LLP Attorneys for the State of Texas
600 Travis, Suite 700
Houston, Texas 77002
dbaker@connellybaker.com
ewotring@connellybaker.com
jmuir@connellybaker.com
dgeorge@connellybaker.com
Attorneys for Harris County, Texas
/s/ Allyson N. Ho
Allyson N. Ho
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