ACCEPTED
03-15-00529-CV
7941679
THIRD COURT OF APPEALS
AUSTIN, TEXAS
11/23/2015 9:44:04 AM
JEFFREY D. KYLE
CLERK
Case No. 03-15-00529-CV
COURT OF APPEALS FILED IN
3rd COURT OF APPEALS
THIRD DISTRICT OF TEXAS AUSTIN, TEXAS
AT AUSTIN, TEXAS 11/23/2015 9:44:04 AM
JEFFREY D. KYLE
Clerk
MATTHEW ERIC KERSHNER,
Appellant
v.
SAMSUNG AUSTIN SEMICONDUCTOR, LLC,
Appellee.
On Appeal from Cause No. D-1-GN-12-003687
53rd Judicial District Court of Travis County, Texas
Hon. Gisela D. Triana, Presiding
APPELLEE'S UNOPPOSED MOTION FOR
EXTENSION OF TIME TO FILE APPELEE'S BRIEF
TO THE HONORABLE COURT OF APPEALS:
Appellee Samsung Austin Semiconductor, LLC files this Unopposed Motion
for Extension of Time to file its Appellee's Brief, pursuant to Texas Rules of
Appellate Procedure 10.5(b) and 38.6(d), and would respectfully show the Court
the following:
1. Appellee's Brief is due Wednesday, November 25,2015.
APPELLEE'S UNOPPOSED MOTION FOR EXTENSION Page 1
2. Appellee respectfully requests a 14-day extension of its deadline. If
permitted, its brief would be due on Wednesday, December 9, 2015.
3. Appellee has worked diligently to prepare its brief but has also been
preoccupied several matters since Appellant's Brief was filed, including without
limitation the following:
a. Taking over as defense counsel in an ongoing federal action-
Jimenez et al. v. Vyhnalek Trucking et al., pending in the United
States District Court for the Western District of Texas as Civil No.
1: 15-CV-025-L Y-that required immediate attention for matters
including without limitation multiple avenues of investigation of
all damages claims, responding to multiple pending discovery
requests, locating and communicating with a defendant at
previously-unknown location to avoid a default judgment,
evaluating a demand, and organizing and preparing for depositions
of eight different parties.
b. Being retained as defense counsel in a presuit trucking accident
reqmrmg immediate scene investigation and preservation of
evidence.
c. November 4-5: Preparation for and hearing on multiple motions in
Emile Jamail Properties, Inc. v. Cheryl Ogle et al., pending in the
98th Judicial District Court of Travis County, Texas as Cause No.
D-1-GN-14-005051.
d. November 13: Attending a mandatory Firm retreat in Dallas.
e. November 16: Preparation for, travel to and from, and taking the
deposition of the co-defendant in San Antonio, in Pamela Jordan
v. Jose Quiroz et al., pending in the 126th Judicial District Court of
Travis County, Texas as Cause No. D-1-GN-15-000902.
APPELLEE'S UNOPPOSED MOTION FOR EXTENSION Page2
f. November 18: Preparation for, travel to and from, and taking the
deposition of the co-defendant in Brownwood, in Roy Matthew
Pannell v. Keifer James King et al., pending in the 35 1h Judicial
District Court of Brown County, Texas as Cause No. CV-1401004.
g. November 19-20: Meeting with client, preparation for, and
defending the deposition of client, in Pamela Jordan v. Jose
Quiroz et al., pending in the 126th Judicial District Court of Travis
County, Texas as Cause No. D-1-GN-15-000902.
h. November 23: Preparing for and attending a hearing unilaterally-
set by the opposing party with no conferral, in Progressive County
Mutual Insurance Company v. Vintage Legacy Lakes National, LP,
Individually and d/b/a The Vintage at Legacy Apartments, pending
in the Justice Court, Precinct 1, Position 2, Harris County, Texas as
Cause No. CV12C0143996.
Appellee also seeks this extension because undersigned counsel is now making
preparations for out-of-town guests for the Thanksgiving holiday.
4. This is Appellee's first request for an extension of any deadline in this
case.
5. This motion is not made for purposes of delay, but so that justice may
be done.
6. In summary, Appellee requests that its deadline to file its Appellee's
Briefbe extended by 14 days to Wednesday, December 9, 2015.
APPELLEE'S UNOPPOSED MOTION FOR EXTENSION Page3
Respectfully submitted,
FEE, SMITH, SHARP & VITULLO, L.L.P.
T A. SANDERS
State Bar No. 24033152
JEFFREY D. BOYD
State Bar No. 24069404
1801 South MoPac Expressway, Suite 320
Austin, Texas 78746
(512) 4 79-8400
(512) 479-8402 (Fax)
bsanders@feesmi th. com
jboyd@feesmith.com
ATTORNEYS FOR APPELLEE
CERTIFICATE OF CONFERENCE AND COMPLIANCE
I conferred with counsel for the Appellant on November 23, 2015, and he
does not oppose the extension requested in this Motion. 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.
BRET A. SANDERS
JEFFREY D. BOYD
APPELLEE'S UNOPPOSED MOTION FOR EXTENSION Page 4
CERTIFICATE OF SERVICE
THIS WILL CERTIFY that a true and correct copy of the foregoing instrument
has been mailed, telecopied, emailed, or hand-delivered to all attorneys of record in
this cause of action on the 23rd day of November, 2015.
Via Facsimile Via Facsimile
Matthew J. Kita Kenneth "Tray" Gober, III
P.O. Box 5119 Robert W. Lee
Dallas, TX 75208 Lee, Gober & Reyna
(214) 347-7221 (Fax) 11940 Jollyville Road, Suite 220-S
matt@mattkita.com Austin, TX 78759
Appellate and Trial Counsel for Trial Counsel for Appellant
Appellant
----
JEFFREY D. BOYD
APPELLEE'S UNOPPOSED MOTION FOR EXTENSION Page 5