League City v. Texas Windstorm Insurance Association

Opinion

ACCEPTED 01-15-00117-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 10/6/2015 3:06:33 PM CHRISTOPHER PRINE CLERK

No. 01-15-00117-CV

FILED IN 1st COURT OF APPEALS IN THE FIRST COURT OF APPEALS, HOUSTONHOUSTON, TEXAS 10/6/2015 3:06:33 PM CHRISTOPHER A. PRINE League City, Clerk

Appellant,

v.

Texas Windstorm Insurance Association, Appellee.

On Appeal from the 10th District Court at Galveston, Texas No. 12-CV-0053

UNOPPOSED SECOND MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S RESPONSIVE BRIEF

Dale Wainwright dale.wainwright@bgllp.com State Bar No. 00000049 Lindsay E. Hagans State Bar No. 24087651 lindsay.hagans@bgllp.com BRACEWELL & GIULIANI LLP 111 Congress Avenue, Suite 2300 Austin, Texas 78701 Telephone: (512) 472-7800 Facsimile: (800) 404-3970

ATTORNEYS FOR APPELLEE TEXAS WINDSTORM INSURANCE ASSOCIATION Pursuant to Texas Rule of Appellate Procedure 10.5(b), Appellee Texas

Windstorm Insurance Association (“TWIA”) files its Second Motion for Extension

of Time to file its brief.

TWIA’s brief is currently due on October 8, 2015. This is TWIA’s second

request for an extension of thirty days in which to file its brief, which would make

the Brief of Appellee due on November 9, 2015. League City does not oppose this

requested extension.

TWIA needs a thirty-day extension of time to file its brief because since

filing the last motion for extension, counsel was set for oral argument on October

14, 2015, in the appeal Coyote Lake Ranch LLC v. the City of Lubbock, No. 14-

0572, in the Texas Supreme Court, and have briefs due in other appeals including

Westlake Ethylene Pipeline Corp. v. Railroad Commission of Texas, No. D-1-GN-

15-001009 in the 98th Judicial Distrct Court of Travis County, Texas

(administrative appeal that goes first to the District Court). Also, TWIA’s trial

counsel, whose institutional knowledge of this long and complicated case is

invaluable to the appeal, are in the midst of other Hurricane Ike litigation. A short,

thirty-day extension of time would allow for cogent, thoughtful preparation of the

brief.

PRAYER For these reasons, Appellee Texas Windstorm Insurance Association prays

this Court grant a thirty-day extension of time to file its brief, to and including 2 November 9, 2015. Appellee also prays for such further relief to which it may be

entitled.

Respectfully submitted,

BRACEWELL & GIULIANI LLP

By:/s/ Dale Wainwright

Dale Wainwright State Bar No. 00000049 Lindsay E. Hagans State Bar No. 24087651 111 Congress Avenue, Suite 2300 Austin, Texas 78701 Telephone: (512) 472-7800 Facsimile: (800) 404-3970 dale.wainwright@bgllp.com lindsay.hagans@bgllp.com

ATTORNEYS FOR APPELLEE TEXAS WINDSTORM INSURANCE ASSOCIATION

3 CERTIFICATE OF CONFERENCE I certify that I have conferred with counsel for the Appellant League City regarding the relief sought in this motion. Appellant League City is not opposed to the relief sought in this motion.

/s/ Dale Wainwright Dale Wainwright

CERTIFICATE OF SERVICE

I certify that a copy of the Second Motion for Extension of Time to file Appellee’s Brief was served on counsel of record through the Court’s e-filing system on October 6, 2015, to the following:

Gregory F. Cox Michael R. Ramsey THE MOSTYN LAW FIRM 6280 Delaware Street Beaumont, Texas 77706 Facsimile: (409) 832-2703

Jennifer Bruch Hogan HOGAN & HOGAN 2 Houston Center 909 Fannin, Suite 2700 Houston, Texas 77010 Facsimile: 713-222-8810

Attorneys For Appellant League City

/s/ Dale Wainwright Dale Wainwright