Levi Morin v. Law Office of Kleinhans Gruber, PLLC ( 2015 )

ACCEPTED
03-15-00174-CV
5663595
THIRD COURT OF APPEALS
AUSTIN, TEXAS
6/12/2015 4:11:56 PM
JEFFREY D. KYLE
CLERK
NO. 03-15-00174-CV
LEVIMORIN §
FILED IN
Appellullt, § 3rd COURT OF APPEALS
v. § AUSTIN, TEXAS
§ THIRD COURT6/12/2015 4:11:56 PM
OF APPEALS
JEFFREY D. KYLE
LAW OFFICE OF KLEINHANS § AUSTIN, TEXAS
Clerk
GRUBER, PLLC, §
Appellee. §
RESPONSE TO MORIN'S TWO MOTIONS TO EXTEND TIME
TO THE HONORABLE .JUDGE OF SAID COURT:
Now comes Appellee, LAW OFFTCE OF KLEINHANS GRUBER, PLLC, in
the above styled and numbered cause, and moves the Court to deny LEVI MORIN's
Motion for 14-day Bricting Extension and LEVT MORIN's Motion for 1-day
Briefing Extension.
In addition to the three filing deadlines missed as set forth in Appellee's April
2, 2015 pleading, LEVI MORIN has missed two additional briefing deadlines and
has failed to request extensions until after the deadlines were blown. This totals
five blown deadlines.
These deadlines arc all imposed to keep the case moving so Appellee is not
further prejudice by delay. Deadlines serve no purpose if they arc not enforced.
Appellee is significantly harmed by Appellant's failure to meet the May 27,
2015 deadline and the June 11, 20I5 deadline as each day the negative Y clp posting
LEVI MORIN V. LAW OFFICE OF KLEINHANS GRUBER, PLLC
RESPONSE TO LEVI MORIN'S TWO Mo"!"!ONS TO EXTEND TIME PAGE 1 OF 4
remains published on the intem~;;:l and t:ach day countless pot~;;:nlial clients search f(Jr
Appellee and come across this negative review and likewise, chose to hire other
counsel rather than Appellee. Just a few days ago, on a call with a Yelp
representative, the representative contirmed that Appellee's Yelp posting featuring
Appellant's negative review, was highly traffickt:d, but the traffic wasn't turning
into leads. Given Appellant's negative revi~;;:w is the only n~;;:gativc review of
Appellee anywhere on the internet, it is clear that Appellant's review is causing
Appellee significant daily financial harm.
Further, Appellee is significantly harmed as Appellee had specifically
calendared time to work on the brief on and around the days following the original
due date of May 27, 2015. Appellee's calendar was cleared from May 27, 2015
through June 3, 2015. Not having any idea when and if Appellant would be filing a
brief after blowing the May 27, 2015 deadline and the June II, 2015 deadline,
Appellee's schedule is booked and it will be significantly harmful to Appellee's
practice to have to cancel settings on other cases or delay work on other cases that
were already calendared to try to make time to respond to the untimely fikd brief.
It is also important to note that counsel for Appellant has always had excuses
for his habitual missing of deadlines, and given this is his forth and fifth missed
filing deadline, it is rdcvant to point out that Appellant has faikd to produce any
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LEVI MORIN V. LAW OFFICE OF KLEINHANS GRURF.R, PLLC
RESI'ONS" TO LIN! MORIN'S TWO MOTIONS TO EXTI':Nn TIME PA(jl·: 2 or. 4
doctor's notes or records of hospital stays.
Therefore, this Court should find that Appellee will be signiticantly harmed
by the granting of Appellant's motions for extensions to file the brief because it will
cause significant financial harm as set forth herein, likewise, this Court should deny
Appellant's motions for extension.
Respectfully submitted,
LAw OFFICE OF KLEINHANS GRUBER, PLLC
By:
K~im~b~e~r~ly````--------------
kim@lawoffi
State Bar No.
Keith L. Kleinh ns
kcith@lawofliccofkg.com
State Bar No. 24065565
12600 Hill Country Blvd, Ste. R-275
Austin, Texas 78738
Telephone: 512.961.8512
Facsimile: 512.623.7320
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LEVI MORIN V. LAW 01'FICE OF KLEINHANS GRUBER, PLLC
RESPONSE TO LEVI MORIN'S Two MOTIONS '1'0 EXTEND TIME l'AGE30F4
CERTIFICATE OF CONFERENCE
I wnferred with LeifOlson and he opposes this pleading.
CERTIFICATE OF SERVICE
I certify that a tme copy of this pleading was served on each attomcy of record
or party in ac~.:ordancc with the Texas Rules of Appellate Procedure on June 12,
2015.
The Olsen Fim1, PLLC
LeifOiscn
4830 Wilson Road, Ste. 300
Humble, Texas 77396
Telephone: 281.849.8382
Facsimile: 281.24R.2190
Email: leif@olsonappcals.com
VIA ESERVICE
Kimberly I inhans
Keith L. Klcinh s
LEVI MORIN V. LAW OFFICE OF KLEINHANS GRUBER, PLLC
RESPONSE TO LEVI MOl{ IN'S Two MOTIONS TO EXTEND TIME PAGF 4 OF 4