Case Information
*0 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 5/28/2015 2:33:52 PM LISA MATZ Clerk *1 ACCEPTED 05-14-01442-cv FIFTH COURT OF APPEALS DALLAS, TEXAS 5/28/2015 2:33:52 PM LISA MATZ CLERK IN THE COURT OF APPEALS FIFTH DISTRICT OF TEXAS AT DALLAS
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NO. 05-14-01442-CV ________________________________
CAPITAL ONE, N.A., Appellant v.
STANLEY C. HADDOCK, Appellee
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On Appeal from 44 District Court Dallas County, Texas Trial Court Cause No. DC-08-13162
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CAPITAL ONE, N.A.’S UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE APPELLANT’S REPLY BRIEF
I NTRODUCTION 1. Appellant is Capital One, N.A.
2. Appellee is Stanley C. Haddock.
A RGUMENT & A UTHORITIES The Court may grant Appellant additional time to file its Appellant’s Reply Brief under Texas Rule of Appellate Procedure 38.6(d). Appellant’s Reply Brief is
currently due May 28, 2015. Appellant’s counsel was ill part of last week, and was out of
town part of the prior week on business. His client contact is out this week. In order to
afford Appellant’s counsel adequate time to finish the Reply Brief (and to follow up on a
possible Stipulation regarding lost or missing items in record), and to afford Appellant
time to review and approve the Reply Brief, Appellant requests a very short extension of
time (6 days) to file its Reply Brief. Appellee’s counsel does not oppose this request.
4. This is the first request for extension of time that Appellant has requested
with respect to the Reply Brief (Appellant and Appellee each requested an additional two
weeks for their principal briefs).
5. Appellant’s Reply Brief is now due to be filed on May 28, 2015. Appellant
requests an additional 6 days to file it, extending the time to Wednesday, June 3, 2015. This motion is timely filed under Texas Rule of Appellate Procedure 38.6.
Finally, this motion is not for delay but, rather, that justice be done.
P RAYER For these reasons, Appellant asks the Court to grant it an extension of time to file
its Appellant’s Brief, extending the deadline by 6 days until June 3, 2015, and for all
other relief to which it may be justly entitled.
Respectfully submitted, /s Brian A. Kilpatrick Brian A. Kilpatrick Texas Bar No. 00784392 Jackson Walker L.L.P. 901 Main Street, Suite 6000 Dallas, Texas 75202 Tel: (214) 953-5933 Fax: (214) 661-6656 Email: bkilpatrick@jw.com COUNSEL FOR APPELLANT CAPITAL ONE, N.A.
CERTIFICATE OF CONFERENCE
On May 28, 2015, I conferred with Appellee’s counsel, and he is unopposed to the
relief requested herein.
/s Brian A. Kilpatrick Brian A. Kilpatrick CERTIFICATE OF SERVICE I hereby certify that the foregoing was served on the following counsel of record
on this 28 day of May, 2015:
Via Telecopier (972) 233-4971
Mr. Stephen A. Khoury
Kelsoe, Anderson, Khoury, & Clark, PC
5220 Spring Valley Road, Suite 500
Dallas, Texas 75254
/s Brian A. Kilpatrick Brian A. Kilpatrick 13501323v.1