No. 01-14-00687-CV

IN THE FIRST COURT OF APPEALS HOUSTON, TEXAS
THE BETTER BUSINESS BUREAU OF METROPOLITAN HOUSTON, INC., THE BETTER BUSINESS BUREAU OF METROPOLITAN HOUSTON EDUCATION FOUNDATION, DAN PARSONS, CHRIS CHURCH, CHURCH ENTERPRISES, INC., GARY MILLESON, RONALD N. MCMILLAN, D’ARTAGNAN BEBEL, MARK GOLDIE, CHARLIE HOLLIS, AND STEVEN LUFBURROW, Appellants,
v. JOHN MOORE SERVICES, INC. AND JOHN MOORE RENOVATION, LLC, Appellees. APPELLANTS’ RESPONSE TO APPELLEES’ MOTION FOR EXTENSION OF TIME TO COMPLETE MEDIATION AND REPLY IN SUPPORT OF APPELLANTS’ MOTION TO VACATE MEMORANDUM ORDER OF REFERRAL TO MEDIATION AND RELATED ORDERS

Lauren B. Harris Texas Bar No. 02009470 lharris@porterhedges.com Jeffrey R. Elkin Susan K. Hellinger M. Harris Stamey P ORTER HEDGES LLP 1000 Main Street, 36 th Floor Houston, Texas 77002 Telephone: (713) 226-6624 Facsimile: (713) 226-6224 Attorneys for Appellants ACCEPTED 01-14-00687-CV FIRST COURT OF APPEALS

HOUSTON, TEXAS 10/12/2015 5:27:06 PM CHRISTOPHER PRINE

CLERK2

TO THE HONORABLE FIRST COURT OF APPEALS: Appellants The Better Business Bureau of Metropolitan Houston, Inc. (the “Houston BBB”), The Better Business Bureau of Metropolitan Houston Education Foundation, Dan Parsons, Chris Church, Church Enterprises, Inc., Gary Milleson, Ronald N. McMillan, D’Artagnan Bebel, Mark Goldie, Charlie Hollis, and Steven Lufburrow (collectively, the “Houston BBB Defendants”) file this response to Appellees’ Motion for Extension of Time to Complete Mediation and reply in support of Appellants’ motion to vacate the Memorandum Order of Referral to Mediation and related orders and would respectfully show the Court as follows: After the Houston BBB Defendants filed their Motion to Vacate Memorandum Order of Referral to Mediation and Related Orders (“Motion to Vacate”), Appellees John Moore Services, Inc. and John Moore Renovation, LLC (collectively, “John Moore”) filed an opposition to that motion and, in a separate filing, requested another extension of the mediation deadline based on the illness of John Moore’s counsel. For the reasons stated in the Motion to Vacate, the Houston BBB Defendants oppose John Moore’s request for another extension of the mediation deadline. This is an accelerated, interlocutory appeal based on the Texas Citizens’ Participation Act, a statute that is intended, among other things, to affect a prompt resolution of certain claims. Yet, this serial litigation has been ongoing for years3

and this appeal has been effectively abated for six months. The prior delays have thwarted the Legislature’s intent and prejudiced the Houston BBB Defendants, and any additional delay would only compound those circumstances. 1 The Houston BBB Defendants simply seek to have this appeal decided so this litigation can proceed to a conclusion. For these reasons, the Houston BBB Defendants respectfully request that Appellees’ Motion for Extension of Time to Complete Mediation be denied in its entirety and that the Court vacate its April 1, 2015 Memorandum Order of Referral to Mediation and the related orders extending the mediation deadlines. Dated: October 12, 2015.

1 Notably, John Moore does not dispute that the prior extensions of the mediation deadline have prejudiced the Houston BBB Defendants. It only argues, wrongly, that another extension “would not create any further prejudice for Appellants.” Appellees’ Response at 2.4 Respectfully submitted, P ORTER HEDGES LLP
By: /s/ Lauren Beck Harris Lauren B. Harris Texas Bar No. 02009470 lharris@porterhedges.com Jeffrey R. Elkin Texas Bar No. 06522180 Susan K. Hellinger Texas Bar No. 00787855 M. Harris Stamey Texas Bar No. 24060650 1000 Main Street, 36 th Floor Houston, Texas 77002 Telephone: (713) 226-6624 Facsimile: (713) 226-6224 ATTORNEYS FOR APPELLANTS THE BETTER BUSINESS BUREAU OF METROPOLITAN HOUSTON, INC., THE BETTER BUSINESS BUREAU OF METROPOLITAN HOUSTON EDUCATION FOUNDATION, DAN PARSONS, CHRIS CHURCH, CHURCH ENTERPRISES, INC., GARY MILLESON, RONALD N. MCMILLAN, D’ARTAGNAN BEBEL, MARK GOLDIE, CHARLIE HOLLIS, AND STEVEN LUFBURROW5 CERTIFICATE OF SERVICE Pursuant to Rules 6.3 and 9.5(b), (d), and (e) of the Texas Rules of Appellate Procedure, this is to certify that on this 12th day of October 2015, a true and correct copy of the foregoing was served on the following counsel of record by U.S. first class mail and by electronic delivery as follows:

Lori Hood Bobbie L. Stratton Baker Donelson Bearman Caldwell & Berkowitz, P.C. 1301 McKinney Street, Suite 3700 Houston, TX 77010 (713) 650-9700 (713) 650-9701 Attorneys for Appellees John Moore Services, Inc. and John Moore Renovation, LLC
/s/ Lauren B. Harris Lauren B. Harris

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