Case Information

*0 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 4/27/2015 10:01:58 AM LISA MATZ Clerk *1 ACCEPTED 05-14-01391-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 4/27/2015 10:01:58 AM LISA MATZ CLERK

NO. 05-14-01391-CV I N T HE C OURT OF A PPEALS

FOR THE F IFTH J UDICIAL D ISTRICT D ALLAS , T EXAS

M ARSHA F ONTANIVE

A PPELLANT

V .

CD X H OLDINGS , I NC .

A PPELLEE . F ROM THE C OUNTY C OURT AT L AW N O . 1, D ALLAS C OUNTY , T EXAS , C AUSE N O . CC-14-01736-A, D’M ETRIA ENSON PRESIDING .

J OINT M OTION TO A BATE A PPEAL

TO THE HONORABLE COURT OF APPEALS:

Under Texas Rule of Appellate Procedure 10.1, CDx Holdings, Inc.

(“Appellee”) and Marsha Fontanive (“Appellant”) file this joint motion to abate

this appeal for 60 days, or until June 26, 2015, to facilitate ongoing attempts to

settle their dispute.

1. Appellant’s brief was filed on February 3, 2015. After two

extensions, Appellee’s brief is currently due on May 4, 2015.

2. The parties are near an agreement to resolve this matter and seek an abatement, including a stay of all pending briefing deadlines, in order to permit

the parties to continue those discussions.

3. The parties are not seeking an abatement for purposes of undue delay, but rather are attempting to resolve their dispute in good faith in a manner that

conserves resources for both the Court and the parties.

4. The Court has the authority to abate this appeal pursuant to Texas Rule of Appellate Procedure 42.1(a)(2)(C). See also Staub v. City of Round

Rock , 2014 WL 2198485 (Tex. App.—Austin May 23, 2014, no pet.) (mem.

op., not designated for publication); Carney v. Mason , 2005 WL 3471476 (Tex.

App.—Dallas Dec. 20, 2005, no pet.) (mem. op., not designated for

publication). A 60 day abatement would last until June 26, 2015.

5. The parties anticipate filing a voluntary dismissal after the final settlement terms are reached and the documents have been executed.

REQUEST FOR RELIEF For these reasons, the parties respectfully request that the Court abate this appeal for 60 days, or until June 26, 2015, including all briefing deadlines that

occur during this period, subject to the following: (a) on or before the 60th day

after the abatement, the parties will provide notice of whether they have reached a

settlement agreement; (b) if the parties have reached a settlement agreement,

Appellant will promptly file an appropriate motion to dispose of this appeal; (c) if

the parties have not settled their disputes within the 60 day abatement period,

Appellee requests that the Court set the due date for the Appellee’s brief to be filed

30 days from the date the abatement is lifted.

Respectfully submitted, /s/ Jeremy D. Kernodle /s/ Laura J. Baughman

Stacy L. Brainin Laura J. Baughman

State Bar No. 02863075 State Bar No. 00791846

Stacy.Brainin@haynesboone.com lbaughman@baronbudd.com

Jeremy D. Kernodle Denyse F. Clancy

State Bar No. 24032618 State Bar No. 24012425

Jeremy.Kernodle@haynesboone.com dclancy@baronbudd.com

Christopher Rogers John Langdoc

State Bar No. 24051264 State Bar No. 24044583

Chris.Rogers@haynesboone.com jlangdoc@baronbudd.com

Nicole Somerville ARON & B UDD P.C.

State Bar No. 24068637 3102 Oak Lawn Avenue, Suite 1100

Nicole.Somerville@haynesboone.com Dallas, Texas 75219 Telephone: (214) 521-3605

Haynes and Boone, LLP

2323 Victory Avenue, Suite 700

Dallas, Texas 75219

Telephone: (214) 651-5000

Facsimile: (214) 651-5940

Attorneys for Appellee CDx Holdings, Attorneys for Appellant Marsha

Inc. Fontanive *5 C ERTIFICATE OF C ONFERENCE I hereby certify that on April 27, 2015, I conferred with counsel for Appellant. Counsel for Appellant does not oppose the relief sought by this motion.

/s/ Nicole Somerville Nicole Somerville C ERTIFICATE OF S ERVICE

I certify that a true and correct copy of the foregoing instrument was served in accordance with the Texas Rules of Appellate Procedure on April 27, 2015.

Laura J. Baughman

Denyse F. Clancy

John Langdoc ARON & B UDD P.C.

3102 Oak Lawn Avenue, Suite 1100

Dallas, Texas 75219

lbaughman@baronbudd.com

dclancy@baronbudd.com

jlangdoc@baronbudd.com

/s/ Jeremy D. Kernodle Jeremy D. Kernodle 15129997_1