Case Information

*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 4/21/2015 2:03:19 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-14-00417-cv FIRST COURT OF APPEALS HOUSTON, TEXAS 4/21/2015 2:03:19 PM CHRISTOPHER PRINE CLERK NO. 01-14-00417-CV IN THE FIRST COURT OF APPEALS HOUSTON, TEXAS N ICK Y EH I NDIVIDUALLY , A SHDON I NC . D / B / A I MPRESSION B RIDAL , AND

E MME B RIDAL I NC ., Appellants/Cross-Appellees, v.

E LLEN C HESLOFF , Appellee/Cross-Appellant. On Appeal from the 268 th Judicial District Court, Fort Bend County, Texas, No. 09-DCV-174184 UNOPPOSED THIRD MOTION TO EXTEND TIME TO FILE

APPELLEE’S/CROSS-APPELLANT’S BRIEF

Appellee/Cross-Appellant Ellen Chesloff files this Unopposed Third

Motion asking for a thirty-day extension, to June 1, 2015 , to file her

Appellee’s/Cross-Appellant’s Brief in this case.

I. BACKGROUND Appellants appeal the April 25, 2014 Final Judgment entered against

them in the underlying case. Appellee noticed a cross-appeal of that Final

Judgment as well. The Clerk’s Record was filed on June 23, 2014 and the

Reporter’s Record was filed on November 25, 2014.

Appellants filed their brief on January 29, 2015. Appellee’s/Cross-

Appellant’s brief is currently due, on second extension, no later than May

1, 2015.

II. REQUESTED EXTENSION This is Appellee’s/Cross-Appellant’s third request for an extension.

The following matters have prevented the undersigned from devoting

sufficient time to prepare that brief.

1. The undersigned is lead counsel and just finished preparing the

appellees’ brief in Double Diamond-Delaware, Inc., et al. v. Jeanette

Alfonso, et al., No. 13-14-00324-CV, in the Thirteenth Court of

Appeals. That appellees’ brief, which involved an 8-volume,

4,300 page clerk’s record, and a 5-volume reporter’s record,

involved complicated issues regarding the propriety of

maintenance assessments by a property owner’s association, as

well as a complex venue challenge involving multiple parties.

That brief, which was filed on April 20, 2015, consumed much

more of the undersigned’s time over the past month than he

anticipated.

2. The undersigned is lead counsel and responsible for preparing

a reply brief in Hardriders Motorcycle Club Association, et al. v.

Hardriders, Inc., No. 14-14-00234-CV, in the Fourteenth Court of

Appeals. That reply brief is due to be filed on April 27, 2015,

and is set for oral argument on June 11, 2015.

3. The undersigned is lead counsel and responsible for preparing

the appellant’s brief in Perry J. Luig v. North Bay Enterprises, Inc.,

No. 15-10087, in the United States Court of Appeals for the Fifth

Circuit. The appellant’s brief is due to be filed no later than

May 4, 2015.

4. The undersigned is lead counsel and responsible for preparing

a reply brief in Wanda Young, et al. v. Pulte Homes of Texas, LP, et

al., No. 02-14-00224-CV, in the Second Court of Appeals. That

reply brief is due to be filed on May 7, 2015.

5. The undersigned was retained earlier this month as lead

appellate counsel to defend a $6.5 million verdict that was

entered in late March 2015 in Rolando Cumpian v. Joeris General

Contractors, Ltd., No. 2013-CI-14392, in the 285 th District Court

of Bexar County, Texas. The trial court has set a hearing on

May 7, 2015 at which time Plaintiff’s Motion to Enter Judgment

and the Defendant’s Motion for Judgment Notwithstanding the

Verdict (and possibly a Motion for New Trial) will be heard.

Defendants’ Motion for Judgment Notwithstanding the Verdict

is to be filed today, giving the undersigned approximately 10

days to respond to it. Accordingly, the bulk—if not all—of the

undersigned’s time between now and the May 7 th hearing will

need to be devoted to this matter.

These and other day-to-day matters have and will prevent the undersigned

from devoting the time necessary to prepare the Appellee’s/Cross-

Appellant’s brief in this case by the current deadline. This request is

sought not solely for delay, but in order that the Appellee’s/Cross-

Appellant’s Brief and the issues to be presented therein may be clearly and

concisely presented to this Court and so that justice may be served.

III. CERTIFICATE OF CONFERENCE On April 20, 2015, the undersigned contacted lead appellate counsel

for Appellants, Barham Lewis, regarding the substance of this Motion. Mr.

Lewis once again graciously advised that he and his clients were

unopposed to the relief being requested.

IV. PRAYER For these reasons, Appellee/Cross-Appellant respectfully requests

that this Court grant her unopposed motion and extend the time to file her

Appellee’s/Cross-Appellant’s Brief to June 1, 2015 , and for such other and

further relief to which they may be justly and equitably entitled.

Respectfully submitted, By: /s/ Thad D. Spalding Thad D. Spalding State Bar No. 00791708 tspalding@texasappeals.com Peter M. Kelly State Bar No. 00791011 pkelly@texasappeals.com K ELLY D URHAM & P ITTARD LLP PO Box 224626 Dallas, TX 75222 Telephone: 214.946.8000 Facsimile: 214.946.8433 and *5 Ronald M. Estefan State Bar No. 00785851 ron@ronestefanlaw.com T HE E STEFAN F IRM , P.C. 2306 Mason Street Houston, Texas 77006 (713) 333-1100 (713) 333-1101 (Fax) COUNSEL FOR APPELLEE/CROSS-APPELLANT CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this Unopposed Third

Motion to Extend Time to File Appellee’s/Cross-Appellant’s Brief has been

forwarded to the following counsel of record on this 21st day of April 2015 ,

pursuant to Texas Rule of Appellate Procedure 9.5(b)(1).

Barham Lewis

Barham.Lewis@ogletreedeakins.com

O GLETREE D EAKINS N ASH , S MOAK & S TEWART , P.C.

One Allen Center

500 Dallas Street, Suite 3000

Houston, Texas 77002

/s/ Thad D. Spalding Thad D. Spalding