Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 10/13/2015 2:23:32 PM JEFFREY D. KYLE Clerk Case No. 03-15-00529-CV THIRD COURT OF APPEALS 10/13/2015 2:23:32 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00529-CV *1 ACCEPTED ^[7352538] CLERK Matthew Eric Kershner , §

Appellant § § Court of Appeals of Texas

v. § § Third District

Samsung Austin §

Semiconductor, LLC , §

Appellees § Appellant’s Unopposed Motion for Extension of Time to File Appellant’s Brief

Appellant Matthew Eric Kershner files this Unopposed Motion for

Extension of Time to file his Appellant’s Brief and would respectfully show this

Court the following:

1. Appellant’s Brief was due yesterday, October 12, 2015.

2. Appellant respectfully requests a 14-day extension of his deadline. If

permitted, his brief would be due on October 26, 2015. Appellant also seeks this extension because, in addition to three pre-

planned, out-of town family trips, his undersigned counsel has been preoccupied

with the following matters since the record was filed:

⎯ September 10–15: Preparation for trial in Tolan v. Cotton , which

was pending in the United States District Court for the

Southern District of Texas as Civil Action No. 4:09-cv-01324;

⎯ September 16, 2015: Oral argument in Stumph v. Dallas Lemmon

West, Inc. , which is pending in Fifth Court of Appeals as Case

No. 05-14-01044-CV;

⎯ September 25, 2015: Reply brief due in Mendez v. Kroger , which

is pending in the United States District Court for the Northern

District of Texas as Civil Action No. 3:14-cv-02034;

⎯ September 28, 2015: Reply brief due in United States v. Padron ,

which is pending in the United States Court of Appeals for the

Fifth Circuit as Case No. 14-11305;

⎯ October 1, 2015: Anders brief due in Velazquez v. State , which is

pending in the Fifth Court of Appeals as Case No. 05-15-00227-

CR;

⎯ October 5, 2015: Response to Motion to Dismiss due in Doe v.

Marling , which is pending in the United States District Court

for the Southern District of Texas as Civil Action No. 4:15-cv-

01467;

⎯ October 8, 2015: Reply Brief due in Amafule v. Wells Asset

Management, Inc ., which is pending in the United States District

Court for the Northern District of Texas as Civil Action No.

3:14-cv-00361; and

⎯ October 12, 2015: Motion for Rehearing due in Stumph v. Dallas

Lemmon West, Inc. , which is pending in Fifth Court of Appeals

as Case No. 05-14-01044-CV.

4. Appellant would have filed this motion yesterday, but his counsel

mistakenly believed that the Court was closed for the Columbus Day holiday. This is Appellant’s first request for an extension of any deadline in

this Case. This motion is not made for purposes of delay, but so that justice may

be done.

Respectfully submitted, s/ Matthew J. Kita Matthew J. Kita Texas Bar No. 24050883 P.O. Box 5119 Dallas, Texas 75208 (214) 699-1863 (Telephone) (214) 347-7221 (Facsimile) matt@mattkita.com Counsel for Appellant Certificate of Conference On October 13, 2015, I conferred with Appellee’s counsel regarding the

merits of this motion, who represented that he is unopposed to the relief requested.

/s/ Matthew J. Kita Matthew J. Kita *4 Certificate of Service The undersigned certifies that a copy of this notice was served on the

following counsel via e-filing in accordance with Texas Rule of Appellate Procedure

9.5 and this Court’s Local Rules on October 13, 2015:

Counsel for Appellee:

Jeffrey D. Boyd

Fee, Smith, Sharp & Vitullo LLP

1801 South MoPac Expressway, Suite 320

Austin, Texas 78746

/s/ Matthew J. Kita Matthew J. Kita