ACCEPTED
03-17-00873-CV
21628458
THIRD COURT OF APPEALS
AUSTIN, TEXAS
1/5/2018 10:13 AM
JEFFREY D. KYLE
CLERK
No. 03-17-00873-CV
In the FILED IN
3rd COURT OF APPEALS
Third Court of Appeals AUSTIN, TEXAS
1/5/2018 10:13:35 AM
Austin, Texas JEFFREY D. KYLE
Clerk
IN RE OCAMPO PARTNERS, LTD., BELCO EQUITIES, INC.,
RIVERHORSE EQUITIES II, LTD., AND DOUGLAS MCDERMOTT AS TRUSTEE OF THE
RUDY BELTON MANAGEMENT TRUST
On Petition for Writ of Mandamus from the
126th District Court of Travis County, Texas,
Cause No. D-1-GN-17-002572, Hon. John K. Dietz, Judge Presiding
RELATORS’ RESPONSE TO REAL PARTIES IN INTEREST’S
UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE
RESPONSE TO PETITION FOR WRIT OF MANDAMUS
Relators Ocampo Partners, Ltd. (“Ocampo”), Belco Equities, Inc. (“Belco”),
Riverhorse Equities II, Ltd. (“Riverhorse II”), and Douglas McDermott, as Trustee
of the Rudy Belton Management Trust u/t/a Dated May 5, 2015 (“McDermott”),
respond to Real Parties in Interest’s Motion for Extension of Time to File
Response to Petition for Writ of Mandamus in order to advise the Court of and to
clarify Relators’ position in relation to the Real Parties In Interest’s Motion.
Relators do not oppose the two-week extension requested by the Real Parties in
Interest in the Motion, provided that the Court also stays all discovery, pursuant to
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Relators’ Emergency Motion for Temporary Relief granted by the Court on
December 29, 2017, for an additional two weeks (from January 22, 2018 to
February 5, 2018). The Real Parties in Interest do not oppose the two-week stay of
all discovery in the underlying dispute.
Relators further request any other relief to which they may be entitled.
Respectfully submitted,
By: /s/ Geoffrey D. Weisbart
Geoffrey D. Weisbart
Texas Bar No. 21102645
gweisbart@wshllp.com
Mia A. Storm
Texas Bar No. 24078121
mstorm@wshllp.com
Matt C. Wood
Texas Bar No. 24066306
mwood@wshllp.com
WEISBART SPRINGER HAYES LLP
212 Lavaca Street, Suite 200
Austin, Texas 78701
512.652.5780
512.682.2074 fax
ATTORNEYS FOR OCAMPO PARTNERS,
LTD., BELCO EQUITIES, INC. AND
RIVERHORSE EQUITIES II, LTD.
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By: /s/ Randall C. Owens
Jason S. Scott
State Bar No. 24029228
jsscott@ohkslaw.com
OSBORNE, HELMAN, KNEBEL & SCOTT, LLP
301 Congress Avenue, Suite 1910
Austin, Texas 78701
Telephone: (512) 542-2028
Facsimile: (512) 542-2011
Randall C. Owens
State Bar No. 15380700
owens@wrightclose.com
WRIGHT & CLOSE, L.L.P.
One Riverway, Suite 2200
Houston, Texas 77056
(713) 572-4321
(713) 572-4320 fax
ATTORNEYS FOR DEFENDANT DOUGLAS
MCDERMOTT AS TRUSTEE OF THE RUDY
BELTON MANAGEMENT TRUST
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CERTIFICATE OF SERVICE
In compliance with Rule 9.5(a), 9.5(d) and 9.5(e) of the Texas Rules of
Appellate Procedure, the undersigned attorney certifies that a true and correct copy of
the foregoing has been served upon the below-named individuals as indicated below as
prescribed by Rule 9.5(b) of the Texas Rules of Appellate Procedure on January 5,
2018.
Eric Taube
Jamie McGonigal
WALLER LANSDEN DORTCH & DAVIS LLP
100 Congress Avenue, Suite 1800
Austin, Texas 78701
512.685.6400
512.685.6417 fax
eric.taube@wallerlaw.com
jamie.mcgonigal@wallerlaw.com
ATTORNEYS FOR REAL PARTIES IN INTEREST / PLAINTIFFS
Daniel R. Richards
Clark Richards
Daniel Riegel
RICHARDS RODRIGUEZ & SKEITH, LLP
816 Congress Avenue, Suite 1200
Austin, Texas 78701
512.476.0005
512.476.1513 fax
drichards@rrsfirm.com
crichards@rrsfirm.com
driegel@rrsfirm.com
ATTORNEYS FOR OTHER DEFENDANT DOUGLAS MCDERMOTT, INDIVIDUALLY
/s/ Geoffrey D. Weisbart
Geoffrey D. Weisbart
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in Re Ocampo Partners, Ltd., Belco Equities, Inc., Riverhorse Equities II, Ltd., and Douglas McDermott as Trustee of the Rudy Belton Management Trust
Combined Opinion