Michael J. DeLitta And DeLCom Properties, LLC v. Nancy Schaefer

ACCEPTED
03-15-00085-CV
4636064
THIRD COURT OF APPEALS
AUSTIN, TEXAS
3/25/2015 12:05:20 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00085-CV
In the Third Court of Appeals3rd COURT
FILED IN
OF APPEALS
AUSTIN, TEXAS
Austin, Texas 3/25/2015 12:05:20 PM
JEFFREY D. KYLE
_______________________________________________
Clerk

Michael J. DeLitta and
DelCom Properties, LLC,
Appellants
v.
Nancy Schaefer
Appellee
_______________________________________________
UNOPPOSED MOTION FOR EXTENSION OF TIME
_____________________________________________________

TO THE HONORABLE THIRD COURT OF APPEALS:

Pursuant to Texas Rules of Appellate Procedure 38.6(d) and 10.5(b), Appellee

Nancy Schaefer files this motion for extension of time and would respectfully show the

Court as follows:

I.

Appellants filed their brief on March 16, 2015. Appellee’s brief currently is due

on Monday, April 6, 2015. Appellee requests that the Court grant a 30-day extension

of time by which to file her brief. Granting this motion would make the brief due

on May 6, 2015.

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 II.

Appellee needs additional time because the Appellants’ Brief was filed while

appellate counsel, Lisa Bowlin Hobbs, was on vacation, cutting into her time to

respond. In addition, Ms. Hobbs has several other pre-existing deadlines:

 Handling post-judgment motions and briefing in Cause No. 7,637; Leon
Oscar Ramirez, Jr., et al. v. ConocoPhillips Company, et al.; in the 49th Judicial
District Court of Zapata County, Texas;

 Preparing Appellee’s Reply Brief in No. 03-14-00603-CV; In the Interest of
R.H.M., a Child; pending in this Court, due on April 20, 2015; and

 Preparing for an expert witness deposition on April 15, 2015, in No. 2013-
61098; Scott D. Martin and SKM Partnership, Ltd v. Andrews Kurth, LLP; in
234th District Court of Harris County, Texas.
This extension is not sought for delay but to allow Ms. Hobbs the opportunity

to properly prepare the brief. This is Appellee’s first request for extension of time in

this case.

Appellants, through counsel, indicate that they are unopposed to the relief

sought in this motion.

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 PRAYER
Appellee Nancy Schaefer asks the Court to grant her a 30-day extension, making

her brief due on May 6, 2015. Appellee also prays for any and all further relief to which

she may be entitled.

Dated: March 25, 2015 Respectfully submitted,

By: /s/ Lisa Bowlin Hobbs
Donald R. Taylor Lisa Bowlin Hobbs
State Bar No. 19688800 State Bar No. 24026905
dtaylor@taylordunham.com Lisa@KuhnHobbs.com
Of Counsel Stacey Reese Kurt Kuhn
State Bar No. 24056188 State Bar No. 24002433
stacey@reeselawpractice.com Kurt@KuhnHobbs.com
TAYLOR DUNHAM & RODRIGUEZ LLP KUHN HOBBS PLLC
301 Congress Avenue, Suite 1050 3307 Northland Drive, Suite 310
Austin, Texas 78701 Austin, Texas 78731
(512) 473-2257 (512) 476-6003
(512) 478-4409 (fax) (512) 476-6002 (fax)

Howard F. Carter, Jr.,
State Bar No. 03916500
sam@scarterlawfirm.com
HOWARD F. CARTER, JR., P.C.
5600 Tennyson Parkway, Suite 160
Plano, Texas 75024
(972) 455-2001
(972) 455-2015 (fax)

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 CERTIFICATE OF CONFERENCE
Pursuant to Texas Rule of Appellate Procedure 10.1, I certify that, on March 25,
2015, I conferred with Douglas R. Drucker, counsel for Appellants, regarding this
motion. Mr. Drucker indicated that he is unopposed to the relief requested.

/s/ Lisa Bowlin Hobbs
Lisa Bowlin Hobbs

CERTIFICATE OF SERVICE
I hereby certify that, on March 25, 2015, and in compliance with the Texas Rules
of Appellate Procedure, a true and correct copy of this motion has been served as
follows:

Douglas R. Drucker via e-Service
Kirby D. Hopkins
DRUCKER | HOPKINS LLP
21 Watery Avenue, Suite 300
The Woodlands, TX 77380
Counsel for Appellants

Eric J. Taube via e-Service
HOHMANN, TAUBE & SUMMERS LLP
100 Congress Avenue, 18th Floor
Austin, Texas 78701
Counsel for Axiom entities and
Jeff Compton

/s/ Lisa Bowlin Hobbs
Lisa Bowlin Hobbs

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