Robert Primo v. Great American Insurance Company ( 2014 )

ACCEPTED
14-13-00492-CV
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
12/29/2014 3:13:39 PM
CHRISTOPHER PRINE
CLERK
NO. 14-13-00492-CV
FILED IN
th 14th COURT OF APPEALS
In the Court of Appeals for the 14 District HOUSTON, TEXAS
Houston, Texas 12/29/2014 3:13:39 PM
CHRISTOPHER A. PRINE
Clerk
ROBERT PRIMO,
Appellant,
V.
GREAT AMERICAN INSURANCE COMPANY,
Appellee.
On Appeal from the 281st Judicial District Court of Harris County, Texas
Trial Court Cause No. 2011-64653
APPELLEE’S FIRST OPPOSED MOTION TO EXTEND TIME
TO FILE A MOTION FOR EN BANC RECONSIDERATION
TO THE HONORABLE FOURTEENTH COURT OF APPEALS:
Pursuant to Rules 10.5(b) and 49.8 of the Texas Rules of Appellate
Procedure, Appellee, GREAT AMERICAN INSURANCE COMPANY, files this
its Opposed Motion to Extend Time to File a Motion for En Banc Reconsideration
(“Motion to Extend Time”), and in support thereof would respectfully show this
Court the following:
A. Current Deadline
The current deadline for filing a Motion for En Banc Reconsideration (the
“Motion”) is Friday, January 2, 2015.
B. Length of the Extension Sought
Appellee requests a thirty (30) day extension of time to file the Motion,
which, if granted, would make the Motion due on Monday, February 2, 2015.
C. Facts Explaining the Need for a 30-Day Extension
This Court issued its opinions and judgment on Thursday, December 18,
2014. As a result, Appellee’s deadline to file the Motion is Friday, January 2,
2015. Consequently, Christmas Eve, Christmas Day, New Year’s Eve and New
Year’s Day all fell between the date this Court issued its opinions/judgment and
the current deadline to file the Motion. During that time period, Appellee’s
counsel’s office will only be open for six full business days – which is not
sufficient time for Appellee or its counsel to fully analyze the opinion/judgment
and prepare the Motion before the deadline.
In addition, Appellee’s lead counsel (Stephen Venable) has family visiting
from out of state until January 2, 2015. He also has to prepare for an out of town
hearing in another matter on January 9, 2015,1 he has to draft responses to written
1
Breuer v. Brady Group, LLC, No. 268111-0 (169th Dist. Ct., Bell County, Tex.).
Appellee’s Motion to Extend Time to File a Motion for En Banc Page 2 of 5
Reconsideration
14-13-00492-CV
discovery requests served on his clients in three other matters before January 13,
2015,2 and he has to attend a mediation in another matter before January 16, 2015.3
Accordingly, due to the Christmas/New Year’s holidays and the demands of
other personal and professional matters upon its lead counsel in late December
2014 and early January 2015, Appellee respectfully requests a 30-day extension of
time to and including February 2, 2015 to file the Motion. This extension is
requested to allow Appellee and its counsel sufficient time to evaluate this Court’s
opinions and judgment, and to prepare the Motion. The requested extension is not
sought for purposes of delay, but so that justice may be done.
Appellee’s counsel conferred with pro se Appellant on December 29, 2014,
and Appellant advised he is opposed to the relief sought in this motion.
D. No Previous Extensions Sought or Granted
No previous extensions have been sought or granted with respect to this
deadline.
PRAYER FOR RELIEF
Wherefore premises considered, Appellee prays that this Court grant the
Motion to Extend Time and that Appellee’s deadline for filing a Motion for En
2
Formosa Plastics Corp. U.S.A. v. Palacios Marine & Industrial Coatings, Inc., No. 14-08-
2242 (135th Dist. Ct., Calhoun County, Tex.); Williams v. Colvin, No. 2013-61612 (269th
Dist. Ct, Harris County, Tex.); Expedited Logistics and Freight Services, LLC vs.
Underwriters at Lloyd’s London, No. 2014-63826 (125th Dist. Ct., Harris County, Tex.).
3
Will. v. Colvin, No. 2013-61612 (269th Dist. Ct, Harris County, Tex.)
Appellee’s Motion to Extend Time to File a Motion for En Banc Page 3 of 5
Reconsideration
14-13-00492-CV
Banc Reconsideration be extended through and including February 2, 2015.
Appellee also prays for such other relief to which it may be justly entitled.
Respectfully submitted,
WALKER WILCOX MATOUSEK LLP
By: /s/ Stephen O. Venable
Stephen O. Venable
State Bar of Texas I.D. #24056471
1001 McKinney Street, Suite 2000
Houston, Texas 77002
Telephone: (713) 654-8001
Telecopy: (713) 343-6571
Email: svenable@wwmlawyers.com
ATTORNEYS FOR APPELLEE
Appellee’s Motion to Extend Time to File a Motion for En Banc Page 4 of 5
Reconsideration
14-13-00492-CV
CERTIFICATE OF CONFERENCE
On December 29, 2014, I certify that I spoke with Robert Primo, pro se
Appellant, and he advised me that he was opposed to the relief sought in this
motion.
/s/ Stephen O. Venable
Stephen O. Venable
CERTIFICATE OF SERVICE
This is to certify, pursuant to Rules 6.3 and 9.5 of the Texas Rules of
Appellate Procedure, a true and correct copy of the foregoing Motion to Extend
Time has been forwarded on the 29th day of December, 2014 to:
Robert Primo, D.D.S. – Facsimile & Electronic Filing Manager
5023 Grape Street
Houston, Texas 77096
/s/ Stephen O. Venable
Stephen O. Venable
Appellee’s Motion to Extend Time to File a Motion for En Banc Page 5 of 5
Reconsideration
14-13-00492-CV