Conrad Construction Co., Ltd v. Freedmen's Town Preservation Coalition ( 2015 )

ACCEPTED
14-15-00280-CV
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
6/17/2015 2:38:07 PM
CHRISTOPHER PRINE
CLERK
NO. 14-15-00280-CV
FILED IN
14th COURT OF APPEALS
IN THE COURT OF APPEALS HOUSTON, TEXAS
6/17/2015 2:38:07 PM
FOURTEENTH JUDICIAL DISTRICT CHRISTOPHER A. PRINE
HOUSTON, TEXAS Clerk
CONRAD CONSTRUCTION CO., LTD.
APPELLANT
VS.
FREEDMEN’S TOWN PRESERVATION COALITION,
CATHERINE ROBERTS AND GLADYS HOUSE
APPELLEES
FROM THE 80TH JUDICIAL DISTRICT COURT
OF HARRIS COUNTY, TEXAS
(TRIAL COURT CAUSE NO. 2015-02771)
APPELLEES’ AMENDED UNOPPOSED MOTION FOR LEAVE
TO FILE RESPONSE BRIEF OUT-OF-TIME
TO THE HONORABLE COURT OF APPEALS:
Appellees Freedmen’s Town Preservation Coalition, Catherine
Roberts and Gladys House file this Amended Unopposed Motion for Leave
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to File Response Brief Out-of-Time and would respectfully show the Court
the following:
1. In this interlocutory appeal from a temporary injunction entered
by the 80th Judicial District Court of Harris County, Texas, Appellant Conrad
Construction Co., Ltd. filed its initial brief on April 24, 2015. Pursuant to
Tex.R.App.Pro. 38.6(b), Appellees’ responsive brief was initially due May
13, 2015. This Court, however, granted Appellees’ Unopposed Motion for
Extension of Time to File Response Brief extending the date for Appellees
to file their brief to and through June 12, 2015.
2. On June 9, 2015, Appellees filed their Second Unopposed
Motion for Extension of Time to File Response Brief, requesting that the
Court further extend the date for filing Appellees’ Response Brief to and
through June 26, 2015, due to intermittent internet outages Appellees’
counsel suffered during and after the storms which inundated the Houston
and Harris County area during the Memorial Day holidays. That motion
has yet to be ruled upon by the Court.
3. Appellees’ counsel has now completed the Response Brief and
has efiled it with the Court simultaneously with this Motion. Appellees
accordingly request leave of the Court to file their Response Brief five days
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subsequent to its due date of June 12, 2015, as extended previously by this
Court.
4. Counsel for Appellant, Robert A. Plessala, has advised the
undersigned counsel for Appellees that he does not oppose the relief
requested by this Motion.
WHEREFORE, PREMISES CONSIDERED, Appellees respectfully request
that the Court grant Appellees leave to file their Response Brief five days
after the extended due date previously ordered by the Court.
SIGNED AND FILED this 17th day of June, 2015.
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Respectfully submitted,
THE HALL LAW FIRM
/s/William L. Van Fleet
Benjamin L. Hall III
Texas Bar No. 08743745
William L. Van Fleet II
Texas Bar No. 20494750
Kimmie R. Bennett
State Bar No. 24011946
530 Lovett Blvd.
Houston, TX 77006
(713) 942-9600 (Telephone)
(713) 942-9566 (Facsimile)
bvfleet@comcast.net
ATTORNEYS FOR APPELLEES
FREEDMEN’S TOWN PRESERVATION
COALITION, CATHERINE ROBERTS,
AND GLADYS HOUSE
CERTIFICATE OF CONFERENCE
The undersigned certifies that on June 17, 2015, he conferred with
Robert A. Plessala, counsel for Appellant Conrad Construction Co., Ltd.,
who advised that he does not oppose the relief requested in the above and
foregoing Motion.
/s/William L. Van Fleet
William L. Van Fleet II
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CERTIFICATE OF COMPLIANCE (RULE 9.4)
The undersigned certifies that the above and foregoing Motion satisfies
the requirements of Tex.R.App.P. 9.4 because the Motion contains 556
words.
/s/William L. Van Fleet II
William L. Van Fleet II
CERTIFICATE OF SERVICE
I hereby certify that on the 17th day of June, 2015, a true and correct
copy of the foregoing Motion was forwarded to counsel for Conrad
Construction Co., Ltd., Robert A. Plessala, Andrews Myers, P.C., 3900
Essex Lane, Suite 800, Houston, Texas 77027, via email at
rplessala@andrewsmyers.com.
/s/William L. Van Fleet
William L. Van Fleet II
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