Glenn Beckendorff, in His Official Capacity as Waller County Judge, Frank Pokluda, in His Official Capacity as Waller County Precinct Two Commissioner, and Stan Kitzman, in His Official Capacity as Waller County Precinct Four Commissioner v. City of Hempstead, Texas, Citizens Against the Landfill in Hempstead, Pintail Landfill, LLC, and Waller County, Texas ( 2015 )


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  •                                                                                       ACCEPTED
    01-15-00523-CV
    FIRST COURT OF APPEALS
    HOUSTON, TEXAS
    6/15/2015 11:41:11 AM
    CHRISTOPHER PRINE
    CLERK
    NO. 01-15-00523-CV
    In the Court of Appeals                 FILED IN
    1st COURT OF APPEALS
    For the First District of Texas         HOUSTON, TEXAS
    6/15/2015 11:41:11 AM
    at Houston, Texas             CHRISTOPHER A. PRINE
    Clerk
    GLENN BECKENDORFF, IN HIS OFFICIAL CAPACITY AS WALLER
    COUNTY JUDGE, FRANK POKLUDA, IN HIS OFFICIAL CAPACITY AS
    WALLER COUNTY PRECINCT TWO COMMISSIONER,
    and STAN KITZMAN,
    Appellants
    v.
    CITY OF HEMPSTEAD, TEXAS and CITIZENS AGAINST THE LANDFILL
    IN HEMPSTEAD and PINTAIL LANDFILL, INC., Appellees
    On Appeal from the 506th Judicial District Court
    of Waller County, Texas
    Trial Court Cause No. 13-03-21872
    MOTION FOR EXTENSION OF TIME TO
    RESPOND TO MOTIONS
    TO THE HONORABLE JUDGE OF SAID COURT:
    NOW COME Appellants, Glenn Beckendorff, in his official capacity as
    Waller County Judge, Frank Pokluda, in his official capacity as Waller County
    Precinct Two Commissioner, and Stan Kitzman, and move the Court for an
    extension of time to file their Response to Appellee’s Motion to Show
    Authority, Motion for Damages Under Texas Rule of Appellate Procedure, and
    Motion to Dismiss (hereafter referred to as “Motions”), and shows the Court
    as follows:
    The deadline to respond to the Motions is approximately June 15, 2015.
    Counsel for Appellants, David Carp, was not involved in the underlying trial
    and cannot respond to the Motions without first reviewing the Clerk’s record,
    which has not been fully filed at this time. (See attached Affidavit of David
    Carp).
    WHEREFORE, Appellants respectfully request an extension to respond
    to the Motions until 30 days after the date the Clerk’s record is filed with the
    Court so that counsel may have adequate time to review the record and file
    appropriate responses to the Motions.
    Dated: June 15, 2015                       Respectfully submitted,
    By:     /s/ David A. Carp
    David A. Carp
    TBN: 03836500
    Herzog & Carp
    427 Mason Park Boulevard
    Katy, Texas 77450
    713.781.7500 Phone
    713.781.4797 Fax
    dcarp@hcmlegal.com
    Attorneys for Appellants
    Page 2 of 3
    CERTIFICATE OF SERVICE
    I hereby certify that on June 15, 2015 a true and correct copy of the
    foregoing Motion for Extension to Respond to Motions, was delivered via e-
    service to the following:
    James P. Allison                   Brent W. Ryan, Esq.
    J. Eric Magee                      McElroy, Sullivan & Miller, LLP
    Allison, Bass & Magee, LLP         P.O. Box 12127
    A. O. Watson House                 Austin, TX 78711
    th
    402 W. 12 Street                   Attorneys for Pintail Landfill, LLC
    Austin, Texas 78701
    Attorneys for Waller County, Texas
    and Waller County Commissioners Court
    Terry L. Scarborough                    Eric Farrar, Esq.
    Michael L. Woodward                     Olson & Olson, LLP
    V. Blayre Pena                          Wortham Tower, Suite 600
    Hance Scarborough, LLP                  2727 Allen Parkway
    400 W 15th #950                         Houston, Texas 77019
    Austin, Texas 78701                     Attorneys for City of Hempstead
    Carol A. Chaney
    Law Office of Carol A. Chaney
    820 13th Street
    P.O. Box 966
    Hempstead, Texas 77445
    Attorneys for Citizens Against
    the Landfill in Hempstead
    /s/ David A. Carp
    David A. Carp
    Page 3 of 3
    

Document Info

Docket Number: 01-15-00523-CV

Filed Date: 6/15/2015

Precedential Status: Precedential

Modified Date: 9/29/2016