in Re Arnold & Itkin, L.L.P., Beck Redden, L.L.P., Albritton Law Firm, Kurt Arnold, Cory Itkin, Jason Itkin, Russell Post, Fields Alexander, Jas Brar and Eric Albritton
ACCEPTED
01-15-00990-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
12/15/2015 11:31:54 AM
CHRISTOPHER PRINE
CLERK
NO. 01-15-00990-CV
FILED IN
IN THE COURT OF APPEALS 1st COURT OF APPEALS
First District of Texas HOUSTON, TEXAS
12/15/2015 11:31:54 AM
at Houston
CHRISTOPHER A. PRINE
Clerk
IN RE ARNOLD & ITKIN, L.L.P., BECK REDDEN, L.L.P., ALBRITTON
LAW FIRM,KURT ARNOLD, CORY ITKIN, JASON ITKIN, RUSSELL
POST,FIELDS ALEXANDER, JAS BRAR AND ERIC ALBRITTON,
RELATORS
From the 11th Judicial District Court of Harris County, Texas
No. 2015-28543
REAL PARTIES IN INTEREST’S UNOPPOSED MOTION TO EXTEND
TIME TO FILE RESPONSE TO PETITION FOR WRIT OF MANDAMUS
TO THE HONORABLE COURT OF APPEALS:
COMES NOW, Real Parties in Interest, Maria Santos Lopez Dominguez, et
al., and file this, their Unopposed First Motion to Extend Time to File Response to
Petition for Writ of Mandamus and would respectfully show as follows.
A. INTRODUCTION
1. Relators are Arnold & Itkin, L.L.P., Beck Redden, L.L.P., Albritton
Law Firm, Kurt Arnold, Cory Itkin, Jason Itkin, Russell Post, Fields Alexander, Jas
Brar and Eric Albritton.
REAL PARTIES IN INTEREST’S UNOPPOSED MOTION TO EXTEND
TIME TO FILE RESPONSE TO PETITION FOR WRIT OF MANDAMUS PAGE 1 OF 8
2. Real Parties in Interest are Maria Santos Lopez Dominguez,
Individually and as Next Friend of Karen Marien Andrade Lopez, Mairet Sameli
Andrade Lopez and Imar Gerardine Andrade Lopez on Behalf of the Estate of
Omar Gerardo Andrade De Los Santos; Gabriel Gonzalez Toral; Jorge Arturo
Jimenez Rangel; Antonio Montero Hernandez; Juan Antonio Palafox Navarrete;
Leonel Fernandez Rivera; Fernando Augusto Cervera Ramirez; Libia Arredondo
Chavez; individually and as Next Friend of Jorge Ricardo Barrancos Arredondo
and Pedro Santiago Barrancos Arredondo on behalf of the Estate of Jorge Alonso
Barrancos Pozo; Pastor Garcia Ocana; Jorge Guzman Martinez; Aldo Antonio
Lopez Lorenzo and Monica Lopez; Miguel Cobos Salas, Jose Pedro Cobos Quiroz,
Oscar Romero Ortega, Sergio Rosado Cortes, Sergio Solis Ponce, Martin Zuñiga
Salazar, Josefa Santos Castellano, Individually and as Representative of the Estate
of Benito De Los Santos, Joel Santos Ventura, Individually and as Representative
of the Estate of Benito De Los Santos, Aleli Jiminez Perez, Individually and as
Representative of the Estate of Aroer May Jimenez, Tayde Maria Pozo Roble,
Individually and as Representative of the Estate of Leandro Manuel Hernandez
Pozo, Miguel Hernandez Chan, Individually and as Representative of the Estate of
Leandro Manuel Pozo, and Eudocio Alejandro Jacome Gomez.
3. There is no specific deadline to file this motion to extend time.
REAL PARTIES IN INTEREST’S UNOPPOSED MOTION TO EXTEND
TIME TO FILE RESPONSE TO PETITION FOR WRIT OF MANDAMUS PAGE 2 OF 8
4. Real Parties conferred with counsel for Relators regarding the filing of
this motion and Relators are unopposed.
B. ARGUMENT & AUTHORITIES
5. The Court may grant an extension of time under Texas Rule of
Appellate Procedure 10.05(b).
6. The current deadline to file the Response to Relators’ Petition for Writ
of Mandamus is January 4, 2016.
7. Real Parties request an additional thirty (30) days to file their
Response to Relators’ Petition for Writ of Mandamus, extending the time until
February 3, 2016
8. No other extensions have been sought or granted in the instant matter.
9. There is good cause to grant an extension of time. The response
period has or will span three national holidays; Thanksgiving, Christmas, and New
Year’s Day. Counsel for Real Parties have been or will be on vacation during
these holidays and unable to devote the time necessary to fully respond to Relators’
Petition. Furthermore, Lance Christopher Kassab and David Eric Kassab, trial and
appellate counsel for Respondents, have been (and will continue to be) occupied
with the following appellate matters between now and January 4, 2016:
Drafting and filing a Petition for Review to the Texas Supreme
Court in Cause No. 14-15-00101-CV; Ricardo G. Cedillo,
Jason C. Zehner, J. Russell Davis and Davis, Cedillo &
Mendoza, Inc. v. Immobiliere Jeuness Establissement; In the
REAL PARTIES IN INTEREST’S UNOPPOSED MOTION TO EXTEND
TIME TO FILE RESPONSE TO PETITION FOR WRIT OF MANDAMUS PAGE 3 OF 8
Fourteenth Court of Appeals at Houston, which is currently due
on December 17, 2015.
Drafting and filing a Petition for Review to the Texas Supreme
Court in Cause No. 14-14-00731-CV; Joseph Pressil v. Jason
A. Gibson, et al.; In the Fourteenth Court of Appeals at
Houston, which is currently due on December 23, 2015.
Drafting and filing Appellee’s Response Brief in Cause No. 14-
15-00602-CV; Richard E. Nawracaj v. Genesys Software
Systems, et al.; In the Fourteenth Court of Appeals at Houston,
which is currently due on January 5, 2016.
10. Accordingly, the thirty (30) day extension will allow Real Parties’
counsel to complete the currently-scheduled tasks in between the Holidays of
Thanksgiving, Christmas and New Years and will enable Real Parties’ counsel to
adequately prepare and file the Response.
11. Real Parties do not seek this extension merely for the purpose of
delay, but so that justice may be done. The Parties have not identified any
prejudice or harm imposed upon Relators if the Court grants this motion.
C. CONCLUSION & PRAYER
12. For these reasons, Real Parties ask the Court to grant a thirty (30) day
extension of time and enter an order extending Real Parties’ deadline to file their
Response to Relators’ Petition for Writ of Mandamus to February 3, 2016.
REAL PARTIES IN INTEREST’S UNOPPOSED MOTION TO EXTEND
TIME TO FILE RESPONSE TO PETITION FOR WRIT OF MANDAMUS PAGE 4 OF 8
Respectfully submitted,
THE KASSAB LAW FIRM
/ s / David Eric Kassab
LANCE CHRISTOPHER KASSAB
Texas State Bar No. 00794070
lck@texaslegalmalpractice.com
DAVID ERIC KASSAB
Texas State Bar No. 24071351
dek@texaslegalmalpractice.com
1420 Alabama
Houston, Texas 77004
t. 713.522.7400
f. 713.522.7410
DOHERTY✯WAGNER
/ s / Brett Wagner
BRETT WAGNER
Texas State Bar No. 20654270
brett@dwlawyers.com
LARRY JOE DOHERTY
Texas State Bar No. 05950000
larry@dwlawyers.com
RYAN W. SMITH
Texas State Bar No. 24063010
ryan@dwlawyers.com
13810 Champion Forest Drive, Suite 225
Houston, Texas 77069
t. 281 583-8700
f. 281 583-8701
ATTORNEYS FOR REAL
PARTIES IN INTEREST
REAL PARTIES IN INTEREST’S UNOPPOSED MOTION TO EXTEND
TIME TO FILE RESPONSE TO PETITION FOR WRIT OF MANDAMUS PAGE 5 OF 8
CERTIFICATE OF COMPLIANCE
Pursuant to Texas Rule of Appellate Procedure 9.4(i)(3), I hereby certify that
this response contains approximately 721 words excluding the allowable items.
This is a computer-generated document created in Microsoft Word 2010, using 14-
point typeface for all text, except for footnotes which are in 12-point typeface. In
making this certificate of compliance, I am relying on the word count provided by
the software used to prepare the document.
Dated: December 15, 2015.
/ s / David Eric Kassab
David Eric Kassab
REAL PARTIES IN INTEREST’S UNOPPOSED MOTION TO EXTEND
TIME TO FILE RESPONSE TO PETITION FOR WRIT OF MANDAMUS PAGE 6 OF 8
CERTIFICATE OF SERVICE
The undersigned certifies that on December 15, 2015, the foregoing motion
was served electronically on the following parties in accordance with the
requirements of the Texas Rules of Appellate Procedure:
Reagan W. Simpson Jeremy L. Doyle
State Bar No. 18404700 State Bar No. 24012553
rsimpson@yettercoleman.com jdoyle@reynoldsfrizzell.com
YETTER COLEMAN LLP REYNOLDS FRIZZELL LLP
909 Fannin, Suite 3600 1100 Louisiana, Suite 3500
Houston, Texas 77010 Houston, Texas 77002
Tel. 713-632-8000 Tel. 713-485-7200
Fax 713-632-8002 Fax 713-488-7250
Counsel for Relators Counsel for Relators
Beck Redden LLP, Arnold & Itkin, L.L.P.,
Russell Post, Fields Kurt Arnold, Cory Itkin
Alexander and Jas Brar and Jason Itkin
Billy Shepherd Sam Houston
State Bar No. 18219700 State Bar No.10059550
bshpeherd@spmlegal.com shouston@sschlaw.com
SHEPHERD PREWETT MILLER PLLC SCOTT, CLAWATER & HOUSTON L.L.P.
770 South Post Oak Lane 2777 Allen Parkway, 7th Floor
Suite 420 Houston, Texas 77019-2133
Houston, Texas 77056 Tel. 713-650-6600
Tel. 713-955-4440 Fax 713-766-6542
Fax +1 713-766-6542 Counsel for Relators Arnold & Itkin,
Counsel for Relators L.L.P., Kurt Arnold, Cory Itkin and
Albritton Law Firm and Jason Itkin
Eric Albritton
John Black
State Bar No. 24012292
jblack@dalyblack.com
DALY & BLACK, P.C.
2211 Norfolk, Suite 800
REAL PARTIES IN INTEREST’S UNOPPOSED MOTION TO EXTEND
TIME TO FILE RESPONSE TO PETITION FOR WRIT OF MANDAMUS PAGE 7 OF 8
Houston, Texas 77008
Tel. 888-492-2671
Fax 713-655-1587
Counsel for Relators Arnold & Itkin,
L.L.P., Kurt Arnold, Cory Itkin and
Jason Itkin
/ s / David Eric Kassab
David Eric Kassab
REAL PARTIES IN INTEREST’S UNOPPOSED MOTION TO EXTEND
TIME TO FILE RESPONSE TO PETITION FOR WRIT OF MANDAMUS PAGE 8 OF 8