Gopikrishna P. Doraiswamy v. Piping Technology & Products, Inc.

Opinion

ACCEPTED 14-15-00007-cv FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 7/1/2015 12:40:32 PM CHRISTOPHER PRINE CLERK

NO. 14-15-00007-CV __________________________________________ FILED IN 14th COURT OF APPEALS IN THE HOUSTON, TEXAS FOURTEENTH COURT OF APPEALS 7/1/2015 12:40:32 PM HOUSTON, TEXAS CHRISTOPHER A. PRINE ___________________________________________ Clerk

GOPIKRISHNA P. DORAISWAMY Appellant,

v.

PIPING TECHNOLOGY & PRODUCTS, INC., Appellee. ______________________________________

On Appeal from the 333rd Judicial District Court of Harris County, Texas Trial Court No. 2014-53760 ______________________________________

APPELLEE’S OPPOSED SECOND MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF ______________________________________

TO THE HONORABLE FOURTEENTH COURT OF APPEALS:

Appellee, PIPING TECHNOLOGY & PRODUCTS, INC. (“Appellee”), in

accordance with Texas Rules of Appellate Procedure 38.6(d) and 10.5(b), requests

this Court to extend time to file Appellee’s brief in this cause for fourteen (14)

days:

1. On December 10, 2014, the trial court granted a temporary injunction in

favor of Appellee in cause no. 2014-53760. On December 30, 2014, Appellant filed a notice of accelerated appeal.

2. After three extensions of time to file Appellant’s opening brief, Appellant

filed his brief with this Court on April 30, 2015.

3. Appellee’s response brief is currently due to be filed on or before July 6,

2015.

4. This motion seeks an extension of time of fourteen (14) days, up to and

including July 20, 2015. Appellee previously sought one extension in this matter.

5. As grounds for the extension, counsel for Appellee PIPIING

TECHNOLOGY & PRODUCTS, INC. states the following. Appellee’s counsel

has been unable to complete the brief by the current deadline due to his

involvement in the following matters, which have required immediate attention:

(a) Preparation for federal jury trial to commence on July 24; C.A. No. 4-13-cv-2694; Derousalle Mosley v. FNU, et al.; In the United States District Court for the Southern District of Texas, Houston Division;

(b) Preparation of Appellee’s Brief – No. 15-1878; Gateway Customer Solutions, LLC v. GC Services Limited Partnership; in the United States Court of Appeals for the Eighth Circuit;

(c) Attend deposition on July 5; Cause No. 33354; Navasota Oilfield Services, Inc. v. Christopher Acklin; in the 12th District Court of Grimes County, Texas;

(d) Attend depositions on July 7, 10, and 13; Cause No. 2014-70363; Page Southerland Page, et al v. Jag Holdings, Inc., et al; in the 133rd Judicial District of Harris County, Texas; (e) Prepare for and attend meditation; C.A. No. 4:14-cv-03073; Linda Donnie v. Central United Life. Ins.; in the United States District Court for the Southern District of Texas, Houston Division; and

(f) Attend depositions in San Diego, California on July 17 – 20; C.A. 4:15-cv-01112; Bowen, Miclette & Britt Insurance Agency, LLC vs. Alliant Insurance Services, Inc.; in the United States District Court for the Southern District of Texas, Houston Division.

6. Appellee seeks this extension not for delay, but for good cause to allow

counsel sufficient time to prepare Appellee’s brief.

PRAYER

For the above reasons, Appellee, PIPIING TECHNOLOGY & PRODUCTS,

INC., respectfully requests this Court to grant an extension of time to file

Appellee’s brief up to and including July 20, 2015. Appellee further requests

general relief.

Respectfully submitted,

CHAMBERLAIN, HRDLICKA, WHITE, WILLIAMS & AUGHTRY

By: /s/ William S. Helfand William S. Helfand SBOT: 09388250 bill.helfand@chamberlainlaw.com C. Larry Carbo III SBOT: 24031916 larry.carbo@chamberlainlaw.com Ryan S. MacLeod SBOT: 24068346 Ryan.macleod@chamberlainlaw.com 1200 Smith Street, Suite 1400 Houston, Texas 77002 (713) 654-9630 (713) 658-2553 (Fax)

ATTORNEYS FOR PIPING TECHNOLOGY & PRODUCTS, INC.

CERTIFICATE OF CONFERENCE

As required by TEX. R. APP. P. 10.1(a)(5), the undersigned certifies that he reasonably attempted to confer with counsel for Appellant by email and telephone on July 1, 2015, regarding whether Appellant is opposed to the relief sought herein.

/s/ Ryan S. MacLeod Ryan S. MacLeod

CERTIFICATE OF SERVICE

I hereby certify that the foregoing document has been filed in the office of the Clerk of the Fourteenth Court of Appeals and a true and correct copy of same has been provided to counsel listed below in a manner consistent with the Texas Rules of Appellate Procedure on this 1st day of July, 2015.

TRACEY N. ELLISON SBOT: 15054720 KELLEY M. KELLER SBOT: 11198240 5120 Woodway Dr., Suite 6019 Houston, Texas 77056 Telephone: (713)266-8218 Facsimile: (713)266-8201 tellison@ellison-keller.com

/s/William S. Helfand William S. Helfand 1928346.1 004286..000003