Case Information

*0 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 6/22/2015 4:58:32 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 14-14-00792-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 6/22/2015 4:58:32 PM CHRISTOPHER PRINE CLERK ` IN THE COURT OF APPEALS FOURTEENTH JUDICIAL DISTRICT AT HOUSTON, TEXAS __________________________________________________________

NO. 14-14-00792-CV KHALED ALATTAR, Appellant v.

KAY HOLDINGS, INC., Appellee INTERLOCUTORY APPEAL OF RULING ON SPECIAL APPEARANCE

FROM THE 113TH JUDICIAL DISTRICT COURT OF HARRIS COUNTY, TEXAS

TRIAL COURT CAUSE NO. 2012-54501 __________________________________________________________

UNOPPOSED FOURTH MOTION FOR EXTENSION OF TIME TO FILE

APPELLEE'S BRIEF UNTIL JUNE 19, 2015 TO THE FOURTEENTH COURT OF APPEALS:

Pursuant to Texas Rules of Appellate Procedure 10.5(b) and

38.6(d), Appellee Kay Holdings, Inc. (hereinafter "Kay Holdings")

files this Unopposed Motion to Extend Time to File Appellee's

Brief, and would respectfully show the Court the following:

1. The Initial Deadline for filing Appellant's Brief was set by the

Court for April 13, 2015.

2. As discussed and explained in the Agreed Motion to Extend

Time for Filing Appellant's Brief in this Cause, Appellant, through

no fault of its own, was unable to obtain the complete record in

sufficient time to file its Brief.

3. After conferring with the undersigned, the Agreed Motion was

filed on April 13, 2015 with the Court.

4. The Court granted Appellant's Motion and the time for filing

was reset for May 4, 2015.

5. Appellant filed its Brief on May 1, 2015.

6. After reviewing Appellant's Brief with Kay Holdings, Appellee

determined that it would require additional time to complete and

file Appellee's Brief. Appellee's Unopposed Motion to Extend time

was granted by this Honorable Court until Thursday June 11, 2015.

7. On Tuesday, June 9, 2015, Appellee received notice that the

Supplemental Clerk's Record had been filed in this cause pursuant

to this Honorable Court's Order dated May 12, 2015.

8. Appellee will need additional time to obtain the sealed record,

download its contents, review its contents for possible changes to

its Brief and file its Brief with a full review of the entire record.

9. Kay Holdings respectfully requests that the deadline for filing

Appellee's brief be extended by four days to June 17, 2015 for the

reasons set forth herein.

10. On June 9, Appellant Counsel advised the undersigned that

upon reviewing the Clerk's Supplemental Record, and after

discussion with this Court's Clerk, he would be filing an Amended

Brief on Thursday, June 11 or Friday, June 12. As of the filing of

this Motion, Appellant has not filed its Amended Brief.

11. Appellant had, previous to advising the undersigned that he

would be filing an Amended Brief to correct cites and other non-

substantive matters, did not oppose an extension to file Appellee's

Brief until Monday, June 15, 2015. The Motion was filed on June

9 to extend time for filing Appellee's Brief until Monday, June 15,

2015.

12. Appellant advised the undersigned on June 9, 2015, that he

would be filing an Amended Brief to correct the Appellant Brief

with the corrections set forth above. Following conference with

Appellant Counsel, it was agreed that the undersigned could file an

Agreed Motion to Extend Filing Appellee's Brief until Wednesday,

June 17, 2015.

13. Appellant filed its much anticipated Amended Brief with the

Court on Monday, June 15, 2015, following receipt and review of

Clerk's Supplemental Record received on June 9, 2015.

14. Appellee's staff personnel has had difficulty accessing the

office where all notes, hard copy of the Record and exhibits are

stored until the morning of June 17th. Appellee's counsel and

assistants are working on a complete draft of its Brief for filing as

soon as possible given the unforeseen delays caused by the recent

area weather. Appellee is confident that its Brief will be filed on

June 18 or 19, 2015, and therefore requests for an extension until

June 19, 2015 to file its Brief.

15. Appellee's counsel advised Appellant's counsel be email on

Friday afternoon, June 19, 2015, that due to Appellee's unexpected

personal situation, Appellee's Brief would not be filed until

Monday June 22, 2015. Appellant's counsel did not oppose the

extension.

PRAYER WHEREFORE, PREMISES CONSIDERED, Appellee Kay

Holdings, Inc. respectfully requests that this Court extend the

deadline to file Appellee's brief to June 22, 2015.

Dated: June 22, 2015

Respectfully submitted, s/ J. Randle Henderson J. Randle Henderson TBN 09424300 16506 F. M. 529, Suite 115-107 Houston, Texas 77095 Ph. 713 870.8358 Fx. 281.758.0545 jrh@hendersonrandy.com Counsel to Kay Holdings, Inc.

CERTIFICATE OF CONFERENCE I certify that on June 19, 2015, I sent an email to Mark Ritchie and Brian Keller, counsel for Appellant, and they were not opposed to this Motion to Extend. s/ J. Randle Henderson J. Randle Henderson