No. 14-15-00234-CV

In the Court of Appeals 

For the Fourteenth District of Texas 

Houston, Texas 

Human Biostar, Inc., 

Appellant 

vs. 

Celltex Therapeutics Corporation

Appellee 

 Appeal from the 434th Judicial District Court of 

Fort Bend County, Texas 

Trial Court Cause No. 12-DCV-202563 

APPELLANT HUMAN BIOSTAR, INC.’S FIRST MOTION FOR 

EXTENSION OF TIME TO FILE BRIEF OF APPELLANT 

Mr. Bruce C. Tough

State Bar No. 20151500

Tough Law Firm, PLLC

819 Crossbridge Drive 

Spring, Texas 77373 

btough@toughlawfirm.net 

telephone: (281) 681-0808 

telecopier: (281) 281-0809 

Lead Counsel for Appellant 

Human Biostar, Inc.

 

ACCEPTED

14-15-00234-CV

FOURTEENTH COURT OF APPEALS

HOUSTON, TEXAS

4/20/2015 1:02:09 PM

CHRISTOPHER PRINE

CLERK
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No. 14-15-00234-CV

In the Court of Appeals 

For the Fourteenth District of Texas 

Houston, Texas 

Human Biostar, Inc., 

Appellant 

vs. 

Celltex Therapeutics Corporation

Appellee 

 Appeal from the 434th Judicial District Court of 

Fort Bend County, Texas 

Trial Court Cause No. 12-DCV-202563 

APPELLANT HUMAN BIOSTAR, INC.’S FIRST MOTION FOR 

EXTENSION OF TIME TO FILE BRIEF OF APPELLANT

TO THE HONORABLE FOURTEENTH COURT OF APPEALS: 

NOW COMES Appellant, Human Biostar, Inc., to file its first motion for 

an extension of time to file their Brief of Appellant pursuant to Rule 10.5 (b) 

of the Texas Rules of Appellate Procedure. In support thereof, the Appellant 

would respectfully show the Court as follows: 

1. The Court has noticed the deadline for filing the Brief of the 

Appellant on or before May 13, 2015. 
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 2. In accordance with Texas Rules of Appellate Procedure Rule 

10.5 (b), Appellant Human Biostar, Inc. requests this first extension of time 

of thirty (30) days to file the Brief of Appellant in reliance upon the following 

reasonable facts to explain the need for an extension, shown as follows: 

 2a. A motion for reconsideration of the order of the trial court 

confirming the arbitration award and to vacate the arbitration award and grant 

a new arbitration in the underlying trial matter in Fort Bend County, Texas, 

filed by RNL BIO Co. LTD. n/k/a K-Stemcell Co., Ltd., is set for April 27, 2015 

and may render moot the necessity for the appeal. 

 2b. Appellant’s counsel also requests this extension out of an 

abundance of caution in the event that demands on the time and resources 

of Appellant’s counsel become overwhelming. 

 2c. Appellant’s counsel is lead counsel on several trial matters for 

which trial court settings are scheduled. Appellant’s counsel is scheduled for 

a two-week trial court setting to commence on April 27, 2015 in the 125th

Judicial District Court of Harris County. Appellant’s counsel is scheduled for 

two two-week trial court settings scheduled during the two-week trial period 

of May 18, 2015 in Harris County, Texas, one in the 80th Judicial District 

Court and the other in the 234th Judicial. It is further anticipated that a twoweek trial court setting will be re-set in a matter in the 125th Judicial District 
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of Harris County in May or June. One of these trial matters presumably has 

been settled; however, because a settlement agreement has not been 

executed and a judgment filed, the possibility of the matter going to trial 

remains a possibility. These foregoing matters will require extensive time and 

preparation. 

 2d. Appellant’s counsel was retained in this appellate matter shortly 

before the March 16, 2015 notice of restricted appeal was filed and has been 

in the process of familiarizing himself with the history and issues in this case. 

 3. No previous extensions of time have been sought by Appellant.

 4. On April 18, 2015, Counsel for Appellee Celltex Therapeutics 

Corporation, Grant Cook, emailed our office that his client was opposed to 

the motion to extend. Counsel for Appellant also conferred with the counsel 

for Appellant RNL BIO Co. LTD. n/k/a K-Stemcell Co., Ltd. who indicated 

consent to the motion to extend the time to file the Appellant’s Brief. 

5. Based on the foregoing, Appellant Human Biostar, Inc. prays that 

this Court will grant the extension of time to file the Brief of the Appellant 

Human Biostar, Inc. for thirty (30) days from May 13, 2015 until June 12, 

2015. 

 
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Respectfully submitted, 

TOUGH LAW FIRM, PLLC 

 /s/ Bruce C. Tough 

Bruce C. Tough 

btough@toughlawfirm.net email 

State Bar No. 20151500 

819 Crossbridge Drive 

Spring, Texas 77373 

(281) 681-0808 telephone 

(281) 681-0809 telecopy 

LEAD COUNSEL FOR APPELLANT

HUMAN BIOSTAR, INC. 

 
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Certificate of Service

I hereby certify that a true and correct copy of the foregoing document 

has been forwarded by e-filing and e-service to all lead counsel of record, on 

this 20th day of April, 2015, as follows: 

Grant Cook 

GREENBERG TRAURIG, LLP 

1000 Louisiana, Suite 1700 

Houston, Texas 77002 

PHONE: (713) 374-3500 

FAX: (713) 374-3505 

RICHARD L. TATE

SARAH VIDA

TATE, MOERER & KING, LLP 

206 South Second Street 

Richmond, Texas 77469 

Phone: (281) 341-0077 

Fax: (281) 341-1003 

ATTORNEYS FOR PLAINTIFF

CELLTEX THERAPEUTICS CORPORATION

Paula E. Hughes 

11815 FM 756 

Whitehouse, Texas 75791 

Tel. (903) 839-8106 

Email: pehughes11@yahoo.com

Attorney for RNL Bio Co Ltd N/K/A/-Stemcell Co. Ltd

 /s/ Bruce C. Tough 

Bruce C. Tough