Evelyn Garza, Individually, and on Behalf of Ruben Roberto Garza, Malorie Elissa Garza, Valerie Marie Garza, and Alice Hernandez Garza v. Adrian Darius Samuel, RDL Energy Services, LP, RDL Energy, LLC and JPH Holdings, LLC ( 2023 )

ACCEPTED 08-21-00044-CV EIGHTH COURT OF APPEALS EL PASO, TEXAS 08-21-00044-CV 1/25/2023 10:19 AM ELIZABETH G. FLORES CLERK No. 08-21-00044-CV FILED IN 8th COURT OF APPEALS In The EL PASO, TEXAS 1/25/2023 10:19:11 AM COURT OF APPEALS ELIZABETH G. FLORES Clerk EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS EVELYN GARZA, INDIVIDUALLY, AND ON BEHALF OF RUBEN ROBERTO GARZA, DECEASED, MALORIE ELISSA GARZA, VALERIE MARIE GARZA, AND ALICE HERNANDEZ GARZA, Appellants, v. RDL ENERGY SERVICES, LLC AND JPH HOLDINGS, LLC, Appellees. On Appeal from 112th District Court Crockett County, Texas Trial Court Cause No. 19-02-07955-CV APPELLEE JPH HOLDINGS, LLC’S UNOPPOSED MOTION FOR SECOND EXTENSION OF TIME TO FILE MOTION FOR REHEARING TO THE HONORABLE EIGHTH COURT OF APPEALS: Pursuant to Tex. R. App. P. 10 and 49.9, Appellee JPH Holdings, LLC files this Unopposed Motion for Second Extension of Time to File Motion for Rehearing. In light of the Court’s ruling on the RDL Appellees’ Second Motion for Extension, JPH requests the same extension until February 17, 2023, to file a motion for rehearing. JPH respectfully shows as follows: 1. On December 20, 2022, this Court issued its judgment and opinion in this appeal. 2. JPH now requests an extension until February 17, 2023, to file a motion for rehearing because of its appellate counsel’s following recent and upcoming responsibilities, in addition to counsel’s traveling to San Antonio on January 19-20, 2023 for an officers and council meeting of the State Bar of Texas Appellate Section:  Preparing appellee brief in Cause 14-22-00544-CV, Roe v. Ferrer Poirot Wansbrough Feller Daniel & Abney, in the Fourteenth Court of Appeals, Texas, presently due February 1, 2023.  Preparing motion for summary judgment in Cause No. DC-19-04611, Wells v. Bosson, LLC, in the 44th District Court, Dallas County, Texas, presently due January 31, 2023.  Attending hearing regarding objections to proposed order on settlement apportionment in Cause No. 19-DCV-259569, Olson v. Liberty Mutual Insurance Company, in the 458th District Court, Fort Bend County, Texas, on February 1, 2023. 2  Traveling to and attending status conference in Cause No. S-19-5852-CV- C, Taft ISD v. Liberty Surplus Insurance Corp., in the 343rd District Court, San Patricio County, Texas, on February 7, 2023. 3. This request is not made only for purposes of delay but so that justice may be served. Appellants’ counsel has generously indicated he is unopposed to this request. PRAYER For the foregoing reasons, Appellee JPH Holdings, LLC respectfully requests that the time for filing its motion for rehearing be extended until February 17, 2023, and for any other relief in law or equity to which it is entitled. Respectfully submitted, THOMPSON, COE, COUSINS & IRONS, L.L.P. By: /s/ Andrew L. Johnson Andrew L. Johnson Texas State Bar No. 24060025 William R. Moye State Bar No. 24027553 Molly L. Pela State Bar No. 24046606 One Riverway, Suite 1400 Houston, TX 77056 Telephone: (713) 403-8205 Telecopy: (713) 403-8299 ajohnson@thompsoncoe.com wmoye@thompsoncoe.com mpela@thompsoncoe.com COUNSEL FOR APPELLEE, JPH HOLDINGS, LLC 3 CERTIFICATE OF CONFERENCE I conferred with counsel for appellants, and they are unopposed to this requested extension. /s/ Andrew L. Johnson ANDREW L. JOHNSON CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was sent pursuant to the Rules on January 25, 2023 to all counsel of record. /s/ Andrew L. Johnson ANDREW L. JOHNSON 4 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Crystal Carrier on behalf of Andrew Johnson Bar No. 24060025 ccarrier@thompsoncoe.com Envelope ID: 72125350 Status as of 1/25/2023 1:53 PM MST Case Contacts Name BarNumber Email TimestampSubmitted Status William R.Moye WMoye@thompsoncoe.com 1/25/2023 10:19:11 AM SENT Andrew Johnson ajohnson@thompsoncoe.com 1/25/2023 10:19:11 AM SENT Molly L.Pela MPela@thompsoncoe.com 1/25/2023 10:19:11 AM SENT Stephen Ballantyne 24053759 patrick@lahoodnorton.com 1/25/2023 10:19:11 AM SENT Desi Martinez 24053342 desi.martinez@martinez-law.com 1/25/2023 10:19:11 AM SENT Andrew Petersen 24059226 apetersen@zgblaw.com 1/25/2023 10:19:11 AM SENT Ronald E. Mendoza 13937700 rmendoza@lawdcm.com 1/25/2023 10:19:11 AM SENT William Moye wmoye.service@thompsoncoe.com 1/25/2023 10:19:11 AM SENT Associated Case Party: RDL Energy Services, LLC Name BarNumber Email TimestampSubmitted Status Jessica Z.Barger barger@wrightclosebarger.com 1/25/2023 10:19:11 AM SENT Lisa Wright lwright@wrightclosebarger.com 1/25/2023 10:19:11 AM SENT Eric Boettcher boettcher@wrightclosebarger.com 1/25/2023 10:19:11 AM SENT