1 CAUSE NO. 01

- 14

- 00 539- CV
IN THE COURT OF APPEALS

FOR THE FIR ST JUDICIAL DISTRICT OF TEXAS

HOUSTON, TEXAS_______________________ TAN DUC USA Appellant,

v.

JIMMY TRAN Appellee.

On Appeal from the Harris County District Court, 309 th 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 , S te 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 770 98 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

CLERK2

APPELLANT TAN DUC USA’S RESPONSE OPPOSIN G APPELLEE JIMMY TRAN’S MOTION TO EXTEND AND BIFURCATE HIS DEADLINES FOR FILING BRIEF AS APPELLEE AND CROSS APPELLATE

To This Honorable Appeals Court , come s now Ta n Duc USA, Appellant here and

C o

- 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 fol lowing:

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 week s 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 fil e his Appellee Brief, nor Conditional Cross Appellant Brief.3

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 refus ed 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 conference d specifically for this latest

mot ion 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, i n v i o l a t i o n o f appellate rules.

9. Tan Duc USA asks that Motion to ex tend 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 tim e be

applied to all p a r t i e s desiring such additional time to file or amend briefs

.

10. T a n D u c U S A a s k s t h a t J i m m y T r a n a n d C o u n s e l b e c i t e d o r s a n c t i o n e d f o r

r o u t i n e l y f

a i l i n g o r r e f

u s i n g t o c o n f

e r e n c e w i t h C o u n s e l f

o r a l l p a r t i e s

.4 CONCLUSION

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

Conditional Cross Appellant Jimmy Tran filed neither brief as directe d 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

pu rposes. 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 a n d a l t e r n a t i v e l y , Tan Duc USA respectfully asks t h a t i f this Honorable

Court d o e s s o g r a n t A p p e l l e e ’ s M o t i o n , that any extension of time granted to

Jimmy Tran be also extended to a l l o t h e r a p p e l l a t e p a

r t i e s f o r f i l i n g b r i e f

,

r e s p o n s e s , o r a m e n d m e n t s a s a p p l i c a b l e

.5 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 par ties which are listed below b y e

- f i l e a n d

e m a i l on September 2 5 , 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

- 188 1 mmuller@texas.net

Maya Dang, Appellant Alan B. Daughtry , Counsel for Appellant Texas Bar No. 0 0 7 93583 3355 West Alabama, Suite 444 Houston, Texas 77098 Tel. 281

- 300

- 5202 Fax 281

- 404

- 4478 alan@alandaughtrylaw.com