ACCEPTED
04-14-00569-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
3/6/2015 2:50:02 PM
KEITH HOTTLE
CLERK
NO. 04-14-00569-CV
FILED IN
4th COURT OF APPEALS
IN THE FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS
SAN ANTONIO, TEXAS 3/6/2015 2:50:02 PM
KEITH E. HOTTLE
Clerk
BURTON KAHN,
Appellant,
v.
HELVETIA ASSET RECOVERY, INC.
Appellee.
ON APPEAL FROM THE 37TH JUDICIAL DISTRICT COURT
BEXAR COUNTY, TEXAS
TRIAL COURT NO. 2013-CI-18355
Honorable Michael Mery, Presiding Judge
UNOPPOSED FIRST MOTION TO EXTEND TIME TO
FILE APPELLEE’S RESPONSE TO APPELLANT’S BRIEF
TO THE HONORABLE COURT OF APPEALS:
Appellee Helvetia Asset Recovery, Inc. files this unopposed first motion for
extension under Texas Rule of Appellate Procedure 10.5(b) and respectfully
requests a 7-day extension of time, until March 16, 2014, to file its response to
appellant’s brief.
I.
This is Appellant Burton Kahn’s (“Appellant” or “Kahn”) appeal from the
June 11, 2014 final judgment entered in Cause No. 2013-CI-18355, Helvetia Asset
Recovery, Inc. v. Burton Kahn, et al., 37th Judicial District, Bexar County, Texas.
Appellant filed his brief on February 5, 2015. Appellee’s brief is currently
due on March 9, 2015 (the Monday following thirty days after February 5, 2015 –
Saturday, March 7). This is Appellee’s first request for an extension of time with
regard to responding to the Appellant’s brief.
II.
Counsel for Appellee has been substantially involved in the following
matters, among others, that necessitate the filing of this motion:
1. This present appeal. Counsel has found it difficult to locate
Appellant’s citations to the reporter’s record and the clerk’s record,
and in understanding the nature of several of the Appellant’s appeal
points.
2. In re Burton M. Kahn, Civil Action No. 5:14-CV-1109-HLH, in the
United States District Court for the Western District of Texas, San
Antonio Division. Kahn appealed an October 17, 2014 order entered
by the United States Bankruptcy Court approving the Chapter 7
Trustee’s request to sell to Helvetia the debtor’s (Kahn) non-exempt
assets, claims and causes of action. Helvetia is the appellee in that
appeal, and filed its appellee’s brief on February 24, 2015 (Pacer Dkt.
No. 14). Appellee also filed a motion requesting allowance to file
additional pages for its brief. The underlying bankruptcy action is In
re: Burton M. Kahn, Debtor, Case No. 14-50980, United States
Bankruptcy Court for the Western District of Texas, San Antonio
Division.
-2-
3. Civil Action No. SA-09-CA-00905-RP; Unincorporated Non-Profit
Association of Concerned Eastside Citizens and Property Owners v.
The City of San Antonio and Crosspoint, Inc.; in the United States
District Court for the Western District of Texas, San Antonio
Division. Counsel was involved in preparing and filing Intervenor
Crosspoint, Inc.’s Reply to Plaintiff’s Response to Advisory
Regarding Status on February 27, 2015.
4. Civil Action No. 5:14-CV-01111-DAE; Southeast Medpro LLC, vs.
VHS San Antonio Partners, LLC; in the United States District Court
for the Western District of Texas, San Antonio Division. Counsel was
involved in preparing and filing a Motion to Dismiss First Amended
Complaint on February 12, 2015.
5. Update of publication on subject of Contorts. Counsel has been
involved in substantial updates of a publication on Contorts that is due
in the middle of March.
Accordingly, Appellee requests a 7-day extension, or until March 16, 2015,
in which to file its brief. This motion is not filed for the purpose of delay.
PRAYER
For these reasons, appellee Helvetia Asset Recovery, Inc. respectfully
requests that the Court grant this request and extend the time for filing its brief to
March 16, 2015.
Respectfully submitted,
HAYNES AND BOONE, LLP
/s/ Lisa S. Barkley
Werner A. Powers
State Bar No. 16218800
2323 Victory Avenue, Suite 700
Dallas, Texas 75219
Telephone: (214) 651-5000
-3-
Facsimile: (214) 651-5940
werner.powers@haynesboone.com
Lisa S. Barkley
State Bar No. 17851450
112 E. Pecan, Suite 1200
San Antonio, Texas 78205
Telephone: (210) 978-7427
Facsimile: (210) 554-0427
lisa.barkley@haynesboone.com
ATTORNEYS FOR APPELLEE
HELVETIA ASSET RECOVERY, INC.
-4-
CERTIFICATE OF CONFERENCE
In accordance with Rule 10.1(a)(5) of the Texas Rules of Appellate
Procedure, I certify that I conferred with Mr. Burton Kahn concerning this request
for extension of time. Mr. Kahn does not oppose the relief requested.
/s/ Lisa S. Barkley
Lisa S. Barkley
-5-
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the Unopposed First Motion
To Extend Time To File Appellee’s Response To Appellant’s Brief has been served
on the following, in accordance with the Texas Rules of Appellate Procedure, on
this 6th day of March, 2015:
Burton Kahn, pro se Via Email
1706 Alpine Circle
San Antonio, Texas 78248
glentrail@yahoo.com
/s/ Lisa S. Barkley
Lisa S. Barkley
15058107.1 -6-