## No. 08-21-00044-CV

In The 

# COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

EVELYN GARZA, INDIVIDUALLY, AND ON BEHALF OF RUBEN ROBERTO GARZA, DECEASED, MALORIE ELISSA GARZA, VALERIE

MARIE GARZA, AND ALICE HERNANDEZ GARZA, Appellants,

v. RDL ENERGY SERVICES, LLC AND JPH HOLDINGS, LLC, Appellees.

On Appeal from 112th District Court Crockett County, Texas Trial Court Cause No. 19-02-07955-CV

APPELLEE JPH HOLDINGS, LLC’S UNOPPOSED MOTION FOR SECOND EXTENSION OF TIME TO FILE MOTION FOR REHEARING

TO THE HONORABLE EIGHTH COURT OF APPEALS: Pursuant to Tex. R. App. P. 10 and 49.9, Appellee JPH Holdings, LLC files this Unopposed Motion for Second Extension of Time to File Motion for Rehearing. In light of the Court’s ruling on the RDL Appellees’ Second Motion for Extension, ACCEPTED 08-21-00044-CV EIGHTH COURT OF APPEALS

EL PASO, TEXAS 1/25/2023 10:19 AM ELIZABETH G. FLORES

CLERK 

## 08-21-00044-CV2

JPH requests the same extension until February 17, 2023, to file a motion for rehearing. JPH respectfully shows as follows: 1. On December 20, 2022, this Court issued its judgment and opinion in this appeal. 2. JPH now requests an extension until February 17, 2023, to file a motion for rehearing because of its appellate counsel’s following recent and upcoming responsibilities, in addition to counsel’s traveling to San Antonio on January 19-20, 2023 for an officers and council meeting of the State Bar of Texas Appellate Section:

 Preparing appellee brief in Cause 14-22-00544-CV, Roe v. Ferrer Poirot Wansbrough Feller Daniel & Abney , in the Fourteenth Court of Appeals, Texas, presently due February 1, 2023.

 Preparing motion for summary judgment in Cause No. DC-19-04611, Wells v. Bosson, LLC , in the 44th District Court, Dallas County, Texas, presently due January 31, 2023.

 Attending hearing regarding objections to proposed order on settlement apportionment in Cause No. 19-DCV-259569, Olson v. Liberty Mutual Insurance Company , in the 458th District Court, Fort Bend County, Texas, on February 1, 2023.3

 Traveling to and attending status conference in Cause No. S-19-5852-CVC, Taft ISD v. Liberty Surplus Insurance Corp. , in the 343rd District Court, San Patricio County, Texas, on February 7, 2023. 3. This request is not made only for purposes of delay but so that justice may be served. Appellants’ counsel has generously indicated he is unopposed to this request.

PRAYER For the foregoing reasons, Appellee JPH Holdings, LLC respectfully requests that the time for filing its motion for rehearing be extended until February 17, 2023, and for any other relief in law or equity to which it is entitled. Respectfully submitted, THOMPSON, COE, COUSINS & IRONS, L.L.P. By: /s/ Andrew L. Johnson Andrew L. Johnson Texas State Bar No. 24060025 William R. Moye State Bar No. 24027553 Molly L. Pela State Bar No. 24046606 One Riverway, Suite 1400 Houston, TX 77056 Telephone: (713) 403-8205 Telecopy: (713) 403-8299 ajohnson@thompsoncoe.com wmoye@thompsoncoe.com mpela@thompsoncoe.com COUNSEL FOR APPELLEE, JPH HOLDINGS, LLC4 CERTIFICATE OF CONFERENCE I conferred with counsel for appellants, and they are unopposed to this requested extension.

/s/ Andrew L. Johnson A NDREW L. J OHNSON

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was sent pursuant to the Rules on January 25, 2023 to all counsel of record.

/s/ Andrew L. Johnson A NDREW L. J OHNSONAutomated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Crystal Carrier on behalf of Andrew Johnson Bar No. 24060025 ccarrier@thompsoncoe.com Envelope ID: 72125350 Status as of 1/25/2023 1:53 PM MST

Case Contacts

Name William R.Moye Andrew Johnson Molly L.Pela Stephen Ballantyne Desi Martinez Andrew Petersen Ronald E. Mendoza William Moye BarNumber

24053759 24053342 24059226 13937700 Email

WMoye@thompsoncoe.com ajohnson@thompsoncoe.com MPela@thompsoncoe.com patrick@lahoodnorton.com desi.martinez@martinez-law.com apetersen@zgblaw.com rmendoza@lawdcm.com wmoye.service@thompsoncoe.com TimestampSubmitted 1/25/2023 10:19:11 AM 1/25/2023 10:19:11 AM 1/25/2023 10:19:11 AM 1/25/2023 10:19:11 AM 1/25/2023 10:19:11 AM 1/25/2023 10:19:11 AM 1/25/2023 10:19:11 AM 1/25/2023 10:19:11 AM Status SENT SENT SENT SENT SENT SENT SENT SENT

Associated Case Party: RDL Energy Services, LLC

Name Jessica Z.Barger Lisa Wright Eric Boettcher BarNumber Email barger@wrightclosebarger.com lwright@wrightclosebarger.com boettcher@wrightclosebarger.com TimestampSubmitted 1/25/2023 10:19:11 AM 1/25/2023 10:19:11 AM 1/25/2023 10:19:11 AM Status SENT SENT SENT