David Martin Camp and Bargains for Millionaires LLC D/B/A Revival v. Dawn Patterson

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ACCEPTED 03-16-00733-CV 14564354 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/4/2017 4:33:21 PM JEFFREY D. KYLE CLERK 03-16-00733-CV FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 1/4/2017 4:33:21 PM In the JEFFREY D. KYLE Clerk Third Court of Appeals SITTING AT AUSTIN DAVID MARTIN CAMP AND BARGAINS FOR MILLIONAIRES, LLC D/B/A REVIVAL Appellants, V. DAWN PATTERSON, Appellee Appealed from the 126 th District Court Travis County Texas Trial Court Cause No. D-1-GN-16-002212 APPELLEE'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEE'S BRIEF Joshua R. Hilbe Texas State Bar No. 24092513 jhilbe@chadpinkerton.com THE PINKERTON LAW FIRM 5020 Montrose Blvd., Suite 550 Houston, Texas 77006 Phone: (713) 360-6722 Fax: (713) 360-6810 Attorneys for Appellee A, INTRODUCTION 1. Appellants are DAVID MARTIN CAMP and BARGAINS FOR MILLIONAIRES, LLC d/b/a REVIVAL. Appellee is DAWN PATTERSON. 2. This is an appeal from the trial court's October 10, 2016 denial of a motion to dismiss pursuant to the Texas Anti-SLAPP statute or the Texas Citizens Participation Act. See Tex. Civ. Prac. & Rem. Code Ann. §27.003. 3. Appellant's brief was filed on December 15, 2016. 4. This motion to extend time is filed before Appellee's brief is due. 5. This motion is unopposed. B. ARGUMENT AND AUTHORITIES 6. If a motion for extension complies with Rule I 0.5(b ), the Court has authority to extend the time for a party to file a brief. Tex. R. App. P. 38.6(d). The motion can be filed "before or after the date the brief is due." Id. This motion complies with Tex. R. App. P. 10.5(b) 7. Appellee's brief is due on or before January 5, 2017. 8. No prior extension has been granted to file Appellee's brief. 9. Appellee requests an additional 20 days to file her brief, extending the deadline to January 25, 2017. 10. To be entitled to an extension, appellees must state facts that reasonably explain the need for an extension. Tex. R. App. P. 10.5(b)(l)(C). A "reasonable explanation" is "any plausible statement of circumstances" indicating the need for additional time. Hone v. Hanafin, 104 S.W.3d 884, 886 (Tex. 2003). Appellee needs additional time to prepare and file her brief for the following reasons: -2- a. Appellee's counsel, along with co-counsel J. Joshua Collum, was in trial all day on January 3, 2017 in Cause No. 2015-23775, Helen Berard, Individually and as next friend of Angie Wright v. Ysabel Garcia; in the 80th Judicial District Court of Harris County, Texas. In addition to being out of the office all day on January 3, 2017, Appellee's counsel needed to prepare for the trial, prepare, exchange and review all pre-trial materials with opposing counsel, prepare voir dire, prepare direct examination of the plaintiff, and prepare closing arguments. See Exhibit A. b. When Appellee received notice of Appellants' Brief, the Clerk of the 3rd Court of Appeals initially calendared Appellee's response due date as January 17, 2017. See Exhibit B. When Appellee's counsel called the Court on January 4, 2017 to confirm the due date, the clerk advised that the due date of January 17, 20 I 7 was in error and that the actual due date was January 5, 2017. I I. For these reasons, Appellee's counsel will not be able to complete Appellee's brief in the instant cause before the current January 5, 2017, due date. This extension is not sought for the purposes of delay. C. PRAYER 12. For these reasons, Appellee asks the Court to extend the time for filing Appellee's brief for 20 days from January 5, 2017 until January 25, 2017. Appellee prays the Court for such other and further relief, at law or in equity, as to which she shall show herself justly entitled. -3- Respectfully submitted, THE PINKERTON LAW FIRM, PLLC ls/Joshua R. Hilbe C. Chad Pinkerton Tx. Bar No. 24047199 Joshua R. Hilbe Tx. Bar No. 24092513 5020 Montrose Blvd, Suite 550 Houston, Texas 77006 713-360-6722 (Office) 713-360-6810 (Facsimile) www.ChadPinkerton.com -4- CERTIFICATE OF CONFERENCE I hereby certify that on January 4, 2017, pursuant to Tex. R. App. P. 10.l(a)(S), I conferred with Counsel for Appellants by e-mail and he is unopposed to and in agreement with the reliefrequested herein. ls/Joshua R. Hilbe Joshua R. Hilbe CERTIFICATE OF SERVICE I hereby certify that on January 4, 2017, a true and correct copy of the foregoing was sent by E-service in accordance with Tex. R. App. P. 9.5(b) to the following counsel ofrecord: Daniel R. Dutko HANSZEN LAPORTE 11767 Katy Freeway, Suite 850 Houston, Texas 77079 Attorney for Appellants David Camp and Bargains for Millionaires, LLC d/b/a Revival ls/Joshua R. Hilbe Joshua R. Hilbe -5- 1/4/2017 Office of Harris County District Clerk - Chris Daniel HCDistrictclerk.com BERARD, HELEN vs. GARCIA, YSABEL 1/4/2017 Cause: 201523775 CDI: 7 Court: 080 SETTINGS Date Court Post Docket Type Reason Results Comments Requesting Jdgm Party 2/0112016 080 1\ial Setting Trial on Merits Re~Set lSTCONT 09:00AM GRANTED 1/14/16 5/23/2016 080 Ttial Setting Trial on Merits Re-Set 2NDCONT 09:00AM GRANTED 5/25/16 8/01/2016 080 1\ial Setting Trial on Merits Re-Set NOTREACHED 09:00AM 1/02/2017 080 Trial Setting Trial on Merits 09:00AM 1/20/2017 080 Law Day Docket ENTRY OF JUDGMENT 09:15 AM EXHIBIT j A http://www.hcdistrictclerk.com/edocs/publlc/CaseDeu,jJsPrinting.aspx?Get=akNTOkVy7G/Kx3QmSLEGKzUNeR,S/WGv4VxlHOyOPN.!jmDkJHnl.eEbjYwOY6f... 1/1 Case No. 201523775 ORTX BERARD,HELEN * IN THE DISTRICT COURT OF vs. * • HARRIS COUNTY, TEXAS GARCIA, YSABEL • • 80th JUDICIAL DISTRICT ORDER RESETTING TRIAL ~ ~~ This case is reset for TRIAL for the two week period beginning 01-l,W17. If the case has not been reached by the second Friday after this reset. All previous pre-trial deadlines remain in effect, unless ch~ by the court. da,~ trial will be If you have any questions regarding this notice, please ccl:tta'Yt the court 0~rwv coordinator, SONIA MIRANDA at (713) 368-6098. 1f!i,