FILED
14-0443
6/1/2015 1:56:15 PM
tex-5491370
SUPREME COURT OF TEXAS
BLAKE A. HAWTHORNE, CLERK
NO. 14-0443
IN THE SUPREME COURT OF TEXAS
GATOR APPLE, LLC,
Petitioner,
VS.
APPLE TEXAS RESTAURANTS, INC.,
Respondent.
Appeal from the Fifth District Court of Appeals, Dallas Texas
Appeal No. 05-12-01369-CV
134th District Court, Dallas County, Texas
Trial Court No. DC-11-6565
PETITIONER'S SECOND MOTION FOR EXTENSION OF TIME TO FILE
MOTION FOR REHEARING OF PETITION FOR REVIEW
R. MICHAEL NORTHRUP
State Bar Card No. 15103250
mnorthrup@cowlesthompson.com
HILAREE A. CASADA
State Bar Card No. 24027676
hcasada@cowlesthompson.com
COWLES & THOMPSON, P.C.
901 Main Street, Suite 3900
Dallas, TX 75202
(214) 672-2000
(214) 672-2020 (FAX)
ATTORNEYS FOR PETITIONER,
GATOR APPLE, LLC
1502642.1
TO THE HONORABLE SUPREME COURT OF TEXAS:
Petitioner, Gator Apple, LLC (Gator), files this Second Motion for
Extension of Time to File Motion for Rehearing of Petition for Review, and in
support of the requested extension shows the Court the following:
1. The deadline for filing the Motion for Rehearing is Monday, June 1, 2015.
2. Petitioner seeks an 8-day extension of time to file its motion for rehearing,
or up to and including, Tuesday, June 9, 2015.
3. Petitioner requires an extension of time to file the motion for the following
reasons:
a. Lead Appellate Counsel, Michael Northrup has been involved in other
matters which precluded him from completing the motion in the time
permitted. In particular, Mr. Northrup had to prepare for an
unanticipated and late-noticed hearing in In re the Guardianship of
Sydney Ayn LaRoe, No. PR-09-3185-1, pending in the Probate Court
No. 1, Dallas County, Texas. Mr. Northrup also had to perform
emergency research on this matter in order to ensure that the Ward’s
interests were adequately protected.
b. Mr. Northrup is co-counsel in Wal-Mart Stores, Inc. v. Forte, which is
pending before this Court on certified questions, Case No. 15-0146.
1502642.1 2
Wal-Mart’s brief is due for filing on Friday, June 5, 2015, and Mr.
Northrup will be involved with preparing the brief for filing.
c. Mr. Northrup is also scheduled to attend the UT Conference on
Federal and State Appeals in Austin, Texas this week on June 4 th and
June 5th, 2015.
d. Co-counsel, Hilaree Casada, has been involved in other matters which
precluded her from drafting the motion for rehearing, and was out of
town on a prepaid vacation from May 24, 2015 through May 31,
2015.
e. Ms. Casada has also been involved in reviewing the appellate record
and preparing Appellants’ Brief in Masik & Young Plaza, LLC et al.
v. K-Town Management, LLC, et al., 05-15-00353-CV, pending in the
Fifth District Court of Appeals at Dallas.
f. Ms. Casada also prepared the jury charge and trial summary in Triple
M GmbH v. Daniel Kondos, Cause Number 429-01826-2014,
currently pending in the 429th Judicial District Court of Collin
County, Texas.
g. Ms. Casada is also involved in preparing motions for summary
judgment in two separate cases: (1) Debra Halcumb, et al. v.
Helmerich and Payne, Inc., et al., C.A. No. 6:12-CV-00615-LED,
1502642.1 3
currently pending in the United States District Court for the Eastern
District of Texas, and (2) Wal-Mart Stores, Inc. v. Western Builders of
Amarillo, Inc., et al., Case No. CJ-2010-449, currently pending in the
District Court of Creek County, Oklahoma.
h. Ms. Casada is also reviewing the appellate record and preparing
Appellants’ Brief in Eusebio Palacios v. Jayaben Patel, Cause No.
08-15-00072-CV, currently pending in the Eighth District Court of
Appeals at El Paso.
i. In addition, various other internal deadlines and routine projects have
prevented Mr. Northrup and Ms. Casada from preparing the motion
for rehearing in this matter.
4. There has been one prior 14-day extension of time for filing this motion for
rehearing.
5. Petitioner would further show that the appeal to this Court is taken from the
Fifth District Court of Appeals, which issued its opinion and judgment March 5,
2014. Petitioner timely filed a motion for rehearing in the court of appeals on
March 20, 2014, which was denied on April 7, 2014. Petitioner then filed a motion
for rehearing en banc on April 22, 2014, which was denied on May 14, 2014.
The facts set out above are within the personal knowledge of the
undersigned counsel.
1502642.1 4
WHEREFORE, PREMISES CONSIDERED, Petitioner Gator Apple, LLC
respectfully requests that the Court grant this motion for extension of time to file
its motion for rehearing of the petition for review and afford Gator up to and
including Tuesday, June 9, 2015, to file its motion. Gator requests such further
and additional relief as the Court deems appropriate.
Respectfully submitted,
By: ___________________________
R. MICHAEL NORTHRUP
Texas Bar No. 15103250
mnorthrup@cowlesthompson.com
HILAREE A. CASADA
Texas Bar No. 24027676
hcasada@cowlesthompson.com
COWLES & THOMPSON, P.C.
901 Main Street, Suite 3900
Dallas, TX 75202
(214) 672-2000 (Tel)
(214) 672-2020 (Fax)
ATTORNEYS FOR PETITIONER
GATOR APPLE, LLC
1502642.1 5
CERTIFICATE OF CONFERENCE
The undersigned counsel certifies that he contacted lead counsel for
Respondent regarding this motion and she stated that the Respondent opposes the
requested extension of time.
______________________________
R. Michael Northrup
CERTIFICATE OF SERVICE
The undersigned certifies that on the June 1, 2015, a true and correct copy of
this motion was delivered via Electronic Service to the counsel of record listed
below.
Beverly Whitley Robert B. Gilbreath
beverlyw@bellnunnally.com rgilbreath@hptylaw.com
Kristopher H. Hill Hawkins Parnell Thackston
kristopherh@bellnunnally.com & Young, LLP
Bell, Nunnally & Martin, LLP 4514 Cole Avenue, Suite 500
1400 One McKinney Plaza Dallas, Texas 75205-5412
3232 McKinney Avenue Amicus Curiae
Dallas, Texas 75204
Counsel for Respondent
______________________________
R. MICHAEL NORTHRUP
1502642.1 6
Gator Apple, Llc v. Apple Texas Restaurants, Inc.
Combined Opinion