Page 1 of 4

01-15-00440-CV 

_______________ 

IN THE

FIRST COURT OF APPEALS 

_______________ 

IN RE ERNEST RAY KOONCE 

 Relator.

______________ 

On Petition for Writ of Mandamus from the 

127th Judicial District Court 

Harris County, Texas 

Cause Number 2010-64752 

_____________ 

OPPOSED MOTION FOR EXTENSION OF TIME TO FILE WELLS 

FARGO, AS TRUSTEE’S RESPONSE TO SUPPLEMENTAL PETITION 

FOR WRIT OF MANDAMUS 

TO THE HONORABLE COURT OF APPEALS: 

 Respondent, Wells Fargo Bank, N.A., as Trustee Under the Pooling and 

Servicing Agreement dated as of April 1, 2005, Asset Back Pass-Through 

Certificates, Series 2005-WHQ (“Wells Fargo, as Trustee”), respectfully files this 

motion for extension of time to file its Response to Relator Ernest Ray Koonce’s 

(“Koonce”) Supplemental Petition for Writ of Mandamus (“Supplemental 

Petition”). 

ACCEPTED

01-15-00440-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

11/19/2015 2:30:41 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 11/19/2015 2:30:41 PM CHRISTOPHER A. PRINE Clerk
Page 2 of 4

1. Koonce, who is pro se, filed his Supplemental Petition on September 

7, 2015. Wells Fargo, as Trustee filed a motion to strike Koonce’s Supplemental 

Petition on October 23, 2015, arguing the Supplemental Petition should be stricken 

because numerous issues in the Supplemental Petition and documents attached to 

the record were not raised or presented in the trial court. On November 3, 2015, 

the Court denied Wells Fargo, as Trustee’s motion to strike and requested Wells 

Fargo, as Trustee file a response to Koonce’s Supplemental Petition by November 

23, 2015. 

2. Wells Fargo, as Trustee seeks a short two-week extension until 

December 7, 2015 in which to file their response to Koonce’s Supplemental 

Petition. This is Wells Fargo, as Trustee’s first request for an extension of this 

briefing deadline. 

3. The following grounds provide good cause for extending the time to 

file the brief. Counsel for Wells Fargo, as Trustee has been and continues to be 

engaged in other litigation with imminent deadlines that will prevent them from 

completing Wells Fargo, as Trustee’s response before the deadline, including, but 

not limited to, the following:

 Preparation and attendance at a hearing in Cause No. 9,149, Jose 

Zamora and Norma Zamora, in the 49th Judicial District Court of 

Zapata County, Texas. The hearing occurred on November 9, 2015.
Page 3 of 4

 Preparation and attendance at multiple witness interviews in Civil 

Action No. 3:13-cv-387, The Dow Chemical Co., et al v. Anglers E & 

C, f/k/a Fish Engineering & Constr., Inc., et al, in the United States 

District Court, Southern District of Texas, Galveston Division. The 

witness interviews occurred on November 13, 2015 and November 

19, 2015, and an additional interview is scheduled to occur on 

November 23, 2015.

4. This motion is not filed for the purpose of delay, but to allow counsel 

adequate time to prepare Wells Fargo, as Trustee’s response to Koonce’s 

Supplemental Petition.

For these reasons, Wells Fargo, as Trustee respectfully requests that the 

Court grant an extension of time to file Wells Fargo, as Trustee’s response to 

Koonce’s Supplemental Petition until December 7, 2015. 

 Respectfully submitted, 

By: /s/ Valerie Henderson 

BOBBIE L. STRATTON 

Texas State Bar No. 24051394 

BRADLEY E. CHAMBERS 

Texas State Bar No. 24001860 

VALERIE HENDERSON 

Texas State Bar No. 24078655 
Page 4 of 4

BAKER, DONELSON, BEARMAN, 

CALDWELL & BERKOWITZ, PC 

1301 McKinney, Suite 3700 

Houston, Texas 77010 

Telephone: (713) 650-9700 

Facsimile: (713) 650-9701 

ATTORNEYS FOR RESPONDENT WELLS 

FARGO BANK, N.A., AS TRUSTEE UNDER 

THE POOLING AND SERVICING 

AGREEMENT DATED AS OF APRIL 1,

2005, ASSET BACK PASS-THROUGH 

CERTIFICATES, SERIES 2005-WHQ2 

CERTIFICATE OF CONFERENCE

 I, Valerie Henderson, conferred with Ernest Ray Koonce, who is pro se, on 

November 19, 2015 to discuss the relief sought in this motion. Mr. Koonce stated 

he is opposed to the relief sought herein. 

/s/ Valerie Henderson 

 Valerie Henderson 

CERTIFICATE OF SERVICE 

 I hereby certify that on November 19, 2015, a true and correct copy of the 

foregoing was sent by U.S. mail, or by electronic service where allowed, as 

follows: 

Mr. Ernest Ray Koonce 

15938 Fleetwood Oaks Drive 

Houston, Texas 77079 

Telephone: (832) 328-7171 

rayk469@gmail.com 

 

/s/ Valerie Henderson 

 Valerie Henderson