NO. 14

- 14

- 00922

- CV

IN THE COURT OF APPEALS

FOR THE FOURTEENTH DISTRICT OF TEXAS

AT HOUSTON

KIMBERLY R. REDO,

Appellant,

v.

KATHERINE MOORE,

Appellee.

APPELLEE’S THIRD UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF AND FIRST UNOPPOSED MOTION TO RESE T ORAL ARGUMENT

TO THE HONORABLE COURT OF APPEALS:

Appellee

, Katherine Moore file s this motion under Texas Rule s of Appellate

Procedure 10.5(b) and 10.5 (c) and respectfully request s: (1) a 30

- day extension of

time, until October 30 , 201 5 , to file her appellee ’s brief

, and (2) that oral argument

be postp oned for at least 30 days

. ACCEPTED 14-14-00922-CV FOURTEENTH COURT OF APPEALS

HOUSTON, TEXAS 9/22/2015 4:57:46 PM CHRISTOPHER PRINE

CLERKI.

This is a n appeal from a Final Judgment signed on September 22 , 2014 , by

the Hono rable Debra Ibarra Mayfield , in the County Court at L aw Number 1 of

Harris County, Texas in cause number 1029105

. Appellant filed a notice of appeal

on November 13 , 2014 . A complete record was filed on March 18, 2015

. Appellant filed her brief on July 1 , 201 5

.

II.

Appellee’s brief is currently due on September 30 , 2015. Poorav Rohatgi

,

who is about to complete his first year as a practicing attorney, recently substituted

as Counsel for Appellee on September 3, 2015 and has not had an opportunity to

review the record thoroughly or evaluate applicable arguments and case law

sufficiently. Further, r ecently substituted Counsel for Appellee has been

substantially involved in the following matters , among others, throughout the

month of September necessitating the filing of this motion :

1. Alta Mesa v. ReOil, et al. ; Counsel prepared and file d a Motion for Continuance on September 3, 2015.

2. Quintanilla v. Regency, et al. ; Counsel drafted and served objections
to a Third

- Party Subpoena Duces Tecum on S eptember 4, 2015. Counsel also drafted and filed a Non

- Party Motion to Quash a Notice to Appear on September 15 , 2015.

3. Roger Christ v. Habitat for Humanity, et al. ; Coun sel prepared for and aided a colleague during the September 14, 2015 deposition of th e plaintiff

.

- 2

-4. Academy, Ltd. v. Wipro, et al. ; Counsel drafted objections to substantive interrogatories in anticipation of September 25, 2015 deadline

. Counsel also has been reviewing responsive documents and supervising a third

- party’s substantial review of tens of thousands of documents for production in discovery in anticipation of October 9, 2015 deadline

.

Counsel also has volunteered as a City of Houston M unicipal P rosecutor one

to two days a week for the entire month of September

.

A ccordingly, Appellee respectfully request s a 30

- day extension, or until

October 3 0

, 2015 , in which to file her brief. This is Appellee’s third request for an

e xtension of time. This motion is not filed for the purpose of delay.

III.

The Court has set oral argument in this appeal for Tuesday, October 27,

2015 at 1:30 pm. However, for the reasons explained above, more time is needed

to complete the briefing in this case . Appellee’s substituted counsel has been

involved in th is case for less than one month and has not yet had an opportunity to

finish reading the record and draft the Appellee’s brief.

Accordingly, Appellee respectfully requests that the Court postpone oral

argument for at least 30 days. This is Appellee’s first request to reset oral

a r gument. This motion is not filed for the purpose of delay.

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-PRAYER

For these reasons, appellee Katherine Moore respectfully request s that the

Court grant these request s, extend the time for filing her brief to October 30 , 2015

, and postpone oral argument for at least 30 days

.

Respectfully submitted,

HAYNES AND BOONE, LLP

/s/ Poorav Rohatgi Poorav K. Rohatgi State Bar No. 24093063 1221 McKinney, Suite 2100 Houston, Texas 77010

- 2007 Telephone: (713) 547

- 2000 Telecopier: (713) 547

- 2600 Poorav.Rohatgi@haynesboone.com

A TTORNEY FOR A PPELLEE K ATHERINE M OORE

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-CERTIFICATE OF CONFERENCE

In accordance with Rule 10.1(a)(5) of the Texas Rules of Appellate Procedure, I certify that I confer red with M r

. William F. Harmeyer

, counsel for Appellant, who stated that he is unopposed to the relief requested.

/s/ Poorav Rohatgi Poorav K. Rohatgi

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-CERTIFICATE OF SERVICE

In accordance with the Texas Rules of Appellate Procedure, I certify that a true and correct copy of the Appellee’s Third Unopposed Motion to Extend Time to File Brief and First Request to Reset Oral Argument has been served on the following counsel of rec ord via e

- service on this 22nd day of September , 201 5 :

Counsel for Kimberly R. Redo:

William F. Harmeyer W ILLIAM F. H ARMEYER & A SSOCIATES , P.C. Suite 475 Arena Tower One 7322 Southwest Freeway Houston, Texas 77074

/s/ Poorav Rohatgi Poorav K. Rohatgi

15379252_3

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