ACCEPTED
05-15-00835-CV
FIFTH COURT OF APPEALS
DALLAS, TEXAS
11/3/2015 11:37:59 AM
LISA MATZ
CLERK
No. 05-15-00835-CV
_________________________________________
FILED IN
5th COURT OF APPEALS
COURT OF APPEALS DALLAS, TEXAS
for the 11/3/2015 11:37:59 AM
FIFTH DISTRICT OF TEXAS LISA MATZ
Clerk
Dallas, Texas
_________________________________________
Viking Healthcare, LLC,
Appellant,
v.
Zeig Electric, Inc.,
Appellee.
_________________________________________
On Appeal from the 397th District Court
of Grayson County, Texas
Hon. Brian Gary, District Judge
_________________________________________
UNOPPOSED SECOND MOTION FOR EXTENSION
OF TIME TO FILE APPELLANT’S BRIEF
_________________________________________
To the Honorable Court:
Pursuant to TEX. R. APP. P. 10.5(b) and 38.6(d), Appellant Viking Healthcare,
LLC (“Viking”) files this Unopposed Second Motion for Extension of Time to File
Appellant’s Brief seeking an additional extension of 14 days to file the Appellant’s
Brief in this case. In support of the requested 14-day extension, Viking would
respectfully show the following:
1. Viking sought and received one previous extension of time to file its
brief in this case, which makes the current due date for the Appellant’s Brief
November 11, 2015.
2. For the following reasons, Viking requests an additional extension of
14 days to file the Appellant’s Brief, which would make the new due date for the
Appellant’s Brief Wednesday, November 25, 2015.
3. The undersigned, who is chiefly responsible for preparing the brief, has
been and will be involved in other matters that necessitate an extension, including:
a. Preparation of an amicus curiae brief on behalf of the National Black
Chamber of Commerce that was filed on November 3, 2015 in Samsung
et al. v. Apple Inc., No. 2014-1802, pending in the United States Court
of Appeals for the Federal Circuit; and
b. Various matters following a trial that concluded on October 23, 2015
in Johnson v. Emerson Electric Co. et al., No. 048-268665-13, pending
in the 48th District Court of Tarrant County, Texas.
4. Because of these and other scheduling conflicts, the undersigned
believes that a 14-day extension will be necessary in order to prepare an adequate
brief in this case.
5. This is Viking’s second request for an extension of time, and it is not
opposed.
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WHEREFORE, Appellant Viking Healthcare, LLC respectfully prays that the
Court grant this unopposed motion and extend the time to file its Appellant’s Brief
to November 24, 2015.
Respectfully submitted,
/s/ J. Carl Cecere
Peter K. Munson J. Carl Cecere
State Bar No. 14673000 State Bar No. 24050397
pkmunson@munsonlaw.com ccecere@cecerepc.com
Christina A. Tillett Cecere PC
State Bar No. 24010448 6035 McCommas Blvd.
catillett@munsonlaw.com Dallas, Texas 75206
Munson, Munson, Cardwell Telephone: 469.600.9455
& Tillett, P.C.
123 South Travis Street
Sherman, Texas 75090 Jeffrey S. Levinger
Telephone: 903.893.8161 State Bar No. 12258300
Facsimile: 903.893.1345 jlevinger@levingerpc.com
Levinger PC
1445 Ross Avenue, Suite 2500
Dallas, Texas 75202
Telephone: 214.855.6817
Facsimile: 214.855.6808
Attorneys for Viking Healthcare, LLC
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CERTIFICATE OF CONFERENCE
On November 2, 2015, the undersigned conferred with Steven Aldous,
counsel for Appellee regarding this motion. Mr. Aldous stated that his client does
not oppose the requested extension of the deadline to file the Appellant’s Brief.
/s/ J. Carl Cecere
J. Carl Cecere
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CERTIFICATE OF SERVICE
The undersigned certifies that a copy of this Unopposed Second Motion for
Extension of Time to File Appellant’s Brief was served by electronic transmission
on the following counsel on this 3rd day of November, 2015.
Richard Capshaw
Christopher M. Blanton
CAPSHAW & ASSOCIATES
3031 Allen Street, Suite 201
Dallas, Texas 75204
Richard@capslaw.com
Christopher@capslaw.com
Steven E. Aldous
FORSHEY & PROSTOK, LLP
500 Crescent Court, Suite 240
Dallas, Texas 75201
saldous@forsheyprostok.com
/s/ J. Carl Cecere
J. Carl Cecere
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