in Re Southern American Insurance Agency, Inc., Al McClure Dalina St. Lawrence, and Gwen Crosby

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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. 1 2208429v1 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 2 2208429v1 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. 3 2208429v1 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 4 2208429v1