Johnny E. Webb, III v. Alex Rodriguez

Opinion

ACCEPTED 06-14-00102-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS 3/19/2015 4:46:14 PM DEBBIE AUTREY CLERK

NO. 06- 14-00102-CV FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS IN THE SIXTH COURT OF APPEALS 3/19/2015 4:46:14 PM DEBBIE AUTREY Clerk

Johnny E. Webb, III

Appellant

v.

Alex Rodriguez, et al.,

Appellees.

On appeal from 111 95 Jud icia l Distri ct Court, Dallas County, Texas Hon. Ken Molberg, Presiding Judge

APPELLEES' MOTION FOR EXTENSION OF TIME TO FILE BRIEF

Concurrent with the fi ling of this Motion for Extension of Time to File

Brief, Appell ees fil ed a Motion to Dismiss fo r Lack of Jurisdi cti on (the "Motion to

Dismiss"). Pursuant to Texas R ule of Appellate Procedure 38.6(d) Appellees

request an extension of the dead line to fi le their response brief from the current

March 30, 2015 deadline until twenty-one (21) days after the Court rules on their

Motion to D ismiss, and only if the Motion to Dismiss is denied.

25699 12.1 In support of this Motion, Appellees respectfully show the fo llowing:

1. Appellees' response bri ef is currently due March 30, 2015 . Appellees

have not previously requested, nor has the Court granted, an extension of time to

file their response brief.

2. As set forth in Appellees' Motion to Dismiss' , the Court lacks

jurisdiction to consider Appellant's appeal. Because the jurisdictional issue -

previously observed by the Court and presented in the Motion to Dismiss - would

dispose of A ppellant's appeal, Appellees would be unduly burdened by having to

prepare and file responsive briefing that is ultimately rendered moot by the Court's

subsequent finding of a lack of jurisdiction. While Appellant is not required to file

a rep ly brief, he would also be unduly burdened by the time and expense of

preparing a brief that is unnecessary. Deferring briefing on the merits would also

preserve the Court's resources, such as saving the Court's staff from working up

the parties' briefing for submission.

3. Appellees therefore request the Court stay all further briefing on the

merits until after it rules on the Motion to D ismiss. In the event the Court denies

the Motion to Dismiss, Appellees request twenty-one (21) days from the date of

the Court's order to file their response brief.

Appe llees incorporate by reference as if fully set forth herein their Motion to Dismiss. 2 RELIEF REQUESTED

For these reasons, Appellees request the Court stay all further briefing on the

merits until it rules on Appellees' Motion to Dismiss for Lack of Jurisdiction. In

the event the Court determines it has jurisdiction over Appellant's appea l,

Appel lees request that the deadline for their response brief be reset to twenty-one

(21) days from the date of the Court's order denying their Motion to D ismiss.

Respectfully submitted,

ORA Y REED & McGRAW

By: Isl Andrew K. York ANDREW K. YORK State Bar No. 24051554 JIM MOSELEY State Bar No. 14569100

1601 Elm Street, Suite 4600 Dallas, Texas 7520 l (2 14) 954-4135 (214) 953-1332 (Fax)

ATTORNEYS FOR APPELLEES LUCIEN TUJAGUE, JR. , AND DOMINION GAS HOLDINGS, LP

3 HALLETT & PERRIN, PC

By: Isl Bryan P . Stevens (with permission) BRYAN P. STEVENS State Bar No. 24051387 BARRETT C. LESHER State Bar No. 24070137

1445 Ross Avenue, Suite 2400 Dallas, Texas 75202 (2 14) 983-0053 (2 14) 922-4 142 (Fax)

ATIORNEYS FOR APPELLEES SHUK HOLDINGS, LLC AND IDT ENERGY, INC.

GRUBER HURST JOHANSEN HAIL SHANK LLP

By: Isl Mark L. Johansen (with permission) MARK L. J OHANSEN State Bar No. 10670240 RAFAEL C. RODRIGUEZ State Bar No. 240811 23

1445 Ross Avenue, Suite 2500 Dallas, Texas 75202 (2 14) 855-6800 (214) 855-6808 (Fax)

ATIORNEYS FOR APPELLEE ALEX RODRIGUEZ

4 CERTIFICATE OF CONFERENCE

I hereby certify that on March 19, 2015, I conferred by email with Appellant's counsel, Darrell O'Neal, concerning the relief requested in this Motion. Mr. O'Neal responded that he opposed the Motion.

Isl Andrew K. York Andrew K. York

5 CERTIFICATE OF SERVICE

Pursuant to Tex. R. App. P. 9.5(b)(l), I hereby certify that on March 19, 2015, a true and correct copy of this Motion was forwarded to the persons listed below e lectron ically through the electronic fil ing manager if the email address of the person is on file with the electron ic fi ling manager, or by email if the email address is not on file.

Melvin Houston Melvin Houston & Associates 1776 Yorktown St., Suite 350 Houston, Texas 77056 mhouston@gotellmel.com

Darrell J. O'Neal 2129 Winchester Road Memphis, Tennessee 38116 dome mphislaw@aol .com

Bryan Stevens Hallett & Perrin, PC 1445 Ross A venue, Suite 2400 Dallas, Texas 75202 BStevens@ha llettperrin.com

Mark L. Johansen Rafae\ C . Rodriguez Gruber Hurst Johansen Hail Shank LLP 1445 Ross Avenue, Suite 2500 Dallas, Texas 75202 m johansen@gh jhlaw .com rrodriguez@gh j hlaw .com

/s/ Andrew K. York Andrew K. York