Hercules Offshore Services, LLC and Hercules International Asset Company, Ltd. v. George True Tillman ( 2015 )

ACCEPTED
01-15-00306-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
11/9/2015 5:14:06 PM
CHRISTOPHER PRINE
CLERK
No. 01-15-00306-CV
FILED IN
IN THE COURT OF APPEALS 1st COURT OF APPEALS
HOUSTON, TEXAS
FOR THE FIRST DISTRICT OF TEXAS 11/9/2015 5:14:06 PM
AT HOUSTON CHRISTOPHER A. PRINE
Clerk
HERCULES OFFSHORE SERVICES, LLC
AND HERCULES INTERNATIONAL ASSET COMPANY, LTD.,
Appellants,
v.
GEORGE TRUE TILLMAN,
Appellee.
Appeal from the 127th District Court
Harris County, Texas
Trial Court Cause 2009-42367
UNOPPOSED SECOND MOTION FOR EXTENSION OF
TIME TO FILE BRIEF OF APPELLEE
TO THE HONORABLE COURT OF APPEALS:
Appellee, George True Tillman, respectfully files this unopposed second
motion for extension of time to file his brief of appellee.
1. The present deadline for filing the brief is November 13, 2015.
2. Appellee seeks a 30-day extension, until December 14, 2015, in which
to file his brief.
3. This is Appellee’s second request for an extension of time to file his
brief.
1861.001/569020
4. This motion is unopposed.
5. The following grounds provide “good cause” for extending the time to
file the brief.
First, the parties are in the process of settling this litigation and anticipate
that the settlement will be fully memorialized in the near future. Thus, the parties
request a 30-day extension to permit them to conclude the settlement documents—
at which time a joint motion to dismiss the appeal will be filed.
Second, lead counsel, Russell Post, has been and continues to be engaged in
other litigation with imminent deadlines that will prevent him from completing the
brief before the present deadline, including, but not limited to, the following:
 Preparation for presentation of argument in No. 05-14-01148-CV;
Greenwood Motor Lines, Inc., et al. v. Bobbie Bush; In the Fifth
Court of Appeals. Oral argument occurred on October 20, 2015, in
Dallas, Texas, and has been followed by post-submission briefing.
 Participation in trial in No. 2013-61098; Scott D. Martin and SKM
Partnership, Ltd. v. Andrews Kurth LLP; In the 234th Judicial
District Court of Harris County, Texas. The pretrial conference
was held on October 8, and the trial began on October 20, 2015
and is expected to continue until November 9, 2015.
6. This motion is not filed for the purpose of delay, but to allow counsel
adequate time to conclude the settlement discussions or, in the unlikely event that
it proves to be necessary, to prepare the brief.
For these reasons, Appellee requests that this Court grant an extension of
time to file his brief until December 14, 2015.
1861.001/569020 2
Respectfully submitted,
BECK REDDEN LLP
By: /s/ Russell S. Post
Russell S. Post
State Bar No. 00797258
rpost@beckredden.com
Chad Flores
State Bar No. 24059759
cflores@beckredden.com
1221 McKinney Street, Suite 4500
Houston, TX 77010-2010
(713) 951-3700
(713) 951-3720 (Fax)
ARNOLD & ITKIN LLP
Jason A. Itkin
State Bar No. 24032461
jitkin@arnolditkin.com
6009 Memorial Drive
Houston, TX 77007
(713) 222-3800
(713) 222-3850 (Fax)
PIERCE CHAPMAN SKRABANEK
BRUERA, PLLC
Michael E. Pierce
State Bar No. 24039117
michael@pcsblaw.com
3701 Kirby Drive, Suite 760
Houston, TX 77098
(832) 690-7000
(832) 575-4840 (Fax)
ATTORNEYS FOR APPELLEE
GEORGE TRUE TILLMAN
1861.001/569020 3
CERTIFICATE OF CONFERENCE
I certify that my office conferred with Counsel for Appellant, and Appellant
does not oppose the requested extension.
/s/ Russell S. Post
Russell S. Post
CERTIFICATE OF SERVICE
I certify that on November 9, 2015, a copy of the foregoing motion was
served upon the following counsel of record in compliance with the Texas Rules of
Appellate Procedure:
Sean D. Jordan Juan C. Garcia
SUTHERLAND ASBILL & BRENNAN LLP SUTHERLAND ASBILL & BRENNAN LLP
600 Congress Ave., Suite 2000 1001 Fannin Street, Suite 3700
Austin, TX 78701 Houston, TX 77002
sean.jordan@sutherland.com juan.garcia@sutherland.com
Attorneys for Hercules Defendants
/s/ Russell S. Post
Russell S. Post
1861.001/569020 4