ACCEPTED
141400788
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
2/16/2015 2:07:04 PM
CHRISTOPHER PRINE
CLERK
In The
Fourteenth Court of Appeals FILED IN
_____________________ 14th COURT OF APPEALS
# 14-14-00788-CV HOUSTON, TEXAS
2/17/2015 8:39:00 AM
_____________________
EXERGY DEVELOPMENT GROUP OF IDAHO, LLCCHRISTOPHER AND JAMES
Clerk
A. PRINE
T. CARKULIS, Appellants
V.
HIGH POWER ENERGY, LLC, BLUE RENEWABLE ENERGY,
LLC AND BLACK MOUNTAIN FINANCIAL, CORP, Appellees
---------------------
On Appeal from the 125th District Court Harris County, Texas
Trial Court Cause No. 2012-67104
---------------------
Appellants’ Unopposed Motion for Extension of Filing Deadline
Comes now EXERGY DEVELOPMENT GROUP OF IDAHO,
LLC AND JAMES T. CARKULIS, Appellants, and file this unopposed
motion for extension of deadline for thirty (30) days:
As cause, counsel would respectfully show as follows:
1. This is an appeal from death penalty sanctions ordered in the
District Court. Exergy’s third-party complaint was stricken and it was
prohibited from introducing any evidence to support claims against the third-
party defendants.
2. The appellants’ brief is due February 26, 2015.
3. Counsel’s father recently passed away, and the funeral was ten
days ago.
1
4. Counsel is back at work after attending to certain associated
personal matters.
5. Last week, Counsel was in Lubbock for a hearing on a capital
habeas writ, Rodriguez v. Stephens, 5:13-CV-00233, before Judge Sam
Cummings.
6. Counsel has upcoming deadlines in two capital habeas appeals
in the Fifth Circuit, Roberson v. Stephens, 14-70033, and Garcia v.
Stephens, 14-70035.
7. Counsel does not seek the requested extension for purposes of
delay, but rather so that he can devote the requisite attention to the case at
bar, while attending to other matters which were somewhat delayed because
of the aforementioned funeral.
WHEREFORE, premises considered, Counsel prays for an extension
of deadline to March 26, 2015.
Respectfully submitted,
Seth Kretzer
LAW OFFICES OF SETH KRETZER
440 Louisiana Street; Suite 200
Houston, TX 77002
(713) 775-3050 (DIRECT)
seth@kretzerfirm.com (email)
2
CERTIFICATE OF CONFERENCE
This is to certify that on February 11, 2015, I contacted appellees’
counsels, Andrew Edison and Howard Klatsky, who are unopposed to the
relief requested herein.
Seth Kretzer
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing opposed
Motion was served on all counsel of record on the 16th day of February 2015
Seth Kretzer
3