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

PORTER HEDGES LLP

1000 Main Street, 36th 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

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 10/12/2015 5:27:06 PM CHRISTOPHER A. PRINE Clerk
2

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 years
3

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.1The 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,

PORTER 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, 36th 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 LUFBURROW
5

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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