in the Interest of Kimberley Trimmer-Davis

Opinion

ACCEPTED 01-15-00495-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 6/22/2015 4:28:22 PM CHRISTOPHER PRINE CLERK

No. 01-15-00495-CV _______________________________________________ FILED IN 1st COURT OF APPEALS In the Court of Appeals for the HOUSTON, TEXAS First District of Texas at Houston 6/22/2015 4:28:22 PM _______________________________________________ CHRISTOPHER A. PRINE Clerk

IN RE KIMBERLEY TRIMMER-DAVIS, Relator _______________________________________________

Original Proceeding from the 295th Judicial District Court Harris County, Texas Trial Court Case No. 2010-11410 The Honorable Caroline J. Baker ______________________________________________________________

Unopposed Motion for Extension of Time to File Response to Petition for Writ of Mandamus ______________________________________________________________

To The Honorable First Court of Appeals:

The City of Houston moves for a seven-day extension of time through

July 1, 2015, to file its response to petition for writ of mandamus and would

respectfully show as follows:

1. Relator filed her Petition for Writ of Mandamus on June 1, 2015.

2. By Order dated June 4, 2015, the Court requested a response within 20

days, or June 24, 2015.

3. No previous extensions have been granted for this motion. 4. The undersigned has a busy appellate practice, including related trial

court motions and hearings, with the City. Among other briefs the

undersigned has been working on during this briefing period are:

a. City of Houston’s Response to Plaintiff’s Motion to Exclude Expert Testimony in Lopez v. City of Houston, No. 2014-29969 in the 190th District Court of Harris County, filed June 19, 2015;

b. Preparing for and participating in hearing on above motion to exclude, on June 22, 2015; and

c. City of Houston’s Reply Brief on the Merits in Houston Belt & Terminal Railway Co. et al. v. City of Houston, et al., No. 14-0459 in the Supreme Court of Texas, due June 26, 2015.

5. Relator is not opposed to this motion.

6. This motion is not for delay only but so that justice may be done.

For these reasons, Real Party in Interest asks that this Court grant it a

seven-day extension of time to file its response, and grant any other relief to

which it is entitled.

2 Respectfully submitted,

DONNA L. EDMUNDSON City Attorney DONALD J. FLEMING Chief, Labor, Employment & Civil Rights Section

By: /s/ Robert W. Higgason Robert W. Higgason Senior Assistant City Attorney State Bar No. 09590800 CITY OF HOUSTON LEGAL DEPARTMENT 900 Bagby, 3rd Floor Houston, Texas 77002 Telephone: 832.393.6481 Facsimile: 832.393.6259 robert.higgason@houstontx.gov

Attorneys for Real Party in Interest City of Houston

Certificate of Conference

I hereby certify that I conferred with Relator’s counsel and Relator does not oppose this motion.

/s/ Robert W. Higgason Robert W. Higgason

3 Certificate of Service

I hereby certify that on June 22, 2015, a true and correct copy of the foregoing has been served on counsel below via e-service or U.S. Mail.

Kim K. Ogg R. Scott Poerschke, Jr. The Ogg Law Firm, PLLC 3215 Mercer, Suite 100 Houston, Texas 77027 kimogg@ogglawfirm.com scott@ogglawfirm.com

Counsel for Relator Kimberley Trimmer-Davis

The Honorable Caroline Baker 295th Judicial District Court 201 Caroline, 14th Floor Houston, Texas 77002

Respondent /s/ Robert W. Higgason Robert W. Higgason