ACCEPTED
14-15-00414-CV
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
7/14/2015 3:34:31 PM
CHRISTOPHER PRINE
CLERK
No. 14-15-00414-CV
In re Southern American Insurance, § In the Fourteenth FILED IN
14th COURT OF APPEALS
Agency, Inc., Al McClure, Dalina § HOUSTON, TEXAS
St. Lawrence, and Gwen Crosby, § Court of Appeals
7/14/2015 3:34:31 PM
§ CHRISTOPHER A. PRINE
Relators § at Houston, Texas Clerk
SECOND AGREED MOTION FOR EXTENSION OF
TIME TO FILE MANDAMUS RESPONSE
Relators Southern American Insurance Agency, Inc., Al McClure, Dalina St.
Lawrence, and Gwen Crosby (“Southern American”); Relators Hull and
Company, Inc., Karen Noyes, and Cindy Winchcombe (“Hull and Company”); and
Real Parties in Interest Heather Haygood, Individually and as Next Friend of J.A.,
a Minor, and Lynn Klement, on behalf of Heather Haygood, and J.A. (“Haygood”)
file this Agreed Motion for Extension of Time to File Mandamus Response and
would respectfully show:
Southern American filed its Petition for Writ of Mandamus on May 7, 2015,
and Hull and Company filed its Joinder in the petition the same day. On May 13,
2015, this Court requested that Haygood file a response to the mandamus petitions
by May 28, 2015. This Court granted an extension until July 15, 2015 on May 27,
2015. The parties mediated the case on June 15, 2015 and Haygood and Southern
American reached a settlement. Upon the parties’ motions, the trial court lifted the
stay in order to appoint a guardian ad litem on July 8, 2015. The parties intend to
set a hearing under Texas Rule of Civil Procedure 44(2) as soon as possible.
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Postponing the mandamus response deadline will allow Haygood to avoid
the potentially needless expense of drafting a response if the case proceeds to settle
with the trial court’s approval; it will also prevent the Court from wasting judicial
resources in considering mandamus petitions that could be rendered moot by a
settlement. Accordingly, the parties are jointly requesting that the Court extend the
deadline for Haygood to file her mandamus response for an additional thirty days,
or August 14, 2015. See Tex. R. App. P. 10.5(b). This is the second request for an
extension of time to file the mandamus response.
For these reasons, the parties respectfully request that the Court grant this
motion and extend the deadline for Haygood to file her response to the mandamus
petitions until August 14, 2015.
Respectfully submitted,
HENDLER LYONS FLORES, PLLC
By: /s/ Rebecca R. Webber
Rebecca R. Webber
State Bar No. 24060805
Scott M. Hendler
State Bar No. 09445500
1301 W. 25th Street, Suite 400
Austin, Texas 78705
Telephone: (512) 439-3200
Email: rwebber@hendlerlaw.com
Email: shendler@hendlerlaw.com
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Troy Chandler
State Bar No. 24006982
CHANDLER MCNULTY, LLP
1001 West Loop South, Suite 602
Houston, Texas 77027
Email: Troy@chandlermcnulty.com
Counsel for Real Parties in Interest
Heather Haygood, Individually and as Next
Friend of J.A., a Minor, and Lynn
Klement, on behalf of Heather Haygood
and J.A.
CERTIFICATE OF CONFERENCE
I hereby certify that Counsel for Plaintiff has conferred with Amy Greene,
counsel for Defendant Hull & Co. et al, and Danielle Maya, counsel for Southern
American, et al, and certify that defendants are unopposed to this motion.
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CERTIFICATE OF SERVICE
I certify that on July 14, 2015, a true and correct copy of this Second Agreed
Motion for Extension of Time was served on the persons listed below by electronic
service, email, or certified mail:
The Honorable Kyle Carter
125th Judicial District Court
Harris County Civil Courthouse
201 Caroline, 10th Floor
Houston, Texas 77002
Respondent
Thompson, Coe, Cousins & Irons
J. Richard Harmon
rharmon@thompsoncoe.com
700 N. Pearl Street, Suite 2500
Dallas, Texas 75201
Danielle F. Maya
dmaya@thompsoncoe.com
One Riverway, Suite 1400
Houston, Texas 77056
Courtney K. Walsh
cwalsh@thompsoncoe.com
One Riverway, Suite 1400
Houston, Texas 77056
Attorneys for Defendants Southern American Insurance Agency, Inc., Al
McClure, Gwen Crosby, and Dalina St. Lawrence
Phelps Dunbar, LLP
Mary “Amy” Cazes Greene
Amy.greene@phelps.com
One Allen Center
500 Dallas Street, Suite 1300
Houston, Texas 77002
Attorney for Defendants Hull & Company, Inc., Karen Noyes, and Cindy
Winchcombe
/s/ Rebecca R. Webber
Rebecca R. Webber
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