ACCEPTED
04-15-00507-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
9/24/2015 1:13:35 PM
KEITH HOTTLE
CLERK
No. 04-15-00507-CV
IN THE COURT OF APPEALS FILED IN
4th COURT OF APPEALS
FOR THE FOURTH DISTRICT OF TEXAS SAN ANTONIO, TEXAS
AT SAN ANTONIO 09/24/2015 1:13:35 PM
KEITH E. HOTTLE
Clerk
ESTATE OF SHIRLEY L. BENSON;
THOMAS MILTON BENSON
AS TRUSTEE OF THE
SHIRLEY L. BENSON TESTAMENTARY TRUST,
Appellant,
v.
RENEE BENSON,
Appellee.
Appeal from Probate Court No. 2, Dallas County, Texas,
Trial Court Cause 155,572 & 155,572-A
UNOPPOSED MOTION FOR EXTENSION OF
TIME TO FILE BRIEF OF APPELLANT
TO THE HONORABLE COURT OF APPEALS:
Appellant, Thomas Milton Benson, as Trustee of the Shirley L. Benson
Testamentary Trust, respectfully files this unopposed first motion for extension of
time to file his appellant’s brief.
1. The present deadline for filing the brief is September 24, 2015.
2. Appellant seeks a 30-day extension, until October 26, 2015, in which
to file his brief.
3. This is Appellant’s first request for an extension of time to file his
brief.
4. This motion is unopposed.
5. The following grounds provide “good cause” for extending the time to
file the brief.
Lead counsel, David Beck, has been and continues to be engaged in other
litigation with imminent deadlines that will prevent him from completing the brief
before the present deadline, including, but not limited to, the following:
Preparation for trial in No. 4:13-cv-02906; Exxon Mobil
Corporation v. FX Networks, LLC, et al; In the United States
District Court for the Southern District of Texas, Houston
Division. The pretrial conference was held on September 1, 2015.
Preparation for hearing in No. 4:09-CV-03884; Yoseff Cohen, et al.
v. Oscar S. Wyatt, Jr. et al.; In the United States District Court for
the Southern District of Texas, Houston Division. The hearing was
held on September 17, 2015.
Preparation for hearing on motion to dismiss in No. 416-04639-
2014; Hasmukh Patel v. Kirit Patel; In the 416th Judicial District
Court of Collin County, Texas. The hearing was originally
scheduled for September 18, 2015 (rescheduled).
Preparation for hearing on multiple motions and trial in No. 2009-
60726, Exxon Mobile Corporation v. Trade Exploration Corp., et
al., In the 189th Judicial District Court of Harris County, Texas.
The hearing originally scheduled for September 11, 2015, but was
rescheduled by court for September 25, 2015.
Preparation for trial in No. 4:13-cv-02532; The City of Houston,
Texas v. Xerox State and Local Solutions, Inc., a/k/a and f/k/a ACS
State and Local Solutions, Inc.; In the United States District Court
for the Southern District of Texas, Houston Division. The pretrial
conference is set for October 8, 2015, and trial begins on October
13, 2015.
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Additionally, appellate counsel, Russell Post, has been and continues to be
engaged in other litigation with imminent deadlines that will prevent him from
completing the brief before the present deadline, including, but not limited to, the
following:
Preparation for presentation of oral argument in No. 13-0961;
Occidental Chemical Corporation v. Jason Jenkins; In the Texas
Supreme Court. Oral argument was held on September 3, 2015.
Preparation of brief of appellee in 15-20030; Environment Texas
Citizen Lobby, Inc., et al. v. ExxonMobil Corporation, et al.; In the
United States Court of Appeals for the Fifth Circuit. The brief was
filed on September 10, 2015, after two extensions.
Assistance with preparation of reply brief in No. 05-14-01383-CV;
Enterprise Products Partners, L.P., et al. v. Energy Transfer
Partners, L.P.; In the Fifth Court of Appeals. The reply brief was
filed on September 18, 2015, after two extensions.
Preparation for presentation of oral argument in No. 15-0146;
Doris Forte, O.D., et al. v. Wal-Mart Stores, Incorporated; In the
Texas Supreme Court. The argument was held on September 23,
2015, in Austin, Texas.
Preparation of brief of appellant in No. 03-15-00248-CV; Brigham
Exploration Company, et al v. Raymond Boytim, et al.; In the
Third Court of Appeals. The brief is due to be filed on or before
September 29, 2015, after two extensions.
Preparation of jury charge and trial in No. 2013-61098; Scott D.
Martin and SKM Partnership, Ltd. v. Andrews Kurth LLP; In the
234th Judicial District Court of Harris County, Texas. The jury
charge is due on September 28, and the trial begins on October 5,
2015.
Preparation of brief of appellee in No. 01-15-00306-CV; Hercules
Offshore Services, LLC, et al. v. George True Tillman; In the First
Court of Appeals. The brief is due to be filed on or before October
14, 2015.
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Preparation for presentation of oral argument in No. 05-14-01148-
CV; Greenwood Motor Lines, Inc., et al. v. Bobbie Bush; In the
Fifth Court of Appeals. Oral argument is scheduled for October
20, 2015, in Dallas, Texas.
6. This motion is not filed for the purpose of delay, but to allow counsel
adequate time to prepare the brief.
For these reasons, Appellant requests that this Court grant an extension of
time to file his brief until October 26, 2015.
Respectfully submitted,
BECK REDDEN LLP
By: /s/ David J. Beck
David J. Beck
State Bar No. 00000070
dbeck@beckredden.com
Russell S. Post
State Bar No. 00797258
rpost@beckredden.com
Troy Ford
State Bar No. 24032181
tford@beckredden.com
Owen J. McGovern
State Bar No. 24092804
omcgovern@beckredden.com
1221 McKinney, Suite 4500
Houston, TX 77010
(713) 951-3700
(713) 951-3720 (Fax)
Attorneys for Appellant
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CERTIFICATE OF CONFERENCE
I certify that my office conferred with Counsel for Appellee, and Appellee
does not oppose the requested extension.
/s/ David J. Beck
David J. Beck
CERTIFICATE OF SERVICE
I hereby certify that on September 24, 2015, a true and correct copy of the
above and foregoing motion was forwarded to all counsel of record by the
Electronic Filing Service Provider as follows:
Bennett L. Stahl Harriet O’Neill
CURL STAHL GEIS LAW OFFICE OF HARRIET O’NEILL, P.C.
700 N. St. Mary’s St., Suite 1800 919 Congress Ave., Suite 1400
San Antonio, TX 78205 Austin, TX 78701
blstahl@csg-law.com honeill@harrietoneilllaw.com
Emily Harrison Liljenwall Douglas Alexander
SCHOENBAUM, CURPHY & SCANLAN, P.C. ALEXANDER, DUBOSE, JEFFERSON &
112 E. Pecan, Suite 3000 TOWNSEND LLP
San Antonio, TX 78205 515 Congress Ave., Suite 2350
eliljenwall@scs-law.com Austin, TX 78701
dalexander@adjtlaw.com
Attorneys for Appellee Renee Benson
Ellen B. Mitchell Steven R. Brook
DYKEMA COX SMITH Langley & Banack, Inc.
112 E. Pecan St., Suite 1800 745 E. Mulberry, Ste. 900
San Antonio, TX 78205 San Antonio, TX 78212
emitchell@dykema.com sbrook@langleybanack.com
Attorneys for Co-Receiver Attorneys for Co-Receiver
Phil Hardberger Arthur H. Bayern
/s/ David J. Beck
David J. Beck
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