Case Information

*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 10/19/2015 10:49:18 AM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-14-00539-cv FIRST COURT OF APPEALS HOUSTON, TEXAS 10/19/2015 10:49:18 AM CHRISTOPHER PRINE CLERK CAUSE NO. 01-14-00539-CV IN THE COURT OF APPEALS FOR THE

FIRST JUDICIAL DISTRICT OF TEXAS HOUSTON, TEXAS_______________________

TAN DUC USA Appellant,

v. JIMMY TRAN Appellee.

On Appeal from the Harris County District Court, 309 th Judicial District

Harris County, Texas Cause No. 2010-48243 APPELLANT TAN DUC USA’S RESPONSE OPPOSING APPELLEE

JIMMY TRAN’S MOTION TO AGAIN EXTEND HIS DEADLINES FOR

FILING BRIEF AS APPELLEE Tan Duc USA, Appellant Keryl L Douglas, Atty. of Appellant Tan Duc USA Texas Bar No. 24060880 5804 Bayou Bend Court, Houston, TX 77004 Tel. 713-819-9945 Fax 713-589-6823 Jimmy Tran, Appellee/Cross Appellate Matthew Muller, Attorney for Appellee Tran Texas Bar No. 14648450 1445 N. Loop West, Ste 760, Houston, TX 77007 Tel. 713-227-1888 Fax 713-227-1881 Maya Dang, Appellant Alan B. Daughtry, Counsel for Appellant Dang Texas Bar No. 00793583 3355 West Alabama, Ste 444, Houston, TX 77098 Tel. 281-300-5202 Fax 281-404-4478 *2 APPELLANT TAN DUC USA’S RESPONSE OPPOSING APPELLEE

JIMMY TRAN’S MOTION TO AGAIN EXTEND HIS DEADLINES FOR

FILING BRIEF AS APPELLEE

To This Honorable Appeals Court, comes now Tan Duc USA, Appellant here and

Co-defendant below, and files this Response Opposing Appellee Jimmy Tran’s

Motion to Again Extend His Deadlines for Filing Briefs as Appellee, and would

show the Court the following:

1. This court issued new briefing schedule On August 25, 2015 with deadline

of September 24, 2015 for Appellant Tan Duc USA to file its Amended

Brief and for Appellee/Conditional Cross Appellate Jimmy Tran to file his

briefs, with notice of no further extensions.

2. Appellant Tan Duc USA filed its Amended Brief.

3. Appellee Jimmy Tran filed another motion for to again extend deadline to

file his Appellee Brief in Response to Appellant Maya Dang, which this

court granted.

4. Jimmy Tran has again missed that deadline extended multiple times and has

again filed motion to again extend deadline to file Appellee Brief to

Tuesday, October 20, 2015.

5. Again, Counsel for Jimmy Tran violated TRAP 10.1(a)(5) by refusing to

conference with Counsel for Appellant Tan Duc USA, as he admitted in

each of his Certificates of Conference for his repeated motions to extend.

6. The repeated extensions granted to Appellee Jimmy Tran give unfair or

imbalanced advantage of more time to file briefs than has been afforded Tan

Duc USA and thereby works an injustice to Tan Duc USA.

7. Tan Duc USA respectfully implores this Court to deny Jimmy Tran’s current

Motion to extend time to file Appellee’s Brief.

8. Tan Duc USA asks that Jimmy Tran and Counsel be cited or sanctioned for

routinely failing or refusing to conference with Counsel for all parties as

required by TRAP 10(a)(5) by denying his Motion to Extend time presently

before this honorable court for consideration.

CONCLUSION Appellant Tan Duc USA timely filed its Amended Appellant’s Brief. Appellee and

Conditional Cross Appellant Jimmy Tran filed neither brief as directed by Order of

this Court, but instead filed another motion to again extend time to file Appellee

Brief. This Honorable Court granted that extension and Jimmy Tran has again

missed that deadline, failing to timely file his brief by that extended deadline, and

instead has filed yet another motion to extend time. As with the last times, Jimmy

Tran violated TRAP 10(a)(5) by refusing to conference with counsel for Tan Duc

USA regarding his motion. Tan Duc USA respectfully asks this Honorable Court

to deny Jimmy Tran’s Motion to Extend and that Jimmy Tran not be permitted to

late file his brief. Further, Tan Duc USA respectfully asks this Honorable Court

that Jimmy Tran be also sanctioned for repeatedly violating TRAP 10(a)(5) by

refusing to conference with counsel for Tan Duc USA for purpose of motion as

required by appellate rules and that Jimmy Tran’s motion to again extend deadline

to file appellee brief be denied.

PRAYER WHEREFORE, PREMISES CONSIDERED, for all of the foregoing Tan

Duc USA respectfully asks this Honorable Court to deny Jimmy Tran’s Motion to

Extend and that Jimmy Tran not be permitted to late file his appellee brief.

Further, Tan Duc USA respectfully asks that if this Honorable Court sanction

Jimmy Tran for repeated, willful, knowing violation of TRAP(a)(5) by repeatedly

refusing to conference with Appellate Tan Duc USA, and for this reason also be

denied yet another extension of time to late file Appellee Brief.

Respectfully Submitted By: By: _____s/Keryl L. Douglas________ Attorney for Appellant Tan Duc USA The Law Office of Keryl L. Douglas Texas Bar #24060880 5804 Bayou Bend Court Houston, Texas 77004 713-819-9945 phone 713-589-6823 fax kerylldouglas@gmail.com *5 Certificate of Service As required by Texas Rule of Appellate Procedure, I hereby certify that I

have served this document on all other parties which are listed below by e-file and

email on October 19, 2015 as follows:

Jimmy Tran, Appellee Matthew Muller, Attorney for Appellee Texas Bar No. 14648450 1445 N. Loop West, Suite 760 Houston, Texas 77007 Tel. 713-227-1888 Fax 713-227-1881 mmuller@texas.net Maya Dang, Appellant Alan B. Daughtry, Counsel for Appellant Texas Bar No. 00793583 3355 West Alabama, Suite 444 Houston, Texas 77098 Tel. 281-300-5202 Fax 281-404-4478 alan@alandaughtrylaw.com