Harris County v. International Paper Company

Opinion

ACCEPTED

01-15-00354-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS 11/18/2015 2:20:35 PM CHRISTOPHER PRINE

CLERK

No. 01-15-00354-CV

IN THE COURT OF APPEALS FILED IN 1st COURT OF APPEALS

FIRST JUDICIAL DISTRICT HOUSTON, TEXAS STATE OF TEXAS 11/18/2015 2:20:35 PM CHRISTOPHER A. PRINE

Clerk

Harris County, Texas,

and

The State of Texas, acting by and through the Texas Commission on Environmental Quality, a necessary and indispensable party,

Appellants/Cross-Appellees, v.

International Paper Company,

Appellee/Cross-Appellant.

ON APPEAL FROM HARRIS COUNTY, TEXAS THE 295TH DISTRICT COURT

NO. 2011-76724

UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLEE AND CROSS-APPELLANT BRIEF

Winstol D. Carter, Jr. Allyson N. Ho Texas Bar No. 03932950 Texas Bar No. 24033667 Craig A. Stanfield MORGAN, LEWIS & BOCKIUS LLP Texas Bar No. 24051371 1717 Main Street, Suite 3200 MORGAN, LEWIS & BOCKIUS LLP Dallas, Texas 75201 1000 Louisiana, Suite 4000 T. 214.466.4000 Houston, Texas 77002 F. 214.466.4001 T. 713.890.5000 F. 713.890.5001 Attorneys for International Paper Company

International Paper Company respectfully requests that this Court extend the

time to file its appellee and cross-appellant brief by 30 days until January 13, 2016.

See TEX. R. APP. P. 38.6(d).

International Paper is the appellee and cross-appellant in this matter. Harris

County, Texas and the State of Texas are the appellants and cross-appellees.

Harris County and the State filed their appellant briefs on November 13, 2015.

International Paper’s appellee and cross-appellant brief is currently due on

December 14, 2015.

“[T]he appellate court may extend the time for filing a brief . . . . A motion

to extend the time to file a brief may be filed before or after the date the brief is

due.” TEX. R. APP. P. 38.6(d); see also TEX. R. APP. P. 10.5(b)(1) (listing

requirements for motions to extend time).

International Paper requests an additional 30 days to file its appellee and

cross-appellant brief, extending the time until January 13, 2016. Harris County

and the State are unopposed to the extension. International Paper has not sought a

prior extension.

The requested extension is necessary because counsel for International Paper

has multiple upcoming deadlines. Please see the following:

 Ms. Ho has an amicus curiae brief due on November 27, 2015 in Douglas Cnty. School District, et al. v. Taxpayers for Public Education (Supreme Court of the United States, No. 15-557).

 Ms. Ho has a petition for en banc rehearing due on December 11, 2015 in EEOC v. McLane Co., Inc. (U.S. Court of Appeals for the Ninth Circuit, No. 13-15126).

 Ms. Ho has a reply brief due on December 24, 2015 in Oil States Energy Servs. v. Greene’s Energy Grp. (U.S. Court of Appeals for the Federal Circuit, No. 15-1855).

 Ms. Ho has a petition for writ of certiorari due on January 4, 2016 in Bible v.

United Student Aid Funds, Inc. (Petition to Supreme Court of the United States from U.S. Court of Appeals for the Seventh Circuit, No. 14-1806).

 Ms. Ho has a brief due on January 13, 2016 in AIG Specialty Ins. Co. v.

Tesoro Corp. et al. (U.S. Court of Appeals for the Fifth Circuit, No. 15-50953).

 Ms. Ho has a brief due on January 18, 2016 in Felicia Carter, et al v.

Westlex Corporation, et al. (U.S. Court of Appeals for the Fifth Circuit, No. 15-20561).

 Ms. Ho has an amicus curiae brief due on January 21, 2016 in NLRB v.

Banner Health System (U.S. Court of Appeals for the D.C. Circuit, No. 15-1245).

 Ms. Ho has oral argument scheduled for January 26, 2016 in Lund v. Rowan Cnty. (U.S. Court of Appeals for the Fourth Circuit, No. 15-1591).

 Ms. Ho has a brief due on January 28, 2016 in Stevens v. Rite Aid Corp.

(U.S. Court of Appeals for the Second Circuit, No. 15-277).

 Mr. Carter and Mr. Stanfield are counsel in a fast-moving arbitration in Motiva Enterprises LLC v. ACE American Ins. Co., et al. The fact discovery deadline for that arbitration is January 22, 2016. Between now and that time, twenty-two depositions are currently scheduled, the parties have agreed to schedule three more, and the parties hope to schedule fourteen additional depositions. The parties must also designate experts by December 11, 2015.

In addition, the Thanksgiving holiday is next week. Given these deadlines

and the upcoming holiday, International Paper seeks a 30-day extension so that its

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counsel has adequate time to prepare the brief, and International Paper has

adequate time to review it. International Paper contends that these reasons are

sufficient for the Court to grant an extension. See TEX. R. APP. P. 10.5(b)(1)

(requiring “facts relied on to reasonably explain the need for an extension”); Order

dated May 14, 2015 (“Motions for extensions of time will be considered only

under extraordinary circumstances.” (emphasis in original)).

CONCLUSION & PRAYER

For the foregoing reasons, International Paper respectfully requests that this

Court grant this Unopposed Motion to Extend the Time to File its Appellee and

Cross-Appellant Brief and extend the deadline to file that Brief to January 13,

2016.

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Date: November 18, 2015 Respectfully submitted,

/s/ Allyson N. Ho Allyson N. Ho Texas Bar No. 24033667 aho@morganlewis.com MORGAN, LEWIS & BOCKIUS LLP 1717 Main Street, Suite 3200 Dallas, Texas 75201 T. 214.466.4000 F. 214.466.4001

Winstol D. Carter, Jr. Texas Bar No. 03932950 wcarter@morganlewis.com Craig A. Stanfield Texas Bar No. 24051371 cstanfield@morganlewis.com MORGAN, LEWIS & BOCKIUS LLP 1000 Louisiana, Suite 4000 Houston, Texas 77002 T. 713.890.5000 F. 713.890.5001

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CERTIFICATE OF CONFERENCE I certify that that on November 18, 2015, I conferred by email regarding the

motion with counsel for all parties to this appeal. All parties are unopposed to the

relief sought in the foregoing document.

/s/ Allyson N. Ho Allyson N. Ho

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CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing document has been

served on the following parties via e-filing and email in compliance with the

requirements of the Texas Rules of Appellate Procedure on November 18, 2015:

Rock W.A. Owens Mary E. Smith Vince Ryan Anthony W. Benedict Terence L. O’Rourke Linda B. Secord OFFICE OF HARRIS COUNTY ATTORNEY OFFICE OF THE ATTORNEY GENERAL OF 1019 Congress, Room 1547 TEXAS Houston, Texas 77002 ENVIRONMENTAL PROTECTION DIVISION rock.owens@cao.hctx.net P.O. Box 12548, Capitol Station Austin, Texas 78711

Debra Tsuchiyama Baker mary.smith@texasattorneygeneral.gov Earnest W. Wotring anthony.benedict@texasattorneygeneral.gov John Muir linda.secord@texasattorneygeneral.gov David George BAKER WOTRING, LLP Attorneys for the State of Texas 600 Travis, Suite 700 Houston, Texas 77002 dbaker@connellybaker.com ewotring@connellybaker.com jmuir@connellybaker.com dgeorge@connellybaker.com

Attorneys for Harris County, Texas

/s/ Allyson N. Ho Allyson N. Ho