Case Information
*0 FILED IN 2nd COURT OF APPEALS FORT WORTH, TEXAS 12/19/2017 3:01:45 PM DEBRA SPISAK Clerk *1 ACCEPTED 02-1700250-cv SECOND COURT OF APPEALS FORT WORTH, TEXAS 12/19/2017 3:01 PM DEBRA SPISAK CLERK COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
CAUSE NO. 02-17-00250-CV
RICHARD CHALKER, APPELLANT
V.
NATIONSTAR MORTGAGE, LLC, APPELLEE
____________________________ FROM THE 393 RD JUDICIAL DISTRICT COURT OF DENTON COUNTY TRIAL COURT NO. 15-04402393
____________________________ APPELLEE NATIONSTAR MORTGAGE, LLC’S
FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF
TO THE HONORABLE SECOND DISTRICT COURT OF APPEALS:
Pursuant to Texas Rules of Appellate Procedure 10.1 and 38.6(d) and Local Rule 1.E,
Appellee Nationstar Mortgage LLC (“Nationstar”) files this Unopposed Motion to Extend Time to
File Appellee’s Brief for the reasons set forth below. Pursuant to a Rule 11 Agreement attached to
this motion, Appellee hereby requests that the due date for filing Appellee’s brief be extended
thirty (30) days from January 8, 2018 to February 7, 2018 .
The Final Judgment in this case was signed on July 13, 2017. Appellant filed his notice of
appeal on July 27, 2017. After this Court granted Appellant’s three (3) unopposed requests for
extensions, Appellant Chalker filed his brief on or about December 8, 2017. Appellee’s current *2 due date for filing its brief is January 8, 2018. Reasons that Appellee’s first agreed 30-day
extension is requested and should be granted are as follows:
1. Currently, the parties are engaged in settlement negotiations in an effort to resolve
this matter. Appellant has made two (2) alternative settlement proposals, which Appellee is
in the process of evaluating.
2. The Parties’ settlement discussions are occurring in the midst of the holiday season
including Hanukkah, Christmas, and New Year’s Day, which finds Appellee’s
representatives out of the office at various times on pre-scheduled holiday vacations. Thus,
Appellee needs at least an additional 30 days to consider Appellant’s settlement offers and,
as a result, the parties have agreed to this request for continuance.
3. This is Appellee Nationstar’s first request for an extension of its brief due date. 4. Appellant’s Counsel Mark Lieberman has advised Appellee’s Counsel that
Appellant does not oppose Appellee’s request for a thirty (30) day extension of Appellee’s
brief due date.
5. A Rule 11 agreement respecting an agreed continuance of the appeal has been
entered into so that the Parties may have sufficient time to consider and negotiate a
settlement of this matter. A copy of the Rule 11 consent to Appellee’s motion for a 30 day
extension is attached to this Motion.
6. Appellee needs this extension so that if settlement of this matter is not finalized,
Appellee’s Counsel will have sufficient time to analyze Appellant’s brief and respond to
the issues in a succinct and timely manner.
7. This request for extension is not sought for the reason of delay, but so that justice
may be done. *3 8. All facts recited in this motion are within the personal knowledge of the
undersigned Counsel for Appellee. Therefore, no verification is necessary under Texas
Rule of Appellate Procedure 10.2.
PRAYER FOR RELIEF For the reasons set forth above, the Appellee requests that this Court grant this unopposed
motion to Extend Time to File Appellee’s brief for a period of thirty (30) days so that the parties
have an opportunity to settle this case, or in the event it does not settle, to prepare and file
Appellee's brief.
Dated: December 19, 2017 Respectfully submitted,
/s/Elizabeth Chandler __________________ Elizabeth Chandler, SBN: 24097484 echandler@mcguirewoods.com MCGUIREWOODS LLP 2000 McKinney Avenue, Suite 1400 Dallas, Texas 75201 Telephone: 214.932.6400 Facsimile: 214.932.6499 ATTORNEY FOR APPELLEE NATIONSTAR MORTGAGE LLC *4 CERTIFICATE OF CONFERENCE I hereby certify that on December 17 & 18, 2017, I conferred with Counsel for Appellant,
who informed me that Appellant is unopposed to this motion and has in fact signed a Rule 11
agreement attached to this motion, which confirms such agreed extension to the appeals deadlines
as requested herein. /s/ Elizabeth Chandler
Elizabeth Chandler CERTIFICATE OF SERVICE
I hereby certify that on December 19, 2017, a true and correct copy of the foregoing was
served via the court’s electronic filing system and email as follows:
V IA ECF and Email at Mjc358@hotmail.com
Mark Lieberman, Esq.
Attorney for Appellant Chalker
Law Office of Mark Lieberman
1704 Pine Hills Rd.
Corinth, Texas 76219
COUNSEL FOR APPELLANT /s/ Elizabeth Chandler
Elizabeth Chandler