Gramercy Advisor LLC, Gramercy Asset Management LLC, Gramercy Local Markets Recovery Fund LLC and Gramercy Financial Services LLC v. R. K. Lowery, Jr. L-Falling Creek LLC, Russell A. Chabaud, R-Rac Wimbledon, LLC, John P. Moffitt, J-Jason LLC, Russell A. Chabaud, Trustee of the Russell G. Chabaud 1999 Investment Trust, R- Russell Wimbledon, LLC

ACCEPTED
01-14-00904-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
1/15/2015 12:27:30 PM
CHRISTOPHER PRINE
CLERK

CASE NO. Ol-14-00904-CV

IN THE COURT OF APPEALS FILED IN
1st COURT OF APPEALS
FOR THE FIRST DISTRICT OF TEXAS HOUSTON, TEXAS
1/15/2015 12:27:30 PM
CHRISTOPHER A. PRINE
Clerk
GRAMERCY ADVISORS LLC, GRAMERCY ASSET MANAGEMENT, LLC,
GRAMERCY LOCAL MARKETS RECOVERY FUND LLC and GRAMERCY
FINANCIAL SERVICES, LLC

Appellants
v.

R.K. LOWRY, JR., L-F ALLING CREEK LLC, RUSSELL A. CHABAUD, R-
RAC WIMBLEDON, LLC, JOHN P. MOFFITT, J-JASON LLC, RUSSELL A.
CHABAUD, TRUSTEE OF THE RUSSELL G. CHABAUD 1999
INVESTMENT TRUST, R-ASHLEY WIMBLEDON, LLC, RUSSELL A.
CHABAUD, TRUSTEE OF THE AUDRY CHABAUD 1999 INVESTMENT
TRUST, R-AUDREY WIMBLEDON, LLC, LMC RECOVERY FUND, LLC,
UNION GAS FUNDING I, L.P., RANA HOLDINGS, LLC, WESTY I LLC, AND
MOGI, LLC,

Appellees.

Appeal From The District Court of Harris County
80th District Court
Trial Cause No. 2008-74262

SECOND UNOPPOSED MOTION TO EXTEND TIME TO FILE
APPELLANTS' BRIEF BY APPELLANTS GRAMERCY ADVISORS LLC,
GRAMERCY ASSET MANAGEMENT, LLC, GRAMERCY LOCAL
MARKETS RECOVERY FUND LLC and GRAMERCY FINANCIAL
SERVICES, LLC

MHDocs 5901773_1 \0862.1
TO THE HONORABLE FIRST COURT OF APPEALS:

Pursuant to Texas Rules of Appellate Procedure 38.6(d) and 10.5(b),

Appellants Gramercy Advisors LLC, Gramercy Asset Management, LLC,

Gramercy Local Markets Recovery Fund LLC and Gramercy Financial Services,

LLC (collectively, "Gramercy") submit this unopposed motion to extend the time

for filing their appellate brief in this matter.

1. The deadline for Gramercy to file its brief is currently January 21,

2015.

2. Gramercy respectfully requests a 12-day extension of time, until

February 2,2015, to file its appellate brief.

3. Gramercy requests this second extension because the parties have not

yet been able to obtain a copy of the Clerk's Record or the Reporter's Record

(collectively, the "Record"). The Record was filed in this Court under seal

pursuant to the so" District Court's Sealing Order dated June 20, 2014.

Gramercy's request for a copy of the Record was denied because no Order or other

similar instrument authorizes release of the Record to any of the parties. The

parties need a copy of the Record so they can properly prepare citations in their

respective appellate briefs. To obtain a copy, the parties have filed an agreed

request on January 15, 2015, in the so" District Court for entry of an order

granting the parties access to these documents. Once that order is signed, the

2

MHDocs 5901773_1 10862.1
parties will then file an agreed request with the Harris County District Clerk asking

him to supplement the Record with the order authorizing the parties to obtain a

copy of the Record. A second extension of time is necessary to ensure this

process's timely completion and so Gramercy may properly prepare its citations.

4. Gramercy has requested only one time extension in this matter, which

this Court granted. This extension is not sought for the purpose of delay, but so

that Gramercy can thoroughly brief the issues before the Court.

5. Appellees' counsel does not object to the relief sought herein.

FOR THE FOREGOING REASONS, Gramercy respectfully requests that

this Court grant a 12-day extension of time, extending Gramercy's deadline until

February 2, 2015, or, alternatively, grant such other and further relief as it shall

deem just and proper.

Respectfully submitted,

By: David C. Mattka

3

MHDocs 5901773_1 10862.1
David C. Mattka (TSB No. 13231500)
MUNSCH HARDT KOPF & HARR, P.C.
401 Congress Avenue, Suite 3050
Austin, Texas 78701
(512) 391-6100 (telephone)
(512) 391-6149 (facsimile)
E-mail: dmattka@munsch.com

Daniel M. Hibshoosh (pro hac vice, pending)
O'SHEA PARTNERS LLP
521 Fifth Avenue
25th Floor
New York, New York 10175
Tel: (212) 682-4426
Fax: (212) 682-4437
E-mail: dhibshoosh@osheapartners.com

4

MHDocs 5901773_1 \0862.1
 CERTIFICATE OF CONFERENCE

I certify that I conferred via e-mail correspondence with W. Ralph Canada,
Jr., lead counsel for Appellees, on January 14th and 15th of 2015 and that
Appellees do not oppose this Second Unopposed Motion to Extend Time to File
Appellants' Brief.

CERTIFICATE OF SERVICE

As required by Texas rule of Appellate Procedure 6.3 and 9.5, I hereby
certify that on January 15, 2015, I served this document via e-filing and e-mail on
the following:

W. Ralph Canada, Jr.
ralphc@lfdlaw.com
David R. Deary
davidd@lfdlaw.com
Wilson Wray
wilsonw@lfdlaw.com
Tyler Simpson
tylers@lfdlaw.com
Loewinsohn Flegel Deary, LLP
12377 Merit Drive, Suite 900
Dallas, Texas 75251
Attorneys for Appellees

"'.
David
A--c-------
C. Mattka

5

MHDocs 5901773_1 10862.1