Roscoe F. "Trey" White, III, White Ventures Energy LLC v. Michael Pottorff and Monica Fabbio

ACCEPTED
05-14-00675-CV
FIFTH COURT OF APPEALS
DALLAS, TEXAS
8/31/2015 4:06:42 PM
LISA MATZ
CLERK

No. 05-14-00675-CV

FILED IN
5th COURT OF APPEALS
IN THE DALLAS, TEXAS
COURT OF APPEALS FOR THE FIFTH DISTRICT COURT OF TEXAS
8/31/2015 4:06:42 PM
AT DALLAS LISA MATZ
Clerk

Roscoe F. “Trey” White, III, and
White Ventures Energy, LLC,

Appellants,

v.

Michael Pottorff and Monica Fabbio,
derivatively on behalf of Investors Group, LLC
f/k/a WE Investors Group, LLC

Appellees

Appeal from County Court at Law No. 4, Dallas County, Texas
Cause No. CC-11-00751-D
The Honorable Ken Tapscott, Presiding Judge

______________________________________________________________________________

JOINT MOTION FOR EXTENSION OF TIME TO FILE MOTIONS FOR REHEARING
______________________________________________________________________________

The deadline to file Motions for Rehearing is September 2, 2015. The

parties request a 14-day extension of time, until September 16, 2015, to file their

motions. This is first request for an extension.

Appellees need additional time because their counsel have had and will have

several deadlines in other matters which coincide and interfere with Appellees’

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current deadline. Since the opinion was issued on August 18, 2015, Appellees’

counsel have had the following deadlines: preparing for, taking and defending

depositions of defendants and both parties’ experts in Cause No. DC‐13‐08521, in

the 91st Judicial District Court of Dallas County on August 18, 19 and 20, 2015; a

deposition in Cause No. D‐1‐GN‐11‐3133, in the 261st Judicial District Court of

Travis County on August 24, 2015; and mediation in Cause No. DC‐13‐08521on

August 27, 2015.

In addition to the above-listed deadlines, Appellants’ counsel are scheduled

for the following during the remainder of the time left to file the motion for

rehearing: mediation on September 1, 2015 in Cause No. 14-O-018, in the 421st

Judicial District court of Caldwell County; summary‐judgment responses on

September 2 and 4, 2015 in Cause No. DC‐13‐08521, along with summary

judgment hearings in that case on September 7 and 9, 2015; depositions of

four deponents on September 3 and September 10, 2015 in Cause No. D‐1‐GN‐

11‐3133; and finally, a preferentially‐set jury trial in Cause No. DC‐13‐

08521beginning on September 14, 2015.

Appellants request the same extension so that they will not be placed at

a disadvantage by the Appellees having Appellant’s motion for rehearing to

analyze and draft a response to two weeks before Appellants receive

Appellee’s motion for rehearing.

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 Prayer

Based on the foregoing, the parties request that the Court grant their request

for a 14-day extension of time to file their motions for rehearing.

Respectfully submitted,

DUGGINS WREN MANN & ROMERO, LLP
P.O. Box 1149 | Austin, Texas 78767
512.744.9300 (tel.) | 512.744.9399 (fax)

By: /s/ William P. Johnson
William P. Johnson | SBN: 24002367
bjohnson@dwmrlaw.com
Adrian Ciechanowicz | SBN: 24045659
aciechanowicz@dwmrlaw.com

Attorneys for Appellees

and

HAWKINS PARNELL THACKSTON & YOUNG, LLP
4541 Cole Avenue, Suite 500
Dallas, TX 75205
214.780.5114 (tel.) | 214.780.5200 (fax)

By: /s/ Robert B. Gilbreath
Robert B. Gilbreath | SBN: 07904620
rgilbreath@hptylaw.com

Attorneys for Appellants

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 CERTIFICATE OF SERVICE

I certify that on August 31, 2015, I served a true and correct copy of the
foregoing document via email to:

Robert B. Gilbreath
HAWKINS PARNELL THACKSTON & YOUNG, LLP
4541 Cole Avenue, Suite 500
Dallas, TX 75205
rgilbreath@hptylaw.com

Attorneys for Appellants

/s/ William P. Johnson
William P. Johnson

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