ACCEPTED
14 13 00824 CV
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
11/10/2015 5:32:46 PM
CHRISTOPHER PRINE
CLERK
No. 14-13-00824-CV
FILED IN
IN THE 14th COURT OF APPEALS
HOUSTON, TEXAS
FOURTEENTH COURT OF APPEALS
11/10/2015 5:32:46 PM
HOUSTON, TEXAS
CHRISTOPHER A. PRINE
Clerk
TAMIMI GLOBAL COMPANY, LTD,
Appellant/Cross Appellee,
v.
KELLOGG BROWN & ROOT, L.L.C., KELLOGG
BROWN & ROOT INTERNATIONAL, INC., AND
KELLOGG BROWN & ROOT SERVICES, INC.,
Appellees/Cross-
Appellants.
UNOPPOSED MOTION FOR EXTENSION OF
TIME TO FILE MOTION FOR REHEARING
Nicholas A. Simms
State Bar No. 00794637
nsimms@porterhedges.com
Kerry M. McMahon
State Bar No. 00797053
David W. Salton
State Bar No. 24062983
Porter Hedges LLP
1000 Main Street, 36th Floor
Houston, Texas 77002
Telephone: (713) 226-6659
Facsimile: (713) 226-6259
Attorneys for Appellees and Cross-
Appellants
TO THE HONORABLE FOURTEENTH COURT OF APPEALS:
Pursuant to the Texas Rules of Appellate Procedure, Appellees and Cross-
Appellants Kellogg Brown & Root, L.L.C., Kellogg Brown & Root International,
Inc., and Kellogg Brown & Root Services, Inc. (collectively "KBR") file this
Unopposed Motion for Extension of Time to file their Motion for Rehearing, and
would respectfully show the Court as follows:
A. The Present Deadline
The court of appeals issued its opinion and judgment in this case on
October 29, 2015. Under the Texas Rules of Appellate Procedure, any motion for
rehearing in the case is due on or before November 13, 2015. See TEX. R. APP. P.
49.1.
B. The Length of the Extension Sought
KBR seeks a ten day extension of time in which to file its motion for
rehearing. Specifically, KBR requests an extension from November 13, 2015,
through and including November 23, 2015.
C. Number of Previous Extensions Granted
This is the first extension KBR has requested to file its motion for rehearing.
Tamimi Global Company, Ltd. ("Tamimi") filed its motion for rehearing on
November 10, 2015. Tamimi is not opposed to KBR's request for an extension.
D. Facts Explaining the Needed Extension
KBR seeks an extension of time in which to file its Motion for Rehearing
due to its counsel's numerous unavoidable professional conflicts which have
interfered with the ability of KBR and its counsel to meet the present filing
deadline.
Specifically, counsel for KBR has been heavily involved in the following
matters:
• Cause no. 2015CCV-61899-4; Gatefront, LLC v. Buckeye Texas Hub
LLC; In the County Court at Law Number 4, Nueces County, Texas.
Kerry McMahon and David Salton have been involved in preparing for
hearings on a motion for summary judgment and temporary injunction;
• No. 014-15-00086-CV; Amerigroup v. True View Surgery Center; In the
Fourteenth Court of Appeals. David Salton has been involved in
preparing an appellate reply brief;
• Case No. 02-14-000-4804; American United Ct. v. KBR, an international
arbitration. David Salton has been involved in locating and interviewing
potential fact witnesses located in various countries, in addition to
preparing for and participating in a preliminary hearing; and
• Case No. 01-14-0000-8487; Najlaa International Catering Services v.
Kellogg Brown & Root Services, Inc., an international arbitration.
Nicholas Simms, Kerry McMahon, and David Salton have been
preparing for and participating in the first of three scheduled hearings.
KBR's counsel has attempted to complete the motion for rehearing by the
present deadline, but the above-noted conflicts have made it impossible to do so.
This request is made not for improper purposes of delay, but so that justice may be
done.
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WHEREFORE, Appellees and Cross-Appellants Kellogg Brown & Root,
L.L.C., Kellogg Brown & Root International, Inc., and Kellogg Brown & Root
Services, Inc. respectfully requests that the Court grant this Unopposed Motion for
Extension for Time to file their Motion for Rehearing, and for such other and
further relief to which they may show themselves to be justly entitled to receive.
Respectfully submitted,
PORTER HEDGES LLP
By:/s/ Nicholas A. Simms
Nicholas A. Simms
State Bar No. 00794637
nsimms@porterhedges.com
Kerry M. McMahon
State Bar No. 00797053
David W. Salton
State Bar No. 24062983
1000 Main Street, 36th Floor
Houston, Texas 77002
Telephone: (713) 226-6000
Facsimile: (713) 228-1331
Attorneys for Appellees and Cross-
Appellants Kellogg Brown & Root,
L.L.C., Kellogg Brown & Root
International, Inc., and Kellogg Brown
& Root Services, Inc.
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CERTIFICATE OF SERVICE
Pursuant to Rules 6.3 and 9.5(b), (d), and (e) of the Texas Rules of Appellate
Procedure, this is to certify that on this 10th day of November 2015, a true and
correct copy of the foregoing was served on the following counsel of record by
U.S. first class mail and by electronic delivery as follows:
Murphy S. Klasing
Weycer, Kaplan, Pulaski & Zuber, P.C.
11 Greenway Plaza, Suite 1400
Houston, TX 77046
Attorneys for Appellant Tamimi Global Company Ltd
/s/ Nicholas A. Simms
Nicholas A. Simms
CERTIFICATE OF CONFERENCE
I hereby certify that I contacted Murphy S. Klasing, counsel for Appellant
and Cross-Appellee, and he has indicated that his client is not opposed to this
motion.
/s/ Nicholas A. Simms
Nicholas A Simms
5170890v1
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