Star Operations, Inc. and Great American Insurance Company of New York v. Dig Tech, Inc.

Court of Appeals of Texas

Star Operations, Inc. and Great American Insurance Company of New York v. Dig Tech, Inc.

DecidedOctober 21, 2015

Docket03-15-00423-CV

StatusPublished

This text of Star Operations, Inc. and Great American Insurance Company of New York v. Dig Tech, Inc. (Star Operations, Inc. and Great American Insurance Company of New York v. Dig Tech, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Star Operations, Inc. and Great American Insurance Company of New York v. Dig Tech, Inc., (Tex. Ct. App. 2015).

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Opinion

ACCEPTED 03-15-00423-CV 7479727 THIRD COURT OF APPEALS AUSTIN, TEXAS 10/21/2015 3:13:12 PM JEFFREY D. KYLE CLERK IN THE THIRD COURT OF APPEALS

FILED IN 3rd COURT OF APPEALS NO. 03-15-00423-CV AUSTIN, TEXAS 10/21/2015 3:13:12 PM STAR OPERATIONS, INC. JEFFREY D. KYLE AND Clerk GREAT AMERICAN INSURANCE COMPANY OF NEW YORI( Appellants vs. DIG TECH, INC. Appellee

Appealed from the 22n Judicial District Court Caldwell County, Texas

APPELLANTS' AND CROSS-APPELLANT'S JOINT MOTION TO EXTEND RESPECTIVE DEADLINES TO FILE INITIAL BRIEFS

TO THE HONORABLE COURT OF APPEALS:

Appellant/Cross-Appellee Star Operations, Inc. ("Star"), Appellant/Cross-

Appellee Great American Insurance Company of New York ("GAIC"), and

Appellee/Cross-Appellant Dig Tech, Inc. ("Dig Tech") file this Joint Motion for

Extension of time to file their respective initial briefs pursuant to TEX. R. APP.

38.6(d). In support hereof, all parties assert the following:

1. This motion is filed within the 15-day period to file a motion to

extend the time to file the parties' respective initial briefs.

2. All parties agree to this motion.

{C1197934.DOCX:2} Page 11 3. The Court may grant an extension of time under Texas Rule of

Appellate Procedure 10.5(b).

4. The current deadline to file the parties' respective initial briefs is

November 2, 2015. Appellants and Cross-Appellant each request an additional 20

days to file their respective initial briefs, extending the time until November 22,

2015.

5. Appellants Star and GAIC need an extension to allow the trial court

Reporter to ·supplement the Repmier' s Record, which is currently incomplete.

During the course of finalizing their brief, Appellants' counsel discovered that

pages 68 and 69 were missing from DX-119 (Facilities Concession Agreement)

that was admitted in its entirety in the trial court below. It is presumed that the

omission of pages 68 and 69 was simply an inadvertent copying error on the part of

the Reporter. As reflected in the letter attached hereto as Exhibit "1," counsel for

Appellants have requested that the Reporter supplement the Reporter's Record to

include the missing pages. Cross-Appellant is unopposed to the requested

supplementation. (Exhibit 2, Rule 11 Agreement).

6. Appellants request a 20-day extension of time to file their initial brief

to allow the Reporter to supplement the record with the missing pages 68 and 69 of

DX-119.

{C1197934.DOCX:2} Page 12 7. Cross-Appellant requests a reciprocal 20-day extension of time to file

their initial brief so the pmties' initial briefs will be due on the same day.

Appellants are unopposed to this reciprocal extension.

8. There have been no previous extensions requested or granted.

PRAYER

FOR THE FOREGOING REASONS, Appellants and Cross-Appellant

request that the Court: ( l) extend Appellants' deadline to file their initial brief to

November 22, 2015; and (2) extend Cross-Appellant's deadline for filing its initial

brief to November 22,2015.

Respectfully submitted,

. . tchaux cobranscomb c.com Clinton W. Twaddell, III SBN 2407153 7 ctwaddell@branscombpc.com

ATTORNEYS FOR APPELLANTS AND CROSS-APPELLEES STAR OPERATIONS, INC. AND GREAT AMEruCAN INSURANCE COMPANY OF NEW YORK

{C1197934.DOCX:2} I' " ~~ ,, I3 By: ~~~----r-~T-----~-

Brian . Melton Texas State Bar No. 24010620 Chanler A. Langham Texas State Bar No. 24053314 1000 Louisiana Street Suite 51 00 Houston, TX 77002-5096 Telephone: (713) 651-9366

ATTORNEYS FOR APPELLEE AND CROSS-APPELLANT DIG TECH, INC.

CERTIFICATE OF CONFERENCE

I certify that I have conferr-ed with Chanler Langham by email, and the parties agree to the relief requested in this motion.

Clinton W. Twaddell III

CERTIFICATE OF SERVICE

I hereby certify that the foregoing has been forwarded to counsel of record in accordance with the applicable Tex. R. Civ. P. as listed below on this the _ _ day ofOctober, 2015.

Brian Melton Chanler A. Langham SUSMAN GODFREY L.L.P. 1000 Louisiana Street Suite 5100 Houston, TX 77002-5096

James H. Robichaux

{C11979 34.DOCX:2} Pa g e 14 SUSMAN GODFREY L.L.P.

By: Brian D. Melton Texas State Bar No. 24010620 Chanler A. Langham Texas State Bar No. 24053314 1000 Louisiana Street Suite 5100 Houston, TX 77002-5096 . Telephone: (713) 651 ~9366

I certifY that I have conferred with Chanler Langham by email, and the parties agree to the relief requested in this motion.

CM~t~Ji~t~ Clinton W. Twaddell Ill

I hereby certify that the foregoing has been forwarded to cou.nsel of record in accordance with the applicab le Tex. R. Civ. P. as listed below on this the.1/s-t day of October, 2015.

Brian Melton Cl1anler A. Langham SUSMAN GODFREYL.L.P. 1000 Louisiana Street Suite 51 00 Houston, TX 77002-5096

{C1197934.DOCX:2} VEIUFICATION

STATE OF TEXAS §

COUNTY OF NUECES §

BEFORE ME, the undersigned a uthority, on thi s day personally appeared JAMES H.

ROBICHAUX, who being by me first duly sworn upon his oath deposed und stated the

following:

"My name is James H. Robichaux. I am the attorney of record in the trial court below for

the Appellants and am the lead eoLmsel on appeal for Appellants Star Operations, Inc. J have

read the foregoing Motion for extension of time to fil e Appellants' Brief and state ·-- -- - statements contained in paragraph 5 are within my pers01

SWORN AND SUBSCRIBED T ME, which \:o.1 itness my hand and seal of

office, by the said JAMES H. ROBICHAUX on theJ/ Sf day of October, 20l5.

(SEAL) fk>~

{C1197934.DOCX:2} rav,c IS EXHIBIT # 1

LETTER TO COURT REPORTER DATED 10/19/15 RE: SUPPLEMENTAL REPORTER'S RECORD B IZ A N S C 0 1Vl B :p c 46147-0104 I i r I i October 19,2015 ! f f Ms. Aisha K.. White-Thompson Official Court Reporter 4 21st District Court 1703 South Colorado, Suite 1317 Lockhart, Texas 78644 Via Electronic Mail and Federal Express

Re: Cause No. 12-0-337; Dig Tech, Inc. v. Star Operations, et. al.; In the 22ud Judicial District Court, Caldwell County Texas; appeal fil ed, No. 03-15-00423-CV in the Third Comt of Appeals, July 10, 2015

Dear Ms. White-Thompson:

We represent the Defendant, Appellant and Cross-Appellee, Star Operations, Inc., in tl1is case. In reviewing Volume 33 of the Reporter's Record you prepared, it came to our attenpon that pages 68 and 69 of Defendant's Exhibit 119 were omitted from the record.

Attached to this letter are pages 68 and 69 of Defendant's Exhibit 119. I am forwarding to you via Federal Express a complete copy of DX-19 as it was offered and admitted into evidence, including pages 68 and 69. Pursuant to Texas Ru1e of Appellate Procedure 34.5(c)(1), Star Operations requests that you prepare, certify and file a supplemental clerk's record containing the missing pages 68 and 69.

As always, should your office have any questions, please do not hesitate t o let us know.

Cif:::t~JI~pr ~~dell, Clinton W. III

legs Enclosmes Cc via electronic mail: Chanler Langham Star Operations, Inc. GAIC EXHIBIT

I J I , {C ll97375.DOCX:l}

802 N. Carancahua , Stc. 1900, Corpus C hristi,T X 7840 t - 00.\6j P: 3(,·1- 8!\6- 3800 1°: 36 1 --8!ln~3lS05j www.br;mscombpc.com and Facility Manag~ment Pl~n and (c) to Verify the Independent Engineer's. proper performan9e of its responsibilities and obligatrons. TxDOT shall conduct such activity in accordance with Developer's safety procedures and manuals, qlld in a.

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