Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 3/25/2015 3:57:13 PM JEFFREY D. KYLE Clerk 03-14-00518-CV THIRD COURT OF APPEALS 3/25/2015 3:57:13 PM JEFFREY D. KYLE 03-14-00518-CV AUSTIN, TEXAS *1 ACCEPTED ^[4643433] CLERK IN THE COURT OF APPEALS FOR THE THIRD DISTRICT OF TEXAS AT AUSTIN James Poe and Senior Retirement Planners, LLC APPELLANTS

v.

EDUARDO S. ESPINOSA, IN HIS CAPACITY AS

RECEIVER OF RETIREMENT VALUE, LLC APPELLEE Appeal from 53rd Judicial District Court of Travis County, Texas (Hon. Gisela D. Triana, Presiding) APPELLEE’S MOTION TO EXTEND TIME TO FILE BRIEF State Bar No. 19856425 George, Brothers, Kincaid & Horton, L.L.P 114 W Seventh, Suite 1100 Austin, TX 78701-3015 Telephone: (512) 495-1400 Facsimile: (512) 499-0094 jthomas@gbkh.com ATTORNEYS FOR APPELLEE EDUARDO S. ESPINOSA, IN HIS CAPACITY AS RECEIVER OF RETIREMENT VALUE, LLC *2

COMES NOW, Appellee, Eduardo S. Espinosa, in his Capacity as Receiver of

Retirement Value, LLC, and request the Court to extend the time to file Appellee’s Brief.

Time to File Brief in accordance with Tex. R. App. P. 10.5(b) and Tex. R. App. P.

38.6(d).

A. Introduction 1. Appellant filed its brief on March 11, 2015.

2. Appellee’s brief is due on April 10, 2015.

3. Texas Rule of Appellate Procedure Rule 38.6(b) states that the appellee's

brief must be filed within 30 days after the date the appellant's brief was filed. Appellee

now asks the Court to grant its motion to extend time for thirty days to file appellee’s

brief.

B. Arguments & Authorities 4. The Court may extend the time for filing a brief under Texas Rule of

Appellate Procedure 38.6(d).

5. Appellee seeks an extension in this case because Appellee is still seeking

correction and supplementation of the Clerk’s Record. In addition to the size and issues

associated with the Clerk’s Record, attorney’s for Appellee have other deadlines

associated with other cases.

6. Counsel for Appellant does not oppose this motion and has agreed to the

extension sought.

7. There have not been any previous extensions granted regarding the filing of

Appellee’s brief.

C. Prayer 8. For these reasons, Appellee Eduardo S. Espinosa, in his Capacity as

Receiver of Retirement Value, LLC asks the Court to grant an extension of time to file

the appellee’s brief until May 10, 2015.

Respectfully submitted, /s/ John W. Thomas State Bar No. 19856425 George & Brothers, L.L.P 114 W Seventh, Suite 1100 Austin, TX 78701-3015 Telephone: (512) 495-1400 Facsimile: (512) 499-0094 jthomas@gbkh.com ATTORNEYS FOR APPELLEE EDUARDO S. ESPINOSA, IN HIS CAPACITY AS RECEIVER OF RETIREMENT VALUE, LLC CERTIFICATE OF CONFERENCE The undersigned has conferred with counsel for Appellant about the merits of the

motion and counsel for Appellant has agreed to the extension of time to file Appellee’s

Brief.

CERTIFICATE OF SERVICE A copy of the foregoing pleading was served upon the following listed counsel in

the manner listed below, and by the Court’s electronic service on this 25th day of March,

2015. Subject to further notice, the electronic transmission will be reported as complete

upon electronic receipt by the court .

Scott Lindsey

Gardner Aldrich, LLP

1130 Fort Worth Club Tower

777 Taylor St.

Fort Worth, TX 76102

Telephone: 817-336-5601

Fax: 817-336-5297

slindsey@gardneraldrich.com

/s/ John W. Thomas