Jack N. McCrary and Suzanne F. McCrary v. William A. Hightower, UBS Financial Services, Inc., B.B. Tuley, Brian Davidson and Panoramic Investigations

ACCEPTED
14-15-00550-CV
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
11/23/2015 1:44:26 PM
CHRISTOPHER PRINE
CLERK

NO. 14-15-00550-CV
______________________________________
FILED IN
14th COURT OF APPEALS
IN THE COURT OF APPEALS FOR THE HOUSTON, TEXAS
FOURTEENTH JUDICIAL DISTRICT 11/23/2015 1:44:26 PM
HOUSTON, TEXAS CHRISTOPHER A. PRINE
______________________________________ Clerk

JACK N. MCCRARY AND SUZANNE F. MCCRARY

Appellants

v.

WILLIAM A. HIGHTOWER, UBS FINANICAL SERVICES, INC., B. B.
TURLEY, BRIAN DAVIDSON AND PANORAMIC INVESTIGATIONS

Appellees.
______________________________________

On Appeal from the 152nd Judicial District Court
of Harris County, Texas, Texas; Trial Court No. 2014-40928
______________________________________

BRIAN DAVIDSON D/B/A PANORAMIC INVESTIGATIONS
AND UBS FINANCIAL SERVICES, INC.’S FIRST JOINT UNOPPOSED
MOTION TO EXTEND TIME TO FILE APPELLEES’ BRIEFS
______________________________________

TO THE HONORABLE FOURTEENTH COURT OF APPEALS:

Appellees Brian Davidson d/b/a Panoramic Investigations (“Panoramic”)

and UBS Financial Services, Inc. (“UBS”) file their first join unopposed motion to

extend the time to file their Appellees’ Briefs under Texas Rules of Appellate

Procedure 38.6(d) and 10.5(b).
 The Clerk’s Record and Supplemental Clerk’s Record were filed on August

27, 2015, and October 20, 2015, respectively. The Reporter’s Record was filed on

October 2, 2015. The Appellants filed their Brief on October 30, 2015. The

Appellees’ Briefs are currently due on November 30, 2015. Panoramic and UBS

request an extension of time to up to and including January 8, 2016 (38 days), to

file their Briefs. Appellants are unopposed.

Panoramic’s counsel is unable to finalize and file Appellee’s brief by the

current deadline due to his involvement in the following matters:

Cause No. 15-10723; Timothy White v. Regional Adjustment Bureau, Inc.
d/b/a RAB, Inc. v. Marshall Meyers; United States Court of Appeal for the
Fifth Circuit. Prepared and filed Appellant’s Brief, which was due on
November 9, 2015. Addition briefing is due by December 7, 2015, and the
case is set for oral argument on December 16, 2015.

Cause No. 2013-45172; Heather Tenini Kuentz, et al. v. The Cole Group,
Inc. et al.; 269th Judicial District Court of Harris County, Texas.
Preparation for initial November 9, 2015, trial setting, and ongoing
involvement in post-summary judgment submissions and hearings as case
transitions to appeal.

Cause No. 08-15-00113-CV; David Sims v. The City of Madisonville and the
Madisonville Police Department; Eighth Judicial District Court of Appeals.
Preparation of motion for reconsideration of motion to dismiss for want of
jurisdiction to be filed the week of November 23, 2015.

Cause No. No. 1:15-CV-00338 JB/CG; Grasshopper Natural Medicine,
LLC, et al. v. Hartford Casualty Insurance Company; United States District
Court for the District of New Mexico. Preparation of written discovery
responses and written discovery requests served November 20, 2015.

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 UBS’s counsel is unable to finalize and file Appellee’s brief by the current

deadline due to his involvement in the following matters:

Virtus Capital L.P. v. Eastman Chemical Company, et al. C.A. No. 9808-
VCL in the Chancery Court for the State of Delaware. Defendants’ reply in
support of motion to compel and opposition to Plaintiff’s motion to compel
due November 30, 2015, oral hearing in Delaware on December 2, 2015,
and opposition to motion for class certification due December 18, 2015;

Merrill Lynch, Pierce, Fenner & Smith Inc. v. Roman Reed and Victor
Barrionuevo, FINRA Arbitration Case No. 15-00553, document productions
due December 1, 2015 and motions to compel due December 23, 2015.

This motion is not sought for the purpose of delay, but to ensure the Court

has adequate and sufficient briefing to aid in its decision-making process.

For these reasons, Appellees Panoramic and UBS respectfully request the

Court to extend Appellees’ deadline to file their Briefs by 38 days, rendering

Appellee’s brief due on or before January 8, 2016. Appellees further request

general relief to which it may be justly entitled.

Respectfully submitted,

CHAMBERLAIN, HRDLICKA, WHITE,
WILLIAMS & AUGHTRY

By: /S/ Steven J. Knight
Steven J. Knight
State Bar No. 24012975
steven.knight@chamberlainlaw.com
1200 Smith, Suite 1400
Houston, Texas 77002
Telephone: (713) 658-1818
Facsimile: (713) 658-2558

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 COUNSEL FOR BRIAN DAVIDSON D/B/A
PANORAMIC INVESTIGATIONS

And

PRATT & FLACK, LLP

By: /S/ Paul D. Flack
Paul D. Flack
State Bar No. 00786930
pflack@prattflack.com
4306 Yoakum Blvd., Suite 500
Houston, Texas 77006
Telephone: (713) 705-3087
Facsimile: (888) 819-2258

COUNSEL FOR UBS FINANCIAL SERVICES,
INC.

CERTIFICATE OF SERVICE
A true and correct copy of the foregoing has been forwarded to all counsel
of record on November 23, 2015, in the manner indicated below:

Counsel for Jack McCrary and Suzanne McCrary:

Arnold Vickery (andy@justiceseekers.com)
Fred Shepherd (fred@justiceseekers.com)

Counsel for William Hightower:

Andrew Harvin (aharvin@drhrlaw.com)
Peter Wells (pwells@drhrlaw.com)

/S/ Steven J. Knight
Steven J. Knight

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 CERTIFICATE OF CONFERENCE
I conferred with Appellants’ counsel Fred Shepherd concerning the relief
requested herein, and Mr. Shepherd stated Appellants were unopposed.

/S/ Steven J. Knight
Steven J. Knight
2028933.1
007205..000021

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