ACCEPTED 01-15-00285-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 9/24/2015 3:50:52 PM CHRISTOPHER PRINE CLERK
No. 01-15-00285-CV
FILED IN IN THE 1st COURT OF APPEALS HOUSTON, TEXAS 9/24/2015 3:50:52 PM FIRST COURT OF APPEALS CHRISTOPHER A. PRINE Clerk HOUSTON, TEXAS
JACKIE ANDERSON, PATRICK COCKERHAM, DIANN BANKS, HERBERT LENTON, and MABLE CALEB,
Plaintiff-Appellants
v.
TERRY GRIER, SUPERINTENDENT OF THE HOUSTON INDEPENDENT SCHOOL DISTRICT,
Defendant-Appellee
Appeal from the 164th Judicial District of Harris County; Trial Court Cause No. 2010-21712 (Hon. Alexandra Smoots-Hogan)
APPELLANTS’ CORRECTED OPPOSED SECOND MOTION FOR EXTENSION OF TIME TO FILE THE APPELLANTS’ BRIEF
Laurence W. Watts State Bar No. 20981000 P.O. Box 2214 Missouri City, Texas 77459 Tel (281) 431-1500 Fax (877) 797-4055 Email: wattstrial@gmail.com COUNSEL FOR PLAINTIFFS-APPELLANTS No. 01-15-00285-CV
IN THE
FIRST COURT OF APPEALS
HOUSTON, TEXAS
JACKIE ANDERSON, PATRICK COCKERHAM, DIANN BANKS, HERBERT LENTON, and MABLE CALEB,
TERRY GRIER, SUPERINTENDENT OF THE HOUSTON INDEPENDENT SCHOOL DISTRICT,
APPELLANTS’ CORRECTED OPPOSED SECOND MOTION FOR EXTENSION OF TIME TO FILE THE APPELLANTS’ BRIEF
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
Come Now the Plaintiff-Appellants Jackie Anderson, Patrick Cockerham,
Diann Banks, Herbert Lenton, and Mable Caleb, (hereafter referred to collectively as
“Appellants”), and file this their Opposed Second Motion for Extension of Time to
File the Appellants’ Brief, and for cause would respectfully show the following:
2 I.
1. Appellants brought this suit against Defendant-Appellee, Doctor Terry
Grier, Superintendent of Houston Independent School District (hereafter referred to
as “Appellee”).
2. On February 27, 2015, the trial court signed an order granting Appellee’s
Plea to the Jurisdiction and dismissing the Appellants’ claims.
3. Appellants timely filed their Notice of Appeal to this Court on March 25,
2015.
II.
4. The original deadline for filing Appellants’ brief was August 19, 2015;
however, for a number of reasons, and due to no fault of the Appellants themselves,
the Appellants’ brief was not timely filed.
5. Appellants filed an unopposed motion for leave to file out of time and
for extension of time to file the Appellants’ brief. The Court granted the Motion and
extended the time for filing Appellants’ brief until September 25, 2015.
6. Appellants respectfully request a second extension of time by twenty-
one (21) days until October 16, 2015, to file their brief, and for exigent and necessary
reasons, to wit:
a. On September 2, 2015, Appellant’s counsel was admitted to
Methodist Hospital-Sugar Land because of a cardiac sinus rhythm
3 relapse.
b. Appellants’ counsel was released from the hospital on September 5,
2015, and returned to full duties and responsibilities on September 7,
c. The relapse was immediately treated with a medicine requiring
“license administrator/physician” and a “licensed hospital”, pending
an atrial ablation “pre-op” scheduled for on September 25, 2015, and
procedure scheduled for October 2, 2015 (originally scheduled for
October 6, 2015).
d. As a result, Appellant’s counsel has been medically restricted from
any travel outside of Harris County (Houston) area or any activities
involving substantial stress pending these procedures. (See Exhibit
1, Letter, Dr. Gopi Shah, M.D.)
e. Then, on September 17, 2015, the spouse of Appellants’ counsel was
transported by ambulance to and admitted by Methodist Hospital
Sugar Land, Heart Center, through September 18, 2015,
accompanied by Appellants’ counsel, who has been caring for his
wife.
f. Appellants’ counsel, medically restricted from travelling outside of
Harris County (Houston), was compelled to appear electronically
4 from his office for previously scheduled depositions in Wichita Falls,
Texas, on September 21, 22 (from 9:00 a.m. through after 5:00 p.m.),
and September 23, 2015 (from 9:00 a.m. through 4:00 p.m.).
(Amaryllis Mitchell v. Texas Department of Criminal Justice; Cause
No. 180032a; in the 30th Judicial District Court, Wichita County,
Texas.)
g. In addition, Appellants’ counsel was obtaining a temporary
restraining order (issued September 17, 2015) and preparing for the
hearing on a temporary injunction in Beaumont, Texas, on
September 23, 2015, in the matter of Ella Johnston-Leger v. City of
China; Cause No. E197561; in the 172nd Judicial District Court.
Jefferson County, Texas.1
h. Furthermore, Appellants’ counsel is simultaneously preparing
appellate briefs in two other cases that are due on September 24 and
25, 2014, and for which Appellants’ counsel will also be requesting
extensions of time due to his medical appointments, including: the
appellant’s brief to the United States Court of Appeals for the Fifth
1 Appellants’ counsel, unable to personally attend per his doctor’s orders, prepared his newly hired associate attorney to attend the hearing, and necessarily accompanied by another attorney. Appellants’ counsel has recently hired new attorneys and support staff who are in the process of being trained, and this has contributed to the need for extensions of time.
5 Circuit in Mable Caleb v. Terry Grier, et al., Case No. 15-20297 (a
ten (10) day extension will be requested); and the appellant’s brief
due to the Texas Court of Appeals for the Ninth District in Cynthia
Jackson v. Port Arthur Independent School District, et al.; No. 09-
15-00227-CV (a thirty (30) day extension will be requested).
i. Within the past two weeks, Appellants’ counsel has also prepared the
appellant’s brief to the United States Court of Appeals for the Fifth
Circuit in Eric Heilman v. Jefferson County, et al., Case No. 15-
40010, which was filed on September 13, 2015.
j. Prior to that, Appellants’ counsel was preparing the appellant’s brief
to this Court filed on August 31, 2015, with extensions of time, in
Brian Waterman v. McKinney Independent School District; Case No.
15-40458.
7. Due to the briefing and scheduling obligations of Appellants’ counsel in
other matters, his serious and unanticipated medical and personal issues, and due to
no fault of the Appellants themselves, additional time to review and adequately
prepare Appellants’ brief in this case is necessary.
III. Conference
8. On September 22, 2015, Appellants’ counsel conferred with opposing
counsel of record, Mr. John Hopkins, who stated that the Appellees are opposed to
6 this Motion.
CONCLUSION & PRAYER
9. WHEREFORE, Appellants respectfully pray that the Honorable
Court grant this Motion and a second extension of time to file the Appellants’ brief
by twenty-one (21) days, until and through October 16, 2015.
10. This Motion is not made for delay alone but that justice be done.
Respectfully submitted,
WATTS & COMPANY LAWYERS, LTD.
/s/ Larry Watts Laurence (“Larry”) Watts State Bar No. 20981000 P.O. Box 2214 Missouri City, Texas 77459 Tel (281) 431-1500 Fax (877) 797-4055 wattstrial@gmail.com
ATTORNEYS FOR PLAINTIFFS-APPELLANTS
7 VERIFICATION
I, Larry Watts, hereby verify that any and all facts stated herein that are not
contained in the record are true and correct based on my personal knowledge, under
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ACCEPTED 01-15-00285-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 9/24/2015 3:50:52 PM CHRISTOPHER PRINE CLERK
No. 01-15-00285-CV
FILED IN IN THE 1st COURT OF APPEALS HOUSTON, TEXAS 9/24/2015 3:50:52 PM FIRST COURT OF APPEALS CHRISTOPHER A. PRINE Clerk HOUSTON, TEXAS
JACKIE ANDERSON, PATRICK COCKERHAM, DIANN BANKS, HERBERT LENTON, and MABLE CALEB,
Plaintiff-Appellants
v.
TERRY GRIER, SUPERINTENDENT OF THE HOUSTON INDEPENDENT SCHOOL DISTRICT,
Defendant-Appellee
Appeal from the 164th Judicial District of Harris County; Trial Court Cause No. 2010-21712 (Hon. Alexandra Smoots-Hogan)
APPELLANTS’ CORRECTED OPPOSED SECOND MOTION FOR EXTENSION OF TIME TO FILE THE APPELLANTS’ BRIEF
Laurence W. Watts State Bar No. 20981000 P.O. Box 2214 Missouri City, Texas 77459 Tel (281) 431-1500 Fax (877) 797-4055 Email: wattstrial@gmail.com COUNSEL FOR PLAINTIFFS-APPELLANTS No. 01-15-00285-CV
IN THE
FIRST COURT OF APPEALS
HOUSTON, TEXAS
JACKIE ANDERSON, PATRICK COCKERHAM, DIANN BANKS, HERBERT LENTON, and MABLE CALEB,
TERRY GRIER, SUPERINTENDENT OF THE HOUSTON INDEPENDENT SCHOOL DISTRICT,
APPELLANTS’ CORRECTED OPPOSED SECOND MOTION FOR EXTENSION OF TIME TO FILE THE APPELLANTS’ BRIEF
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
Come Now the Plaintiff-Appellants Jackie Anderson, Patrick Cockerham,
Diann Banks, Herbert Lenton, and Mable Caleb, (hereafter referred to collectively as
“Appellants”), and file this their Opposed Second Motion for Extension of Time to
File the Appellants’ Brief, and for cause would respectfully show the following:
2 I.
1. Appellants brought this suit against Defendant-Appellee, Doctor Terry
Grier, Superintendent of Houston Independent School District (hereafter referred to
as “Appellee”).
2. On February 27, 2015, the trial court signed an order granting Appellee’s
Plea to the Jurisdiction and dismissing the Appellants’ claims.
3. Appellants timely filed their Notice of Appeal to this Court on March 25,
2015.
II.
4. The original deadline for filing Appellants’ brief was August 19, 2015;
however, for a number of reasons, and due to no fault of the Appellants themselves,
the Appellants’ brief was not timely filed.
5. Appellants filed an unopposed motion for leave to file out of time and
for extension of time to file the Appellants’ brief. The Court granted the Motion and
extended the time for filing Appellants’ brief until September 25, 2015.
6. Appellants respectfully request a second extension of time by twenty-
one (21) days until October 16, 2015, to file their brief, and for exigent and necessary
reasons, to wit:
a. On September 2, 2015, Appellant’s counsel was admitted to
Methodist Hospital-Sugar Land because of a cardiac sinus rhythm
3 relapse.
b. Appellants’ counsel was released from the hospital on September 5,
2015, and returned to full duties and responsibilities on September 7,
c. The relapse was immediately treated with a medicine requiring
“license administrator/physician” and a “licensed hospital”, pending
an atrial ablation “pre-op” scheduled for on September 25, 2015, and
procedure scheduled for October 2, 2015 (originally scheduled for
October 6, 2015).
d. As a result, Appellant’s counsel has been medically restricted from
any travel outside of Harris County (Houston) area or any activities
involving substantial stress pending these procedures. (See Exhibit
1, Letter, Dr. Gopi Shah, M.D.)
e. Then, on September 17, 2015, the spouse of Appellants’ counsel was
transported by ambulance to and admitted by Methodist Hospital
Sugar Land, Heart Center, through September 18, 2015,
accompanied by Appellants’ counsel, who has been caring for his
wife.
f. Appellants’ counsel, medically restricted from travelling outside of
Harris County (Houston), was compelled to appear electronically
4 from his office for previously scheduled depositions in Wichita Falls,
Texas, on September 21, 22 (from 9:00 a.m. through after 5:00 p.m.),
and September 23, 2015 (from 9:00 a.m. through 4:00 p.m.).
(Amaryllis Mitchell v. Texas Department of Criminal Justice; Cause
No. 180032a; in the 30th Judicial District Court, Wichita County,
Texas.)
g. In addition, Appellants’ counsel was obtaining a temporary
restraining order (issued September 17, 2015) and preparing for the
hearing on a temporary injunction in Beaumont, Texas, on
September 23, 2015, in the matter of Ella Johnston-Leger v. City of
China; Cause No. E197561; in the 172nd Judicial District Court.
Jefferson County, Texas.1
h. Furthermore, Appellants’ counsel is simultaneously preparing
appellate briefs in two other cases that are due on September 24 and
25, 2014, and for which Appellants’ counsel will also be requesting
extensions of time due to his medical appointments, including: the
appellant’s brief to the United States Court of Appeals for the Fifth
1 Appellants’ counsel, unable to personally attend per his doctor’s orders, prepared his newly hired associate attorney to attend the hearing, and necessarily accompanied by another attorney. Appellants’ counsel has recently hired new attorneys and support staff who are in the process of being trained, and this has contributed to the need for extensions of time.
5 Circuit in Mable Caleb v. Terry Grier, et al., Case No. 15-20297 (a
ten (10) day extension will be requested); and the appellant’s brief
due to the Texas Court of Appeals for the Ninth District in Cynthia
Jackson v. Port Arthur Independent School District, et al.; No. 09-
15-00227-CV (a thirty (30) day extension will be requested).
i. Within the past two weeks, Appellants’ counsel has also prepared the
appellant’s brief to the United States Court of Appeals for the Fifth
Circuit in Eric Heilman v. Jefferson County, et al., Case No. 15-
40010, which was filed on September 13, 2015.
j. Prior to that, Appellants’ counsel was preparing the appellant’s brief
to this Court filed on August 31, 2015, with extensions of time, in
Brian Waterman v. McKinney Independent School District; Case No.
15-40458.
7. Due to the briefing and scheduling obligations of Appellants’ counsel in
other matters, his serious and unanticipated medical and personal issues, and due to
no fault of the Appellants themselves, additional time to review and adequately
prepare Appellants’ brief in this case is necessary.
III. Conference
8. On September 22, 2015, Appellants’ counsel conferred with opposing
counsel of record, Mr. John Hopkins, who stated that the Appellees are opposed to
6 this Motion.
CONCLUSION & PRAYER
9. WHEREFORE, Appellants respectfully pray that the Honorable
Court grant this Motion and a second extension of time to file the Appellants’ brief
by twenty-one (21) days, until and through October 16, 2015.
10. This Motion is not made for delay alone but that justice be done.
Respectfully submitted,
WATTS & COMPANY LAWYERS, LTD.
/s/ Larry Watts Laurence (“Larry”) Watts State Bar No. 20981000 P.O. Box 2214 Missouri City, Texas 77459 Tel (281) 431-1500 Fax (877) 797-4055 wattstrial@gmail.com
ATTORNEYS FOR PLAINTIFFS-APPELLANTS
7 VERIFICATION
I, Larry Watts, hereby verify that any and all facts stated herein that are not
contained in the record are true and correct based on my personal knowledge, under
penalty of perjury.
September 24, 2015 /s/ Larry Watts Date Laurence (“Larry”) Watts
8 CERTIFICATE OF SERVICE
I hereby certify that on this 24th day of September 2015, a true and correct
copy of the foregoing document and attachments were served on opposing
counsel(s) of record by e-service, if available, and/or by facsimile transmission, to:
Arturo Michel amichel@thompsonhorton.com John Hopkins jhopkins@thompsonhorton.com Thompson & Horton LP 3200 Southwest Freeway, Suite 2000 Houston, Texas 77027
/s/ Larry Watts Laurence (“Larry”) Watts
9 CERTIFICATE OF CONFERENCE
I, Larry Watts, hereby certify that on the 23rd day of September 2015, I
conferred with opposing counsel of record, Mr. John Hopkins, who stated that
Appellee opposes this Motion and requested extension of time to file Appellants’
brief.
10 EXHIBIT 1 INTERVENTIONAL CARDIOLOGY ASSOCIATEs Albert E. Raizner, M.D. Clement A DeFelice, M.D. Gopi A Shah, M.D. Michael E. Raimer, M.D. September 10,2015 Te111 Medical Center Office Smith Tower 6550 Fannin, Suite 2021 Houston, TX 17030 To Whom It May Concern: From: Gopi Shah, M.D. Methodist Sugar Land omce Medical Office Building Two 16659 Southwest Fwy, Ste 214 Re: Larry W. Watts ures Sugar Land, TX 77479
~~us ~iac issues~:~~tember 2015~September . . di al history of two bypass proced W Watts has a sigmficant me c rienced atrial flutter on rhythm 2, 5, Ph: (713) 790-9125 ':..m September 2, 2015 and was ~ospt_tal Sugarland. He is temponmly 20 15 at Houston Method.ist. o~ori an atrial ablation by Dr. !ahppanould req~ire Fax: (713) 790-1801 d ' admiSSIOn~~ medication pen mg t to engage in tnlvel or acDVI Consequently, he IS no t n area or undergo any su s bes~tial · 'ti wbiC W stress for at least him to be out of the ~ous ~edure. 5 days post pre ablation Pf
smcere~~
GopiS1t