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NO. 05-19-01455-CV 

IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS 

IN DALLAS

VENATOR MATERIALS PLC, ET AL., 

Appellants, 

v. 

MACOMB COUNTY EMPLOYEES’ RETIREMENT SYSTEM, ET AL.,

Appellees. 

UNOPPOSED MOTION TO ABATE PENDING ISSUANCE OF THE 

MANDATE IN A RELATED APPEAL AND SUSPEND BRIEFING 

DEADLINES

TO THE HONORABLE COURT OF APPEALS: 

Under Texas Rules of Appellate Procedure 10.1 and 29.3, Appellants1 file this 

Unopposed Motion to Abate Pending Issuance of the Mandate in a Related Appeal 

and Suspend Briefing Deadlines (“Motion”) and respectfully request that the Court 

abate this appeal pending the issuance of the mandate in Venator Materials PLC et 

 

1 Appellants are Venator Materials PLC, Simon Turner, Stephen Ibbotson, Kurt D. Ogden, Russ 

R. Stolle (collectively, the “Venator Appellants”), Huntsman Corporation, Huntsman International 

LLC, and Huntsman (Holdings) Netherlands B.V. (collectively, the “Huntsman Appellants”). 

ACCEPTED

05-19-01455-CV

FIFTH COURT OF APPEALS

DALLAS, TEXAS

2/14/2020 4:21 PM

LISA MATZ

CLERK

 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 2/14/2020 4:21:37 PM LISA MATZ Clerk
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al. v. Macomb County Employees’ Retirement System et al., No. 05-19-01177-CV 

(the “Related Appeal”) and suspend all briefing deadlines.

I. Background.

On January 21, 2020, this Court issued its opinion in the Related Appeal, 

dismissing the Venator Appellants and Underwriter Defendants2 for lack of 

jurisdiction and remanding the case to the trial court to enter an order transferring 

the remaining claims against the Huntsman Appellants to Montgomery County.

II. Request for Abatement.

In light of the Court’s rulings that there is no personal jurisdiction over most 

of the parties to this appeal and that the remainder of the case belongs in a different 

venue, the Court should abate this appeal pending issuance of the mandate in the 

Related Appeal. Upon issuance of the mandate, the claims against the Venator 

Appellants will be dismissed, rendering this appeal moot as to them, and the trial 

court will transfer the remaining claims against the Huntsman Appellants to 

Montgomery County. See TEX. R. APP. P. 18.6 (“The appellate court’s judgment on 

an appeal from an interlocutory order takes effect when the mandate is issued.”). 

It is Appellants’ understanding that once the claims against the Huntsman 

Appellants are transferred to Montgomery County, the trial court will lose 

 2 The Underwriter Defendants are Citigroup Global Markets Inc., Merrill Lynch, Pierce, Fenner & 

Smith, Inc., Goldman Sachs & Co. LLC, and J.P. Morgan Securities LLC. The Underwriter 

Defendants are not parties to this appeal.
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jurisdiction over the case, and as a result, this Court will no longer have jurisdiction

over this appeal. See TEX. GOV’T CODE § 22.220 (“Each court of appeals has 

appellate jurisdiction of all civil cases within its district of which the district courts 

or county courts have jurisdiction[.]”); George v. Phillips Petroleum Co., 976 

S.W.2d 363, 364–65 (Tex. App.—Houston [14th Dist.] 1998, no pet.) (“Appellate 

court jurisdiction over the merits of a case extends no further than that of the court 

from which the appeal is taken. . . . [O]nce a case is transferred . . . the transferee 

court assumes jurisdiction of the cause to the exclusion of the transferor court.”).

Absent abatement, Appellants would be required to file a brief in this Court 

to preserve their rights in this appeal despite the Court’s rulings that jurisdiction and 

venue are not proper. Appellants’ opening brief in this appeal is currently due 

February 21, 2020; by contrast, the mandate in the Related Appeal is currently 

scheduled to issue on April 2, 2020. See TEX. R. APP. P. 18.1. Abatement thus 

preserves Appellants’ rights without burdening this Court with repeated requests for 

extension of the briefing deadlines while the parties wait for the mandate.

On or about the date when the mandate issues, the Huntsman Appellants 

intend to file a motion requesting that the Texas Supreme Court transfer their appeal 

to the Beaumont Court of Appeals, which has jurisdiction over Montgomery County. 

See TEX. GOV’T CODE § 73.001 (“The supreme court may order cases transferred 

from one court of appeals to another at any time that, in the opinion of the supreme 
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court, there is good cause for the transfer.”); see also Miles v. Ford Motor Co., 914 

S.W.2d 135, 137 (Tex. 1995) (explaining the procedure for appellate venue transfer). 

Appellees have not yet taken a position on the Huntsman Appellants’ intended

motion to transfer the appeal and reserve all rights, including the right to oppose 

such motion.

PRAYER

For these reasons, Appellants request that the Court grant the Motion, which 

is unopposed, and abate all proceedings in this appeal pending issuance of the 

mandate in the Related Appeal and suspend all briefing deadlines pending 

establishment of new briefing deadlines by the appropriate Court following the 

issuance of the mandate. 3

 3

 Appellees agree that the current deadline for Appellants to file an opening brief should be 

suspended and that Appellants do not need to file an opening brief by the current deadline or 

pending resolution of the Motion.
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Respectfully submitted,

/s/ David S. Coale

David S. Coale, SBN 00787255

Michael K. Hurst, SBN 10316310

Andrés Correa, SBN 24076330

John R. Christian, SBN 24109727

LYNN PINKER COX & HURST, LLP

2100 Ross Avenue, Suite 2700

Dallas, Texas 75201

214-981-3800 (phone)

214-981-3839 (fax)

mhurst@lynnllp.com

acorrea@lynnllp.com

dcoale@lynnllp.com

jchristian@lynnllp.com

Craig Smyser, SBN 18777575

Razvan Ungureanu, SBN 24085630

Eugene Zilberman, SBN 24110577

SMYSER KAPLAN & VESELKA, LLP

717 Texas Ave., Suite 2800

Houston, Texas 77002-2761

713-221-2300 (phone)

713-221-2320 (fax) 

csmyser@skv.com 

razvan@skv.com

ezilberman@skv.com

Counsel for Appellants Venator 

Materials PLC, Stephen Ibbotson, Kurt 

D. Ogden, Russ R. Stolle, and Simon 

Turner

/s/ R. Thaddeus Behrens

R. Thaddeus Behrens, SBN 24029440

Anne M. Johnson, SBN 00794271

Daniel H. Gold, SBN 24053230

Matthew A. McGee, SBN 24062527

William D. Marsh, SBN 24092762

HAYNES AND BOONE, LLP

2323 Victory Avenue, Suite 700

Dallas, Texas 75219

(214) 651-5000 (phone)

(214) 200-0886 (fax)

thad.behrens@haynesboone.com

anne.johnson@haynesboone.com

daniel.gold@haynesboone.com

matt.mcgee@haynesboone.com

william.marsh@haynesboone.com

Richard A. Sayles, SBN 17697500

BRADLEY ARANT BOULT CUMMINGS,

LLP

4400 Renaissance Tower

1201 Elm St.

Dallas, Texas 75270

(216) 939-8701 (phone)

(214) 939-8787 (fax)

dsayles@bradley.com

Counsel for Appellants Huntsman 

Corporation, Huntsman International 

LLC, and Huntsman (Holdings) 

Netherlands B.V.
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CERTIFICATE OF CONFERENCE

I hereby certify that on February 13, 2020, counsel for Appellees conferred

with counsel for Appellees, who stated that Appellees do not oppose the relief sought 

herein.

/s/ R. Thaddeus Behrens

R. Thaddeus Behrens
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CERTIFICATE OF SERVICE

Undersigned counsel certifies that on February 14, 2020, a true and correct 

copy of this motion was served on the following counsel of record via electronic 

service:

Joe Kendall

KENDALL LAW GROUP, PLLC

3811 Turtle Creek Blvd., Suite 1450

Dallas, Texas 75219

jkendall@kendalllawgroup.com

Steven F. Hubachek (pro hac vice)

ROBBINS GELLER RUDMAN & DOWD LLP

655 West Broadway, Suite 1900

San Diego, California 92101

shubachek@rgrdlaw.com

David J. Goldsmith (pro hac vice)

LABATON SUCHAROW LLP

140 Broadway, 34th Floor

New York, New York 10005

dgoldsmith@labaton.com

Counsel for Appellees Macomb County Employees’ Retirement System

and Firemen’s Retirement System of St. Louis

/s/ R. Thaddeus Behrens

R. Thaddeus Behrens