David Young v. Trails End Homeowners Association, Inc. TLS Properties, Ltd. TLS Operating Company, LLC Van Keene And Rick Durapau

ACCEPTED
03-14-00535-CV
4953214
THIRD COURT OF APPEALS
AUSTIN, TEXAS
April 20, 2015 4/20/2015 1:48:55 PM
JEFFREY D. KYLE
CLERK

NO. 03-14-00535-CV
___________________________________________________

IN THE COURT OF APPEALS
FOR THE THIRD DISTRICT OF TEXAS
AT AUSTIN, TEXAS
___________________________________________________

David Young,
Appellant,
v.
Trails End Homeowners Association, Inc., TLS Properties, Ltd.,
TLS Operating Company, LLC, Van Keene and Rick Durapau,
Appellees.

On Appeal from the 200th Judicial District Court of Travis County, Texas
(Honorable Scott H. Jenkins, of the 53rd Judicial District Court, Presiding)
Trial Court Cause No. D-1-GN-10-003864

AMENDED JOINT AND UNOPPOSED MOTION FOR
EXTENSION OF TIME TO FILE APPELLEE’S BRIEFS
TO THE HONORABLE COURT OF APPEALS:

COMES NOW Appellees Trails End Homeowners Association, Inc.,

TLS Properties, Ltd., TLS Operating Company, LLC and Van Keene

(“Appellees”), and file this Amended Joint and Unopposed Motion for

Extension of Time to File Appellee’s Briefs, seeking a 30 day extension of

time in which to file their briefs, thereby extending the deadline of April 22,

2015, up to and including May 22, 2015.

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 1. Appellant’s brief was originally due on or about December 19,

2014. After obtaining three separate extensions, Appellant’s deadline was

ultimately extended to March 18, 2015, when it filed its brief. Upon the

Court’s instruction, Appellant filed a corrected version of their brief on

March 23, 2015. As a result, the current deadline for Appellees to file their

briefs is April 22, 2015.

2. Pursuant to Rules 10.5(b) and 38.6(d), of the Texas Rules of

Appellate Procedure, Appellee seeks a twenty (30) day extension of time in

which to file their briefs, thus extending the deadline up to and including

May 22, 2015.

3. Appellees seek the requested extension of time because

Appellee’s agreement to extend Appellants’ deadline to file its brief on at

least two occasions resulted in Appellee’s deadline to fall at a time when its

lead trial and appellate counsel’s travel schedule has been burdened with

personal and professional activities– both within and outside the State of

Texas – that command significant expenditures of time.

4. Appellees have not requested any previous extensions of time in

this proceeding. This motion is filed in good faith and is not sought for

purposes of obstruction or delay, but rather is requested so that justice may

be done.

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 5. No party, including Appellant, opposes the extension. After

conferring, all parties have agreed to the relief requested herein.

6. WHEREFORE PREMISES CONSIDERED, Appellees

respectfully request that the Court grant their joint and unopposed motion

to extend the time to file their briefs by thirty (30) days to and including

May 22, 2015.

Respectfully submitted,

JACKSON WALKER L.L.P.

By: /s/ Christopher R. Mugica
Christopher R. Mugica
State Bar No. 24027554
cmugica@jw.com
Emilio B. Nicolas
State Bar No. 24058022
enicolas@jw.com
100 Congress Avenue, Suite 1100
Austin, Texas 78701
(512) 236-2000
(512) 236-2002 – Fax

and

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 W. Thomas Buckle
State Bar No. 03299000
tbuckle@sbylaw.com
Jeff Tippens
State Bar No. 24009121
jtippens@sbylaw.com
Scanlan, Buckle & Young, P.C.
602 West 11th Street
Austin, Texas 78701
(512) 478-4651
(512) 478-7750 – Fax

ATTORNEYS FOR APPELLEE
TRAILS END HOMEOWNERS
ASSOCIATION, INC. AND VAN
KEENE

STRASBURGER & PRICE, LLP

By: /s/Derek Quick
Derek Quick
State Bar No. 24072471
derek.quick@strasburger.com
720 Brazos Street, Suite 700
Austin, Texas 78701
(512) 499-3600
(512) 499-3660 - Fax

ATTORNEYS FOR APPELLEES
TLS PROPERTIES, LTD. AND
TLS OPERATING COMPANY,
LLC

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 CERTIFICATE OF CONFERENCE
In accordance with Rule 10.1(a)(5) of the Texas Rules of Appellate

Procedure, this is to certify that on April 16, 2015 the undersigned counsel

for Appellees Trails End Homeowners Association, Inc. and Van Keene

conferred with counsel for Appellant regarding the merits of the foregoing

motion, and Mr. Casey indicated that he agrees with the relief requested

therein. Furthermore, on April 20, 2015 the undersigned counsel also

conferred with Pro Se Appellee, Rick Durapau regarding the merits of the

foregoing motion, and Mr. Durapau indicated that he agrees with the relief

requested therein.

/s/ Christopher Mugica
Christopher Mugica

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 CERTIFICATE OF SERVICE
This is to certify that on this 20th day of April, 2015, a true and correct
copy of the above and foregoing document was electronically mailed to the
parties registered or otherwise entitled to receive electronic notices in this
case pursuant to the Electronic Filing Procedures in this Court and/or via
electronic mail upon:

Stephen Casey
Casey Law Office, P.C.
595 Round Rock West Drive, Suite 102
Round Rock, Texas 78681
Stephen@caseylawoffice.us

Rick Durapau, Pro Se
11907 Misty Brook Drive
Austin, Texas 78727
rdurapau@gmail.com

/s/ Christopher R. Mugica
Christopher R. Mugica

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