Glenn Beckendorff, in His Official Capacity as Waller County Judge, Frank Pokluda, in His Official Capacity as Waller County Precinct Two Commissioner, and Stan Kitzman, in His Official Capacity as Waller County Precinct Four Commissioner v. City of Hempstead, Texas, Citizens Against the Landfill in Hempstead, Pintail Landfill, LLC, and Waller County, Texas, 01-15-00523-CV

Glenn Beckendorff, in His Official Capacity as Waller County Judge, Frank Pokluda, in His Official Capacity as Waller County Precinct Two Commissioner, and Stan Kitzman, in His Official Capacity as Waller County Precinct Four Commissioner v. City of Hempstead, Texas, Citizens Against the Landfill in Hempstead, Pintail Landfill, LLC, and Waller County, Texas

01-15-00523-CV

| Tex. App. | Jun 15, 2015

Check Treatment

Case Information

*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 6/15/2015 11:41:11 AM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-15-00523-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 6/15/2015 11:41:11 AM CHRISTOPHER PRINE CLERK

NO. 01-15-00523-CV In the Court of Appeals For the First District of Texas at Houston, Texas GLENN BECKENDORFF, IN HIS OFFICIAL CAPACITY AS WALLER COUNTY JUDGE, FRANK POKLUDA, IN HIS OFFICIAL CAPACITY AS

WALLER COUNTY PRECINCT TWO COMMISSIONER, and STAN KITZMAN, Appellants

CITY OF HEMPSTEAD, TEXAS and CITIZENS AGAINST THE LANDFILL

IN HEMPSTEAD and PINTAIL LANDFILL, INC., Appellees On Appeal from the 506 Judicial District Court of Waller County, Texas Trial Court Cause No. 13-03-21872 MOTION FOR EXTENSION OF TIME TO RESPOND TO MOTIONS TO THE HONORABLE JUDGE OF SAID COURT:

NOW COME Appellants, Glenn Beckendorff, in his official capacity as Waller County Judge, Frank Pokluda, in his official capacity as Waller County

Precinct Two Commissioner, and Stan Kitzman, and move the Court for an

extension of time to file their Response to Appellee’s Motion to Show

Authority, Motion for Damages Under Texas Rule of Appellate Procedure, and

Motion to Dismiss (hereafter referred to as “Motions”), and shows the Court

as follows:

The deadline to respond to the Motions is approximately June 15, 2015.

Counsel for Appellants, David Carp, was not involved in the underlying trial

and cannot respond to the Motions without first reviewing the Clerk’s record,

which has not been fully filed at this time. (See attached Affidavit of David

Carp).

WHEREFORE, Appellants respectfully request an extension to respond to the Motions until 30 days after the date the Clerk’s record is filed with the

Court so that counsel may have adequate time to review the record and file

appropriate responses to the Motions.

Dated: June 15, 2015 Respectfully submitted,

By: /s/ David A. Carp TBN: 03836500 Herzog & Carp 427 Mason Park Boulevard Katy, Texas 77450 713.781.7500 Phone 713.781.4797 Fax dcarp@hcmlegal.com Attorneys for Appellant s *3 CERTIFICATE OF SERVICE I hereby certify that on June 15, 2015 a true and correct copy of the foregoing Motion for Extension to Respond to Motions, was delivered via e-

service to the following:

James P. Allison Brent W. Ryan, Esq.

J. Eric Magee McElroy, Sullivan & Miller, LLP

Allison, Bass & Magee, LLP P.O. Box 12127

A. O. Watson House Austin, TX 78711 th

402 W. 12 Street Attorneys for Pintail Landfill, LLC

Austin, Texas 78701

Attorneys for Waller County, Texas

and Waller County Commissioners Court

Terry L. Scarborough Eric Farrar, Esq.

Michael L. Woodward Olson & Olson, LLP

V. Blayre Pena Wortham Tower, Suite 600

Hance Scarborough, LLP 2727 Allen Parkway th

400 W 15 #950 Houston, Texas 77019

Austin, Texas 78701 Attorneys for City of Hempstead

Carol A. Chaney

Law Office of Carol A. Chaney

820 13 Street

P.O. Box 966

Hempstead, Texas 77445

Attorneys for Citizens Against

the Landfill in Hempstead

/s/ David A. Carp