ACCEPTED
05-14-00855-CV
FIFTH COURT OF APPEALS
DALLAS, TEXAS
1/15/2015 2:21:39 PM
LISA MATZ
CLERK
No. 05-14-00855-CV
FILED IN
In the Court of Appeals 5th COURT OF APPEALS
DALLAS, TEXAS
for the Fifth Judicial District of Texas 1/15/2015 2:21:39 PM
LISA MATZ
at Dallas Clerk
Deutsche Bank National Trust Company, as Trustee,
in Trust for the Registered Holders of Morgan Stanley ABS Capital I Trust
2006-NC5, Mortgage Pass-Through Certificates, Series 2006 NC5,
Appellant,
v.
Kingman Holdings, LLC, as Trustee for the Mahogany 1587 Land Trust,
Appellee.
Appeal from 429th Judicial District Court
Collin County, Texas
Hon. Jill Willis, Presiding Judge
Hon. Keith Dean, Visiting Judge
UNOPPOSED SECOND MOTION TO EXTEND TIME
TO FILE APPELLANT’S REPLY BRIEF
TO THE HONORABLE COURT OF APPEALS:
Appellant Deutsche Bank National Trust Company, as Trustee, in Trust for
the Registered Holders of Morgan Stanley ABS Capital I Trust 2006-NC5,
Mortgage Pass-Through Certificates, Series 2006 NC5, respectfully moves the
Court to extend the time for filing its Reply Brief by 11 days, to and including
February 2, 2015. Appellee does not oppose the requested extension.
1. This is a restricted appeal from a default judgment. After obtaining
one 30-day extension, Appellant filed its opening brief on October 17, 2014. After
obtaining one 30-day extension, Appellee tendered its brief, which was accepted
by the Court and filed as of December 19, 2014.
2. Appellant sought and obtained a 14-day extension of time to file its
Reply Brief, which currently is due January 22, 2015.
3. Appellant seeks an additional 11-day extension of time to file its reply
brief, moving the deadline to and including February 2, 2015.
4. In support of the requested extension, Appellant would show that
Kirsten Castañeda, who has primary responsibility for drafting the Reply Brief,
was ill and out of the office from January 1 through January 7, 2015. In addition,
Ms. Castañeda has had the following work commitments during the briefing
period, which interfered with preparing the Reply Brief by the current deadline:
01/15/15 No. 14-6202; State of Oklahoma, et al. v. Staffing Concepts
International, Inc.; in the United States Court of Appeals for
the Tenth Circuit—Amicus Brief; and
01/16/15 No. 14-1048; Methodist Healthcare System of San Antonio,
Ltd., et al. v. Emily Belden; in the Supreme Court of Texas—
Petition for Review.
5. This case has not yet been set for submission.
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6. Appellant previously sought and obtained a 14-day extension of its
deadline to file its Reply Brief. Appellant seeks this extension not solely for
delay, but so that justice may be done.
7. As reflected in the Certificate of Conference below, Appellee does not
oppose the requested extension.
PRAYER
WHEREFORE, Appellant prays that the Court grant this Unopposed Second
Motion and extend the deadline for filing Appellant’s Reply Brief in this matter by
11 days, to and including February 2, 2015. Appellant also prays for such other
and further relief to which it may be entitled in law or in equity.
Respectfully submitted,
LOCKE LORD LLP
/s/ Kirsten M. Castañeda
Kirsten M. Castañeda
State Bar No. 00792401
kcastaneda@lockelord.com
Thomas G. Yoxall
State Bar No. 00785304
tyoxall@lockelord.com
Elizabeth K. Duffy
State Bar No. 24050535
eduffy@lockelord.com
2200 Ross Ave., Suite 2200
Dallas, Texas 75201-6776
Telephone: 214-740-8000
Facsimile: 214-740-8800
Attorneys for Appellant
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CERTIFICATE OF CONFERENCE
I hereby certify that, on January 15, 2015, I conferred with Mr. Kenneth
Harter, counsel for Appellee, regarding the extension requested in this motion, and
Mr. Harter communicated to me that Appellee does not oppose the requested
extension.
/s/ Kirsten M. Castañeda
Counsel for Appellant
CERTIFICATE OF SERVICE
I hereby certify that on January 15, 2015, a true and correct copy of this
Unopposed Second Motion is served by e-service through efile.txcourts.gov on
Appellee through her counsel of record listed below:
Kenneth S. Harter
ken@kenharter.com
Law Offices of Kenneth S. Harter
1620 E. Beltline Road
Carrollton, Texas 75006
Counsel for Appellee
/s/ Kirsten M. Castañeda
Counsel for Appellant
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