Andrew T. Vo, Individually and D/B/A Larry Vo, Viet Le, Tam Van Le and Vo-Le, Inc. v. Ho Kim Doan ( 2015 )

ACCEPTED
14-14-00994-CV
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
7/2/2015 4:46:35 PM
CHRISTOPHER PRINE
CLERK
CASE NO. 14-14-00994-CV
IN THE FOURTEENTH COURT OF APPEALS
FILED IN
14th COURT OF APPEALS
HOUSTON, TEXAS HOUSTON, TEXAS
7/2/2015 4:46:35 PM
ANDREW T. VO, INDIVIDUALLY AND D/B/A LARRY VO,
CHRISTOPHER A. PRINE
VIET LE, TAM VAN LE AND VO-LE, INC. Clerk
Appellants,
V.
HO KIM DOAN
Appellee.
ON APPEAL FROM THE 129TH JUDICIAL DISTRICT
IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS
CASE NO. 2007-19358
APPELLANTS’ FIRST UNOPPOSED MOTION FOR EXTENSION
OF TIME TO FILE ORIGINAL BRIEF
Marguerite K. Kingsmill (Bar No. 00788902)
Christy R. Bergeron (Bar No. 24044582)
Thomas P. Henican (Bar No. 24075926)
KINGSMILL RIESS, L.L.C.
201 St. Charles Avenue, Suite 3300
New Orleans, Louisiana 70170-3300
Telephone: (504) 581-3300
Telecopier: (504) 581-3310
Attorneys for Appellants, Andrew T. Vo d/b/a
Larry Vo, Andrew T. Vo, Viet Le, Tam Van Le
and Vo-Le Inc.
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TO THE HONORABLE FOURTEENTH COURT OF APPEALS:
Pursuant to Tex. R. App. P., 10.1, 10.5(b) and 38.6(d), appellants, Andrew T. Vo,
individually and d/b/a Larry Vo, Viet Le, Tam Van Le and Vo-Le, Inc. (collectively,
“Appellants”), file this first and unopposed motion for a thirty-day extension of time to file their
original brief, and in support of this Motion, respectfully submit the following:
Appellants’ original brief is currently due on July 9, 2015.
Appellants request a thirty (30) day extension of time to file their brief, making the brief
due on August 8, 2015. This is the first request for extension of time to file their original brief,
or any brief in this Court.
Counsel for Appellants relies on the following reasons, in addition to the routine matters
that counsel must attend to in daily practice and in handling his current heavy caseload, to
explain the need for the requested extension:
Undersigned counsel, Thomas P. Henican, has been the primary handling attorney for
Appellants in this case. Over the past few months, he has been dealing with serious medical
issues and emergencies involving his father, C. Ellis Henican, Jr., who is battling cancer and
heart problems, which have adversely impacted the preparation of Appellants’ original brief;
Chuck Colvin, another attorney employed by Kingsmill Riess, the law firm representing
Appellants, is battling throat cancer, which has resulted in his being unable to work for extended
periods of time and increased the caseload for other attorneys associated with the firm, including
undersigned counsel, and further impacted preparation of Appellants’ original brief;
Counsel for Appellants has been preparing appellate briefs in the following cases:
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Blake International U.S.A. Rigs, L.L.C. v. State of Louisiana, Directly and Through The
Louisiana Department of Economic Development, No. 2015-CA-0164, First Circuit Court of
Appeal, State of Louisiana; and
Cashman Equipment Company v. Boh Bros. Construction Co., L.L.C., No. 15-30038, in the
United States Court of Appeals for the Fifth Circuit.
In addition, undersigned counsel is lead/handling attorney in the following federal cases
which are set for trial in October and November, 2015, respectively:
Cross Holdings, Inc. v. LLFC Corporation and Laserline Lease Finance Corporation, Civil
Action No. 2:15-cv-00651, Section “I”, Mag. (3), United States District Court, Eastern District
of Louisiana; and
Michelle Collins, individually and as Personal Representative of Decedent, Michael Collins v.
A.B.C. Marine Towing, L.L.C. and Board of Commissioners Port of New Orleans, Civil Action
No. 2:14-cv-1900 C/W 2:14-cv-2100, Section “L”, Mag. (3), United States District Court,
Eastern District of Louisiana.
Counsel for Appellants seeks this extension of time to be able to prepare a cogent and
succinct brief to aid this Court in its analysis of the issues presented. This request is not sought
for delay but so that justice may be done.
The undersigned has conferred with opposing counsel for Appellee, and he has indicated
that he/his client does not oppose this motion. All facts recited in this motion are within the
personal knowledge of the counsel signing this motion, therefore no verification is necessary
under Texas Rule of Appellate Procedure 10.2.
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CERTIFICATE OF CONFERENCE
I certify that on July 2, 2015, I conferred with counsel for Appellee regarding this motion
and that Appellee is not opposed to this motion.
_Thomas P. Henican___________________
Thomas P. Henican, Counsel for Appellants
CERTIFICATE OF SERVICE
I certify that on July 2, 2015, I mailed a copy of this motion to the following counsel by
First Class U.S. Mail and/or forwarded a copy via e-mail:
Mark T. Murray Robert S. Kwok
Stevenson & Murray William W. Hoke
24 Greenway Plaza, Suite 750 Robert Kwok & Associates, L.L.P.
Houston, Texas 77046 6588 Corporate Dr., Suite 300
Houston, TX 77036
_Thomas P. Henican___________________
Thomas P. Henican, Counsel for Appellants
PRAYER FOR RELIEF
For the reasons set forth above, Appellants requests that this Honorable Court grant this
Appellants’ First Unopposed Motion for Extension of Time to File Original Brief and extend the
deadline for filing the Appellants’ original brief up to and including August 8, 2015. Appellants
pray for all other relief to which they may be entitled.
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Respectfully submitted:
By: Thomas P. Henican
Marguerite K. Kingsmill (Bar No. 00788902)
Christy R. Bergeron (Bar No. 24044582)
Thomas P. Henican (Bar No. 24075926)
KINGSMILL RIESS, L.L.C.
201 St. Charles Avenue, Suite 3300
New Orleans, Louisiana 70170-3300
Telephone: (504) 581-3300
Telecopier: (504) 581-3310
Attorneys for Appellants, Andrew T. Vo d/b/a
Larry Vo, Andrew T. Vo, Viet Le, Tam Van Le
and Vo-Le Inc.
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