Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 5/15/2015 10:58:12 AM JEFFREY D. KYLE Clerk No. 03-15-00011-CV THIRD COURT OF APPEALS 5/15/2015 10:58:12 AM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00011-CV *1 ACCEPTED [5299220] CLERK
In the
Third District Court of Appeals
Austin, Texas C LARE T REVARTHEN
Appellant
V .
N ATIONSTAR M ORTGAGE LLC; A UCTION . COM ; J EREMIAH M C C LAIN ;
P AMELA IRKIEL ; S HAMICA T HOMAS ; AND H ELEN G. K INNEMAN
Appellees. Trial Court Cause No. 14-0187-C26
In the 26 th Judicial District Court of Williamson County, Texas
Honorable Donna King, Presiding U NOPPOSED M OTION FOR E XTENSION OF
T IME TO F ILE PPELLEE ’ S B RIEF TO THE HONORABLE COURT OF APPEALS:
Appellee, Nationstar Mortgage LLC (“Nationstar”), respectfully moves to extend the
time for filing its brief by thirty days, to and including June 19, 2015, as follows:
1. This is an appeal from a Final Order Granting Defendant Nationstar Mortgage
LLC’s Traditional and No-Evidence Motion for Summary Judgment and Motion to Sever, which
the trial court signed on November 10, 2014. CR:729-30.
2. Appellant filed a notice of appeal on December 3, 2014. CR:731.
3. The clerk’s record and reporter’s record were filed on February 2, 2015.
4. Appellant’s brief was initially due on March 9, 2015. Appellant
subsequently filed two unopposed motions for extensions for a total of 42 days, which
were granted. Appellant filed her brief on April 20, 2015.
5. Nationstar’s brief is currently due by May 20, 2015. Nationstar seeks a
thirty-day extension of time to file its brief, to and including June 19, 2015.
6. In support of the requested extension, Nationstar would show that Daron L.
Janis, who has primary responsibility for drafting Nationstar’s brief, has had a number of
commitments during the initial briefing period, including a trial and two summary
judgment hearings, that have required his time and attention and made him unable to
prepare a brief by the current deadline. The other attorneys who are assisting Mr. Janis
with preparation of Nationstar’s brief have had similar commitments during the initial
briefing period.
7. This is Nationstar’s first request for an extension of time. As reflected in
the Certificate of Conference below, this request is unopposed.
PRAYER
WHEREFORE, Nationstar prays that the Court grant this motion and extend the
deadline for filing Appellee’s Brief in this matter by thirty days, to and including June 19,
2015. Nationstar also prays for such other and further relief to which it may be entitled in
law or in equity.
Respectfully submitted,
/s/ Daron L. Janis
B. David L. Foster
State Bar No. 24031555
dfoster@lockelord.com
John W. Ellis
State Bar No. 24078473
jellis@lockelord.com
LOCKE LORD LLP
600 Congress Avenue, Suite 2200
Austin, Texas 78701
(512) 305-4700
(512) 305-4800 – Facsimile
Thomas G. Yoxall
State Bar No. 00785304
tyoxall@lockelord.com
Daron L. Janis
State Bar No. 24060015
djanis@lockelord.com
LOCKE LORD LLP
2200 Ross Avenue, Suite 2200
Dallas, Texas 75201
(214) 740-8000
(214) 740-8800 – Facsimile OUNSEL FOR PPELLEE
N ATIONSTAR M ORTGAGE LLC
CERTIFICATE OF CONFERENCE
I certify that on May 15, 2015, I conferred with David Rogers, counsel for
Appellant, who advised that he does not oppose the foregoing motion.
/s/ Daron L. Janis
Daron L. Janis
CERTIFICATE OF SERVICE
I certify that on May 15, 2015, I am electronically filing this document
through the electronic filing service provider, efile.txcourts.gov (the “EFSP”).
Based on the EFSP’s records, the EFSP will transmit a Notification of Service to
the following individual(s):
David Rogers (Firm@DARogersLaw.com) OUNSEL FOR PPELLANT
/s/ Daron L. Janis
Daron L. Janis
.