ACCEPTED
12-14-00254-CV
TWELFTH COURT OF APPEALS
TYLER, TEXAS
1/19/2015 8:58:45 AM
CATHY LUSK
CLERK
No. 12-14-00254-CV
FILED IN
12th COURT OF APPEALS
COURT OF APPEALS FOR THE TWELFTH TYLER, TEXAS
DISTRICT
1/19/2015 8:58:45 AM
TYLER, TEXAS
CATHY S. LUSK
Clerk
NEURODIAGNOSTIC TEX, L.L.C.
Appellant,
v.
ROBERT JOSH PIERCE and SYNERGY IOM, LLC
Appellees.
On Appeal from the 7th District Court, Smith County, Texas,
Cause No. 13-3357-A
Honorable Kerry L. Russell, Presiding.
APPELLEES’ MOTION FOR EXTENSION
OF TIME TO FILE APPELLEES’ BRIEFS
TO THE HONORABLE COURT:
COMES NOW, Appellees Robert Josh Pierce and Synergy IOM, LLC
(together “Appellees”) and respectfully request the Court for a 45-day extension of
time for Appellees to file their respective briefs. In support hereof, Appellees
would respectfully show the following:
APPELLEES’ MOTION FOR EXTENSION OF TIME Page 1
TO FILE BRIEFS #162279
I. INTRODUCTION
1. Appellant is Neurodiagnostic Tex. LLC. Appellees have conferred with
Appellant regarding this motion.
2. This Motion is not subject to the 10-day waiting period for determination of
motions because all parties agree to the request. TEX. R. APP. P. 10.3.
II. ARGUMENT & AUTHORITIES
3. This Court may grant an extension of time for the filing of Appellees’ briefs.
TEX. R. APP. P. 10.5.
4. The present deadline for the filing of Appellees’ briefs is January 23, 2015,
which is thirty days after Appellant’s brief was filed.
5. Appellees request a 45-day extension to file their respective briefs; thus,
extending the deadline for the filing of Appellees’ briefs until Monday,
March 9, 2015.
6. Appellees request an extension of time based on conflicts with other
deadlines. In particular, Appellees’ counsel have conflicts with other
matters, including but not limited to: (i) a February 2, 2015 trial setting in
Cause Number 141-2710178-14 pending in the 141st District Court of
Tarrant County; and (ii) deadlines for filing dispositive motions in Cause
Number 4:13-cv-00723-A pending in the Northern District of Texas, Fort
Worth Division.
APPELLEES’ MOTION FOR EXTENSION OF TIME Page 2
TO FILE BRIEFS #162279
7. This is Appellees first request for an extension of time to file their respective
briefs.
III. PRAYER
WHEREFORE PREMISES CONSIDERED, Appellees Robert Josh Pierce
and Synergy IOM, LLC respectfully request the Court to grant each of them an
extension of time to file their respective Appellee’s briefs until Monday, March 9,
2015.
Respectfully submitted,
/s/Brent Shellhorse
Brent Shellhorse
State Bar No. 24008022
bshellhorse@whitakerchalk.com
Hunter McLean
State Bar No. 00788026
WHITAKER CHALK SWINDLE &
SCHWARTZ PLLC
301 Commerce Street, Suite 3500
Fort Worth, Texas 76102
Telephone: (817) 878-0500
Telecopier: (817) 878-0501
ATTORNEYS FOR DEFENDANT
SYNERGY IOM, LLC
APPELLEES’ MOTION FOR EXTENSION OF TIME Page 3
TO FILE BRIEFS #162279
CERTIFICATE OF CONFERENCE
On January 14, 2015, I spoke with Debra Crafton, counsel for Appellant,
regarding the merits of this motion. Ms. Crafton agrees to Appellees’ request of
time as set forth in this motion.
/s/ Brent Shellhorse
Brent Shellhorse
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the above
and foregoing document has been served upon counsel of record via electronic
filing and/or electronic mail on January 19, 2015.
/s/ Brent Shellhorse
Brent Shellhorse
APPELLEES’ MOTION FOR EXTENSION OF TIME Page 4
TO FILE BRIEFS #162279