ACCEPTED
01-14-00687-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
10/2/2015 5:34:53 PM
CHRISTOPHER PRINE
CLERK
01-14-00687-CV
_______________
FILED IN
1st COURT OF APPEALS
IN THE HOUSTON, TEXAS
FIRST COURT OF APPEALS 10/2/2015 5:34:53 PM
HOUSTON, TEXAS CHRISTOPHER A. PRINE
_______________ Clerk
THE BETTER BUSINESS BUREAU OF METROPOLITAN HOUSTON,
INC., THE BETTER BUSINESS BUREAU OF METROPOLITAN
HOUSTON EDUCATION FOUNDATION, DAN PARSONS, CHRIS
CHURCH, CHURCH ENTERPRISES, INC., GARY MILLESON, RONALD
N. MCMILLAN, D’ARTAGNAN BEBEL, MARK GOLDIE, CHARLIE
HOLLIS, AND STEVEN LUFBURROW,
Appellants,
v.
JOHN MOORE SERVICES, INC. AND JOHN MOORE RENOVATION,
LLC,
Appellees.
_______________
On Appeal from the
269th Judicial District Court
Harris County, Texas
Cause Number 2013-76215
_______________
APPELLEES’ RESPONSE IN OPPOSITION OF APPELLANTS’ MOTION
TO VACATE MEMORANDUM ORDER OF REFERRAL TO MEDIATION
AND RELATED ORDERS
_______________
LORI HOOD
BOBBIE L. STRATTON
Baker Donelson Bearman Caldwell & Berkowitz, P.C.
1301 McKinney Street, Suite 3700
Houston, Texas 77010
Telephone: (713) 650-9700
Facsimile: (713) 650-9701
ATTORNEYS FOR APPELLEES
TO THE HONORABLE COURT OF APPEALS:
Appellees John Moore Services, Inc. and John Moore Renovation, LLC
(“John Moore”) file this Response in Opposition to Appellants The Better Business
Bureau of Metropolitan Houston (“Houston BBB”), The Better Business Bureau of
Metropolitan Houston Education Foundation, Dan Parsons, Chris Church, Church
Enterprises, Inc., Gary Milleson, Ronald N. McMillan, D’Artagnan Bebel, Mark
Goldie, Charlie Hollis, and Steven Lufburrow’s (collectively, “Appellants”)
motion to vacate this Court’s order referring this case to mediation (along with
parallel related proceeding in Case No. 01-14-00906-CV) and respectfully show
the Court, as follows:
The deadline to complete mediation has previously been continued much
detail for the discretion of counsel for John Moore. Lead counsel has been
undergoing cancer treatment, and the current treatment protocol is scheduled to
end during the first week of November; thus, giving counsel the ability to attend a
full-day mediation without further delay due to the previously unpredictable nature
of such treatment. While counsel is appreciative of the Houston BBB’s concern
about the reprieve that might be created by alleviating counsel’s need to attend a
full-day mediation in these cases, continuing the deadline to complete mediation
until the end of November would not create any further prejudice for Appellants,
but rather, would serve to potentially eliminate two cases from this Court’s docket.
Appellees’ Response in Opposition to Appellants’ Motion to Vacate Mediation Page 2 of 4
Rather than attempt to schedule mediation during this unpredictable time,
John Moore moved the Court to continue mediation until after counsel’s last
treatment scheduled to take place during the first week of November.
The parties positions in the cases have not changed; therefore, the
circumstances motivating this Court to order mediation in the first place have not
changed. Appellants have not presented any compelling reason other than the
scheduling of mediation as a reason to vacate the mediation order.
John Moore asks this Court to deny the motion to vacate the mediation
orders and to grant the motion to extend the deadline to complete mediation as
requested by John Moore in its separately filed motion.
Respectfully submitted,
/s/ Bobbie L. Stratton
Lori Hood
Texas State Bar No. 09943430
Bobbie L. Stratton
Texas State Bar No. 24051394
BAKER, DONELSON, BEARMAN,
CALDWELL & BERKOWITZ, PC
1301 McKinney, Suite 3700
Houston, Texas 77010
Telephone: (713) 650-9700
Facsimile: (713) 650-9701
ATTORNEYS FOR APPELLEES
Appellees’ Response in Opposition to Appellants’ Motion to Vacate Mediation Page 3 of 4
CERTIFICATE OF SERVICE
I hereby certify that on October 2, 2015, a true and correct copy of the
foregoing was served by electronic service, as follows:
Lauren B. Harris
Jeffrey R. Elkin
Susan K. Hellinger
M. Harris Stamey
Porter Hedges LLP
1000 Main Street, 36th Floor
Houston, Texas 77002
/s/ Bobbie L. Stratton
Bobbie L. Stratton
Appellees’ Response in Opposition to Appellants’ Motion to Vacate Mediation Page 4 of 4
the Better Business Bureau of Metropolitan Houston, Inc., the Better Business Bureau of Metropolitan Houston Education Foundation, Dan Parsons, Chris Church, Church Enterprises, Inc., Gary Milleson, Ronald N. McMillan, D' Artagnan Bebel, Mark Goldie, Cha v. John Moore Services, Inc. and John Moore Renovation, LLC
Combined Opinion