1

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

AUSTIN DIVISION

HARMONY HAUS WESTLAKE, L.L.C., §

et al., §

§

Plaintiffs, §

§

v. § CIVIL NO. 1-20-CV-486-XR

§

PARKSTONE PROPERTY OWNERS §

ASSOCIATION, INC., §

§

Defendant. §

§

PLAINTIFFS’ AMENDED MOTION FOR LEAVE TO FILE RESPONSE TO 

DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT OUT OF TIME

Plaintiffs Harmony Haus Westlake, L.L.C., Ling Zhou, and Fenglin Du hereby file their 

Plaintiffs’ Amended Motion for Leave to File Response to Defendants’ Motion for Partial 

Summary Judgment Out of Time and would respectfully show the Court as follows. Plaintiffs 

respectfully request leave to file their Response to Defendant’s Motion for Partial Summary 

Judgment (Dkt. No. 42). The proposed Response to Defendant’s Motion for Partial Summary 

Judgment is attached to this Motion as Exhibit A. The exhibits to the proposed Response are 

attached to it as Exhibits 1-26.

In calculating the response deadlines for these motions, the undersigned counsel 

apparently inadvertently consulted the Local Rules for the United States District Court for the 

Northern District of Texas, in which he resides, rather than the Local Rules for the United States 

District Court for the Western District of Texas, in which this case is litigated. The Local Rules 

for the Northern District of Texas permit 21 days for a response. Consequently, the undersigned 

counsel inadvertently calendared the response deadlines for Plaintiffs’ Response to Defendant’s 

Case 1:20-cv-00486-XR Document 46 Filed 02/16/21 Page 1 of 4
2

Motion for Partial Summary Judgment as February 18. The undersigned counsel has been hard 

pressed with a heavy load of work over the past weeks with briefing to the Texas Supreme Court 

and a hearing in Mississippi and did not think to revisit the local rules to ensure the accuracy of 

his calendaring. The Local Rules for the Western District of Texas permit 14 days for the 

Response, which would have been Thursday, February 11. Consequently, Plaintiffs have missed 

the deadline as of the date of this filing.

In light of the critical nature of the Response, Plaintiffs respectfully move that this Court 

permit them to file the attached Response to Defendants’ Motion for Partial Summary Judgment. 

Plaintiffs do not bring this motion for purposes of delay. Plaintiffs do not believe the relief 

requested will prejudice Defendant in this matter.

Case 1:20-cv-00486-XR Document 46 Filed 02/16/21 Page 2 of 4
3

DATED: February 16, 2021 Respectfully submitted,

__/s/ Mark Whitburn________

Mark Whitburn

Texas Bar No. 24042144

Whitburn & Pevsner, PLLC

2000 E. Lamar Blvd., Suite 600

Arlington, Texas 76006

Tel: (817) 653-4547

Fax: (817) 653-4477

mwhitburn@whitburnpevsner.com

CERTIFICATE OF CONFERENCE

I hereby certify that I conferred with counsel of record for Defendant on February 12, 

2021, concerning the relief requested in this Motion. Mr. Hansum indicated that he would reach 

back out to me later that day with a response. As of the time of this filing, I have not received a 

final response regarding the relief requested in this Motion. Consequently, I am not able to make 

a representation concerning the position of Defendant in this matter.

___/s/ Mark Whitburn________

Case 1:20-cv-00486-XR Document 46 Filed 02/16/21 Page 3 of 4
4

CERTIFICATE OF SERVICE

I hereby certify that the foregoing document was served on counsel of record for 

Defendant on February 16, 2021, via the electronic filing service as follows:

Eric J. Hansum

Niemann & Heyer, LLP

Westgate Building, Suite 313

1122 Colorado Street

Austin, Texas 78701

___/s/ Mark Whitburn________

Case 1:20-cv-00486-XR Document 46 Filed 02/16/21 Page 4 of 4