Victory Cheval Holdings, LLC Garrett Jennings And Castle Crown Management, LLC v. Dennis Antolik Victor Antolik And Cheval Manor, Inc. D/B/A Austin Polo Club

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ACCEPTED 03-15-00464-CV 7194853 THIRD COURT OF APPEALS AUSTIN, TEXAS October 1, 2015 10/1/2015 4:29:03 PM JEFFREY D. KYLE CLERK NO. 03-15-00464-CV __________________________________________________ RECEIVED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS THIRD JUDICIAL DISTRICT OF TEXAS10/1/2015 4:29:03 PM AT AUSTIN JEFFREY D. KYLE ________________________________________________Clerk VICTORY CHEVAL HOLDINGS, LLC, GARRETT JENNINGS AND CASTLE CROWN MANAGEMENT, LLC, Appellants v. DENNIS ANTOLIK, VICTOR ANTOLIK and CHEVAL MANOR, INC., Appellees APPELLEES’ MOTION TO EXTEND DEADLINE TO FILE SUPPLEMENTAL CLERK’S AND REPORTER’S RECORDS TO THE HONORABLE THIRD COURT OF APPEALS: Appellees Dennis Antolik and Cheval Manor, Inc. file this motion to extend the deadline to file supplemental clerk’s and reporter’s records from the hearing on the motions for contempt referred to the trial court by this Court. Because the contempt hearing has been reset by agreement to allow for continued settlement negotiations, it will not be possible to file the supplemental records within the deadlines imposed by this Court in its orders of referral. 8590-02/00537169.000 1 This an interlocutory appeal from a temporary injunction. Both sides have filed motions for contempt, which this Court referred to the trial court for hearing in orders issued on September 10 and 28, 2015. The Court’s orders required the parties to submit supplemental clerk’s and reporter’s records on or before October 2, and 12, 2015. The parties agreed to hear both motions before the trial court on September 30, 2015. On September 29, 2015, the parties attended mediation. Although no settlement was reached, the parties have agreed on a general framework that they hope will result in a final resolution of all disputes between the parties, including this appeal and the contempt motions. The parties agreed to recess the mediation and appeared for a status hearing before the trial court on September 30, 2015. The trial court reset the contempt hearing for November 5, 2015 to allow more time for settlement negotiations. The trial court also requested that it be allowed two weeks after the hearing to prepare the supplemental clerk’s and reporter’s records. PRAYER Accordingly, Appellees Dennis Antolik and Cheval Manor, Inc. respectfully request that the Court extend the deadline for all parties to submit the supplemental clerk’s and reporter’s records from the contempt hearing until November 24, 2015. 8590-02/00537169.000 2 Respectfully submitted, TAUBE SUMMERS HARRISON TAYLOR MEINZER BROWN LLP By: /s/ Cleveland R. Burke Mark C. Taylor State Bar No. 19713225 Cleveland R. Burke State Bar No. 24064975 100 Congress Avenue, 18th Floor Austin, Texas 78701 (512) 472-5997 (512) 472-5248 (FAX) mtaylor@taubesummers.com cburke@taubesummers.com ATTORNEYS FOR DENNIS ANTOLIK AND CHEVAL MANOR, INC. CERTIFICATE OF CONFERENCE I hereby certify that, on October 1, 2015, I conferred via telephone with Appellants’ attorneys Kemp Gorthey and Peyton Smith, who agreed to the relief sought in this motion. I conferred via email with Appellee Victor Antolik’s current attorney Jack Bacon, who agreed to the relief sought in this motion. I also conferred via telephone with Appellee Victor Antolik’s former attorney Isabelle Antongiorgi, who agreed to the relief sought in this motion. /s/ Cleveland R. Burke Cleveland R. Burke 8590-02/00537169.000 3 CERTIFICATE OF SERVICE I hereby certify that the counsel listed below were served with a true and correct copy of the foregoing motion via eFile.TXCourts.gov on October 1, 2015: Kemp Gorthey Donald R. Taylor The Gorthey Law Firm Isabelle M. Antongiorgi 604 W. 12th Street Taylor, Dunham & Rodriguez, LLP Austin, Texas 78701 301 Congress Avenue, Suite 1050 kemp@gortheylaw.com Austin, Texas 78701 Counsel for Appellants Garrett Jennings dtaylor@taylordunham.com and Castle Crown Management, LLC ima@taylordunham.com Former counsel for Appellee Victor Antolik Peyton N. Smith Jack Bacon Brian L. King 3839 Bee Caves Rd., Ste. 100 Reed & Scardino LLP Austin, Texas 78746 301 Congress Avenue, Suite 1250 hotbacon@me.com Austin, Texas 78701 Counsel for Appellee Victor Antolik psmith@reedscardino.com bking@reedscardino.com Counsel for Appellant Victory Cheval Holdings, LLC /s/ Cleveland R. Burke Cleveland R. Burke 8590-02/00537169.000 4