Gopikrishna P. Doraiswamy v. Piping Technology & Products, Inc. ( 2015 )

ACCEPTED
14-15-00007-cv
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
7/1/2015 12:40:32 PM
CHRISTOPHER PRINE
CLERK
NO. 14-15-00007-CV
__________________________________________
FILED IN
14th COURT OF APPEALS
IN THE HOUSTON, TEXAS
FOURTEENTH COURT OF APPEALS 7/1/2015 12:40:32 PM
HOUSTON, TEXAS CHRISTOPHER A. PRINE
___________________________________________ Clerk
GOPIKRISHNA P. DORAISWAMY
Appellant,
v.
PIPING TECHNOLOGY & PRODUCTS, INC.,
Appellee.
______________________________________
On Appeal from the 333rd Judicial District Court of
Harris County, Texas
Trial Court No. 2014-53760
______________________________________
APPELLEE’S OPPOSED SECOND MOTION TO EXTEND TIME
TO FILE APPELLEE’S BRIEF
______________________________________
TO THE HONORABLE FOURTEENTH COURT OF APPEALS:
Appellee, PIPING TECHNOLOGY & PRODUCTS, INC. (“Appellee”), in
accordance with Texas Rules of Appellate Procedure 38.6(d) and 10.5(b), requests
this Court to extend time to file Appellee’s brief in this cause for fourteen (14)
days:
1. On December 10, 2014, the trial court granted a temporary injunction in
favor of Appellee in cause no. 2014-53760. On December 30, 2014, Appellant
filed a notice of accelerated appeal.
2. After three extensions of time to file Appellant’s opening brief, Appellant
filed his brief with this Court on April 30, 2015.
3. Appellee’s response brief is currently due to be filed on or before July 6,
2015.
4. This motion seeks an extension of time of fourteen (14) days, up to and
including July 20, 2015. Appellee previously sought one extension in this matter.
5. As grounds for the extension, counsel for Appellee PIPIING
TECHNOLOGY & PRODUCTS, INC. states the following. Appellee’s counsel
has been unable to complete the brief by the current deadline due to his
involvement in the following matters, which have required immediate attention:
(a) Preparation for federal jury trial to commence on July 24; C.A. No.
4-13-cv-2694; Derousalle Mosley v. FNU, et al.; In the United
States District Court for the Southern District of Texas, Houston
Division;
(b) Preparation of Appellee’s Brief – No. 15-1878; Gateway Customer
Solutions, LLC v. GC Services Limited Partnership; in the United
States Court of Appeals for the Eighth Circuit;
(c) Attend deposition on July 5; Cause No. 33354; Navasota Oilfield
Services, Inc. v. Christopher Acklin; in the 12th District Court of
Grimes County, Texas;
(d) Attend depositions on July 7, 10, and 13; Cause No. 2014-70363;
Page Southerland Page, et al v. Jag Holdings, Inc., et al; in the
133rd Judicial District of Harris County, Texas;
(e) Prepare for and attend meditation; C.A. No. 4:14-cv-03073; Linda
Donnie v. Central United Life. Ins.; in the United States District Court
for the Southern District of Texas, Houston Division; and
(f) Attend depositions in San Diego, California on July 17 – 20; C.A.
4:15-cv-01112; Bowen, Miclette & Britt Insurance Agency, LLC vs.
Alliant Insurance Services, Inc.; in the United States District Court for
the Southern District of Texas, Houston Division.
6. Appellee seeks this extension not for delay, but for good cause to allow
counsel sufficient time to prepare Appellee’s brief.
PRAYER
For the above reasons, Appellee, PIPIING TECHNOLOGY & PRODUCTS,
INC., respectfully requests this Court to grant an extension of time to file
Appellee’s brief up to and including July 20, 2015. Appellee further requests
general relief.
Respectfully submitted,
CHAMBERLAIN, HRDLICKA, WHITE,
WILLIAMS & AUGHTRY
By: /s/ William S. Helfand
William S. Helfand
SBOT: 09388250
bill.helfand@chamberlainlaw.com
C. Larry Carbo III
SBOT: 24031916
larry.carbo@chamberlainlaw.com
Ryan S. MacLeod
SBOT: 24068346
Ryan.macleod@chamberlainlaw.com
1200 Smith Street, Suite 1400
Houston, Texas 77002
(713) 654-9630
(713) 658-2553 (Fax)
ATTORNEYS FOR PIPING TECHNOLOGY
& PRODUCTS, INC.
CERTIFICATE OF CONFERENCE
As required by TEX. R. APP. P. 10.1(a)(5), the undersigned certifies that he
reasonably attempted to confer with counsel for Appellant by email and telephone
on July 1, 2015, regarding whether Appellant is opposed to the relief sought
herein.
/s/ Ryan S. MacLeod
Ryan S. MacLeod
CERTIFICATE OF SERVICE
I hereby certify that the foregoing document has been filed in the office of
the Clerk of the Fourteenth Court of Appeals and a true and correct copy of same
has been provided to counsel listed below in a manner consistent with the Texas
Rules of Appellate Procedure on this 1st day of July, 2015.
TRACEY N. ELLISON
SBOT: 15054720
KELLEY M. KELLER
SBOT: 11198240
5120 Woodway Dr., Suite 6019
Houston, Texas 77056
Telephone: (713)266-8218
Facsimile: (713)266-8201
tellison@ellison-keller.com
/s/William S. Helfand
William S. Helfand
1928346.1
004286..000003