Revenew International LLC v. PSC Industrial Outsourcing, LP

Opinion

ACCEPTED 01-15-00320-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 4/28/2015 11:59:08 AM CHRISTOPHER PRINE CLERK

NO. 01-15-00320-CV __________________________________________________________________ FILED IN 1st COURT OF APPEALS IN THE COURT OF APPEALS FOR THE HOUSTON, TEXAS FIRST JUDICIAL DISTRICT 4/28/2015 11:59:08 AM HOUSTON, TEXAS CHRISTOPHER A. PRINE Clerk __________________________________________________________________

REVENEW INTERNATIONAL, LLC, Appellant,

vs.

PSC INDUSTRIAL OUTSOURCING, LP, Appellee.

On Appeal from the 281st Judicial District Court Harris County, Texas Trial Court Case No. 2013-59946

APPELLEE’S OPPOSED MOTION TO EXTEND TIME TO FILE MERITS BRIEF

Todd W. Mensing Adam Milasincic Edward Goolsby AHMAD, ZAVITSANOS, ANAIPAKOS, ALAVI & MENSING P.C. 1221 McKinney, Suite 3460 Houston, Texas 77010 Phone: (713) 655-1101 Fax: (713) 655-0062 tmensing@azalaw.com amilasincic@azalaw.com egoolsby@azalaw.com

COUNSEL FOR APPELLEE 1. On April 15, 2015, Appellee PSC Industrial Outsourcing, LP (“PSC”)

moved for dismissal of this interlocutory appeal on the basis that the Court lacks

jurisdiction under section 51.014(a)(6) of the Texas Civil Practice and Remedies

Code. Appellant Revenew International, LLC (“Revenew”) has responded to that

motion, which remains pending.

2. The current deadlines to file briefs on the merits for this appeal are as

follows: (a) Appellant Revenew’s brief is due Wednesday, May 13, 2015; and

(b) Appellee PSC’s brief is due Tuesday, June 2, 2015.

3. If the Court agrees that it lacks jurisdiction over this appeal, briefing on

the merits becomes unnecessary. In the interests of judicial economy and to avoid

the unfair prejudice of having to prepare merits briefing for an appeal over which

there is no jurisdiction, PSC therefore requests that the Court either (a) postpone the

current deadlines for briefing on the merits and reset those deadlines, if at all, at such

time after the Court has ruled on the jurisdictional issue or (b) extend the current

deadlines for briefing on the merits for 60 days, such that appellant’s brief would

become due on Monday, July 13, 2015, and appellee’s brief would become due on

Monday, August 3, 2015. See Tex. R. App. P. 10.5(b)(1).

4. No previous extensions have been granted in this appeal.

Respectfully submitted,

AHMAD, ZAVITSANOS, ANAIPAKOS, ALAVI & MENSING P.C.

By: /s/ Todd W. Mensing Todd W. Mensing Texas Bar No. 24013156 tmensing@azalaw.com Adam Milasincic Texas Bar No. 24079001 amilasincic@azalaw.com Edward Goolsby Texas Bar No. 24092436 egoolsby@azalaw.com 1221 McKinney, Suite 3460 Houston, Texas 77010 (713) 655-1101 – Phone (713) 655-0062 – Fax

ATTORNEYS FOR APPELLEE, PSC INDUSTRIAL OUTSOURCING, LP

CERTIFICATE OF CONFERENCE I certify that on April 24, 2015, I conferred by email with appellant’s attorney, Lauren Harrison, regarding the relief sought in this motion, and Ms. Harrison stated that Revenew is opposed.

/s/ Adam Milasincic Adam Milasincic

CERTIFICATE OF COMPLIANCE I certify that this Motion complies with the typeface and word-count requirements set forth in the Rules of Appellate Procedure. This Motion has been prepared, using Microsoft Word, in 14-point Times New Roman font for the text and 12-point Times New Roman font for any footnotes. This Motion contains 220 words, as determined by the word count feature of the word processing program used to prepare this document, excluding those portions of the notice exempted by TEX. R. APP. P. 9.4(i)(1).

/s/ Todd W. Mensing Todd W. Mensing

CERTIFICATE OF SERVICE I certify that on April 28, 2015, a true and correct copy of the above and foregoing document was served upon the following counsel by electronic service through the state-provided EFSP Efile.txcourts.gov:

Lauren J. Harrison Lara D. Pringle JONES WALKER LLP 1001 Fannin Street, Suite 2450 Houston, TX 77002

/s/ Todd W. Mensing Todd W. Mensing