Jerome J. Isaac and Michelle P. Isaac v. Vendor Resource Management, Inc. Mortgage Electronic Registration Systems, Inc. And CitiMortgage, Inc.

ACCEPTED
03-14-00529-CV
4278393
THIRD COURT OF APPEALS
AUSTIN, TEXAS
2/25/2015 12:56:45 PM
JEFFREY D. KYLE
CLERK

No. 03-14-00529-CV
_____________________________________ FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS

In the Third Court of Appeals 2/25/2015 12:56:45 PM
JEFFREY D. KYLE
_____________________________________ Clerk

JEROME J. ISAAC AND MICHELLE P. ISAAC,
Appellants,

V.

VENDOR RESOURCE MANAGEMENT, INC.; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC. AND CITIMORTGAGE, INC.,
Appellees.
_____________________________________
On Appeal from Cause No. 13-0472-C26
26th District Court, Williamson County, Texas
Hon. Billy Ray Stubblefield, 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. and Mortgage Electronic Registration Systems, Inc. respectfully

move the Court to extend the time for filing its Appellees’ Brief by 30 days to

April 3, 2015. The grounds for the motion are as follows:
 1. Background: The Clerk’s Record in this appeal was filed on

November 6, 2014. The Reporter’s Record was filed on November 17, 2014.

Appellants’ brief was filed on February 2, 2015 after an unopposed extension.

2. Appellees respectfully request a 30-day extension of time to complete

and file their Appellees’ brief currently due on March 4, 2015. Appellees have not

received any extensions on their brief.

3. Grounds for the extension:

(a) 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:

02/12/15 No. 14-0892; Garcia v. King Ranch, Inc.; in the Supreme Court of
Texas – Response to Petition for Review filed.

03/09/15 No. B257970; Davis v. Farmers Insurance Exchange; in the Court of
Appeal of the State of California, Second Appellate District –
Respondents’ Brief due.

04/03/15 No. 14-774; Myer v. Americo Life, Inc.; in the Supreme Court of the
United States – Brief in Opposition to Petition for Writ of
Certiorari due.

(b) John Ellis is also responsible for preparing Appellees’ brief. Mr. Ellis

also 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:

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02/12/15 No. 5:14-cv-00337-DAE, Garrison v. Select Portfolio Servicing, Inc.;
in the United States District Court for the Western District of Texas -
Motion for Summary Judgment filed.

02/18/15 No. 2014-CI-01399, Griffith v. Deutsche Bank National Trust
Company f/k/a Bankers Trust Company of California, N.A. as Trustee
for Long Beach Mortgage Loan Trust 2001-2; in the 224th Judicial
District Court, Bexar County, Texas – Motion for Summary
Judgment filed; hearing anticipated in March 2015.

02/25/15 No. 5:14-cv-0943-RP; Jones w. Wells Fargo Bank, N.A.; in the United
States District Court for the Western District of Texas – Response to
Motion to Amend or Alter Judgment due.

02/27/15 No. C-1-PB-14-001454; Dao v. Dinh; in the Statutory Probate Court,
Travis County, Texas – Objections and responses to more than 500
written discovery requests due.

03/04/15 No. C2013-1445C, Schuetz v. Source One Mortgage Services
Corporation; in the 274th Judicial District Court, Comal County,
Texas – Response to Motion for Summary Judgment due.

03/11/15 No. C2013-1445C, Schuetz v. Source One Mortgage Services
Corporation; in the 274th Judicial District Court, Comal County,
Texas – Hearing on parties’ Motions for Summary Judgment.

03/27/15 Course Director, State Bar of Texas Continuing Legal Education
Program entitled Building Your Career: A Guide for New Lawyers,
Austin, Texas

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. and Mortgage Electronic

Registration Systems, Inc. pray that this Motion be granted and that the time for

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filing their Appellees’ Brief be extended by 30 days to April 3, 2015. Appellees

also pray for such other and further relief to which they may be entitled at law or in

equity.

Respectfully submitted,
LOCKE LORD LLP
By: /s/ Susan A. Kidwell
Susan A. Kidwell
State Bar No. 24032626
skidwell@lockelord.com
B. David L. Foster
State Bar No. 24031555
dfoster@lockelord.com
John W. Ellis
State Bar No. 24078473
jellis@lockelord.com
LOCKE LORD LLP
600 Congress Avenue, Suite 2200
Austin, Texas 78701
Telephone: (512) 305-4700
Facsimile: (512) 305-4800

Robert T. Mowrey
State Bar No. 14607500
rmowrey@lockelord.com
LOCKE LORD LLP
2200 Ross Avenue, Suite 2200
Dallas, Texas 75201
Telephone: (214) 740-8000
Facsimile: (214) 740-8800

COUNSEL FOR CITIMORTGAGE, INC. AND
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.

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 CERTIFICATE OF CONFERENCE

I hereby certify that on February 24, 2015, I contacted Mr. Michael

Brinkley, counsel for Appellants, by email and Mr. Brinkley informed me that

Appellants do not oppose this motion. I also certify that on February 25, 2015, I

contacted Mr. Christopher Ferguson, counsel for Appellee Vendor Resource

Management, Inc., by email and Mr. Ferguson informed me that VRM does not

oppose to this motion.

/s/ John W. Ellis
John W. Ellis

CERTIFICATE OF SERVICE

I hereby certify that on February 25, 2015, a true and correct copy of the

foregoing was served via EFileTx.Gov e-service upon the following:

Mr. Michael Brinkley Christopher S. Ferguson
michael@brinkleypllc.com chris@jackoboyle.com
BRINKLEY LAW PLLC JACK O’BOYLE & ASSOCIATES
P. O. Box 820711 P. O. Box 815369
Fort Worth, Texas 76182 Dallas, Texas 75381
Counsel for Michelle P. Isaac and Counsel for Vendor Resource
Jerome J. Isaac Management, Inc.

/s/ Susan A. Kidwell
Susan A. Kidwell

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