Madhusudan Shah v. Sodexo Services of Texas Limited Partnership

Opinion

ACCEPTED

01-15-00141-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

3/11/2015 6:40:19 PM

CHRISTOPHER PRINE

CLERK

NO. 01-15-00141-CV

FILED IN

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1st COURT OF APPEALS

HOUSTON, TEXAS

IN THE COURT OF APPEALS 3/11/2015 6:40:19 PM FOR THE FIRST JUDICIAL DISTRICT CHRISTOPHER A. PRINE OF TEXAS AT HOUSTON Clerk

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MADHUSUDAN SHAH, APPELLANT v.

SODEXO SERVICES OF TEXAS LIMITED PARTNERSHIP

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On appeal from the 55th Judicial District Court Harris County, Texas

Trial Court Cause No. 2014-20678

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APPELLANT MADHUSUDAN SHAH’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF

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LEAD COUNSEL FOR APPELLANT:

Kenneth R. Baird

The Baird Law Firm

2323 South Voss Road, Suite 325 Phone: (713) 783-1113

Facsimile: (281) 677-4227 bairdlawfirm@hotmail.com

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APPELLANT MADHUSUDAN SHAH’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

NOW COMES, Madhusudan Shah, Appellant in the above-styled and numbered cause (hereinafter “Appellant”), appearing by and through the assistance of the undersigned counsel of record, and pursuant to the authority of Rule 10 of the Texas Rules of Appellate Procedure, files his Unopposed Motion for Extension of Time to File Initial Brief. In support thereof, Appellant respectfully shows the Honorable Court of Appeals as follows:

I.

SUMMARY OF RELIEF SOUGHT

1.1. Appellant understands that his initial appellate brief is due on March 30, 2014. Due to the recent filing of the clerk’s record, Appellant’s counsel has not yet had an opportunity to obtain a copy of the clerk’s record to use in connection with the drafting of Appellant’s brief. As Appellant’s counsel plans to pay the applicable fee and obtain a copy of the clerk’s record shortly, Appellant respectfully requests that the Honorable Court of Appeals extend the deadline for his brief by thirty days or until April 29, 2014. There have no prior extensions relative to the briefing schedule and Appellant seeks an extension not for purposes of delay but so that justice may be accomplished.

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II.

RELEVANT FACTUAL & PROCEDURAL HISTORY

2.1. Appellant filed his Notice of Appeal with the trial court clerk on February 12, 2015. 2.2. The case was assigned to the First Court of Appeals on February 17, 2015 and the required filing fee has been paid by Appellant. 2.3. The clerk’s record was filed on February 27, 2015. 2.4. From a notice sent by the clerk of court on March 2, 2015, Appellant understands that his initial brief is due on March 30, 2015 or thirty days from the filing of the clerk’s record.1

III.

ARGUMENT & AUTHORITIES

3.1. Good cause exists for the proposed extension. In particular, Appellant’s counsel needs additional time to obtain a copy of the clerk’s record so that he can prepare Appellant’s brief. In this regard, counsel for Appellant spoke with the clerk’s office on the day this motion was filed and will make arrangements shortly to obtain a copy of the clerk’s record, including the payment of the required one dollar fee. As an alternative basis for the requested continuance, Appellant’s counsel

1 Thirty days from February 27, 2015 is March 29, 2015. However, Appellant considers the deadline to the following business day or March 30, 2015.

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needs additional time to prepare the brief based upon his commitments in other matters. 3.2. Appellant understands that his initial brief is due by March 30, 2014 and respectfully requests a thirty day extension of time with a new briefing deadline of April 29, 2014. 3.3. There have been no prior requests for an extension of the current briefing schedule. 3.4. The proposed extension is not sought for purposes of delay but so that he ends of justice can be served. 3.5. Neither party will be prejudiced by the proposed extension as evidenced by the fact that Appellee is not opposing the requested extension.

IV.

CONCLUSION & PRAYER FOR RELIEF

WHEREFORE, PREMISES CONSIDERED, Appellant Madhusudan Shah respectfully prays that the Honorable Court of Appeals grant his Unopposed Motion for Extension of Time to File Initial Brief thereby extending the deadline for his initial brief by thirty days to April 29, 2015. Appellant Madhusudan Shah additionally prays that the Honorable Court of Appeals memorialize its decision in this regard by entering the proposed order which is attached. Finally, Appellant Madhusudan Shah prays for such further relief, at either law or equity, to which he may prove himself to be justly entitled.

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Respectfully Submitted,

THE BAIRD LAW FIRM

/s/ Kenneth R. Baird, Esq._________ Kenneth R. Baird

Texas Bar No. 24036172

2323 South Voss Road, Suite 325 Houston, Texas 77057

Phone: (713) 783-1113

Facsimile: (281) 677-4227 bairdlawfirm@hotmail.com

COUNSEL FOR APPELLANT

MADHUSUDAN SHAH

CERTIFICATE OF CONFERENCE

As required by Rule 10.1(a)(5) of the Texas Rules of Appellate Procedure, I certify that I have conferred with all other parties – who are listed below – about the merits of this motion with the following results:

Neal A. Hoffman, counsel for Appellee Sodexo Services of Texas Limited Partnership, has indicated that he does not oppose the motion.

/s/ Kenneth R. Baird, Esq._________ Kenneth R. Baird

Date: March 11, 2015

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CERTIFICATE OF SERVICE

As required by Rules 6.3and 9.5(b) – (e) of the Texas Rules of Appellate Procedure, I certify that I have served this document on all other parties – which are listed below – by the manner of service indicated below:

Via Electronic Filing & Facsimile: (713)629-5027 Mr. Nelson D. Skyler Mr. Neal A. Hoffman Brown Sims 1177 West Loop South, 10th Floor Houston, Texas 77027 Counsel for Appellee Sodexo Services of Texas Limited Partnership

/s/ Kenneth R. Baird, Esq._________ Kenneth R. Baird

Date: March 11, 2015