Mose A. Guillory and Mary Guillory v. Seaton LLC D/B/A Staff Management ( 2015 )

ACCEPTED
01-14-00379-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
8/31/2015 12:00:00 AM
CHRISTOPHER PRINE
CLERK
CAUSE NO. 01-14-00379-CV
FILED IN
1st COURT OF APPEALS
IN THE FIRST COURT OF APPEALS HOUSTON, TEXAS
AT HOUSTON, TEXAS 8/29/2015 3:22:58 PM
CHRISTOPHER A. PRINE
Clerk
MOSE A. GUILLORY and MARY GUILLORY,
Appellants,
v.
SEATON, L.L.C., d/b/a STAFF MANAGEMENT,
Appellees.
On Appeal from the 113th Judicial District Court of Harris County, Texas
Cause No. 2012-61407A
APPELLANTS’ UNOPPOSED MOTION TO EXTEND TIME TO FILE
MOTION FOR REHEARING PURSUANT TO TEX. R. APP. P. 49.8
Bradford J. Gilde, Lead Counsel Collyn A. Peddie, Counsel Withdrawn
Tex. Bar No. 24045941 Tex. Bar No. 1507300
GILDE LAW FIRM LAW OFFICES OF COLLYN PEDDIE
55 Waugh Dr., Suite 800 440 Louisiana Street, Suite 900
Houston, Texas 77007 Houston, Texas 77002-4205
(281) 973-2772 (713) 236-7783
bjg@gildelawfirm.com cp@collynpeddie
Mike Gallagher, Counsel Withdrawn David P. Matthews, Counsel Withdrawn
THE GALLAGHER LAW FIRM MATTHEWS & ASSOCIATES
2905 Sackett St. 2905 Sackett St.
Houston, Texas 77098 Houston, Texas 77098
(713) 238-7705 (713) 522-5250
Appellants’ Unopposed Motion to Extend Time to File Motion for Rehearing 1
Pursuant to TEX. R. APP. P. 49.8
COME NOW Appellants, MOSE GUILLORY and MARY GUILLORY and
pursuant to TEX. R. APP. P. 49.8, file this Appellants’ Unopposed Motion to Extend
Time to File Motion for Rehearing (“Motion”).
1. Appellants are MOSE A. GUILLORY and MARY GUILLORY.
2. Appellees are SEATON, L.L.C., d/b/a STAFF MANAGEMENT.
3. On August 6, 2015, this Court issued an opinion that affirmed the trial
court’s ruling. Under TEX. R. APP. P. 49.1, the original last date for filing a motion
for panel rehearing or rehearing en banc was August 21, 2015.
4. Appellants require additional time to file their motion for rehearing because
Appellants are currently searching for new appellate counsel. Appellants’ previous
appellate counsel, Collyn Peddie, has withdrawn since this Court’s opinion was
issued on August 6, 2015. In addition, trial counsel Mike Gallagher and David P.
Matthews have also both withdrawn. Since counsels’ withdrawal, Appellants have
been diligently searching for new appellate counsel.
5. Appellants file this Motion within the 15-day period of TEX. R. APP. P. 49.8
to file a motion to extend the deadline for filing a motion for rehearing.
6. At this time, Appellants are still searching and have yet to formally retain
new appellate counsel. They hope to have new appellate counsel retained within
the next week. Consequently, Appellants respectfully request an additional 21 days
Appellants’ Unopposed Motion to Extend Time to File Motion for Rehearing 2
Pursuant to TEX. R. APP. P. 49.8
from the date of this extension motion, September 18, to file any motion for
rehearing.
7. No extension has previously been requested or granted to extend the time to
file a motion for rehearing in this case.
8. Appellants do not attach an affidavit to this motion because the facts set
forth are within the personal knowledge of the attorney signing this motion. TEX.
R. APP. P. 10.2.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellants respectfully
request that this Court grant Appellant’s motion and extend Appellant’s deadline to
file any motion for rehearing to Friday, September 18, 2015. Appellants pray for
such other relief to which they have shown themselves justly entitled.
Respectfully Submitted,
___________________________
Bradford J. Gilde
Tex. Bar No. 24045941
GILDE LAW FIRM, PLLC
55 Waugh Dr., Suite 800
Houston, Texas 77007
(281) 973-2772
bjg@gildelawfirm.com
ATTORNEY FOR APPELLANTS
Appellants’ Unopposed Motion to Extend Time to File Motion for Rehearing 3
Pursuant to TEX. R. APP. P. 49.8
CERTIFICATE OF CONFERENCE
Counsel for Appellants and Counsel for Appellees conferred on the 27th and
28th of August, 2015 regarding this Motion, and Appellees are in agreement with
the relief requested herein.
___________________________
Bradford J. Gilde
CERTIFICATE OF SERVICE
The undersigned certifies that on the 29th day of August, 2015, a true and
correct copy of the foregoing was forwarded in accordance with the Texas Rules of
Appellate Procedure to the following counsel of record:
VIA Electronic Service:
William F. Dolan Thomas R. Phillips
(pro hac vice) TX Bar No. 00000102
Jones Day Baker Botts L.L.P.
77 West Wacker 1500 San Jacinto Center
Chicago, IL 60601 98 San Jacinto Blvd.
Tel: 312-782-3939 Austin, TX 78701-4078
Fax: 312-782-8585 Tel: 512-322-2565
wdolan@jonesday.com Fax: 512-322-8362
tom.phillips@bakerbotts.com
Elizabeth G. Meyers Macey Reasoner Stokes
TX Bar No. 24047767 TX Bar No. 00788253
Jones Day Baker Botts L.L.P.
Appellants’ Unopposed Motion to Extend Time to File Motion for Rehearing 4
Pursuant to TEX. R. APP. P. 49.8
717 Texas, Suite 3300 910 Louisiana Street
Houston, Texas 77002 Houston, TX 77002
Tel: 832-239-3939 Tel: 713-229-1369
Fax: 832-239-3600 Fax: 713-229-7869
egmyers@jonesday.com macey.stokes@bakerbotts.com
___________________________
Bradford J. Gilde
Appellants’ Unopposed Motion to Extend Time to File Motion for Rehearing 5
Pursuant to TEX. R. APP. P. 49.8