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