the Petroleum Workers Union of the Republic of Mexico v. James Gomez, as Receiver for Arriba Limited

• Court: Court of Appeals of Texas
• Decided: May 22, 2015
• Docket: 14-14-00807-CV
• Status: Published

Opinion

ACCEPTED 14-14-00807-cv FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 5/22/2015 5:55:27 PM CHRISTOPHER PRINE CLERK

No. 14-14-00807-CV ___________________________________________ FILED IN 14th COURT OF APPEALS IN THE COURT OF APPEALS HOUSTON, TEXAS FOR THE FOURTEENTH DISTRICT OF TEXAS 5/22/2015 5:55:27 PM CHRISTOPHER A. PRINE ___________________________________________ Clerk

THE PETROLEUM WORKERS UNION OF THE REPUBLIC OF MEXICO, APPELLANT

V.

JAMES GOMEZ, AS RECEIVER FOR ARRIBA LIMITED, AND CARLOS RYERSON, APPELLEES

& No. 14-14-00834-CV ___________________________________________

IN THE COURT OF APPEALS FOR THE FOURTEENTH DISTRICT OF TEXAS ___________________________________________

CARLOS RYERSON, APPELLANT

THE PETROLEUM WORKERS UNION OF THE REPUBLIC OF MEXICO, APPELLEES ___________________________________________

On Appeal from the 281st Judicial District Court Harris County, Texas, the Hon. Sylvia A. Matthews presiding Trial Court Cause No. 1985-35446-AC ___________________________________________ SECOND AGREED MOTION TO EXTEND TIME TO FILE BRIEFS AS APPELLANTS

TO THE HONORABLE FOURTEENTH COURT OF APPEALS:

All parties to these appeals—Appellant/Cross-Appellee The Petroleum

Workers Union of the Republic of Mexico (the “Union”); Cross-

Appellant/Appellee James Gomez, as Receiver for Arriba Limited (“Arriba”); and

Appellant/Appellee Carlos Ryerson—jointly request a 14-day extension of time to

file their respective Briefs as Appellants, and would respectfully show the Court as

follows:

All appellants’ respective opening briefs are currently due May 27, 2015.

The parties jointly request a 14-day extension of time to file their briefs, making

these briefs due Wednesday, June 10, 2015. This is the parties’ second request for

an extension of time regarding their briefs as appellants, as the Court previously

granted the parties’ agreed motion to enter a briefing schedule. At this time, the

parties are not seeking modification of the current deadlines for filing their briefs

as appellees (August 25, 2015) or reply briefs (October 9, 2015).

Counsel for the Union needs additional time to prepare and file its brief

because its counsel has been working to comply with concurrent deadlines in trial

and appellate matters, including participating in a 7-day trial in Nueces County that

concluded on May 19, 2015. Counsel for Ryerson also needs additional time

because he has been working to comply with concurrent deadlines in other matters. 2 Counsel for Arriba has no objection, does not oppose, and therefore joins in this

motion to extend time. The parties also desire to keep the briefing deadlines for all

appellants consistent. In addition, both the Union and Arriba have had to request

that the district court clerk prepare and file a supplemental clerk’s record

containing documents that were originally requested but not included in the clerk’s

record. To the extent the clerk has not supplemented the record as requested, or as

may be subsequently requested, before the proposed June 10, 2015 deadline, the

parties will not object to any party filing an opening brief on June 10 with citations

to the imaged documents at the district court that were omitted from the clerk’s

record, and then filing a subsequent supplemental brief to include citations to the

supplemental clerk’s record once it has been transmitted by the clerk.

PRAYER

Appellant/Cross-Appellee The Petroleum Workers Union of the Republic of

Mexico; Cross-Appellant/Appellee James Gomez, as Receiver for Arriba Limited;

and Appellant/Appellee Carlos Ryerson respectfully request that the Court grant

this joint motion and extend the deadline for each party to file its respective brief

as appellant until Wednesday, June 10, 2015.

3 Respectfully submitted,

/s/ Michael Choyke Paul Simon State Bar No. 24003276 SIMON HERBERT & MCCLELLAND, LLP 3411 Richmond Ave., Ste. 400 Houston, Texas 77046 (713) 987-7100 (713) 987-7120 (fax) psimon@shmsfirm.com Michael Choyke State Bar No. 00793504 WRIGHT & CLOSE, LLP One Riverway, Suite 2200 Houston, Texas 77056 (713) 572-4321 (713) 572-4320 (fax) choyke@wrightclose.com ATTORNEYS FOR THE PETROLEUM WORKERS UNION OF THE REPUBLIC OF MEXICO

/s/ Michael J. Perez (by permission) Michael J. Perez PEREZ & WILSON, LLP 750 B Street, Suite 3300 San Diego, California 92101 (619) 741-0282 (619) 460-0437 (fax) perez@perezwilson.com

Steven Ward Williams SMITH SOVIK KENDRIG & SUGRET, PC 250 S. Clinton Street, Suite 600 Syracuse, New York 13202 (315) 474-2911 4 (315) 474-6015 (fax) swilliams@smithsovik.com

Brian A. Calhoun State Bar No. 24044827 CALHOUN, BHELLA, & SECHREST, LLP 325 N. St. Paul St., Suite 2300 Dallas, Texas 75201 (214) 981-9258 (214) 981-9203 (fax) bcalhoun@cbsattorneys.com ATTORNEYS FOR JAMES GOMEZ, AS RECEIVER FOR ARRIBA LIMITED

/s/ Carlos Ryerson (by permission) Carlos Ryerson State Bar No. 17492500 RYERSON & ASSOCIATES, P.C. The Kirby Mansion 2000 Smith Street Houston, Texas 77002-8652 (713) 307-9900 (832) 383-9320 (fax) carlos.ryerson@ryersonlaw.com

ATTORNEYS FOR CARLOS RYERSON

5 CERTIFICATE OF CONFERENCE

I certify that I conferred by email with Jeffrey Feasby, counsel for James Gomez, as Receiver for Arriba Limited, and with Carlos Ryerson, and they agree with this request for an extension of time.

/s/ Michael Choyke Michael Choyke

CERTIFICATE OF SERVICE

I certify that a true and correct copy of this motion was served on all counsel of record electronically on May 22, 2015.

Michael J. Perez Steven Ward Williams PEREZ & WILSON, LLP SMITH SOVIK KENDRIG & SUGRET, PC 750 B Street, Suite 3300 250 S. Clinton Street San Diego, California 92101 Suite 600 (619) 741-0282 Syracuse, New York 13202 (619) 460-0437 (fax) (315) 474-2911 perez@perezwilson.com (315) 474-6015 (fax) swilliams@smithsovik.com

Brian A. Calhoun Carlos Ryerson CALHOUN, BHELLA, & SECHREST, LLP RYERSON & ASSOCIATES, P.C. 325 N. St. Paul St., Suite 2300 The Kirby Mansion Dallas, Texas 75201 2000 Smith Street (214) 981-9258 Houston, Texas 77002-8652 (214) 981-9203 (fax) (713) 307-9900 bcalhoun@cbsattorneys.com (832) 383-9320 (fax) carlos.ryerson@ryersonlaw.com