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,