Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 1/4/2018 5:29:01 PM JEFFREY D. KYLE Clerk THIRD COURT OF APPEALS JEFFREY D. KYLE 1/4/2018 5:29 PM AUSTIN, TEXAS 03-17-00873-CV *1 ACCEPTED [21621107] CLERK
NO. 03-17-00873-CV IN THE COURT OF APPEALS THIRD JUDICIAL DISTRICT OF TEXAS AT AUSTIN
OCAMPO PARTNERS, LTD., BELCO EQUITIES, INC., RIVERHORSE EQUITIES II, LTD. AND DOUGLASS McDERMOTT AS TRUSTEE OF THE RUDY BELTON MANAGEMENT TRUST, Appellants
v. JOHN KOREN, INDIVIDUALLY AND DERIVATELY ON BEHALF OF RIVERHORSE EQUITIES, L.P. AND CHEVY CHASE EQUITIES, LTD., PATRICIA McGOVERN, RICHARD BRESSLER AND STEFANIA KOREN,
Appellees . On Appeal from Cause No. D-l-GN-17-002572 In the 126th Judicial District Court of Travis County, Texas The Honorable John Dietz REAL PARTIES IN INTEREST’S UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO PETITION FOR WRIT OF MANDAMUS TO THE HONORABLE COURT OF APPEALS:
Real Parties in Interest John Koren, individually and derivatively on behalf of Riverhorse Equities, L.P. and Chevy Chase Equities, Ltd., Patricia McGovern, 67128/4851 -
Richard Bressler, and Stefania Koren (collectively “Real Parties in Interest”) file
this First Motion for Extension, pursuant to Tex. R. App. P. 10.5(b), seeking an
additional two weeks to file their response to the Petition for Mandamus from
January 8, 2018 to January 22, 2018. In support of this Motion, the joint movants
would respectfully state:
I. INTRODUCTION 1. Relators filed their Petition for Writ of Mandamus (the “Petition”) on December 28, 2017, seeking review of an Order Denying Motion to Disqualify
Counsel entered on December 27, 2017 (the “Order”). On December 29,2017 filed
an Emergency Motion for Temporary Relief (“Emergency Motion”) seeking to stay
certain discovery responses by Relators in the underlying proceeding pending
mandamus review.
2. On December 29, 2017, this Court issued an Order granting temporary relief staying Relators’ responses to discovery until Monday, January 22, 2018, and
providing for Real Parties in Interest to respond to the Relators’ Petition on or
before Monday, January 8, 2018.
3. Counsel for the Real Parties in Interest require additional time to respond to the Petition for the reasons set forth herein, including that Findings of
Fact and Conclusions of Law with respect to the Order were requested on December
29, 2017 and are pending entry early next week. Relators do not oppose such 67128/4851 -
extension, provided a commensurate extension of the temporary relief and stay of
Relators’ responses to discovery is also granted.
II. ARGUMENT & AUTHORITIES A. Motion to Extend Time to File Response 4. The Court has the authority to extend the Real Parties in Interest’s deadline to respond to the Petition pursuant to Texas Rule of Appellate Procedure
10.5(b)(1). The current deadline to respond to the Petition is Monday, January 8,
2018.
5. Counsel for the Real Parties in Interest, Eric Taube and Jamie McGonigal, require additional time to respond to the Petition due to the intervening
holiday, as well as other pending matters. Additionally, Findings of Fact and
Conclusions of Law with respect to the Order were requested on December 29,
2017, and are pending entry in the underlying proceeding early next week.
6. Real Parties in Interest therefore request a two-week extension of their response deadline from January 8, 2018 to January 22, 2018. The requested
extension will not prejudice any party, and is the first such request. Respondent
does not oppose this extension. Relators similarly do not oppose such extension,
provided the temporary relief and stay of their responses to discovery is also
extended for two weeks from January 22, 2018 to February 5, 2018.
7. The $10.00 filing fee has been submitted in connection with this Motion.
III. PRAYER For these reasons, Real Parties in Interest respectfully pray, that this Court grant a two-week extension of time to file Real Parties in Interests’ response to the
Petition for Mandamus from January 8, 2018 to January 22, 2018, and (in
accordance with the qualified agreement of Relators to such relief) extend the
temporary relief granted to Relators staying Relators’ responses to discovery from
January 22, 2018 until February 5, 2018.
Respectfully submitted, WALLER LANSDEN DORTCH & DAVIS, LLP By: /s/ Eric J. Taube _______________ Eric Taube
State Bar No. 19679350 eric.taube@wallerlaw.com Jamie McGonigal State Bar No. 24007945 iamie.mcgonigal@wallerlaw.com 100 Congress Avenue, Ste. 1800 Austin, Texas 78701 Telephone: (512)685-6400 Telecopier: (512)685-6417 ATTORNEYS FOR APPELLEES *5 CERTIFICATE OF CONFERENCE As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I spoke to counsel for Relators, Ms. Mia Storm, about the merits of this Motion, as
well as Respondent the Honorable John Dietz, on January 4, 2018. Neither
Relators nor Respondent oppose this Motion; provided, however, that Relators’ lack
of opposition is incumbent upon the extension of temporary relief and the stay of
their discovery responses as described in the motion.
/s/EricJ. Taube _______ Eric J. Taube
CERTIFICATE OF SERVICE Pursuant to the Texas Rules of Appellate Procedure, a true and correct copy of the foregoing was served, via email, on the parties listed below, on the 4th day of
January, 2018. Geoffrey D. Weisbart
Daniel R. Richards
Clark Richards Mia A. Storm
Daniel Riegel Weisbart Springer Hayes LLP
Richards Rodriguez & Skeith, LLP 212 Lavaca Street, Suite 200
816 Congress Avenue, Suite 1200 Austin, Texas 78701 gweisbart@wshllp.com
Austin, Texas 78701 mstorm@wshllp.com
drichards@rrsfirm.com
crichards@rrsfirm.com
driegel@rrsfirm.com Jason S. Scott
Osborne, Helman, Knebel & Scott, L.L.P Randall C. Owens 301 Congress Ave., Suite 1910
Wright & Close, L.L.P. Austin, Texas 78701 j sscott@ohkslaw.com
One Riverway, Suite 2200
Houston, Texas 77056
owens@wrightclose.com Honorable John K. Dietz
j ohndietz@mac.com /s/EricJ. Taube
Eric J. Taube