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