Balke et al

Filing 59

ORDER entered DENYING 55 First EMERGENCY MOTION MOTION for Extension of Time to File Appellants Brief.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
THOMAS BALKE, TEBJES INC.
d/b/a BASIC ENGINEERING, and
ULTRAWAVE TECHNOLOGY
FOR EMULSION CONTROL LLC
d/b/a ULTRATEC LLC,
Appellants,
v.
DON B. CARMICHAEL, KK & PK
FAMILY, L.P., BARRY D. WINSTON,
and GARY EMMOTT,
Appellees.

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March 16, 2020
David J. Bradley, Clerk

CIVIL ACTION NO. H-18-731

ORDER
On March 13, 2020, the appellants, Thomas E. Balke, Basic Engineering, and Ultratec
LLC, moved to extend the deadline to file their brief until 14 days after the court resolves multiple
pending motions, (Docket Entry Nos. 36, 38, 39, 57), and after the record is supplemented,
assuming the court grants their motion to supplement the record.
The March 13 motion to extend the brief deadline, (Docket Entry No. 55), is denied
because, as the court explained in its January 3, 2020, order, “[a]bating the briefing deadlines will
prejudice the appellees and further delay the adjudication of the first appeal. There is no basis to
find prejudice to the appellants by requiring them to proceed. To the contrary, any prejudice from
the continued delay will be visited on the appellees.” (See Docket Entry No. 35 at 3). In addition,
the court observes that the Fifth Circuit denied the appellants’ motion for a stay pending appeal,
and the appellants filed their pending motion to remand almost two years after filing their notice
of appeal in this court. (See Docket Entry Nos. 1, 36, 56-3). Further delay is unwarranted.

All current deadlines remain in effect. If necessary, the parties may file supplemental briefs
after the court rules on the other pending motions.
SIGNED on March 16, 2020, at Houston, Texas.

_______________________________________
Lee H. Rosenthal
Chief United States District Judge

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