ACCEPTED
01-15-00429-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
12/17/2015 3:16:32 PM
CHRISTOPHER PRINE
CLERK
No. 01-15-00429-CV
FILED IN
1st COURT OF APPEALS
In The First District Court of Appeals HOUSTON, TEXAS
Houston, Texas 12/17/2015 3:16:32 PM
CHRISTOPHER A. PRINE
Clerk
Eileen K. Starbranch,
Appellant,
v.
Elizabeth Howard Crowell,
Appellee.
On Appeal from the 55th Judicial District Court
Harris County, Texas
Cause No. 2013-14192
UNOPPOSED MOTION FOR EXTENSION
OF TIME TO FILE REPLY BRIEF OF APPELLANT
TO THE HONORABLE FIRST COURT OF APPEALS:
Appellant, Eileen K. Starbranch, respectfully files this unopposed motion for
extension of time to file her reply brief.
1. The present deadline for filing her brief is December 31, 2015.
2. Appellant seeks an extension of 30 days, until January 30, 2016, in
which to file her reply brief.
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3. This is Appellant’s first request for an extension of time to file her
reply brief.
4. This motion is unopposed.
5. Appellant requests an extension because:
• When Appellee’s Brief was filed, counsel for Appellant was drafting
opening briefs to be filed in the following cases:
Federal Cases on Appeal Original Deadline
United States v. 5. Rodolfo Borja, et al, 12/23/2015
No. 15-50762 (5th Cir. filed July 27, 2015)
United States v. Anthony Gonzales, et al, 12/28/2015
No. 15-50762 (5th Cir. filed Aug. 14, 2015)
United States v. James Edward Alexander, 01/04/2016
No. 15-10814 (5th Cir. filed Aug. 24, 2015)
Appellant’s counsel requested an extension of time to file the opening
brief in each of these cases because, among other reasons, the records
on appeal in Borja and Gonzales were missing pertinent documents
and/or evidence. On December 15, 2015, the Fifth Circuit extended
the deadline for filing the opening briefs in each of the above-
referenced cases by thirty days.
• When Appellee’s Brief was filed, Appellant’s counsel was also
drafting an appellee brief in M&E Endeavours LLC v. Cintex Wireless
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LLC, No. 01-15-00234-CV (Tex. App.—Houston [1st Dist.] filed
Mar. 11, 2015) which is due on January 8, 2016. 1
• Appellant’s counsel has a hearing in George Govin v. Indera Ali, No.
CV72C0039264 (Justice Court, Precinct 7, Place 2, of Harris County,
Texas) on December 22, 2015.
• Appellant’s counsel and his family will be in San Angelo, Texas,
beginning December 26, 2015, and through December 28, 2015,
visiting relatives.
• Appellant’s counsel and his family will in Costa Rica, beginning
December 30, 2015, and through January 4, 2016, vacationing with
extended family.
• Pursuant to an order of referral for mediation in Kokas v. Osborne,
No. 2014-73887 (151st Civil District Court, Harris County),
Appellant’s counsel must represent his client at mediation in that case
by January 7, 2016.
For these reasons, Appellant’s counsel will probably not be able to begin working
on the reply brief in this case until January 2016. Appellant’s counsel is requesting
a deadline well after the holidays to complete and file the reply brief.
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Contemporaneously with the filing of this motion, lead counsel for Appellant is filing a request
for extension of time to file appellee’s brief in M&E Endeavours v. Cintex Wireless.
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6. This motion is not filed for the purpose of delay, but to allow counsel
adequate time to prepare Appellant’s Reply Brief in a way that will assist the Court
in reaching a decision.
For these reasons, Appellant respectfully requests that the deadline for filing
Appellant’s Reply Brief be extended 30 days until January 30, 2016.
Respectfully submitted,
NELSON S. EBAUGH, P.C.
/s/ Nelson S. Ebaugh
Nelson S. Ebaugh
Texas Bar No. 24007139
NELSON S. EBAUGH, P.C.
2777 Allen Parkway, Suite 1000
Houston, TX 77019
Ph (713) 752-0700
Fax (713) 739-0500
nebaugh@ebaughlaw.com
COUNSEL FOR APPELLANT
CERTIFICATE OF CONFERENCE
I conferred with Courtney B. Glaser, one of the attorneys for Appellee. She
stated that he had no objection to this Motion.
/s/ Nelson S. Ebaugh
Nelson S. Ebaugh
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CERTIFICATE OF SERVICE
On December 17, 2015, I electronically filed this Motion with the Clerk of
Court using the eFile.TXCourts.gov electronic filing system which will send
notification of such filing to the following:
John B. Shely jshely@andrewskurth.com
Courtney B. Glaser cglaser@andrewskurth.com
ANDREWS KURTH, LLP
600 Travis, Suite 4200
Houston, Texas 77002
Fax (713) 220-4285
/s/ Nelson S. Ebaugh
Nelson S. Ebaugh
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