Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 6/22/2015 4:28:22 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-15-00495-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 6/22/2015 4:28:22 PM CHRISTOPHER PRINE CLERK No. 01-15-00495-CV
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In the Court of Appeals for the
First District of Texas at Houston
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I N RE K IMBERLEY T RIMMER -D AVIS ,
Relator _______________________________________________
Original Proceeding from the 295th Judicial District Court
Harris County, Texas
Trial Court Case No. 2010-11410
The Honorable Caroline J. Baker
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Unopposed Motion for Extension of Time
to File Response to Petition for Writ of Mandamus
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To The Honorable First Court of Appeals:
The City of Houston moves for a seven-day extension of time through
July 1, 2015, to file its response to petition for writ of mandamus and would
respectfully show as follows:
1. Relator filed her Petition for Writ of Mandamus on June 1, 2015.
2. By Order dated June 4, 2015, the Court requested a response within 20
days, or June 24, 2015.
3. No previous extensions have been granted for this motion.
4. The undersigned has a busy appellate practice, including related trial
court motions and hearings, with the City. Among other briefs the
undersigned has been working on during this briefing period are:
a. City of Houston’s Response to Plaintiff’s Motion to Exclude
Expert Testimony in Lopez v. City of Houston , No. 2014-29969 in
the 190th District Court of Harris County, filed June 19, 2015;
b. Preparing for and participating in hearing on above motion to
exclude, on June 22, 2015; and
c. City of Houston’s Reply Brief on the Merits in Houston Belt &
Terminal Railway Co. et al. v. City of Houston, et al. , No. 14-0459 in
the Supreme Court of Texas, due June 26, 2015.
5. Relator is not opposed to this motion.
6. This motion is not for delay only but so that justice may be done.
For these reasons, Real Party in Interest asks that this Court grant it a
seven-day extension of time to file its response, and grant any other relief to
which it is entitled.
Respectfully submitted, D ONNA L. E DMUNDSON City Attorney DONALD J. FLEMING Chief, Labor, Employment & Civil Rights Section By: /s/ Robert W. Higgason Robert W. Higgason Senior Assistant City Attorney State Bar No. 09590800 C ITY OF H OUSTON L EGAL D EPARTMENT 900 Bagby, 3rd Floor Houston, Texas 77002 Telephone: 832.393.6481 Facsimile: 832.393.6259 robert.higgason@houstontx.gov Attorneys for Real Party in Interest City of Houston
Certificate of Conference
I hereby certify that I conferred with Relator’s counsel and Relator does
not oppose this motion.
/s/ Robert W. Higgason Robert W. Higgason *4 Certificate of Service
I hereby certify that on June 22, 2015, a true and correct copy of the
foregoing has been served on counsel below via e-service or U.S. Mail.
Kim K. Ogg
R. Scott Poerschke, Jr.
The Ogg Law Firm, PLLC
3215 Mercer, Suite 100
Houston, Texas 77027
kimogg@ogglawfirm.com
scott@ogglawfirm.com
Counsel for Relator
Kimberley Trimmer-Davis
The Honorable Caroline Baker
295th Judicial District Court
201 Caroline, 14th Floor
Houston, Texas 77002
Respondent
/s/ Robert W. Higgason Robert W. Higgason