Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 3/25/2015 12:05:20 PM JEFFREY D. KYLE Clerk No. 03-15-00085-CV THIRD COURT OF APPEALS 3/25/2015 12:05:20 PM JEFFREY D. KYLE 03-15-00085-CV AUSTIN, TEXAS *1 ACCEPTED ^[4636064] CLERK In the Third Court of Appeals Austin, Texas _______________________________________________ Michael J. DeLitta and DelCom Properties, LLC, Appellants v.

Nancy Schaefer Appellee _______________________________________________ U NOPPOSED M OTION FOR E XTENSION OF T IME _____________________________________________________

O T HE ONORABLE T HIRD OURT OF A PPEALS : Pursuant to Texas Rules of Appellate Procedure 38.6(d) and 10.5(b), Appellee

Nancy Schaefer files this motion for extension of time and would respectfully show the

Court as follows:

I.

Appellants filed their brief on March 16, 2015. Appellee’s brief currently is due

on Monday, April 6, 2015. Appellee requests that the Court grant a 30-day extension

of time by which to file her brief. Granting this motion would make the brief due

on May 6, 2015 .

II.

Appellee needs additional time because the Appellants’ Brief was filed while

appellate counsel, Lisa Bowlin Hobbs, was on vacation, cutting into her time to

respond. In addition, Ms. Hobbs has several other pre-existing deadlines:

 Handling post-judgment motions and briefing in Cause No. 7,637; Leon Oscar Ramirez, Jr., et al. v. ConocoPhillips Company, et al.; in the 49 th Judicial District Court of Zapata County, Texas;  Preparing Appellee’s Reply Brief in No. 03-14-00603-CV; In the Interest of R.H.M., a Child ; pending in this Court, due on April 20, 2015; and  Preparing for an expert witness deposition on April 15, 2015, in No. 2013- 61098; Scott D. Martin and SKM Partnership, Ltd v. Andrews Kurth, LLP ; in 234th District Court of Harris County, Texas.

This extension is not sought for delay but to allow Ms. Hobbs the opportunity

to properly prepare the brief. This is Appellee’s first request for extension of time in

this case.

Appellants, through counsel, indicate that they are unopposed to the relief

sought in this motion.

P RAYER

Appellee Nancy Schaefer asks the Court to grant her a 30-day extension, making

her brief due on May 6, 2015. Appellee also prays for any and all further relief to which

she may be entitled.

Dated: March 25, 2015 Respectfully submitted,

By: /s/ Lisa Bowlin Hobbs Donald R. Taylor Lisa Bowlin Hobbs

State Bar No. 19688800 State Bar No. 24026905

dtaylor@taylordunham.com Lisa@KuhnHobbs.com

Of Counsel Stacey Reese Kurt Kuhn

State Bar No. 24056188 State Bar No. 24002433

stacey@reeselawpractice.com Kurt@KuhnHobbs.com AYLOR D UNHAM & R ODRIGUEZ LLP K UHN H OBBS PLLC

301 Congress Avenue, Suite 1050 3307 Northland Drive, Suite 310

Austin, Texas 78701 Austin, Texas 78731

(512) 473-2257 (512) 476-6003

(512) 478-4409 (fax) (512) 476-6002 (fax)

Howard F. Carter, Jr., State Bar No. 03916500 sam@scarterlawfirm.com OWARD F. ARTER , J R ., P.C. 5600 Tennyson Parkway, Suite 160 Plano, Texas 75024 (972) 455-2001 (972) 455-2015 (fax) *4 C ERTIFICATE OF C ONFERENCE Pursuant to Texas Rule of Appellate Procedure 10.1, I certify that, on March 25,

2015, I conferred with Douglas R. Drucker, counsel for Appellants, regarding this

motion. Mr. Drucker indicated that he is unopposed to the relief requested.

/s/ Lisa Bowlin Hobbs Lisa Bowlin Hobbs ERTIFICATE OF S ERVICE I hereby certify that, on March 25, 2015, and in compliance with the Texas Rules

of Appellate Procedure, a true and correct copy of this motion has been served as

follows:

Douglas R. Drucker via e-Service

Kirby D. Hopkins

D RUCKER | H OPKINS LLP

21 Watery Avenue, Suite 300

The Woodlands, TX 77380

Counsel for Appellants

Eric J. Taube via e-Service OHMANN , AUBE & S UMMERS LLP

100 Congress Avenue, 18th Floor

Austin, Texas 78701

Counsel for Axiom entities and

Jeff Compton

/s/ Lisa Bowlin Hobbs Lisa Bowlin Hobbs