ACCEPTED
03-14-00738-CV
5865989
THIRD COURT OF APPEALS
AUSTIN, TEXAS
6/29/2015 3:21:03 PM
JEFFREY D. KYLE
CLERK
03-14-00738-CV
In the Court of Appeals FILED IN
3rd COURT OF APPEALS
For the Third District of Texas at Austin AUSTIN, TEXAS
6/29/2015 3:21:03 PM
JEFFREY D. KYLE
Elness, Swenson, Graham Architects, Inc., Clerk
Appellant and Cross-Appellee,
v.
RLJ II-C Austin Air, LP, RLJ II-C Austin Air Lessee, LP,
and RLJ Lodging Fund II Acquisitions, LLC,
Appellees and Cross-Appellants.
On Appeal from the
200th Judicial District Court of Travis County, Texas
Cause Number: D-1-GN-002325
The Honorable Stephen Yelenosky, Presiding Judge
APPELLANT’S UNOPPOSED MOTION TO EXTEND
TIME TO FILE REPLY BRIEF
Attorneys for Appellant and Cross-Appellee
MACDONALD DEVIN, PC Gregory N. Ziegler
3800 Renaissance Tower Texas Bar No. 00791985
Dallas, Texas 75270 GZiegler@MacdonaldDevin.com
214.744.3300 telephone Weston M. Davis
214.747.0942 facsimile Texas Bar No. 24065126
WDavis@MacdonaldDevin.com
Steven R. Baggett
Texas Bar No. 01510680
SBaggett@MacdonaldDevin.com
IDENTITY OF PARTIES AND COUNSEL
Defendant/Appellant/Cross-Appellee
Elness, Swenson, Graham Architects, Inc.
Counsel for Defendant/Appellant/Cross-Appellee
Gregory N. Ziegler
Texas Bar No. 00791985
Steven R. Baggett
Texas Bar No. 01510680
Weston M. Davis
Texas Bar No. 24065126
MACDONALD DEVIN, PC
1201 Elm Street
3800 Renaissance Tower
Dallas, Texas 75270
214.744.3300 Telephone
214.747.0942 Facsimile
Counsel for Plaintiff/Appellee/Cross-Appellant
RLJ II-C Austin Air, LP, RLJ II-C Austin Air Lessee, LP, and RLJ Lodging
Fund II Acquisitions, LLC
represented by
Michael Huddleston
Stephen Gibson
Benton T. Wheatley
Tracy L. McCreight
Jessica C. Neufeld
MUNSCH HARDT KOPF & HARR, P.C.
401 Congress Ave, Suite 3050
Austin, Texas 78701
512.391.6100 Telephone
512.391.6149 Facsimile
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TO THE HONORABLE THIRD COURT OF APPEALS:
Pursuant to Tex. R. App. P. 10.5(b) and 38.6(d), the Appellant and Cross-
Appellee, Elness, Swenson, Graham Architects, Inc. (“ESG”), files this Unopposed
Motion to Extend Time to File Appellant’s Reply Brief. ESG’s reply brief is
currently due on July 1, 2015. Counsel for ESG requests a 15-day extension of
time to file its brief, making the brief due on July 16, 2015. This is the first request
for extension of time to file ESG’s reply brief. ESG and RLJ each previously
requested one 30-day extension of time to file the Appellant’s and Cross-
Appellant’s opening briefs and one 30-day extension of time to file corresponding
response briefs.
In addition to the routine matters that counsel must attend to in daily
practice, counsel for ESG is preparing for the following matters:
1. Mediation of six related cases for breach of contractual duties involving
healthcare services on July 7, 2015;
2. Poulos v. Neidich, No. 2013-CA-11693, in the Circuit Court for the
Fifteenth Judicial Circuit in Palm Beach County Florida, Preparation for
Trial Setting on August 17, 2015; and
3. Suncoast Post-Tension v. Peter Scoppa, et al., No. 4:13-cv-3125, in the
United States District Court for the Southern District of Texas,
preparation for docket call and trial on August 28, 2015.
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Counsel for ESG seeks this extension of time to be able to prepare a cogent
and succinct brief to aid this Court in its analysis of the issues presented. This
request is not sought for delay but so that justice may be done.
Counsel for ESG has conferred with Michael W. Huddleston, counsel for the
Cross-Appellant, and he has indicated that his client does not oppose this motion.
All facts recited in this motion are within the personal knowledge of the
counsel signing this motion, therefore no verification is necessary under Texas
Rule of Appellate Procedure 10.2.
PRAYER FOR RELIEF
For the reasons set forth above, ESG requests that this Court grant this
Unopposed Motion to Extend Time to File Appellant’s Reply Brief and extend the
deadline for filing Appellant’s Reply Brief up to and including July 16, 2015. ESG
requests all other relief to which it may be entitled.
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Respectfully submitted,
MACDONALD DEVIN, PC
By: /s/ Weston M. Davis
Gregory N. Ziegler
Texas Bar No. 00791985
GZiegler@MacdonaldDevin.com
Steven R. Baggett
Texas Bar No. 01510680
GZiegler@MacdonaldDevin.com
Weston M. Davis
Texas Bar No. 24065126
WDavis@MacdonaldDevin.com
1201 Elm Street
3800 Renaissance Tower
Dallas, Texas 75270
214.744.3300 telephone
214.747.0942 facsimile
Attorneys for Appellant
Elness, Swenson, Graham Architects,
Inc.
CERTIFICATE OF SERVICE
The undersigned attorney certifies that a true and correct copy of the
foregoing Unopposed Motion to Extend Time to File Appellant’s Reply Brief was
served on all counsel of record in accordance with the Texas Rules of Appellate
Procedure via e-Filing, on June 29, 2015.
/s/ Weston M. Davis
Weston M. Davis
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CERTIFICATE OF CONFERENCE
Pursuant to Tex. R. App. P. 10.1(5), I certify that counsel for ESG conferred
with opposing counsel who indicated that his client does not oppose this motion.
/s/ Weston M. Davis
Weston M. Davis
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