Monty Clay v. AIG Aerospace Insurance Services, Inc.

ACCEPTED
06-15-00024-CV
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
10/5/2015 9:15:30 AM
DEBBIE AUTREY
CLERK

NO. 06-15-00024-CV

IN THE FILED IN
6th COURT OF APPEALS
SIXTH COURT OF APPEALS TEXARKANA, TEXAS
10/5/2015 9:15:30 AM
TEXARKANA, TEXAS
DEBBIE AUTREY
________________________________________________________________________
Clerk

MONTY CLAY, ET AL. APPELLANTS

V.

AIG AEROSPACE INS. SERVS., INC., ET AL. APPELLEES
_________________________________________________________________________

UNOPPOSED MOTION FOR EXTENSION OF TIME TO
FILE BRIEF OF APPELLANTS

Appellants, Monty Clay, individually and as next friend of Jacob Clay and Jonathan

Clay and as personal representative for the estate of Amy Clay, Lynda Wilson, individually,

Brendan Phillips, individually, Dale Phillips, Sr., individually and as the executor and

personal representative of the estate of Dale Leighroy Phillips, Jr., and as next friend of

Grace Ann Phillips, and Karen B. Phillips, request a thirty (30) day extension of the deadline

for filing their brief, pursuant to Tex. R. App. P. 10.

1. October 5, 2015, is the current deadline for filing Appellants’ brief.

2. A thirty (30) day extension is requested.

3. The following facts are relied on to reasonably explain the need for an

extension. Keith Dollahite (the “attorney”) has not had adequate time to review the record,

research the law, and prepare a brief.

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September 4 The attorney received notice that Appellants’ brief was due on October
5, 2015

September 5 Saturday.

September 6 Sunday.

September 7 Labor Day holiday recognized.

September 8 The attorney reviewed the record and prepared the Brief of Appellees
in another appeal; prepared discovery responses in order to comply with
deadlines in a state court case; and prepared closing documents for the
sale of corporate stock.

September 9 The attorney reviewed the record and prepared the Brief of Appellees
in another appeal; prepared pleadings in order to comply with deadlines
in a state court lawsuit; drafted settlement documents in a case in
federal court; and prepared closing documents for a complex probate
estate and related lawsuits.

September 10 The attorney prepared discovery responses in order to comply with
deadlines in a case in state court; and reviewed the record and prepared
the Brief of Appellees in another appeal.

September 11 The attorney reviewed the record and prepared the Brief of Appellees
in another appeal; prepared pleadings in order to comply with deadlines
in a state court lawsuit; drafted settlement documents in a case in
federal court; and prepared closing documents for a complex probate
estate and related lawsuits.

September 12 Saturday.

September 13 Sunday.

September 14 The attorney reviewed the record and prepared the Brief of Appellees
in another appeal; drafted settlement documents in a case in federal
court; and prepared closing documents for a complex probate estate
and related lawsuits.

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September 15 The attorney reviewed the record and prepared the Brief of Appellees
in another appeal.

September 16 The attorney prepared closing documents for a complex probate estate
and related lawsuits; and met with co-counsel to prepare for trial in a
case in state court.

September 17 The attorney reviewed records to produce in discovery and use at trial
in a case in state court.

September 18 The attorney reviewed records to produce in discovery and use at trial
in a case in state court.

September 19 Saturday. The attorney reviewed records to produce in discovery and
use at trial in a case in state court.

September 20 Sunday. The attorney reviewed records to produce in discovery and use
at trial in a case in state court.

September 21 The attorney reviewed records to produce in discovery and use at trial
in a case in state court.

September 22 The attorney reviewed records to produce in discovery and use at trial
in a case in state court; reviewed an arbitration demand and prepared a
response; drafted settlement documents in a case in federal court; and
prepared closing documents for a complex probate estate and related
lawsuits.

September 23 The attorney prepared discovery responses in order to comply with
deadlines in a case in state court; reviewed pleadings, tax warrant, and
check register in a tax suit; and met with co-counsel and experts to
prepare for trial in a case pending in state court.

September 24 The attorney prepared discovery responses and pre-trial disclosures in
order to comply with deadlines in a case in state court; reviewed an
EEOC charge and prepared a statement of position in response to same;
and participated in a conference in a state court case where the attorney
is serving as an ad litem.

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September 25 The attorney prepared discovery responses and pre-trial disclosures in
order to comply with deadlines and communicated with experts
regarding same in a case in state court.

September 26 The attorney reviewed records to produce in discovery and use at trial
and prepared pleadings and discovery responses in order to comply
with deadlines in a case in state court.

September 27 The attorney reviewed records to produce in discovery and use at trial
and prepared pleadings and discovery responses in order to comply
with deadlines in a case in state court.

September 28 The attorney reviewed records to produce in discovery and use at trial
and prepared pleadings and discovery responses in order to comply
with deadlines in a case in state court; drafted settlement documents
and conferred with opposing counsel and ad litem in a case in federal
court.

September 29 The attorney drafted settlement documents, conferred with opposing
counsel and ad litem, prepared for a hearing scheduled for the
following day in a case in federal court; met with a client to discuss
form contracts for residential construction projects; prepared a non-
disclosure agreement for a corporate client; and prepared discovery
responses in order to comply with deadlines in a case in state court.

September 30 The attorney prepared for and attended a hearing in Marshall in a case
in federal court; and prepared discovery responses and pleadings in
order to comply with deadlines in a case in state court, as well as
prepared for a hearing scheduled for the following day.

October 1 The attorney prepared for and attended a hearing and prepared
discovery responses and pleadings in order to comply with deadlines
in a case pending in state court; and reviewed the record and prepared
the Brief of Appellees in another appeal.

October 2 The attorney reviewed the record and prepared the Brief of Appellees
in another appeal.

October 3 Saturday. The attorney reviewed the record and prepared the Brief of
Appellees in another appeal.

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October 4 Sunday. The attorney reviewed the record and prepared the Brief of
Appellees in another appeal.

October 5 The attorney reviewed the record and prepared the Brief of Appellees
in another appeal.

4. The attorney plans to complete the Appellants’ brief within the thirty (30)

days of the current deadline, or November 4, 2015.

5. This is Appellants’ first request for an extension of this deadline.

WHEREFORE, Appellants, Monty Clay, individually and as next friend of Jacob Clay

and Jonathan Clay and as personal representative for the estate of Amy Clay, Lynda Wilson,

individually, Brendan Phillips, individually, Dale Phillips, Sr., individually and as the

executor and personal representative of the estate of Dale Leighroy Phillips, Jr., and as next

friend of Grace Ann Phillips, and Karen B. Phillips, request the Court to grant this motion.

Respectfully submitted,

M. KEITH DOLLAHITE, P.C.
5457 Donnybrook Avenue
Tyler, Texas 75703
(903) 581-2110
(903) 581-2113 (Facsimile)

/s/ Keith Dollahite
By:______________________________________
M. Keith Dollahite
State Bar No. 05958550

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