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CAUSE NO. 01-14-00539-CV

IN THE COURT OF APPEALS 

FOR THE 

FIRST JUDICIAL DISTRICT OF TEXAS 

 HOUSTON, TEXAS_______________________

TAN DUC USA 

Appellant, 

v.

JIMMY TRAN 

Appellee. 

On Appeal from the Harris County District Court, 309th Judicial District 

Harris County, Texas 

Cause No. 2010-48243 

APPELLANT TAN DUC USA’S RESPONSE OPPOSING APPELLEE 

JIMMY TRAN’S MOTION TO EXTEND AND BIFURCATE HIS 

DEADLINES FOR FILING BRIEF AS APPELLEE AND CROSS 

APPELLATE 

Tan Duc USA, Appellant 

Keryl L Douglas, Atty. of Appellant Tan Duc USA 

Texas Bar No. 24060880 

5804 Bayou Bend Court, Houston, TX 77004 

Tel. 713-819-9945 Fax 713-589-6823 

 Jimmy Tran, Appellee/Cross Appellate 

 Matthew Muller, Attorney for Appellee Tran 

 Texas Bar No. 14648450 

 1445 N. Loop West, Ste 760, Houston, TX 77007 

 Tel. 713-227-1888 Fax 713-227-1881 

 Maya Dang, Appellant 

 Alan B. Daughtry, Counsel for Appellant Dang 

 Texas Bar No. 00793583 

 3355 West Alabama, Ste 444, Houston, TX 77098

 Tel. 281-300-5202 Fax 281-404-4478 

ACCEPTED

01-14-00539-cv

FIRST COURT OF APPEALS

HOUSTON, TEXAS

9/25/2015 10:48:54 AM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 9/25/2015 10:48:54 AM CHRISTOPHER A. PRINE Clerk
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APPELLANT TAN DUC USA’S RESPONSE OPPOSING APPELLEE 

JIMMY TRAN’S MOTION TO EXTEND AND BIFURCATE HIS 

DEADLINES FOR FILING BRIEF AS APPELLEE AND CROSS 

APPELLATE

To This Honorable Appeals Court, comes now Tan Duc USA, Appellant here and 

Co-defendant below, and files this Response Opposing Appellee Jimmy Tran’s 

Motion to Extend and Bifurcate His Deadlines for Filing Briefs as Appellee and as 

Conditional Cross Appellate, and would show the Court the following:

1. This court issued new briefing schedule On August 25, 2015 with deadline 

of September 24, 2015 for Appellant Tan Duc USA to file its Amended 

Brief and for Appellee/Conditional Cross Appellate Jimmy Tran to file his 

briefs, with notice of no further extensions.

2. Appellant Tan Duc USA filed its Amended Brief.

3. Appellee Jimmy Tran filed neither his Appellee Brief in Response to 

Appellant Maya Dang, nor his Conditional Cross Appellant Brief, but rather 

a Motion to again extend deadlines for each of 3 weeks and 1 month, 

respectively.

4. Counsel for Jimmy Tran admitted that he did/does not need the Jury 

questions and instructions he referenced in his motion in order to complete 

Appellee Brief in Response to Appellate Dang’s brief, yet he did not 

complete or file his Appellee Brief, nor Conditional Cross Appellant Brief.
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5. Counsel for Jimmy Tran did not conference with Counsel for Appellant Tan 

Duc USA, as he admitted in his Certificate of Conference, and as he has 

routinely and discriminately failed or refused to do throughout this appeal.

6. This Honorable Court never issued a directive to Appellee Tran regarding 

filing a “single” brief, or a “bifurcated” brief.

7. Prior agreement regarding single or bifurcated brief referenced by 

Appellee’s counsel also excluded me if and when it took place.

8. Counsel’s Motion Certificate of Conference statement, “by earlier agreement 

with Dang’s current appellant counsel,” is ambiguous or misleading as to 

whether Dang’s Counsel was timely conferenced specifically for this latest 

motion to extend or whether Tran’s attorney is referencing “prior” briefing 

conference earlier, which also must have excluded me from conference as 

Counsel to appellate party, Tan Duc USA, in violation of appellate rules.

9. Tan Duc USA asks that Motion to extend be denied Jimmy Tran as it 

pertains to filing of both Appellee’s Brief in response to Appellant Dang, as 

well as to filing of a Conditional Cross Appellant Brief. Alternatively, if 

extension is granted to one party, I ask that the same extension of time be 

applied to all parties desiring such additional time to file or amend briefs.

10. Tan Duc USA asks that Jimmy Tran and Counsel be cited or sanctioned for

routinely failing or refusing to conference with Counsel for all parties.
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CONCLUSION

Appellant Tan Duc USA timely filed its Amended Appellant’s Brief. Appellee and 

Conditional Cross Appellant Jimmy Tran filed neither brief as directed by most 

recent Order of this Court. Tan Duc USA opposes Jimmy Tran’s Motion to Extend 

time to file both his briefs that he missed the September 24, 2015 deadline on. This 

Honorable Court stated that no further extensions would be granted for briefing 

purposes. Tan Duc USA respectfully asks this Honorable Court to deny Jimmy 

Tran’s Motion to Extend and Bifurcate and that Jimmy Tran not be permitted to 

late file either brief. Further, Tan Duc USA respectfully asks this Honorable Court 

that any extension of time granted to Jimmy Tran be also extended to Tan Duc 

USA for purpose of amending Appellant brief if desired.

PRAYER

WHEREFORE, PREMISES CONSIDERED, for all of the foregoing Tan 

Duc USA respectfully asks this Honorable Court to deny Jimmy Tran’s Motion to 

Extend and Bifurcate, and that Jimmy Tran not be permitted to late file either brief. 

Further and alternatively, Tan Duc USA respectfully asks that if this Honorable 

Court does so grant Appellee’s Motion, that any extension of time granted to 

Jimmy Tran be also extended to all other appellate parties for filing brief,

responses, or amendments as applicable.
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Respectfully Submitted By:

By: _____s/Keryl L. Douglas________

Attorney for Appellant

Tan Duc USA

The Law Office of Keryl L. Douglas

Texas Bar #24060880

5804 Bayou Bend Court

Houston, Texas 77004

713-819-9945 phone 713-589-6823 fax

kerylldouglas@gmail.com

Certificate of Service

As required by Texas Rule of Appellate Procedure, I hereby certify that I 

have served this document on all other parties which are listed below by e-file and

email on September 25, 2015 as follows:

Jimmy Tran, Appellee

Matthew Muller, Attorney for Appellee

Texas Bar No. 14648450

1445 N. Loop West, Suite 760

Houston, Texas 77007

Tel. 713-227-1888 Fax 713-227-1881

mmuller@texas.net

Maya Dang, Appellant

Alan B. Daughtry, Counsel for Appellant

Texas Bar No. 00793583

3355 West Alabama, Suite 444

Houston, Texas 77098

Tel. 281-300-5202 Fax 281-404-4478

alan@alandaughtrylaw.com