Jerry Wright and Staci Wright v. Gregory S. Menta

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ACCEPTED 05-15-00272-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 6/5/2015 5:24:40 PM LISA MATZ CLERK NO. 05-15-00272-CV FILED IN 5th COURT OF APPEALS DALLAS, TEXAS In the Fifth Court of Appeals 6/5/2015 5:24:40 PM Dallas, Texas LISA MATZ Clerk JERRY WRIGHT AND STACI WRIGHT, Appellants, v. GREGORY S. MENTA, Appellee. On Appeal from the 59th District Court Grayson, Texas Trial Court Cause No. CV-12-0093 UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF TO THE HONORABLE COURT OF APPEALS: Appellee Gregory S. Menta files this unopposed motion for extension of time to file his brief under the authority of Texas Rules of Appellate Procedure 10.5(b)(1): A. INTRODUCTION. 1. This is an appeal from an Order and Final Judgment with Amended Final Arbitration Award. 2. Appellants filed their brief on May 6, 2015. Appellee’s brief is currently due June 5, 2015. 3. Appellee requests a 30 day extension to file his Appellee’s Brief, or up to and including July 6, 2015. 4. This is Appellee’s first request for an extension of time. B. BASES FOR EXTENSION. 5. In addition to attempting to prepare the brief in this case, undersigned counsel for Appellee has been otherwise engaged in: * Prepared and presented a hearing in Jose & Edna Perez v. Loya Insurance Company, Cause No. 2009-32923 in the 113th Judicial District Court, Harris County, Texas, on May 29, 2015; * Prepared and presented a hearing in Samuel Guerra v. Travelers Lloyds of Texas Insurance Company, Cause No. 2009-33090 in the 125th Judicial District Court, Harris County, Texas on May 29, 2015; * Preparing a brief in Bay Area Healthcare Group, Ltd. d/b/a Corpus Christi Medical Center v. Brenda Martinez, Cause No. 13-15-00118- CV, in the Thirteenth Court of Appeals, due on June 5, 2015; * Preparing a amici brief in Greater Houston Partnership v. Ken Paxton, Texas Attorney General; and Jim Jenkins, Cause No. 13-0745, in the Supreme Court of Texas; -2- * Preparing a brief in Erin Lynn Stow and Katherine Bradley v. Slammin 4, LLC, et al., Cause No. 14-15-00044-CV, in the Fourteenth Court of Appeals, Houston, Texas, due on June 10, 2015; * Preparing a motion to compel in Henry Olusegun George, et al. v. Hartford Life and Accident Insurance Company and Examination Management Services, Inc., Cause No. 4:15-cv-00381, in the United States District Court for the Southern District, Houston, Texas, and * Preparing for a trial in Felicita Del Carmen Canas, et al. v. CenterPoint Energy Resources Corp., Cause No. 2011-08170, in the 157th Judicial District Court, Harris County, on June 15, 2015. C. PRAYER. 6. For these reasons, Appellee asks that the court grant his extension of 30 days to file his brief, or up to and including July 6, 2015. Respectfully submitted, KELLY, DURHAM & PITTARD, L.L.P. By: /s/ Peter M. Kelly Peter M. Kelly (Lead Counsel) State Bar No. 00791011 1005 Heights Boulevard Houston, Texas 77008 Telephone: 713.529.0048 Facsimile: 713.529.2498 Email: pkelly@texasappeals.com -3- PERDUE & KIDD By: /s/ Donald H. Kidd Donald H. Kidd, Co-Counsel State Bar No. 11383100 510 Bering Drive, Suite 550 Houston, Texas 77057 Telephone: 713.520.2500 Facsimile: 713.520.2525 Email: dkidd@perdueandkidd.com HYNDS & GORDON, P.C. By: /s/ J. Don Gordon J. Don Gordon, Co-Counsel State Bar No. 08200200 500 North Sam Rayburn Freeway Suite 200 Sherman, Texas 75090 Telephone: 903.892.1807 Facsimile: 903.893.2015 Email: jdon@hyndsgordon.com Counsel for Appellee Gregory S. Menta -4- CERTIFICATE OF CONFERENCE I, Peter M. Kelly, certify that I have conferred with opposing counsel, and Bryan Burg does not oppose this request for an extension of time. /s/ Peter M. Kelly Peter M. Kelly -5- CERTIFICATE OF SERVICE A true and correct copy of this Unopposed Motion for Extension of Time to File Appellee’s Brief has been forwarded to all counsel of record on June 5, 2015, as follows: Bryan H. Burg SIEBMAN, BURG, PHILLIPS & SMITH, LLP 4949 Hedgcoxe Rd., Suite 230 Plano, Texas 75024 bryanburg@siebman.com Via Facsimile: 214.387.9125 Clyde M. Siebman SIEBMAN, BURG, PHILLIPS & SMITH, LLP Federal Courthouse Square 300 N. Travis Street Sherman, Texas 75090 clydesiebman@siebman.com fax: 903.870.0066 Elvin E. Smith, III LAW OFFICES OF ELVIN E. SMITH, III PLLC 307 Dartbrook Rockwall, Texas 75087 esmith@eeslaw.com fax: 972.722.3332 Counsel for Appellant Jerry Wright /s/ Peter M. Kelly Peter M. Kelly -6-