Matthew Eric Kershner v. Samsung Austin Semiconductor, LLC

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