Hilario Torres v. Chauncey Mansell & Mueller Supply Company, Inc.

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