ACCEPTED
01-14-00417-cv
FIRST COURT OF APPEALS
HOUSTON, TEXAS
2/20/2015 3:47:58 PM
CHRISTOPHER PRINE
CLERK
NO. 01-14-00417-CV
FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
IN THE FIRST COURT OF APPEALS 2/20/2015 3:47:58 PM
HOUSTON, TEXAS CHRISTOPHER A. PRINE
Clerk
NICK YEH, INDIVIDUALLY, ASHDON INC. D/B/A IMPRESSION BRIDAL, AND
EMME BRIDAL, INC.,
Appellants/Cross-Appellees,
v.
ELLEN CHESLOFF,
Appellee/Cross-Appellant.
On Appeal from the 268th Judicial District Court,
Fort Bend County, Texas, No. 09-DCV-174184
UNOPPOSED MOTION TO EXTEND TIME TO FILE
APPELLEE’S/CROSS-APPELLANT’S BRIEF
Appellee/Cross-Appellant Ellen Chesloff files this Unopposed
Motion asking for a thirty-day extension, to April 1, 2015, to file her
Appellee’s/Cross-Appellant’s Brief in this case.
I. BACKGROUND
Appellants appeal the April 25, 2014 Final Judgment entered against
them in the underlying case. Appellee noticed a cross-appeal of that Final
UNOPPOSED MOTION TO EXTEND TIME TO FILE
APPELLEE’S/CROSS-APPELLANT’S BRIEF PAGE 1 OF 5
Judgment as well. The Clerk’s Record was filed on June 23, 2014 and the
Reporter’s Record was filed on November 25, 2014.
In a joint motion filed by the parties on December 23, 2014, the parties
agreed to extend the time for Appellants to file their brief, and agreed on a
briefing schedule for the cross-appeal. This Court extended Appellants’
briefing deadline to January 29, 2015 and the parties agreed that the
Appellee’s/Cross-Appellant’s brief would be due thirty days later.
Appellants filed their brief on January 29, 2015, making
Appellee’s/Cross-Appellant’s brief due no later than March 2, 2015.
II. REQUESTED EXTENSION
This is Appellee’s/Cross-Appellant’s first request for an extension.
Over the past month, the bulk of the undersigned’s time has been spend
responding to nine (9) complaints currently pending before the State
Commission on Judicial Conduct, and preparing for a hearing before the
Commission that was held yesterday, February 19, 2015. Because of this
and other, day-to-day matters, the undersigned counsel, who is lead
appellate counsel and primarily responsible for preparing the
Appellee’s/Cross-Appellant’s brief in this case, needs additional time to
UNOPPOSED MOTION TO EXTEND TIME TO FILE
APPELLEE’S/CROSS-APPELLANT’S BRIEF PAGE 2 OF 5
review the Appellants’ brief, review the record, and prepare the
Appellee’s/Cross-Appellant’s brief.
This request is sought not solely for delay, but in order that the
Appellee’s/Cross-Appellant’s Brief and the issues to be presented therein
may be clearly and concisely presented to this Court and so that justice
may be served.
III. CERTIFICATE OF CONFERENCE
On February 18, 2015, the undersigned contacted lead appellate
counsel for Appellants, Barham Lewis, regarding the substance of this
Motion. Mr. Lewis graciously advised that he and his clients were
unopposed to the relief being requested.
IV. PRAYER
For these reasons, Appellee/Cross-Appellant respectfully requests
that this Court grant her unopposed motion and extend the time to file her
Appellee’s/Cross-Appellant’s Brief to April 1, 2015, and for such other and
further relief to which they may be justly and equitably entitled.
UNOPPOSED MOTION TO EXTEND TIME TO FILE
APPELLEE’S/CROSS-APPELLANT’S BRIEF PAGE 3 OF 5
Respectfully submitted,
By: /s/ Thad D. Spalding
Thad D. Spalding
State Bar No. 00791708
tspalding@texasappeals.com
Peter M. Kelly
State Bar No. 00791011
pkelly@texasappeals.com
KELLY, DURHAM & PITTARD, LLP
PO Box 224626
Dallas, TX 75222
Telephone: 214.946.8000
Facsimile: 214.946.8433
and
Ronald M. Estefan
State Bar No. 00785851
ron@ronestefanlaw.com
THE ESTEFAN FIRM, P.C.
2306 Mason Street
Houston, Texas 77006
(713) 333-1100
(713) 333-1101 (Fax)
COUNSEL FOR
APPELLEE/CROSS-APPELLANT
UNOPPOSED MOTION TO EXTEND TIME TO FILE
APPELLEE’S/CROSS-APPELLANT’S BRIEF PAGE 4 OF 5
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of this Unopposed
Motion to Extend Time to File Appellee’s/Cross-Appellant’s Brief has been
forwarded to the following counsel of record on this 20th day of February
2015, pursuant to Texas Rule of Appellate Procedure 9.5(b)(1).
Barham Lewis
Barham.Lewis@ogletreedeakins.com
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
One Allen Center
500 Dallas Street, Suite 3000
Houston, Texas 77002
/s/ Thad D. Spalding
Thad D. Spalding
UNOPPOSED MOTION TO EXTEND TIME TO FILE
APPELLEE’S/CROSS-APPELLANT’S BRIEF PAGE 5 OF 5