Loan Nguyen v. Target Corporation

ACCEPTED 01-15-00789-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 12/17/2015 11:01:00 AM CHRISTOPHER PRINE CLERK Cause No. 01-15-00789-CV FILED IN __________________________________________________________________ 1st COURT OF APPEALS HOUSTON, TEXAS IN THE COURT OF APPEALS 12/17/2015 11:01:00 AM FIRST COURT OF APPEALS DISTRICT OF TEXAS CHRISTOPHER A. PRINE HOUSTON, TEXAS Clerk __________________________________________________________________ LOAN NGUYEN Appellant, V. TARGET CORPORATION Appellee. On Appeal from The 269th Judicial District Court of Harris County, Texas Trial Court Cause No. 2013-76879 __________________________________________________________________ APPELLEE TARGET CORPORATION’S MOTION TO DISMISS FOR WANT OF PROSECUTION __________________________________________________________________ TO THE HONORABLE COURT OF APPEALS: Defendant TARGET CORPORATION files this Motion to Dismiss the Appellant’s Notice of Appeal for Want of Prosecution based on Appellant Loan Nguyen’s failure to diligently prosecute her claims. 1. On September 14th, 2015, this Honorable Court received a Notice of Assignment from the 269th Judicial District Court of Harris County, Texas. 1 2. On September 15th, 2015, this Honorable Court issued a Notice requiring that Appellant file her filing fee on or before October 5, 2015. Further, this Court required that the District Court Reporter file the record on or before October 9, 2015. 3. On October 6, 2015, this Honorable Court issued a reminder to the Appellant, noting that the filing fee had not been paid and that if the fee was not paid on or before November 5, 2015, the appeal may be dismissed. 4. Contrary to the Texas Rules of Appellate Procedure and this Court’s prior Notices, neither the filing fee nor the underlying record have been filed with this Honorable Court. In this regard, the Appellant has not paid the filing fee and has not paid for the underlying record. Thus, Appellee Target Corporation respectfully requests that this Honorable Court dismiss Appellant Loan Nguyen’s Appeal for want of prosecution. PRAYER For the foregoing reasons, Appellee TARGET CORPORATION respectfully moves the Court to dismiss Appellant Loan Nguyen’s Notice of Appeal and Appellant Defendant TARGET CORPORATION seeks all costs of court. Respectfully submitted, GERMER, PLLC By: /s/ Troy A. Williams TROY A. WILLIAMS State Bar No. 00788678 ROBIN BLANCHETTE State Bar. No. 24045509 Three Allen Center 333 Clay Street, Suite 4950 Houston, Texas 77002 Telephone: (713) 650-1313 Facsimile: (713) 739-7420 2 E-Mail: twilliams@germer.com ATTORNEYS FOR DEFENDANT, TARGET CORPORATION CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing instrument has been duly sent by facsimile transmission, on December 17, 2015 to the following counsel: (713) 831-6899 Todd E. Webb The Webb Law Firm 3730 Kirby Dr., Suite 1200 Houston, TX 77098 /s/ Troy A. Williams TROY A. WILLIAMS 3