ACCEPTED
04-15-00342-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
10/28/2015 4:53:01 PM
KEITH HOTTLE
CLERK
No. 04-15-00342-CV
FILED IN
IN THE COURT OF APPEALS 4th COURT OF APPEALS
SAN ANTONIO, TEXAS
FOURTH JUDICIAL DISTRICT 10/28/2015 4:53:01 PM
SAN ANTONIO, TEXAS KEITH E. HOTTLE
Clerk
VILLA DIJON CONDOMINIUM ASSOCIATION, INC. AND
IMPLICITY MANAGEMENT COMPANY
Appellants
v.
MARY WINTERS AND MILA CHEATOM
Appellees
APPELLANTS' FIRST UNOPPOSED MOTION FOR EXTENSION
OF TIME TO FILE APPELLANTS' BRIEF
TO THE HONORABLE JUSTICES OF THE FOURTH COURT OF APPEALS:
Appellants, Villa Dijon Condominium Association, Inc. (hereafter "Villa
Dijon") and Implicity Management Company (hereafter "Implicity"), file this
motion to extend the time for Appellants to file their Appellants' brief pursuant to
Rule 10.S(b) of the Texas Rules of Appellate Procedure. In support of this motion,
Appellants will show this honorable court as follows:
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The Appellants' brief in this appeal is currently due on October 31, 2015, a
Saturday, thereby making the actual deadline the following Monday, November 2,
2015. By this motion, Appellants seek an extension of time of 8 days or until
November 10, 2015 to file their appellant's brief. This is Appellants' first request
for an extension of time to file its Appellants' brief in this cause and Appellees do
not oppose this extension.
Appellants' counsel, Robert W. Loree, has a very active and busy multi-state
trial docket in both Texas and Colorado. Currently, in Colorado, Mr. Loree is
preparing for a November 16, 2015 trial in Case No. 14-cv-00200-CMA-KMT;
Avalon Condominium Association Inc. v. Secura Insurance, A Mutual Company; In
the United States District Court for the District of Colorado. This preparation
includes many upcoming pre-trial deadlines, including responding to Defendant's
motion in limine, responding to Defendant's proposed jury charge, responding to
Defendant's proposed jury charge, drafting voir dire questions, and filing
Plaintiffs final witness and exhibit lists, all of which are due on November 2,
2015-the date the brief in this cause is currently due. Further in the Avalon case,
Appellant's counsel also has two replies in support of motions to strike due on the
same day.
Mr. Loree is also retained as Plaintiffs Counsel on Civil Action No. 1:14-
CV-03226-WYD; Manchester Place HOA, Inc. v. Owners v. Owners Insurance
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Company; In the United States District Court of Colorado. Until earlier this month,
the discovery deadline in that case was October 19, 2015. The parties had also
scheduled four depositions to be taken from October 19-22, 2015. Due to
emergency circumstances, in a telephonic hearing on October 13, 2015, the
discovery deadline was extended until the dispositive motion deadline in that case,
November 19, 2015, and the previously scheduled depositions were stayed. The
four depositions must now be re-scheduled before November 19, 2015.
Mr. Loree also has another case, Cause No. 1:15-cv-00386-KLM; Northgate
Village, LLC v. Hartford Casualty Insurance Company; In the United States
District Court for the District of Colorado, in which depositions were scheduled for
October 19-23, 2015, but had to be rescheduled. The discovery deadline in that
case is November 20, 2015.
Finally, in the trial court in this cause, two hearings are currently set for
November 3, 2015-the day after the brief is due-on Defendants' Motion to
Suspend the Enforcement of Plaintiffs' Default Judgment During the Pendency of
Defendants' Appeal, or Alternatively, Greatly Decrease Amount of Security from
Defendants and Defendants' Agreed Motion for Extension of Time to Respond to
Plaintiffs' Post-Judgment Discovery.
Due to these commitments in Colorado and his heavy work load in Texas,
Mr. Loree has not had sufficient time to prepare Appellants' brief in this cause.
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Appellants therefore request a short extension of time, eight (8) days until
November 10, 2015 to file their brief. Again, this is Appellants' first request for an
extension of time.
WHEREFORE, PREMISES CONSIDERED, Appellants request that the
court grant it an extension of time to file their Appellants' brief for 8 days or until
November 10, 2015 and award Appellants such other relief as may be proper.
Respectfully submitted,
Loree & Lipscomb,
777 E. Sonterra Blvd., Suite 320
San Antonio, Texas 78258
Telephone: (210) 404-1320
Facsimile: (210) 404-1310
Robert W. Lo e
State Bar No. 579200
Email: rob@lhllawfirm.com
Attorney for Appellants
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VERIFICATION
STATE OF TEXAS §
§
COUNTY OF BEXAR §
BEFORE ME, the undersigned authority, on this day personally appeared
Robert W. Loree, who after being duly sworn, stated under oath that he has read
the above and foregoing motion and that the facts stated therein are within his
personal knowledge and are true and correct.
SWORN AND SUBSCRIBED TO BEFORE ME on October d'D, 2015.
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Notary Public, State of Texas
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CERTIFICATE OF CONFERENCE
On October 28, 2015, during a telephone conversation, Appellees' counsel's
office informed Appellants' counsel's associate that Appellees were not opposed to
this motion for an extension of time.
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CERTIFICATE OF SERVICE
I hereby certified that on October 28, 2015, Appellants served a true and
correct copy of this motion on counsel for Appellees, Jacob S. Leibowitz, 700
North St. Mary's Street, Suite 1750, San Antonio, Texas, by facsimile transmission
to (210) 225-2567.
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