ACCEPTED
05-14-01215-CV
FIFTH COURT OF APPEALS
DALLAS, TEXAS
4/22/2015 3:45:23 PM
LISA MATZ
CLERK
NO. 05-14-01215-CV
FILED IN
IN THE COURT OF APPEALS 5th COURT OF APPEALS
FOR THE FIFTH DISTRICT OF TEXAS DALLAS, TEXAS
AT DALLAS 4/22/2015 3:45:23 PM
LISA MATZ
Clerk
PATRICK DAUGHERTY AND HIGHLAND EMPLOYEE RETENTION ASSETS LLC,
Appellants/Cross-Appellees,
v.
HIGHLAND CAPITAL MANAGEMENT, L.P.,
Appellee/Cross-Appellant,
v.
SIERRA VERDE, LLC; PATRICK BOYCE; WILLIAM L. BRITAIN; AND JAMES DONDERO,
Appellees.
On Appeal from the 68th Judicial District Court
of Dallas County, Texas
Cause No. 12-04005
UNOPPOSED SECOND JOINT MOTION FOR EXTENSION OF TIME TO FILE
BRIEFS OF APPELLANTS PATRICK DAUGHERTY AND
HIGHLAND EMPLOYEE RETENTION ASSETS LLC
John F. Guild Charles T. Frazier, Jr.
State Bar No. 24041022 State Bar No. 07403100
jguild@ghjhlaw.com cfrazier@adjtlaw.com
GRUBER HURST JOHANSEN ALEXANDER DUBOSE JEFFERSON &
HAIL SHANK TOWNSEND LLP
1445 Ross Ave., Ste. 2500 4925 Greenville Avenue, Suite 510
Dallas, Texas 75202 Dallas, Texas 75206
Telephone: 214-855-6800 Telephone: (214) 369-2358
Telecopier: 214-855-6808 Telecopier: (214) 369-2359
Counsel for Appellant/Cross-Appellee Counsel for Appellant/
Highland Employee Retention Assets LLC Cross-Appellee Patrick Daugherty
TO THE HONORABLE COURT OF APPEALS:
Appellants/Cross-Appellees Patrick Daugherty (“Daugherty”) and Highland
Employee Retention Assets LLC (“HERA”) (collectively, “Appellants”) file this
second joint motion for extension of time to file their briefs of appellant.
1. The present deadline for Appellants’ opening briefs is April 29, 2015.
2. Appellants seek an extension of 21 days, until May 20, 2015, in which
to file their briefs of appellant, and that the time period for the remaining briefs for
all parties—as set out in the Court’s March 3, 2015 Order—be likewise extended
by 21 days.
3. This is Appellants’ second request for an extension of time for these
briefs.
4. This motion is unopposed.
5. Appellants request an extension because the undersigned counsel have
a number of other matters that have interfered with their ability to prepare these
briefs by the current due date, as follows:
GRUBER HURST JOHANSON HAIL SHANK
• preparation of appellant’s brief in Benjamin Thomas v. Graham
Mortgage Corporation, No. 15-50011; in the United States Court of
Appeals for the Fifth Circuit;
UNOPPOSED SECOND JOINT MOTION FOR EXTENSION OF TIME TO FILE BRIEFS OF
APPELLANTS PATRICK DAUGHERTY AND HIGHLAND EMPLOYEE RETENTION ASSETS LLC Page 1
• preparation of appellant’s brief in Breggett Rideau v. Keller Independent
School District; No. 15-10095; in the United States Court of Appeals for
the Fifth Circuit;
• preparation of the reply in support of motion for summary judgment and
replies in support of multiple motions to exclude expert testimony in In
re Mirant, No. 4:06-cv-013-Y, in the United States District Court for the
Northern District of Texas;
• preparation for and argue motion for summary judgment in Latigo
Petroleum, Inc. v. Nabors, No 13,552, in the 84th District Court of
Ochiltree County, Texas; and
• preparation for and participation in jury trial in Michael J. Savattere v.
Donna Savattere Younis, Cause No. 13-10328; in the 162nd Judicial
District Court of Dallas County, Texas.
ALEXANDER DUBOSE JEFFERSON & TOWNSEND LLP
• preparation for oral argument in Cox Operating, L.L.C. v. St. Paul
Surplus Lines Ins. Co., No. 13-20529, in the United States Court of
Appeals for the Fifth Circuit;
• preparation of settlement documents in Eagle Oil & Gas Company, et al.
v. Travelers Property Casualty Co. of Am., No. 15-10012, in the United
States Court of Appeals for the Fifth Circuit; and
UNOPPOSED SECOND JOINT MOTION FOR EXTENSION OF TIME TO FILE BRIEFS OF
APPELLANTS PATRICK DAUGHERTY AND HIGHLAND EMPLOYEE RETENTION ASSETS LLC Page 2
• preparation of the reply to response to petition for review in USAA Texas
Lloyds Co. v. Gail Menchaca, No. 14-0721, in the Supreme Court of
Texas;
• preparation of the brief of appellee in Peter Payne, et al. v. Highland
Homes Ltd., No. 02-14-00067-CV, in the Second Court of Appeals at
Fort Worth;
• preparation of the brief of appellants in James Morrison, et al. v. Lake
Texoma Highport, LLC, et al., No. 14-41388, in the Fifth Circuit Court of
Appeals.
6. Additional time continues to be required to prepare the briefs because
the appellate record is voluminous, consisting of 41 volumes of the Reporter’s
Record and 10 volumes of the Clerk’s Record and Supplemental Clerk’s Record,
collectively.
7. This motion is not filed for the purpose of delay, but to allow counsel
adequate time to prepare the briefs of appellant in a way that will assist the Court
in reaching a decision.
For these reasons, Appellants/Cross-Appellees Patrick Daugherty and
Highland Employee Retention Assets LLC respectfully request that (1) the
deadline for filing their briefs of appellant be extended until Wednesday, May 20,
UNOPPOSED SECOND JOINT MOTION FOR EXTENSION OF TIME TO FILE BRIEFS OF
APPELLANTS PATRICK DAUGHERTY AND HIGHLAND EMPLOYEE RETENTION ASSETS LLC Page 3
2015, and (2) that the time period for the remaining briefs for all parties—as set
out in the Court’s March 3, 2015 Order—be likewise extended by 21 days.
Respectfully submitted,
/s/ Charles T. Frazier, Jr.
Charles T. Frazier, Jr.
State Bar No. 07403100
cfrazier@adjtlaw.com
ALEXANDER DUBOSE JEFFERSON &
TOWNSEND LLP
4925 Greenville Avenue, Suite 510
Dallas, Texas 75206-4026
Telephone: (214) 369-2358
Telecopier: (214) 369-2359
COUNSEL FOR APPELLANT/CROSS-
APPELLEE PATRICK DAUGHERTY
/s/ John F. Guild
John F. Guild
State Bar No. 24041022
jguild@ghjhlaw.com
GRUBER HURST JOHANSON HAIL SHANK
1445 Ross Avenue, Suite 2500
Dallas, Texas 75202
Telephone: 214-855-6800
Telecopier: 214-855-6808
COUNSEL FOR APPELLANT/CROSS-
APPELLEE HIGHLAND EMPLOYEE
RETENTION ASSETS LLC
UNOPPOSED SECOND JOINT MOTION FOR EXTENSION OF TIME TO FILE BRIEFS OF
APPELLANTS PATRICK DAUGHERTY AND HIGHLAND EMPLOYEE RETENTION ASSETS LLC Page 4
CERTIFICATE OF CONFERENCE
On April 21, 2015, the undersigned conferred with Scott Brister, counsel for
Highland Capital Management, L.P.; James Dondero; Sierra Verde, LLC; Patrick
Boyce; and William L. Britain, who stated that he does not oppose the relief
requested in this motion.
/s/ Charles T. Frazier, Jr.
Charles T. Frazier, Jr.
CERTIFICATE OF SERVICE
On April 22, 2015, I electronically filed this Unopposed Second Joint
Motion for Extension of Time to File Briefs of Appellants Patrick Daugherty and
Highland Employee Retention Assets LLC with the Clerk of the Court using the
electronic case filing system of the Court, which will send notification of such
filing to all counsel of record listed below:
Scott A. Brister John F. Guild
ANDREWS KURTH, LLP GRUBER HURST JOHANSON HAIL
111 Congress Ave., Ste. 1700 SHANK
Austin, Texas 78701 1445 Ross Avenue, Suite 2500
scottbrister@andrewskurth.com Dallas, Texas 75202
jguild@ghjhlaw.com
Marc D. Katz
ANDREWS KURTH, LLP
1717 Main St., Suite 3700
Dallas, Texas 75201
marckatz@andrewskurth.com
/s/ Charles T. Frazier, Jr.
Charles T. Frazier, Jr.
UNOPPOSED SECOND JOINT MOTION FOR EXTENSION OF TIME TO FILE BRIEFS OF
APPELLANTS PATRICK DAUGHERTY AND HIGHLAND EMPLOYEE RETENTION ASSETS LLC Page 5