ACCEPTED
03-15-00522-CV
8129133
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/8/2015 9:19:12 AM
JEFFREY D. KYLE
CLERK
No. 03-15-00522-CV
_____________________________________ FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
In the Third Court of Appeals 12/8/2015 9:19:12 AM
JEFFREY D. KYLE
_____________________________________ Clerk
MICHAEL W. SCHUETZ AND JAMIE K. SCHUETZ,
Appellants,
V.
SOURCE ONE MORTGAGE SERVICES CORPORATION; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.; CITIMORTGAGE, INC.; AND BARRETT DAFFIN
FRAPPIER TURNER & ENGLE, ROBERT FERGUSON, AND BARBARA FERGUSON,
Appellees.
_____________________________________
On Appeal from Cause No. C2013-1445C
247th Judicial District Court, Comal County, Texas
Hon. Dib Waldrip, Judge Presiding
UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE BRIEF OF APPELLEES
TO THE HONORABLE THIRD COURT OF APPEALS:
Pursuant to Texas Rules of Appellate Procedure 38.6(d), Appellees
CitiMortgage, Inc., individually and as successor by merger to Source One
Mortgage Services Corporation, and Mortgage Electronic Registration Systems,
Inc. respectfully move the Court to extend the time for filing their Appellees’ Brief
by 30 days to February 3, 2016. The grounds for the motion are as follows:
1. Background: The Clerk’s Record in this appeal was filed on
September 4, 2015. Appellants’ brief was filed on December 2, 2015 after two
unopposed extensions. Appellees’ brief is currently due on January 4, 2016.
2. Appellees respectfully request a 30-day extension of time to complete
and file their Appellees’ brief. Appellees have not received any previous
extensions on their brief.
3. Grounds for the extension:
Susan Kidwell, as lead appellate counsel, has primary responsibility for
preparing Appellees’ brief. Ms. Kidwell has a number of commitments during the
briefing period that have impeded Appellees’ ability to prepare their brief by the
current deadline. These commitments include:
December 18, 2015: Cause No. D-1-GN-14-004462; Freestone Power
Generation, LLC v. Texas Commission on Environmental Quality; in the 126th
Judicial District Court, Travis County, Texas – Brief in Support of Petition for
Judicial Review due
December 18, 2015: Cause No. D-1-GN-14-004463; Freeport Energy
Center, LLC v. Texas Commission on Environmental Quality; in the 200th Judicial
District Court, Travis County, Texas – Brief in Support of Petition for Judicial
Review due
December 18, 2015: Cause No. D-1-GN-14-004471; Brazos Valley Energy
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LLC v. Texas Commission on Environmental Quality; in the 98th Judicial District
Court, Travis County, Texas – Brief in Support of Petition for Judicial Review
due
December 18, 2015 – January 1, 2016: out of town for family vacation to
Australia.
4. This is the first extension request.
5. Counsel for the other parties to this appeal have indicated that they are
unopposed to this Motion.
PRAYER
WHEREFORE, Appellees CitiMortgage, Inc., individually and as successor
by merger to Source One Mortgage Services Corporation, and Mortgage Electronic
Registration Systems, Inc. pray that this Motion be granted and that the time for
filing their Appellees’ Brief be extended by 30 days to February 3, 2016.
Appellees also pray for such other and further relief to which they may be entitled
at law or in equity.
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Respectfully submitted,
LOCKE LORD LLP
By:
B. David L. Foster
State Bar No. 24031555
dfoster@lockelord.com
Susan A. Kidwell
State Bar No. 24032626
skidwell@lockelord.com
Daniel Durell
State Bar No. 24078450
daniel.durell@lockelord.com
600 Congress Avenue, Suite 2200
Austin, Texas 78701
512-305-4700 (Telephone)
512-305-4800 (Facsimile)
Robert T. Mowrey
State Bar No. 14607500
rmowrey@lockelord.com
LOCKE LORD LLP
2200 Ross Avenue, Suite 2200
Dallas, Texas 75201
214-740-8000 (Telephone)
214-740-8800 (Facsimile)
COUNSEL FOR CITIMORTGAGE, INC.,
INDIVIDUALLY AND AS SUCCESSOR BY
MERGER TO SOURCE ONE MORTGAGE
SERVICES CORPORATION, AND
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.
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CERTIFICATE OF CONFERENCE
On December 4, 2015, I contacted Stephen Casey, counsel for Appellants,
Mark Hopkins, counsel for Appellees (BDFT&E), and David Pfeuffer, counsel for
Appellees (Fergusons), by email. All counsel indicated by return email that they
do not oppose this request for a 30-day extension.
Susan A. Kidwell
CERTIFICATE OF SERVICE
I hereby certify that on December 8, 2015, a true and correct copy of the
foregoing was served via EFileTx.gov upon the following:
Stephen Casey Mark Hopkins
stephen@caseylawoffice.us mark@hopkinslawtexas.com
CASEY LAW OFFICE, P.C. HOPKINS LAW
595 Round Rock West Drive 12117 Bee Caves Road
Suite 102 Suite 260
Round Rock, Texas 78681 Austin, Texas 78738
Counsel for Appellants Counsel for Appellees (BDFT&E)
David Pfeuffer
dpfeuffer@nblawyers.net
BRAZLE & PFEUFFER, L.L.P.
170 E. San Antonio Street
New Braunfels, TX 78130
Counsel for Appellees (Fergusons)
Susan A. Kidwell
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Michael W. Schuetz and Jamie K. Schuetz v. Source One Mortgage Services Corporation Mortgage Electronic Registration Systems, Inc. Citimortgage, Inc. Barrett Daffin Frappier Turner & Engle Robert Ferguson, and Barbara Ferguson
Combined Opinion