Case Information

*0 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 11/23/2015 1:44:26 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED ACCEPTED 14-15-00550-CV 14-15-00550-CV FOURTEENTH COURT OF APPEALS FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS HOUSTON, TEXAS 11/23/2015 1:44:26 PM 11/23/2015 1:44:26 PM CHRISTOPHER PRINE CHRISTOPHER PRINE CLERK CLERK NO. 14-15-00550-CV ______________________________________ IN THE COURT OF APPEALS FOR THE FOURTEENTH JUDICIAL DISTRICT HOUSTON, TEXAS ______________________________________ JACK N. MCCRARY AND SUZANNE F. MCCRARY Appellants v.

WILLIAM A. HIGHTOWER, UBS FINANICAL SERVICES, INC., B. B.

TURLEY, BRIAN DAVIDSON AND PANORAMIC INVESTIGATIONS

Appellees . ______________________________________ On Appeal from the 152nd Judicial District Court of Harris County, Texas, Texas; Trial Court No. 2014-40928 ______________________________________ BRIAN DAVIDSON D/B/A PANORAMIC INVESTIGATIONS

AND UBS FINANCIAL SERVICES, INC.’S FIRST JOINT UNOPPOSED

MOTION TO EXTEND TIME TO FILE APPELLEES’ BRIEFS ______________________________________ TO THE HONORABLE FOURTEENTH COURT OF APPEALS:

Appellees Brian Davidson d/b/a Panoramic Investigations (“Panoramic”)

and UBS Financial Services, Inc. (“UBS”) file their first join unopposed motion to

extend the time to file their Appellees’ Briefs under Texas Rules of Appellate

Procedure 38.6(d) and 10.5(b).

The Clerk’s Record and Supplemental Clerk’s Record were filed on August

27, 2015, and October 20, 2015, respectively. The Reporter’s Record was filed on

October 2, 2015. The Appellants filed their Brief on October 30, 2015. The

Appellees’ Briefs are currently due on November 30, 2015. Panoramic and UBS

request an extension of time to up to and including January 8, 2016 (38 days), to

file their Briefs. Appellants are unopposed.

Panoramic’s counsel is unable to finalize and file Appellee’s brief by the

current deadline due to his involvement in the following matters:

Cause No. 15-10723; Timothy White v. Regional Adjustment Bureau, Inc.

d/b/a RAB, Inc. v. Marshall Meyers ; United States Court of Appeal for the

Fifth Circuit. Prepared and filed Appellant’s Brief, which was due on

November 9, 2015. Addition briefing is due by December 7, 2015, and the

case is set for oral argument on December 16, 2015.

Cause No. 2013-45172; Heather Tenini Kuentz, et al. v. The Cole Group,

Inc. et al .; 269th Judicial District Court of Harris County, Texas.

Preparation for initial November 9, 2015, trial setting, and ongoing

involvement in post-summary judgment submissions and hearings as case

transitions to appeal.

Cause No. 08-15-00113-CV; David Sims v. The City of Madisonville and the

Madisonville Police Department ; Eighth Judicial District Court of Appeals.

Preparation of motion for reconsideration of motion to dismiss for want of

jurisdiction to be filed the week of November 23, 2015.

Cause No. No. 1:15-CV-00338 JB/CG; Grasshopper Natural Medicine,

LLC, et al. v. Hartford Casualty Insurance Company ; United States District

Court for the District of New Mexico. Preparation of written discovery

responses and written discovery requests served November 20, 2015.

UBS’s counsel is unable to finalize and file Appellee’s brief by the current

deadline due to his involvement in the following matters:

Virtus Capital L.P. v. Eastman Chemical Company, et al . C.A. No. 9808-

VCL in the Chancery Court for the State of Delaware. Defendants’ reply in

support of motion to compel and opposition to Plaintiff’s motion to compel

due November 30, 2015, oral hearing in Delaware on December 2, 2015,

and opposition to motion for class certification due December 18, 2015;

Merrill Lynch, Pierce, Fenner & Smith Inc. v. Roman Reed and Victor

Barrionuevo , FINRA Arbitration Case No. 15-00553, document productions

due December 1, 2015 and motions to compel due December 23, 2015.

This motion is not sought for the purpose of delay, but to ensure the Court

has adequate and sufficient briefing to aid in its decision-making process.

For these reasons, Appellees Panoramic and UBS respectfully request the

Court to extend Appellees’ deadline to file their Briefs by 38 days, rendering

Appellee’s brief due on or before January 8, 2016. Appellees further request

general relief to which it may be justly entitled.

Respectfully submitted, C HAMBERLAIN , H RDLICKA , W HITE , W ILLIAMS & A UGHTRY By:

Steven J. Knight State Bar No. 24012975 steven.knight@chamberlainlaw.com 1200 Smith, Suite 1400 Houston, Texas 77002 Telephone: (713) 658-1818 Facsimile: (713) 658-2558 *4 C OUNSEL FOR B RIAN D AVIDSON D / B / A P ANORAMIC I NVESTIGATIONS And P RATT & F LACK , LLP By: /S/ Paul D. Flack Paul D. Flack State Bar No. 00786930 pflack@prattflack.com 4306 Yoakum Blvd., Suite 500 Houston, Texas 77006 Telephone: (713) 705-3087 Facsimile: (888) 819-2258 C OUNSEL FOR UBS F INANCIAL S ERVICES , I NC .

CERTIFICATE OF SERVICE A true and correct copy of the foregoing has been forwarded to all counsel

of record on November 23, 2015, in the manner indicated below:

Counsel for Jack McCrary and Suzanne McCrary:

Arnold Vickery (andy@justiceseekers.com)

Fred Shepherd (fred@justiceseekers.com)

Counsel for William Hightower:

Andrew Harvin (aharvin@drhrlaw.com)

Peter Wells (pwells@drhrlaw.com)

Steven J. Knight *5 CERTIFICATE OF CONFERENCE I conferred with Appellants’ counsel Fred Shepherd concerning the relief

requested herein, and Mr. Shepherd stated Appellants were unopposed.

Steven J. Knight 2028933.1

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