Case Information

*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 8/25/2015 4:52:26 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-14-00880-cv FIRST COURT OF APPEALS HOUSTON, TEXAS 8/25/2015 4:52:26 PM CHRISTOPHER PRINE CLERK CAUSE NO. 01-14-00880-CV IN THE FIRST COURT OF APPEALS HOUSTON, TEXAS THEAOLA ROBINSON Appellant, v.

KTRK TELEVISION, INC., Appellee.

Appealed from the 234 th District Court Harris County, Texas APPELLEE KTRK TELEVISION, INC.’S SECOND MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S

BRIEF, OR IN THE ALTERNATIVE, MOTION TO SUSPEND BRIEFING DEADLINES Catherine Lewis Robb State Bar No. 24007924 Catherine.robb@haynesboone.com *Laura Lee Prather State Bar No. 16234200 Laura.prather@haynesboone.com HAYNES AND BOONE, LLP 600 Congress Avenue Suite 1300 Austin, Texas 78701 Telephone: (512) 867-8400 Facsimile: (512) 867-8470 COUNSEL FOR APPELLEE KTRK TELEVISION, INC.

*Lead counsel for Appellee

APPELLEE’S SECOND MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF, OR IN THE ALTERNATIVE,

MOTION TO SUSPEND BREIFING DEADLINES

Appellee, KTRK Television, Inc. (hereinafter “KTRK” or “Appellee”),

requests an extension of time to file its Appellee’s Brief. This is the second

extension sought by Appellee. The requested extension is 30 days, which would

place the briefing deadline on September 25, 2015. In the alternative, KTRK

Moves to suspend the briefing deadlines in this appeal, specifically KTRK’s

deadline to file its Appellee’s Brief, until the Court rules on Appellee’s pending

Motion to Dismiss.

INTRODUCTION

KTRK’s Brief is currently due on August 26, 2015. On July 23, 2015, prior

to its original briefing deadline, KTRK filed a Motion to Dismiss the appeal on the

grounds that this Court lacks jurisdiction over the issues currently being appealed,

and that Appellant, Theaola Robinson (hereinafter “Robinson”), has repeatedly

failed to comply with the Texas Rules of Appellate Procedure. Facing Robinson’s

sixth attempt to overturn this Court’s prior ruling, KTRK also requested Robinson

be declared a vexatious litigant and be prohibited from filing additional pleadings.

This Court granted Appellee’s first request for an extension of time to file its brief.

Therefore, Appellee’s Brief is now due to be filed on August 26, 2015.

II. ARGUMENT & AUTHORITIES The Court has the authority under Texas Rule of Appellate Procedure

38.6(d) to extend the time to file a brief. One previous extension has been granted

to extend the time to file Appellee’s Brief. There is not a specific deadline to file

this motion to extend time. See Tex. R. App. P. 38.6(d). Because Appellee has

filed a Motion to Dismiss regarding a threshold matter as to whether this Court has

jurisdiction over the appeal filed by Robinson, which Appellee believes the Court

does not, and because Appellee is waiting for this Court to adjudicate Appellee’s

previously filed Motion to Dismiss, Appellee requests an additional 30 days to file

its brief, extending the time until September 25, 2015.

Appellee requests an additional 30 days to file its brief because Appellee

believes this Court does not have jurisdiction over this appeal under the law of the

case doctrine and would hope to receive guidance from this Court in the form of a

ruling on its Motion to Dismiss, prior to doing additional and unnecessary briefing.

Thus, Appellee is uncertain if this Court will need further briefing from Appellee

before it can make a determination on Appellee’s Motion to Dismiss. This request

is not made for the purpose of delay but for the purpose of judicial economy.

As a result, Appellee KTRK requests that this Court grant it an additional 30

days to file its brief, which will give this Court time to review and, Appellee hopes,

determine whether Appellee’s Motion to Dismiss should be granted. In the

alternative, Appellee KTRK would request that this Court exercise its authority

under Texas Rule of Appellate Procedure 2 to suspend the briefing rules in this

case until this Court has reached a determination on the merits of Appellee’s

Motion to Dismiss.

PRAYER

For the above reasons, Appellee asks the Court to grant it an extension of

time to file its brief until September 25, 2015, or in the alternative, to suspend

Appellee’s briefing deadline in this case until this Court makes a determination on

the merits of Appellee’s Motion to Dismiss filed on July 23, 2015.

Respectfully Submitted, HAYNES AND BOONE, LLP /s/ Catherine L. Robb Laura Lee Prather State Bar No. 16234200 Laura.prather@haynesboone.com Catherine Lewis Robb State Bar No. 24007924 Catherine.robb@haynesboone.com 600 Congress Avenue, Suite 1300 Austin, Texas 78701 Telephone: (512) 867-8400 Facsimile: (512) 867-8470 COUNSEL FOR KTRK TELEVISION, INC., APPELLEE *5 CERTIFICATE OF CONFERENCE I certify that on August 25, 2015, I conferred with Ms. Robinson regarding

this motion and she advised that she does not oppose Appellee’s request for a thirty

day extension.

/s/ Catherine L. Robb Catherine L. Robb CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served on

the following parties this the 25 th day of August, 2015 via certified mail, return

receipt requested:

Theaola Robinson

5505 Jensen Drive

Houston, Texas 77028

/s/ Laura Lee Prather Laura Lee Prather