1

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

CLERK

 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 1/7/2015 10:43:40 AM CHRISTOPHER A. PRINE Clerk
2

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 of

February 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. Houston
3

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, TEXAS
5

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. Yeates
6

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