in Re CVR Energy, INC. and CVR Refining, LP

Opinion

ACCEPTED 01-15-00715-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 9/28/2015 2:59:29 PM CHRISTOPHER PRINE CLERK

No. 01-15-00715-CV FILED IN 1st COURT OF APPEALS IN THE COURT OF APPEALS HOUSTON, TEXAS FOR THE FIRST DISTRICT OF TEXAS 9/28/2015 2:59:29 PM CHRISTOPHER A. PRINE Clerk

In Re CVR Energy, Inc. and CVR Refining, L.P., Relators

Original proceeding from the 268th Judicial District Court Fort Bend County, Texas Tr. Ct. No. 2015-DCV-220330

OPPOSED SECOND MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO PETITION FOR WRIT OF MANDAMUS

TO THE FIRST COURT OF APPEALS:

Real Parties In Interest, Donald R. Collier, Jennifer J. Collier, Dale A.

Niemeyer, and Wendy Niemeyer, file this opposed second motion for

extension of time to file their response to the petition for writ of

mandamus, and requests the Court to extend the deadline for filing the

response from September 29, 2015 until October 9, 2015. In support of this

motion Real Parties In Interest show:

1 I.

This is an original proceeding wherein the Relator seeks mandamus

relief. This Court requested a response and set the date for responding on

September 29, 2015.

II.

This is Real Parties In Interest second request for an extension of

time to file its response.

III.

The response is almost complete and will be filed shortly. The

undersigned Medina was just married (last Saturday). Also, Medina and

Hootman have been in involved in the following matters that have

interfered with completion of the brief:

• No. 14-15-00618-CV; Ex parte Robert Clark Rhodes; Fourteenth Court of Appeals – Appellant’s Brief to be filed September 28, 2015 (Medina).

• No. 24681; KB Structures v. Jannise; 253th Judicial District, Chambers County, Texas – jury trial from September 21 thru 23, 2015 (Hootman).

• No. 15-50618; Med RX/Systems, P.L.L.C. v. Texas Department of State Services; United States Court of Appeals for the Fifth Circuit, New Orleans – Appellant’s Brief filed September 18, 2015 (Hootman).

2 WHEREFORE, Real Parties In Interest, Donald R. Collier, Jennifer J.

Collier, Dale A. Niemeyer, and Wendy Niemeyer, pray that this motion be

granted and that the Court extend the time to file their response to the

petition for mandamus from to September 29, 2015 until October 9, 2015.

Respectfully submitted,

/s/Timothy A. Hootman Timothy A. Hootman SBN 09965450 2402 Pease St Houston, TX 77003 713.247.9548; 713.583.9523 (f) Email: thootman2000@yahoo.com

/s/ David M. Medina David M. Medina , SBN 00000088 davidmedina@justicedavidmedina.com THE MEDINA LAW FIRM 5300 Memorial Dr., Ste. 890 Houston, TX 77007 ATTORNEYS FOR REAL PARTIES IN INTEREST, DONALD R. COLLIER, JENNIFER J. COLLIER, DALE A. NIEMEYER, AND WENDY NIEMEYER

3 CERTIFICATE OF CONFERENCE This is to certify that David Medina has attempted to confer with opposing

counsel regarding this motion. Opposing counsel was opposed to the first motion

and so he is probably opposed to this motion as well. Once the undersigned has

spoken with opposing counsel a supplemental certificate of conference will be

filed.

Dated: September 28, 2015.

/s/Timothy A. Hootman____________ Timothy A. Hootman

CERTIFICATE OF SERVICE I hereby certify that, in accordance with Rule 9.5 of the Texas Rules of

Appellate Procedure, I have served the forgoing document upon the following

attorneys by electronic service:

Phillip D. Sharp Martin, Disiere, Jefferson & Wisdom, LLP 808 Travis, 20th Fl Houston, TX 77002

Lee M. Smithyman Smithyman & Zakoura, Chartered 750 Commerce Plaza II 7400 West 110th Street Overland Park, KS 66210-2362 Dated: September 28, 2015.