Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 5/18/2015 10:05:59 AM JEFFREY D. KYLE Clerk Case No. 03-15-00020-CV THIRD COURT OF APPEALS 5/18/2015 10:05:59 AM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00020-CV *1 ACCEPTED [5315960] CLERK IN THE COURT OF APPEALS FOR THE THIRD DISTRICT OF TEXAS AUSTIN, TEXAS
JAMES V. LONG,
Appellant ,
v. SOUTHWEST FUNDING, LP, ET AL., Appellees.
Appealed from the 126th Judicial District Court of Travis County, Texas
Cause No. D-1-GTN-10-003483 APPELLEES’ UNOPPOSED JOINT MOTION FOR EXTENSION OF TIME TO FILE BRIEFS
T O T HE H ONORABLE T HIRD C OURT OF A PPEALS :
Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d), Appellees, Southwest Funding, L.P., IndyMac Mortgage Services, OneWest Bank,
FSB, and Deutsche Bank National Trust Company (“Appellees”) file this
unopposed joint motion for extension of time to file Appellees’ briefs, and in
support show as follows:
1. This is an appeal from the Trial Court’s order granting traditional and no-evidence summary judgment for Appellees on Appellant’s claims against them
and on Deutsche Bank’s counterclaim against Appellant.
2. Appellant filed his Notice of Appeal on or about January 6, 2015. 3. Appellant’s brief was originally due on March 20, 2015, and after
receiving an unopposed thirty day extension of time, Appellant filed his brief on
April 20, 2015.
4. Appellees’ briefs are currently due on May 21, 2015. Appellees seek
an extension of time until June 22, 2015, within which to file and serve their briefs
and record excerpts.
5. The requested extension is not sought for purposes of delay only, but so that justice may be served in this action. Specifically, Appellees’ respective
counsel requests an extension of time to file their briefs due to the fact that the
undersigned counsel has overlapping deadlines that has prevented their full
attention to this case by the current response deadline.
6. As a result, Appellees’ respective counsel will not have sufficient time
to complete preparation of Appellees’ briefs by May 21, 2015. Accordingly,
Appellees request an extension of time of until June 22, 2015, to file their briefs in
order that Appellees will have an adequate time to prepare their briefs.
7. This is Appellees first request for an extension of time to file their briefs. No further requests for extension of time are anticipated.
Prayer Appellees, Southwest Funding, L.P., IndyMac Mortgage Services, OneWest Bank, FSB, and Deutsche Bank National Trust Company, respectfully request that
the Court grant an extension of time until June 22, 2015, within which Appellees
must file and serve their respective briefs and record excerpts in this appeal.
Respectfully Submitted, Respectfully Submitted,
/s/ Bradley E. McLain /s/ Brian P. Casey
J. Garth Fennegan Brian P. Casey
Texas Bar I.D. 24004642 State Bar No. 00793476
gfennegan@settlepou.com Casey Law Group
Daniel P. Tobin 6836 Bee Caves Rd.
Texas Bar I.D. 24046978 Building 3, Suite 303
dtobin@settlepou.com Austin, Texas 78746
Lauren E. Hayes (512) 617-6409
Texas Bar I.D. 24081961 (888) 530-9616 (fax)
lhayes@settlepou.com bcasey@caseylawtex.com
Bradley E. McLain
Texas Bar No. 24041453 ATTORNEY FOR APPELLEE,
bmclain@settlepou.com SOUTHWEST FUNDING, LP
S ETTLE P OU
3333 Lee Parkway, Eighth Floor
Dallas, Texas 75219
(214) 520-3300
(214) 526-4145 (Facsimile)
ATTORNEYS FOR APPELLEES, INDY
MAC MORTGAGE SERVICES, ONEWEST
BANK, FSB AND DEUTSCHE BANK
NATIONAL TRUST CO.
Certificate of Conference I hereby certify that on May 14, 2015, I conferred with counsel for Appellant on the substance of this motion, and counsel for Appellant stated he is unopposed
to the motion.
/s/ Lauren E. Hayes Lauren E. Hayes Certificate of Service
I certify that this document was served in accordance with the Appellate Rules of Civil Procedure on May 18, 2015, by the manner indicated upon the
following persons:
Via Electronic Service Via Electronic Service
James D. Pierce Brian P. Casey
1 Sugar Creek Center 1080 Casey Law Group
Sugar Land, Texas 77478 6836 Bee Caves Rd.
Building 3, Suite 303 Attorney for Appellant Austin, Texas 78746
Attorney for Appellee, Southwest Funding L.P.
/s/ Bradley E. McLain Bradley E. McLain DMS-#700462-v1-Appellees_Motion_for_Extension_of_Time.docx