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
9/8/2015 10:33:25 AM
Pam Estes
CLERK

NO. 12-14-00323-CV

IN THE FILED IN
12th COURT OF APPEALS
TWELFTH COURT OF APPEALS TYLER, TEXAS
9/8/2015 10:33:25 AM
TYLER, TEXAS
PAM ESTES
________________________________________________________________________
Clerk

DAVID TUBB, ET AL. APPELLANTS

V.

ASPECT INTERNATIONAL, INC., ET AL. APPELLEES
_________________________________________________________________________

UNOPPOSED THIRD 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. September 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.

July 31 The attorney received notice that Appellees’ brief was due on
September 8, 2015

August 1 - 9 The attorney was on a pre-planned, out-of-state family vacation.

August 10 The attorney returned to the office, reviewed incoming correspondence
and pleadings and returned telephone calls from the previous two
weeks; participated in a scheduling conference call in Cotten v. City of

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 Tyler, et al., No. 2:15-CV-00520, in the United States District Court for
the Eastern District of Texas, Marshall Division.

August 11 The attorney prepared for an arbitration 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 closing documents
for a complex probate estate and related lawsuits.

August 12 The attorney prepared closing documents for a complex probate estate
and related lawsuits; prepared discovery responses, pleadings, and joint
pretrial order in order in Lisa Cowley v. CR Capital Group, LLC, et al.,
No. 62,728-A, in the County Court at Law No. 2, Smith County, Texas;
and participate in a conference call with his client and a vendor to
discuss a contract dispute.

August 13 The attorney prepared the arbitration statement in order to comply with
deadlines in Pioneer Royalty, Inc., et al. v. Gaither Petroleum Corp.,
et al., Cause No. 2012-255, in the 402nd Judicial District, Wood County,
Texas, and prepared closing documents for a complex probate estate
and related lawsuits.

August 14 The attorney attended a scheduling conference in Marshall in Cotten v.
City of Tyler, et al., No. 2:15-CV-00520, in the United States District
Court for the Eastern District of Texas, Marshall Division; and
prepared the arbitration statement in order to comply with deadlines in
Pioneer Royalty, Inc., et al. v. Gaither Petroleum Corp., et al., Cause
No. 2012-255, in the 402nd Judicial District, Wood County, Texas.

August 15 Saturday.

August 16 Sunday.

August 17 The attorney prepared the arbitration statement in order to comply with
deadlines in Pioneer Royalty, Inc., et al. v. Gaither Petroleum Corp.,
et al., Cause No. 2012-255, in the 402nd Judicial District, Wood County,
Texas, and prepared closing documents for a complex probate estate
and related lawsuits.

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August 18 The attorney prepared for and attended a hearing in Lisa Cowley v. CR
Capital Group, LLC, et al., No. 62,728-A, in the County Court at Law
No. 2, Smith County, Texas; prepared closing documents for the sale
of corporate stock; and finalized and submitted the arbitration statement
in order to comply with deadlines 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.

August 19 The attorney prepared for mediation scheduled for the following day in
Lisa Cowley v. CR Capital Group, LLC, et al., No. 62,728-A, in the
County Court at Law No. 2, Smith County, Texas; prepared closing
documents for the sale of corporate stock; prepared a settlement
agreement and dismissal documents in Diane Quilimaco v. CHRISTUS
Spohn Health System Corp., Cause No. 2015CCV-61343-2, pending in
the County Court at Law No. 2, Nueces County, Texas; and prepared
closing documents for a complex probate estate and related lawsuits.

August 20 The attorney attended mediation in Lisa Cowley v. CR Capital Group,
LLC, et al., No. 62,728-A, in the County Court at Law No. 2, Smith
County, Texas.

August 21 The attorney prepared closing documents for the sale of corporate
stock; reviewed documents for two potential claims and provided
opinion letters to his client; prepared closing documents for a complex
probate estate and related lawsuits; and prepared for arbitration in
Pioneer Royalty, Inc., et al. v. Gaither Petroleum Corp., et al., Cause
No. 2012-255, in the 402nd Judicial District, Wood County, Texas.

August 22 Saturday.

August 23 Sunday. The attorney prepared for arbitration and traveled to Houston
in Pioneer Royalty, Inc., et al. v. Gaither Petroleum Corp., et al., Cause
No. 2012-255, in the 402nd Judicial District, Wood County, Texas.

August 24 The attorney participated in an arbitration/mediation in Houston in
Pioneer Royalty, Inc., et al. v. Gaither Petroleum Corp., et al., Cause
No. 2012-255, in the 402nd Judicial District, Wood County, Texas.

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August 25 The attorney participated in an arbitration/mediation in Houston in
Pioneer Royalty, Inc., et al. v. Gaither Petroleum Corp., et al., Cause
No. 2012-255, in the 402nd Judicial District, Wood County, Texas.

August 26 The attorney participated in an arbitration/mediation and returned home
from Houston 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.

August 27 The attorney prepared the settlement agreement and dismissal
documents 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 closing documents for the sale of corporate stock; participated
in settlement negotiations in Lisa Cowley v. CR Capital Group, LLC,
et al., No. 62,728-A, in the County Court at Law No. 2, Smith County,
Texas; and reviewed incoming correspondence and pleadings from the
prior few days spent in arbitration.

August 28 The attorney prepared the settlement agreement and dismissal
documents Fuentes, et al. v. Riggle, No. 6:14-CV-00179, in the United
States District Court for the Eastern District of Texas, Tyler Division;
attended meeting with co-counsel to review closing documents for a
complex probate estate and related lawsuits; and prepared pleadings in
order to comply with deadlines in David Ford v. Larry Smith, et al., No.
6:14CV880-KNM, in the United States District Court for the Eastern
District of Texas, Tyler Division.

August 29 Saturday.

August 30 Sunday.

August 31 The attorney prepared closing documents for a complex probate estate
and related lawsuits; prepared a lease agreement, assignment, and bill
of sale for a client; and reviewed a franchise agreement and provided
an opinion letter to a client.

September 1 The attorney finalized the closing documents for the sale of corporate
stock; prepared closing documents for a complex probate estate and
related lawsuits; and prepared a commercial lease agreement for a
client.

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September 2 The attorney reviewed the record and prepared the brief of Appellees
in this case.

September 3 The attorney reviewed the record and prepared the brief of Appellees
in this case.

September 4 The attorney reviewed the record and prepared the brief of Appellees
in this case.

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

of the current deadline, or October 8, 2015.

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

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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