Human Biostar, Inc. and RNL Bio, Ltd. N/K/A K-Stemcell Co. Ltd v. Celltex Therapeutics Corporation

Opinion

ACCEPTED

14-15-00234-CV

FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 4/20/2015 1:02:09 PM CHRISTOPHER PRINE

CLERK

No. 14-15-00234-CV

4/20/2015

In the Court of Appeals

For the Fourteenth District of Texas Houston, Texas

Human Biostar, Inc.,

Appellant

vs.

Celltex Therapeutics Corporation Appellee

Appeal from the 434th Judicial District Court of Fort Bend County, Texas

Trial Court Cause No. 12-DCV-202563

APPELLANT HUMAN BIOSTAR, INC.’S FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLANT

Mr. Bruce C. Tough State Bar No. 20151500 Tough Law Firm, PLLC 819 Crossbridge Drive Spring, Texas 77373 btough@toughlawfirm.net telephone: (281) 681-0808 telecopier: (281) 281-0809 Lead Counsel for Appellant Human Biostar, Inc.

No. 14-15-00234-CV

In the Court of Appeals

For the Fourteenth District of Texas Houston, Texas

Human Biostar, Inc.,

Appellant

vs.

Celltex Therapeutics Corporation Appellee

Appeal from the 434th Judicial District Court of Fort Bend County, Texas

Trial Court Cause No. 12-DCV-202563

APPELLANT HUMAN BIOSTAR, INC.’S FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLANT

TO THE HONORABLE FOURTEENTH COURT OF APPEALS:

NOW COMES Appellant, Human Biostar, Inc., to file its first motion for

an extension of time to file their Brief of Appellant pursuant to Rule 10.5 (b)

of the Texas Rules of Appellate Procedure. In support thereof, the Appellant

would respectfully show the Court as follows:

1. The Court has noticed the deadline for filing the Brief of the

Appellant on or before May 13, 2015.

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2. In accordance with Texas Rules of Appellate Procedure Rule

10.5 (b), Appellant Human Biostar, Inc. requests this first extension of time

of thirty (30) days to file the Brief of Appellant in reliance upon the following

reasonable facts to explain the need for an extension, shown as follows:

2a. A motion for reconsideration of the order of the trial court

confirming the arbitration award and to vacate the arbitration award and grant

a new arbitration in the underlying trial matter in Fort Bend County, Texas,

filed by RNL BIO Co. LTD. n/k/a K-Stemcell Co., Ltd., is set for April 27, 2015

and may render moot the necessity for the appeal.

2b. Appellant’s counsel also requests this extension out of an

abundance of caution in the event that demands on the time and resources

of Appellant’s counsel become overwhelming.

2c. Appellant’s counsel is lead counsel on several trial matters for

which trial court settings are scheduled. Appellant’s counsel is scheduled for

a two-week trial court setting to commence on April 27, 2015 in the 125th

Judicial District Court of Harris County. Appellant’s counsel is scheduled for

two two-week trial court settings scheduled during the two-week trial period

of May 18, 2015 in Harris County, Texas, one in the 80th Judicial District

Court and the other in the 234th Judicial. It is further anticipated that a two-

week trial court setting will be re-set in a matter in the 125th Judicial District

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of Harris County in May or June. One of these trial matters presumably has

been settled; however, because a settlement agreement has not been

executed and a judgment filed, the possibility of the matter going to trial

remains a possibility. These foregoing matters will require extensive time and

preparation.

2d. Appellant’s counsel was retained in this appellate matter shortly

before the March 16, 2015 notice of restricted appeal was filed and has been

in the process of familiarizing himself with the history and issues in this case.

3. No previous extensions of time have been sought by Appellant.

4. On April 18, 2015, Counsel for Appellee Celltex Therapeutics

Corporation, Grant Cook, emailed our office that his client was opposed to

the motion to extend. Counsel for Appellant also conferred with the counsel

for Appellant RNL BIO Co. LTD. n/k/a K-Stemcell Co., Ltd. who indicated

consent to the motion to extend the time to file the Appellant’s Brief.

5. Based on the foregoing, Appellant Human Biostar, Inc. prays that

this Court will grant the extension of time to file the Brief of the Appellant

Human Biostar, Inc. for thirty (30) days from May 13, 2015 until June 12,

2015.

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Respectfully submitted,

TOUGH LAW FIRM, PLLC

/s/ Bruce C. Tough Bruce C. Tough btough@toughlawfirm.net email State Bar No. 20151500 819 Crossbridge Drive Spring, Texas 77373 (281) 681-0808 telephone (281) 681-0809 telecopy LEAD COUNSEL FOR APPELLANT HUMAN BIOSTAR, INC.

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Certificate of Service

I hereby certify that a true and correct copy of the foregoing document has been forwarded by e-filing and e-service to all lead counsel of record, on this 20th day of April, 2015, as follows:

Grant Cook GREENBERG TRAURIG, LLP 1000 Louisiana, Suite 1700 Houston, Texas 77002 PHONE: (713) 374-3500 FAX: (713) 374-3505

RICHARD L. TATE SARAH VIDA TATE, MOERER & KING, LLP 206 South Second Street Richmond, Texas 77469 Phone: (281) 341-0077 Fax: (281) 341-1003

ATTORNEYS FOR PLAINTIFF CELLTEX THERAPEUTICS CORPORATION

Paula E. Hughes 11815 FM 756 Whitehouse, Texas 75791 Tel. (903) 839-8106 Email: pehughes11@yahoo.com Attorney for RNL Bio Co Ltd N/K/A/-Stemcell Co. Ltd

/s/ Bruce C. Tough Bruce C. Tough