W.A. "Andy" Meyers, Individually and in His Capacity as Fort Bend County Commissioner v. JDC/Firethorne, LTD., a Texas Limited Partnership

Opinion

ACCEPTED 14-15-00860-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 12/3/2015 10:44:50 AM CHRISTOPHER PRINE CLERK

No. 14-15-00860-CV _____________________________ FILED IN 14th COURT OF APPEALS IN THE FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS HOUSTON, TEXAS 12/3/2015 10:44:50 AM _____________________________ CHRISTOPHER A. PRINE Clerk W.A. “Andy” Meyers, individually and in his capacity as Fort Bend County Commissioner, Appellant, v. JDC/Firethorne, Ltd., a Texas Limited Partnership, Appellee. _______________________________

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLEE _____________________________

On appeal from Cause No. 15-DCV-221725 In the 268th Judicial District Court Fort Bend County, Texas _____________________________

TO THE HONORABLE COURT OF APPEALS:

Appellee, JDC/Firethorne, Ltd., a Texas Limited Partnership

(“JDC/Firethorne”) files this Unopposed Motion for Extension of Time to File

Brief of Appellee and would show the Court:

1. Appellant, W. A. “Andy” Meyers, individually and in his capacity as

Fort Bend County Commissioner, filed his Brief of Appellant on November 13,

2015, after taking one extension of time for four (4) days. 2. The Court’s current deadline for JDC/Firethorne’s Brief of Appellee

is December 7, 2015. JDC/Firethorne seeks an extension of four (4) days to file its

brief, until December 11, 2015.

3. This extension is necessitated as a result of the intervening

Thanksgiving holidays and because JDC/Firethorne’s lead counsel, Don C. Griffin,

will be traveling out of state from December 2, 2015 through December 6, 2015,

returning to the office on December 7, 2015.

4. This is JDC/Firethorne’s first motion for extension of time.

5. Appellant does not oppose this motion.

Therefore, JDC/Firethorne requests that the deadline for filing its Brief of

Appellee be extended for four days from its current deadline of December 7, 2015

to December 11, 2015.

2 Respectfully submitted,

VINSON & Elkins LLP

/s/ H. Dixon Montague H. Dixon Montague State Bar No. 14277700 dmontague@velaw.com Don C. Griffin State Bar No. 08456975 dgriffin@velaw.com Catherine B. Smith State Bar No. 03319970 csmith@velaw.com 1001 Fannin, Suite 2500 Houston, Texas 77002-6760 Telephone: 713.758.3508 Facsimile: 713.615.5985 pmizell@velaw.com srodriguez@velaw.com

ATTORNEYS FOR APPELLEE JDC/FIRETHORNE, LTD.

3 CERTIFICATE OF CONFERENCE

This is to certify that on December 3, 2015, Don Griffin, counsel for Appellee, communicated with Mark Breeding, counsel for Appellant, who confirmed that Appellant does not oppose the extension requested by this motion.

/s/ Don C. Griffin Don C. Griffin

4 CERTIFICATE OF SERVICE

The undersigned certifies that on December 3, 2015, the foregoing Unopposed Motion for Extension of Time to File Brief of Appellees was served electronically on the following parties in accordance with the requirements of the Texas Rules of Appellate Procedure:

J. Mark Breeding Frederick D. Junkin Andrews Kurth LLP 600 Travis, Suite 4200 Houston, Texas 77002 markbreeding@andrewskurth.com fredjunkin@andrewskurth.com

Roy L. Cordes, Jr. Marcus D. Spencer Randall W. Morse William H. Vidor Salvatore P. LoPiccolo, II Fort Bend County 301 Jackson Street, 3rd Floor Richmond, Texas 77469 Roy.Cordes@fortbendcountytx.gov Marcus.Spencer@fortbendcountytx.gov Randy.Morse@fortbendcountytx.gov Bill.Vidor@fortbendcountytx.gov Sal.LoPiccolo@fortbendcountytx.gov

Attorneys for Appellant

/s/ Catherine B. Smith Catherine B. Smith

5 US 3933782v.1