Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 6/8/2015 12:00:00 AM JEFFREY D. KYLE Clerk THIRD COURT OF APPEALS 6/8/2015 12:00:00 AM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00174-CV *1 ACCEPTED [5573965] CLERK No. 03-15-00174-CV Levi Morin,
Appellant,
v. Third Court of Appeals
Law Office of Kleinhans Austin, Texas
Gruber, PLLC,
Appellee.
Because of his counsel’s health issues and professional commit-
ments, defendant-appellant Levi Morin moves for a 14-day extension of
the deadline to file his opening brief. This is his first motion for an ex-
tension. The brief was originally due on May 27; the extension would
make it due on June 10.
Morin’s counsel has been fighting bronchitis since late April. From
the week of April 20 through the week of May 11, he was in the office
for not even a full week. He spent most of that time attempting to rest
to get healthy.
The time that he was able to work was dominated by other profes-
sional commitments, many of them demanding his court presence on
an emergency basis. These included: Client meetings related to emergency proceedings and condi-
tions of the client’s detention in In re CTLI, LLC , No 4:14-bk-
33564 in the U.S. Bankruptcy Court for the Southern District of
Texas;
• Preparation of an emergency motion to stay pending appeal in the
appeal of the contempt order, No. 4:15-cv-1063 in the U.S. Dis-
trict Court for the Southern District of Texas;
• An April 29 status hearing on the client’s detention conditions in
CTLI , set on fewer than 24 hours’ notice;
• Designation of the record and issues on appeal and coordinating
the transcription of electronically recorded proceedings in CTLI ,
which was due on May 7;
• An emergency hearing on May 19, set on roughly 36 hours’ no-
tice, on the CTLI client’s attempt to purge himself of contempt,
which, unbeknownst to counsel, turned out to be a request to
change the conditions of the contempt order to conditions with
which he would prefer to comply;
• An emergency client meeting on May 26 following the court’s
order, issued that afternoon, setting a 10:30 hearing the next day
on the client’s statement to the marshals that he wished to purge
himself of contempt;
• Further client meetings and the hearing on May 27, at which the
client purged himself of contempt; Speaking on federal appeals at the TexasBarCLE/Texas Young
Lawyers Association annual Federal Court Practice seminar in
Dallas on May 15; *3 • Preparing the appellant’s brief in Samaniego v. Aliseda , No. 03-
14-00795-CV in the Third Court of Appeals, due on May 11; and Counseling a client on potential rehearing and petition issues in
Mahoney v. Slaughter , No. 01-14-00471-CV in the First Court of
Appeals, which the court decided on May 7.
These obligations and his illness have prevented Morin’s counsel from
preparing a brief that will properly present Morin’s appellate issues and
arguments.
Morin seeks this extension not for delay, but so justice can be done.
The plaintiff-appellee law firm won’t be prejudiced by this extension,
which moves Morin’s obligation to file from the accelerated-appeal
deadline to just after the standard deadline.
Conclusion and Prayer Morin prays that the Court set June 10, 2015, as the deadline for him
to file his opening brief. He further prays for all other relief to which he
may be entitled.
Respectfully submitted, The Olson Firm PLLC /s/ Leif A. Olson Leif A. Olson leif@olsonappeals.com State Bar No. 24032801 PMB 188 4830 Wilson Road, Suite 300 Humble, Texas 77396 *4 (281) 849-8382 Counsel for Appellant Levi Morin Certificate of Conference I contacted the appellees about this motion by telephone on May 28
and June 5 and by email on May 27, May 28, and June 5. At 4:38 p.m.
on June 5, Keith Kleinhans informed me by email that the firm opposes
the requested extension.
/s/ Leif A. Olson Certificate of Service On June 6, 2015, I served a copy of this Morin’s Motion for 14-day
Briefing Extension upon the firm’s counsel by electronic service:
Law Office of Kleinhans Gruber, PLLC
Kimberly G. Kleinhans
kim@lawofficeofkg.com
700 Lavaca, Suite 1400
Austin, Texas 78701
/s/ Leif A. Olson