the Port of Houston Authority of Harris County, Texas v. Zachry Construction Corporation

• Court: Court of Appeals of Texas
• Decided: January 7, 2015
• Docket: 14-10-00708-CV
• Status: Published

Opinion

ACCEPTED 14-10-00708-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 1/7/2015 10:43:40 AM CHRISTOPHER PRINE CLERK

No. 14-10-00708-CV ________________________________________ FILED IN IN THE COURT OF APPEALS 14th COURT OF APPEALS HOUSTON, TEXAS FOR THE FOURTEENTH DISTRICT 1/7/2015 10:43:40 AM OF TEXAS AT HOUSTON CHRISTOPHER A. PRINE ________________________________________ Clerk

Port of Houston Authority of Harris County, Texas, Appellant and Cross-Appellee, v. Zachry Construction Corporation, Appellee and Cross-Appellant. ________________________________________

On appeal from the 151st District Court of Harris County, Texas Trial Court Cause No. 2006-72970 ________________________________________

THE PORT’S SUPPLEMENT TO ITS MOTION FOR SUPPLEMENTAL BRIEFING AND ORAL ARGUMENT FOLLOWING REMAND

TO THE FOURTEENTH COURT OF APPEALS: The Port of Houston Authority (the “Port”) would respectfully show this

Court as follows:

1. On January 2, 2015, the Port filed a motion with this Court requesting

supplemental briefing and oral argument on this appeal after remand from the

Texas Supreme Court on December 19, 2014. In conferring with Zachry’s counsel,

Zachry’s counsel indicated that Zachry is opposed to the Port’s motion only with

respect to the word count requested in the Port’s motion.

1 2. On January 6, 2015, Zachry filed a letter with this Court stating that

Zachry will file an opposition to the Port’s motion within ten days.

3. Before Zachry files its opposition, the Port hereby supplements its

motion with regard to due dates for the requested supplemental briefing. While the

Port’s motion suggested that the Port’s supplemental brief of appellant be due on

February 16, 2015, in light of circumstances described below, the Port asks that its

supplemental brief of appellant be due on March 13, 2015. Those circumstances

are as follows:

a. Ms. Yeates, counsel for the Port who is responsible for the Port’s

briefing on this appeal, is scheduled to be in New Orleans on the weekend of

February 7 and 8, 2015, to argue for Occidental Chemical Corporation in a two-

day arbitration hearing arising out of a large sinkhole in Assumption Parish,

Louisiana. Texas Brine Co. v. Occidental Chemical Corp., No. 69 198 129 13,

in the American Arbitration Association. This arbitration hearing will involve

preparation and briefing that will require not just Ms. Yeates but also Mr.

Heidler, the lawyers who are principally responsible for the briefing on behalf

of the Port of Houston on this appeal.

b. Ms. Yeates and Mr. Heidler also have a brief of appellee for

Anadarko Petroleum due on February 3, 2015, in the insurance coverage case

arising out of the Macondo Well blowout in the Gulf of Mexico. Houston

2 Casualty Co. et al. v. Anadarko Petroleum Corp. et al., No. 09-14-00459-CV,

in the Beaumont Court of Appeals.

4. Given these circumstances, the Port would ask that the Court make the

Port’s supplemental brief of appellant due on March 13, 2015, rather than the

February 16, 2015 date suggested in the Port’s motion.

PRAYER

For the foregoing reasons, the Port respectfully asks this Court to grant the

Port’s motion and also to grant the Port all other relief to which it is entitled.

3 Respectfully submitted,

/s/ Marie R. Yeates David H. Brown Marie R. Yeates State Bar No. 03109200 State Bar No. 22150700 BROWN & KORNEGAY LLP Catherine B. Smith 2777 Allen Parkway, Suite 977 State Bar No. 03319970 Houston, Texas 77019 Michael A. Heidler Phone: 713.528.3703 State Bar No. 24059921 Fax: 713.528.3701 VINSON & ELKINS L.L.P. Email: dbrown@bkllp.com 1001 Fannin St. Houston, Texas 77002 Karen L.T. White Phone: 713.758.4576 State Bar No. 20274500 Fax: 713.615.5544 KAREN L.T. WHITE, P.C. Email: myeates@velaw.com 1415 S. Voss, Suite 110-539 Houston, Texas 77057 David E. Keltner Phone: 832.646.4667 State Bar No. 11249500 Email: karen@kltwpc.com 201 Main Street, Suite 2500 Fort Worth, Texas 76102 Lawrence J. Fossi Phone: 817.878.3560 State Bar No. 07280650 Fax: 817.878.9760 FOSSI & JEWELL LLP Email: david.keltner@kellyhart.com 4203 Yoakum Blvd., Suite 100 Houston, Texas 77006 Bill Sims Phone: 713.529.4000 State Bar No. 18429500 Fax: 713.529.4094 VINSON & ELKINS L.L.P. Email: lfossi@fossijewell.com 2001 Ross Avenue, Suite 3700 Dallas, Texas 75201-2975 Phone: 214.220.7703 Fax: 214.999.7703 Email: bsims@velaw.com

ATTORNEYS FOR APPELLANT THE PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, TEXAS

4 CERTIFICATE OF SERVICE

I hereby certify that on this 7th day of January 2015, a true and correct copy of the foregoing instrument was served by e-service on the following counsel for Zachry Construction Corporation.

Robin C. Gibbs Gibbs & Bruns, L.L.P. 1100 Louisiana, Suite 5300 Houston, Texas 77002

Brandon T. Allen Reynolds, Frizzell, Black, Doyle, Allen & Oldham L.L.P. 1100 Louisiana, Suite 3500 Houston, Texas 77002

/s/ Marie R. Yeates Marie R. Yeates

5 CERTIFICATE OF CONFERENCE

Zachry has indicated that it is opposed to the Port’s motion and is going to file a written opposition.