ACCEPTED
14-15-00024-CV
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
5/19/2015 3:51:51 PM
CHRISTOPHER PRINE
CLERK
No. 14-15-00024-CV
FILED IN
IN THE FOURTEENTH COURT OF APPEALS14thHOUSTON,
COURT OF APPEALS
TEXAS
HOUSTON, TEXAS 5/19/2015 3:51:51 PM
CHRISTOPHER A. PRINE
Clerk
MICROSOFT CORPORATION,
Appellant,
v.
MICHAEL MERCIECA,
Appellee.
On Appeal from the 353rd District Court, Travis County, Texas
Trial Court Cause No. D-1-GN-11-00130
The Honorable Tim Sulak, Presiding
AGREED MOTION TO AMEND SCHEDULING ORDER
Microsoft Corporation (“Microsoft”) respectfully files this agreed motion to
amend scheduling order, in support thereof, shows the following:
1. On February 23, 2015, Microsoft filed its Appellant’s Brief.
2. Thereafter, counsel for the parties conferred and agreed upon a
briefing schedule that would permit Michael Mercieca (“Mercieca”) to file a
combined appellee/cross-appellant’s brief on March 25, 2015. The agreement also
encompassed a schedule and word limits for all subsequent briefs. See Exhibit A.
3. On March 12, 2015, this Court entered an order granting the joint
motion. See Exhibit B.
4. Thereafter, Mercieca sought and obtained additional extensions, such
that his combined appellee/cross-appellent’s brief was filed on May 15, 2015.
5. The Court’s docket for this case currently states that a “reply” is due
on June 15 and a “response” is due on July 6. See Exhibit C.
6. A postcard notification dated May 12, 2014, which granted
Mercieca’s last extension request, described the remaining deadlines more
specifically as follows:
“Microsoft’s response [to the cross-appellant’s brief] is now due June 15,
2015”
“Microsoft’s reply [in support of its appellant’s brief] and Mercieca’s reply
[in support of his cross-appellant’s brief] now due July 6, 2015.”
See Exhibit D. These deadlines reflect the sequence anticipated by the parties’
agreement that this Court previously sanctioned. See Exhibit B.
7. Because the calendar entries on the Court’s electronic docket (Exhibit
C) and the deadlines described in the Clerk’s notification (Exhibit D) are not
precisely the same, the parties respectfully ask that the Court enter an amended
order clarifying that all remaining briefs are due as follows:
Microsoft’s response to the cross-appellant’s brief is due June 15, 2015;
Microsoft’s reply [in support of its appellant’s brief] and Mercieca’s reply
[in support of his cross-appellant’s brief] are due on July 6, 2015.
CONCLUSION AND PRAYER
For the foregoing reasons, Microsoft respectfully asks, and Mercieca agrees,
that this Court grant the agreed motion to amend scheduling order and direct the
Clerk to amend the electronic docket to reflect the specific deadlines described
above.
Respectfully submitted,
BECK REDDEN LLP
By: /s/ Gretchen S. Sween
Eric J.R. Nichols
State Bar No. 14994900
enichols@beckredden.com
Gretchen S. Sween
State Bar No. 24041996
gsween@beckredden.com
515 Congress Avenue, Suite 1750
Austin, TX 78701
(512) 708-1000
(512) 708-1002 (Fax)
Russell S. Post
State Bar No. 00797258
rpost@beckredden.com
Kate Skagerberg
State Bar No. 24058578
kskagerberg@beckredden.com
1221 McKinney Street, Suite 4500
Houston, TX 77010
(713) 951-3700
(713) 951-3720 (Fax)
COUNSEL FOR APPELLANT/CROSS-
APPELLEE MICROSOFT
CORPORATION
SMITH LAW GROUP, P.C.
By: /s/ D. Todd Smith by permission
D. Todd Smith
State Bar No. 00797451
todd@appealsplus.com
1250 Capital of Texas Highway South
Austin, TX 78746
(512) 439-3230
(512) 439-3232 (Fax)
LEAD APPELLATE COUNSEL FOR
APPELLEE/CROSS-APPELLANT
MICHAEL MERCIECA
CERTIFICATE OF SERVICE
I hereby certify that on May 19, 2015, a true and correct copy of the
foregoing has been served on all counsel of record by the e-filing service provider,
if registered, otherwise by email, as follows:
Paul T. Morin
pmorin@austin.rr.com
Roy A. Pollack
roypollack@yahoo.com
503 W. 14th Street
Austin, TX 78701
D. Todd Smith
Smith Law Group, P.C.
todd@appealsplus.com
1250 Capital of Texas Highway South
Three Cielo Center, Suite 601
Austin, TX 78746
Counsel for Appellee/Cross-Appellant, Michael Mercieca
/s/ Gretchen S. Sween
Gretchen S. Sween
Exhibit A
Order filed March 12, 2015
In The
NO. 14-15-00024-CV
APPELLANT, MICROSOFT CORPORATION// CROSS-APPELLANT,
MICHAEL MERCIECA, Appellant
v.
APPELLEE, MICHAEL MERCIECA// CROSS-APPELLEE, MICROSOFf
CORPORATION, Appellee
On Appeal from the 345th District Court
Travis County, Texas
Trial Court Cause No. D-1-GN-11-001 030
ORDER
The parties to this appeal filed a joint motion to adopt a briefing schedule
and for leave to assert cross-points in appellee's brief. The motion is granted.
Accordingly, we order the following:'
1
M iscrosoft 's opening brief as appellant was filed February 23, 2015.
• Mercieca's brief as appellee/cross-appellant shall be due no later than
March 25, 2015 25,000-word limit, 15,000 for the appellee's portion
and 10,000 for the cross-appellant's portion);
• Microsoft's response to Mercieca's cross-appeal shall be due 30 days
after Mercieca's opening brief is filed (10,000-word limit);
• Microsoft's reply brief as appellant and Mercieca's reply brief as
cross-appellant shall be due 20 days after Microsoft's response to
Mercieca's cross-appeal is filed (7,500-word limit for each brief).
PERCURIAM
Exhibit B
Order filed March 12, 2015
In The
NO. 14-15-00024-CV
APPELLANT, MICROSOFT CORPORATION// CROSS-APPELLANT,
MICHAEL MERCIECA, Appellant
v.
APPELLEE, MICHAEL MERCIECA// CROSS-APPELLEE, MICROSOFf
CORPORATION, Appellee
On Appeal from the 345th District Court
Travis County, Texas
Trial Court Cause No. D-1-GN-11-001 030
ORDER
The parties to this appeal filed a joint motion to adopt a briefing schedule
and for leave to assert cross-points in appellee's brief. The motion is granted.
Accordingly, we order the following:'
1
M iscrosoft 's opening brief as appellant was filed February 23, 2015.
• Mercieca's brief as appellee/cross-appellant shall be due no later than
March 25, 2015 25,000-word limit, 15,000 for the appellee's portion
and 10,000 for the cross-appellant's portion);
• Microsoft's response to Mercieca's cross-appeal shall be due 30 days
after Mercieca's opening brief is filed (10,000-word limit);
• Microsoft's reply brief as appellant and Mercieca's reply brief as
cross-appellant shall be due 20 days after Microsoft's response to
Mercieca's cross-appeal is filed (7,500-word limit for each brief).
PERCURIAM
Exhibit C
Case Detail Page 1 of 3
CASE: 14-15-00024-CV
DATE FILED: 01/08/2015
CASE TYPE: MISCELLANEOUS/OTHER CIVIL
STYLE: APPELLANT, MICROSOFT CORPORATION// CROSS-APPELLANT, MICHAEL MERCIECA
V.: APPELLEE, MICHAEL MERCIECA// CROSS-APPELLEE, MICROSOFT CORPORATION
ORIG PROC: NO
TRANSFER FROM: 3RD COURT OF APPEALS
TRANSFER IN: 01/08/2015
TRANSFER CASE: 03-14-00747-CV
TRANSFER TO:
TRANSFER OUT:
PUB SERVICE:
A P P E L L A TE B R I E F S
DATE EVENT TYPE DESCRIPTION DOCUMENT
BRIEF [ PDF/2.10 MB ]
05/15/2015 BRIEF FILED - ORAL ARGUMENT REQUESTED APPELLEE
NOTICE [ PDF/91 KB ]
BRIEF [ PDF/8.24 MB ]
02/23/2015 BRIEF FILED - ORAL ARGUMENT REQUESTED APPELLANT
NOTICE [ PDF/91 KB ]
CASE EVENTS
DATE EVENT TYPE DESCRIPTION DISPOSITION DOCUMENT
BRIEF
BRIEF FILED - ORAL [ PDF/2.10 MB ]
05/15/2015 ARGUMENT APPELLEE
NOTICE
REQUESTED
[ PDF/91 KB ]
MOTION
05/15/2015 MOTION FILED APPELLEE
[ PDF/205 KB ]
APPELLEES BRIEF
05/15/2015
DUE
MOTION FOR
EXTENSION OF TIME NOTICE
05/12/2015 APPELLEE GRANTED
TO FILE BRIEF [ PDF/89 KB ]
DISPOSED
MOTION FOR MOTION
05/07/2015 EXTENSION OF TIME APPELLEE
[ PDF/160 KB ]
TO FILE BRIEF FILED
http://www.search.txcourts.gov/Case.aspx?cn=14-15-00024-CV&coa=coa14&p=1 5/19/2015
Case Detail Page 2 of 3
DATE EVENT TYPE DESCRIPTION DISPOSITION DOCUMENT
APPELLEES BRIEF
04/24/2015 CROSS-APPELLANT
DUE
MOTION FOR MOTION
04/23/2015 EXTENSION OF TIME APPELLEE
[ PDF/156 KB ]
TO FILE BRIEF FILED
MOTION FOR
EXTENSION OF TIME NOTICE
04/02/2015 CROSS-APPELLANT GRANTED
TO FILE BRIEF [ PDF/95 KB ]
DISPOSED
04/01/2015 REPLY BRIEF DUE
APPELLEES BRIEF
03/25/2015
DUE
MOTION FOR MOTION
03/17/2015 EXTENSION OF TIME CROSS-APPELLANT
[ PDF/166 KB ]
TO FILE BRIEF FILED
NOTICE
03/12/2015 ORDER ENTERED
[ PDF/91 KB ]
JOINT - APPELLANT MOTION
02/25/2015 MOTION FILED
AND APPELLEE [ PDF/191 KB ]
BRIEF
BRIEF FILED - ORAL [ PDF/8.24 MB ]
02/23/2015 ARGUMENT APPELLANT
NOTICE
REQUESTED
[ PDF/91 KB ]
APPELLANTS BRIEF
02/23/2015
DUE
02/03/2015 LETTER FILED APPELLEE
01/30/2015 CLERKS RECORD DUE
SUPPLEMENTAL NOTICE
01/23/2015 CLERKS RECORD APPELLANT
[ PDF/90 KB ]
FILED
CLERKS RECORD NOTICE
01/23/2015 APPELLANT
FILED [ PDF/103 KB ]
DOCKETING
01/08/2015 APPELLANT
STATEMENT FILED
CASE TRANSFERRED
TO THIS COURT NOTICE
01/08/2015
FROM ANOTHER [ PDF/118 KB ]
COURT OF APPEALS
CASE TRANSFERRED
FROM THIS COURT
01/08/2015
TO ANOTHER COURT
OF APPEALS
RECORD CHECKED
12/16/2014
OUT
12/10/2014 EXHIBITS FILED COURT REPORTER
REPORTERS RECORD NOTICE
12/10/2014 COURT REPORTER
FILED [ PDF/74 KB ]
http://www.search.txcourts.gov/Case.aspx?cn=14-15-00024-CV&coa=coa14&p=1 5/19/2015
Case Detail Page 3 of 3
DATE EVENT TYPE DESCRIPTION DISPOSITION DOCUMENT
NOTICE OF APPEAL NOTICE
12/09/2014 FILED IN COURT OF CROSS-APPELLANT
[ PDF/83 KB ]
APPEALS
DOCKETING
12/04/2014 APPELLANT
STATEMENT FILED
NOTICE OF APPEAL NOTICE
11/24/2014 FILED IN COURT OF APPELLANT
[ PDF/78 KB ]
APPEALS
CA L E N DA R S
SET DATE CALENDAR TYPE REASON SET
EXTENSION OF TIME TO FILE
05/15/2015 MOTION
APPELLEES BRIEF
06/15/2015 STATUS REPLY BRIEF DUE
07/06/2015 STATUS RESPONSE DUE
PARTIES
PARTY PARTYTYPE REPRESENTATIVE
GRETCHEN S. SWEEN
MICROSOFT CORPORATION APPELLANT ERIC NICHOLS
KATHRYN SKAGERBERG
ROY A. POLLACK
MERCIECA, MICHAEL APPELLEE D. TODD SMITH
PAUL T. MORIN
TR I AL C O U RT I NF O R M A T I O N
COURT: 345TH DISTRICT COURT
COUNTY: TRAVIS
COURT JUDGE: HONORABLE TIM SULAK
COURT CASE: D-1-GN-11-001 030
COURT REPORTER: RHONDA WATSON
PUNISHMENT:
http://www.search.txcourts.gov/Case.aspx?cn=14-15-00024-CV&coa=coa14&p=1 5/19/2015
Exhibit D
I IU; CUJ'Y
r~
~~ FOURTEENTH COURT OF APPEALS
~ " 301 Fannin, Suite 245
";.'."/ Houston, Texas 77002
..::;~t:,,..•
Tuesday, May 12, 2015
RE : Case No. 1 4 -15-00024 -CV
Style: Appellant, Microsoft Corporation// Cross-Appellant, Michael Mercieca
v. Appellee, Michael Mercieca// Cross- Appellee , Microsoft Corporat i o n
Please be advised that on this date the Court GRANTED APPELLEE'S
motion to extend time to file their brief in the above ca u se, time extended
to and i ncluding May 15, 2015. Microsoft's rosponse is now due June 15,
?015, Microsoft's reply and Mercieca's reply now due July 6, 2015.
T. c. Case # O-l-GN-11-001 030 Christopher Prine, Cl erk
D. Todd Smith
Smith Law Gr oup, P . C.
1 250 Capital o f Texas Highway South
Three Cielo Center, Suite 601
Austin, TX 78746
DELIVERED VIA E-MAIL
r.Sl"~7;~~'l FOURTEENTH COURT OF APPEALS
~ 301 Fannin, Suite 245
•.Jf"
...:t:··
Houston, Texas 77002
Tuesday, May 12, 2015
RE : Case No . 14- 1 5-00024-CV
Style : App ellant , Microsof t Corporation/ / Cross - Appellant , Michael Merc i eca
v . Appellee, Mi chael Mercieca// Cross - Appellee , Mic rosoft Corporation
Please be advised that on this date t he Court GRANTED APPBLLEE' S
motion to extend time to file their brief in the above cause, time extended
Lo and including May 15, 2015. Microsof t 's response is now due June 15,
2015 , Mi crosoft' s reply and Mercieca ' s reply now due July 6, 2015.
T. C. Case # D- 1 -GN-11-001 030 Christop her Prine , Clerk
Gretchen S. Sween
Beck Redden LLP
5 15 Congress Avenue, Suite 1 750
Austin, TX 78701
DELIVERED VIA E-MAIL