FILED
17-0448
12/21/2017 4:53 PM
tex-21448027
SUPREME COURT OF TEXAS
BLAKE A. HAWTHORNE, CLERK
No. 17-0448
In The
Supreme Court of Texas
HILARIO TORRES,
Petitioner,
v.
CHAUNCEY MANSELL and MUELLER SUPPLY COMPANY, INC.,
Respondents.
On Petition for Review from the Tenth Court of Appeals at Amarillo, Texas
No. 07-16-00016-CV
UNOPPOSED MOTION FOR EXTENSION TO FILE BRIEF ON THE MERITS
Sean R. Cox Joe Lopez
State Bar No. 24031980 Texas Bar No. 24041358
LAW OFFICES OF SEAN R. COX THE LOPEZ LAW FIRM
P.O. Box 130864 1502 West Avenue
Dallas, TX 75313 Austin, Texas 78701
Telephone: (214) 500-9280 (512) 580-9962
Fax: (844) 501-8688 (512) 532-7077 (fax)
Email: scox@coxappellate.com jl@joelopezlaw.com
Counsel for Petitioner
ORAL ARGUMENT REQUESTED
UNOPPOSED MOTION FOR EXTENSION TO FILE BRIEF ON THE MERITS – PAGE 1
TO THE HONORABLE SUPREME COURT OF TEXAS:
Petitioner, Hilario Torres, respectfully requests, pursuant to Texas Rule of
Appellate Procedure 55.7, that the Court extend the due date for the filing of
Petitioner’s Brief on the Merits in this case. In support of this Unopposed Motion
for Extension, Petitioner would respectfully show the Court the following:
1. On December 8, 2017, this Court requested full briefing in this case.
2. The deadline for filing Petitioner’s Brief on the Merits in this case is
currently January 8, 2018.
3. Petitioner requests an extension of time to file his Brief on the Merits
because the record in this case is substantial and the issues are complex.
Additionally, Petitioner requests an extension because the undersigned counsel has
been or is now operating under the following deadlines:
A. Appellate briefing in Campbell v. Allegheny Intl., Inc., et al,
Appellate Court of Illinois First Judicial District, No. 1-17-3051
(due January 4, 2018).
B. Briefing on multiple motions to exclude expert testimony in
Lightfoot v. Georgia Pacific, US. District Court, Eastern District
of North Carolina, No. 7:16-cv-00244-FL (due January 8, 2017).
C. Hearing on motion to dismiss in Simon v. Katy Trail Ice House,
et al., No. CC-16-02766-A, Dallas County Court at Law (January
17, 2018).
D. Trial in Parish, v. Barba, No. 416-04776-2013, in the 416th
District Court of Collin County, Texas (beginning January 22,
2017).
UNOPPOSED MOTION FOR EXTENSION TO FILE BRIEF ON THE MERITS – PAGE 2
E. Briefing on motions to compel in Blouin v. Avondale Industries,
Inc., et al., No. 16-6245, Civil District Court for the Parish of
Orleans, Louisiana (due December 28, 2017).
F. Briefing on motion to compel in Lopez v. Martinez, No. DC-17-
01100, Dallas County 298th District Court (filed December 19,
2017, hearing on January 19, 2018)
G. Pre-trial briefing in Molina v. Collin County, No. 4:17-cv-00017,
U.S. District Court, Eastern District of Texas (due December 22,
2017).
H. Summary judgment briefing in Edwards v. Albany International
Corp., et al., South Carolina Court of Common Pleas, County of
York, No. 13-CP-46-00368 (due December 29, 2018).
I. Mediation in Simon v. Katy Trail Ice House, et al., No. CC-16-
02766-A, Dallas County Court at Law (held on December 14,
2017).
4. This request is Petitioner’s first request for an extension of time to file
his Brief on the Merits.
5. On December 21, 2017, Sean Cox, counsel for Petitioner, conferred
with Respondents’ counsel William Reid, inquiring as to whether Respondents
would agree to the relief requested in this motion. Mr. Reid responded that
Respondents are unopposed to the requested extension.
6. Petitioner respectfully requests this Court grant an extension until
February 7, 2018 for Petitioner to file his Brief on the Merits. This request is sought
not solely for delay, but so that justice may be done in the disposition of this case.
UNOPPOSED MOTION FOR EXTENSION TO FILE BRIEF ON THE MERITS – PAGE 3
WHEREFORE, PREMISES CONSIDERED, Petitioner respectfully
requests that this Court grant their Unopposed Motion and extend the time until
February 7, 2018 for Petitioner to file his Brief on the Merits.
Respectfully submitted,
By: /s/Sean R. Cox
Sean Cox
State Bar No. 24031980
LAW OFFICES OF SEAN R. COX
P.O. Box 130864
Dallas, TX 75313
Telephone: (214) 500-9280
Facsimile: (877) 270-0978
scox@coxappellate.com
Joe Lopez
Texas Bar No. 24041358
THE LOPEZ LAW FIRM
1502 West Avenue
Austin, Texas 78701
(512) 580-9962
(512) 532-7077 (fax)
jl@joelopezlaw.com
Counsel for Petitioner
CERTIFICATE OF CONFERENCE
On December 21, 2017, Sean Cox, counsel for Petitioner conferred with
Respondents’ counsel William Reid, inquiring as to whether Respondents would
agree to the relief requested in this motion. Mr. Reid stated that Respondents are
unopposed to the requested extension.
/s/Sean R. Cox
Sean R. Cox
UNOPPOSED MOTION FOR EXTENSION TO FILE BRIEF ON THE MERITS – PAGE 4
CERTIFICATE OF SERVICE
This is to certify that on the 21st day of December, 2017, a true and correct
copy of the above and foregoing instrument was served via Electronic Service, upon
the following counsel of record in accordance with the Texas Rules of Appellate
Procedure:
William E. Reid
REID & DENNIS, P.C.
Tollway Towers South
15660 Dallas Tollway, Ste. 1400
Dallas, Texas 75248
Telephone: (972) 991-2626
Email: wreid@reiddennis.com
John M. Frick
BENNETT, WESTON LAJONE & TURNER, P.C.
1603 LBJ Fwy Ste 280
Dallas, TX 75234
Telephone: (972) 662-4901
Email: jfrick@bennettweston.com
Wanda McKee Fowler
WRIGHT & CLOSE, L.L.P.
One Riverway, Suite 2200
Houston, Texas 77056
Telephone: (713) 572-4321
Email: fowler@wrightclose.com
Counsel for Respondents
Chauncey Mansell and
Mueller Supply Company, Inc.
/s/ Sean R. Cox
Sean R. Cox
UNOPPOSED MOTION FOR EXTENSION TO FILE BRIEF ON THE MERITS – PAGE 5