State Farm Lloyds v. Candelario Fuentes and Maria Fuentes ( 2015 )

ACCEPTED
14-14-00824-CV
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
7/7/2015 4:51:57 PM
CHRISTOPHER PRINE
CLERK
NO. 14-14-00824-CV
FILED IN
14th COURT OF APPEALS
IN THE COURT OF APPEALS HOUSTON, TEXAS
FOR THE FOURTEENTH JUDICIAL DISTRICT OF TEXAS
7/7/2015 4:51:57 PM
HOUSTON, TEXAS CHRISTOPHER A. PRINE
Clerk
STATE FARM LLOYDS
Appellant
v.
CANDELARIO FUENTES AND MARIA FUENTES
Appellees
SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE
APPELLANT’S REPLY BRIEF
TO THE HONORABLE COURT OF APPEALS:
Appellant, State Farm Lloyds, asks for additional time to file its reply brief
pursuant to TEX. R. APP. P. 10.5(b). State Farm respectfully shows as follows:
1. Appellant’s brief was filed on March 25, 2015.
2. On April 17, 2015, Appellees filed an unopposed motion for extension
of time to file their brief, which the Court granted on the same day.
3. On May 22, 2015, Appellees filed an unopposed motion for extension
of time to file their brief, which the Court granted on the same day.
4. Appellees’ brief was filed on June 8, 2015.
1
5. On June 16, 2015, Appellant filed an unopposed motion for extension
of time to file its brief, which the Court granted on the same day.
6. Appellant’s reply brief is due to be filed on July 13, 2015.
7. Appellant respectfully requests a 10-day extension of time to file its
reply brief. With the extension, its reply brief will be due July 23, 2015.
8. This is the appellant’s second request for an extension of time for
filing its brief.
9. The following facts reasonably explain the need for further time. See
TEX. R. APP. P. 10.5(b)(1)(c).
a. As noted in Appellant’s first motion for extension, Appellant’s
attorney, Katherine Armstrong, was on vacation from June 20, 2015 to
June 30, 2015. Since her return from vacation, her time has been
significantly occupied with numerous pending matters and deadlines,
including on-going briefing and discovery responsibilities in a federal multi-
district litigation; preparation for an upcoming deposition; post-judgment
briefing in an insurance litigation pending in Oklahoma; and briefing
regarding discovery disputes in several insurance litigations pending in
Texas.
10. Counsel for appellant has conferred with counsel for appellees,
Jennifer Bruch Hogan, and appellees are unopposed to the requested extension.
11. This request is not sought for delay, but in order that justice may be
done.
PRAYER
Appellant, State Farm Lloyds, asks this court to grant an extension of 10
days, until July 23, 2015, to file its reply brief. Appellant also prays for any other
relief to which it may be entitled.
Dated: July 7, 2015 Respectfully submitted,
/s/ David V. Jones /s/ Katherine Armstrong
David V. Jones Katherine Armstrong
State Bar No. 10869825 State Bar No. 01321400
dvj@jao-law.com KatherineArmstrong@quinnemanuel.com
Benjamin G. Kemble QUINN EMANUEL URQUHART & SULLIVAN,
State Bar No. 24050864 LLP
Edward J. Batis, Jr. 51 Madison Avenue, 22nd Floor
State Bar No. 01915470 New York, NY 10010
JONES, ANDREWS & ORTIZ, P.C. (212) 849-7000 – Telephone
10100 Reunion Place, Suite 600 (212) 849-7100 – Facsimile
San Antonio, Texas 78216
(210) 344-3900 – Telephone
(210) 366-4301 – Facsimile
Attorneys for Appellant State Farm Lloyds
CERTIFICATE OF CONFERENCE
Counsel for appellant has conferred with counsel for appellees, Jennifer
Bruch Hogan, and the appellees are unopposed to this motion for extension of time
to file appellant’s reply brief.
DATED: July 7, 2015 /s/ Katherine Armstrong
Katherine Armstrong
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above Second
Unopposed Motion for Extension of Time to File Appellant’s Reply Brief has been
served on the following individual(s) by the method(s) indicated, on this, the 7th
day of July 2015, as follows:
Ms. Jennifer Bruch Hogan
Mr. Richard P. Hogan, Jr.
HOGAN & HOGAN
Penzoil Place
711 Louisiana, Suite 500
Houston, TX 77002
(713) 222-8880 – Telephone
(713) 222 8810 – Facsimile
Email: jhogan@hoganfirm.com
Email: rhogan@hoganfirm.com
Via E-Filing
Mr. J. Steve Mostyn
THE MOSTYN LAW FIRM
3810 West Alabama Street
Houston, TX 77027
(713) 861-6616 – Telephone
(713) 861-8084 – Facsimile
Email: jmostyn@mostynlaw.com
Via E-Filing
Mr. E. Hart Green
Mr. Mitchell A. Toups
WELLER, GREEN, TOUPS & TERRELL, L.L.P.
P.O. Box 305
Beaumont, TX 77704
(409) 838-0101 – Telephone
(409) 832-8577 – Facsimile
Email: hartgr@wgttlaw.com
Email: matoups@wgttlaw.com
Via E-Filing
/s/ Katherine Armstrong
Katherine Armstrong