Daniel Leon Stein v. John Reger and SHU W. Reger

Court of Appeals of Texas·Decided November 9, 2015·No. 01-15-00470-CV·Published

Opinion

ACCEPTED

01-15-00470-cv

FIRST COURT OF APPEALS

HOUSTON, TEXAS

11/9/2015 5:11:59 PM

CHRISTOPHER PRINE

CLERK

NO. 01-15-00470-CV

FILED IN

1st COURT OF APPEALS

In The First Court of Appeals HOUSTON, TEXAS Houston, Texas 11/9/2015 5:11:59 PM CHRISTOPHER A. PRINE

Clerk

DANIEL LEON STEIN,

Appellant,

V.

JOHN REGER and SHU W. REGER, Appellees.

On Appeal from the 281st District Court Harris County, Texas

Trial Court Cause No. 2014-25605

UNOPPOSED THIRD MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF

TO THE HONORABLE COURT OF APPEALS:

Appellant, Daniel Leon Stein, files this unopposed third motion for extension of time to file his brief, under Texas Rules of Appellate Procedure 38.6(d) and 10.5(b)(1):

A. INTRODUCTION.

1. This is an appeal from a summary judgment.

2. Appellant’s brief is currently due November 9, 2015.

3. This Court ordered the parties to mediation. Though the case has not settled yet, the parties are in good faith negotiations, and expect the matter to be resolved soon.

4. Appellant has sought and received two thirty day extensions.

5. This motion seeks an additional time of 30 days, up to and including December 9, 2015.

B. BASES FOR EXTENSIONS.

6. In addition to attempting to prepare the brief in this case, Mr. Kelly has been working on the following deadlines:

* Prepared a brief in New Hampshire Insurance Company v. Candis Mora, el al., Cause No. 01-15-00406-CV, in the First Court of Appeals, Houston, Texas, filed on October 22, 2015;

* Preparing a response and for a hearing on a motion to compel in Carolyn Jodel Trotter v. River City Bus Company, LLC, River City Coaches, Inc.

and Maclovio Adams, Jr., Cause No. 2014-CI-10152, in the 45th Judicial District Court, Bexar County, San Antonio, on November 10, 2015;

* Preparing for a response to emergency motion in Carolyn P. Austin v.

Coface Seguro De Credito Mexico, S.A. DE C.V., et al., Cause No. 01-

15-00760-CV, in the First Court of Appeals, Houston, Texas;

* Preparing a brief on the merits in Brenda Ponce and Ricco Gonzalez, as Natural Parents, Next Friends and Legal Guardians of E.G., a minor v.

Memorial Hermann Health System d/b/a Memorial Hermann Memorial City Hospital, Cause No. 15-0042, in the Supreme Court of Texas, due on November 12, 2015; and * Preparing for hearing on a motion for new trial/ motion for reconsideration of summary judgment in Carto Properties, LLC, Jen Marie Rau, Individually, Key Maps, Inc. and The Jen Marie Rau Life Insurance v. Briar Capital, L.P., et al., Cause No. 2015-09664, in the 11th Judicial District Court, Harris County, on November 16, 2015.

C. PRAYER.

7. Therefore, appellant asks that the Court grant his request for an extension of 30 days to file his brief, or up to and including December 9, 2015.

Respectfully submitted,

KELLY, DURHAM & PITTARD, L.L.P.

By: /s/ Peter M. Kelly Peter M. Kelly (Lead Counsel)

State Bar No. 00791011

1005 Heights Boulevard

Houston, Texas 77008

Telephone: 713.529.0048

Facsimile: 713.529.2498

Email: pkelly@texasappeals.com

THE LEON LAW FIRM, P.C.

By: /s/ Carlos Leon

Carlos A. Leon

State Bar No.00794157

Piero A. Garcia

State Bar No.24090112

Comerica Bank Building

One Sugar Creek Center Blvd., Ste. 980 Telephone: 281.980.4529

Facsimile: 281.980.4530

Counsel for Appellant

Daniel Leon Stein

CERTIFICATE OF CONFERENCE

I, Peter M. Kelly, certify that I have conferred with opposing counsel, and Robert Browning does not oppose this request for an extension of time.

/s/ Peter M. Kelly

Peter M. Kelly

CERTIFICATE OF COMPLIANCE

Relying on the word count function in the word processing software used to produce this document, I certify that the number of words in this motion (excluding any caption, signature, proof of service, and certificate of compliance) is 378.

This motion complies with the typeface requirements of TRAP 9 because:

WordPerfect X6 in 14-point Aldine401 BT.

/s/ Peter M. Kelly

Peter M. Kelly

CERTIFICATE OF SERVICE

A true and correct copy of this Unopposed Motion for Extension has been forwarded to all counsel of record on November 9, 2015, as follows:

Kenneth G. Engerrand (Lead Counsel) Robert M. Browning James L. Silliman BROWN SIMS, P.C. 1177 West Loop South, Tenth Floor Houston, Texas 77027-9007 kengerrand@brownsims.com rbrowning@brownsims.com jsilliman@brownsims.com

Counsel for Appellees John Reger and Shu W. Reger

/s/ Peter M. Kelly

Peter M. Kelly

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ACCEPTED

01-15-00470-cv

FIRST COURT OF APPEALS

HOUSTON, TEXAS

11/9/2015 5:11:59 PM

CHRISTOPHER PRINE

CLERK

NO. 01-15-00470-CV

FILED IN

1st COURT OF APPEALS

In The First Court of Appeals HOUSTON, TEXAS Houston, Texas 11/9/2015 5:11:59 PM CHRISTOPHER A. PRINE

Clerk

DANIEL LEON STEIN,

Appellant,

V.

JOHN REGER and SHU W. REGER, Appellees.

On Appeal from the 281st District Court Harris County, Texas

Trial Court Cause No. 2014-25605

UNOPPOSED THIRD MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF

TO THE HONORABLE COURT OF APPEALS:

Appellant, Daniel Leon Stein, files this unopposed third motion for extension of time to file his brief, under Texas Rules of Appellate Procedure 38.6(d) and 10.5(b)(1):

A. INTRODUCTION.

1. This is an appeal from a summary judgment.

2. Appellant’s brief is currently due November 9, 2015.

3. This Court ordered the parties to mediation. Though the case has not settled yet, the parties are in good faith negotiations, and expect the matter to be resolved soon.

4. Appellant has sought and received two thirty day extensions.

5. This motion seeks an additional time of 30 days, up to and including December 9, 2015.

B. BASES FOR EXTENSIONS.

6. In addition to attempting to prepare the brief in this case, Mr. Kelly has been working on the following deadlines:

* Prepared a brief in New Hampshire Insurance Company v. Candis Mora, el al., Cause No. 01-15-00406-CV, in the First Court of Appeals, Houston, Texas, filed on October 22, 2015;

* Preparing a response and for a hearing on a motion to compel in Carolyn Jodel Trotter v. River City Bus Company, LLC, River City Coaches, Inc.

and Maclovio Adams, Jr., Cause No. 2014-CI-10152, in the 45th Judicial District Court, Bexar County, San Antonio, on November 10, 2015;

* Preparing for a response to emergency motion in Carolyn P. Austin v.

Coface Seguro De Credito Mexico, S.A. DE C.V., et al., Cause No. 01-

15-00760-CV, in the First Court of Appeals, Houston, Texas;

* Preparing a brief on the merits in Brenda Ponce and Ricco Gonzalez, as Natural Parents, Next Friends and Legal Guardians of E.G., a minor v.

C. PRAYER.

7. Therefore, appellant asks that the Court grant his request for an extension of 30 days to file his brief, or up to and including December 9, 2015.

Respectfully submitted,

KELLY, DURHAM & PITTARD, L.L.P.

By: /s/ Peter M. Kelly Peter M. Kelly (Lead Counsel)

State Bar No. 00791011

1005 Heights Boulevard

Houston, Texas 77008

Telephone: 713.529.0048

Facsimile: 713.529.2498

Email: pkelly@texasappeals.com

THE LEON LAW FIRM, P.C.

By: /s/ Carlos Leon

Carlos A. Leon

State Bar No.00794157

Piero A. Garcia

State Bar No.24090112

Comerica Bank Building

One Sugar Creek Center Blvd., Ste. 980 Telephone: 281.980.4529

Facsimile: 281.980.4530

Counsel for Appellant

Daniel Leon Stein

CERTIFICATE OF CONFERENCE

I, Peter M. Kelly, certify that I have conferred with opposing counsel, and Robert Browning does not oppose this request for an extension of time.

/s/ Peter M. Kelly

Peter M. Kelly

CERTIFICATE OF COMPLIANCE

This motion complies with the typeface requirements of TRAP 9 because:

WordPerfect X6 in 14-point Aldine401 BT.

/s/ Peter M. Kelly

Peter M. Kelly

CERTIFICATE OF SERVICE

A true and correct copy of this Unopposed Motion for Extension has been forwarded to all counsel of record on November 9, 2015, as follows:

Counsel for Appellees John Reger and Shu W. Reger

/s/ Peter M. Kelly

Peter M. Kelly

Daniel Leon Stein v. John Reger and SHU W. Reger, (Tex. Ct. App. 2015).

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