David Tubb and Superior Shooting System, Inc., Appellants/Cross-Appellees v. Aspect International, Inc. and James Sterling, Appellees/Cross-Appellants

ACCEPTED
12-14-00323-CV
TWELFTH COURT OF APPEALS
TYLER, TEXAS
7/8/2015 2:13:15 PM
CATHY LUSK
CLERK

NO. 12-14-00323-CV

IN THE FILED IN
12th COURT OF APPEALS
TWELFTH COURT OF APPEALS TYLER, TEXAS
7/8/2015 2:13:15 PM
TYLER, TEXAS
CATHY S. LUSK
___________________________________________________________________
Clerk

DAVID TUBB, ET AL. APPELLANTS

V.

ASPECT INTERNATIONAL, INC., ET AL. APPELLEES
__________________________________________________________________

UNOPPOSED MOTION FOR EXTENSION OF TIME TO
FILE BRIEF OF APPELLEES

Appellees, Aspect International, Inc. and James Michael Sterling, request a thirty (30)

day extension of the deadline for filing their brief, pursuant to Tex. R. App. P. 10.

1. July 8, 2015, is the current deadline for filing Appellees’ brief.

2. A thirty (30) day extension is requested.

3. The following facts are relied on to reasonably explain the need for an

extension. Keith Dollahite (the “attorney”) has not had adequate time to review the record,

research the law, and prepare a brief.

June 8 The attorney received notice that Appellees’s brief was due on July 8.

June 9 The attorney prepared pleadings in order to comply with deadlines in
Dralie Partners, Ltd., v. Ironwood Oil & Gas LLC, et al., Cause No.
D15-24152-CV, in the 13th District Court, Navarro County, Texas; and
prepared settlement documents and participated in conference calls with
opposing counsel, co-counsel, and clients in Pioneer Royalty, Inc., et al. v.
Gaither Petroleum Corp., et al., Cause No. 2012-255, in the 402nd Judicial

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 District, Wood County, Texas.

June 10 The attorney prepared pleadings in order to comply with deadlines in
Dralie Partners, Ltd., v. Ironwood Oil & Gas LLC, et al., Cause No.
D15-24152-CV, in the 13th District Court, Navarro County, Texas;
prepared settlement documents and participated in conference calls
with opposing counsel, co-counsel, and clients in Pioneer Royalty, Inc.,
et al. v. Gaither Petroleum Corp., et al., Cause No. 2012-255, in the
402nd Judicial District, Wood County, Texas; prepared form contracts
for a general contractor client; and participated in a construction site
meeting with a client in an easement dispute.

June 11 The attorney prepared for and attending a hearing in In the Matter of
the Marriage of Sarah Jeannean Burgess and Danny Burgess, Cause
No. 10-2857-E, in the County Court at Law, Smith County, Texas; met
with his client regarding a potential conflict in a lawsuit; prepared
settlement documents and conferred with opposing counsel, co-counsel,
and clients in Pioneer Royalty, Inc., et al. v. Gaither Petroleum Corp.,
et al., Cause No. 2012-255, in the 402nd Judicial District, Wood County,
Texas.

June 12 The attorney met with a new client; prepared form contracts for a
general contractor client; met with his client regarding a potential
conflict in a lawsuit; prepared settlement documents and conferred with
opposing counsel, co-counsel, and clients in Pioneer Royalty, Inc., et
al. v. Gaither Petroleum Corp., et al., Cause No. 2012-255, in the 402 nd
Judicial District, Wood County, Texas; and prepared pleadings in order
to comply with deadlines in Dralie Partners, Ltd., v. Ironwood Oil &
Gas LLC, et al., Cause No. D15-24152-CV, in the 13 th District Court,
Navarro County, Texas.

June 13 Saturday.

June 14 Sunday.

June 15 The attorney prepared pleadings in order to comply with deadlines in
Dralie Partners, Ltd., v. Ironwood Oil & Gas LLC, et al., Cause No.
D15-24152-CV, in the 13th District Court, Navarro County, Texas; and
prepared dismissal documents in Elmer C. Honath, et al. v. Ironwood
Oil & Gas LLC, et al., Cause No. D12-21145-CV, in the 13 th Judicial

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 District, Navarro County, Texas; and met with a client regarding an
easement dispute at a construction site.

June 16 The attorney prepared a proposed supply contract for an out-of-state
transaction and researched legal authorities affecting same; the attorney
participated in conference calls with opposing counsel and his client
in Fuentes, et al. v. Riggle, No. 6:14-CV-00179, in the United States
District Court for the Eastern District of Texas, Tyler Division; and
prepared settlement documents and conferred with opposing counsel,
co-counsel, and clients in Pioneer Royalty, Inc., et al. v. Gaither
Petroleum Corp., et al., Cause No. 2012-255, in the 402 nd Judicial
District, Wood County, Texas.

June 17 The attorney prepared settlement documents and conferred with
opposing counsel, co-counsel, and clients in Pioneer Royalty, Inc., et
al. v. Gaither Petroleum Corp., et al., Cause No. 2012-255, in the 402 nd
Judicial District, Wood County, Texas.

June 18 The attorney prepared settlement documents and conferred with
opposing counsel, co-counsel, and clients in Pioneer Royalty, Inc., et
al. v. Gaither Petroleum Corp., et al., Cause No. 2012-255, in the 402 nd
Judicial District, Wood County, Texas.

June 19 The attorney prepared a reply brief in IN RE LAZY W DISTRICT NO . 1, No.
15-0117, in the Texas Supreme Court.

June 20 The attorney prepared a reply brief in IN RE LAZY W DISTRICT NO . 1, No.
Saturday 15-0117, in the Texas Supreme Court.

June 21 The attorney prepared a reply brief in IN RE LAZY W DISTRICT NO . 1, No.
Sunday 15-0117, in the Texas Supreme Court.

June 22 The attorney prepared a reply brief in IN RE LAZY W DISTRICT NO . 1, No.
15-0117, in the Texas Supreme Court.

June 23 The attorney traveled to Dallas for a meeting with a potential new
client.

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June 24 The attorney prepared settlement documents and conferred with
opposing counsel, co-counsel, and clients in Pioneer Royalty, Inc., et
al. v. Gaither Petroleum Corp., et al., Cause No. 2012-255, in the 402 nd
Judicial District, Wood County, Texas; prepared pleadings in order to
comply with deadlines in Dralie Partners, Ltd., v. Ironwood Oil & Gas
LLC, et al., Cause No. D15-24152-CV, in the 13 th District Court,
Navarro County, Texas; and prepared lease amendments for a client.

June 25 The attorney prepared a proposed supply contract for an out-of-state
transaction and researched legal authorities affecting same; reviewed
and answered incoming correspondence from the previous few days;
and prepared for mediation in Fuentes, et al. v. Riggle, No. 6:14-CV-
00179, in the United States District Court for the Eastern District of
Texas, Tyler Division.

June 26 The attorney met with co-counsel in Monty Clay, et al. v. AIG
Aerospace Insurance Services, Inc., et al., No. 06-15-00024-CV, in the
6th Court of Appeals, Texarkana, Texas.

June 27 Saturday.

June 28 Sunday.

June 29 The attorney met with his client and vendors, and prepared a proposed
supply contract for an out-of-state transaction and researched legal
authorities affecting same; and prepared for mediation in Fuentes, et al.
v. Riggle, No. 6:14-CV-00179, in the United States District Court for
the Eastern District of Texas, Tyler Division.

June 30 The attorney prepared for mediation in Fuentes, et al. v. Riggle, No.
6:14-CV-00179, in the United States District Court for the Eastern
District of Texas, Tyler Division; prepared pleadings in order to comply
with deadlines in Dralie Partners, Ltd., v. Ironwood Oil & Gas LLC, et
al., Cause No. D15-24152-CV, in the 13th District Court, Navarro
County, Texas; and met with a client regarding an easement dispute at
a construction site.

July 1 The attorney reviewed a demand letter issued to a client and prepared
a response to same; prepared pleadings in order to comply with
deadlines in Dralie Partners, Ltd., v. Ironwood Oil & Gas LLC, et al.,

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 Cause No. D15-24152-CV, in the 13 th District Court, Navarro County,
Texas; and prepared discovery responses to comply with deadlines in
CompleteRX, Ltd v. Mother Frances Hospital Regional Health Care,
No. 01-14-0001-1844, before the American Arbitration Association,
Dallas, Texas.

July 2 The attorney prepared for mediation in Fuentes, et al. v. Riggle, No.
6:14-CV-00179, in the United States District Court for the Eastern
District of Texas, Tyler Division; prepared pleadings in order to comply
with deadlines in Dralie Partners, Ltd., v. Ironwood Oil & Gas LLC, et
al., Cause No. D15-24152-CV, in the 13th District Court, Navarro
County, Texas; and met with clients and co-counsel to review
settlement documents in Pioneer Royalty, Inc., et al. v. Gaither
Petroleum Corp., et al., Cause No. 2012-255, in the 402 nd Judicial
District, Wood County, Texas.

July 3 Office closed in observance of July 4.

July 4 Saturday.

July 5 Sunday.

July 6 The attorney prepared for mediation in Fuentes, et al. v. Riggle, No.
6:14-CV-00179, in the United States District Court for the Eastern
District of Texas, Tyler Division; and prepared for mediation in
Pioneer Royalty, Inc., et al. v. Gaither Petroleum Corp., et al., Cause
No. 2012-255, in the 402nd Judicial District, Wood County, Texas.

July 7 The attorney attended mediation in Pioneer Royalty, Inc., et al. v.
Gaither Petroleum Corp., et al., Cause No. 2012-255, in the 402 nd
Judicial District, Wood County, Texas.

July 8 The attorney attended mediation in Pioneer Royalty, Inc., et al. v.
Gaither Petroleum Corp., et al., Cause No. 2012-255, in the 402 nd
Judicial District, Wood County, Texas.

4. The attorney plans to complete the Appellees’ brief within the next thirty (30)
days.

5. This is Appellees’ first request for an extension of this deadline.

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 WHEREFORE, Appellees, Aspect International, Inc. and James Michael Sterling,

request the Court to grant this motion.

Respectfully submitted,

M. KEITH DOLLAHITE, P.C.
5457 Donnybrook Avenue
Tyler, Texas 75703
(903) 581-2110
(903) 581-2113 (Facsimile)

/s/ Keith Dollahite
By:______________________________________
M. Keith Dollahite
State Bar No. 05958550

CERTIFICATE OF CONFERENCE

Before filing this motion, Greg Smith, the attorney for Appellants, was contacted
about this motion, and he indicated he does not oppose this motion.

/s/ Keith Dollahite
________________________________________

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