the Petroleum Workers Union of the Republic of Mexico v. James Gomez, as Receiver for Arriba Limited ( 2015 )


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  •                                                                                     ACCEPTED
    14-14-00807-cv
    FOURTEENTH COURT OF APPEALS
    HOUSTON, TEXAS
    5/22/2015 5:55:27 PM
    CHRISTOPHER PRINE
    CLERK
    No. 14-14-00807-CV
    ___________________________________________
    FILED IN
    14th COURT OF APPEALS
    IN THE COURT OF APPEALS            HOUSTON, TEXAS
    FOR THE FOURTEENTH DISTRICT OF TEXAS    5/22/2015 5:55:27 PM
    CHRISTOPHER A. PRINE
    ___________________________________________      Clerk
    THE PETROLEUM WORKERS UNION OF THE REPUBLIC OF MEXICO,
    APPELLANT
    V.
    JAMES GOMEZ, AS RECEIVER FOR ARRIBA LIMITED, AND CARLOS RYERSON,
    APPELLEES
    &
    No. 14-14-00834-CV
    ___________________________________________
    IN THE COURT OF APPEALS
    FOR THE FOURTEENTH DISTRICT OF TEXAS
    ___________________________________________
    CARLOS RYERSON,
    APPELLANT
    V.
    THE PETROLEUM WORKERS UNION OF THE REPUBLIC OF MEXICO,
    APPELLEES
    ___________________________________________
    On Appeal from the 281st Judicial District Court
    Harris County, Texas, the Hon. Sylvia A. Matthews presiding
    Trial Court Cause No. 1985-35446-AC
    ___________________________________________
    SECOND AGREED MOTION TO EXTEND TIME
    TO FILE BRIEFS AS APPELLANTS
    TO THE HONORABLE FOURTEENTH COURT OF APPEALS:
    All parties to these appeals—Appellant/Cross-Appellee The Petroleum
    Workers    Union    of   the   Republic       of   Mexico   (the   “Union”);   Cross-
    Appellant/Appellee James Gomez, as Receiver for Arriba Limited (“Arriba”); and
    Appellant/Appellee Carlos Ryerson—jointly request a 14-day extension of time to
    file their respective Briefs as Appellants, and would respectfully show the Court as
    follows:
    All appellants’ respective opening briefs are currently due May 27, 2015.
    The parties jointly request a 14-day extension of time to file their briefs, making
    these briefs due Wednesday, June 10, 2015. This is the parties’ second request for
    an extension of time regarding their briefs as appellants, as the Court previously
    granted the parties’ agreed motion to enter a briefing schedule. At this time, the
    parties are not seeking modification of the current deadlines for filing their briefs
    as appellees (August 25, 2015) or reply briefs (October 9, 2015).
    Counsel for the Union needs additional time to prepare and file its brief
    because its counsel has been working to comply with concurrent deadlines in trial
    and appellate matters, including participating in a 7-day trial in Nueces County that
    concluded on May 19, 2015. Counsel for Ryerson also needs additional time
    because he has been working to comply with concurrent deadlines in other matters.
    2
    Counsel for Arriba has no objection, does not oppose, and therefore joins in this
    motion to extend time. The parties also desire to keep the briefing deadlines for all
    appellants consistent. In addition, both the Union and Arriba have had to request
    that the district court clerk prepare and file a supplemental clerk’s record
    containing documents that were originally requested but not included in the clerk’s
    record. To the extent the clerk has not supplemented the record as requested, or as
    may be subsequently requested, before the proposed June 10, 2015 deadline, the
    parties will not object to any party filing an opening brief on June 10 with citations
    to the imaged documents at the district court that were omitted from the clerk’s
    record, and then filing a subsequent supplemental brief to include citations to the
    supplemental clerk’s record once it has been transmitted by the clerk.
    PRAYER
    Appellant/Cross-Appellee The Petroleum Workers Union of the Republic of
    Mexico; Cross-Appellant/Appellee James Gomez, as Receiver for Arriba Limited;
    and Appellant/Appellee Carlos Ryerson respectfully request that the Court grant
    this joint motion and extend the deadline for each party to file its respective brief
    as appellant until Wednesday, June 10, 2015.
    3
    Respectfully submitted,
    /s/ Michael Choyke
    Paul Simon
    State Bar No. 24003276
    SIMON HERBERT & MCCLELLAND, LLP
    3411 Richmond Ave., Ste. 400
    Houston, Texas 77046
    (713) 987-7100
    (713) 987-7120 (fax)
    psimon@shmsfirm.com
    Michael Choyke
    State Bar No. 00793504
    WRIGHT & CLOSE, LLP
    One Riverway, Suite 2200
    Houston, Texas 77056
    (713) 572-4321
    (713) 572-4320 (fax)
    choyke@wrightclose.com
    ATTORNEYS FOR
    THE PETROLEUM WORKERS
    UNION OF THE REPUBLIC
    OF MEXICO
    /s/ Michael J. Perez (by permission)
    Michael J. Perez
    PEREZ & WILSON, LLP
    750 B Street, Suite 3300
    San Diego, California 92101
    (619) 741-0282
    (619) 460-0437 (fax)
    perez@perezwilson.com
    Steven Ward Williams
    SMITH SOVIK KENDRIG & SUGRET, PC
    250 S. Clinton Street, Suite 600
    Syracuse, New York 13202
    (315) 474-2911
    4
    (315) 474-6015 (fax)
    swilliams@smithsovik.com
    Brian A. Calhoun
    State Bar No. 24044827
    CALHOUN, BHELLA, & SECHREST, LLP
    325 N. St. Paul St., Suite 2300
    Dallas, Texas 75201
    (214) 981-9258
    (214) 981-9203 (fax)
    bcalhoun@cbsattorneys.com
    ATTORNEYS FOR
    JAMES GOMEZ, AS RECEIVER
    FOR ARRIBA LIMITED
    /s/ Carlos Ryerson (by permission)
    Carlos Ryerson
    State Bar No. 17492500
    RYERSON & ASSOCIATES, P.C.
    The Kirby Mansion
    2000 Smith Street
    Houston, Texas 77002-8652
    (713) 307-9900
    (832) 383-9320 (fax)
    carlos.ryerson@ryersonlaw.com
    ATTORNEYS FOR
    CARLOS RYERSON
    5
    CERTIFICATE OF CONFERENCE
    I certify that I conferred by email with Jeffrey Feasby, counsel for James
    Gomez, as Receiver for Arriba Limited, and with Carlos Ryerson, and they agree
    with this request for an extension of time.
    /s/ Michael Choyke
    Michael Choyke
    CERTIFICATE OF SERVICE
    I certify that a true and correct copy of this motion was served on all counsel
    of record electronically on May 22, 2015.
    Michael J. Perez                              Steven Ward Williams
    PEREZ & WILSON, LLP                           SMITH SOVIK KENDRIG & SUGRET, PC
    750 B Street, Suite 3300                      250 S. Clinton Street
    San Diego, California 92101                   Suite 600
    (619) 741-0282                                Syracuse, New York 13202
    (619) 460-0437 (fax)                          (315) 474-2911
    perez@perezwilson.com                         (315) 474-6015 (fax)
    swilliams@smithsovik.com
    Brian A. Calhoun                              Carlos Ryerson
    CALHOUN, BHELLA, & SECHREST, LLP              RYERSON & ASSOCIATES, P.C.
    325 N. St. Paul St., Suite 2300               The Kirby Mansion
    Dallas, Texas 75201                           2000 Smith Street
    (214) 981-9258                                Houston, Texas 77002-8652
    (214) 981-9203 (fax)                          (713) 307-9900
    bcalhoun@cbsattorneys.com                     (832) 383-9320 (fax)
    carlos.ryerson@ryersonlaw.com
    /s/ Michael Choyke
    Michael Choyke
    6
    

Document Info

Docket Number: 14-14-00807-CV

Filed Date: 5/22/2015

Precedential Status: Precedential

Modified Date: 9/29/2016