Case Information
*0 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 4/22/2015 3:45:23 PM LISA MATZ Clerk *1 ACCEPTED 05-14-01215-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 4/22/2015 3:45:23 PM LISA MATZ CLERK NO. 05-14-01215-CV IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS
P ATRICK D H IGHLAND E MPLOYEE R ETENTION SSETS LLC,
Appellants/Cross-Appellees, v.
H IGHLAND APITAL M ANAGEMENT , L.P., Appellee/Cross-Appellant, v.
S IERRA V ERDE LLC; P ATRICK B OYCE ; W ILLIAM L. B RITAIN ; AND J AMES D ONDERO ,
Appellees. On Appeal from the 68th Judicial District Court of Dallas County, Texas Cause No. 12-04005 J ILE AUGHERTY AND State Bar No. 24041022 State Bar No. 07403100 cfrazier@adjtlaw.com OHANSEN &
1445 Ross Ave., Ste. 2500 4925 Greenville Avenue, Suite 510
Dallas, Texas 75202
Telephone: 214-855-6800 Telephone: (214) 369-2358
Telecopier: 214-855-6808 Telecopier: (214) 369-2359
Counsel for Appellant/Cross-Appellee Counsel for Appellant/
Highland Employee Retention Assets LLC Cross-Appellee Patrick Daugherty
TO THE HONORABLE COURT OF APPEALS:
Appellants/Cross-Appellees Patrick Daugherty (“Daugherty”) and Highland
Employee Retention Assets LLC (“HERA”) (collectively, “Appellants”) file this
second joint motion for extension of time to file their briefs of appellant.
1. The present deadline for Appellants’ opening briefs is April 29, 2015.
2. Appellants seek an extension of 21 days, until May 20, 2015, in which
to file their briefs of appellant, and that the time period for the remaining briefs for
all parties—as set out in the Court’s March 3, 2015 Order—be likewise extended
by 21 days.
3. This is Appellants’ second request for an extension of time for these
briefs.
4. This motion is unopposed.
5. Appellants request an extension because the undersigned counsel have
a number of other matters that have interfered with their ability to prepare these
briefs by the current due date, as follows: preparation of appellant’s brief in Benjamin Thomas v. Graham
Mortgage Corporation, No. 15-50011; in the United States Court of Appeals for the Fifth Circuit;
• preparation of appellant’s brief in Breggett Rideau v. Keller Independent
School District ; No. 15-10095; in the United States Court of Appeals for the Fifth Circuit;
• preparation of the reply in support of motion for summary judgment and
replies in support of multiple motions to exclude expert testimony in In re Mirant , No. 4:06-cv-013-Y, in the United States District Court for the Northern District of Texas;
• preparation for and argue motion for summary judgment in Latigo
Petroleum, Inc. v. Nabors , No 13,552, in the 84th District Court of Ochiltree County, Texas; and
• preparation for and participation in jury trial in Michael J. Savattere v.
Donna Savattere Younis , Cause No. 13-10328; in the 162nd Judicial District Court of Dallas County, Texas. &
• preparation for oral argument in Cox Operating, L.L.C. v. St. Paul
Surplus Lines Ins. Co. , No. 13-20529, in the United States Court of Appeals for the Fifth Circuit; preparation of settlement documents in Eagle Oil & Gas Company, et al.
v. Travelers Property Casualty Co. of Am. No. 15-10012, in the United States Court of Appeals for the Fifth Circuit; and *4 • preparation of the reply to response to petition for review in USAA Texas
Lloyds Co. v. Gail Menchaca , No. 14-0721, in the Supreme Court of Texas;
• preparation of the brief of appellee in Peter Payne, et al. v. Highland
Homes Ltd ., No. 02-14-00067-CV, in the Second Court of Appeals at Fort Worth; preparation of the brief of appellants in James Morrison, et al. v. Lake
Texoma Highport, LLC, et al ., No. 14-41388, in the Fifth Circuit Court of Appeals.
6. Additional time continues to be required to prepare the briefs because
the appellate record is voluminous, consisting of 41 volumes of the Reporter’s
Record and 10 volumes of the Clerk’s Record and Supplemental Clerk’s Record,
collectively.
7. This motion is not filed for the purpose of delay, but to allow counsel
adequate time to prepare the briefs of appellant in a way that will assist the Court
in reaching a decision.
For these reasons, Appellants/Cross-Appellees Patrick Daugherty and
Highland Employee Retention Assets LLC respectfully request that (1) the
deadline for filing their briefs of appellant be extended until Wednesday, May 20,
2015, and (2) that the time period for the remaining briefs for all parties—as set
out in the Court’s March 3, 2015 Order—be likewise extended by 21 days.
Respectfully submitted, /s/ Charles T. Frazier, Jr. State Bar No. 07403100 cfrazier@adjtlaw.com A D J & 4925 Greenville Avenue, Suite 510 Dallas, Texas 75206-4026 Telephone: (214) 369-2358 Telecopier: (214) 369-2359 C OUNSEL FOR A PPELLANT /C ROSS - A PPELLEE P ATRICK AUGHERTY /s/ John F. Guild State Bar No. 24041022 H 1445 Ross Avenue, Suite 2500 Telephone: 214-855-6800 Telecopier: 214-855-6808 OUNSEL FOR A PPELLANT /C ROSS - PPELLEE IGHLAND E MPLOYEE R ETENTION SSETS LLC *6 C ERTIFICATE OF C ONFERENCE On April 21, 2015, the undersigned conferred with Scott Brister, counsel for
Highland Capital Management, L.P.; James Dondero; Sierra Verde, LLC; Patrick
Boyce; and William L. Britain, who stated that he does not oppose the relief
requested in this motion.
/s/ Charles T. Frazier, Jr. Charles T. Frazier, Jr. ERTIFICATE OF S ERVICE On April 22, 2015, I electronically filed this Unopposed Second Joint
Motion for Extension of Time to File Briefs of Appellants Patrick Daugherty and
Highland Employee Retention Assets LLC with the Clerk of the Court using the
electronic case filing system of the Court, which will send notification of such
filing to all counsel of record listed below:
Scott A. Brister NDREWS K URTH , LLP AIL
111 Congress Ave., Ste. 1700
Austin, Texas 78701 1445 Ross Avenue, Suite 2500
scottbrister@andrewskurth.com
Marc D. Katz NDREWS K URTH LLP
1717 Main St., Suite 3700
Dallas, Texas 75201
marckatz@andrewskurth.com
/s/ Charles T. Frazier, Jr.