ACCEPTED
03-15-00474-CV
7405574
THIRD COURT OF APPEALS
AUSTIN, TEXAS
10/16/2015 10:07:33 AM
JEFFREY D. KYLE
CLERK
NO. 03-15-00474-CV
FILED IN
IN THE COURT OF APPEALS 3rd COURT OF APPEALS
FOR THE THIRD DISTRICT OF TEXAS AUSTIN, TEXAS
AT AUSTIN, TEXAS 10/16/2015 10:07:33 AM
JEFFREY D. KYLE
Clerk
ERMA J. MATTHEWS,
Appellant,
v.
JEROME SOLOMON C/0 EPOCH FILMS, INC.,
MINDY GOLDBERG, AND OTHERS,
Appellees.
On Appeal from the 423rd Judicial District Court of Bastrop County, Texas
(Honorable Christopher D. Duggan, of the 423rd Judicial District Court, Presiding)
Trial Court Cause No. 423-3470
APPELLEES' FIRST MOTION TO EXTEND TIME TO FILE
APPELLEES' BRIEF
Robert P. Latham
State Bar No. 11975500
blatham@jw.com
Noah M. Galton
State Bar No. 24078531
ngalton@jw.com
Jackson Walker L.L.P.
100 Congress Avenue, Suite 1100
Austin, Texas 78701
(512) 236-2000- Telephone
(512) 236-2002- Fax
ATTORNEYS FOR APPELLEES
JEROME SOLOMON AND MINDY
GOLDBERG
IDENTITY OF PARTIES AND COUNSEL
1. Appellant
ERMA J. MATTHEWS
Represented by:
ProSe
25491 Beresford Drive
South Riding, VA 20152
Telephone: 571-933-8413
Facsimile: 571-933-8413
Email: ermajmatthews@yahoo.com
2. Appellees
JEROME SOLOMON
MINDY GOLDBERG
Represented by:
Robert P. Latham
State Bar No. 11975500
blatham@jw.com
Noah M. Galton
State Bar No. 24078531
ngalton@jw.com
Jackson Walker L.L.P.
100 Congress Avenue, Suite 1100
Austin, Texas 78701
(512) 236-2000- Telephone
(512) 236-2002- Fax
11
TO THE HONORABLE COURT:
NOW COME Jerome Solomon and Mindy Goldberg, Appellees herein and
Defendants before the trial court below, and submit their First Motion to Extend
Time to File Appellees' Brief, and would respectfully show as follows:
I. BACKGROUND
1. On October 13, 2015, Appellant Erma J. Matthews ("Appellant") left
a voicemail for Appellees' counsel in regard to an extension of Appellant's
briefing deadline. Appellant did not specify a specific duration for her desired
extension. On October 14, 2015, in response to an inquiry from Appellees'
counsel, Appellant informed Appellees' counsel that she would be seeking a
month-long extension. That same day, Appellant filed her First Motion to Extend
Time to File Appellant's Brief.
2. On October 15, 2015, this Court granted Appellant's request, and
ordered that Appellant's briefing deadline be extended to November 23, 2015.
3. If Appellant's brief is filed on November 23, 2015, Appellees' brief
will be due on December 23, 2015. See TEX. R. APP. P. 38.6(b).
II. ARGUMENT & AUTHORITY
4. Now that Appellant's requested extension has been granted, Appellees
request a reciprocal 30-day extension to file their brief for the following reasons:
First, Appellees' counsel, Noah Galton, is currently set for a 2-week trial in El
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Paso, Texas, beginning on December 4, 2015. Mr. Galton is the primary attorney
who has handled the present lawsuit, both at the trial level and before this Court.
Second, with Appellant's request having been granted, Appellees' briefing
schedule will now encompass the Thanksgiving holiday, as well as several
important religious holidays. As such, Appellees' ability to digest Appellant's
brief and draft their own brief will prove unworkable if Appellees are not granted
an extension.
5. In response to Appellant's October 13 request to Appellees' counsel,
Appellees' counsel informed Appellant of the aforementioned facts. Additionally,
Appellees' counsel conveyed to Appellant that, while Appellees would like to
accommodate Appellant's request, Appellees could only do so if Appellant were
willing to agree to a reciprocal 30-day extension for Appellees' briefing deadline
(allowing Appellees a total of 60 days to respond to Appellant's brief from the date
Appellant's brief is filed).
6. Appellant has not responded to Appellees' requested compromise.
7. Because Appellant's new deadline places Appellees at an undue
hardship, Appellees - pursuant to Texas Rule of Appellate Procedure 38.6(d) -
move for this Court to grant Appellees a reciprocal 30-day extension to file their
appellate brief (allowing Appellees a total of 60 days to respond to Appellant's
brief from the date Appellant's brief is filed). If Appellant files her brief on
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November 23, 2015 (Appellant's new deadline), Appellees' extended deadline will
be January 22, 2016.
8. This is the first extension sought by Appellees in this matter.
III. PRAYER
9. For the aforementioned reasons, Appellees respectfully request that
this Court grant Appellees a 30-day extension to file their appellate brief (allowing
Appellees a total of 60 days to respond to Appellant's brief from the date
Appellant's brief is filed).
Respectfully submitted,
JACKSON WALKER L.L.P.
By: Is/ Noah M Galton
Robert P. Latham
State Bar No. 11975500
blatham@jw .com
Noah M. Galton
State Bar No. 24078531
ngalton@jw.com
Jackson Walker L.L.P.
100 Congress Avenue, Suite 1100
Austin, Texas 78701
(512) 236-2000- Telephone
(512) 236-2002- Fax
ATTORNEYS FOR APPELLEES
JEROME SOLOMON AND MINDY
GOLDBERG
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RULE 9.4 CERTIFICATE OF COMPLIANCE
This document complies with the typeface requirements of TEX. R. APP. P.
9 .4(e) because it has been prepared in a conventional typeface no smaller than 14-
point for text and 12-point for footnotes. This document also complies with the
word-count limitations of TEX. R. APP. P. 9.4(i), if applicable, because it contains
488 words, excluding any parts exempted by TEX. R. APP. P. 9.4(i)(l).
Is/ Noah M Galton
Noah M. Galton
CERTIFICATE OF CONFERENCE
This is to certify that on October 14, 2015, Appellees' counsel attempted to
confer with Appellant about the merits of the foregoing, and Appellant did not
respond in regard to Appellees' requested relief.
Is/ Noah M Galton
Noah M. Galton
CERTIFICATE OF SERVICE
This is to certify that on this 16th day of October, 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 certified mail, return
receipt requested upon:
Erma J. Matthews, ProSe
25491 Beresford Drive
South Riding, VA 20152
Facsimile: 571-933-8413
Is/ Noah M Galton
Noah M. Galton
14940418v.l
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