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Filed 10 December 20 P3:56
Loren Jackson - District Clerk
Harris County
ED101J016103351
NO. 2006 By: corey hale
TROY PERRY, IN THE DISTRICT COURT OF
Plaintiff,
HARRIS COUNTY, T E X A S
ALIEF INDEPENDENT SCHOOL
DISTRICT, DAN TURNER, and
HENRY BONAPARTE,
Defendants. JUDICIAL DISTRICT
JOINT MOTION FOR TRIAL CONTINUAN
Plaintiff Troy Perry (“Plaintiff”) and Defendants Alief Independent School District, Dan
Turner Turner , and Henry Bonaparte Bonaparte (collectively, “Defendants”) file this
Joint Motion for Trial Continuance, and respectfully show the Court as follows:
This case is currently set for trial on the Court’s two week trial docket of January
The parties requested this trialsetting in October of 2010, because this case had
been stayed pending an interlocutory appeal for approximately two and a half years. On
November 26, 2007, this Court entered an order denying AISD, Turner, and Bonaparte’s Motion
for Partial Summary Judgment. Pursuant to RAC ODE § 51.014(a)(5), on
December 14, 2007, Turner and Bonaparte perfected an interlocutory appeal of the Court’s order
to the Fourteenth Court of Appeals in Houston, Texas. In conjunction therewith, this Court
entered an order staying the trial court proceedings pending resolution of Turner and Bonaparte’s
interlocutory appeal.
On or about January 28, 2009, the Fourteenth Court of Appeals filed an opinion
affirming this Court’s order in part, reversing in part, and remanding for further proceedings.
Thereafter, Turner and Bonaparte petitioned the Texas Supreme Court for review. The Texas
426214.1
preme Court denied Turner and Bonaparte’s petition for review on February 12, 2010, and the
Fourteenth Court of Appeals filed its mandate to this Court on April 13, 2010.
The parties thereafter conferred and requested the Court set this case for trial
sometime in January 2011.
The parties now jointly request the Court to continue the trial setting in this case
and re set this case for trial sometime in May or June of 2011. Counsel for Defendants is
scheduled to present an oral argument before the United States Court of Appeals for the Fifth
Circuit in New Orleans, Louisiana in Cause No. , during the week of January
which falls within this case s two week trial setting. In addition, counsel for Plaintiff has
been extremely busy serving as class counsel in Cause No. 2:08 TJW, Charles H.
Coll, et al. v. Abaco Operating, LLC et al., in the United States District Court for the Eastern
District of Texas. Moreover, the parties require additional time to prepare for trial due to their
schedules and the two and a half years this case was pending on interlocutory appeal.
The parties seek this continuance not for purposes of delay, but so that justice
may be done.
426214.1
Respectfully and jointly submitted,
LOOPER REED & McGRAW, P.C.
By:
James L. Reed
State Bar Number 16679200
jreed@lrmlaw.com
Michael A. Ackal, III
State Bar Number 24045367
mackal@lrmlaw.com
1300 Post Oak Blvd., Suite 2000
Houston, Texas 77056
(713) 986 7000 Telephone
(713) 986 7100 Telecopier
ATTORNEYS FOR PLAINTIFF
ROGERS, MORRIS & GROVER, LLP
By: J. Erik Nichols
J. ERIK NICHOLS
State Bar No. 00788119
JONATHAN G. BRUSH
State Bar No. 24045576
5718 Westheimer, Suite 1200
Houston, Texas 77057
Telephone: 713/960 6000
Facsimile: 713/960
UNSEL FOR DEFENDANTS
* With Permission By
Michael A. Ackal, III
426214.1
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing was served
upon the following attorneys of record via electronic service through TexasOnline
www.myfilerunner.com) pursuant to Part 5 of the Local Rules of the Harris County District
Courts Concerning the Electronic Filing of Court Documents, on this 20 day of December,
J. Erik Nichols
Jonathan G. Brush
Rogers, Morris & Grover, L.L.P.
5718 Westheimer, Suite 1200
Houston, Texas 77057
Michael A. Ackal, III
426214.1
Preview
Filed 10 December 20 P3:56 Loren Jackson - District Clerk Harris County ED101J016103351 NO. 2006 By: corey hale TROY PERRY, IN THE DISTRICT COURT OF Plaintiff, HARRIS COUNTY, T E X A S ALIEF INDEPENDENT SCHOOL DISTRICT, DAN TURNER, and HENRY BONAPARTE, Defendants. JUDICIAL DISTRICT JOINT MOTION FOR TRIAL CONTINUAN Plaintiff Troy Perry (“Plaintiff”) and Defendants Alief Independent School District, Dan Turner Turner , and Henry Bonaparte Bonaparte (collectively, “Defendants”) file this Joint Motion for Trial Continuance, and respectfully show the Court as follows: This case is currently set for trial on the Court’s two week trial docket of January The parties requested this trialsetting in October of 2010, because this case had been stayed pending an interlocutory appeal for approximately two and a half years. On November 26, 2007, this Court entered an order denying AISD, Turner, and Bonaparte’s Motion for Partial Summary Judgment. Pursuant to RAC ODE § 51.014(a)(5), on December 14, 2007, Turner and Bonaparte perfected an interlocutory appeal of the Court’s order to the Fourteenth Court of Appeals in Houston, Texas. In conjunction therewith, this Court entered an order staying the trial court proceedings pending resolution of Turner and Bonaparte’s interlocutory appeal. On or about January 28, 2009, the Fourteenth Court of Appeals filed an opinion affirming this Court’s order in part, reversing in part, and remanding for further proceedings. Thereafter, Turner and Bonaparte petitioned the Texas Supreme Court for review. The Texas 426214.1 preme Court denied Turner and Bonaparte’s petition for review on February 12, 2010, and the Fourteenth Court of Appeals filed its mandate to this Court on April 13, 2010. The parties thereafter conferred and requested the Court set this case for trial sometime in January 2011. The parties now jointly request the Court to continue the trial setting in this case and re set this case for trial sometime in May or June of 2011. Counsel for Defendants is scheduled to present an oral argument before the United States Court of Appeals for the Fifth Circuit in New Orleans, Louisiana in Cause No. , during the week of January which falls within this case s two week trial setting. In addition, counsel for Plaintiff has been extremely busy serving as class counsel in Cause No. 2:08 TJW, Charles H. Coll, et al. v. Abaco Operating, LLC et al., in the United States District Court for the Eastern District of Texas. Moreover, the parties require additional time to prepare for trial due to their schedules and the two and a half years this case was pending on interlocutory appeal. The parties seek this continuance not for purposes of delay, but so that justice may be done. 426214.1 Respectfully and jointly submitted, LOOPER REED & McGRAW, P.C. By: James L. Reed State Bar Number 16679200 jreed@lrmlaw.com Michael A. Ackal, III State Bar Number 24045367 mackal@lrmlaw.com 1300 Post Oak Blvd., Suite 2000 Houston, Texas 77056 (713) 986 7000 Telephone (713) 986 7100 Telecopier ATTORNEYS FOR PLAINTIFF ROGERS, MORRIS & GROVER, LLP By: J. Erik Nichols J. ERIK NICHOLS State Bar No. 00788119 JONATHAN G. BRUSH State Bar No. 24045576 5718 Westheimer, Suite 1200 Houston, Texas 77057 Telephone: 713/960 6000 Facsimile: 713/960 UNSEL FOR DEFENDANTS * With Permission By Michael A. Ackal, III 426214.1 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing was served upon the following attorneys of record via electronic service through TexasOnline www.myfilerunner.com) pursuant to Part 5 of the Local Rules of the Harris County District Courts Concerning the Electronic Filing of Court Documents, on this 20 day of December, J. Erik Nichols Jonathan G. Brush Rogers, Morris & Grover, L.L.P. 5718 Westheimer, Suite 1200 Houston, Texas 77057 Michael A. Ackal, III 426214.1