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## No. 14-10-00708-CV

________________________________________ IN THE COURT OF APPEALS FOR THE FOURTEENTH DISTRICT OF TEXAS AT HOUSTON

________________________________________ Port of Houston Authority of Harris County, Texas,

Appellant and Cross-Appellee,
v. Zachry Construction Corporation,

Appellee and Cross-Appellant.

________________________________________ On appeal from the 151st District Court of Harris County, Texas Trial Court Cause No. 2006-72970

________________________________________ THE PORT’S SUPPLEMENT TO ITS MOTION FOR SUPPLEMENTAL BRIEFING AND ORAL ARGUMENT FOLLOWING REMAND TO THE FOURTEENTH COURT OF APPEALS: The Port of Houston Authority (the “Port”) would respectfully show this Court as follows:
1. On January 2, 2015, the Port filed a motion with this Court requesting supplemental briefing and oral argument on this appeal after remand from the Texas Supreme Court on December 19, 2014. In conferring with Zachry’s counsel, Zachry’s counsel indicated that Zachry is opposed to the Port’s motion only with respect to the word count requested in the Port’s motion. ACCEPTED 14-10-00708-CV FOURTEENTH COURT OF APPEALS

HOUSTON, TEXAS 1/7/2015 10:43:40 AM CHRISTOPHER PRINE

CLERK2

2. On January 6, 2015, Zachry filed a letter with this Court stating that Zachry will file an opposition to the Port’s motion within ten days.
3. Before Zachry files its opposition, the Port hereby supplements its motion with regard to due dates for the requested supplemental briefing. While the Port’s motion suggested that the Port’s supplemental brief of appellant be due on February 16, 2015, in light of circumstances described below, the Port asks that its supplemental brief of appellant be due on March 13, 2015. Those circumstances are as follows:

a. Ms. Yeates, counsel for the Port who is responsible for the Port’s briefing on this appeal, is scheduled to be in New Orleans on the weekend ofFebruary 7 and 8, 2015, to argue for Occidental Chemical Corporation in a twoday arbitration hearing arising out of a large sinkhole in Assumption Parish, Louisiana. Texas Brine Co. v. Occidental Chemical Corp. , No. 69 198 129 13, in the American Arbitration Association. This arbitration hearing will involve preparation and briefing that will require not just Ms. Yeates but also Mr. Heidler, the lawyers who are principally responsible for the briefing on behalf of the Port of Houston on this appeal. b. Ms. Yeates and Mr. Heidler also have a brief of appellee for Anadarko Petroleum due on February 3, 2015, in the insurance coverage case arising out of the Macondo Well blowout in the Gulf of Mexico. Houston3

Casualty Co. et al. v. Anadarko Petroleum Corp. et al., No. 09-14-00459-CV, in the Beaumont Court of Appeals.
4. Given these circumstances, the Port would ask that the Court make the Port’s supplemental brief of appellant due on March 13, 2015, rather than the February 16, 2015 date suggested in the Port’s motion. PRAYER For the foregoing reasons, the Port respectfully asks this Court to grant the Port’s motion and also to grant the Port all other relief to which it is entitled.4 Respectfully submitted,

David H. Brown State Bar No. 03109200 BROWN & KORNEGAY LLP 2777 Allen Parkway, Suite 977 Houston, Texas 77019 Phone: 713.528.3703 Fax: 713.528.3701 Email: dbrown@bkllp.com Karen L.T. White State Bar No. 20274500 KAREN L.T. WHITE, P.C. 1415 S. Voss, Suite 110-539 Houston, Texas 77057 Phone: 832.646.4667 Email: karen@kltwpc.com Lawrence J. Fossi State Bar No. 07280650 FOSSI & JEWELL LLP 4203 Yoakum Blvd., Suite 100 Houston, Texas 77006 Phone: 713.529.4000 Fax: 713.529.4094 Email: lfossi@fossijewell.com /s/ Marie R. Yeates Marie R. Yeates State Bar No. 22150700 Catherine B. Smith State Bar No. 03319970 Michael A. Heidler State Bar No. 24059921 VINSON & ELKINS L.L.P. 1001 Fannin St. Houston, Texas 77002 Phone: 713.758.4576 Fax: 713.615.5544 Email: myeates@velaw.com David E. Keltner State Bar No. 11249500 201 Main Street, Suite 2500 Fort Worth, Texas 76102 Phone: 817.878.3560 Fax: 817.878.9760 Email: david.keltner@kellyhart.com Bill Sims State Bar No. 18429500 VINSON & ELKINS L.L.P. 2001 Ross Avenue, Suite 3700 Dallas, Texas 75201-2975 Phone: 214.220.7703 Fax: 214.999.7703 Email: bsims@velaw.com
ATTORNEYS FOR APPELLANT THE PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, TEXAS5 CERTIFICATE OF SERVICE I hereby certify that on this 7th day of January 2015, a true and correct copy of the foregoing instrument was served by e-service on the following counsel for Zachry Construction Corporation.

Robin C. Gibbs Gibbs & Bruns, L.L.P. 1100 Louisiana, Suite 5300 Houston, Texas 77002 Brandon T. Allen Reynolds, Frizzell, Black, Doyle, Allen & Oldham L.L.P. 1100 Louisiana, Suite 3500 Houston, Texas 77002 /s/ Marie R. Yeates Marie R. Yeates6 CERTIFICATE OF CONFERENCE Zachry has indicated that it is opposed to the Port’s motion and is going to file a written opposition. /s/ Marie R. Yeates Marie R. Yeates