Levco Construction, Inc. v. Cleveland Construction Inc.Whole Foods Market, Inc.

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 -2- 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, -3- 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 -4- 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 -5-