Case Information

*0 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 9/24/2015 1:50:42 PM LISA MATZ Clerk *1 ACCEPTED 05-15-00910-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 9/24/2015 1:50:42 PM LISA MATZ CLERK No. 05-15-00910-CV In The

COURT OF APPEALS

FIFTH DISTRICT OF TEXAS Dallas, Texas David Cole, Independent Administrator of the

Estate of Kathryn Cole, Deceased Appellant, v.

Amica Mutual Insurance Company, Appellee.

On Appeal from Cause No. DC-15-02618-D In the 95th Judicial District Court of Dallas County, Texas

Honorable Ken Molberg, Presiding Judge APPELLANT’S UNOPPOSED MOTION FOR EXTENSION

OF TIME TO FILE APPELLANT’S BRIEF TO THE HONORABLE DALLAS COURT OF APPEALS:

Appellant David Cole Independent Administrator of the Estate of Kathryn Cole,

Deceased (“Appellant”), represented by Jo Allison Stasney of Thompson, Coe, Cousins

& Irons, L.L.P. (email address: jstasney@thompsoncoe.com) files this Unopposed

Motion for Extension of Time to File Appellant’s Brief and respectfully shows: The current deadline to file Appellant’s Brief is September 30, 2015.

2. Appellant seeks a 15-day extension of time to file its Brief. See Tex.

R. App. P. 38.6(d); 10.5 (b). Accordingly, Appellant seeks an extended deadline to

October 15, 2015.

3. This is Appellant’s first request for an extension of time to file its

Brief.

4. This extension of time is necessary due to the schedule of Appellant’s

lead appellate counsel, Jody Stasney. Specifically, her schedule prevents her from

preparing the Brief by the current deadline. Matters over the last few weeks being

handled by Ms. Stasney required immediate attention, including a federal court

removal with out-of-the-ordinary legal issues and finalizing settlements in a

seven-party insurance company lawsuit pending in federal court in Arizona

pursuant to the court’s September 2, 2015 order imposing a September 30, 2015

deadline, along with finalizing the settlement of a related bad faith action

pending in state court in Arizona. Additionally, Ms. Stasney has been attending

to personal matters involving the sale of her mother’s house in Fort Worth. Counsel for Appellant has personally communicated with counsel for

Appellee regarding this motion, and Appellee is not opposed to this motion and

the relief sought.

For these reasons, Appellant respectfully requests that the Court grant this

motion and extend the deadline to file Appellant’s Brief until October 15, 2015,

and grant any other relief to which it is justly entitled.

Respectfully submitted, ___ /s/ Jo Allison Stasney ___________ Jo Allison Stasney State Bar No. 19080280 THOMPSON, COE, COUSINS & IRONS, L.L.P. Plaza of the Americas 700 N. Pearl Street, Twenty-Fifth Floor Dallas, TX 75201-2832 Telephone: (214) 871-8200 Telecopy: (214) 871-8209 E-Mail: jstasney@thompsoncoe.com Wade C. Crosnoe State Bar No. 00783903 THOMPSON, COE, COUSINS & IRONS, L.L.P. 701 Brazos, Suite 1500 Austin, Texas 78701 Telephone: (512) 703-5078 Telecopy: (512) 708-8777 E-Mail: wcrosnoe@thompsoncoe.com COUNSEL FOR DAVID COLE, INDEPENDENT ADMINISTRATOR OF THE ESTATE OF KATHRYN COLE, DECEASED CERTIFICATE OF SERVICE This is to certify that on the 24th day of September, 2015, a copy of the

foregoing was sent via electronic notice and/or certified mail, return receipt

requested to Appellee’s counsel as follows:

Neil A. Bickley

Attorney at Law

301 S. Sherman, Suite 103

Richardson, TX 75081

s/ Jo Allison Stasney _______________ Jo Allison Stasney