ACCEPTED
01-15-00147-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
6/26/2015 11:13:48 AM
CHRISTOPHER PRINE
CLERK
No. 01-15-00147-CV
FILED IN
IN THE COURT OF APPEALS 1st COURT OF APPEALS
HOUSTON, TEXAS
FIRST DISTRICT OF TEXAS AT HOUSTON
6/26/2015 11:13:48 AM
CHRISTOPHER A. PRINE
Clerk
In re S. Swain, Annuitant
Metropolitan Life Insurance Company and Metropolitan Insurance & Annuity
Company,
Appellants,
Peachtree Settlement Funding, LLC,
Appellees.
Appeal from Cause No. 2014-74548
1
In the 234 h Judicial District Court, Harris County, Texas
UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF OF
APPELLANTS METROPOLITAN LIFE INSURANCE COMPANY AND
METROPOLITAN INSURANCE & ANNUITY COMPANY
TO THE HONORABLE COURT OF APPEALS:
Appellants Metropolitan Life Insurance Company and Metropolitan Insurance & Annuity
Company ("Appellants") file this Motion to Extend Time to File Brief of Appellants in the
above-referenced appeal as follows:
1. Based on a review of the case website of the First Court of Appeals, 1 Appellants
believe that the current due date to file their brief is Monday, July 20, 2015.
1
http://www.search.txcourts.gov/Case.aspx?cn=O1- 15-001 47-CV &coa=coaO I (Last Visited - June 25, 2015)
2. Appellants respectfully request a sixty (60) day extension, until Monday, September
21, 2015, to file Appellants' brief in this case.
3. The requested extension is not sought for purposes of delay, but so that
Appellants can be afforded an adequate amount of time to prepare their position for the Court.
4. This is the second request for extension of time Appellant has sought in this matter
and, as indicated in the Certificate of Conference below, Appellee Peachtree Settlement Funding,
LLC does not oppose this extension request.
WHEREFORE, PREMISES CONSIDERED, Appellants Metropolitan Life Insurance
Company and Metropolitan Insurance & Annuity Company respectfully request an extension of
time until Monday, September 21 , 2015 to file their Brief of Appellants in this case and for such
other and further relief to which Appellants may be justly entitled.
Respectfully submitted,
By: /s/ Patrick. B. Larkin
Patrick B. Larkin
State Bar No. 24013004
The Larkin Law Firm, P.C.
11200 Broadway, Suite 2705
Pearland, Texas 77584
(281) 412-7500 Telephone
(281) 412-7502 Fax
Email: plarkin@larkin-law.com
Attorneys for Appellants
Metropolitan Life Insurance
Company and Metropolitan Tower
Life Insurance Company
2
CERTIFICATE OF CONFERENCE
I certify that I made contact with Earl S. Nesbitt, Esq., counsel for Appellee Peachtree
Settlement Funding, LLC, and he indicated that his client does not oppose the relief sought in
this motion.
Isl Patrick. B. Larkin
Patrick B. Larkin
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was served upon the
following counsel or parties of record on this the 26th day of June, 2015.
Via Certified Mail and E-Mail
Earl Nesbitt, Esq.
Nesbitt, Vassar & McCown, L.L.P.
15851 Dallas Parkway
Suite 800
Addison, TX 75001
enesbitt@nvm.com
Stephen Harris, Esq.
Drinker Biddle & Reath LLP
One Logan Square
Philadelphia, PA 19103
Stephen. Harris@dbr.com
Via Certified Mail
Sara Swain
3303 Quarry Place Lane
Katy, TX 77493
Isl Patrick. B. Larkin
Patrick B. Larkin
3
I L ~AW~IR~C. I N I
Pearland Town Center Offices East
11200 Broadway, Suite 2705 Houston Oftice
One R1verwav Or., Suite 1700
Pearland, TX 77584 Houston. TX 77056
Patrick 8 . Larki n T (281) 412-7500 T 12811 412 -7500
plarkin@lark in-law com IBy appo i ntment on ly)
F (281) 412-7502
June 26, 2015
VIA ELECTRONIC FILING
Christopher A. Prine
Clerk of the I st Court of Appeals
301 Fannin Street
Houston, Texas 77002
Re: Cause No. 01-15-00147-CV; Metropolitan Insurance and Annuity Company and
Metropolitan Life Insurance Company v. Peachtree Settlement Funding, LLC; In the
Texas Court of Appeals, First District.
Dear Mr. Prine,
Enclosed please find the following document for filing regarding the above-referenced matter:
I . Unopposed Motion to Extend Time to File Brief of Appellants Metropolitan Life
Insurance Company and Metropolitan Insurance & Annuity Company.
We would appreciate your office filing same and acknowledging receipt to us in your usual manner
by returning the file-stamped pleading to our office.
If you have any questions, please contact me at 281-412-7500. Thank you for your cooperation in
this matter.
Very truly yours,
THE LARKIN LAW FIRM, P.C.
ISi PATRICK B. LARKIN
Patrick B. Larkin
PB Liao
Enc.
www.Larkin-Law.com
June 26, 2015
Page 2
cc:
Via Electronic Service &
CMIRRR: #7014 0510 000173467017
Earl Nesbitt
Nesbitt, Vassar & McCown, L.L.P.
15851 Dallas Parkway
Suite 800
Addison, TX 75001
enesbitt@nvm.com
Via E-Mail & CMIRRR: #7014 0510 0001 7346 7031
Stephen Harris
Drinker Biddle & Reath LLP
One Logan Square
Philadelphia, PA 19103
Stephen.Harris@dbr.com
Via CMIRRR: #7014 0510 0001 7346 7031
Sara Swain
3303 Quarry Place Lane
Katy, TX 77493
www.Larkin-Law.com
11200 Broadway St., Suite 2705 I Pearland, Texas 77584 I Phone: 281.412.7500 I Fax: 281.412.7502