ACCEPTED
01-15-00620-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
11/25/2015 1:32:06 PM
CHRISTOPHER PRINE
CLERK
No. 01-15-00620-CV
______________________________________________________________
FILED IN
IN THE COURT OF APPEALS OF TEXAS 1st COURT OF APPEALS
FOR THE FIRST DISTRICT HOUSTON, TEXAS
HOUSTON, TEXAS 11/25/2015 1:32:06 PM
CHRISTOPHER A. PRINE
______________________________________________________________
Clerk
LEVCO CONSTRUCTION, INC.
Appellant and Cross-Appellee,
v.
CLEVELAND CONSTRUCTION, INC.
Appellee,
v.
WHOLE FOODS MARKET ROCKY MOUNTAIN/SOUTHWEST, L.P.,
Appellee and Cross-Appellant.
______________________________________________________________
Appealed from the 270th District Court
of Harris County, Texas, Cause No. 2011-23308
______________________________________________________________
APPEALLANT LEVCO CONSTRUCTION, INC.’S JOINDER IN
APPELLEE AND CROSS-APPELLANT WHOLE FOODS
MARKET ROCKY MOUNTAIN/SOUTHWEST, L.P.’S
UNOPPOSED MOTION FOR EXTENSION
OF TIME TO FILE APPELLANTS’ BRIEFS
______________________________________________________________
Gregory N. Jones, Esq.
gjones@gnjlaw.net
Law Offices of Gregory N. Jones
2323 Shepherd
14th Floor
Houston, Texas 77019
Fax: 713-979-4440
COUNSEL FOR LEVCO CONSTRUCTION, INC.
1
TO THE HONORABLE COURT:
On November 13, 2015, Appellee and Cross-Appellant Whole Foods Market
Rocky Mountain/ Southwest, L.P. (“Whole Foods”) filed an unopposed motion for a
45-day extension of time for all appellants—that is, for both Whole Foods and Levco
Construction, Inc. (“Levco”)—to file their principal briefs. The Court granted the
extension to January 11, 2016, but has advised that it applied to only Whole Foods’
brief. Accordingly, Appellant Levco filed this joinder to the Whole Foods request for
extension and respectfully requests an extension to January 11, 2016 to file its brief.
Procedural Summary
Levco filed its notice of appeal on July 17, 2015; Whole Foods filed its notice
12 days later. The Court Reporter’s record and the Clerk’s record, both of which are
exceedingly large and took extra time to prepare, have been filed with this Court. The
Court Reporter’s record was filed on September 24, 2015. The Clerk’s record was
filed a month later, on October 26, 2015. Accordingly, pursuant to Texas Rule of
Appellate Procedure 38.6(a)—and according to the Court’s calendar—Whole Foods
and Levco were to file their appellants’ briefs by November 25, 2015. This Court
granted the motion filed by Whole Foods on behalf of all appellants and extended the
briefing dseadline to January 11, 2016.
Levco Joins in Whole Foods’ Request for a 45-Day Extension
Whole Foods requested a 45-day extension of the existing briefing deadline,
which was granted by this Court until January 11, 2016. The extension was warranted
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so that appellants have sufficient time to present their arguments to this Court in a
concise, helpful manner, and to distill the briefing and voluminous record for the
Court’s ready review. Moreover, the current briefing schedule coincides with the
year-end holiday season, and a typical 30-day extension would set the appellants’
briefing deadline for Christmas Day—hence this request for 45 days.
Whole Foods and Appellee Cleveland Construction, Inc. do not oppose this
motion.
* * *
For the foregoing reasons, Levco respectfully asks this Court to grant this
motion and extend the deadline for both Whole Foods and Levco to file their
respective appellants’ briefs to January 11, 2016.
Respectfully submitted,
/s/Gregory N. Jones
Law Offices of Gregory N. Jones
Texas Bar No. 10889450
Gregory N. Jones, Esq.
2323 Shepherd
14th Floor
Houston, Texas 77019
Fax: 713-979-4440
gjones@gnjlaw.net
COUNSEL FOR LEVCO CONSTRUCTION,
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CERTIFICATE OF CONFERENCE
I certify that on November 25, 2015, I conferred with Robert J. Carty, Jr.,
counsel for Whole Foods, and Josh Bowlin, counsel for Cleveland Construction, Inc.,
regarding the filing of this motion, and they stated that their respective clients do not
oppose this motion.
/s/Gregory N. Jones
Gregory N. Jones
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CERTIFICATE OF SERVICE
I hereby certify that on this 25th day of November, 2015, a true and correct
copy of the foregoing instrument was properly forwarded to counsel of record for
Appellants in accordance with the Texas Rules of Appellate Procedure, as follows:
Josh N. Bowlin, Esq. Robert J. Carty, Jr.
josh.bowlin@chamberlainlaw.com Texas Bar No. 00788794
Chamberlain, Hrdlicka, White, Williams rcarty@seyfarth.com
& Aughtry Leah A. Rochwarg, pro hac vice
1200 Smith Street, Suite 1400 Mass. SBN 566524
Houston, Texas 77002 lrochwarg@seyfarth.com
Fax: 713-658-2553 700 Milam Street, Suite 1400
Houston, Texas 77002-2812
COUNSEL FOR CLEVELAND Telephone: (713) 225-2300
CONSTRUCTION, INC. Facsimile: (713) 225-2340
John H. Hempfling, II
Texas Bar No. 24029609
John.Hempfling@wholefoods.com
550 Bowie Street
Austin, Texas 78703
Telephone: (512) 542 0213
Facsimile: (512) 482-7213
COUNSEL FOR APPELLEE AND CROSS-
APPELLANT WHOLE FOODS MARKET
ROCKY MOUNTAIN/SOUTHWEST, L.P.
/s/ Gregory N. Jones
Gregory N. Jones
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