ACCEPTED 14-15-00356-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 8/28/2015 9:34:35 AM CHRISTOPHER PRINE CLERK
NO. 14-15-00356-CV FILED IN 14th COURT OF APPEALS IN THE COURTOF APPEALS HOUSTON, TEXAS 8/28/2015 9:34:35 AM JUDICIAL FOURTEENTH DISTRICT CHRISTOPHER A. PRINE HOUSTON, TEXAS Clerk
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ANNVO, ALI REZAYAZDANI AND BLUEBALLROOM, LLC
APPELLANTS VS.
FROMTHE 157THJUDICIAL DISTRICTCOURT OF HARRISCOUNTY,TEXAS TRIAL COURTCASENO. 2013-00421A
APPELLANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE OPENINGBRIEF - - - -
TO THE HONORABLE COURTOF APPEALS:
Appellants Ann Vo, Ali Reza Yazdani and Blue Ballroom, LLC file this
Unopposed Motion for Extension of Time to File Opening Brief and would
respectfully show the Court the following: 1. The Clerk's Record in this appeal was filed on August 3, 2015,
thus setting the due date for Metropolitan's opening brief on September 2,
2015, pursuant to Tex.R.App.P. 36.8(a).
2. Appellants and Appellee Franklin Business, Inc. have
discovered several significant omissions from the Clerk's Record, including
Appellee's original petition in intervention, several motions to compel
discovery and Appellants' responses to those motions, and the trial court's
orders with respect to those motions. The pleadings omitted from the
Clerk's Record are extremely important to the arguments to be presented
by the parties, as well as the resolution of this appeal.
3. On August 10 and August 13, 2015, Appellants filed written
requests to the Harris County District Clerk to prepare and forward to this
Court a supplemental Clerk's Record containing these omitted pleadings.
True and correct copies of these requests are attached to this Unopposed
Motion collectively as Exhibit A.
4. On August 24, 2015, counsel for Appellants contacted the
assistant clerk of the Harris County District Clerk's office who is handling
the request for a supplemental Clerk's Record in this appeal and inquired
as to the date the requested supplemental record could be expected to be
prepared and filed with this Court. Counsel was advised by the assistant clerk that due to the backlog of requests for supplemental records in other
appeals, the supplemental Clerk's Record requested by Appellants in this
appeal would likely not be prepared and filed until sometime in late
September 2015.
5. Without this supplemental Clerk's Record, Appellants cannot
even commence drafting, much less complete, their opening brief.
6. Accordingly, Appellants respectfully request that the Court
extend the due date for Appellants to file their opening brief to and through
October 16, 2015, in order to provide Appellants with sufficient time to draft
and file their brief after the requested supplemental Clerk's Record has
been filed with this Court.
7. Appellants' counsel conferred with counsel for Appellee on
August 25, 2015, and counsel for Appellee advised that Appellee does not
oppose the relief requested in this Motion.
WHEREFORE, PREMISES CONSIDERED, Appellants respectfully request
that the Court extend the time for filing Appellants' opening brief to and
through October 16, 2015.
SIGNED AND FILEDthis 28th day of August, 2015. Respectfully submitted,
IsNVilliam L. Van Fleet Benjamin L. Hall, Ill ex as Bar No. 08743745 William L. Van Fleet, II Texas Bar No. 20494750 Kimmie R. Bennett State Bar No. 2401 1946 530 Lovett Blvd. Houston, TX 77006 (713) 942-9600 (Telephone) (713) 942-9566 (Facsimile) bvfleet@corncast.net
ATTORNEYSFOR APPELLANTS ANNVO, ALI REZAYAZDANI AND BLUEBALLROOM, LLC
The undersigned certifies that on August 25, 2015, he conferred with
Barry A. Brown, counsel for Appellee Franklin Business, Inc., who advised
that he does not oppose the relief requested in the above and foregoing
Motion.
IsNVilliam L. Van Fleet William L. Van Fleet I I The undersigned certifies that the above and foregoing Motion satisfies
the requirements of Tex.R.App.P. 9.4 because the Motion contains 658
words.
IsNVilliam L. Van Fleet II William L. Van Fleet I1
CERTIFICATE OF SERVICE
I hereby certify that on the 28th day of August, 2015, a true and
correct copy of the foregoing Motion was forwarded to counsel for Franklin
Business, Inc., 7322 Southwest Freeway, Suite 1100, Houston, Texas
77074 via email at tebear05@msn.com.
IsNVilliam L. Van Fleet William L. Van Fleet II EXHIBIT "A" 530 Lovett Boulevard Telephone: (713) 942-9600 .. Houston. Texas 77006 Facsimila: (713) 942-9566 Benjamin L. Hall. Ill, Ph.D., J.D. Board Certified Personal Injury Trial Law Board Certified Civil Trial Law Texas Board of Leqal Specialization
August 13,2015
Chris Daniels Harris County District Clerk Attn: Phyllis - Post Trial 201 Caroline, First Floor Houston, Texas 77002
Re: Cause No. 2013-00421A; Franklin Business, Znc. v. Damon Cobbs, et al; in the 157& Judicial District Court of Harris County, Texas
Dear Mr. Daniels,
Please supplement any and all of the following records in the above-mentioned case to the Court of Appeals that have not been previously supplied: Chris Daniels August 13,2015 Page 2
Order signed denying trial continuance 1 12/2/2014 1 1 Proposed Order Granting Franklin Business, Inc.'s Motion for ( 12/11/2014 1 3 ~ n b of y Judgment by Default and Conditional Motion for Severance Franklin Business Inc.'s Motion for Entry of Judgment by Default 1211112014 81 and Conditional Motion for Severance (with Exhibits) Default Judgment Signed 1/21/2015 3 Signed Order Granting Franklin Business, Inc.'s Motion for Entry 1/21/2015 3 of Judgment by Default and conditional motion for Severance Interlocutory Default Judgment 1/21/2015 3 Order Granting Franklin Business, Inc.'s Motion for Entry of 1/21/2015 3 Judgment by Default and Conditional Motion for Severance Form for Severances 1/21/2015 1 Bill of Costs incurred by Franklin Business, Inc.
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ACCEPTED 14-15-00356-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 8/28/2015 9:34:35 AM CHRISTOPHER PRINE CLERK
NO. 14-15-00356-CV FILED IN 14th COURT OF APPEALS IN THE COURTOF APPEALS HOUSTON, TEXAS 8/28/2015 9:34:35 AM JUDICIAL FOURTEENTH DISTRICT CHRISTOPHER A. PRINE HOUSTON, TEXAS Clerk
-
ANNVO, ALI REZAYAZDANI AND BLUEBALLROOM, LLC
APPELLANTS VS.
FROMTHE 157THJUDICIAL DISTRICTCOURT OF HARRISCOUNTY,TEXAS TRIAL COURTCASENO. 2013-00421A
APPELLANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE OPENINGBRIEF - - - -
TO THE HONORABLE COURTOF APPEALS:
Appellants Ann Vo, Ali Reza Yazdani and Blue Ballroom, LLC file this
Unopposed Motion for Extension of Time to File Opening Brief and would
respectfully show the Court the following: 1. The Clerk's Record in this appeal was filed on August 3, 2015,
thus setting the due date for Metropolitan's opening brief on September 2,
2015, pursuant to Tex.R.App.P. 36.8(a).
2. Appellants and Appellee Franklin Business, Inc. have
discovered several significant omissions from the Clerk's Record, including
Appellee's original petition in intervention, several motions to compel
discovery and Appellants' responses to those motions, and the trial court's
orders with respect to those motions. The pleadings omitted from the
Clerk's Record are extremely important to the arguments to be presented
by the parties, as well as the resolution of this appeal.
3. On August 10 and August 13, 2015, Appellants filed written
requests to the Harris County District Clerk to prepare and forward to this
Court a supplemental Clerk's Record containing these omitted pleadings.
True and correct copies of these requests are attached to this Unopposed
Motion collectively as Exhibit A.
4. On August 24, 2015, counsel for Appellants contacted the
assistant clerk of the Harris County District Clerk's office who is handling
the request for a supplemental Clerk's Record in this appeal and inquired
as to the date the requested supplemental record could be expected to be
prepared and filed with this Court. Counsel was advised by the assistant clerk that due to the backlog of requests for supplemental records in other
appeals, the supplemental Clerk's Record requested by Appellants in this
appeal would likely not be prepared and filed until sometime in late
September 2015.
5. Without this supplemental Clerk's Record, Appellants cannot
even commence drafting, much less complete, their opening brief.
6. Accordingly, Appellants respectfully request that the Court
extend the due date for Appellants to file their opening brief to and through
October 16, 2015, in order to provide Appellants with sufficient time to draft
and file their brief after the requested supplemental Clerk's Record has
been filed with this Court.
7. Appellants' counsel conferred with counsel for Appellee on
August 25, 2015, and counsel for Appellee advised that Appellee does not
oppose the relief requested in this Motion.
WHEREFORE, PREMISES CONSIDERED, Appellants respectfully request
that the Court extend the time for filing Appellants' opening brief to and
through October 16, 2015.
SIGNED AND FILEDthis 28th day of August, 2015. Respectfully submitted,
IsNVilliam L. Van Fleet Benjamin L. Hall, Ill ex as Bar No. 08743745 William L. Van Fleet, II Texas Bar No. 20494750 Kimmie R. Bennett State Bar No. 2401 1946 530 Lovett Blvd. Houston, TX 77006 (713) 942-9600 (Telephone) (713) 942-9566 (Facsimile) bvfleet@corncast.net
ATTORNEYSFOR APPELLANTS ANNVO, ALI REZAYAZDANI AND BLUEBALLROOM, LLC
The undersigned certifies that on August 25, 2015, he conferred with
Barry A. Brown, counsel for Appellee Franklin Business, Inc., who advised
that he does not oppose the relief requested in the above and foregoing
Motion.
IsNVilliam L. Van Fleet William L. Van Fleet I I The undersigned certifies that the above and foregoing Motion satisfies
the requirements of Tex.R.App.P. 9.4 because the Motion contains 658
words.
IsNVilliam L. Van Fleet II William L. Van Fleet I1
CERTIFICATE OF SERVICE
I hereby certify that on the 28th day of August, 2015, a true and
correct copy of the foregoing Motion was forwarded to counsel for Franklin
Business, Inc., 7322 Southwest Freeway, Suite 1100, Houston, Texas
77074 via email at tebear05@msn.com.
IsNVilliam L. Van Fleet William L. Van Fleet II EXHIBIT "A" 530 Lovett Boulevard Telephone: (713) 942-9600 .. Houston. Texas 77006 Facsimila: (713) 942-9566 Benjamin L. Hall. Ill, Ph.D., J.D. Board Certified Personal Injury Trial Law Board Certified Civil Trial Law Texas Board of Leqal Specialization
August 13,2015
Chris Daniels Harris County District Clerk Attn: Phyllis - Post Trial 201 Caroline, First Floor Houston, Texas 77002
Re: Cause No. 2013-00421A; Franklin Business, Znc. v. Damon Cobbs, et al; in the 157& Judicial District Court of Harris County, Texas
Dear Mr. Daniels,
Please supplement any and all of the following records in the above-mentioned case to the Court of Appeals that have not been previously supplied: Chris Daniels August 13,2015 Page 2
Order signed denying trial continuance 1 12/2/2014 1 1 Proposed Order Granting Franklin Business, Inc.'s Motion for ( 12/11/2014 1 3 ~ n b of y Judgment by Default and Conditional Motion for Severance Franklin Business Inc.'s Motion for Entry of Judgment by Default 1211112014 81 and Conditional Motion for Severance (with Exhibits) Default Judgment Signed 1/21/2015 3 Signed Order Granting Franklin Business, Inc.'s Motion for Entry 1/21/2015 3 of Judgment by Default and conditional motion for Severance Interlocutory Default Judgment 1/21/2015 3 Order Granting Franklin Business, Inc.'s Motion for Entry of 1/21/2015 3 Judgment by Default and Conditional Motion for Severance Form for Severances 1/21/2015 1 Bill of Costs incurred by Franklin Business, Inc. 1/26/2015 1 Request for Abstract Judgment 1/26/2015 1 Motion to Set Aside Judgment & for New Trial (with Exhibits) 2/20/2015 75 Franklin Business, Inc.'s Response in Opposition to the Motions 3/10/2015 11 for New Trial Filed on Behalf of AM Vo, Ali Reza Yazdani and "The Blue Ballroom, LLC" (with Exhibits) Defendants Motion for Sanctions and Supplement to Defendants 1 3/24/2015 1 166 Motion to Set Aside Judgment and Motion for a New Trial (with Exhibits) Defendant's Motion for Sanctions and Supplement to Defendants 3/25/2015 79 Motion to Set Aside Judgment and Motion for a New Trial (with Exhibits) Defendant, Cobb's Request for Emergency Hearing 3/26/2015 3 Motion to Abate and Request an Emergency Hearing on Motion to 3/26/2015 6 Abate Request for an Emergency Hearing on this Motion to Move 3/26/2015 8 Hearing Date from March 27,2014 (with Exhibits) Franklin Business, Inc.'s Opposition to Ann Vo & Ali Reza 313012015 23 Yazdani's Supplement to their Motions for New Trial etc., and Motion to Abateland Franklin Business, Inc.'s Motion to Strike and its Motion for Sanctions for Baseless Pleading Related Thereto (with Exhibits) Defendants Ann Vo and Ali Yazdani Motion for Emergency 3l3012015 2 Hearing First Amended Motion to Set Aside Judgment & for New Trial 41212015 74 (with Exhibits) Order Denying Motion for New Trial Signed1Order Denying 4/7/2015 2 Sanctions Signed1Order Signed Denying Motion to Set Aside Final Judgment1 Order Signed Granting Entry of Temporary Orders Defendants' Notice of Appeal 4/16/2015 2 Superseadas Bond Filed 61412015 17 Chris Daniels August 13,2015 Page 3
Plaintiff in Judge Franklin Business Inc.'s Contest to the Amount 6/5/2015 7 of Judgment Debtors, Ann Vo, Ali Yazdani and the Blue Ballroom, LLC, Cash Deposition in Lieu of Bond to Suspend Execution of Judgment Motion to Substitute Counsel 6124/2015 3 Order Signed Substituting Attorney of Record 711012015 1 Findings of Fact/Conclusions of Law Signed Order Signed 7/16/2015 4 Granting Entry of Temporary Orders
No. IMAGE - TITLE - DATE
62360377 Intervenor Franklin Business, Inc.'s 9/16/2014 Motion under Rule 215.1 to Compel Responses to Interrogatories and Requests for Production, together with all exhibits
Supplement to Intervenor Franklin 1011412014 Business , Inc's Rule 2 15.4 (a) Motion To Dete~mineSufficiency of Ann Vo and Alex Yazadani's Responses and Objections to Intervenor's Request For Admissions and To Enforce The Coull's October 1, 201 4 Order, together with all exhibits
Defendants Motion To Dismiss, Motion For Attorney Fee's; Defendants Response To Intervenor Motion To Determine Sufficiency Of Ann Vo Responses And Objection To Intervenor's Request For Admissions, And Intervenor Request For Attorney's Fees
Intervenor Franklin Business. Inc.'S Response In Opposition, And Rebuttal To Ann Vo's October 14, 2014 Pleading I
Attorney Sonya Chandler Anderson Motion I011712014 for A Continuance and Proposed Order
Defendants Ann Vo's and Alex Yazdani's 1013012014 Certilicate of Written Discovery Chris Daniels August 13,2015 Page 4
Supplement to Intervenor, Franklin 11/03/2014 Business, Inc.'s Motion to Enforce October 1, 2014 Discovery Order
Defendants Ann Vo and Alex Yazdani's 1 110312014 Supplemental Documents Produced to all Parties
Defendants Ann Vo's And Alex 1110412014 Yazdani's Certificate Of Written Discovery
Defendants Vo and Alex YazdanisOpposed 1111112014 Motion for Extension of T i e To Comply with Court's October 21,2014 Order and Defendants Motion For Continuance of The December 1,2014 Trial Setting and Exhibit A
Intervenor Fmaklin Business Inc's Opposition 11/17/2014 to Defendants' Ann Vo's and Ali Reza Yazdani's Motions for Continuance and Joinder in Carter Plaintiffs Third Motion for Discovery Sanctions against Defendants and Defendants in Intervention Ann Vo and Ali Re
Plaintiffs Third Motion to Compel and Request for Sanctions and Application for Attorney's Fees and Motion to Strike Pleadings and/or Limit Testimony, together with all exhibits and proposed order
Order Sgnd Denying Mtn For 12/02/2014 Extension Of Time Order Signed Denying Trial Continuance
Defendants Tlie Blue Ballroom, Alex 12/22/2014 Yazdani's And Ann Vo Denys The Allegation In Franklin Business INC's Motion For Severance And The Blue BallRoom, Alex Yazdani's And Ann Vo Motion For Extension of Time To File An Response
Order Signed Granting Mtn For Extension 1212212014 Chris Daniels August 13,2015 Page 5
Of Time
63587705 Defendant Blue Ballroom LLC, Alex Yazdani 1212212014 and AM Vo Answer to The Intervenor Franklin Business Inc. Original Petition Of Intervention
Thank you for your assistance in this matter.
Very truly yours,
IS/ Melanie Martinez Melanie Martinez Paralegal to Benjamin L. Hall, I11
cc: William Van Fleet 530 Lovett Boulevard Telephone: (713) 942-9600 -. Houston, Texas 77006 Facsimile: (713) 942-9566 Benjamin L. Hall, Ill, Ph.D., J.D. Board Certified Personal Injury Trial Law Board Certified Civil Trial Law Texas Board of Legal Specialization
August 10,2015
Chris Daniels Harris County District Clerk Attn: Phyllis - Post Trial 201 Caroline, First Floor Houston, Texas 77002
Re: Cause No. 2013-00431A; Franklin Business, Znc. v. Damon Cobbs, et al; in the 157" Judicial District Court of Harris County, Texas
Please supplement any and all of the following records in the above-mentioned case to the Court of Appeals that have not been previously supplied:
ADDITIONAL DOCUMENTS T O SUPPLEMENT RECORD
IMAGENo.
62360377 Intervenor Franklin Business, Inc.'s Motion under Rule 2 15.1 to Compel Responses to Interrogatories and Requests for Production, together with all exhibits
Supplement to Intervenor Franklin Business , Inc's Rule 2 15.4 (a) Motion To Determine Suficiency of Ann Vo and Alex Yazadani's Responses and Objections to Intervenor's Request For Admissions and To Enforce The Court's October 1,2014 Order, together with all exhibits
Defendants Motion To Dismiss, Motion For Attorney Fee's; Defendants Response To Intervenor Motion To Determine Sufficiency Of Ann Vo Responses And Objection To Intervenor's Chris Daniels August 10,2015 Page 2
Request For Admissions, And Intervenor Request For Attomey's Fees
Intelvenor Franklin Business, Inc.'S Response In Opposition, And Rebuttal To Ann Vo's Octobes 14, 2014 Pleading 1
Attorney Sonya Chandler Anderson Motion for A Continuance and Proposed Order
Defendants Ann Vo's and Alex Yazdani's Certificate of Written Discovery
Supplement to Intervenor, Franklin Business, Inc.'s Motion to Enforce October 1, 20 14 Discovery Order
Defendants Ann Vo and Alex Yazdani's Supplemental Documents Produced to all Parties
Defendants Ann Vo's And Alex Yazdani's Certificate Of Written Discovery
Defendants Vo and Alex YazdanisOpposed Motion for Extension of Time To Comply with Court's October 21,2014 Order and Defendants Motion For Continuance of The December 1,2014 Trial Setting and Exhibit A
Intervenor Frnaklin Business Inc's Opposition to Defendants' Ann Vo's and Ali Reza Yazdani's Motions for Continuance and Joinder in Carter Plaintiffs Third Motion for Discovery Sanctions against Defendants and Defendants in Intervention Ann Vo and Ali Re
Plaintiffs Third Motion to Compel and Request for Sanctions and Application for Attorney's Fees and Motion to Strike Pleadings and/or Limit Testimony, together with all exhibits and proposed order Chris Daniels August 10,2015 Page 3
63381417 Order Sgnd Denying Mtn For 1210212014 Extension OFTitne Order Signed Denying Trial Continuance
63595549 Defendants The Blue Ballroom, Alex I2122120 14 Yazdani's And Ann Vo Denys The Allegation In Franklin Business INC's Motion For Severance And The Blue BallRoom, Alex Yazdani's And Ann Vo Motion For Extension of Time To File An Response
Order Signed Granting Mtn For Extension 1212212014 Of Time
Defendant Blue Ballroom LLC, Alex Yazdani 12/22/2014 and Ann Vo Answer to The Intervenor Franklin Business Inc. Original Petition Of Intervention
Thank you for your assistance in this matter
is/ Melanie Martinez Melanie Martinez Paralegal to Benjamin L. Hall, 111
cc: William Van Fleet