Laurie Mejia-Rose v. John Moore Services, Inc, MBS Fountains of Tomball Ltd. D/B/A Fountains of Tomball, and Henry S. Miller Realty Management, LLC

Opinion

ACCEPTED 01-17-00955-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 3/20/2018 1:47 PM CHRISTOPHER PRINE CLERK

CASE NO. 01-17-00955-CV

IN THE FOURTEENTH COURT OF APPEALS FILED IN 1st COURT OF APPEALS AT HOUSTON, TEXAS HOUSTON, TEXAS 3/20/2018 1:47:03 PM CHRISTOPHER A. PRINE LAURIE MEJIA-ROSA Clerk Appellant vs.

JOHN MOORE SERVICES, INC, MBS FOUNTAINS OF TOMBALL LTD. D/B/A FOUNTAINS OF TOMBALL, AND HENRY S. MILLER REALTY MANAGEMENT, LLC Appellee

On Appeal from 215th District Court Harris County, Texas Trial Court Cause No. 2014-00998 and 2014-00998A

FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S OPENING BRIEF

Caj D. Boatright State Bar No. 24036237 cboatright@arnolditkin.com Kurt Arnold State Bar No. 24036150 karnold@arnolditkin.com Alison Baimbridge State Bar No. 24040160 abaimbridge@arnolditkin.com ARNOLD & ITKIN LLP 6009 Memorial Drive Houston, TX 77007 Telephone: (713) 222-3800 Facsimile: (713) 222-3850 e-service@arnolditkin.com COUNSEL FOR APPELLANT

TO THE HONORABLE FIRST COURT OF APPEALS:

Appellant Laurie Mejia-Rosa, through undersigned counsel, respectfully

moves this honorable Court for an extension of time in which to file a Response to

the brief in the above-captioned appeal, and as grounds states as follows:

1. The present deadline for filing the brief is March 23, 2018.

2. Appellants seek a 60-day extension, until May 22, 2018, in which to

file their brief.

3. This is Appellants’ first request for an extension of time to file their

brief.

4. For the last few weeks, Counsel for Mejia-Rosa has been required to

travel out-of-state on numerous occasions for hearings and depositions.

Additionally, Counsel for Mejia-Rosa is preparing for a Jones Act trial that isi

preferentially set and will begin on Monday, March 19, 2018, in Cause No. 2016-

14927; Jane Doe v. Transcoean Offshore Deepwater Drilling, Inc et al. in the 151st

District Court of Harris County, Texas.

5. Due to counsel for Mejia-Rosa’s current workload, previously

scheduled depositions, court appearances and trials in other matters, counsel for

Mejia-Rosa needs more time to adequately review the record on appeal and prepare

Appellant’s brief.

6. Appellants’ brief is currently due March 23, 2018.

7. Appellants request an extension of 60 days, so that Appellants’ brief

may be prepared. Such an extension would extend the filing date for Appellants’

reply brief to May 22, 2018.

8. This extension request is not intended for any undue delay or prejudice,

but so that Appellants have sufficient time to prepare their brief and that justice may

be done.

WHEREFORE, Appellants respectfully request that this Honorable Court

grant this motion, affording them a 60-day extension of time, through and until May

22, 2108, to file their opening brief, and for such other and further relief as this

Honorable Court deems appropriate.

Respectfully submitted,

ARNOLD & ITKIN LLP

/s/ Caj D. Boatright Caj D. Boatright State Bar No. 24036237 cboatright@arnolditkin.com Kurt Arnold State Bar No. 24036150 karnold@arnolditkin.com Alison Baimbridge State Bar No. 24040160 abaimbridge@arnolditkin.com ARNOLD & ITKIN LLP 6009 Memorial Drive Houston, TX 77007 Telephone: (713) 222-3800 Facsimile: (713) 222-3850 e-service@arnolditkin.com COUNSEL FOR APPELLANT

CERTIFICATE OF CONFERENCE

Counsel for Appellants have conferred with counsel for Appellee in a good faith effort to avoid any issues that might be raised by this motion. Counsel for Appellee has advised that they have no opposition to the extension of time requested herein.

/s/ Alison Baimbridge

Alison Baimbridge

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Unopposed

Motion for Extension of Time to File Appellant’s Reply Brief has been forwarded to

all counsel of record in accordance with the Texas Rules of Appellate Procedure on

this 20th day of March, 2018.

Mr. Michael W. Magee MEHAFFY WEBER 500 Dallas Street, Ste 1200 Houston, Texas 77002 michaelmagee@mehaffyweber.com patriciachamblin@mehaffyweber.com ATTORNEY FOR JOHN MOORE SERVICES, INC.

Spencer Edwards The Hudgins Law Firm 24 Greenway Plaza, Suite 2000 Houston, Texas 77046 Sedwards@hudgins-law.com ATTORNEY FOR TT-FOUNTAINS OF TOMBALL, LTD., INCORRECTLY NAMED AS MBS FOUNTAINS OF TOMBALL, LTD. D/B/A FOUNTAINS OF TOMBALL, AND HENRY S. MILLER REALTY MANAGEMENT, LLC

/s/ Alison Baimbridge

Alison Baimbridge